Solo Spring 2022

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TO INSPIRE TO PROMOTE TO LEAD SUPPORTING SOLICITORS IN SOLE PRACTICE

25th Annual Conference at Carden Park

solo SPEAKERS ANNOUNCED!

Spring 2022

IN THIS ISSUE: Get to know the Exec Team: Dorcas Wuraola Falode Managing a compliant law firm closure PLUS Taking a look around Carden Park

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contents spring 2022 4 6 8 9 10 12 13 14 15 16 20 22 24 25 26

From the Chairwoman Honorary Secretary’s report Spring 2022 Get to know the Exec Team - Dorcas Wuraola Falode Health & Wellbeing SPG Executive Committee 2022 What is run-off cover?

Asylum Seekers to be Sent to Rwanda The Outsourced Transcription Provider as a Resource Managing an orderly and compliant law firm closure Council Member’s Report 25th Annual Conference 2022 Carden Park The 6 R’s of Sustainability Home Care in the UK Is Fear Slowing Down Growth in Your Legal Practice?

APRSO18096 header.indd 1 FINDING YOUR VOICE IN TODAY’S DIGITAL AND PRINT MEDIA

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High Court Guidance on Data Breach Claims Belonging in the Small Claims Court Geodesys drainage and water report for new build homes The value of peer support The Latest RICS Residential Market Survey Consultation Proposal From The Legal Service Ombudsman - Time Limit On Complaints How to Re-ignite Your Career Book Reviews Updates to the Conveyancing Quality Scheme An insight to reducing complaints How specialist services can help you clear estate administration hurdles

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Legal Notice 02/02/2022 12:40 © 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.

04

From the Chairwoman

I look forward to a happy and productive 2022 for all our members!

I write to update members on what has happened since the last Executive Committee meetings on 12 January 2022 and 22 March 2022 but first it is with great pleasure that I announce the appointment of the new SPG Vice Chair Dorcas Falode and I look forward to working with Dorcas for the remainder of my time as Chair.

Dorcas currently heads the Health and Well Being Sub Committee and I and the Executive Committee are very pleased with the initiatives Dorcas is introducing in this area.

25th Annual Conference - Business Growth Summit – Carden Park I am pleased to inform members that the President of the Law Society, I. Stephanie Boyce and Stephen Gowland of the Legal Services Board are among the interesting speakers who are attending the SPG Annual 25th Conference at Carden Park.

The tickets for the annual conference are now available to book online. I recommend that members book early for this to secure your place as the conference venue is a luxury Hotel & Spa in the heart of Cheshire’s countryside with not just interesting speakers but a range of exhibitors to assist in your practice as well as providing members with the opportunity to engage with fellow SP’s - and have some fun too.

Dorcas has also arranged for health and well being coach, Charlène Gisèle Bourliout to attend the Annual Conference both as a speaker and also to have one to one sessions with attendees over the course of the weekend.

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I am looking forward to what I hope will be both an informative, enabling and fun conference for all who attend.

joanna@spg.uk.com and I will arrange it for you.

Two recent attendees joined the committee after attending to observe.

Solicitors Indemnity Fund (SIF) This remains an important issue for our members and the SPG submitted a robust response to the SRA’s consultation which can be accessed on our website. The LSB Consumer Panel’s response also expressed concerns with the detriment it would cause for consumers of legal services.

Engagement with Members We have maintained contact with our members via Mail Chimp with Seminars, consultations and other items that may be of interest you.

At the last SPG/SRA quarterly meeting I attended with fellow executive committee members on 21st March, we were informed that the SIF issue is going to go to the main board in April 2022 for a decision on next steps.

We were also informed that the SRA have been holding consumer focus groups since the consultation closed.

Pastoral Care/Health and Wellbeing I and the Executive Committee believe it is increasingly becoming more important that we provide access and assistance to our members in this area.

Dorcas Falode heads this new area for the SPG and will be engaging with people/firms in this area to provide information and assistance for our members both ongoing and at our Annual Business Growth Summit at Carden Park in June.

Committee Attendees If any SP member would like to attend the National Executive Committee meetings as an observer please contact me at

The SPG website’s members private interactive forum is being finalised and should go live in the next few weeks, I hope it will go live shortly.

Members will be able to engage with each other and access useful information in their areas of practice (and other areas).

New SPG Initiatives The Legal Services Boards Consumer Panel Chair has asked us to make representations on issues we consider lead to consumer detriment.

At the last National Executive Committee Meeting on 22 March 2022, it was agreed that the following areas of concern would be looked at: 1. Conveyancing 1.1 Referral fees between solicitors and estate agents as they have no direct benefit to the consumer. Consumers are referred by estate agents to firms who pay the referral fees rather than on the quality of service.

1.2 The current practice of one solicitor acting for both mortgage lender and the consumer borrower, the solicitor being on the mortgage lenders panel of solicitors. This appears to the Committee to present a clear conflict of interest and is detrimental to the area of consumer choice.

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1.3 The current emphasis by our regulators for the services that solicitors offer in this area to be compared on price rather than quality of service. Price is only one element that should be considered, the lowest fee does not of itself indicate quality of service.

When SPs are instructed in a conveyancing transaction the consumer is dealing direct with the solicitor. In the larger firms where referral fees are often paid to the estate agents for the introduction the consumer is usually dealing with a paralegal.

1.4 The current restrictions encountered by SP’s not being allowed to be on mortgage lenders panels of solicitors.

2. Wills 2.1 This is an area that should be regulated for all as the detriment it causes to the consumer.

2.2 Solicitors offer a premium, regulated and insured service. Consumers have recourse to the Legal Ombudsman should there need to be complaints.

2.3 Unregulated and uninsured will writer firms are being allowed to act in this area.

The consumer has no recourse to the Legal Ombudsman Service or any other similar service should there be a need for complaint.

2.4 Poorly drafted wills by an unregulated and uninsured will writer firm which leads to an expensive inheritance dispute leaves the consumer with no recourse to either insurers or a regulatory body, The Executive Committee would appreciate it if SP members with experience of issues in the above areas would share them with us so as to better inform the reports we are preparing

Local Land Charges The Local Land Charges programme is the most ambitious geospatial data transformation ever attempted by a UK government. By 2025, the programme aims to transfer all local land charges data in England and Wales to the national, online Local Land Charges Register.

When the LLC Register is complete 24 million records will be centralised into a single, standard format for a fixed fee. This will give decision-makers instant, online access to the information simply.

Since the service launched, more than 120,000 free searches and over 36,000 official guaranteed searches have been conducted. To accelerate the pace of service migrations further, HM Land Registry introduced a £26m transition payment scheme. This combined with burden payments covers all the local authority’s migration costs.

Attendances Some of my attendances externally since the last edition of Solo are: 1. SIF Roundtable on 13 January 2022 2. MS Teams meeting – Legal Services Board Consumer Panel – 23 February 2022 3. Lawtech Webinar on 24 February 2022 4. SPG Birmingham Regional & West Midlands meeting - 7 March 2022 5. Lunch with Stephanie Boyce - President of the Law Society – 10 March 2022 6. SPG/SRA quarterly meeting – MS Teams – 22 March 2022 7. MS Teams meetings with those who have expressed interest in sponsoring SPG Joanna Connolly SPG Chair

Specialists in complex financial, national and international disputes on divorce and family matters, including Inheritance Act litigation.

Instant online access anytime, anywhere

Every year over one million homebuyers rely on Local Land Charges (LLC) information to highlight restrictions or obligations affecting land or property. These could include planning consents, tree preservation orders or listed building status.

Currently 300+ local authorities across England and Wales maintain this information.

in these areas. Please contact me initially at joanna@spg.uk.com

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on 01386 555114 or email penny@harmony-house.co.uk for a chat.

Penny Raby.indd 1

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01/11/2021 12:53

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Honorary Secretary’s report Spring 2022 There is not a great deal to add from my report for Winter 2021.

The main feature is that we now have a new Vice-Chair in Dorcas Falode who will be in line to take over as chair from Jo Connolly in the summer of 2023.

She was elected unanimously by the Exec. Committee at their last meeting.

At the moment she holds a brief on the committee for the welfare of practitioners. Jo Connolly has a significant amount to do as Chair and the presence of a vice-chair is always a great support. We are really grateful to her for undertaking this role.

It has been good for the Executive Committee to meet “live” on the last couple of occasions and we are indebted to Lockton’s for providing us with meeting space in London in their offices. The Executive Committee have now moved its meetings to the afternoon to gain the benefit of cheaper travel costs and are now enjoying a meal together in the early evening after the meeting.

We continue to be very fortunate with the administrative help given to us by Anika and Sheila in collating and dealing with emails and enquiries and all the other administrative tasks that go with running an organisation such as ours.

We are also indebted to Lockton’s for the support we get from them as our preferred insurance broker, both personally and financially which provides us with independence and avoids the need for us to ask our members for a subscription, over and above that which is paid for Law Society membership at the moment as part of the practising fee. I hope in your turn you will approach Lockton’s wherever you can for your indemnity needs and as part of our agreement they undertake to give our members the best service.

Finally can I emphasise what is I’m sure being set out elsewhere in this edition to encourage you to come to this year’s conference. Everyone will be there again this year including the Chair of the Legal Services Board and representatives of the SRA and the President of the Law Society. The SIF discussions are likely to be a hot topic. Give us your support by your presence and we will continue to make things happen for your benefit. I look forward to seeing as many of you as possible on the 24th, 25th and 26th of June. Bookings are now open.

The feature of this report is that just before writing it we learned that the SRA had agreed to defer the closure of the Solicitors Indemnity Fund for a further year. This was as result of the 300+ submissions received which I understand is enormous amount. As you know our submission included a couple of professional investigations as to the views of the public and as to the amount of money that may or may not be needed to support the fund in the future I would hope that it will be politically impossible for those discussions to lead to a closure of the Fund, but rather that the SRA will be able to find a way to change their original preferred option of closure, which I think it should be easy for them to do in the light of the numerous representations, not to mention the factual reports presented to them by the SPG. I appreciate many people can say that this delay is a further example of kicking the can down the road but I do feel progress is being made towards an acceptable solution and that it is for the parties involved to achieve this by a more open dialogue rather than the megaphone diplomacy which preceded the SRA consultation paper.

We will continue to be involved in that discussion and I am a member of the SRA virtual reference group which is a stakeholders consultation group. Our own Executive Committee also has a liaison group which meets regularly with the SRA and will also be able to feed into issues on the subject as well as other issues.

We also have close links with the Law Society and as you know, we are very proud to be able to say that the actual President of the Law Society from October for the following year will be our executive committee member and ex-Chair, Lubna Shuja.

Accordingly I hope we will be well placed to finding a mechanism for the continuance of the Fund with the support of the reports that we have obtained, one of which indicated that there should not need to be much of a financial contribution required from the members of the profession.

Clive Sutton, Honorary Secretary.

Elizabeth J. Soilleux MA, MB, BChir, PhD, FRCPath, PGDipMedEd

CONSULTANT PATHOLOGIST

Experienced Cambridge and Oxford-trained consultant pathologist with particular interests in haematopathology (lymphomas, leukaemias), cardiovascular pathology & autopsy pathology.

Expert Witness Certificate (Civil Law), Bond Solon / Cardiff University • Biopsy Pathology (esp Lymphoma & Leukaemia) • Autopsy Pathology (esp Cardiovascular Pathology) • Professional Conduct (GMC work undertaken)

Solicitors Indemnity Fund I’m responsible for dealing with the response to the consultation by the SRA in my capacity as being responsible for professional indemnity issues on behalf of the SPG.

Department of Pathology, Cambridge University / Addenbrookes Hospital, Cambridge Tel: 07798 643879 Email: lizsoilleux@gmail.com www.expertwitnesspathologist.co.uk

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02/11/2015 09:51

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08

Get to know the Exec Team -

Dorcas Wuraola Falode

Dorcas Wuraola Falode, a solicitor of the Supreme Court of England and Wales and Vice Chair & Head of Health & Wellbeing, who contributes to the world’s betterment. Born in Lagos Nigeria, she had her primary and secondary education in Lagos before leaving for the UK to further her education. A graduate of London Guildhall University, she became qualified as a solicitor in 2000. She worked with various law firms and rose to be head of immigration department at Tower Hamlets Law. Being a specialist in immigration law, she set up DF Solicitors in 2008 in the UK and Lagos to allow her to serve the Nigerian community. She has offered pro bono and reduced fee service to Nigerian immigrants who are unable to afford legal service.

She offers free legal updates to local churches regularly with particular interests in cases involving children and the vulnerable.

Dorcas is happily married with kids and maintains a good home and work-life-balance in partnership with her supportive husband who is also interested in issues on child development, protection and motivation.

WHY LAW? The importance of safeguarding people’s lives and liberty has always been within me and I needed to develop an understanding of the Law and vigorous processes in preparing cases which made Law a natural choice for me. I have a strong desire to give people the opportunity for representation and needed to be in a profession where I can support people and be part of the solution.

HOW DO YOU RELAX AFTER A HARD DAY AT WORK? I work long hours and hardly have time to relax. With days filled with client contact, calls and emails. I used to spend the evening trying to answer my emails. Recently, I changed my lifestyle and just taking a few minutes at the end of the day now to sit quietly and reflect has been very therapeutic.

Relaxation is planned away from my normal environment and I take frequent trips.

WHAT IS YOUR FAVOURITE THING ABOUT YOUR CAREER? Doing what I enjoy and getting paid for it. For as long as I can remember, I always wanted to be a Lawyer, as I achieved my goal, I get a great deal of satisfaction from interacting with people and helping them to solve their problems. I talk a lot, some would say too much and my career has given the avenue to express myself and represent the people that need my help.

WHAT IS SOMETHING YOU THINK EVERYONE SHOULD DO AT LEAST ONCE IN THEIR LIVES? Live your life the best way you know how, do not be a slave to money, if you have it, spend it and enjoy. Everyone should enjoy themselves without feeling guilty.

WHAT MOTIVATES YOU? The look on my clients faces when their issues are resolved. The ability to make someone feel better and to effect change in their life positively. When I feel low and I remember the circumstances of my clients, the zeal to make things better for them keeps me going. With my areas of Law, Liberty and security of life is the key and the desire to be part of the solution keeps me going.

WHAT DID YOU WANT TO BE WHEN YOU WERE A CHILD? A Lawyer, my first and only choice. I was already sorting out people’s problems and I couldn’t wait to get the training and do it officially. I had a gift with the ability and confidence to speak to anyone young or old and I needed an avenue where my voice could make a difference. Law is my calling!

WHAT WAS YOUR FIRST JOB? Volunteer receptionist at Greenwich Law centre. Great exposure whilst I was studying at University as I was able to interact with clients, speak to them and write down the problems for the caseworkers. I stayed with the law centre throughout my degree so I was able to follow cases from beginning to end.

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WHO INSPIRES YOU TO BE BETTER? I am inspired by myself. I love who I am and I always strive to be a better version of myself. Kind, loving and understanding of people around me. I set my priorities starting with my needs and the needs of my family. How I feel is more important than the money in my pocket and it makes me happy.

WHAT DO YOU DO WITH YOUR FREE TIME? Travel, travel and travel. I have been to over 33 countries and 60 cities and I still want to travel. I love soaking in other cultures and the sense of adventure, eating different foods and love sightseeing. Health and wellbeing is very important so I take long walks where possible and I try as much as possible to eat healthy foods.

IF YOU COULD LIVE ANYWHERE, WHERE WOULD IT BE? Dominican Republic! The life is chilled and the food is organic. Beautiful blue sea and no sign of stress on the inhabitants.

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Health & Wellbeing Welcome to the spring edition of our wellbeing series. In each edition, we would like to bring you some helpful hints and tips on caring for your health and wellbeing.

Spring is here! The nights are getting lighter, the temperature is getting warmer, the sun is coming out more frequently. The season lifts the mood and gets us ready for summer. After a long winter, we can finally open those windows, open the doors and let the fresh air and sunlight in without getting frostbite! All these factors help to make spring the perfect time to air out our homes, clean out the grime that has built up over the winter and make a fresh, clean start.

Spring clean is a good start to the season, a tradition that has been around since the Victorian times in Britain. At that time, homes were heated and lit with coal and oil which would leave a sooty layer on the windows, walls and furniture throughout the winter months.

In spring, when the weather started to get warmer, women could be found beating the carpets outside to get rid of the dust and grime, windows would be cleaned and the soot wiped and cleaned away in the home. In keeping with the tradition, spring cleaning is a good discipline which helps to clean the house and clear out unwanted items.

Clutter and mess can create stress and anxiety, but by cleaning, organizing, and reducing the clutter, you are able to take control of your environment and create a more relaxing environment that helps you focus better.

It can sometimes be a daunting exercise but you should not let it overwhelm you. To declutter with ease, you can start in one room (maybe your office), with one draw or cupboard and then work your way around the rest of the room slowly.

Remember Rome wasn’t built in a day and your spring clean doesn’t need to be done in a weekend.

5 HEALTH BENEFITS OF SPRING CLEANING 1 Better concentration.

You can improve your productivity and focus by having less mess around. Having an excess of things around you can be distracting and have a negative impact. Tidy that desk, remove old newspapers, open and file your post.

2 Better sleep Seeing the messy wardrobe, draws that don’t quite close, or that pile of washing on the floor when you are lying in bed means you keep thinking about it. This can increase stress levels. But when you clear, clean and tidy you will create a more calming environment for yourself to have quality sleep.

3 Improve your mood Clutter can be irritating and seeing clutter can send a negative visual signal to the brain that things are not where they should be. This can cause misery, resentment, anger and even self-deprecation. Make the bed, straighten the sofa cushions, put the washing up away. This can help reduce those unwanted feelings. Once everything is in order, you instantly feel better.

4 Don’t be a hoarder and let go of the past Declutter and remove anything that you don’t use or doesn’t have a positive impact on your feelings and life. There may be old photos of an ex, novelty gifts from whom you can no longer recall. Hanging on to these things can carry a lot of emotional weight, so start by identifying the items that you feel it might be time to let go of.

Get rid of anything that drags you down or causes you to have a negative emotional response.

Anything that you have not used for 6 months to a year will probably not get used. Start sorting and give what you don’t need to local charity shops, you feel better as you are doing something good for other people. Anything else you don’t need, throw away. You will be glad to have the space.

5 Focus on your goals When clutter accrues it can sometimes be a reminder of the projects you still have to finish or goals you have yet to accomplish. Decide to finish what you have started or accept that your life has taken a difference turn. It is ok to do other things. Not everyone has the ability to finish all projects and not all projects can be completed.

Having a clutter free, organised home and workspace will improve your mood, your focus and allow you to get on and accomplish those goals.

Start by setting achievable goals that can be timed and measured. It is important to be honest with yourself in what you are capable of doing and if you need help archiving a goal, get help and get it done.

You can find printable decluttering check lists on Google.

Why not take some before and after pictures of an area in your home or office and send them to us. We can share them anonymously and maybe inspire others to have a go. Send your pictures to askdorcas@spg.uk.com If you have any topics you would like us to cover in these articles, please feel free to use the above email to send in your suggestions. This is your SPG, take ownership of it and let us know how we can best support you.

Ask Dorcas We would like to offer more support to our members with any health and well being concerns. We have set up a confidential email address where you can send in any questions, voice any concerns you have, seek help with any issues you may be facing.

All emails will be treated in the strictest of confidence and we will do our very best to support you in any way we can. askdorcas@spg.uk.com

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Sole Practitioners Group Executive Committee 2022 JOANNA CONNOLLY Chairwoman Joanna is well known as an expert in the complex field of consumer credit law. She is a Solicitor Advocate and qualified to represent clients in the Higher Courts. Joanna’s experience and passion for helping people is reflected in her exceptionally high success rate. Joanna and her team run a thriving practice dealing with clients from all over the country. Hers is the ‘go-to’ consumer credit defence firm in the UK. Tel: 0330 053 9340 Email: joanna@spg.uk.com Joanna Connolly Solicitors 33 Cheadle Avenue • Liverpool • L13 3AE

CLIVE SUTTON Honorary Secretary Clive specialises in private and commercial litigation and has been a sole practitioner in Lymington in Hampshire since leaving a partnership in 1998.

He is Chairman of his local Amenity Society in Lymington and Trustee of the New Forest Centre Museum in Lyndhurst. In the past he has served as Chairman of the local Citizens Advice Bureau and Churchwarden and in the early 70s as a Resident Magistrate in the Seychelles.

Clive has been an SPG committee member since 2000 and served as Chairman, and then as Hon Secretary and Chair of the Insurance Subcommittee from 2006.

He was on the Law Society Council Membership Committee for 10 years and since 2017 has been the SPG Nominated Law Society Council Member, serving now on the Councils Scrutiny and Performance Committee.

Tel: 01590 672 595 F: 01590 671 466 Email: clive@spg.uk.com Clive Sutton Solicitor, 3 The Old Print Works • 85b High Street Lymington • Hants • SO41 9AN

KEM MASINBO-AMOBI Honorary Treasurer Kem qualified as a solicitor in November 2002 and has extensive commercial experience gained in demanding and challenging environments. Kem has spent time at some of the most prestigious legal firms in Suffolk and Norfolk. A keen gardener, Kem has completed the RHS Level 2 Certificate in Horticulture and other hobbies include reading, travelling and cooking in true “Nigella” fashion.

Tel: 01473 760 046 F: 01473 760 058 Email: kem@spg.uk.com KMA Solicitors, Pishon Gold House • 12 Old Foundry Road Ipswich • Suffolk • IP4 2AS

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LUBNA SHUJA Vice President of The Law Society Lubna qualified as a solicitor in 1992. She is currently the Vice President of the Law Society and is due to become the first Asian President in October 2022. She has been a Law Society Council Member since 2013 representing the interests of sole practitioners. She is also a member of the Law Society Board.

Lubna has been a sole practitioner at Legal Swan Solicitors in Birmingham since 2007 where she specialises in professional discipline and regulation. Lubna works with various regulators as a Chair of a number of Disciplinary/Fitness to Practise/Investigating and Professional Conduct Committees.

She is a Mediator (CEDR accredited) conducting both civil and family mediations. She is a past Chair of the Solicitor Sole Practitioners Group (SPG).

Tel: 0121 551 7866 Email: lubna@spg.uk.com Legal Swan Solicitors 1st Floor • 168 Hamstead Road • Handsworth Birmingham • B20 2QR

SUSHILA ABRAHAM Solicitor Sushila has lived in Surbiton, Surrey for over twenty years. She decided to start her own practice locally because she wanted to offer quality and care to the local community and to be free from the constraints of working in a larger firm. She is married to Matthew a barrister, and her son is also a barrister. Outside work Sushila is ‘Cllr Sushila Abraham’, having been elected as Lib-Dem local councillor in the Borough of Kingston in a byelection in February 2013 and then re-elected in May 2014. Sushila has been President of Surrey Law Society and Law Society Council Member for Surrey. She is also a Board member of the Membership Board at the Law Society and a Trustee of ICLR representing the Law Society.

Sushila is a very community minded person and as Suzie’s Kitchen has run cookery classes for local school children teaching them life skills.

Tel: 020 8390 0044 F: 020 8241 0601 Email: sushila@spg.uk.com S Abraham Solicitors 290a Ewell Road • Surbiton • Surrey • KT6 7AQ

SUKHJIT AHLUWALIA Head of Marketing Sub-Committee Having worked in some of the most prestigious banking and consultancy organisations, Sukhjit opted to provide a more personal, one to one service through his own practice. He has been based in Goodmayes in Ilford since 2003. Sukhjit likes to get involved in charitable activities, working with organisation to assist people from all backgrounds and ages in

reaching moral excellence either in their private or professional lives. His children are still young and take up a great deal of his time but when he does have time for himself, Sukhjit likes to sit, read a good book and watch the world go by.

Tel: 020 8215 0884 Email: sukhjit@spg.uk.com Avery Emerson Gloucester House • 335 Green Lane Ilford • Essex • IG3 9TH

MOSES AJAYI Solicitor Moses was admitted as a Barrister and Solicitor of the Supreme Court of Nigeria in 1987. He has also a qualified solicitor in England and Wales. Moses specialises in Human Rights and Immigration, general civil and criminal matters. Outside work he enjoys sailing and has participated in many sailing events around the world. He also enjoys discovering new places and spending time with his family.

Tel: 020 7733 6506 Email: moses@spg.uk.com Slade & Fletcher Solicitors Highland House • 165 The Broadway Wimbledon • London • SW19 1NE

PENNY RABY Conference Organiser (Previous Chairwoman) Penny has been a SP specialising in family law for 20 years, working with her husband Mike a Forensic Accountant on divorce cases involving business and complex asset and income tracing and Inheritance Act disputes. She won Worcestershire Family Lawyer of the Year award in 2014 and was nominated for the National Family Law Magazine Family Law Firm of the Year for 2015. She has appeared on radio and television and has presented her networking pantomime ‘Snow White and the Seven Small Business People‘ here and abroad.

Tel: 01386 555 114 Email: penny@spg.uk.com Penny Raby & Co Harmony House • 7-9 Church Street Pershore • Worcestershire • WR10 1DT

DAVID BARTON Editor, Solo David qualified as a solicitor in 1982. He became a sole practitioner in 2003. He specialises in solicitors’ professional misconduct and criminal road traffic work. He has rights of audience in the Higher Courts. David is married with 3 grown up children. He is a keen cyclist, golfer, walker, traveller, and reader.

Tel: 07876 711708

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Email: david@spg.uk.com David Barton Solicitor Advocate Ltd Flagstones • High Halden Road • Ashford Kent • TN27 8JG

RAHIL CHAUDHARI Solicitor Rahil Chaudhari is a Senior Solicitor at Arlingsworth Solicitors. Rahil secured an LLM at University College London and trained and worked at some of the most prestigious law firms in the City before joining Arlingsworth in 2005. Rahil is a highly experienced and versatile solicitor and specialises predominantly in immigration, human rights and company law. Rahil has become a leading authority in these areas, his client base spans a wide range of sectors from multinational companies to private individuals.

Tel: 01273 696 962 Email: rahil@spg.uk.com Arlingsworth Solicitors Ltd 145 Islingword Road • Brighton East Sussex • BN2 9SH

DORCAS FALODE Head of Pastoral Health & Wellbeing Dorcas has been a Sole practitioner for over 12 years and has offices in London and Lagos, travelling regularly between them. She specialises in Immigration Law dealing with entry clearance cases, settlement, visitors’ and students’ visa applications. The practice also deals with family and education cases, giving a voice to the weak and defenceless. She recently authored a book called Nigerians Inspire which serves to promote the image of Nigerians against a backdrop of bad publicity caused by a minority and to encourage young people to believe in themselves. She won the Gathering of Africa’s Best (GAB) Award of excellence for contribution to the promotion of positive image of Africa and Africans through motivation. Dorcas is married with four children and outside work is a counsellor, nurse, cook, Taxi driver and tutor to her four young adults. She loves to travel and finds shopping very therapeutic.

Tel: 020 3223 1061 F: 020 3223 1067 Email: dorcas@spg.uk.com DF Solicitors 791 Sidcup Road • London • SE9 3SB

DAVID HINDE Solicitor David is a dispute resolution specialist with over 20 years’ experience dealing with civil and employment law. He trained and qualified in the City of London working at leading law firms before starting his

own niche practice as a sole practitioner based in Covent Garden. Acting for individuals and SME companies he has dealt with a wide-range of cases from judicial review in the European Court of Justice to contract and property disputes in the High Court and County Court.

He is a member of the Employment Lawyers Association and speaks French. He is married with a son and is a school Governor of his local Primary School. He enjoys reading, cycling and the cinema.

Tel: 020 7112 5209 Email: admin@hinde-law.com Hinde Law Ltd 71 - 75 Shelton Street • London • WC2H 9JQ

HAMISH MCNAIR SRA Liaison Lead Hamish is based in Fulham, London. Having initially specialised in copyright and trade mark work, both in the City and New York City, his practice now includes conveyancing, wills trusts and probate, as well as litigation. Married with three children, when Hamish is not at work he enjoys open-air swimming, sailing, overnight bike rides, and has a passion for the theatre.

Tel: 020 7371 7896 / 020 7371 7988 Email: hamish@spg.uk.com McNair & Co EBC House • Ranelagh Gardens London • SW6 3PA

OLUWAKEMI MOSAKU Solicitor Kemi was qualified a barrister and solicitor in Nigeria in 1989 and admitted as a solicitor in England and Wales in 2004. She has a varied work experience which includes working in the immigration department of the Home Office and in private practice. She specialises in Immigration and Human Rights Law. She also undertakes family law work. Outside work Kemi enjoys spending time with her sons.

She also enjoys keeping fit, music, networking, reading biographies and current affairs.

Tel: 01634 780 230 Email: kemi@spg.uk.com Emerald Solicitors The Old Courthouse • 1 The Paddock Chatham • Kent • ME4 4RE

TAHIRA SHAFFI Solicitor Tahira has been qualified for 20 years and started as a sole practitioner in 2010 after being made redundant. Working on your own can be a lonely experience but she has found the SPG to be wonderful source of support and friendship.

It is important for her that there is an independent body outside of the Law Society working hard to look after its members interests.

Tahira is based in Bury, Greater Manchester where she lives with her family. She has many interests outside of the law. Tahira was previously an LEA school governor and has stood as a candidate in the local elections.

She is passionate about civic duty and putting something back into the community.

Tel: 0161 222 6092 Email: tahira@spg.uk.com Mikhael Law 197 Rochdale Road • Bury • Lancs • Bl9 7BB

ZOE TRANTER Solicitor Zoe has worked in various organisations including national and international law firms, a Regional Development Agency, and consultant to a number of Local Authorities on regeneration projects. She has also acted for a number of major institutional pension funds and a number of major household names from the retail sector in connection with the management of their extensive property portfolios. She established Tranter Mills Solicitors 13 years ago as a niche firm reflecting her expertise. Outside of the office Zoe’s interests include hiking, reading as well as baking and gardening. Zoe loves rally driving and can often be found attending the WRC Welsh Rally Stages as a spectator. It is her ambition to attend the Swedish stages of the WRC at some point.

Tel: 0845 544 0499 Email: zoe@trantermills.co.uk Cornwall Buildings 45 Newhall Street • Birmingham West Midlands • B3 3QR

ANDREW OSADEBE Solicitor Andrew was first called to the Nigerian Bar in May 1990 after qualifying. He practiced extensively as a Barrister & Solicitor in Nigeria before relocating to the United Kingdom in 1997.

He has worked at several law firms as a Human right proponent before he qualified as a Solicitor in England and Wales in 2007.

Andrew is highly organized and motivated, and describes his goal as achieving excellent results for clients. He has been a sole practitioner since 2008. He specialises in Conveyancing, Matrimonial and Immigration law. Andrew is a family man with 3 children.

He loves jogging, gardening and listening to music in his spare time.

Tel: 020 7582 55743 Email: andrew@spg.uk.com Zuriel Solicitors 290, Holloway Road London • N7 6NJ

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What is run-off cover?

Run-off is the insurance cover provided under certain policies when your practice ceases, whether voluntarily, as a result of retirement, merger or involuntarily, through insolvency or due to another closure event.

Why is run-off cover required?

Professional indemnity insurance (PII) is provided on a 'claims made' basis – that is, the cover applies at the date the claim is made, not when the error or omission causing the claim occurred. Losses on a PII policy are therefore 'long-tail liabilities', meaning it can often be several years after the work was completed by the time a claim arises.

Solicitors in England and Wales must have PII that complies with minimum terms and conditions (MTC) set by the SRA. MTC wording requires insurers to provide a minimum of six years run-off cover. This ensures that you and your clients continue to benefit from the very comprehensive cover your PII policy offers (up to £2m for a partnership, or £3m for LLPs and other incorporated entities) against any such 'long tail' liabilities. This provides a significant degree of protection for both the public and for partners in law firms, who might otherwise face personal liability for claims that arise after the firm in question has ceased. For claims arising after the six-year run-off cover has expired, the SIF (Solicitors' Indemnity Fund) will cover these for no additional charge.

Following the limitation period, liabilities will possibly fall back to the partners of the prior practice. Although, with recent news that the SRA have agreed to maintain SIF for another year until 1 October 2022, it is unlikely that the SRA will be able to keep extending the proposed closure indefinitely. If and when this does close, then there will no longer be any indemnity provided to firms and their solicitors outside of this period.

How much does run-off cover cost?

Run-off cover incurs a one-off premium. The cost of this will vary from insurer to insurer and is set out in your policy wording as a percentage of the annual premium you have paid. Most insurers charge between 225% and 400% of the preceding year's annual 'primary layer' (the compulsory £2m/£3m) PII premium. The variation in the cost of run-off between insurers is due to

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their own assessment of risk of claims over the six year period, but the likelihood of a claim emerging should naturally diminish as time goes by.

What does run-off cover provide?

• Run-off cover is normally an endorsement added to an existing policy. This typically provides cover on the same terms and conditions and at the same limit of indemnity, as applied in the last policy year before the firm went into run-off • It applies only to your primary layer insurance (normally £2m or £3m). If you need additional cover, you will have to buy excess layer policies each year • Policy excesses usually continue to apply, and the principals of the firm will be liable to pay any applicable excesses on claims made during the run-off period (see below) As a former principle, what are your liabilities for claims within the excess under run-off cover?

The answer is very much dependant on the terms agreed with your insurers within your primary policy wording. Some insurers waive any excess payable during the run-off period, whereas others may impose higher excesses without any cap.

Where an excess is payable, the responsibility for payment depends on the terms agreed with your primary insurer. Under the MTC, all principals, whether they are in a partnership, LLP or limited company, are liable to reimburse the insurer for any excess paid by an insurer on an insured's behalf.

For large law firms it is possible to amend the MTC so that it is only the entity that is liable for payment of the excess, rather than the principals. Lockton has successfully negotiated amendment of “reimbursement of the excess” clauses for many of our larger clients. Please discuss this with your Lockton account executive for further clarification.

Why your choice of insurer is important If your firm closes and goes into run-off, you will be required purchase run-off cover with your existing PII insurer as of that closing date.

The majority of insurers follow the self-insured excess of the last “active” annual policy. This normally means a standard £x-per claim excess, with an aggregate excess of three times £x.

Some insurers have more onerous arrangements, with one particular insurer imposing a trebled standard excess per-claim in run-off, including an uncapped aggregate. A number of underwriters impose the original per-claim excess with the annual aggregate excess of three times. These will generally reinstate each year of the run-off period.

Example case study 1 A firm has wound down due to the partners retiring. They pay their run-off premium and are now enjoying their well-deserved retirement. Five years pass, then they receive a notification of a claim. The former partners manage to dig out details of their policy and send the letter of claim to their broker, who in turn sends it on to the run-off insurer.

Settlement is achieved and the former partner receives a demand from the excess. This is a complete shock to the partner, as the amount should be shared between his old partners, but they no longer have any contact.

How to avoid this scenario Before any dissolution, it is important that the partners agree to each contribute to pay any excess while within the six year run-off period.

Insurers will pursue any principal of the firm for the whole payment. It is for the individuals to ensure that they are reimbursed.

Example case study 2 A firm (ABC Solicitors) has been approached by a larger firm (DEF Solicitors) to merge. One of the conditions of the merger is that ABC must activate run-off, as DEF do not want the uncertainty of an unknown claim emerging and tarnishing the new combined firm's (XYZ Solicitors) claims experience. Both firms agree, and settle into the new firm. A claim is notified under the run-off policy from work undertaken by ABC Solicitors. Again, the liability to pay the excess falls to ABC's principals. Many former principals of ABC are long retired and untraceable, and the

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ones who are traceable do not have the funds to pay their share of the excess. It is therefore the responsibility of the remaining Principals at XYZ Solicitors who were the former principals in ABC Solicitors to fund the whole excess.

How to avoid this scenario Ensure you discuss the small print of your policy with your broker. If you are considering a change of insurer, run-off requirements could be a vital consideration, particularly if there is a merger, sale or closure of the practice on the horizon.

Many firms insured with unrated insurers have subsequently become insolvent, which highlights the importance of choosing the right insurer.

Firms that purchased their run-off cover from the likes of Balva, Berliner and Enterprise are unlikely

to have any claims arising under that cover paid – leaving uncertainty for any former principals about what their future liabilities may be.

It is of paramount importance to be discerning and always consider the effect of run-off on your firm.

Do not put yourself on the back-foot by only dealing with the consequences as and when they occur.

Alternative options to run-off The cost of run-off is such that many firms seek alternative arrangements. If you are a sole practitioner considering retiring, or a principal in a firm that is looking to sell to or merge with another practice, it is important to plan well in advance if you are to avoid incurring a run-off premium. If another firm is prepared to buy

your practice as a going concern, or merge and take on the past liabilities, there is no need to trigger run-off. Doing this does mean that the successor practice's own claims record could be adversely impacted by any future claims arising from work undertaken previously by your practice. They have to be confident that your practice is a 'good risk' before they are likely to agree to becoming a successor practice.

Succession planning, retirement, and mergers are often complex matters that require careful advance consideration. Speak to us now for advice on how best to prepare your practice.

Lee Catling Lockton Solicitors solicitors@lockton.com / 0330 123 3870

Asylum Seekers to be Sent to Rwanda It was announced by the Prime Minister today (14 April 2022) at a speech in Kent that a new plan for immigration is being implemented to help deal with the asylum issues.

that it is only men who will be sent to Rwanda not women or children.

The costs of the trial scheme are reported to be around £120 million.

The new measures announced include giving the Royal Navy operational command of the Channel operations from 15 April 2022 and a new reception centre is planned. Asylum seekers arriving in the UK will be held instead of being placed in hotels.

This move by the Government is seen as being controversial not least because according to the Human Rights Watch report, into the Events of 2019 in Rwanda credible sources confirmed that in both official and unofficial facilities detainees in Rwanda were experiencing arbitrary detention, ill-treatment, and torture.

The government has contracted with the Rwandan government to operate a trial scheme whereby asylum seekers who arrive illegally including crossing the Channel are to be flown some 4,000 miles to Rwanda while they are waiting for their claims for asylum to be assessed. It is understood

The Nationality and Borders Bill, which will enable the Government to send asylum seekers to be processed abroad, is in the final stages having been returned from the House of Lords back to the House of Commons for the Lord’s amendments to be further considered.

Have you ever attended one of our Regional Meetings?

Would you like to attend one?

Since the last edition of SOLO, South London held an in person meeting at Miller & Carter in Bromley chaired by Mrs Adjoa Djan-Krofa of Pishon Gold Solicitors. Here are some of the key points noted from that meeting:

• Follow your fellow members on social media • Members find the meetings supportive and wish to continue bi-monthly in person meetings.

• SPG/Law Society assistance with panel work for conveyancers (or the lack thereof) • Some members are still not receiving emails or communication from the SPG. To re-register on the website.

• Visitors and other professionals to visit or speak at our meetings.

Speaker arranged for our next meeting.

• The SPG national conference is on 24-26th June and members encouraged to attend. Details to follow from the admin team.

The next South London meeting is taking place in person on 26th May, visit our website for more info.

Birmingham & West Midlands also held a meeting on 7th March, this was via zoom and was attended by our Chair; Joanna Connolly, Vice Chair; Dorcas Falode, Vice President of the Law Society; Lubna Shuja along with Danny Seaman from Lockton Insurance.

The next Birmingham & West Midlands meeting is schedule for 6th June 2022.

Sometimes being a Sole Practitioner can be a little bit of a lonely place. Regional Meetings are a great way to network, meet other SP’s and catch up with SP’s you already know.

It’s a great way to find out what out what the SPG Executive Team are up to, voice any issue you are having that we can support you with and interact with other SP’s.

If you would like to attend a meeting for your region please visit our website and become a member for free.

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The Pandemic Effect: The Outsourced Transcription Provider as a Resource The pandemic, and its subsequent lockdown, hit many law firms hard. As a result, this has made firms reevaluate business continuity planning, and to look at what efficiencies can be made to improve the bottom line.

As a sole practitioner it is even harder: not only do you have to provide great service to your clients; you also need to spend time nurturing your business, to make it thrive and grow.

An Immediate Fix One aspect that has been in deliberation for many years is fee earners typing their own documents and emails. Consider the following: Did you know that a Grade A Solicitor (at £409 per hour) who spends two hours typing their own documents/emails could lose their firm (after the deduction of transcription costs) up to £570.30 in chargeable time? Similarly, a Grade D Solicitor (at £138 per hour) could lose their firm up to £163.80.* Dictation versus Typing The simple fact is we can all speak considerably

faster than we can type: “The average person types between 38 and 40 words per minute” i; and a “good rate of speech [for dictation purposes] ranges between 140 -160 words per minute” ii.

business continuity solution to enable law firms to access typing support that expands (or contracts) with your firm’s specific needs on a pay-as-you-go basis.

These statistics show that simply dictating a document/email, is approximately four times more cost effective than typing. Add to this formatting and editing, this cost saving could stretch further.

Testing the Theory Some of the more established transcription companies have smartphone apps that allow you to dictate direct from your mobile phone allowing you to trial without purchasing any equipment.

Taking typing out of the mix allows practices more time to concentrate on increasing chargeable hours, whilst leaving more time to deal with WIP, release valuable lock up, social media or marketing.

Why not take five minutes of your time to investigate? *Based upon court approved rates for London.

Typing costs deducted using OutSec’s standard rate.

You will find that outsourcing your typing needs are considerably cheaper than direct employment (i.e. salaries, NI contributions, leave, unproductive time, sickness absence etc.). Outsourced transcription also enables fee earners to work remotely and dictate on the go, without the need for specialist equipment or software licenses. They also provide a great

Citations: https://www.livechatinc.com/typing-speedtest/#/ ii https://clearly-speaking.com/what-is-the-idealrate-of-speech/ i

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WHY USE OUTSEC? OutSec is the perfect solution for sole practitioners who need typing assistance on a pay-as-you-go basis as it provides a cheaper alternative to employment and to: ✔ Allow fee earners to concentrate on chargeable hours rather than typing emails, file attendance notes, amending documents and frees time to release valuable lock up. ✔ Enable fee earners to dictate from home, from the office or on the go, by using the free OutSec app for iOS and Android.

✔ Provide a business continuity solution, enabling firms access to typing support in times of absence and for upscaling support at times of high workloads, thereby reducing delays to clients. ✔ Solving typing recruitment headaches by eliminating the need for cover during illness and other absences. ✔ Provide cover 24/7, copy typing, formatting services, can transcribe meetings/ conferences, podcasts, webinars and video calls (Teams/Zoom/Skype).

ABOUT OUTSEC OutSec have been providing transcription services to the legal profession since 2002. At OutSec we take data security and confidentiality very seriously, which is why we employ bank level security and are ISO27001 and Cyber Essentials certified.

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Managing an orderly and compliant law firm closure When a law practice decides to close their doors, there are many things that must be considered to ensure the firm closes in an orderly manner, avoiding any compliance issues and ensuring clients are well looked after when the firm ceases to practise.

Michelle Garlick from Weightmans Solicitors has provided some guidance below on closing a law firm or exiting a legal market, ensuring all compliance issues are avoided.

CARET-RIGHT Plan well in advance – Think carefully about what you want to achieve? Do you just want to close your business or are you looking for a buyer? It is important that you identify and engage expert advisors as early as possible.

CARET-RIGHT Prepare your firm for buyers – Don’t lose out by giving buyers an opportunity to reduce the value of your firm because of skeletons, urgency or distress etc. Organising your firm before a sale is very important.

CARET-RIGHT Engage with the SRA – It is important to inform the SRA of your plans to close your law

firm. Guidance on closing a law firm can be found on the SRA website.

CARET-RIGHT Successor Practice issues – There has been much discussion in recent years over the difficulties of finding a successor practice prepared to take on the potential risks of future claims against the closing firm. Insurers of a potential buyer will often prefer the firm being acquired to purchase run off cover, but this comes at a significant cost to the closing firm, with post six year run-off cover being a further risk for individual partners of closed firms if the SIF is to close.

CARET-RIGHT Consent and data protection/confidentiality requirements – Understandably, a buyer will want to understand the nature of the client base, work types, financial and staff information etc; yet the closing firm has very clear obligations to maintain client confidentiality under the rules contained in the SRA Standards and Regulations and the Data Protection Act. Both parties need to carefully manage this process, including carrying out a Data Protection Impact Assessment,

redacting personal data and ensuring that client engagement terms and privacy notices sufficiently cover such situations.

CARET-RIGHT Inform your clients – You should provide all current clients with as much notice as possible when planning the closure of your firm so that they can understand their rights and make informed decisions The R&R Solutions model can be used to assist closing law firms in the orderly run off of files, ensuring all compliance issues are avoided and client files are well looked after. It can also help to avoid any successor practice issues and post six year run-off cover issues that may arise.

If you would like to find out more about R&R Solution’s process, feel free to get in touch on a confidential basis direct via email david.johnstone@r-rsolutions.co.uk, telephone 07887796989, or contact Sally Dunscombe at sally.dunscombe@r-rsolutions.co.uk or 07774 205 870

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Report from SPG Law Society Council Member – Lubna Shuja The most recent Law Society Council meeting took place on 30 March 2022. Below is a summary of some of the issues we discussed, and which are currently relevant to our profession. Copies of the reports to Council from the Law Society’s CEO can be found on the SPG website at www.spg.uk.com.

meetings with the Ministry of Justice (MoJ) officials and ministers, the MoJ has confirmed that the total value of the package of measures for solicitors amounts to only 9% and not the quoted 15%. There is no commitment as to the scale of additional funding after the proposed restructuring of the Crown Court fee schemes.

Criminal Legal Aid The Law Society has warned that the British justice is at risk after UK government assurances that their proposals on criminal legal aid funding matched the findings of an independent review turned out to be spin.

Sir Christopher Bellamy made clear in the Independent Review of Criminal Legal Aid that an immediate 15% injection of funding was the bare minimum needed to keep the beleaguered criminal justice system functioning and ensure access to justice for victims and defendants.

Government rhetoric suggested they had understood the seriousness of the crisis, but detailed examination of the consultation revealed that the proposals fall substantially short of what they first appeared to be.

On Tuesday 22 March 2022 Justice Secretary Dominic Raab claimed to the House of Commons that he had “matched the Bellamy recommendations on the quantum of investment and on the… uplift for fees”. However, it is now clear that, for solicitors, the reality is different.

Because of this, the Law Society can no longer support the government’s proposals.

After detailed analysis of the documents and

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The crisis in our criminal justice system has seen the backlogs in the courts spiral to unprecedented levels, leaving victims, witnesses and defendants waiting years for justice.

Without necessary investment, at least on the scale Sir Christopher has said is urgently needed, the backlogs will continue, and it is likely that in five years’ time, we will no longer have a criminal justice system worthy of the name.

The government response sends a clear message that the Ministry of Justice is simply not serious about tackling that crisis. While of course the proposed investment in police station and magistrates court work is much needed, the overall package is woefully short of the minimum identified as necessary to keep the network of criminal defence services functioning. It is no good just part of the system being economically viable if the whole system is not.

The number of criminal legal aid firms has almost halved in the last 15 years, and Law Society research shows that duty solicitors are ageing and increasingly scarce in some parts of the country. In a growing number of counties, there are no duty lawyers under 35 years of age doing this work – the criminal defence lawyer is becoming extinct before our eyes.

When considering whether to take up new criminal legal aid contracts, members will need to think long and hard as to whether they believe there is now any prospect of a viable economic future in criminal legal aid.

It is in the public interest, as a starting point,

that the government meets the bare minimum required to keep the wheels of justice moving and delivers a new package on criminal legal aid.

You may have read that barristers voted to institute a “no returns policy”. The Law Society has provided guidance on the position of criminal defence solicitors on the situation which can be found on the Law Society website.

Ukraine Following the outbreak of hostilities in February, the Law Society issued a statement condemning the invasion and offering support to the people of Ukraine. At the same time the Law Society contacted two organisations representing Ukrainian lawyers, the Ukrainian National Bar Association and the Ukrainian Bar Association to offer support. The Law Society is in contact with a number of pro bono initiatives being set up by members, and is also signposting interested members to these through its website.

Defending the Reputation of the Profession – Accusations against Law Firms and Solicitors There has been significant media and political attention, and negative coverage, directed at the profession with some solicitors and law firms named publicly. The Law Society has been clear that the right to legal representation is a sacrosanct principle of the rule of law. The Law Society approached the law firms particularly affected by the negative publicity to offer support. This was well-received. The Law Society has also been working with 21 UK law firms which previously had offices in Russia.

There are now none and most of those who have left cited incompatibility between the Russian government’s actions and their firms’ values as the reason for leaving.

UK Sanctions Regime and other Government Actions The Law Society offered to assist the UK government in designing and implementing a

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tight and enforceable sanctions regime. The Law Society also worked quickly to ensure that members were kept informed and regularly updated guidance is available on the Law Society website. The Law Society is continuing to engage with all the relevant government agencies involved in the sanctions regime and its ongoing development.

Support for Firms with offices in Ukraine and Russia There were three firms with offices in Ukraine all of whom have closed their offices with support from the Law Society. They have also taken steps to support their colleagues, including offering relocation to a safe country as well as maintaining contact with staff still in Ukraine.

Wales The Law Society Wales office is providing the secretariat to the newly formed Law Council of Wales and the Law Society’s head of Wales, Jonathan Davies, has become General Secretary to the Council. Lord David Lloyd-Jones has been voted in as the inaugural President.

Council was addressed by Mick Antoniw MS, Counsel General for Wales, who emphasised the evolving nature of Welsh devolution and the increasing development of a separate law jurisdiction. Council also heard from the chair and vice-chair of the Law Society’s Wales Committee confirming that the Law Society is actively reviewing how it can most effectively respond to these emerging developments.

International Further resources are becoming available for solicitors travelling on business to Europe as the EU Commission has agreed to expand its online portal and the Law Society is updating its own guidance. The Commission has told the UK government that it is working to publish countryspecific information on business visits to the EU under the “International service provider” section of its Immigration Portal, details of which can be found at https://ec.europa.eu/immigration/ index_en. A section is available for each member state by clicking on the interactive map.

This follows the UK government raising with the Commission (at the Law Society’s request) the importance of complying with the transparency commitments under the EUUK Trade and Cooperation Agreement (TCA).

Article 145 of the TCA commits the UK and EU to “make publicly available information on

relevant measures that pertain to the entry and temporary stay of natural persons of the other Party”, including documentation required and conditions to be met.

Member States, including Belgium, France, Spain and Austria, have published information in line with Article 145, and the Law Society will continue to monitor the page to ensure the others follow suit. Meanwhile, the Law Society is also working to expand country specific information for business visits to Belgium, France and Germany following a meeting held on 15 March 2022 with immigration experts.

Cybersecurity A new questionnaire designed to help law firms better assess the cybersecurity arrangements of the Chambers whose barristers they instruct was launched by the Law Society on 25 March 2022. The standardised form has been devised by a joint Law Society of England and Wales and Bar Council working group, representing barristers, leading law firms and IT professionals working in Chambers.

Law firms and Chambers are potential targets for the ever-growing threat from cyber criminals.

Because the Law Society has developed this questionnaire in partnership with the Bar Council, solicitors can be confident that the Chambers they instruct should feel comfortable completing it.

No one tool can offer complete protection against cyber threats so firms will need to continue to take other precautions, but the development of the questionnaire is to help reassure clients that their data is being kept as securely as possible, and to make it easier for solicitors and barristers to defend themselves against cyber-attacks. The questionnaire and further details can be found at www.lawsociety. org.uk/topics/cybersecurity/informationsecurity-questionnaire.

IF THERE’S ONE THING I NEED YOU TO DO PLEASE …

Practising Certificate Fee Consultation and The Law Society’s New Corporate Strategy The Law Society has launched a consultation to help shape the direction it takes over the next three years. The Law Society represents,

supports and protects the interests of over 200,000 solicitors as well as promoting access to justice and upholding the rule of law nationally and internationally. The fees paid by individual solicitors, or by their employers on their behalf, are the main source of income for the Law Society and will determine what can be achieved on behalf of the profession.

I am due to become President of the Law Society in October 2022 and will be launching the Law Society’s Corporate Strategy over the next 3 years. I would really like to hear the views of SPG members about the Law Society’s vision, objectives and what you would like to see us doing over the coming years. It is important that the Society has sufficient funding to make sure it is able to carry out the work that needs to be done.

Please make your views heard by completing a short survey by 27 May 2022. It will only take 5-10 mins and can be found on the Law Society website at www.lawsociety.org.uk/membership/ practising-fee-certificate. The Law Society supported members during the pandemic and it now needs members to support it to be able to deliver for them over the next 3 years.

Please do have a look at the Law Society website for further information about the work of the Society and events (many of which are free).

Please also register on ‘My Law Society’ on the website if you have not already done so. This will allow you to vote in elections and receive updates on matters of interest to you. It will also enable you to access ‘Law Society Connect’ which is a popular online secure private portal for sole practitioners and small firms to chat, network and support each other. Please also follow me on LinkedIn and Twitter (@lubnashuja) to keep up to date with Law Society work. If you would like any further information on Law Society activities, or wish to discuss any issues affecting sole practitioners, or indeed, if you would like me to raise any matters with the Law Society, please do not hesitate to contact me on Lubna.shuja@lawsociety.org.uk or on 07980 725626.

Lubna Shuja Vice-President of the Law Society of England and Wales SPG Law Society Council Member Member of the Law Society Board 8 April 2022

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020

25th Annual Conference 2022

We have an itinerary packed full of exciting speakers, relevant sponsors and practical sessions to help you Grow your Business.

As always, the Chair of SPG will kick start the conference, Joanna Connolly will say a few words and officially open the event.

We are delighted that I. Stephanie Boyce, President of The Law Society and winner of the British Diversity Awards as an Inspirational Role Model, will be our keynote speaker.

Marketing and strategy tips to target your best clientele - and deciding who they are. Dr Richard Fallon the Marketing Engineer will deliver a session which will be fun and informative.

The Alpha and Omega of Sole Practice - Starting and Ending your practice - a practical guide with precedents including tips on crisis planning.

Legal Practice Session which includes important professional updates from:

There will a number of Specialist Practice Sessions to attend in areas that are of interest you.

Jane Malcom - SRA - Executive Director, External and Corporate Affairs

Helen Gregory, a partner with Milsted Langdon, and a specialist Forensic Accountant will deliver a session on discovery of complex financial transactions including cybercurrencies in litigation proceedings.

Robert Bourns - The Law Society - Chair of the Board Stephen Gowland - Legal Services Board Jason Chapman - Legal Ombudsman Ombudsman Brian Boehmer - Locktons - Partner Following those speakers a panel discussion will take place and an opportunity for SP’s to ask all those awkward questions which cause problems in practice.

A practical session on managing your practice for profit and positive cashflow from Jamie Skelding - Director at Prime Chartered Accountants. Specialising in developing customised management information systems and interpreting data to drive efficiency and profitability for SME’s.

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Graham Sellers of Atlantic Chambers will be heading up a session on pitfalls for the unwary in conveyancing including unexpected conflict issues and money laundering avoidance.

Ashley Wynne, Senior Counsel from No 5 Chambers Birmingham and a specialist in family finance and contentious probate cases, will be heading up the session on probate issues which lead to litigation, including dealing with unregulated and uninsured providers.

Victoria Roberts of 18 St Johns Street Chambers will be delivering a session on consumer law in practice - advising clients and avoiding problems.

On Friday we start the weekend with a BBQ on the lawn light entertainment, live music and your opportunity to start that essential networking!

Our famous Gala Dinner which has a Hollywood theme this year takes place on Saturday evening with a champagne reception, amazing food, live entertainment throughout the evening with the option to dance the night away with a DJ. Option to come as your favourite film star!

There are lots of activities to keep you and your guests entertained at the hotel.

And all of this is set in the luxurious venue of Carden Park Spa & Hotel which alone offers a tranquil, peaceful setting allowing you to unwind, be present, learn and relax.

BOOK EARLY TO AVOID DISAPPOINTMENT. FOR MORE INFORMATION AND TO BOOK YOUR TICKET VISIT OUR EVENTS PAGE ON OUR WEBSITE

www.spg.uk.com/events All of this would not be possible without the generosity of some of our sponsors:

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Speakers Stephanie Boyce, President, The Law Society of England & Wales Stephanie was admitted as a solicitor in 2002 and has a wealth of experience in corporate governance, regulatory frameworks, and professional regulation. She holds a Master of Laws in public law and global governance from King’s College and is a Fellow of the Chartered Governance Institute.

information with a view to appraising and improving business performance, helping clients to achieve their goals.

With over 40 years in practice as a Solicitor, he believes strongly in and advocates the power of a truly diverse and inclusive Profession.

Jane Malcolm, Executive Director, External and Corporate Affairs Jane is Executive Director, External and Corporate Affairs at the SRA. Prior to joining the SRA in 2014, she has led UK and European policy development at the Federation of Small Businesses.

Robert was appointed a Deputy Lord Lieutenant to the County of Bristol in 2014 and Vice Lord Lieutenant in 2019.

In 2020 Stephanie was voted on to the Governance Hot 100 - Board Influencer and made the Power List 100 Most Influential Black People in the UK in 2021.

Jane is a Council member of the General Teaching Council of Scotland, sits on the Scottish Public Pensions Agency Management Advisory Board and is a fellow of the Society of Antiquaries of Scotland.

Stephen Gowland, Legal Services Board Stephen Gowland was the 50th national President of CILEx and the first who qualified as a solicitor, he ran his own successful high street firm for twelve years before moving on to other opportunities.

Stephen now works in-house and sits as a police misconduct judge for twenty -two police forces across England and Wales. He also sits on the joint audit committee for the police force and police and crime commissioner in Durham.

Helen Gregory, Forensic Accountant Helen is a Chartered Accountant and member of The Academy of Experts, she has specialised in forensic accountancy for almost 25 years, acting as an expert for the last 15 years.

Helen’s specialisms include fraud and asset tracing, business valuation and quantification of business losses. Helen is also secretary to the Network of Independent Forensic Accountants and treasurer of the South West Fraud Forum.

Dr Richard Fallon, The marketing Engineer Dr. Richard Fallon has a Ph.D. in Electronic Engineering, with his work appearing on Tomorrow’s World in 1999. He then worked as a Business Analyst before setting up his own consultancy in 2004.

Richard’s passion is helping smaller firms to achieve the growth they want by developing their marketing strategy, showing them how to best market and present their business.

Jamie Skelding, Prime Accountants As finance director, Jamie manages all things money at Prime! and leads the internal IT strategy for the firm.

For over twenty years he has managed a varied portfolio of clients, providing all round business advice, to small and large businesses alike. This involves designing, preparing, and analysing management

Jason Chapman, Legal Ombudsman Jason is an experienced Commercial Manager, having worked negotiating and managing high value contracts for over 10 years in a number of sectors, including consumer finance, leasing, travel and facilities management. During this time, he also gained considerable experience managing regulatory and compliance functions.

Victoria Roberts, 18 St. John Street Chambers Victoria joined Chambers in February 2020 as a member of the Business and Property team, with expertise in Chancery and Commercial matters, and Insolvency. She appears regularly in the Chancery Division of the High Court.

Victoria has extensive experience in mis-selling cases with a particular leaning to consumer loans and car finance up to High Court level and Victoria also undertakes Equine cases including cases relating to the sale of horses.

Jason has a wealth of experience at the Legal Ombudsman, joining as an Investigator in 2010 and was appointed as an Ombudsman in 2013.

Charlene Gisele Bourliout, Primal Health Coach Charlene went to Cambridge University and then to a top Law School and finally her dream job as a Litigator at a top international law firm, and she thought being a lawyer was her dream job, but the reality was that her health deteriorated to the point where she burnt out.

Things had to change!

Shaun Jardine, Big Yellow Penguin Shaun is unashamedly and unapologetically a disruptor, a solicitor, and former law firm CEO of a top 250 law firm, he has a unique insight into what makes law firms tick.

Now a certified Coach-Consultant, specialising in burnout prevention and sustainable highperformance. She is committed to helping individuals and businesses maximise their sustainable potential by optimising wellness, building resilience and optimise performance.

Shaun founded Big Yellow Penguin (BYP) in 2021 with the aim of encouraging and helping lawyers and law firms to move on from the 20th century and adopt practices that will make their futures more secure, both financially and operationally.

Brian Boehmer, Partner, Lockton Insurance Brian is a Partner at Lockton specialising in Professional Indemnity Insurance for all professions, particularly for Solicitors, IFA's, Insurance Brokers, and Surveyors.

In addition to managing a portfolio of clients, he has a leading role in negotiations with insurers.

Brian has a wealth of experience in structuring and administrating group insurance solutions most recently for the Quality Solicitors group.

Graham Sellers, LLB (Hons), LLM (Cantab), Barrister Graham Sellers was called to the Bar by The Honourable Society of the Middle Temple in 1990, completing pupillage in London Chambers, before moving to the North-West in late 1991.

Graham has had a diverse Chancery/Property/ Insolvency practice and over the last few years he has been consistently listed as a Leading (Band 1) Junior by Legal 500. He is a member of Atlantic Chambers based in Liverpool.

Robert Bourns - Chair of the Board of The Law Society of England & Wales Robert is currently Chair of the Board of The Law Society of England & Wales.

Ashley Wynne, Barrister, No 5 Chambers Ashley is a specialist in financial remedy applications and associated areas including provision for children under Schedule 1 of the Children Act and financial disputes between cohabitees under the Trusts of Land and Appointment of Trustees Act. He has extensive experience of high value cases in all the above areas at all levels, up to and including the Court of Appeal and is consistently ranked in the top band as a leading junior in both Chambers and Partners and the Legal 500.

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Carden Park

SPG Vice Chair; Dorcas Falode visited our 25th Annual Conference Venue; Carden Park Spa Hotel and gives her account of venue ahead of this years conference which is focusing on Business Growth.

A great place to visit, fabulous conference facilities, beautiful rooms and plenty of amenities designed to help you enjoy your stay. From the huge open parks to the speciality spas, gym, steam room, Jacuzzi and swimming pool, you won’t want to go home after your weekend away.

Carden Park, you start to get a feeling of calm as the open spaces were serene and things just moved at a slower pace. There was no traffic yet there was a contentment in people who went about their business slowly without the rushing feeling associated with cities.

I recently visited Carden Park and was pleasantly surprised by the location and available facilities.

Travelling from London was a little daunting as we drove down, worried about traffic on a Friday morning. Astonishingly, the traffic was not bad and we arrived there in just over 4 hours. One thing that struck me driving down and anticipating the stress of the motorway was how claiming the scenery was. The journey was enjoyable as we left early and stopped for breakfast halfway into the journey. After a refreshing breakfast and worried about the start of the programme at Carden Park, we decided to crack on. About 45 minutes before arrival into

The last few miles had the effect of de-stressing you. Lots of open spaces, animals grazing and no sound of car horns or speeding. There was a general ease and calmness. We arrived on time for our program and was met with champagne and afternoon tea. The tea room was absolutely beautiful and the afternoon tea was divine. With guest from all over England and Wales, there was a mix of people and it was a great networking opportunity. Checked into our rooms after afternoon tea and we took a tour of the hotel.

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The rooms were well decorated and looked very comfortable and homely, the conference centre was well presented, spacious and well lit. The corridors were inviting and seemed a nice place to get together with colleagues and exchange ideas or get updates on the profession. The attendees were given two hours break to relax and explore the venue on their own. My husband and I tried the steam room, sauna and the swimming pool. I must confess, two hours was not enough as the whole environment was designed to make you want to rest and enjoy yourself.

After the relaxing break, we met up for dinner. The restaurant was lovely and the food very tasty. We had our own butler serving each table which felt special. Lovely experience with good company and it was hard to part company after dinner.

The morning after was full of mental and physical activities to challenge the brain and get the blood pumping. After a delightful breakfast, we put on our walking shoes and embarked on the activities. Carden park has ex-army officers trained in team building activities. The activities were fun and enjoyable. They even convinced us to jump into a giant bouncy castle.

We rounded off the visit by driving 5 minutes down the road into Wales. From the Hotel, there is a zoo about 30 minutes away. And lots of other interesting attractions in the local area. Carden Park is a good location which would be enjoyable by delegates and their family.

A vast majority of the 4.4million active companies registered with Companies House in 2020/21 are small or micro-businesses. Although quick and easy to incorporate a new company, meeting its statutory obligations is a significant responsibility for business owners.

Failing to comply with these obligations has serious consequences. Companies are struck-off.

Directors receive fines and penalties, or worse, directors can get disqualified for up to 15 years.

Minimise compliance risks and the associated administrative burdens by outsourcing your company’s secretarial requirements.

With the government looking to reform and enhance Companies House, increasing the transparency of UK Corporate entities will have a significant impact on how companies get administered in the UK. Experienced Chartered Secretary, Ian Saunders, works closely with legal professionals delivering tailored guidance and advice across all company law matters.

+ Incorporation of specialist, complex UK company

structures or subsidiaries + Registered office and appointed Company Secretary services + Changing Company names or performing group restructuring + Allotment, reorganization, or transfer of share capital + Articles of associations – reviewing existing articles and amending to reflect current law + AGMs, including preparation of documents and attendance to general meetings and advice relating to timescales + Dormant accounts + Company Searches + Review existing registers ahead of a company sale + White paper services

If you or your clients require guidance through the complexity of company secretarial matters, please contact Ian Saunders at ian.saunders@wildercoe.co.uk or 0207 616 8852.

Wilder Coe, Chartered Accountants 1st Floor, Sackville House, 143-149 Fenchurch Street, London, EC3M 6BL

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The 6 R’s of Sustainability Travel - What can you do?

• Reduce the need to travel and restrict it to necessary trips only • Promote the use of travel alternatives such as e-mail or video/phone conferencing Maintenance and cleaning - What can you do?

• Ensure any cleaning materials used are as environmentally friendly as possible • Ensure any materials used in office maintenance and refurbishments are as environmentally friendly as possible • Only use licensed and appropriate organisations to dispose of waste Office kitchen - What can you do?

• Avoid plastic cups and other disposable cutlery • If you have a coffee machine, use environmentally friendly coffee pods • Replace the kettle with an instant hot water tap All businesses have a responsibility to the environment beyond the legal and regulatory requirements and each business has its own particularities, so the steps one company takes won’t necessarily be the same as the steps others may take.

It doesn’t have to be complicated and time consuming and there are several simple ways for small businesses to reduce their impact on the environment and we should all aim to incorporate environmental factors into our business decisions.

Within the waste hierarchy, there are six agreed-upon principles of sustainability and an easy way to begin is by using the 6 R’s:

The above is not exhaustive but hopefully provides enough information, as a starting point for you to begin reducing the impact your business has on the environment. As we know, going 100% zero-waste is not physically possible, because there will always be something that can’t be recycled, but our objective should be to generate the least amount of waste as possible and the 6 Rs are an excellent tool to achieve this!

Sheila Mann Admin Support

• RETHINK - Be mindful of what you buy. Ask yourself if you really need something

• REFUSE - Don’t buy something you don’t need. Refuse to buy products that cannot be recycled or reused

• REDUCE - Cut down on the number of products and services you use • RE-USE - Take a product / item and repurpose it for a different item • REPAIR - Fix, don’t replace your products • RECYCLE - Recycle what you cannot reduce, re-use or repair.

Start small, have a look around your office and consider the following: Culture - What can you do?

• Set the standard and involve staff for greater commitment and improved performance • Provide staff with relevant environmental information/training • Continually find ways to improve and reduce environmental impacts • Incorporate environmental factors into business decisions Energy and water – What can you do?

• Reduce the amount of energy used as much as possible • Switch off lights and electrical equipment when not in use • Adjust heating with energy consumption in mind • Take energy consumption and efficiency of new products into account when purchasing them • Use energy efficient light bulbs or LED lights Paper - What can you do?

• Go paperless or minimise the use of paper in the office • Choose to buy recycled and recyclable paper products • Reuse and recycle all paper where possible Office supplies – What can you do?

• Choose green company suppliers • Consider how any new products you intend to purchase will impact on the environment • Choose to purchase environmentally friendly and efficient products wherever possible • Reuse and recycle everything you can

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Norfolk Law - Advertorial - 23

Home Care in the UK

Angela Gifford Home Care in the UK – will talk of a career path encourage more people to work in the Care Sector? A point of view from a Home Care Provider since 1980 One definition of a career path is: a sequence or series of job positions which lead on to short term or long-term professional goals.

Career path sounds attractive, but in the home care sector, the vast number of people working in this area of care support are care workers who daily turn up at an individual’s front door to provide care support from a 15-minute visit to covering 24/7. The real engine of any care system.

There is little scope for a career path in the care sector. There are approx.

950,000 care workers in England so very few are going to make senior professional positions. Some may go

onto other related professions such as nursing, but they are a tiny minority.

It is my view therefore that trying to encourage people into this sector can only come from one direction and that is having levels of care that have related, skill set, renumeration.

1 There should be domestic task care workers, offering support that enables people to stay in their own home such as shopping, cleaning, making meals, laundry, being outside the door when someone has a shower, etc.

Few would recognise this as a career path, but such a system would enable a care worker to choose to remain at the support level they feel happier with or to progress to the next stages knowing the difference in skills needed would be compensated with a higher wage.

Daily the number of care workers is reducing. The sector needs a major shakeup and now is the time to do it.

Angela Gifford Owner of Able Community Care Ltd. www.ablecommunitycare.com

2 A second level would provide assistance with personal care, helping to shower a person, supporting continence needs, mobility support, medication assistance, helping to feed a person, etc.

3 The third level is for more complex care, the level before the support needs to become a nursing or mental health nursing need.

www.nnls.org spg.uk.com

026

Is Fear Slowing Down Growth in Your Legal Practice?

Business growth goals are a funny thing.

We know we should set goals for our law firm or legal practice. You've probably heard about studies that show if we set a specific goal and write it down we're much more likely to achieve it.

But when we think about setting a specific goal, that’s often when the nagging thoughts creep in.

‘‘

MAKE THE DECISION TO LET GO OF YOUR FEAR OF FAILURE, AND AIM HIGH

income to conveyancing and £150,000 fee income to private client” rather than just “add £200,000 overall”).

2. Your target date for achieving this goal.

3. Any help or support (internal or external) that would increase the likelihood of achieving this goal by the target date.

4. The first step you’ll take towards this goal and the deadline for that step.

With this in mind, take action now by writing down your specific growth goal for the next 6-12 months. Use specific numbers, for example “increase fee income from £300,000 to £350,000”.

Even a long journey starts with just a single step.

But for that first step to be in the right direction, you must first decide on the destination you want to reach. So your first step must actually be to set the goal (destination) you want to achieve.

"What if I set a specific goal and don't achieve it?"

"Isn't it better just to try to generally 'get more clients' or 'increase profits' and see what happens?"

These nagging thoughts are based on fear.

Fear is not a topic we like to talk about very often. But the fear of failing (by not achieving a goal we’ve set) is a major reason why many of us don't set goals in the first place.

At the end of one of my recent growth workshops for lawyers, one of the attendees said how much they'd appreciated a video I’d shared about why we should embrace failure, not fear it.

The video featured Michael Jordan (the superstar basketball player) discussing how his many, many 'failures' enabled him to succeed. (If you search “Michael Jordan Fear of Failure” on YouTube you’ll be able to watch it for yourself).

Now cross it out and write down what that goal would be if you truly embraced the idea of failure rather than fearing it. (Maybe now your goal is to increase to £500,000.)

By writing down your real goal, you've just taken the first step towards achieving it.

You can make your growth goal more specific – and make it easier to plan out the steps to achieving it – by adding the following criteria to the goal you’ve just written down: 1. Which practice areas or work types does this goal apply to, and what’s your specific goal in each area (for example, “add £50,000 fee

If you want to discover the true growth potential of your firm (so you can set significant yet achievable goals) then my online workshop ‘Profitable Practice Growth Secrets For Small Law Firms’ will help you do just that. At this workshop you'll analyse the true growth potential for your firm or practice, set your goals for growth in the next 12 months, and create a specific plan to get you there. Plus you'll develop skills and strategies to attract and convert your ideal clients, and to maximise the profitability of the clients you already have, without working more hours.

Find out more at www.thebusinessinstructor.com/workshop

ABOUT THE AUTHOR Michelle Peters (The Business Instructor) is a former

HOW TO STOP FEAR SLOWING YOU DOWN

practising solicitor and the creator of the Profitable

To stop the fear of failure holding you back, here’s what I recommend: make the decision to let go of your fear of failure, and aim high.

Set yourself the growth goal you'd really love to achieve in the next 12 months, rather than the goal you think you can easily achieve.

profits without working more hours. In addition to working

Practice Programme for sole practitioners and small firm owners who want more clients and to increase their privately with lawyer clients, Michelle frequently runs webinars and workshops to help lawyers identify what is slowing them down from having more of their ideal clients and higher profits, and what to do about it.

Michelle is also the author of the No.1 Best-Selling Book

Remember, if you aim for the stars, you might just hit the moon (not such a failure in my book).

Whereas if you only aim for the moon, you might never get off the ground.

spg.uk.com

‘The Client Magnet Strategy for Lawyers’ which is available on Amazon, or you can download the first four chapters FREE at: www.thebusinessinstructor.com/book

PROFITABLE PRACTICE GROWTH SECRETS

ONLINE WORKSHOPS FOR SMALL LAW FIRMS Discover the secrets to attracting more of your ideal clients and increasing your profits (even in a difficult economy) DURING THIS POWERFUL 1 DAY WORKSHOP YOU WILL DISCOVER:

The 3 Critical Factors that limit the growth and profitability of most small legal practices and how to overcome them

The 3 Essential Elements of a profitable Practice and how to put them to work so they do the heavy lifting of growing your practice (and you don’t have to work harder) The secret 3+3 Formula for Profitable Growth that means you double your profits without doubling your clients

LI M IT E D S PA CES BOOK NOW FOR EARLY BIRD PRICES

The 9’accelerators’ you can install into your practice to attract and convert more of your ideal clients and increase your profits without working more hours.

How to create a Profitable Practice Gameplan to take what you’ve learned from the workshop and turn it into a strategic plan to achieve your practice growth goals in the next 12 months.

“Michelle’s workshop brought home just how much impact she can have on a firm’s profits. One of her tips transformed my client conversion rate from 4/10 to 8/10.”

Jay Sahota, Senior Partner, Jarmans Solicitors

These workshops are presented by former practising solicitor Michelle Peters To find out more information about the workshops and reserve your place, visit:

WWW.THEBUSINESSINSTRUCTOR.COM/WORKSHOP

028

How far can you trust the internet?

While the internet is undoubtedly a great resource, it is also sadly rife with scams, lies and nonsense. Just recently, I was investigating how to get my passport renewed with a change.

I had a deadline looming, so needed to find the quickest and most secure way of dealing with the renewal. Years ago, I would have popped down to the passport office, which is only about 15 minutes away from my office, and this could have been done relatively easily. However, in these days of ‘everything is better online’, this is no longer possible. You have to go online just to book an appointment to go to the passport office. If only it were that simple.

Joanna Connolly SPG Chair I booked my appointment online. I was not able to use the Online Premium Service as it was not a straightforward renewal, there was an additional change so I used the 1 week Fast Track Service. A few days later, I went to the passport office at the appointed time and handed in my application, which was checked for completeness while I was there. It then took a little less than a week for the passport to be delivered to my home – I would have preferred to have it sent to work, but that was not an option.

Oddly, when it was delivered by standard post, it didn’t have to be signed for.

However, there was an error in the new passportthey had left out my professional name, even though this was clearly requested and fully evidenced in my application. How to get this corrected, and how long would it take? Back to the internet, which was little help, as this was a slightly odd error. I had to resort to the telephone. I eventually managed to find an option within the automated telephone handling system which actually put me through to a person.

The person I spoke to was very helpful and kept checking with colleagues to try to find a way of dealing with this correction prior to my now looming foreign trip. After about 45 minutes, we concluded that the only thing was to start all over again after my trip, as otherwise I could

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end up with no passport at all. While I could have returned the passport for correction based on it being the Passport Office who had made the mistake, this would have been done free of additional charge, but I could not deliver it personally to the passport office without first booking online for an appointment and with that inbuilt delay it could not be guaranteed to be done quickly enough for my trip. Leaving the correction until after my trip meant that I had to pay the full passport fee again.

So, what does all the above have to do with the internet? The answer is ‘fake’ sites. I had spent a lot of time trying to find answers to my question online, and while doing so, came across several sites purporting to be official websites handling passport enquiries and processing. They cleverly ‘front’ the real websites but charge a processing fee. There are similar scam sites for DVLA matters. These sites will charge you a fee for processing documents when the government site does the same thing free of charge. The government websites always have .gov.uk in the website address, so always be vigilant.

It is very easy and cheap these days to setup a website, and there are so many domain types that it is easy to be confused. Originally the US used domains ending in .com and the UK used .co.uk, although many UK and international

companies preferred .com Now there are domains ending in .org, .uk, .net, .uk, .co, .live, .eu etc. It is easy for a fraudster to setup a website with a domain that is close to the genuine one.

I have just done a scan and found many dubious website domains that could be registered for just a few pounds, although I am not going to list them for obvious reasons.

Thankfully, many government departments register names to keep them out of the public domain. Many companies register all the potential domains for the same reason. Apple, for example register just about any permutation and combination possible, although I have been scanning, and found that Microsoft have missed registering a couple of domains that would fool most people quite easily.

While anyone reading this is likely to be at least reasonably computer literate, I can’t help but feel sorry for those who are not. The old and infirm, those with poor eyesight or other disabilities must struggle with the onslaught of this ‘do it yourself’ way of doing things. While the banks, utility companies and government bodies would like us to think they are helping us and making life easier for us with all this technology, the reality is, they are doing it to save money. Let’s hope they pass all those cost savings on to the consumer, but I’m not going to hold my breath.

029

High Court Guidance on Data Breach Claims Belonging in the Small Claims Court In Stadler v Currys Group Limited [2022] EWHC 160 (QB) the Queen’s Bench Division of the High Court awarded summary judgment against the Claimant who had alleged distress as a consequence of the Defendant’s accidental data breach.

The defendant had sold a Smart TV to the claimant which was subsequently returned to the defendant for repair. Upon it being deemed by the defendant’s technical staff that the Smart TV was not repairable the defendant offered to write off the Smart TV and compensate the claimant with a voucher.

The claimant accepted the offer. The defendant subsequently sold the Smart TV to a third party without performing a factory reset or wipe. The claimant’s log in for his Amazon app, among others, were still stored on the Smart TV and on or around 31 December 2020 someone using the claimant’s Amazon account purchased a movie for £3.49.

The defendant reimbursed the claimant for the Amazon purchase and also gave the claimant a £200 shopping voucher as compensation. The claimant subsequently initiated proceedings in the High Court seeking: a) Damages (including aggravated and exemplary damages) up to £5,000 for (i) misuse of private information ("MOPI"); (ii) breach of confidence ("BoC"); (iii) negligence; and (iv) breach of data protection law, in particular pursuant to Article 82 UK-GDPR and sections 168 and 169 of the Data Protection Act 2018. b) An injunction requiring the defendant, if it continues to process the claimant's personal data, to act in accordance with the requirements of the UK-GDPR and the Data Protection Act 2018. c) A declaration that by processing the claimant's personal data the defendant has breached Article 5(1) of UK-GDPR. The defendant had made an application for

summary judgment and /or strike out. By the time the application came before the court both parties had agreed that should any limb of the claim survive then the case should be transferred to the county court.

The claims were struck out save for the data protection claims which the defendant had asked the court to strike out as being de minimis in value. HHJ Lewis at para 43 of Stadler v Currys found that were the data protection claims intended to remain in the High Court then there would be good reason for striking them out on Jameel grounds as “ the claim would simply not be worth the candle” but declined to strike them out as they were to be transferred to the county court where they could be allocated to the small claims track.

There have been several recent decisions along similar lines that data breach cases are minor cases with low damages likely to be ordered.

The de minimis principle had previously been applied by Master McCloud in granting summary judgment for the defendant in the case Rolfe & others v Veale Wasbrough Vizards LLP [2021] EWHC 2809 (QB. It seems likely now that solicitors commencing Data Protection Act and associated claims in the High Court, unless they are of significant value, may well face wasted costs orders against them personally as provided for under section 51 of the Senior Courts Act 1981.

Joanna Connolly SPG Chair

spg.uk.com

Geodesys drainage and water report for new build homes The Geodesys NewBuildDW - the first of its kind - provides all the same quality data on water and sewerage connections as the Law Society's official CON29DW report. However, NewBuildDW focuses specifically on the information relevant to new build residential properties and offers conveyancers a lower-priced alternative to the full report. It also includes several pages of extra tips and advice for buyers.

Jonny Davey, Product Manager for Geodesys, comments: “We are committed to providing all the information home buyers and their legal advisors may need on a property to avoid any unnecessary future risks and additional costs.

“We decided to launch this new product after identifying a gap in the market for a comprehensive report which has been specifically tailored to provide information for new build residential properties. All data used in the report is sourced from Anglian Water, which retains liability for its accuracy.”

Making conveyancers’ jobs easier, the new report will provide:

Angle-Double-Right 17 questions including two high quality water and sewerage maps

Angle-Double-Right Crystal-clear front-page customer dashboard highlighting information on key questions

Angle-Double-Right Easy-to-use interactive navigation making retrieving information easy for users

Jonny continues: “Produced by industry experts, our streamlined report clearly outlines all the most pertinent information. Some data contained in a full CON29DW is simply not available for new builds, so NewBuildDW allows conveyancers to access the key details at a more competitive price.”

Angle-Double-Right Top tips and advice relevant to buyers of

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The value of peer support

We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus, and it can seem overwhelming to choose what action to take.

Sometimes a listening ear and a nudge in the right direction is all we need to move on. We all need someone to talk to about personal matters without judgement and in confidence. To listen to us and offer help when things get on top of us.

Sole practitioners may find it difficult to know who to turn to when they are finding things hard.

It may not be easy or helpful talking to a friend or family member. Perhaps we don’t want to worry them. Maybe they have their own problems going on. We might not have spoken to them in a while because we’ve been so busy at work. We may feel they won’t understand or feel afraid to unburden ourselves or let go in front of them. This is where peer support can play an important role.

What is peer support?

Peer support is when people use their own lived experiences to help others. Getting emotional support from people who have similar experiences can improve wellbeing, increase self-esteem and confidence, provide hope that we can move on from a difficult situation and help us manage it better.

What are the benefits of peer support?

A review of over 1,000 research studies on peer support found that it helps people feel more knowledgeable, confident, happy, and less isolated and alone. The mutuality and reciprocity that occurs through peer support, builds social capital, which in turn is associated with wellbeing and resilience.

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LawCare and peer support At LawCare, we have a network of around 90 trained peer supporters, people who work in, or have worked in, the legal profession who may have been through difficult times themselves and can offer one-to-one support, friendship and mentoring over 2/3 telephone calls to those who need it. They understand life in the law and all its challenges - this is what makes our support service unique, and supporters well placed to help other legal professionals. Our peer supporters reflect the diversity of the legal profession and are drawn from all branches of the legal profession and career stages. They are from different age groups, genders, and ethnic groups.

Our peer supporters provide knowledge, emotional assistance, experience, practical help, and social interaction. They are not counsellors, and they can’t provide people with solutions to their problems, but they have been specifically selected and trained in listening skills and are empathetic and non-judgemental. Usually, peer supporters provide support over two to three phone calls, but it can be less or more than this, it just depends on the individual and what they need.

One of our supporters, Simon explains “Life doesn't run in straight lines. It's important for people to know that they can talk openly, confidentially and without ever feeling they're being judged, no matter what the issue is which is troubling them, be it stress, anxiety, addiction, or anything else. Being able to speak with another member of the legal profession helps too. All of this is uniquely available at LawCare".

The most common issues our peer supporters can help with are: • Worries about training • Difficult relationships at work • Struggling with workload • Anxiety • Stress • Depression • Addiction • Bereavement • Returning to work after illness or a career break • Worrying if law is the right career for you • Facing disciplinary proceedings either by your regulator or employer Sam* was recently allocated a LawCare peer supporter. He told us “This is the first time in 3

months I have been able to feel a little bit more relaxed. It was so nice to know somebody else understands me. Even though I have a wife and family and friends, my peer supporter knew exactly how I felt.”

I am interested in peer support – what should I do next?

Many people find peer support helps them, but it is not for everyone. Before considering making an application, think about the following: • Am I comfortable talking about my experiences to new people? Talking about your experiences can make you feel more aware of your thoughts and emotions.

• Am I comfortable hearing about someone else’s experiences? Listening to someone else’s experiences can help you feel less alone and introduce you to new ways of coping, but it may also be unhelpful.

• Am I well enough? If you are in an acute crisis, peer support may not be right for you at the moment.

• Is it the right time? Is peer support what you need at the moment?

If you feel a peer supporter could help you, please visit http://www.lawcare.org.uk/ peersupport and complete the application form. One of our team will then be in touch by telephone to discuss your needs and see if we can match you with an appropriate peer supporter. We expect to reply within two weeks of your application, and it may take up to one month to allocate a peer supporter. We can’t guarantee that we will be able to offer you a peer supporter as this does depend on your circumstances and their availability, but we try our best. If we are unable to allocate a peer supporter, you are also able to call our helpline for emotional support on 0800 279 6888, email support@lawcare.org.uk or access online chat and other resources at www.lawcare.org.uk Anything you discuss with your peer supporter is confidential, we will only break your confidentiality if we are concerned that you are at immediate risk of harm to yourself or others.

Elizabeth Rimmer Chief Executive LawCare

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The Latest RICS Residential Market Survey The survey results showed an expectation by respondents that there will be around a 4% annual increase in house prices over the next five years.

Interesting fact about SPG Vice Chair - Dorcas Falode successes. This book will be given out free to secondary schools in Nigeria and each student is expected to have access to it.

Dorcas will also commence a free online mentorship programme to help in harnessing the inspiration gotten from Nigerian inspires.

Her objective is to boost youth's enthusiasm and drive them towards success by providing profiles of Nigerians in all works of life to share true life experiences of their struggle and

Dorcas W Falode

She recently authored a book called ‘Nigerians Inspire' which serves to promote the image of Nigerians against a background of bad publicity caused by a minority and to encourage young people believe in themselves. ‘Nigerians Inspire' is one of the many avenue to achieve her many goals of contributing to the support and motivation of Nigerian children.

Best) award of (Gathering of Africas of positive "Winner of The GAB n to the promotion Excellence for contributio motivation". and Africans through image of Africa

confidence step into it with for the taking, enough to be The world is there a Nigerian bold tribe place. Become and take your irrespective of country, among comperes D WITH! competitive even TO BE RECKONE BE THE FORCE or background.

are key. and motivation life, inspiration To succeed in but being guided are never enough Passion and goals is a Nigerians Inspire of destiny is vital. through the path never of people who nuggets nal collection of motivatio d! gave up. A must-rea

Dorcas W Falode

IRE

However the average number of properties on estate agent’s books remain low with respondents reporting that the number of agreed sales remained on the same upward trajectory in as previously in February.

Property sales expectations for the next three months stay positive with a moderate rise anticipated by 16% of the respondents.

Even though more houses are being listed this is not showing in a reduction in price as house prices are continuing to rise. 74% of Respondents said there had been a rise in house process with the highest price increases being in Northern Ireland, the North of England, and Wales.

30% of Respondent anticipate house prices continuing the upward trend over the next three months and 65% of Respondent anticipate similar over the next twelve-month period.

NIGERIANS INSP

The latest RICS Residential Market Survey on the UK property market showed that there had been an increase activity in the housing market in March in both the numbers of fresh listings and new buyer enquiries for the first time since the pandemic.

NIGERIAENS INSPIR

Dorcas W Falode

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T: 01773 767 503 | E: enquiries@cmcosting.co.uk | www.cmcosting.co.uk On Site Lodge, 9 Mansfield Road, Eastwood, Nottingham NG16 3AR Director: Christine Middleton, Costs Lawyer Regulated by the Costs Lawyer Standards Board

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Consultation Proposal From The Legal Service Ombudsman Time Limit On Complaints Currently clients are allowed to make complaints to the Legal Ombudsman about their solicitor from six years of the alleged mistake, and for a period of three years from finding out about an issue. The Ombudsman is considering reducing the time allowed to one year of an alleged mistake, and one year from finding out about an issue. If the proposed changes are implemented, they will only apply to all new cases. The Ombudsman believes that there is merit in these proposals as it will bring their time limits into line with others, such as the Financial Ombudsman.

The Ombudsman is also proposing that its staff will be given the power to dismiss a complaint without investigation and that if a reasonable revised offer is made by a law firm to settle during an investigation cases can be dismissed.

Another proposal is that the Ombudsman, if it was considered that it would be disproportionate use of resources to start an investigation, would be able to dismiss a complaint. The Ombudsman references a case study where it received a 500-page complaint which related to the handling of a professional negligence claim. There were 14 heads of complaint which consisted of 48 individual points of complaint. It took an experienced investigator 18 months to make a 40-page decision with 400 pages of supporting evidence which the complainant rejected. The Ombudsman then made a 60-page decision limited to poor service around the provision of ARE insurance and communication for which the Ombudsman proposed a remedy of £500. Both parties rejected the final decision and the solicitors firm involved have applied for and are still pursuing a judicial review of the Ombudsman’s decision.

My view is that the proposed changes are reasonable for the reasons provided in the full consultation paper.

The Ombudsman’s consultation on these changes and other small changes to its scheme can be accessed on their website at: https:// www.legalombudsman.org.uk/media/nahpyypc/olc-scheme-rulesconsultation-feb-2022.pdf Joanna Connolly SPG Chair

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Lawshare is an entirely free of charge referrals and support network for lawyers run by Top 100, Full Service Law Firm – JMW Membership allows you to place work from enquires you generate but are unable to service, whatever that reason may be. Whether the enquiry falls outside your areas of expertise, you may be conflicted or even at capacity. Every enquiry is logged and ringfenced with a unique reference number ensuring we guarantee to only act on the referred matter, signposting clients back to the referrer should they return on a future occasion.

At the conclusion of matters we take on following a referral, we profit share with the referrer!

It’s the perfect, streamlined solution for assisting clients, preserving your client relationship and all whilst generating extra revenue from enquiries you’d ordinarily turn away.

In addition members benefit from free CPD seminar/webinar programme, buying group Lawsave and the support of a Full Service, Top 100 Law Firm with over 600 staff across 3 offices.

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How to Re-ignite Your Career Without Putting on Your Superhero Cloak If you believe the statistics, the sole practitioner is a dying breed... themselves with strong resources to maintain good mental health!

SYMPTOMS Some of the things you might experience which may indicate mental ill health include poor sleep, low energy, sadness, depression, inability to relax. Relying on stimulants like coffee, or using alcohol or other addictions to ‘numb’ your senses. Mood swings, anger, changes in eating habits/sex drive, reduced ability to concentrate, anxiety or feelings of guilt. Overwhelm or feeling there’s no end in sight, avoidance behaviour, procrastination, making mistakes, withdrawing from friends and activities. Physical problems such as unexplained aches and pains.

Difficulty making decisions.

According to the SRA, as at the end of February 2022, less than a fifth (19%) of solicitors’ firms had recognised sole practice status. In 2000 it was close to half (42.5%).

WHY THE DECLINE? There are various factors. Some commentators speak of a business model which is unattractive for external investment.

Others include lack of resources to invest in IT and back-office infrastructure, the financial repercussions and uncertainty around the Solicitors’ Indemnity Fund run-off provision/ PII contributions, legal aid franchising and the abolition of the old legal aid system, and the stress of sole practice.

The result is that some sole practitioners have moved to a legal consultancy model. Some have become associates at other law firms.

Others have merged or amalgamated with other practices. Analysis by Arden Partners plc in 2021 pointed to the corporatisation of law firms. Some sole practitioners have ceased practising altogether.

Those that remain might feel like Clark Kent - an ordinary human who has the need to transform into a dazzling superhero in order to avert disaster.

WHY IS THIS IMPORTANT? Professionals facing a potential major upheaval or change of any sort will undoubtedly experience uncertainty. This in itself can lead to significant stress, which can be especially difficult for a sole practitioner who has basically

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invested their whole life into their business.

It’s interesting to note that, according to the Bar Council, 36% of sole practitioner barristers who want a change want to leave the Bar. Anecdotally, I’m aware of solicitors and other legal professionals who are so disillusioned or under so much strain that they can see no way through their challenges unless they leave the profession.

The fallout from the pandemic has also added a layer of stress. Several of my clients have said they hadn’t consciously realised the longer-term impact it has had on them.

MENTAL WELLBEING LawCare (www.lawcare.org.uk) is the mental wellbeing charity for the legal community.

One of the key findings of the “Life in the Law” report commissioned by LawCare and published in September 2021 was that legal professionals are under strain and have a high risk of burnout (regardless of how much autonomy they have. And sole practitioners have more autonomy than most).

69% of the 1,713 participants reported that they had experienced mental ill-health in the previous year.

87% of participants accepted responsibility for their own wellbeing, with 84% saying additionally that responsibility was with their employer.

Sole practitioners wear both hats: as their own employers, they would do very well to equip

When your neglect your own mental health, these problems can build up over time. The cumulative effect results in the straw breaking the camel’s back. Intolerable stress. Even breakdown.

The tendency I have noticed is that most people are motivated to get away from what they have (but don’t want) far more strongly than to move towards what they do want. In many cases, they don’t actually know what they want, they just know it’s not ‘this’.

The result is that a lot of energy is spent on fighting fires, fending off marauders, just keeping their head above water.

This is not a powerful or resourceful way of being. It leads to more struggle and it becomes a vicious circle which can end up as burnout.

It is national Mental Health Awareness Week from 9-15 May 2022. There is no better time than now to take stock of your psychological fitness and shore up your inner resources...

BEFORE the strain gets overwhelming.

Mental health struggles arise when things occur that are not aligned with how we think they should be.

TAKING STOCK However long you’ve been in practice as a sole practitioner, think back to the time when you decided to go solo. What were your reasons at that time for making that decision? And what was your underlying purpose, the driving force that compelled you to choose that?

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It’s worth pondering on this for a few minutes.

Dig deep! Connect with the deep desire you had at that time. Resist the temptation to evaluate your original intention or to make comparisons.

When you’ve done that, now identify the progress you have made towards bringing that ‘vision’ to life. Take an honest look at your dayto-day experience of life and work.

Have you achieved your desire? What has got in the way? What do you feel about that? Where are you compromising? What conflicts do you encounter? What is the impact of all of that?

For many people, there is a discrepancy between how they would like things to be and their actual reality. And I have noticed through my coaching over the last 12 years, that most people believe they have to ‘put up with’ it and simply find ways to cope. This approach tends to lead to a drip-drip effect, wherein they gradually go into decline. It can be so subtle that they don’t even realise it’s happening.

However, it doesn’t have to be that way. There is another approach.

It IS possible to bring about your ideal life and

career. The single most valuable resource you can cultivate in order to achieve that is your personal connection to your true purpose. When you have this, you can begin to consciously choose to create exactly what you want in your life and career. A life on your terms.

I support clients in finding their unique purpose, connecting with it and then creating a life and career consistent with that. Time after time, they are surprised at how simple it is to achieve or to create something even better!

One example of this was Caroline, an English qualified solicitor living and working abroad.

She had become disillusioned with her career and felt trapped and listless. She was on the verge of throwing in the towel. After working with me, she set up a new part time structure for her legal role, and launched a thriving music promotion business alongside her career. Her stifled creative nature began to flourish and she was delighted. Caroline’s testimonial, along with many others, is on my website.

Everything that Caroline needed was already within her. She just needed a little expert support to reveal it and bring it to life. She could potentially have achieved her breakthrough by herself. But she had been

stuck for a while. The thing is, as humans we all have blind spots. A skilful coach sees what you don’t and is able to shine a light on the things that matter most, thereby freeing you up to create the seemingly impossible.

Just as prevention is better than cure, so proactivity is better than reactivity. When you connect with your heart’s true purpose, you receive an injection of vitality and renewal.

Your inner superhero saves the day. What’s not to love?

Are you ready to reveal and connect deeply with your true purpose? You can find Kim’s free Purposeful Life Checker here: https://www. kim-parker.com/purposeful-life/ Biography: Kim Parker, a former solicitor in private practice for over 20 years, has run her successful practice as a transformational and wellbeing coach (www.kim-parker.com) since 2009, helping legal professionals around the globe create a fulfilling life and career they love, while being true to themselves.

Kim is an established volunteer for the Law Care helpline and is currently developing The Heart Centre, a beautiful retreat space in rural Herefordshire.

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Book Reviews THE MEDIATOR’S TALE The CEDR Story of Better Conflicts

By Eileen Carroll QC (Hon) and Dr Karl Mackie CBE ISBN 978 1 52651 583 4 BLOOMSBURY PROFESSIONAL LAW www.bloomsburyprofessionallaw.com/online BRILLIANT PERSONAL AND PROFESSIONAL INSIGHTS INTO MODERN MEDIATION An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator “The Mediator’s Tale” has been published by Bloomsbury Professional “to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy”. The book arrives at a particularly pivotal moment for the future of mediation as an alternative dispute resolution option in view of the massive build-up of unheard cases in the courts. But mediation is not to the taste of all litigants, or “participants” as we call them! However, you may change your mind when you read this tale.

The authors, Eileen Carroll QC and Dr Karl Mackie give us a fresh light on the personal motivations and strategy behind what they describe as “a unique example of disruptive innovation in the legal system, while sharing their professional insight into how we can achieve better conflict management in our personal and professional lives”.

In their own words, Carroll and Mackie begin their tale by charting “the personal and organisational drivers behind the success of CEDR in the UK and internationally, drawing out important insights for other innovators and campaigners for change to a traditional system”. Don’t you just love the description of how they describe their task- “very mediation”, but don’t be put off!

The main part of the book then draws on experience spanning thirty years to illustrate key insights in “a matter of fact” way as to how the mediation process, and other independent conflict intervention techniques which deliver results. The book explains how such techniques can be made to work “most effectively”; and how one can adapt these skills and systems for old and new dispute contexts, with the “challenges for the future of better conflict management” (as they put it).

This splendid work also offers tips to assist the reader analyse their own personal experiences in conflict and dispute resolution. The purpose is to offer suggestions on what they can learn from “the insights of leading practitioners, while becoming familiar with a fascinating and unique lifetime's professional practice, and the diverse experiences of a leading independent institution in the field”.

Without doubt, this important and readable book is one which any mediator or potential mediator should include in his or her library as ADR continues its upward journey as a realistic way of

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resolving disagreements without recourse to the courts.

states, ‘is to prepare companies for the end of their existence by eventual dissolution” - and to do so fairly and equitably, particularly in cases in which there is a public interest factor.

The date of publication of this new paperback edition is cited as 7th December 2021.

McPHERSON & KEAY THE LAW OF COMPANY LIQUIDATION Fifth edition

By Andrew R Keay ISBN 978 0 41408 920 4 Sweet & Maxwell/Thomson Reuters sweetandmaxwell.co.uk MUCH NEEDED IN ‘A NEW WORLD’ - THE LATEST EDITION OF ‘THE LAW OF COMPANY LIQUIDATION’ An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister” and Mediator Be you lawyer or accountant - if you are in any way involved in matters relating to insolvency, you need this long-established and highly regarded work of reference - out now in a new fifth edition from publishers Sweet & Maxwell.

In the words of Judge Briggs, this specialist text ‘explains the nature of winding up in all its forms and takes the reader on a journey through the intricacies (and there are many) of its processes.’

Certainly, the book excels as a work of reference, rendered easily navigable via a very detailed sixteen-page table of contents, (covering eighteen chapters) and a thirty-six-page index.

Also note the 160 pages of tables of cases, statutes, and statutory instruments.

As “a part of the insolvency landscape” company liquidation is no one’s ideal of a desirable outcome of business activity. But for lawyers advising clients who have taken risks (particularly in the current post-pandemic ‘new world’ of business), this new fifth edition of McPherson & Keay provides a comprehensive and indisputably authoritative guide to this difficult area of law.

The date of publication of the fifth edition of this hardback was 27th September 2021.

The law is stated as 1st May 2021.

Company liquidation is referred to in the Foreword written by the Chief Insolvency and Companies Court Judge Briggs as ‘an important part of the insolvency landscape.’ ‘It is axiomatic,’ he adds, ‘that the law of insolvency continues to evolve and world events such as the UK leaving the European Union and the pandemic have contributed to or hastened legislative change that requires EXCLUSIVELY for The Sole the practitioner Practitioners Group we are to understand offering an unlimited typing new practices and service for just £500/month procedures in what looks per fee earner*. like a new world.’

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While looking very much to the future, the book does illuminate, with admirable clarity and thoroughness, all aspects of company liquidation, including the “winding up” of solvent, as well as insolvent companies. (Note here that editor Andrew Keay points out that the terms ‘liquidation’ and ‘winding up’ are used interchangeably throughout the text.)

‘A purpose of the winding up of both solvent and insolvent companies,’ he

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040

Updates to the Conveyancing Quality Scheme Introduction Despite there having been a fairly substantial update of the Conveyancing Quality Scheme in February of this year, there has not been a great deal of comment, either on the Law Society’s website or in the legal or other press, about those changes. Having come into effect on 1 May, the changes mean that all CQS accredited firms are now expected to have updated their processes to comply with the requirements of the new Core Practice Management Standards (CPMS). The lack of clear information, however, means that many firms will not even be aware of those changes and may struggle to know what is expected of them, given that there has been very little explanation from Law Society, who have simply referred firms on their website to the out-of-date CQS Toolkit which was published back in June 2019.

Background to CQS The Law Society introduced the CQS in 2010 as a means of addressing not only the increasingly widespread practice of illegal property fraud that was, and continues to be, prevalent but also as a means of enabling solicitors to demonstrate best practice in an increasingly competitive marketplace.

It is described by the Law Society as “a recognised quality standard for residential conveyancing practices” with the potential to “minimise your practice’s risks of claims and protect your brand’s reputation”.

Whilst there can be no doubt that, if the requirements of the CPMS are implemented and followed, there will inevitably be an increase in the quality of the work undertaken by firms.

Unfortunately, the lack of any vigorous quality checking has meant that for many firms, compliance is very much a question of paying lip service and hoping that they will not be one of the firms subject to what even the Law Society describes as “a small number of on-site visits each year”.

The result of this is that many remain unconvinced as to the effectiveness of the Scheme, with many seeing it simply as a means for the Law Society to raise funds from a lucrative area of practice, with the limited range of “authorised” CQS training providers (the Law

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Society and The Access Group), combined with the requirement for accredited training, ensuring that yet further fees are garnered by the Society.

So what are the changes to CQS? The most obvious change to the CPMS is that many of the paragraphs have been renumbered and regrouped and there are now seven sections rather than the previous six.

Sections entitled “Structure and Strategy” and “People Management” have been added whilst “Supervision and operational risk management” has been dropped. There is also a glossary of core terms preceding the seven numbered sections.

‘‘

IT IS DESCRIBED BY THE LAW SOCIETY AS “A RECOGNISED QUALITY STANDARD FOR RESIDENTIAL CONVEYANCING PRACTICES” Those who are Infolegal members can access a destination table showing how all of the former and new provisions inter-relate and provisions and guidance dealing with the standards can be found in the Infolegal Office Procedures Manual.

There has been a substantial simplification of the data protection compliance requirements and the previously anomalous requirement for a firm to appoint a Data Protection Officer (DPO) has been removed. Another requirement which has also been simplified is in relation to information management and security – although the reference to Cyber Essentials continues.

The new CPMS have incorporated from Lexcel the requirement to have a register of plans and policies and the requirement to have induction processes.

There are a number of new, or more onerous, requirements placed upon firms. These include a requirement at 5.12.k for there to be a documented individual AML risk assessment on every file, a documented fraud risk assessment on every file and enhanced requirements where there is a high risk of fraud. There are also enhanced requirements in relation to SDLT (including providing the client with information about SDLT and a SDLT calculation at the outset of the

USER by Duncan Finlyson

matter), the information provided in leasehold matters and in relation to dealings with lenders.

In several other places, the new Standards are less onerous. Among these is in relation to the information to be provided to clients at the outset of a matter. Some of the omissions come across as errors, given that in some cases, for example in relation to costs estimates, there is a duty elsewhere to provide updated information when those details change – despite there being no requirement to provide the information in the first place. There is also a mistake in that there are two standards that are both numbered 5.8.

This may cause problems going forward if firms incorporate existing numbering into manuals only to have that numbering changed at a later date.

Since the second 5.8 and 5.9 used to be the same provision (3.5) possibly they can be recombined so as to cause as little disruption as possible.

Conclusion The latest version of the CPMS has the feel of a standard that has been drafted in a hurry and is aimed at those who do not operate client portals or use the more forward-looking conveyancing management software.

The fact that it is a standard that is not rigorously checked, applies only to solicitors and yet is an essential for many panel memberships is a definite failing. Hopefully, however, with more thought and work, it can become something that is more relevant, and which will help conveyancing firms to develop and to improve the overall quality of services that the public receives.

To find out more about how Infolegal can assist your firm with its CQS compliance, please email enquiries@infolegal.co.uk.

Duncan Finlyson is a director of Infolegal, which provides guidance on this issue, including templates and policies tailored for sole practitioner users. For more information go to www.infolegal.co.uk.

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An insight to reducing complaints Paul McFadden, Chief Ombudsman, said ‘there needs to be a clear sense that providers learn from and respond to mistakes. Our part in this is providing the learning and insight from the thousands of complaints we investigate and resolve to support the sector in understanding the areas where customer service needs to improve and where service providers can do more to resolve complaints themselves.’

main complaint drivers and how to make improvements to avoid complaints in each area of law. Included throughout are case studies which bring the issues to life and remind us all that at the end of every complaint is an unhappy customer. Customers rely on the profession to help them navigate complex legal processes, quite often at very stressful times in their lives.

According to the LeO, during 2020/21 there was evidence of poor service in 55% of complaints.

The Legal Ombudsman (LeO) has said it is fully committed to making improvements to their service for their customers; both service providers and consumers, and they want to support service providers to do the same.

In their recently published overview of annual complaints report, it highlights the

The data in the report suggests that there are improvements to be made and shows that the basics remain key. Simple customer service failings are driving the bulk of the Ombudsman’s work. LeO says poor communication is a common thread.

A complaint about delay is quite often the result of poor communication and updating. A complaint about costs is often attributable to the service provider not keeping their customers informed as things progress. Improving communication with customers could therefore have a big impact on the number of complaints firms receive.

The LeO has a suite of information available to support service providers available on their website under ‘information centre - learning resources’.

They have also recently introduced an advice desk which provides service providers with direct access to an ombudsman. Talking to an Ombudsman may help to resolve issues early on. To access this simply email: technical.advice@legalombudsman.org.uk.

Lots of other useful resources can be found on their website: www.legalombudsman.org.uk Paul McFadden, Chief Ombudsman

Registered charity number: Royal Navy & Royal Marines Children’s Fund 1160182

Remember a loved one with a special gift.

Leaving a gift in memory of a friend or a loved one is a wonderful way to remember them. Your gift will help ensure Naval children can get the help and support they need.

The Naval Children’s Charity support children whose parent serve or have served in the Royal Navy. We help children with a wide range of needs, especially at times of family crisis. Many of our children and young people are impacted by the service of their parent in the Royal Navy and we provide that helping hand to ensure that their wellbeing, health, security, education and life chances are supported. Asking friends or family to make a donation to the Naval Children’s Charity instead of flowers can be a fitting way to celebrate your loved one’s life. Thank you.

Naval Childrens Charity, 311 Twyford Avenue, Stamshaw, Portsmouth, PO2 8RN

www.navalchildrenscharity.org.uk

023 9263 9534

caseworkers@navalchildrenscharity.org.uk

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No two the same: how specialist services can help you clear estate administration hurdles Written by Louise Levene, International Asset Services Manager at Finders International There has been a development in new complexities due to the rise in multi-family households, and an increase in assets held overseas as people increasingly live, work and invest outside of our borders.

However, we haven’t got much better at making Wills. Statistics indicate that two thirds of British people still don’t have a valid Will, and nearly 60% of parents don’t have a valid, up-to-date Will in place. This can have a profound effect on estates and the heirs.

Private client practitioners are required to have a very broad skill set, so it can be comforting to know that, where needed, professional probate genealogists can step in.

NO INSTRUCTIONS On learning of the death, practitioners may have a problem right at the start: no instructions to act, no access to funds, and little or no information about next of kin entitled on intestacy. Probate genealogists can assist to help get the administration process moving, with a variety of flexible fee options.

DUE DILIGENCE The subject of Wills – or their lack – can be thorny. The family is convinced that a Will was written naming them; or that a more recent Will exists than the one in your possession.

Our thorough Missing Will Search, backed up by Missing Will indemnity insurance, can remove uncertainty and allow the estate representatives to move on with the process.

VERIFICATION The work of tracing missing beneficiaries utilises many research tools via publicly accessible online records of births, marriages and deaths, census records and social media, as well as electoral roll and other commercial data. It’s the training, credentials, special records access and research methodology that set a professional probate genealogist apart from ‘bedroom’ sleuths: ensuring that all parts of the family tree have been carefully researched, and all beneficiaries located.

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Estate practitioners can find themselves misinformed about the true extent of the family.

The family members don’t always know about additional heirs that emerge through research, but genealogists find some beneficiaries are economical with the truth. Taking the word of the ‘sole heir’ at face value is a potentially costly risk to take, that can be avoided by engaging a professional probate genealogist to independently verify the family tree.

globalized after all. A virtual security gate crashes down, and the estate representatives and legal practitioners must deal with a string of unfamiliar requirements from a foreign-based asset-holding institution, that may create legal, financial or administrative complications – or all three! Outsourcing this to an experienced professional firm of probate genealogists can help with what can be unfamiliar, lengthy and time-consuming work.

“THERE’S NO ONE ELSE…” Finders International was involved in the estate of a man with a £400,000 intestate estate. The man’s sister asserted she was the sole beneficiary. Finders verified the tree and found that she had a nephew, entitled to half the estate. She had, it appeared, neglected to mention his existence because she didn’t approve of his behaviour. The nephew received his rightful share of the inheritance, and the practitioners saved a great deal of trouble and expense from a potential later claim.

CASE STUDY A lady died leaving what was once a straightforward, London-listed UK share portfolio. In recent years and with failing health, she stopped actively managing her portfolio. After her death, her Executors found she had ‘accidentally’ acquired several high value shareholdings listed in the USA, through corporate acquisition and stock spin-offs. The legal practitioners advising the estate had little experience with this kind of work and brought Finders International in to complete the necessary steps. US estate tax clearance was procured due to the high value of the assets, and the shares transferred out of the Deceased’s name, using Medallion Guarantee stamps, and sold.

FINDING ASSETS It’s easy for a person to acquire assets overseas: perhaps being paid in company stock, combined with an increase in wealth managed overseas, helps us feel that we live in a truly globalized world.

It’s when the owner of these assets dies, that we tend to find out the world is not so

Source: https://www.royallondon.com/media/pressreleases/2018/december/perplexed-by-wills/

Finders International are an award-winning Probate Research firm established in 1997. We trace missing heirs and beneficiaries to Estates, property, funds and assets worldwide as well as a range of additional Legal Support services. We work with Solicitors, Accountants, Corporate or State Trustees and financial institutions. We are the founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), which aims to provide a single, authoritative voice for corporate industry professionals.

If you would like to contact Finders International for advice or information, contact us on +44 (0)20 7490 4935, email quotes@findersinternational. co.uk, or visit our website to view our services.

MISSING HEIRS, WILLS, DOCUMENTS & ASSETS FOUND WORLDWIDE Assisting sole practitioners since 1997

Contact us today quoting the reference:

SPG2022 Freephone (UK Only): 0800 085 8796 contact@findersinternational.co.uk www.findersinternational.co.uk

Offices in London, Edinburgh & Dublin

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