Birmingham Law Society Bulletin May 2020

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

COMMERCIAL PROPERTY & FORFEITURE

DEALING WITH WORKING FROM HOME ON A DAILY BASIS

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THIS ISSUE

ADVERTISE HERE INSIDE THIS ISSUE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED

BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2020.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2020 - April 2021 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Pardeep Lagha- Gateley Plc and Stephanie Brownlees- Eden Legal Services Ltd The Board 2020/2021 Chair: Dee Kundi Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Vice Chair: Professor Bernardette Griffin Finance Director: Ben Henry Director: Professor Luke Mason Director: Tony McDaid Ex Officio: Linden Thomas Contact c/o Birmingham Law Society

4.

A Message from our Officers.

6.

News. A round up of what's been happening at the Society and members' news.

10.

Opinion. Furloughing and Annual Leave.

12.

Opinion. Embrace remote working work from home. with confidence and efficiency.

Report. Jayne Willetts' Top Ten 14-15. Regulation Compliance Activities.

16

Opinion. Supporting the Conveyancing Industry.

17.

Spotlight. Birmingham Law Society Property Committee.

20.

Opinion. Changing The Locks During Lockdown: The Coronavirus Act 2020, Commercial Property & Forfeiture.

22.

Out of Hours. Plan a future escape to Morocco.

News and an interview with funny man Milton Jones.

PRESIDENT’S LETTER A MESSAGE FROM THE OFFICERS As we enter the second phase of lockdown we hope that all of you are now adapting to the new “normal” and are settling into some sort of routine. We have a lot to be thankful for, the sun is shining and so far the dreaded April Showers have not materialised. Let’s hope that by the time you read this the May flowers are blossoming and we have some news on when we can all return to work. We really are living in unprecedented times, but we are sure you will agree that strangely it has given each of us time to embrace new things. I (Stephanie) had never heard of Zoom or Microsoft Teams until four weeks ago and now I am happily using both not just for the day job but for my daily Pilates class and catching up with friends and loved ones. According to my family, all I do all day is chat, if only they knew, but I was comforted to see that the President of TLS, Simon Davies, had also had the same comments from his wife.

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Another first, we decided that we would have a joint “Officers Column” this month to reflect the fact that we are entering into a new phase. BLS has held its first ever virtual AGM and by now you will be aware that the installation of the new president, Inez has been delayed until July, in order to provide continuity of leadership and to allow her the opportunity to prepare for a potentially very different year as President. Linden will therefore continue as President until the adjourned AGM takes place and I will remain the Deputy Vice President for the interim period. Following the March Council meeting we are delighted to welcome Dee Kundi as Chair, Tony McDaid as the DVP Elect and our new Joint Honorary Secretaries Pardeep Lagha and Stephanie Brownlees to the Officers Team. Thanks go to past President Andrew Beedham who advised on the logistics of the virtual AGM. One thing that everyone has had to do in recent times is pull together, demonstrate a team approach and

work more closely. BLS has been no exception. The office staff Becky, Denise, Natasha and Johanna worked tirelessly in the first few days of the lockdown to rearrange events, notify attendees and sponsors and then look forward to what the Society could do for members.

In the early days of lockdown we were conscious that members were experiencing different stresses and therefore organised our first virtual event with Rebecca Mander’s (Guruyou) “Coaching for Setback” on 6 April. There were almost 40 attendees who dialled into the session where Rebecca offered lots of tips on how to cope with setback.

One of the things I will refer back to is “the river of resilience” which in simple terms reminded me that the more we fill up our own “tank” the more we can help others. We look forward to hosting a “normal” event with Rebecca in the future.

Another successful first was the virtual Compliance Clinic hosted

DRESS TO IMPRESS & SUPPORT THE FIGHT AGAINST CORONAVIRUS

Legal professionals across the West Midlands are being urged to dress to impress during lockdown and help the fight against coronavirus. The Birmingham office of law firm Irwin Mitchell is organising a Dress Up Day social media campaign this Friday.

The company is asking staff, the legal chambers it works with and employees of charities to dust off their smartest, formal workwear and post a picture of them on Twitter while working from home.

by Jayne Willetts, Bronwen Still and Matthew Moore. Jayne and her colleagues answered questions from members including verifying new clients, trainee supervision, confidentiality and the risks associated with increased social media activity. The advice looked at the legal considerations as well as offering sensible, common sense tips and guidance. There is a further piece in this Bulletin around compliance and activities we can all undertake whilst working remotely to ensure our firms come out the other side stronger and more robust than ever.

Please do keep emailing suggestions of anything you would like to see BLS organising for you the members either virtually or, hopefully as soon as we are able, in person.

Stay safe and use your time wisely.

Stephanie, Linden & Inez Birmingham Law Society’s Officers Birmingham Law Society is proud to work in partnership with our sponsors:

Those taking part are asked to make a donation of at least £1 to The Midland Freewheelers, a charity delivering NHS supplies to hospitals across the region.

Irwin Mitchell’s Birmingham office has nominated it as its charity of the year.

Laura Daly, a lawyer at Irwin Mitchell helping to organise the day, said: “We are committed to getting involved in the communities where we are based and doing what we can to support vital charities.

“Our Dress Up Day is in direct contrast to the normal Dress Down Fridays which take place at so many offices in non-pandemic times.

“We are asking as many colleagues, charities and those in the legal community as possible to get creative and dress up in their best work wear and tweet a photo of them working from home. Children and pets are welcome.

“By doing so they will be helping to support a fantastic charity in Midland Freewheelers which carries out invaluable work, none so more than at present supporting the frontline fight against coronavirus.”

Midland Freewheelers provides free round-the-clock emergency deliveries to hospitals and other sites across Birmingham, Dudley, Sandwell, Walsall and Wolverhampton. All of its riders are volunteers and they can carry anything which can be safely stored on their bikes, from blood products to breast milk and scans such as X-rays.

Recent missions helping to support the battle against COVID-19 have included delivering visors for personal protective equipment (PPE) to hospitals, hospices and care homes as well as transporting COVID-19 samples for testing.

Volunteers have also delivered chemotherapy drugs for home treatments on behalf of Birmingham Children's Hospital.

To take part in the Dress Up Day people should post a picture, including #DressUpDay and tagging in @Community_IM To donate visit www.justgiving.com/fundraising/irwinmitchellDUD www.birminghamlawsociety.co.uk 5

NEWS

HOW TO DEAL WITH WORKING FROM HOME Take breaks Take regular breaks, including a lunch break, just as you would if you were at the office. If practical try and get out for a walk every day.

Prioritise self care It’s easy to let healthy habits slip when we are at home but make sure you eat well, get to bed at a reasonable time and find time to do some exercise. You might not be able to go to the gym but you can go for a run, do some gardening or do an online exercise video.

Many of us will be working at home for a while which will be challenging.

Being out of the office and a change in our routine combined with limited social interaction in these difficult and uncertain times might cause feelings of worry, fear and loneliness. At LawCare we don’t have an office space and all our team work remotely, so here are our tips from our own experiences to help you look after yourself when working at home.

Boundaries If you have to change your normal working hours or work flexibly due to childcare or other commitments set boundaries where possible. Perhaps you and your partner can do shifts, or you can work early in the morning or late at night in order to take some time off in the day. You might want to have a set time of day where you can’t be disturbed. Let other colleagues know about your routine and boundaries so you can manage their expectations.

Set up your space It’s important to try and create boundaries between work life and home life, and having a dedicated area to work in can help.

Not all of us will have an office or spare room to work in, but try and find a quiet area of the house where you can set up a desk area.

Reach out Keep in regular contact with colleagues, friends and family using phone, Skype, Facetime rather than just sending emails and texts. It can be isolating working at home and we all need to feel connected to each other.

It’s especially important to look out for those who live alone, make sure you are checking in with people.

Stick to a routine As tempting as it is to stay in your pyjamas all day or sit at your laptop at 10pm it’s important to get dressed and try and stick to a regular routine and your usual working pattern, where possible. This will help you stay focused and keep work separate from home life.

Disable notifications Avoid constantly checking your emails, Whatsapps and news feeds. It’s very easy to get distracted and sometimes too much information will trigger feelings of worry.

Turn off alerts and check them every few hours so you can stay focused.

Sickness It can be harder to call in sick if you are at home anyway, and many of us will be tempted to do a few hours work even if we are unwell. If you are ill, you really should rest, follow any medical advice and not work at all to protect your future health.

Be mindful Mindfulness is about being in the present moment. None of us know what the future holds so try and focus on the here and now rather than the bigger picture.

Seek support We’re all in the same boat, but these difficult, uncertain times will affect some of us more than others.

If you’re finding it hard to cope, just talking to someone can make you feel less worried.

LawCare offers a free, confidential emotional support service to all legal professionals, their support staff and families. We’re here to listen, with helpline calls, emails and webchats answered in confidence by trained staff and volunteers who have first-hand experience of working in the law. We also have a network of peer supporters.

If you need to talk call our free, independent and confidential helpline on 0800 279 6888, email support@lawcare.org.uk or visit www.lawcare.org.uk

MEMBERS SOUGHT FOR PRIVATE CLIENT COMMITTEE Birmingham Law Society is looking to establish a Private Client Committee and would like to hear from any members who would be interested in joining the committee.

Our committees tend to meet around once a month, at a time agreed by the committee members. Being part of a committee brings many benefits for our members and their clients including the opportunity to: • respond to relevant consultations held by Government, regulatory bodies and others and to influence future law and policy; • share good practice with peers; 6 www.birminghamlawsociety.co.uk

• liaise with key stakeholders within the discipline in order to increase understanding of and influence the policies and processes adopted by those stakeholders; • organise learning and development workshops and conferences, etc; • organise and take part in social events; and • establish a network of peers.

If you would be interested in joining a Private Client Committee, please email us at events@ birminghamlawsociety.co.uk by the 25 May 2020. A member of our team will be in touch shortly after that date to confirm the arrangements for taking this forward.

AWARDS 2020

ENTRIES ARE NOW OPEN

lawsociety.org.uk/excellence-awards www.birminghamlawsociety.co.uk 7

NEWS

ENOCH EVANS CONTINUES GROWTH WITH TWO FURTHER APPOINTMENTS Enoch Evans LLP has announced the addition of Kelly Pledger as a solicitor in its commercial litigation team and Laura Phillips as a solicitor within the firm’s residential conveyancing department.

GURUYOU COACHING COVID TO SUPPORT BIRMINGHAM LAW SOCIETY. When a setback is global, who better to support the resilience and mindset of our members than the executive coach who specialises in personal setback?

This month we were delighted to attend the wonderful webinar hosted by Rebecca Mander, founder of GuruYou™.

Having previously trained at a Legal 500 recognised law firm, Kelly practised as a litigation officer at a housing trust. Kelly specialised in issuing claims for possession against tenants and defending housing disrepair claims, as well as experiencing a broad range of litigation within the trust.

In 2019, a raft of new appointments bolstered the services offered by the firm and added new skills to the family and commercial property department teams, as well as the civil litigation department. Plus, long-standing wills, tax and probate solicitor Reiss Matthews was promoted to partner, becoming one of the youngest in the firm to gain such a senior title.

Rebecca was happy to come forward and support us without charge during this particularly challenging times in our sector. “I know many of the Birmingham Law Society Laura has over six-years of experience in residential members are not able to easily access my services and I conveyancing and has worked on cases ranging from quiet wanted to help.” Rebecca told us. “We need to be there for rural properties to new-build developments. each other, and many businesses are having to furlough which leads to great anxiety for the employee and business owners equally.” On the other side of the spectrum, Rebecca knows that some firms are facing an inordinate amount of pressure as a result of legal issues surrounding the outbreak. “Lawyers were facing an increase in client queries of 25% or more in March”, Rebecca says “The figure will have increased even further and that takes its toll on lawyers at the best of times, let alone when they are home schooling and trying to protect their own family's well-being. Looking after our mindset is paramount.”

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Rebecca focused on 4 key areas, sharing tips and techniques she uses when working with her clients during personal setback. During the webinar, we looked at mindfulness and why we need it, strengths awareness for confidence, how to build resilience and finally Rebecca shared her incredible coaching model, Charlie’s Star to help us forward with an immediate challenge we were facing.

Rebecca offers her webinar for clients of ours also, which is a great marketing tool. Business Development Director for Irwin Mitchell, Michelle Beat said, “I was so inspired

by Rebecca from just being on the phone for half an hour planning the webinar- I couldn’t wait to get it out there for our clients!”

For more details on Rebecca’s invaluable support during this time or any other personal setback that is affecting your practice, please do contact her at hello@guruyoucoach.com and quote your membership number.

COVID19: Please do not worry if your employees need to work from home. Zoom coaching is a great resource and we can coach large groups online if required.

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Birmingham Law Society

HOW TO REDEEM YOUR OFFER.

Present this voucher in store or enter code ””BCBLAW19”” at the online checkout.

T’s & C’s: Discount will only be given on presentation of this voucher in-store in the UK & Ireland. Discount cannot be redeemed against previous purchases, used in conjunction with any other offer, voucher, discount code or gift card purchases. *Excludes Loake shoes. **Free delivery is free standard delivery. Valid until 31st May 2020 inclusive.

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OPINION

FURLOUGHING AND ANNUAL LEAVE – WHAT YOU NEED TO KNOW!

Government make the 80% pay and you, as the employer top it up to 100% of the workers pay?

Well, again this is not entirely straightforward. If you are applying the bank holidays, then realistically, the payment should be 100%. Indications this week from the Treasury have suggested that employers will be required to top up the 80% furlough pay to 100% of the pay an employee would typically enjoy for that day. However, please be mindful that this is yet to be clarified by the Government.

So, with much of the population now furloughed, everything seems to have settled down somewhat and all the major confusion regarding the Government Corona Virus Job Retention Scheme appears to be resolved, or is it?

Well, kind of, until we hit the next set of bank holiday weekends. Countless calls this week have centred on annual leave, in particular the bank holidays during a furlough period, of which there are 2 from now until the end of May. We are currently awaiting clarity from the Government on the matter of annual leave and how it interfaces with furlough leave, in the meantime, NucleusHR are about to try and put a little sunshine to the shades of doubt.

Do Holidays Accrue Throughout A Furlough Period?It is clear that employees continue to accrue annual leave throughout a period furlough.

Currently, there is no relaxation of the Working Time Regulations that prevents the accrual of annual leave throughout a period of lay-off or furlough.

Can Employees Book And Take Holidays Throughout A Furlough Period? This is where the confusion starts to creep in, technically, an employee can take annual leave subject to the usual requests and approval.

Many are confused as to why an employee would request a period of annual leave whilst receiving 80% of their pay when furloughed. Well, essentially, the cap of £2,500 applies and if they are not getting that topped up to 100% by the employer, they could be financially impacted. However, annual leave would attract full pay for the approved period, which may make it attractive to some employees.

However, if a furloughed worker takes a period of annual leave, they are no longer 10 www.birminghamlawsociety.co.uk

on furlough leave, they are on annual leave, which could be viewed as a break of the continuity of the furlough, which at the moment, needs to be for a period of 3 weeks. The question that employers ask, is if the annual leave breaks the furlough, could this mean that my claim for reimbursement could be denied on technical grounds?

This is a point that the Government are looking to clarify prior to the 30th April, early indications from the treasury are that employees can take annual leave and remain furloughed. However, please be mindful, that this point is yet to be clarified by the Government, so apply caution to this point.

Can We Enforce Annual Leave Throughout A Furlough Period, Or Once The Furlough Has Finished?

Subject to the Government clarification referred to above, you could enforce a period of annual leave, although it assists to have a contractual provision to do so.

The default position under the Working Time Directive is that you need to issue notice which is twice the amount of time that you would like the employee to take. Therefore, if you are requiring the employee to take 5 days leave, you will be required to give 10 days notice.

Unless the Contract of Employment or Employee Handbook provides differing notice provisions.

How Do We Account For The Bank Holidays? Again, assuming that the Government provide clarity that annual leave does not interfere with the furlough leave, a bank holiday should be relatively simple.

Although, the question that confuses the matter is one related more to the payment of leave. Do you make payment at 100% and not make a claim for furlough? Do you make payment at 80% as normal through the Furlough Scheme? or do the

Can Annual Leave Be Carried Over To Future Annual Leave Years? Once the furlough ends, employers may find themselves potentially with a workforce that hasn’t taken much of their annual leave which could leave them with a staffing challenge for the remainder of the year. So, what provisions have been made here to assist employers? For those that are workers in key industries, the Government have allowed for 4 weeks to be carried over the following 2 annual leave years.

There has been no actual provision to allow carry over for other employees outside of those categories at this point, although it is expected. Therefore, currently we should be working to ensure that all employees take their minimum allowance (currently 5.6 weeks inclusive of bank holidays) within the leave year.

Can I Extend My Annual Leave Year?

Technically you could extend your leave year, with the agreement of the workforce, so for example, a leave year that ends in December, could be moved to end in June, so that future leave years could start and end in June, so long as the employee faces no detriment in terms of accrual of leave.

Please remember that this is an entirely new provision recently introduced to the UK, so there are going to be questions and uncertainty throughout this period.

Clarification on the finer details of the application of the scheme will be required, which we are confident will come over the coming weeks.

In the meantime, please continue to talk with NucleusHR and they will do their very best to walk you through this wobbly path.

For further advice on how best to handle Covid-19 in your business, please contact NucleusHR on 07960 418494 or email toni@nucleushr.com

LEAP is the best system for lawyers and staff to work from home

Book an online demonstration: leap.co.uk/work-remotely

OPINION

EMBRACE REMOTE WORKING WORK FROM HOME WITH CONFIDENCE AND EFFICIENCY. the office and giving them flexibility which can mean your team is more fulfilled and motivated.

The next generation of lawyers demand this use of remote and mobile technology and won’t consider working for a firm that does not have a laptop and mobile dominated technology structure with remote working as part of the practice culture.

Here are some “dos” and “don’ts” about remote working: DO: • Have remote working as part of your business culture – make it the ‘norm’.

• Realise that a happy remote worker is a productive team worker.

• Fully include people as active participants in video conference calls.

• Make colleagues aware of your schedule.

• Communicate goals and objectives throughout your whole team.

• Realise when it’s best to use email/ chat/phone/video conferencing John Espley, LEAP UK CEO writes about the rise of remote working and the long-term benefits it can bring to a law firm.

The culture of remote working is fast becoming the norm for most companies. There are occasions when remote working is a necessity, for example when there are travel problems, bad weather, flooding, power outages, health issues or office closures.

During times of disruption, it is essential that your practice and staff are able to continue working as normally as possible. By ensuring your practice is able to function when people are working remotely, you will help protect your business from external threats.

Forward thinking practices are implementing remote working policies to ensure business continuity and productivity – empowering employees to continue performing business-critical operations remotely and managing business as usual.

Implementing the correct technology is one factor that is playing a vital part in helping to facilitate this move to working from home.

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Cloud technology is by no means new and has become a game changer in that people can be just as productive at home as in the office.

Cloud-based practice management software enables a legal professional to work anywhere and anytime and from any connected device.

A practice needs legal software that: • Enables full management of matters and access to key information away from the office.

• Allows realtime collaboration with colleagues across various locations.

• Provides smartphone apps that allow your team to work and stay informed anywhere.

• Keeps your practice fully operational even in exceptional circumstances.

Remote working is not just about a contingency if people can’t physically be in an office. It’s the burgeoning trend of making staff more able to perform their roles without the shackles of a daily commute, enabling them to work from outside

• Help staff understand how the technology works and how to set up new systems at home DON’T: • Assume that because someone is at home that they are on the sofa watching the TV • Let someone be the only remote person on a poor-quality video call.

• Leave people out of key office conversations or communications.

• Leave it solely to the individual working remotely to ensure that their technology and software is secure.

Developing a remote strategy for your practice makes it easier for legal professionals to collaborate without being limited to their office desks.

Remote working makes it irrelevant where work is done and gives added flexibility, be it office, home, on the move or at court.

LEAP Legal Software has been helping small to mid-sized law firms to become more efficient and profitable for more than 25 years and has more than 14,000 users in the UK. www.leap.co.uk

TWO NEW RECRUITS FOR CALLING ALL LOCAL ARTISTS the lockdown IRWIN MITCHELL’S FAMILY With forcing many of us to spend more time at LAW TEAM home, Birmingham Irwin Mitchell has recruited a new senior associate and associate to its top-ranked Birmingham Family Law team. Senior associate Fiona Farrell and associate Marie Kilgallen both join from Shakespeare Martineau’s Birmingham office. With over 13 years of experience, Fiona is an expert in handling a range of family cases, especially those involving complex international elements, high-value finance issues and Children Act cases.

Fiona and Marie join a Top-Tier team, according to leading independent legal directories The Legal 500 and Chambers & Partners. Under partner Clare Wiseman’s leadership, the team has grown recently with the arrival of partner Zahra Pabani in November 2019 to become one of the largest Family Law teams in Birmingham.

The Birmingham team has been involved with major cases including Hart v Hart, where partner Sarah Balfour was successful in the Court of Appeal securing her client her divorce settlement, and Brack v Brack where Clare appeared in the Court of Appeal.

Museums Trust has moved this year’s Inspire Art competition online to encourage people of all ages to get creative for their well-being and be inspired by what they can see.

Inspire 2020, is the fifth annual competition and, for the first time, there are no age restrictions. The theme is ‘What I Can See’ and has been designed to help us think differently about our surroundings - and even explore our imaginations and thoughts. Art submissions could be a poem, a still life, a painting in the garden, a portrait, photo, video, mud sculpture, or a pen drawing … there is no right or wrong! The competition is ideal for school pupils and families looking for activities to do together and for older learners who want to test out their skills, as well as anyone looking to find a way to get their creative juices flowing.

The Inspire 2020 deadline is Sunday 14 June. Submissions will be showcased online, with the aim of eventually showing winning entries at Birmingham Museum & Art Gallery, once it is back open.

Find out more about the competition, including information about prizes and a guide to submitting entries, at www.birminghammuseums.org.uk/blog/posts/inspire-20-now-open.

MONEYPENNY OFFERS FREE DIGITAL SWITCHBOARD SERVICE TO KEEP BRITISH BUSINESSES TALKING Moneypenny’s Digital Switchboard system is fully automated and operates just like a traditional switchboard, without the need for a receptionist. The system can answer high volumes of calls and field them efficiently, directing callers to the appropriate person or department.

Featuring natural language speech recognition, the system puts callers in control by enabling them to self-serve with impressive accuracy levels. In the unusual event that the system doesn’t recognise a voice query, or an enquiry is more complex, the caller will be transferred to a failover option or a real PA at Moneypenny.

Legal firms can benefit from a free Digital Switchboard service as outsourced communications provider Moneypenny pledges to keep British businesses talking during the Coronavirus pandemic.

The offer will be particularly valuable to legal businesses where reception teams can no longer be office based or they do not have the technology to manage the switchboard remotely.

Joanna Swash, CEO of Moneypenny said: “We want to help companies during this challenging time, so we’re offering our Digital Switchboard services for free. Many are struggling to deal with the shift in call volumes due to the rapid switch to home working, and we’re on hand to make sure we can provide solutions to help maintain exceptional customer service.”

Bernadette Bennett, commercial manager – legal at Moneypenny said: “Many legal firms have put remote working plans in place in record time. Understandably, a lot of that focus has been on providing laptops and shared access to files, rather than the logistics of call handling and telephony. However call handling is a business-critical activity. Firms must remain accessible for clients and prospects, and for remote teams to be able to work productively. This is an unprecedented offer from Moneypenny and one that will help the legal sector face the challenges of the next few months.”

Digital Switchboard uses carefully designed AI voice technology and is the most advanced and accurate automated switchboard in the cloud.

With no hidden costs, Moneypenny is inviting all legal firms to find out more and use the service for the next three months.

To find out more visit https://www.moneypenny.com/uk/digitalswitchboard/ or call 0333 202 1005.

Terms: Offer cannot be claimed in conjunction with any other offers. Volume of daily calls per client is subject to a fair use policy. Optional call handling overflow support from Moneypenny PAs is chargeable. Moneypenny reserves the right to withdraw this offer at any point.

www.birminghamlawsociety.co.uk 13

REGULATION REPORT LOCKDOWN: TOP TEN COMPLIANCE ACTIVITIES WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS. I am writing this column as we begin week 4 of the lockdown.

My sincerest wish is that, by the time you read this, the advice will be redundant and that we will be out of lockdown and back to normal operations. If not, here are 10 suggestions for compliance activities during the lockdown.

1. LAW SOCIETY GUIDANCE The Law Society has been showering us almost daily with high quality and practical advice and guidance.

We are reminded that the Society is staffed by many qualified solicitors and that it has access via its specialist committees to a vast repository of knowledge and experience. Make sure that you are signed up to all the email updates, review them and email your own staff with those of particular relevance to their practice area.

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2. OFFICE MANUALS & PROCEDURES The lockdown may create the opportunity to check your office manual and update references to the 2011 Handbook. Firms have been so busy since the new SRA Standards & Regulations were introduced on 25 November 2019 that they may not have had time for this tedious but essential task. Whilst business is slower, it might be the ideal time for COLPs/COFAs and office managers to comb through their compliance documents. Don’t forget to reflect the SRA guidance notes in the manual as well as the Standards & Regulations.

3. CONTACT WITH EMPLOYEES Keep in touch with your staff who are working from home by regular meetings scheduled in the diary via video link or by telephone. Human contact is important both to avoid staff feeling isolated and lonely but also to avoid staff soldiering on with work without supervision or discussion with peers. It can lead to mistakes and possible negligence claims or even allegations of misconduct. Although not physically in the office, try

into an office. For others it may mean working on the kitchen table. In either case the requirement for client confidentiality needs to be impressed upon staff. Laptops and any client documents need to be secured. Laptops must be locked when unattended, even if only whilst making a cup of tea. Phone calls and online meetings must be held where they cannot be overheard. Bored children may find it amusing to share sensitive client information with their friends!

8. AML The SRA continues with its audits of firms’ AML procedures and policies even during the lockdown and are requesting copy documents to be provided by email from some firms. The most likely request will be for you to send in your revised AML risk assessment form, so review this now in the light of the advice provided by the SRA as to what they will expect to be in place. You should also consider updating your policy if you are subject to the Money Laundering Regulations in the light of the amendments required by the Amendment Regulations which took effect on 10 January 2020. On both issues see the AML section of the SRA website - https://www.sra.org.uk/home/ hot-topics/anti-money-laundering).

9. SRA GUIDANCE

and create a feeling of togetherness.

Some firms have business meetings online and also social meetings online such as coffee and cake or even a quiz – whatever it takes to keep in touch.

3.6 Code for Firms). COLPs should carefully consider when and how to report and if in doubt seek specialist external advice. Above all, the approach and decisions taken must be documented.

4. SOCIAL MEDIA

6. ACCOUNTS RULES COMPLIANCE

With more time on our hands, the use of social media has increased exponentially during the lockdown. Now may be the time to remind staff of your social media policy and the fact that the SRA can take action even if posting in a personal capacity. The media has reported upon a law firm dismissing a left leaning paralegal who posted unpleasant comments about the Prime Minister “deserving” his recent illness. Staff need to be reminded that care and restraint are the watchwords when posting on social media platforms.

As well as agonising over the financial stability of the firm, the COFA should be maintaining a close watch on the bookkeeping function of the firm to avoid Accounts Rules breaches. Now is the time to make sure the COFA understands how the firm’s accounting software works and can operate it if the cashier is away from the firm. There has been a myriad of cases before the SDT over the years where Accounts Rules breaches have occurred because the bookkeeper has been off due to illness and no-one else in the firm has the faintest idea about what to do in their absence. Very regular reconciliations of both client and office accounts provide a simple and effective method of checking on compliance in this area.

5. SRA REPORTING OBLIGATIONS Although The Cube is closed, the SRA continues to operate remotely and the obligation to report concerns to the SRA has not disappeared although the need to report “promptly” may be relaxed. The most likely concern during lockdown is the duty to report financial difficulty (Rule

Although not as frequent and as extensive as the Law Society guidance, it is worth checking the SRA’s common compliance queries arising from the lockdown. Subjects such as delay in delivering your accountants’ report and loss of key role holders such as MLRO are covered at https://www.sra.org.uk/sra/ news/coronavirus-qa 10. LOOKING TO THE FUTURE The lockdown although unwelcome and frightening provides an ideal opportunity to step off the hamster wheel and think about the future. Firms should review the structure of their businesses. Pause and think about whether you need the overheads of office accommodation and branch offices; non-fee earning staff and less profitable work. We may learn something positive from this crisis after all to help us with the future prosperity of our businesses but in the meantime stay safe.

7. CLIENT CONFIDENTIALITY For some working at home means a separate study which can be converted

Jayne is also a director of Infolegal Ltd www.infolegal.co.uk which provides compliance services to law firms www.birminghamlawsociety.co.uk 15

OPINION SUPPORTING THE CONVEYANCING INDUSTRY While at the start of the year, Brexit was considered as one of our main concerns or risks to the property market, everything has changed so quickly and clearly there are now far greater concerns challenging us all. With the Coronavirus outbreak taking hold, the nation is facing unprecedented times and, of course, the UK’s property market is facing uncertain times as a result writes Tony Rollason, Regional Manager – Legal, Landmark Information.

Whilst movement in the market has inevitably and significantly reduced, there are still cases where transactions are possible. Many mortgage lenders have provided a three month delay option, for those buyers who had already received an offer and had exchanged. The government has also said that where buyers and sellers have moved to exchange of contracts, the option to postpone completion rather than pull out of a transaction is being actively encouraged.

In addition, where a property is in a vacant position, such as a new build, or no move is technically involved and the transaction is more of an investment, it has also been said that the completion may go ahead, on the basis that any removals that occur are carried out in accordance with social distancing rules.

16 www.birminghamlawsociety.co.uk

In times like this, firms that are continuing to operate are remaining agile and are open to alternative approaches to continue making progress. Examples include aligning themselves with developers, auction houses and the investor community. It’s also a great time to be doing commercial due-diligence on land and property portfolios; re-assessing environmental risks, ownership, surrounding planning applications and anything else that may impact value.

The free RVR re-order service aims to provide complete peace of mind to home movers and property professionals, by enabling a report to be re-ordered any time up to 12-months from the original order date. So, in these times of uncertainty, the very latest due diligence can be re-assessed prior to completion, once lockdown is lifted, and takes in to account any recent environmental changes that may have occurred that the buyer will want to know.

Of course, for people wanting to move house, being able to physically view properties isn’t a consideration, so we are seeing more agents offer ‘virtual viewings’ using technology. Physical surveys aren’t possible and so the use of automated valuations are also a consideration, when it is deemed appropriate by the lender.

By offering property lawyers and conveyancers the opportunity to reorder environmental due diligence reports for free, home buyers can take comfort in that fact that the very latest search data is being assessed. It also means they will be in the most informed position possible, ahead of what will be one of the greatest investments they are ever likely to make.

We’ve also seen conveyancing search companies step-up to offer continuity solutions that aim to provide property lawyers with a viable alternative to help keep residential transactions moving in the right direction, including dedicated options for remortgage and new build cases.

We are all confronted with facing the most extraordinary times and so, our aim is to help support the UK’s residential conveyancing industry through this wherever possible. We are here to help in any way we can and I send my personal best wishes to you and your families at this uncertain time.

In recognising the issue facing property transactions, at Landmark, we are reminding conveyancing professionals that a free re-order service is available for our all-inone environmental report, RiskView Residential.

www.landmark.co.uk Tony Rollason is a Regional Manager of Landmark Information, which is the UK’s leading provider of land and property search information, including digital mapping and environmental risk reports for property professionals.

to analyse your web pages, content and edit/remove irrelevant ones. Do you have content on every area of service that you offer and do you have the SRA digital badge.

ENHANCE YOUR PRACTICE'S MARKETING IN LOCKDOWN It is important everyone stays safe, but we shouldn’t shy away from talking about marketing during this time, after all the successful nature of your firm ensures your staff are paid and families are provided for going forward. Marketing at this time is critical, especially when there is some uncertainty in the market. Ben Trott at Marketing Lawyers has put together a range of ideas and feedback from what firms are focussing on.

Range of online content – Keeping a constant stream of search volume targeted content is essential, in order to try and show up for exactly what questions potential clients are searching for on Google.

Mystery shopping – Have you checked your process, phone lines and enquiry handling strategy is actually working. How are you monitoring what is coming in and converting on a daily or weekly basis? Start with a spreadsheet.

Outsourcing telephone lines - 24 hours – If you do not already do this you should as you are potentially missing out on lots of work that could be captured by this simple service. We are receiving lots of calls after 6pm from law firm owners, partners and directors.

Who is dealing with your new enquiries?

– Are your front-line staff trained on what areas of law you can take on, who has been furloughed and where to send new enquiries? Make sure you know what is being said as work could be accidentally turned away.

Online meeting bookings & payments – Can clients book a video meeting and pay online? This will be the new norm as lay clients have been forced into adopting video as the standard communication tool, in both their personal and professional lives.

Digital marketing on Google (PPC- Pay Per Click) – There will be an increasing amount of people searching from home and so search volume will be on the rise. Even if you think an area of service will slow down, there are lots of opportunities. If you aren’t advertising on Google for your services, now is the time to start. PPC (Pay-Per-Click) allows you to keep the flow of leads coming in and you only spend when someone searches for advice and then clicks on your advert. There is no wasted budget from having your advertising on. We know of many firms increasing their spend and adding campaigns to help keep their firm busy during this period.

Good chance to update your website pages – Think about using any downtime

Too much ‘Covid 19’ content - Everyone's pumping out content, but are you actually receiving enquiries? Are you tracking? – Tracking your marketing efforts shouldn’t be painful. Modern tracking now enables you to know exactly where your marketing spend is producing a return on investment (ROI). Some firms are better off putting time and effort into generating calls and enquiries rather than content. Content is only useful if people are finding it on Google, seeing it via an email marketing strategy or if current clients are finding it insightful. If it is not generating any return, there are other options to consider.

Diversification - Some firms are expanding their areas of work and diversifying into other complementary areas they have experience in. Ask your staff if they have experience in other types of cases that you could market.

Future tenders – Some firms are starting to think about future Legal Aid or other tenders Financial billing – Cash collection and lockup are being tested across the board. New policies and procedures are being installed in many firms.

There is a drive into videos/ vlogs – Now is the best time to create a library of short and snappy videos that answer client questions, but you must ensure that they are of a certain quality. Vlogging is now more important than ever as people often want to watch a video rather than reading a page of content. Videos can then be embedded in your website and put on YouTube, which can boost your SEO along with providing great content for social platforms.

Award submissions & reviews – Whilst fewer people are submitting to the traditional directory submissions, more firms are rightly concerned about testimonials and reviews from clients being featured prominently on their website. The collection and response to reviews has been a focus for a few firms, especially public facing Google My Business reviews.

FREE 30 MINUTE MENTORING FOR BLS MEMBERS Business Marketing Specialist Agency, Fraser Urquhart Media, publishers of Bulletin, are offering free, 30 minute mentoring sessions for anyone looking for advice on how to enhance their businesses marketing during and after the outbreak. Talking to your customers, appealing to new ones and promoting what you do as a business in an engaging way

is what will give you the very best chance of surviving this difficult period and emerging in fighting-shape on the other side. Those that quietly hibernate will be slower to respond, giving you advantage when the good times return. Email jon@fu-media. co.uk or kevin@fu-media.co.uk to book your appointment or call them on 07713 740 272 or 07725 809 654

www.birminghamlawsociety.co.uk 17

SPOTLIGHT ON: Birmingham Law Society has 14 professional committees, dealing with different areas of legal practice and/or areas of common interest to the profession.

They are the engine room of the Society, undertaking work that keeps our members updated with developments in their areas of law; ensuring they are well connected with key stakeholders such the courts, police and other bodies and representing their interests, and those of their clients, to Government, regulators and others. All of our committees are made up of volunteers drawn from the Birmingham legal community.

In this issue we shine a spotlight on the work done by the Family Law Committee chaired by Claire Darley, Higgs & Sons.

A full list of Birmingham Law Society’s committees can be found on our website, along with contact details of the committee chairs.

If you are interested in joining a committee, please do get in touch with the chair.

What is the role of your committee?

The Family Law Committee is an inclusive and thriving committee made up of a solicitors, barristers and a Judge, who come together on a bi-monthly basis to discuss issues relevant to family law practitioners and their clients.

18 www.birminghamlawsociety.co.uk

BIRMINGHAM LAW SOCIETY’S FAMILY LAW COMMITTEE

Tell us about some of the main events/activities that your committee has worked on in the last year?

The highlight of the last 12 months was the record turn-out at our conference in October last year. The President of the Family Division, Sir Andrew McFarlane attended and spoke to the subject of “well-being”.

The well-being protocol produced by Birmingham Family Court has been the subject of much interest.

Whilst this is pertinent to all professions, this is something which, following the cuts to legal aid, has in particular, had an impact on the criminal and family justice system.

Years of lack of funding in the legal aid system has led to lawyers undertaking longer hours at work for less pay. This and also the lack of funding to legal services generally has been thought to add to stress.

The awareness of the impact on mental health has been particularly publicised in the press over the last year.

What would you say will be the biggest issue in the area that your committee focusses on in the next 12 months?

There are exciting innovations and themes which present as challenges for the future.

We have seen the development of processes for resolving disputes, to keep disputes out of court where possible to relieve the court’s already overstretched resources.

The aim is better outcomes for families. Issues may involve the resolution of arrangements for children or property and finance claims following family breakdown.

When cases do enter the family court, there are now innovations in place which have changed processes for obtaining a divorce.

This can now be accessed via an online system.

All law firms practising family law in Birmingham and the regions are encouraged to sign up to the “online pilot” to file court applications, to improve the efficient processing of cases.

We are incredibly fortunate in Birmingham to have a Specialist Financial Remedy Court, led by His Honour Judge Rowland. When issuing a financial claim alongside divorce, we can ensure that the case is heard from a judge who is a family law specialist to ensure the appropriate allocation of resources to a case.

Funding has been granted and plans are well underway for the launch of a PILOT court, for a Family Drug and Alcohol Court (FDAC) in Birmingham, to assist families in the court process.

Are you up-to-data?

Don’t get caught out when property transactions are delayed If a property transaction is taking longer than expected, there’s a significant risk that something might have changed since you ordered the search reports. No problem. To give your customers peace of mind that you’re assessing the very latest environmental data prior to completion, we’ll give you an additional, up-to-date version of our RiskView Residential report for FREE.

Job done.

However long a transaction takes, RiskView Residential has got you covered.

Contact your Landmark Account Manager or search provider for details or visit www.landmark.co.uk/landmark-legal/riskview-conveyancer

RiskView Residential is Landmark’s gold standard, all-in-one environmental search report, used by property lawyers to assess a wide range of potential hazards on behalf of prospective purchasers.

These include flooding, ground stability, contaminated land, energy and infrastructure.

OPINION CHANGING THE LOCKS DURING LOCKDOWN: THE CORONAVIRUS ACT 2020, COMMERCIAL PROPERTY & FORFEITURE In recent years the rise of e-commerce has challenged the traditional High Street model as we know it. The high attrition rates on the High Street have been widely reported. For those retailers who have sought to avoid closing their businesses, Company Voluntary Agreements (“CVA’s”) have become popular in order to allow shops to keep trading, writes Charles Irvine and Rebecca Farrell of 3PB Barristers.

As a result of the above, the conditions under which commercial landlords and tenants were operating at the start of 2020 was challenging and often uncertain.

This situation has been exacerbated by the coronavirus pandemic and the associated lockdown. The Coronavirus Act 2020 (“the 2020 Act”) is the first piece of legislation to modify existing legislation in response to the pandemic.

THIS GUIDE AIMS TO PROVIDE: a. a summary of some of the rights of commercial landlords and their tenants, both prior to the 2020 Act and after its enactment, and; b. to offer practical solutions to both.

This guide is an overview of the law and is not a replacement for formal legal advice tailored to your specific query. If you seek further information, please contact 3PB Property & 20 www.birminghamlawsociety.co.uk

Estate’s clerking team by emailing mark.heath@3pb.co.uk or calling 0330 332 2633.

b. upon the landlord being entitled to exercise the right to forfeit for rent arrears in accordance with the lease.

THE POSITION PRIOR TO THE 2020 ACT If a commercial tenant is either (1) in breach of a condition of the lease; or (2) is in breach of a covenant contained within a lease and the landlord has expressly reserved the right to do so, the landlord will be entitled to forfeit the lease.

Once the right to forfeit is established the landlord can either peaceably re-enter the premises or commence possession or alternatively forfeiture proceedings. Again, specific advice should be obtained relevant to the landlord’s particular circumstances prior to electing to take either step, for example, there are issues which need to be considered in the event that the landlord wrongfully re-enters the property.

Generally, a landlord can only forfeit a lease upon service a notice under section 146 of the Law of Property Act 1925 (“a Section 146 Notice”), which will allow the tenant time to remedy the breach. The major exception that applies is where there is non-payment of rent: a Section 146 Notice need not be served.

Upon discovering the breach, the landlord must elect whether to forfeit the lease or treat the lease as continuing. The courts have dealt with a number of cases regarding whether a landlord has waived the right to forfeit the lease (for example, by continuing to accept rent after discovering the breach) and advice should be sought to ensure that the landlord’s position is protected during this time. It should also be noted that a waiver of a right to forfeit does not mean that the landlord completely loses its ability to pursue a defaulting tenant. For example, a landlord can bring a claim against a tenant for damages on account of breaches of the relevant lease in the usual way.

These options are explored more below.

Forfeiture arises, either upon: a. expiry of a Section 146 Notice or;

If a tenant has received a Section 146 Notice or is facing forfeiture proceedings, it may be appropriate to apply for ‘relief from forfeiture’.

The aim of such an application is to obtain an order which puts the tenant back in the position it would have been in if the forfeiture had not occurred. Again, the tenant should seek specific tailored advice as to its particular case.

THE 2020 ACT Section 82 of the 2020 Act applies to tenancies which are or would have been governed by Part 2 of the Landlord and Tenant Act 1954 (“the 1954 Act”), which in broad terms means business tenancies (including those where the parties have expressly excluded the 1954 Act).

From 26th March 2020 until 30th June 2020 or such later date as specified in a subsequent regulation (“the relevant period”), where there is non-payment of rent under a business tenancy, a landlord: a. cannot enforce a right of re-entry or forfeiture on the basis of non-

payment of rent; but b. will not be regarded as waiving its right to re-entry or forfeiture for non-payment of rent, unless the landlord has provided an express waiver in writing.

If a landlord began proceedings prior to 26th March 2020 to enforce a right to re-entry or forfeiture for non-payment of rent, any order made by the High Court granting possession to the landlord will set a date after the relevant period (i.e. after 30 June 2020), or such later date as may be specified in a subsequent regulation.

Similar provisions apply for orders made in the County Court (see section 82 of the 2020 Act for further details).

Aside from the right of re-entry and forfeiture based on non-payment of rent, the 2020 Act contemplates applications for renewals and/or the continuation of existing tenancies under the 1954 Act. In circumstances where a landlord has opposed a tenant’s application for a new tenancy in view of the tenant’s persistent delay in paying rent under section 30(1) (b) of the 1954 Act, it is not possible for a landlord to rely on any failure to pay rent during the relevant period.

It is notable that the 2020 Act does not appear to prevent a landlord from enforcing a right of re-entry or forfeiture for other purported breaches of covenant.

This is likely to be particularly useful to both landlords and tenants where the opportunity to use self-help remedies arise.

There are two caveats to this. Firstly, in the Explanatory Notes to the 2020 Act, it is noted that the moratorium only applies to non-payment of rent; however, other breaches of the lease “may be linked to cash flow issues or Covid-19 problems; for example, the breach of a ‘keep open’ clause in the lease requiring the tenant to keep their premises open. In practice, the protections afforded by the Act should help protect such a tenant”. Yet there is no such protection afforded in the 2020 Act itself and it remains to be seen whether there will be cases testing the wording of the 2020 Act on this point.

Secondly, the greatest challenge that a landlord may practically face in the present climate is accessing the courts to pursue a claim. On the one hand, the courts and tribunals have been consolidated into fewer buildings and established categories of work that must be done versus work that could be done. On the other hand, the courts and tribunals are adapting to this new reality and are conducting some hearings remotely. It will be necessary to consider on a case by case basis whether it is worthwhile commencing proceedings presently.

FACTORS TO CONSIDER FOR LANDLORDS If you are a landlord and your tenant has failed to pay you rent, the 2020 Act does not prevent you from trying to recover that rent. For example, you could:

- bring proceedings against your tenant for rent arrears; - issue a statutory demand against the tenant for the rent arrears (if there is no dispute as to the amount of arrears); - present a winding up petition for rent arrears, without the need for a statutory demand (if there is no dispute as to the amount of arrears); - if there is a personal guarantee for the rent, bring proceedings or issue a statutory demand against the guarantor; - recover any rent arrears from any deposit held by the landlord (subject to the terms of the deposit); - use the commercial rent arrears recovery (CRAR) process under Part 3 of the Tribunals, Courts and Enforcement Act 2007.

possession proceedings whilst the 2020 Act is in force. However, you will still be liable to pay your landlord for the rent.

It is recognised there may be some practical challenges and delays in litigating in the current climate and so you are encouraged to seek advice on how the courts are operating presently. However, at the time of writing, bankruptcy and winding up petitions are proceedings before ICC Judges sitting in the Rolls Building, London (see 3PB’s Note on the Temporary Insolvency Practice Direction, here).

If you have received a Section 146 notice, you will need to comply with it.

However, if there is a good reason for not complying with it, for example, if a landlord is requiring you to do something that is not required under the lease (such as the landlord is requiring you to repair common parts of a building which the landlord has the obligation to repair under the lease), you may wish to seek an injunction to prevent forfeiture.

If you are a landlord and your tenant is otherwise in breach of the terms of the lease, the 2020 Act does not prevent you from bringing a claim for possession/ forfeiture upon expiry of a Section 146 Notice (as detailed above) or bringing a claim for a debt/damages in the usual way.

However, before taking those steps and given the present landscape, it is worth considering:

If forfeiture has already been enacted, you may wish to apply for relief from forfeiture.

- is there a provision under the lease which will allow you to remedy the breach and recover those sums as a debt (rather than damages), that might better suit your aims?

- will you be able to find a new tenant straightaway?

- will you be able to finance the outgoings prior to finding a new tenant (for example, rates, insurance, utilities)?

- will forfeiture release any third parties (for example insurers or guarantors) from any liability to you?

- will you be able to make use of vacant possession of the property to fulfil other plans for it (for example, demolition or redevelopment or own use)?

If you are a landlord and wish to make the most of the lockdown by forfeiting the lease due to a technical breach of the lease by the tenant (for example, the tenant’s breach of a “keep open” clause), this may present an opportunity for you; however, there are clearly risks involved in taking this action if the legislation changes prior to you evicting your tenant or if your lease has a provision protecting your tenant in these circumstances.

FACTORS TO CONSIDER FOR TENANTS If you are a tenant and you are in default of your rent obligations under the lease, you will be protected from forfeiture/

If you are a tenant and you are in default of other obligations under the lease, you will be at risk of a Section 146 Notice and eventual forfeiture. If your landlord is relying on the lockdown to find you in technical breach of the lease (for example, a provision in the lease requiring you to “keep open” between certain hours, which you are in breach of to comply with the Government’s guidance to remain closed) thereby justifying forfeiture, you should seek advice on what steps you should take next. The landlord may be overlooking other provisions in the lease which protect you in these circumstances.

Before taking any of the above steps, you may want to consider: - can you vary the existing lease to remove any onerous conditions? For example, given the climate, your landlord may be willing to accept a lower rent so that it does not have a void property; - can you obtain consent from the landlord to sub-let the property?

- can you surrender the lease to bring your obligations under it to an end?

- do you need to enter into an insolvency arrangement (for example a CVA)?

- are there any personal liabilities which you will be exposed to if you default in your obligations under the lease?

Charles Irvine and Rebecca Farrell are both barristers in 3PB Barristers’ Property & Estates team. Both are regularly instructed in commercial and residential landlord and tenant matters in the High Court and County Court; and also receive instructions on other real property and private client work. 3PB’s Property & Estates team, with a 30-strong team of barristers, provide court representation and advisory work for clients ranging from FTSE 250 companies and property management companies to developers and individuals. We also act for large institutions such as insurers, local authorities and registered providers of social housing.

To discuss your Covid-19 options or to book a video conference or call with Charles or Rebecca, please contact James Parks james.parks@3pb.co.uk or Mark Heath on mark.heath@3pb.co.uk or call on 0330 332 2633

OUT OF HOURS

STEP BACK IN TIME A stalwart on the hippy trail back in the swinging Sixties and known as the ‘Paris of the Sahara’ Morocco lies in the northwest of Africa and directly in line with the straits of Gibraltar. It’s a country reaching for the future but steeped in the past. It’s a fascinating juxtaposition that will leave you wanting more, as Kevin Urquhart discovered recently when he visited the ancient city of Fes.

Fes is Morocco’s oldest city. Just two and a half hours flight into Fes Saiss airport with Air Arabia, you could have been transported back two and half thousand years into a biblical setting with tiny, oppressive cobbled streets in a bewildering maze; spluttering street lighting and thousands of anonymous doorways. So atmospheric is it – and, it turns out, culturally significant – that the entire city of Fes has been declared a UNESCO World Heritage Site and much-needed investment is being ploughed into the walled-city to preserve and protect. And as you begin to explore the city, you begin to understand that this investment is destined to give this city its future, by retaining its past.

Not for the faint hearted nor the lily-livered jetset wanting a sanitised cocktails and chill holiday, visiting and staying in Fes is an assault on the senses and, to get the very most out of your experience here, we’d urge you to employ the services of a local tour guide.

Without them, you simply won’t get the very best out of your time here and will, without question, get lost. So labyrinthine-like is Fes that even Google gave up on trying to geo-map it.

It’s very clear, very quickly why this city is of such significance: it’s Morocco’s oldest walled town or 22 www.birminghamlawsociety.co.uk

medina - 1200 years old to be precise. 600,000 people live here and it’s the site of one of the oldest universities in the world – 859AD, founded by Fatima. There are no cars – everything is transported by donkey and cart; no machinery – everything is hand or sometimes, foot crafted and the preferred method of healthcare is traditional herbal remedies and potions sold on stalls within the souk. Our guide tells us that the Medina operates as a co-operative society where money is earned and recycled within its protective walls. Despite popular belief, it’s a matriarchal society where Mama runs the house and the kids, and where the men are sent out to work and provide for the family. It’s a longheld tradition in Fes that the larger the family, the more chance you have of survival, but the lack of support system is painfully evident at times primarily by the large numbers of beggars visible throughout the city.

A relatively poor city compared to Marrakech or Rabat (the capital), Fes is home to 272 mosques, numerous palaces and is considered to be ‘living history’. And this is why you must forgive it the occasional stench of urine, the donkey poo on the floor, the unpredictable street lighting and gaping crevices in the pavement. It is an industrious city and one with a good heart.

E: FES

If you are shy, retiring and easy to convince, this isn’t the city for you - or at least not as a solo traveller. The persuasion skills of the traders are relentless, but not without humour. Be prepared to barter. That said, we had been told that goods could be bought for 75% less than the opening gambit, but we struggled at 50% as the traders are fiercely proud that everything they sell has been hand-crafted here in Fes. That said, you can bag some bargains as the 13th century Widows Cooperative.

Here, over 1365 women – divorcees or bereaved – weave the most magnificent and colourful rugs and Berber carpets, some of which can take years to create.

So highly regarded are they that buyers from stores such as Harrods will buy here – at a fraction of the price they then sell them on for (for example, a hand-woven rug may cost the equivalent of £1500 in Fes, but can be retailed at more than £12,500 in UK). This Widows Cooperative has UNESCO protection specifically and is a must-see. Handily, DHL can ship your purchase home for as little as £60.

Another mustsee is the Tannery. Be sure to accept the sprig of Mint you are offered as you enter, as the smell is heady – and even more so in the summer when temperatures in the Medina can reach more than 40-degrees. This blistering heat is also why the houses in the Medina are so tightly packed – to create natural airconditioning even in the height of the midday summer sun.

Here, you are given a birds’ eye view of how animal skins are prepared and dyed for eventual use in clothing and textiles.

You’ll see more than 270 men employed in back-breaking work, transforming the fresh-from-the-slaughterhouse skins into soft, supple and highly coloured leathers ready to be transformed. This truly is a breath-taking experience and one unlike anything you will have seen outside of Fes. As you’d expect, you can buy these leather goods: wallets, purses, bags and clothing here, too.

Although aspects of Fes can be a little basic it does have its luxury side too. We stayed at Riad Fes, a luxurious retreat in the heart of the Medina. Riad Fes comprises five buildings dating from 1890

but redeveloped as one complex and behind an anonymous wooden door.

Each of the former buildings offers a different architectural style and finish, built around an internal courtyard with tinkling fountains, courtyard swimming pool, spa and tropical gardens. This anonymity is a typical feature of Fes and masks, they say, great wealth behind (some of) the closed doors. But in truth, there may be an elite aspect to the city, but for the majority, they are living and working below the breadline.

Summing up Fes, it’s a mind-blowing assault on the senses. It is, quite literally, like stepping back into time. It’s maze of fragrant streets with kittens playing in the dirt; the beasts of burden ferrying rugs in and out of the walled Medina and goodnatured haggling.

It’s a city so unique that everyone should visit it at least once. We’d recommend it as part of a Moroccan tour encompassing Marrakech and the Atlas Mountains.

GETTING THERE: We flew with Air Arabia. www.airarabia.com/en

STAYING THERE:

We stayed at Riad Fes in Fes. Room rates start from £150 off peak.www. riadfes.com

WHILE IN FES:

Check out the stunning five-star Hotel Sahrai with its panoramic views of Fes town and home to the Givenchy spa.

Try the Hammam for an exceptional, traditional massage. www.hotelsahrai.com

OUT OF HOURS RECIPE: LEMON AND THYME LOAF CAKE This yoghurt-based loaf cake is a perfect light bake. This version is lemon and thyme, but you can mix it up with orange zest and ground cinnamon or lime zest and desiccated coconut… Lovely with a sour cream lemon icing but it works equally well as a drizzle cake or just a sponge.

PREP TIME: 30 MINUTES COOK TIME: 45 MINNUTES SERVES 6 – 8 INGREDIENTS 140ml vegetable oil (you can use olive oil if you want the flavour) 300ml plain or lemon flavoured natural yoghurt 3 large Burford Brown or Old Cotswold Leg bar eggs or 2 Braddock Whites 1 teaspoon almond essence A few sprigs of fresh thyme or lemon thyme 280g self-raising flour, sifted

½ teaspoon bicarbonate of soda 240g caster sugar 2 tablespoons runny honey Zest of 6 lemons 200g full fat cream cheese 150g icing sugar, sifted 50g sour cream

Spoon the mixture into the tin and place in the oven, bake for 45 minutes or until risen and golden. Insert a skewer into the centre, if it comes out clean the cake is ready, if not return the cake to the oven for a further 5 minutes.

METHOD Pre-heat the oven to 165c/ 325f / gas mark 3.

Once cooked, allow to cool in the tin on a cooling rack for 45 minutes then remove from the tin and cool completely.

Grease and line a 1.5 litre (2 lb.) loaf tin with baking parchment. NOTE (loaf tins differ in surface area, this recipe is for a high sided, traditional angled tin. As long as the raw mixture comes up ¾ of the way up the tin you’ll get a good even rise when baked.)

Place the oil, yoghurt, eggs, essence and few finely chopped thyme leaves into a mixing bowl and mix well until combined. Stir in the flour, bicarb and sugar until well combined then add the honey and the zest of 4 lemons.

Meanwhile make the icing. Beat the cream cheese and icing sugar together until smooth, stir in the sour cream a little at a time and zest of 1 lemon until smooth and spreadable. Transfer to a small bowl and place in the fridge until needed.

When ready to assemble, place the cake on a board. Top with the chilled frosting, scatter over a few thyme leaves and the remaining lemon zest.

Slice and serve.

GET COCKTAIL CREATIVE THIS LOCKDOWN We've made use of the lack of commute time to convert an old disused potting shed into garden bar so, we’re going to need to brush up on our cocktail making skills for when this is all over. Here's some fruity recipes we can't wait to try!

BLACKCURRANT DAIQUIRI 50ml White rum 25ml British Cassis 15ml Lime juice Blackcurrants Add ice to a cocktail shaker, filling threequarters full. Add all the ingredients, cover and shake. Strain into chilled Martini glasses (without ice).

24 www.birminghamlawsociety.co.uk

QUEEN OF COCKTAILS 35ml British Framboise 35ml Dark rum Soda or Tonic water Shake well and pour over plenty of crushed ice. Top with Soda Water or Tonic and garnish with fresh raspberries and mint.

A light and fresh summer drink.

FRAMBOISE SPRITZ 35ml British Framboise 20ml Gin Prosecco Soda water Angostura bitters Fill a glass with crushed ice, pour over a good slosh of Framboise, a smaller slosh of gin and top with prosecco, soda water and a dash of angostura bitters.

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LAST WORD

MILTON: IMPOSSIBLE

Have you ever thought of doing a show of just the off cut jokes that didn’t make it into the final version?

‘Yes, I could even call it “off cuts”, couldn’t I? In fact, some would argue that that’s what I do anyway!’

When do you consider a joke ‘finished’? ‘When I’ve got an idea over in the minimum number of words, then I know it’s done.’

And what makes the perfect joke?

‘If a gag works, it makes a cartoon in someone’s head – a very brief picture where they think they know where it’s going, and then you pull the carpet from under them and it was all about something else all along. It’s reverse engineering from an idea or a phrase.’

Your last tour played to more than 100,000 people, and you’ve appeared on ‘Mock the Week’ over 40 times.

What’s more fun to do: a live show or a TV appearance? ‘They’re both good in different ways. Going to small place on a Saturday night where they’re all determined to have a great laugh – I don’t think that can be beaten, in one sense.

With radio or television, you’re as good as the edit, and it’s out of your control.

That may well work in your favour, or it may not. With “Mock the Week”, when I think I’ve done a bad show, I’ll watch it back and think, “oh, it was all right”, but when I think I’ve done a really good show I’ll watch it back and think, “oh, it was all right”. It all evens out.’

Interview: Ben Williams

Forget James Bond, Jason Bourne, Ethan Hunt – there’s a new spy in town. And he’s not dressed in a neat tuxedo or head-to-toe camouflage.

He’s wearing a garish Hawaiian shirt.

That’s right, Milton Jones – ‘Mock the Week’s resident oddball, Radio 4 regular and king of the surreal oneliner – is back on tour, and this time he’s an international man of mystery.

We caught up with the ‘Live at the Apollo’ star ahead of his UK tour to check he’s had the proper training.

The new tour is called ‘Milton: Impossible’. What made you decide on the spy theme? ‘Basically, I came up with the title before the show! I thought: “That sounds good!” So I made a rod for my own back by theming it. But sometimes it’s easier to write to a theme than have a completely blank page. The show is based on “Mission: Impossible”, but “Mission: Impossible” has a huge budget and lots of special effects. My show is just me and some hats and about 250 jokes. It’s low-tech instead of high-tech.’

So, like your last two tours – ‘Milton Jones is Out There’ and ‘The Temple of Daft’ – this show has a narrative element to it? ‘If you’re going to do a 26 www.birminghamlawsociety.co.uk

show for over an hour you can’t just tell bits. That’s what I do on “Mock the Week” and “Live at the Apollo”, which is fine, but you want something with the veneer of satisfaction, otherwise it’s too fragmented.

This show’s got an interrogation scene, a car chase with a swivel chair, and I end up escaping on top of a Vince Cable Car. It’s not strictly realistic, but it’s as daft as ever.’

Before touring, you perform work-inprogress shows to test your material.

How important are those previews?

‘They’re very important. Even after all these years, I’ll think I’ve written the best joke ever and it turns out to be one of the worst jokes ever – but what I’ve improvised off the back of it stays in the show. So I would have never got to point B without going through the dreadful point A.’ Do you end up with a lot of great jokes that just don’t fit into the theme or narrative of the show? ‘Yeah, I do.

There are about 250 jokes in the show, but I reckon I end up writing about 350.

A lot of them are then used somewhere else – in the next tour, on radio, on “Mock the Week” – so they’re never wasted.

And if they’re particularly brilliant then I might go out of my way to include them in the show!’

Do you always watch your ‘Mock the Week’ appearances back? ‘Yes, because I need to know what they used and what they didn’t. Doing several episodes, the same subjects may come back, so obviously I don’t want to say the same thing that has already been aired.

And then, occasionally, I’ll be channel flicking and I’ll come across myself, as it’s endlessly repeated on Dave. But I watch them from behind a sofa a bit.

I’m very grateful to “Mock the Week” for giving me a wider platform, and also a slightly different audience. It’s a younger audience, and those people will come to a tour show, sometimes even bringing their grandparents or parents.

My audiences are a motley selection of people, which I quite like, actually.’

You have another Radio 4 series in the works, the tour and more ‘Mock the Week’ episodes. What’s next after that? ‘I don’t have anything else planned! But who knows what will turn up. Sometimes the unexpected things that come along are the most interesting – other quiz shows, a corporate event abroad – things you wouldn’t have predicted. Doing “Celebrity Mastermind” or something, you know? You get to meet and talk to people you wouldn’t otherwise.’

‘Milton Jones in Milton: Impossible’ is at the Alexandra Theatre, Birmingham on the 18th October.

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