D&DLS 53

D&DLS BulletinDerby & District Law Society

www.derbylaw.net Jan/Feb 2015

Also in this issue: The Management Column • Skills Triathlon 2015 - Call for entries

Gold Patrons of the Society: Severn Trent Searches Professional Financial Centres

Quiz Winners 2014: The Short Planks from Astle PatersonFull story on p. 12

tel: 01785 616410 email: [email protected] Group, Rugby House, Brooms Road, Stone Business Park, Stone, Staffordshire ST15 0SH

The AMG group has been providing nursing care and medico-legal services since 1983 and is now one of the UK’s leaders in this field.

Case ManagementAMG case managers know that each client and their situation is unique and that’s why we provide a service which is designed specifically to meet the needs of individual clients and their families.

We work with clients to help improve their quality of life following a serious injury. We are involved in co-ordinating rehabilitation programmes for clients who require intensive support and assistance.

nursing reports,case management

The medico-legal sector of the company is AMG Consultancy Services Limited. Our care division is AMG Nursing and Care Services which now provides 21,000 hours of nursing and support care every week. Both companies operate from our head office in Stone, Staffordshire. AMG Consultancy Services deals with organisations throughout the UK and Europe, providing medico-legal advice.

Through our long-term knowledge and expertise of caring for people, we are able to provide a reliable

service to lawyers on all aspects of expert witness reporting.

We produce reports for quantum care, professional negligence, liability and loss of services. Over the years, we have been expert witnesses in more than 16,000 cases.

With our wide understanding of providing care combined with our highly experienced team of expert witnesses, the AMG group is an organisation with care at its core.

Medico-Legal ReportsOur multi-disciplinary team provides reports which address:• Past, present and future nursing and personal care• Resettlement and rehabilitation• Liability issues in the areas of nursing and healthcare• Physiotherapy• Speech and language therapy• Case management needs

Our experts prepare reports in the following areas:

• Care of the elderly• Tissue viability• Continence issues• Orthopaedic care

Many other healthcare areas covered.

www.medicolegalcare.co.uk

www.derbylaw.net 3

Contents

D&DLS BulletinDerby & District Law Society Jan / Feb 2015

EditorialJust as the snowdrops begin to emerge in the New Year as harbingers of Spring (they are out in my garden, at least), so the Society begins to emerge from the festive season lull to renew it’s activities, as evidenced by the contents of this Bulletin.

Although the Bulletin production schedule does not allow a full report and photographs to be included, on January 13th a very successful buffet luncheon was held at the Cathedral Quarter Hotel, hosted by President Sue Jennings and kindly sponsored by the University of Derby Department of Law & Criminology, to celebrate the centenary of the start of the campaign to allow women to be admitted to the profession. Former Law Society President and current President of Northants. LS Linda Lee gave an excellent speech outlining her own background and struggles and determination to become a solicitor – listening to her one began to think that Nicola Horlick is not the only ‘superwoman’ in professional circles! A fuller report and photographs will appear in the next Bulletin.

Since the last issue we have held the Annual Quiz, and as you can see from the cover and report on p 12 the winners were The Short Planks, representing Astle Paterson.

Congratulations to Hon. Treasurer Sue Woodall and her fellow team-members – perhaps next year I will need to include some questions on book-keeping or the Solicitors’ Accounts Rules!

The next major event is the Legal Skills Triathlon on February 25th, again organised jointly with the University, details of which are shown on p10, with an entry form on p11. This really is an excellent opportunity for your junior staff to gain valuable experience in - and feedback on - valuable skills which will be relevant whatever area of law they practice in, so please encourage those who qualify to enter to do so – there are only 8 places, so you will need to be quick in getting your entries in to Sue Jennings (please note, NOT to me!).

Then we have a visit by Law Society President Andrew Caplen to Derby on March 12th; details are still being finalised, but they will include a lunch for Senior/Managing Partners, hosted by Chancery Lane. Further details will be emailed to members in due course.

This issue does however contain full details of the Annual Dinner, to be held on Friday April 17th at the iPro Stadium – see p7. With

Tim Brooke-Taylor as the main attraction it is sure to be popular, so book your tables of 10, or fewer places if not taking a full table, using the booking form on p 15.

Another date for your diary is Monday April 27th – the date of the AGM at the Gateway Building, Derbyshire County Cricket Club. The Notice, Agenda and papers will be sent out early in April, but it would be nice to see a few more than the same old faces there – there’s a free bar and a buffet! – so please make a note to attend.

And finally, on p 17 you will find the Management Column, which we hope will become a regular feature dealing with management and related topics, the better to equip members and firms to deal with the continuing challenges of running a successful business in ever-changing times – and make no mistake, a law firm IS a business, and needs the same set of business management skills as any large commercial concern, it’s just that their numbers may be bigger, the government doesn’t interfere every 5 minutes (or so it seems), and they don’t have the SRA to contend with!

Peter BallAdministrator

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Tel: 0151 651 2776

[email protected]

AdvertisingSimon Castell

Managing EditorPeter Ball

DesignDavid Coffey

East Park Studio

AccountsMandy Barlow

Media No.1149

PublishedJanuary 2015

© East Park Communications Ltd.

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

3 - Contents

3 - Editorial

4 - List of Officers

5 - President’s Page

6 - Membership News

8 - Sub-Committee News

10 - Skills Triathlon 2015

12 - Social Events 1: Quiz

13 - Social Events 2: Dinner

13 - Recruitment

14 - CPD Programme

15 - Booking Form

16 - W(h)ither CPD?

16 - Outsourcing Security

18 - Property

20 - Mediation

22- Energy & Infrastructure

24 - University of Sheffield

26 - The Bar Conference 2014

28 -The Challenges for

University Law Schools

29 -The Changing face of

Legal Software

28 -Surrogacy

nursing reports,case management

4 www.derbylaw.net

Officers

President*Sue JenningsTel: (M) 07946 609436 [email protected]

Vice President*Diana CopestakeFreeth Cartwright LLPTel: 0845 [email protected]

Deputy Vice-President* Andy CashCartwrigt KIng, Derby Tel: 01332 346111 e-mail andy.cash@ cartwrightking.co.uk

Honorary Secretary* Arthur TittertonTel: 01332 513468Mob: [email protected]

Honorary Treasurer*Susan WoodallAstle Paterson, BurtonTel: 01283 [email protected]

Immediate Past President* Paul HackneyGeldards LLP, DerbyTel: 01332 331631 [email protected]

(* = Ex-Officio)

Parliamentary Liaison Officer (+) Mary HoneybenElliot Mather,ChesterfieldTel: 01246 231288; mary.honeyben@elliotmather. co.uk

Public Relations Officer (+)

Vacant

Constituency Council Representative, Derbyshire (+)Tony RussellACR Employement Law, BurtonTel: 01283 565243Mob: [email protected]

(+) attend Committee by invitation

Other Committee Members

Fiona ApthorpeGeldards LLP, DerbyTel: 01332 [email protected]

Janie BerryDerby City Council01332 [email protected]

Andrew CochraneFlint Bishop, DerbyTel: 01332 340211Via [email protected] Lionel ConnerSamble Burton & Worth, BurtonTel: 01283 565731 [email protected]

David HardyTel: 01332 [email protected]

Elizabeth HaysomDerwent Law01332 [email protected]

Mary HoneybenElliot Mather,ChesterfieldTel: 01246 231288 [email protected]

Ben LawsonFlint Bishop, DerbyTel: 01332 340211email: [email protected]

Karen ReynoldsFreeth Cartwright LLP01332 [email protected]

Quentin Robbins Broadbents, DerbyTel: 01332 369090 quentin.robbins@ broadbentssolicitors.co.uk

Lewis Rose, OBEFlint Bishop, DerbyTel: 01332 226127 [email protected]

Manesha RuparelBhatia best, DerbyTel: 01332 [email protected]

Martin SaltMoody & Woolley, DerbyTel: 01332 [email protected]

Mike SimpsonSimpsons Solicitors, Derby01332 [email protected]

Stephen WoolleyGeldards LLP, DerbyTel: 01332 [email protected]

Simon StevensEddowes Waldron01332 [email protected]

Solicitors’ Benevolent Assoc. area representativePeter Lord9 Larkhill, Swanwick, DE55 1DD Tel: 01773 541753

Administrator / Bulletin EditorPeter Ball,The Old BarnHatton Fields, Sutton Lane Hilton, Derbys. DE65 5GQ Tel/Fax: 01283 815030 e-mail: [email protected]

Sub-Committees(Secretary in italics)

Professional/Regulatory PurposesSubsumed into the Full Committee –working groups to be convened according to the subject at hand.

FinanceSue Jennings, Andy CashDiana Copestake, Stephen Woolley, Arthur Titterton, Sue Woodall

Contentious BusinessVacantPaul Hackney Mary HoneybenDavid Hardy Karen ReynoldsGary Adamson (01332 347300)Rebecca Carr (01332 221722)Katy Fugle (01332 367051)Steven Savage (01246 220737)

Education & TrainingSue Jennings, & all Sub-Committee Secretaries

Family LawFiona M K Apthorpe Diana CopestakeVince Beckworth (01332 372311)Melanie Brigden (01283 226444)Claire Dean (01335 345454)David Guthrie (01332 293293)Liz Guyler (01773 749955)Nick Herbert (01332 293293)Naomi Hickman (01332 364436)Ruth Jones (01332 346084)Fiona Lazenby (01332 346 111)Martina Longworth (01332 344221)Manesha Ruparel e-mail: [email protected] Hobday (01332 340221)

Julie Skill (01332 372311)

Naomi Hickman (01332 364436)Ruth Jones (01332 346084)Fiona Lazenby (01332 346 111)Martina Longworth (01332 344221)Janine Harding (01332 340221)Julie Skill (01332 372311)

Criminal LitigationSimon StevensAndy Cash Quentin RobbinsAndrew Oldroyd (01332 225225)Nick Wright (01332 364751)

Property LawVacant, Sue Woodall, Adrian Crowther (01332 340211), Rachel Bale(01283 561531), Natalia Delgado (01246 231288), Sally Gill(01246 231288), Stephen Gordon (01246 270112), Michael Taylor(01773 822333), Hugh Walford (01773 823999), Elizabeth Wallis (01629 812613), Andrew Cross (01629 582308), Charlotte Rosser (01332 291431).

Private ClientMartin Salt Claire Rudkin (01332) 340211Nikki Spencer (0115) 932 4101Christine Hinkley (01332) 836666Kim Kirk (01332) 600005Tim Dysterre-Clark (01332) 600005Kirsten Wood (01332) 340211Rachael Francis (01332) 340211Julie Cook (01332) 340211Dervla McLaughlin (0115) 932 4101

Employment and Business LawSue Jennings Tony Russell

(Last updated 8th Jan 2015)

Officers and Committee Members for 2015

www.derbylaw.net 5

From the President...

Named after Janus, the Roman God of Gateways, symbolising change and transition, January is typically a time for reflection on the year past and resolutions for the year ahead.

2015 promises to be another year of change and transition for the legal profession and our clients - not least because we have a General Election on 7th May. As lawyers we have a keen interest in why things go wrong in our society, how we can prevent

things from going wrong and what to do when things have gone wrong. For me, the smoke and mirrors of the promises and debate in the run up to an election holds a lesser fascination.

My New Year’s resolution to read Tolstoy’s ‘War and Peace’ instead of crime thrillers, alongside writing my speech for the Annual Dinner will hopefully provide sufficient diversion from the inevitable parade of political rhetoric over the next few months. I’m on page 292, by the way (…of the book, not my speech you’ll be pleased to hear).

My area of specialism and practice, Employment Law is inescapably intertwined with politics and in recent years new governments have introduced major changes to the balance of rights and obligations between employers, employees and trade unions. Looking at the plethora of proposals published by the main parties in their campaigns so far, it would appear that headline-grabbing changes to employment law will form a key part of the parties’ campaign strategies.

Politics aside, employment lawyers are used to continuous change. As we start the New Year, there are at least a dozen pending tribunal decisions which could impact significantly on employment rights for individuals and HR policies for businesses. When my term of office as President comes to an end in May, I propose to re-form the currently inactive employment law sub-committee and already have Employment Judge Helen Milgate lined up to speak to us.

On a final note, here are some New Year’s Resolutions you or your firm may wish to consider for 2015:

1. Enter one of your junior lawyers for the Legal Skills Triathlon on 25th February. Prizes start at £150; one year a trainee won £750! Full details of how to apply can be found elsewhere in this Bulletin.

2. Come along to the Judges’ Question and Answer session on 25th February at the University of Derby after the Triathlon. There will a panel of judges from the local judiciary taking questions from the floor – always entertaining and informative.

3. Reserve a date in the diary for your Managing or Senior Partner to attend a Luncheon in Derby with the President of the Law Society, Andrew Caplen on 12th March. This is an opportunity to engage with the Law Society President on the issues affecting us here outside of Westminster. Further details will be emailed to members in due course.

4. Put together your guest-list for a table (or two?) at the Society’s Annual Dinner on the evening of 17th April – and put it in your own diary. The Society’s Annual Dinner promises to be an entertaining evening with Tim Brooke-Taylor as my guest speaker.

5. Consider attending one of our Sub-Committee meetings. This is an opportunity to share and debate the issues affecting your discipline and to meet and network with other members in the local profession. Meetings are relaxed affairs, usually involving food and refreshments and are open to all, from junior to experienced lawyers. Meetings are organised by the Secretary of the individual Sub-Committee, whose contact details can be found on Page 4 of the Bulletin, or email Peter Ball at [email protected]

6. If you are a Junior Member, make sure you are on the Junior Lawyers mailing list (contact [email protected]). In addition to social events, we’re working towards the re-introduction of a judicial work shadowing scheme.

Happy New Year to you all…

Sue [email protected] 2014-2015

6 www.derbylaw.net6 www.derbylaw.net

Membership News

Cartwright King and The First Law Partnership have merging as part of Cartwright King’s expansion plans, taking the enlarged firm’s number of offices to 14, employees to 230 and turnover to over £13million.

The deal took effect from 5th January 2015 and extends Cartwright King’s presence into The Home Counties and South Midlands with new offices in Reading, Luton, Bedford, Wellingborough and Northampton. The merger will make Cartwright King one of the largest criminal defence firms in the country, alongside its other key practice areas including Family and Immigration. Rupert Hawke, managing director of Cartwright King, said: “This development will expand our national brand. The First Law Partnership has a very similar ethos to ourselves in terms of access to justice and I think the skills within the enlarged business will be of great benefit all round. This is part of our continued expansion plans, around which we welcome enquiries from firms across the UK”. Simon Campbell, CEO of The First Law Partnership, added that: “The directors and staff here are very excited and enthusiastic about teaming up with Cartwright King, which sends out a very positive signal to the profession.”

This latest development follows on from the recent absorption by Cartwright King of the Bastian Lloyd Morris (BLM) criminal defence team in Milton Keynes. BLM became Cartwright King’s ninth office, alongside London, Birmingham, Newcastle Gateshead, Leeds, Sheffield, Nottingham, Derby and Leicester. This latest move will also add to the firm’s in-house chambers, bringing more barristers and higher court advocates to their growing crown court practice.

Simon Campbell

Rupert Hawke

Cartwright King merges with The First Law Partnership

Following two years of study, Anna Cattee, a commercial solicitor at BRM, has qualified as Chesterfield’s newest Notary Public.

Each Notary Public uses a unique seal to authenticate documents. With the role having international reach, Anna felt her home town of Chesterfield should be represented in her own notarial seal which she has had designed to incorporate the town’s world famous Crooked Spire, utilising an illustration originally produced for the Destination Chesterfield scheme.

Anna is now one of only two Notary Publics practising in Chesterfield.

Anna Cattee Qualifies As Chesterfield’s Newest Notary Public


Sub-Committee News

Family Law Sub-Committee meeting 2nd December 2014

1. MATTERS ARISING

1.1 Membership/attendance

Tim Evans has tendered his resignation from the Committee. He gave his apologies for the meeting but he is no longer in private practice and attendance at meetings is very difficult for him. The Committee would like to thank

Tim for his work with the Committee in the past.

1.2 CJSM email service

Standard reminder that we are periodically asked by the Court to remind members of the Guidance Rules issued by the Court when corresponding with them. The biggest concern is non secure emails. Members are encouraged to sign up to the CJSM email service which will solve this problem. When corresponding with the Court that email can be given as their contact email address and the Court records can be marked accordingly. We have circulated the Court’s guidance on a number of occasions in the past. Members with any queries should contact Denise Sutcliffe at the Court.

1.3 Court User Meetings

We are waiting for District Judge Williscroft to set up a Family Court user meeting. There are a number of matters which the Committee wanted to discuss with the Court. It is noted that Derby is still without a Court Manager. There are continued problems over listing and other issues (see below) which members would like addressing.

1.4 Bundles

Fiona had previously written to District Judge Davies seeking a consensual view form the District Judges in Derby as to whether or not it was necessary to file bundles for First Appointment and Children Act cases. District Judge Davies has replied that on the issue of bundles for FHDRA’s the Court is now using an adapted CAP01 gate keeping form in Derby dispensing with the need for a bundle for FHDRA. If, exceptionally, there is known in advance to be substantive issues to be decided at an FHDRA, such as an urgent schooling issue or interim change of main carer etc then the Court might direct a bundle but otherwise not. There is therefore no need to file a bundle as a general rule for FHDRA’s.

2. AGENDA ITEMS

2.1 Expedited FDA’s

We had previously received an email from District Judge Davies seeking the opinion of the local profession on whether there would be support for some First Appointments and financial remedy cases to take place without attendance of parties/solicitors. There is planned to be pilot scheme whereby in suitable cases solicitors will be able to agree directions on paper and if, perhaps, there was a minor issue over say a couple of questions on a questionnaire

or the identity of a valuer these issues could be dealt with by brief submissions that will have been given on paper. This would obviously only work where both parties were represented and Forms E have been exchanged, questionnaires drafted and served and there was no possibility of utilising the FDA as an FDR. It was anticipated that the Judiciary would propagate a standard form of order for use and if there were issues on paperwork perhaps a 10 or 15 minute telephone hearing, advocates only, could be listed. This is still being discussed at Derby and DJ Davies assures that this has not been forgotten. He will be in touch shortly.

2.2 Co-location of the County Court into the Magistrates Court at Chesterfield

We had been asked if we would be like to be kept ‘in the loop’ so that we could offer suggestions to the project team. We had asked for this to be done but Fiona now understands that the proposed move is fairly well advanced.

2.3 Financial Remedy Applications: Listing

Could we remind everybody of the practice note issued in December regarding listing for financial remedy applications. This requires all parties to attend each hearing with dates of availability for at least the following period of 6 months(!). At each hearing save obviously the final hearing the parties must provide the Court with a completed financial remedy listing schedule. If this is not provided then save in exceptional circumstances the Court will proceed and fix the date and the parties should not assume that the Court will grant any additional time for the provision of dates for availability. If possible the case will be listed there and then during the hearing otherwise no later than 4pm on the next working day. Notice of hearing will contain a direction advising the need to provide this information.

2.4 Fees Exemptions

Liz Guyler had arranged a recent issue which she had had at Mansfield where the Court would not accept a fee exemption form for a client who was represented by a solicitor. After representations by Liz the Court did back down and concede there error but not without a course of correspondence on the issue. For any other similar issues, at Mansfield or elsewhere would people please make the Committee aware. Fiona had had a recent problem at Derby where she was applying for Decree Absolute after the 12 months has passed and the Court was insisting on an additional £50 fee on top of the fee for the Decree Absolute. Again after correspondence the Court conceded their error and refunded the cheque but this caused delay to the pronouncement of the Decree Absolute.

2.5 CAFCASS

There had been issued raised regarding CAFCASS. Matters discussed were a recent incident where a CAFCASS Officer refused to look at a Facebook page which contained what might have been useful evidence in a Children Act case. Also suggestion that a CAFCASS Officer had ‘advised’ one of the parties who was unrepresented as to what they should be applying for. Also the use of a one way screen at CAFCASS offices for conducting interviews.

Fiona Apthorpe

www.derbylaw.net 9

It was felt perhaps that the best way to address this would be to ask Sheila Irvine if she would like to attend a further meeting. On that issue District Judge Davies had previously said that he would be happy to attend a Committee meeting provided of course that the strict rules of confidentiality applied. Fiona will write to both.

3. PERMANENT AGENDA ITEMS

3.1 Database

A reminder that the database of family practitioners is a very useful method of communicating information to family lawyers locally.

Could everybody please double check that members of their family team are included. The invitation to join is open to all family practitioners. If you are not included please let Fiona have your email address. We are aware that one or two people have moved firms recently but we have not had the new email addresses.

3.2 Training and Education

If anybody is interested in any particular training courses please let Fiona know and we will endeavour to arrange this either through the main Committee or direct with, for example, Counsel’s Chambers.

3.3 Local Family Justice Board

The Derby Family Local Justice Council was originally set up in 2005. It then rather died a death for a few years but was subsequently resurrected as the Local Family Justice Board. Fiona is a Member on behalf of the Committee as indeed are many other Family Lawyers locally.

If you want to be on the LFJB’s mailing list and be sent information about training events, research on Family Justice matters etc, then please contact [email protected].

3.4 Rights of Audience

A reminder that experienced Legal Executives can apply to the FPC locally for Rights of Audience on a generic basis rather than having to apply individually on a case by case basis.

There is a Protocol in force still. Anybody who wants to take advantage of this should contact the Court direct.

3.5 Constituency Council Representative

Our Constituency Council Representative is Tony Russell who can be contacted at [email protected] or 01283 565243 or 07986 476015.

4. DATE OF NEXT MEETING

We are required to have four meetings a year. Those meetings will be held variously on Tuesdays, Wednesdays and Thursdays at 4.00 pm.

The scheduled meetings for 2015 are as follows:

Tuesday 24th February.

Wednesday 15th April.

Thursday 9th July.

Tuesday 6th October.

Thursday 10th December.

Please note that we try and arrange the meetings to take place a week or so before the main D&DLS Committee Meeting to enable reports to be filed for the main Committee. We as yet do not have all the dates for the main Committee Meetings next year and so the above dates are subject to revisions.

All meetings at 4.00 pm at Geldards LLP Number One Pride Place, Pride Park, Derby DE24 8QR.

Fiona M K ApthorpeSecretary

Professional communications

for professionals

www.epc.gb.com


Legal Skills Triathlon 2015ATTENTION ALL JUNIOR LAWYERS, PARTNERS & TRAINING PRINCIPALS

The Skills Triathlon continues to be one of Derby & District Law Society’s most successful and valuable events. Held in association with the College of Law at the University of Derby, entrants will be competing for the Jubilee Award and cash prizes.

Where & when?

The event is to be held on Wednesday, 25th February 2015 at the Kedleston Road Campus of the University of Derby.

What does it involve?

Successful applicants will be partnered with a law student from the University’s College of Law to form a team of 2, which will take part in a 1-day Skills Triathlon. The team must conduct a client interview, make a court application and participate in a negotiation meeting based on materials provided. In respect of the Advocacy element, details of the relevant law will be provided – lateral thinking and skills performance take priority over knowledge of law in all 3 disciplines.

A 3-person panel of local practitioners and law lecturers will judge each discipline. Monetary prizes will be awarded for:

Best Team (Pair) Overall 1st - £350 (£175 each) 2nd - £250 (£125 each) 3rd - £200 (£100 each)

Outstanding Individual Advocate £150

Outstanding Individual Interviewer £150

Outstanding Individual Negotiator £150

All participants will receive a Book Token to the value of £15.

There will an Awards Ceremony in the University’s Court Room immediately after the event, followed by Judges’ Question Time, an annual event where a panel of our local judges answer your questions. The day will end with D&DLS’s Reception for Newly-Qualified and Trainee Solicitors with drinks and nibbles, to which all firms entering a team and any other interested parties are invited.

Why should I take part / encourage my firm to enter?

The Legal Practice Course is often criticised by trainees and Training Principals for not teaching sufficient negotiation and advocacy skills. For junior lawyers, these are essential skills for whichever discipline you choose. This is a unique event, and an exciting opportunity to practice and hone your legal skills in a realistic and competitive setting – but without risk to you, your client or your firm if you get it a bit wrong! Each contestant receives feedback from the judges to enable you to improve your skill-base going forward, so your participation will improve your confidence, your career development, promote your firm - and you have the chance to win a significant cash prize.

Partners and Training Principals – encourage your junior lawyers to enter. This is an invaluable chance to improve their abilities and confidence thereby increasing their value and profitability to you. And it’s free.

This event, now in its 9th year, has received high praise from all quarters including the Solicitors Regulation Authority.

Who can enter?

Trainee solicitors and newly qualified solicitors with up to 12 months PQE, and/or Paralegals/legal clerks and legal executives with up to 2 years practical experience

How do I apply?

Complete the application form in this Bulletin and send it to Sue Jennings at Ethel Villa, Trent Lane, Weston on Trent, Derby DE72 2BT or alternatively scan and send your completed form to [email protected]

There are only 8 places for entries from the profession so submit your applications as soon as possible. The deadline is 6th February 2015. Successful applicants will be notified by email by no later than 13th February 2015.

www.derbylaw.net 11

APPLICATION FOR SKILLS TRIATHLON

DERBY & DISTRICT LAW SOCIETY IN ASSOCIATION WITH UNIVERSITY OF DERBY’S COLLEGE OF LAW

DATE OF TRIATHLON: 25th February, 2015

VENUE: UNIVERSITY OF DERBY

DEADLINE FOR SUBMISSION OF APPLICATION: 6th February, 2015

NAME: …………………………………………………………………………………………………………………………………………………………………………………………..............................

FIRM/ORGANISATION: ………………………………………………………………………….……………………………………………………………………………………………......................

ADDRESS: ………………………………………………………………………………………..……………………………………………………………………………………………...........................

……………………………………………………………………………………………………...……………………………………………………………………………………………...............................

TELEPHONE: …………………………………………………………………………………….……………………………………………………………………………………………..........................

E-MAIL: …………………………………………………………………………………………..…………………………………………………………………………………………….............................

Position held at firm/organisation: ……………………………………………………………….……………………………………………………………………………………………...............

Expected date of qualification as solicitor: ……………………………………………….……………………………………………………………………………………………....................

OR

Date of qualification: ………………………………………………………………………...……………………………………………………………………………………………...........................

OR

Length of experience in your role as legal assistant/paralegal: …………………………..……………………………………………………………………………………………........

WHY DO YOU WANT TO TAKE PART IN THIS EVENT AND HOW DO YOU THINK IT WILL BENEFIT YOU? (This statement may be used as a tie break in the event of more applicants than places)

Signed: ………………………………………………………………………………………………

Dated: …………………………………….

PLEASE RETURN THIS APPLICATION TO SUE JENNIINGS AT [email protected] or by post to ETHEL VILLA, TRENT LANE, WESTON ON TRENT, DERBY, DE72 2BTBY NO LATER THAN 6th February 2015.


Social Events

This year’s Quiz was contested by a total of 21 teams, including first-time entries from Derby University and Eddowes Waldron. As with last year, the earlier start time of 7.00 pm and changes to the structure saw the evening finish by 10.00 pm, so if you didn’t enter this year for fear of a late night with work the following day, do not be put off next year!

Last year’s winners Red Hot Trivia Peppers from Geldards defended their title manfully but, deprived of the services of Paul Hackney for the first half, were unable to make it two in a row, their title being taken by the Short Planks, representing Astle Paterson – their second victory in the competition, having previously won representing OMW prior to their merger with AP.

The winners were chased home in a close finish by Council of Despair (Derby City Council) who again fell frustratingly short to come second

for the second year in a row, and Tray, Mark, Pat & Ted (Trade-Mark Patented – geddit??) from Swindell & Pearson in third place.

At the other end of the table, the Wooden Spooners, representing DHA, clearly had no illusions about their chances as they duly fulfilled their self-appointed destiny and carried off the wooden spoons with aplomb!

The average team score of 149/200 meant that half of the teams got 3 out of 4 answers correct, and no team fell below 50%, so it’s not an exercise in humiliation even if you are not likely to challenge the leaders.

It was an excellent evening of fun and socialising, generously sponsored yet again by Severn Trent Searches, whose Mike Dyche presented the prizes at the end.

Team Representing Total %

Short Planks Astle Paterson 175 87.5

Council of Despair Derby City Council 173 86.5

Tray, Mark, Pat & Ted Swindell & Pearson 171 85.5

WOW Wykes O’Donnell Williams 166 83

DHA Free DHA 165 82.5

Ck Euphoria Cartwright King 163 81.5

Effing Marvellous Freeths 162 81

The Flintstones Flint Bishop 162 81

Red Hot Trivia Peppers Geldards 160 80

Search Us Severn Trent Searches 159 79.5

The Dons Derby University 155 77.5

There’s only one ‘F’ in Fishers Fishers 155 77.5

Can’t be named for legal reasons Astle Paterson 151 75.5

Let’s Bare Witness Derby City Council 137 68.5

Great Expectations Bhatia Best 133 66.5

WOWEE Wykes O’Donnell Williams 132 66

Can’t think of a witty name DHA 130 65

Amnesia Eddowes Waldron 129 64.5

Don’t Hate, Appreciate DHA 119 59.5

Enigma Eddowes Waldron 115 57.5

Wooden Spooners DHA 113 56.5

Average team score 148.81

% 74.4

Winners The Short Planks: (l-r) President Sue Jennings, Geoff Alderman, Mike Dyche (Severn Trent Searches), Sue Woodall, Steve Franklin and Marion Woosnam-Savage

Wooden spoon winners The Wooden Spoonists with President Sue and Mike Dyche (names of team members withheld to avoid embarrassment!)

Inter-Firm Quiz Challenge 2014

Recruitment

We are seeking a hardworking and motivated Solicitor for our Personal Injury Department.

You will be committed to excellent client care and expanding/developing the department further.

Salary negotiable dependent upon experience.

Email applications, attaching personal statement and curriculum vitae, together with details of current salary to;

[email protected]

www.derbylaw.net 13

Annual Dinner 2015

A further reminder that the Society’s premier social event will be held this year on Friday April 17th 2015, and I hope that you are progressing well with planning your party. Please use the Booking Form in this Bulletin to book your places.

The date is a week earlier than normal as the iPro Stadium was already booked for another function on April 24th

Thanks to generous sponsorship by Derby University, Severn Trent Searches and Garrandale Ltd we will be offering a welcome drink on arrival and a complimentary bottle of red and white wine and sparkling mineral water per table.

As reported last time the ‘official’ speeches will be short – much to Sue Jennings’ delight - to allow time for our main speaker, Tim Brooke-Taylor, to entertain us. Tim is a scion of the Buxton Brooke-Taylors, a long-established legal family, but is better-known for his membership of The Goodies on TV and as a long-serving panellist on Radio 4’s ‘I’m Sorry I Haven’t a Clue!’.

Tim is probably the highest-profile speaker we have had for a long time, so as demand for places will should be high it’s best to start thinking seriously about who to invite now.

Ticket price is held at £37.50 + VAT = £45.00 per person, and seating will be at round tables seating up to 10 (11 possible, 12 ‘cozy’).

Dress code is black tie for gentlemen. Timing is 7.00 for 7.45 til late.

Private boxes are available for pre-Dinner drinks receptions by arrangement with Kayty Turner-West at the venue (01332 821094).

As last year, all meals must be pre-ordered and advised to me by one week prior to the event, ie April 10th – the assumption will be A / C / E unless advised otherwise

Kindly sponsored by:

Menu(A) Poached Pear & Waldorf Salad with Celeriac Remoulade

or(B) Vine Cherry Tomatoes, Buffalo Mozzarella

with Basil leaf salad***

(C) Pan-fried Maize-fed Chicken, crushed new potatoes, spring onion, butternut squash puree,

sugar-snap peasor

(D) Tomato & Butternut Squash Tart, whipped sweet potato mash, red onion marmalade

***(E) Duo of Tarts

Chilled Citrus and Belgian Chocolate with duo of saucesor

(F) Cheese & Biscuits***

Tea or coffee

14 www.derbylaw.net

DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2014-15

Details of dates and venues where not shown, and of further courses, will be added in due course

KEY* Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update ** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900 ** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030. ** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE

Blue indicates new/amended information, or an addition to the programme

D&DLS Members qualify for significant discounts on the above & other CPD courses & will receive details of CLT courses personally 4-6 weeks beforehand. FOR D&DLS Direct EVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.

Area Course Title

CPD Hours Date Level* Venue Book Via**

2015 2015 2015 2015

FamilyThe Care Act

& Funding Care5 February 10th Update Derby - tbc CLT

FamilyFamily Law 2015

Update6 May 7th Update Derby - tbc CLT

ManagementCOLPs, COFAs

& Managing Compliance

5 May 13th Update Derby - tbc CLT

Wills & ProbateWills & Probate

Update5 Sept 10th Update Derby - tbc CLT

Wills & Probate Update

Commercial Property Update

5 Oct 5th Update Derby - tbc CLT

ManagementMoney-laundering; preparing for the Fourth Directive

5 Oct 6th Update Derby - tbc CLT

Residential Property Conveyancing Update 5 Oct 21st Update Derby - tbc CLT

PLEASE SEND THIS ENTIRE FORM TO: Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, Derbyshire DE65 5GQ

Name: ……………………………………………………………………………………………………………………………………………………………………............................................

Firm: ……………………………………………………………………….…………………....…………………………….....................................................................................

Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................

Tel. No.: ………………………………………………………………............................................

Eail Address.: ………………………………………………………………...................................

Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...…………………….. ..................................

Suggestions for future CPD courses, especially for support staff:

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

Signature: Date:

PLEASE NOTE: if you are booking an event for more than one person or for someone other than yourself, please indicate the name, position and membership status (member / non-member) of the attendees on this form or a separate sheet, and ensure that the VAT-inclusive fee paid is appropriate.

*Please make out a separate cheque payable to Derby & District Law Society for each separate event booked

Derby & District Law Society Event Booking Form

Event Date Venue Time CPD Members*Non-

Member solicitors

TOTAL FEE*

No. (incl VAT) No. @ (incl VAT)

IT Security / Outsourcing

Seminar

Thursday Feb. 26th

Derby Uni-versity

5 for 5.30 - 6.30 pm 1 FREE FREE n/a

ANNUAL DINNER

Friday April 17th iPro Stadium 7.00 for 7.45

- late n/a £45.00 £45.00

www.derbylaw.net 15

The SRA have announced their intentions with regard to the future of continuing professional development, as the first tranche of modifications to the training regime for solicitors to come out of the Legal Education Training Review, which reported in 2013.

From 2015 there will be no compulsory, prescribed regime for post-qualification CPD, and no accredited providers of CPD training. Hence, the requirement to undertake 16 hours of CPD training per year will disappear.

Replacing it will be an outcomes-focussed reminder of the requirements of the Code of Conduct that all providers of legal services (individual and collective) have to provide a good standard of work and must maintain their professional competence. How this is to be achieved is no longer something the SRA will dictate. The decisions about who needs training, in what, to what standard, how and how often will be delegated back to regulated entities and individuals.

The reasons for this change include the widely held perception that, for many, CPD had become a tick-box scrabble for hours in September and October with little reflection given to the value or worth of the training. The new regime can be criticised for offering the chance to get away with doing even less training than before or, indeed, none at all. Inevitably, those who failed to take training seriously in the past will continue to ignore its merits and will pay the price in ineptitude, complaint, investigation, rebuke and difficulty in the insurance market.

For the majority of the profession effective, pertinent, cost-effective and tailored training will remain a key part of staff development, business development, appraisal, recruitment, risk management and regulatory compliance.

From April 2015 (the old regime finally disappears in November 2016) regulated legal service providers will need to:• develop a training plan for staff setting out who needs training, in what areas, to what standard, when and how often (this will need to be dovetailed with the staff appraisal system)

• consider the inclusion of technical legal content, alongside such soft skills as commercial awareness, financial acumen, marketing and business development, professional language skills, ethics, mentoring, coaching, leadership and all the other skills facets that make people better and more rounded professionals• decide the manner and mode of delivery of that training (face-to-face seminars, online, webinars, blended learning or other methodologies)• source that training either internally or from external providers (as accreditation will cease, the firm will need to decide for itself who are the good and the bad providers)• evaluate the worth of the training – did the people learn what was expected of them, how has the training advanced and developed their knowledge and skills• record the progress made (and thus feed back into the appraisal process)• review and modify the plan and adjust accordingly.

The largest firms will already have this sophistication in place. The micro-firm will not require anything so elaborate. The middle-order general practice may perceive this as another burden for an already-stretched management team. And so it is, sadly.

However, the need for cost-effective, focussed, rich, well-delivered training has not gone away. With concerted effort between the firms and the training providers to come up with innovative approaches to the delivery of training – and ever-relevant content – the new regime offers a flexibility to the development of their people that has previously been denied to firms.

Trevor Hellawell is a Brighter Law Business Partner and Independent Legal Training and Compliance Consultant. He currently specialises in money laundering and associated procedures, data protection, equality and diversity, anti-bribery and regulatory issues to do with the SRA Code of

Conduct and Accounts Rules as well as Lexcel compliance.

We are currently considering introducing a series of third-party articles on management and related topics which we hope will be of benefit to members and their firms, under the title ‘The Management Column’. This is the first of what we hope will be regular articles which hopefully will allow members to consider aspects of law firm management which may be new or challenging to them, to perhaps challenge their existing views, or to see things from a different perspective to that which they currently hold. If there are any specific topics you would like to see covered in this way, please let me have your suggestions at [email protected]

1. W(h)ither CPD?

2. Tackling security by outsourcing


The Management Column

Security is a big concern for law firms today. Or at least it should be. Consider for a moment the risks… IT failure, data loss, cyber threats, money laundering, fire, flood and theft, to name a few.

Not only do practices have a professional obligation to protect their practice against the growing (and more innovative) number of security risks which threaten their livelihood, they have a regulatory obligation too.

Under the SRA’s watchful glare, firms must comply with outcomes-focused regulation business continuity, disaster recovery and money

laundering requirements. Not to mention compliance duties for other regulators and governing bodies.

Let us ask, then, if your legal practice has an impenetrable barbed wire fence around its building, fire and flood barricades, emergency generators, substitute power supply sources, offsite data back-up, resilient internet connectivity, CCTV surveillance, intruder alarms, vulnerability scanning and IT firewalls? If you’re running on-premise systems, and employing in-house staff for every area of your business, you should have all these defences… and more!

Of course, we’re being deliberately provocative. Very few corporate enterprises, let alone the average law firm, secure themselves with airtight defences such as these. What, then, is the alternative?

www.derbylaw.net 17

Plain and simple – outsourcing.

We don’t mean outsourcing legal services. You’re the lawyers so that’s your domain. But what about other business functions? As an expert in law, you can’t also be expected to know all about IT, cashiering, payroll etc. Yet, in many instances as a small practice or sole practitioner, you assume these roles and their associated security responsibilities too.

Conversely, outsourcing solutions instantly resolve issues of security as well as addressing problems relating to shortfalls of in-house re-source or expertise. Often, this is performed to standard that would be very difficult to match internally without considerable expense.

Your IT’s prone to break down and, with the huge sums of money handled on your clients’ behalf, tempting prey to cyber terrorists and money launderers. Additionally, your accounts and payroll data is highly sensitive, confidential information which must be safeguarded from prying eyes. For these reasons and many more besides, it’s best to offload these tasks to specialist providers.

First, to outsource IT management, choose a long-standing, repu-table supplier who offers cloud-based solutions because they’ll have EEA-based data centre resilience, replication, connectivity and safe-ty measures accredited to at least ISO 27001 standard.

Second, to outsource administrative operations, select a distin-guished provider, ideally who’s long-established in the legal indus-try. With outsourced services such as legal accounting and payroll, you can disburden yourself not only of the day-to-day occupations, you’ll also entrust the outsourcing company with the accompanying data security.

Our parting advice, though, is be cautious. Don’t just jump blindly in. Do your background research by making it your mis-sion to find out about your potential outsourcing partner’s se-curity controls, experience, longevity, service level agreements, compliance procedures and how any redress will be handled should things go wrong. Be guided by outcome 7.10 of the Code of Conduct by carefully inspecting contractual arrangements before you sign on the dotted line.

Equally importantly, pick a company with personable, friendly staff. Are they people you’d be able to develop close working relationships with? After all, you may be professional partners for a long time to come.

Security breaches can be disastrous to practices. Downtime equates to lost productivity. But worse fates than this await and can potentially cost millions of pounds’ worth of damage. So, start taking security seriously. If you don’t have the manpower, skills, hardware and infrastructure inside, then outsourcing’s for you.

If you would like to learn more about IT security risk manage-ment or outsourcing we have arranged a short 1-hour FREE seminar with Quill Pinpoint, to be held on February 26th, 5 for 5.30, at Derby University. Quill will highlight the safety mea-sures firms should use to minimise risk from a potential breach of security in a practice’s IT system and the benefits of outsourc-ing. Book places using the booking form in this Bulletin.

Alternatively, if you want to find out about Quill Pinpoint’s out-sourced IT, cashiering and payroll solutions, get in touch by email at [email protected], call 0845 226 2587 or visit www.quill.co.uk.


PropertyLocal Land Charges - Derbys./Staffs. Information sheet

Winter/Spring 2014/15 Edition

Local Land Charges Contact Name and Telephone Number

Email Address and

Website Address

Standard Search LLC1 and Con29R

The following services are also provided by Authorities for more detail view websites or give them a ring

Name of Local Authority

Residential Properties

Commercial Properties Post Email Online

form NLIS DX Alternative Payment Methods

Amber ValleyContact Elaine Bonse Email land.charges@ambervalley.

gov.uk 98.5 98.5 √ √ √ √ x Monthly Accounting

Telephone 01773 841357 Website www.ambervalley.gov.uk

Bolsover Contact Helen

Cropper Email [email protected] 60 105 √ √ √ √ x BACS Payments

Telephone 01246 242415 Website www.bolsover.gov.uk

Cannock Chase

Contact Judith Aupers Email [email protected]

87 161.84 √ √ x √ x Electronic Payments/ BACS

Telephone 01543 464411 Website www.cannockchasedc.gov.uk

ChesterfieldContact Lisa Fretwell Email local.searches@

chesterfield.gov.uk 109 109 √ √ x √ √ Card Payment/ BACS

Telephone 01246 345303 Website www.chesterfield.gov.uk

Derby City

Contact Wendy Wignall Email wendy.wignall@derby.

gov.uk79 199 √ √ √ √ √

Monthly Accounting/ Electronic

Payment/ BACSTelephone 01332 641006 Website www.derby.gov.uk/landcharges

Derbyshire CC (Highway

Enquiries only)

Contact Debbie Spencer Email debbie.spencer@

derbyshire.gov.ukhighway bundle £21.50

highway bundle £21.50

For further information please contact the Land Charges Section Direct

Telephone 01629 538650 Website www.derbyshire.gov.uk

Derbyshire Dales

Contact Mark Sanderson Email landcharges@

derbyshiredales.gov.uk100 100 √ √ √ √ x Electronic

Payments/ BACSTelephone 01629 761270 Website www.derbyshiredales.

gov.uk

East Staffordshire

Contact Caroline Frankland Email locallandcharges@

eaststaffsbc,gov.uk 75 140 √ √ √ √ xMonthly

Accounting/BACS/ Card PaymentTelephone 01283 508738 Website www.eaststaffsbc.gov.uk

High PeakContact June

Hammond Email [email protected] 80 125 √ √ x √ x Cheque Only

Telephone 01663 752005 Website www.highpeak.gov.uk

Lichfield

Contact Stephen Earp Email [email protected]

99 200 √ √ √ √ x


Payments/ BACSTelephone 01543 309650 Website www.lichfielddc.gov.uk

Newcastle under Lyme

Contact Caroline Horne Email landcharges@newcastle-

staffs.gov.uk

92 260 √ √ √ √ √


Payment/ BACSTelephone 01782 742232 Website www.newcastle-staffs.gov.uk

South Derbyshire

Contact Denise Pearce Email [email protected]

75 150 √ √ √ √ √


Payments/ BACSTelephone 01283 595851 Website www.south-derbys.gov.uk

South Staffordshire

Contact Denise Blower Email landcharges@sstaffs.

gov.uk 115 115 √ √ x √ √ BACS/Card Payment

Telephone 01902 696116 Website www.sstaffs.gov.uk

Stafford Contact Kay

Weston Email [email protected]

98 175 √ √ √ √ √ Monthly Accounting/ BACS

Telephone 01785 619534 Website www.staffordbc.gov.uk

Staffordshire CC (Highway

Enquiries only)

Contact Debbie Bailey Email [email protected]



√ √ √ √ xMonthly

Accounting/ Card Payment/BACSTelephone 01785 854882 Website www.staffordshire.gov.uk

Staffordshire Moorlands

Contact Jacqui Carr Email [email protected]

80 125 √ √ √ √ xMonthly

Accounting/ Card Payment/BACSTelephone 01538 395470 Website www.staffsmoorlands.

gov.uk

Stoke

Contact Austin Knott Email [email protected]

48.6 54.6 √ √ √ √ √Monthly

Accounting/ Card Payment/BACSTelephone 01782 232635 Website www.stoke.gov.uk/searches

Tamworth

Contact Ann Hickman Email [email protected]

118 155 √ √ √ √ x BACS/Card Payment

Telephone 01827 709257 Website www.tamworth.gov.uk

Mediation – do you have a choice?

20 www.derbylaw.net

Chris Makin

ADR stands for Alternative Dispute Resolution, being an alternative to formal litigation. The term implies that parties and their solicitors have a choice:

go down the litigation route, or the mediation route.

But is there really a choice?

I suggest not, on three authorities.

First, from the executive summary of Jackson LJ’s Final Report in 2010 we see:“…mediation has a vital role to play in reducing the costs of civil disputes, by fomenting the early settlement of cases. ADR is, however, under-used. Its potential benefits are not as widely known as they should be.”

Secondly, the 2013 supplement to the White Book on civil procedure says:“The aim is that, in general, no case should come to trial without the parties having undertaken some form of alternative dispute resolution to settle the case.” (my emphasis)

And thirdly, in CPR 1.4 – Court’s duty to manage cases – there is this:“(1) The court must further the overriding objective by actively managing cases.“(2) Active case management includes:-“(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure…”

And if that were not encouragement enough, The Jackson ADR Handbook has been issued to all judges, who thus have no excuse for not knowing all about ADR; and Standard Disclosure includes a new ADR direction, as follows:“At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation); any party not engaging in any such means proposed by another must serve a witness statement giving reasons with 21 days of the proposal; such witness statement must not be shown to the trial judge until questions of cost arise.”

Then we have had several cases recently which illustrate the perils of ignoring ADR.

In PGF II SA –v- OMFS Co [2013] EWCA Civ 1288 (the “alphabet soup” case!) the judge found that silence in the face of an invitation to mediate was not acceptable behaviour, and that costs sanctions must follow.

In Garritt-Critchley –v- Ronnan [2014] EWHC 1774 (Ch), Judge Waksman QC held that a failure to engage in mediation or any other form of ADR was so serious that an indemnity costs order was made.

And in Northrop Grumman Mission Systems Europe Ltd –v- BAE Systems (Al Diriyah C41) Ltd (No 2) EWHC 3148 (TCC) – another snappy case name – Ramsey J criticised a party for an unreasonable refusal to mediate, quoting from the Jackson ADR Handbook in his judgment. The party avoided a costs sanction only because of the unusual circumstances of the case.

In PGF, all the usual arguments for contending that mediation was inappropriate were set out, and all were rejected by the judge. He said that reasons put forward for declining to pursue ADR will be closely scrutinised. In particular, where one has an ‘all or nothing’ case because one party considers they have a strong legal position, that will not necessarily avoid a costs sanction. And looking at all three judgments, we see a list of the reasons normally given for refusing to mediate, and we see such arguments rejected by the judges. They include being miles apart on liability and/or quantum, Part 36 offers made and rejected, total confidence that one will succeed at trial, and the failure of other attempts to settle.

But is it all gloom and doom? Is the success of mediation purely the result of judicial bullying? I am sure it isn’t. As a forensic accountant and expert witness for over 25 years, I have seen far too much time and money wasted in needless litigation. And as an accredited mediator for 16 years, I have the other side: cases properly prepared by experienced litigators, then mediated to everyone’s satisfaction.

Let me close with a couple of references to the judgments of Sir Alan Ward when he was at the Court of Appeal. He often gave strongly worded judgments to encourage mediation; when he retired he qualified as a mediator, and I had the great privilege of co-mediating a dispute (which settled). And since I had by then done almost 100 mediations and it was Sir Alan’s first, he graciously allowed me to lead.

Back to the Court of Appeal.

As a petrol-head, I find Egan –v- Motor Services (Bath) Ltd [2007] EWCA Civ 1002 memorable because it concerned an Audi TT, which Mr Egan contended had faulty steering. There is a fuller summary at the Case Law tab of my website, but Sir Alan included these words:

“What I have found profoundly unsatisfactory... is the fact that the parties have between them spent in the region of £100,000 arguing over a claim which is worth about £6,000. In the florid language of the argument, I regarded them, one or other, if not both of them, as “completely cuckoo”... “This case cries out for mediation” should be the advice given. “It brings an air of reality to negotiations ... Mediation can do more for the parties than parties sitting at the same table but hearing it come from someone who is independent. At the time this dispute crystallised, the car was practically brand new. ...perhaps a replacement vehicle...Audi’s good name intact and probably enhanced, but perhaps with each of them a little less wealthy. The cost of such mediation would be paltry by comparison with the costs that would mount from the moment of issue of the claim. In so many cases, and this is just another example of one, the best time to mediate is before the litigation begins. It is not a sign of weakness to suggest it. It is the hallmark of common sense. Mediation is a perfectly proper adjunct to litigation. The skills are now well developed. The results are astonishingly good.

“Try it more often.”

Finally, there is Faidi & Faidi –v- Elliot Corporation [2012] EWCA Civ 287 where, by the time the case came to the Court of Appeal, £140,000 had been spent on legal costs concerning whether, in a block of (rather expensive) flats, the failure of the occupants above to lay a sound-deadening carpet had spoiled the enjoyment of the couple below. Sir Alan said this:“Not all neighbours are from hell. They may simply occupy the land of bigotry. There may be no escape from hell but the boundaries of bigotry can with tact be changed by the cutting edge of reasonableness skilfully applied by a trained mediator. Give and take is often better than all or nothing”.

Conclusion: litigators don’t have an alternative to using ADR, but that’s no bad thing, is it?

Chris [email protected] www.chrismakin.co.uk

Biog: Chris Makin is one of only 60 or so chartered accountants to become an Accredited Forensic Accountant and Expert Witness – www.icaew.com He is also an accredited civil & commercial mediator and an accredited expert determiner – www.chrismakin.co.uk.

www.derbylaw.net 21

Mr. Eric FreedlanderConsultant Plastic Surgeon

BSc. (Hons), M.B., Ch.B, FRCS (Plast.) Ed,FRCS (Eng), M.D.

Over 20 year’s experience of Medico-Legal work,Personal Injury and Clinical Negligence Reports.

Cosmetic and Reconstructive SurgeryBurns and Scalds

Hand and Lower Limb TraumaCleft Lip and Palate

Scarring as a result of injury or surgery

Past President British Association of Plastic,Reconstructive and Aesthetic Surgeons

•Claremont Hospital401 Sandygate Road

Sheffield S10 5UBTel/Fax: 0114 230 9160

Email: [email protected]

22 www.derbylaw.net

For more information on the Argyll Energy and Infrastructure search or any of our other products, please contact Paul Smith, Client Account

Executive on 07764 987259 or visit www.geodesys.com

The Argyll Energy and Infrastructure report has been a popular addition to our product range since we introduced it last year. Many of our clients have found it useful that this search is flagged by the Search Alert tool on the Geodesys website. Search Alert shows if any potential energy and infrastructure risk is identified on the property.Energy and infrastructure projects are constantly evolving so the new version of the report includes a lot of really useful changes to help you ensure that you are passing on full knowledge of any risk to your clients.

What’s new?The report provides a wealth of information on existing and proposed energy and infrastructure projects and now contains brand new data on the location of Renewable Energy Plants including Anaerobic Digestion, Biomass, Co-Firing, Heat Pumps, Hot Dry Rocks, Landfill Gas, Municipal Solid Waste Combustion and Sewage Sludge Digestion.

Now enhanced with planning application data for wind and solar farms!

One of the key additions to this search is that it now provides you with planning application data for wind and solar farms. This means you can inform your clients if there’s a an application approved for a wind or solar farm near to their proposed purchase. Previously the search has only identified existing wind and solar sites and those under construction.

Why this is important to your clients

1. The property purchaser may not be aware of a wind or solar farm 1. planned in the vicinity.2. A Local Authority search will only give planning information on 2. 2. the property itself.3. Wind farms in close proximity can reduce property value by up 3. 3. to 12%4. Both wind and solar farms may affect the use and enjoyment for 4. the purchaser5. For the lender it may mean that it affects the security on their 5. 5. loan6. For the lender and the purchaser it may affect property value

The Argyll Energy and Infrastructure search gives your clients the detail to make an informed choice!

Energy and Infrastructure let nothing be overlooked

Ctime

www.derbylaw.net 23


The University of SheffieldShape your future. Maybe you are a Fellow of The Chartered Institute of Legal Executives; perhaps you’ve gained your qualify ing law degree, or even undertaken a graduate law conversion course. Whatever the situation, now’s the t ime to look at the next step in your career, the Legal Practice Course.

At Sheff ield we offer an emphasis on pract ice and commercial awareness, embedding these within di f ferent teaching and learning methods. Al l our LPC tutors are qual i f ied sol ic i tors, enabl ing us to ensure that the f i les you work on and materials used reflect current pract ice.

Our well regarded and establ ished course si ts within our research-led School of Law and our students benef i t from the faci l i t ies and resources offered by the University voted number one for student

experience - Times Higher Education Student Experience Survey 2014-2015. With 1:1 support on careers and employabil i ty of fered for up to three years after complet ion of the course we support your ambit ion of becoming a valued member of the legal profession.

We offer f lexible study opt ions for LPC students and you can choose from either ful l-t ime or part-t ime study. The ful l-t ime pathway is taught in two stages and lasts one year, start ing in September and running unt i l June. You can expect to have on average ten hours per week of formal contact t ime in workshops. We also expect you to spend t ime on independent study preparing for workshops and assessments. I f you decided to take the course part-t ime you wil l study for both stages 1 and 2 over two years. You wil l be required to come in for one day a week al lowing you the rest

of the week to gain valuable work experience to enhance your CV and employabil i ty. The part-t ime course also runs from early September to June.

Our elect ives are also offered on a standalone basis for those wishing to learn a new area of pract ice, or to update their knowledge.

In jo ining us you’re not just a member of our School community; you become a member of our University student community in Sheff ield. You can enjoy 24/7 l ibrary services, WiFi across campus, pract ical help and careers advice, and an excellent range of clubs and societ ies to jo in as well as opportunit ies to engage with the local community through volunteering projects and student representat ion. With outstanding faci l i t ies to support your studies, Sheff ield is a university l ike no other. Join us.

www.derbylaw.net 25

S

East Midland’s first and only dedicated private eye surgical centre of excellence run by University of leicester teaching hospital based Consultant Eye surgeons

* May not be available during Christmas and new year and certain other times due to unforeseen circumstances when we would advice the patients to access the local nhs casualty

The SToneygaTe CliniCThe Stoneygate Clinic is a modern, purpose-built, private, state of the art eye, face and cosmetic clinic,

designed to provide a very personal and individual experience.

The Clinic is in the heart of leafy Stoneygate with plenty of dedicated parking facilities. In addition to being primarily an eye clinic, it also offers cosmetic and other treatments provided by leading and experienced

specialists and consultants.

ViSionTo be the Centre of Excellence for Eye Care in the East Midlands providing urgent care, routine clinical care,

investigations and day care surgical procedures for various eye conditions.

MiSSion STaTeMenTTo offer very high quality service at the only dedicated eye surgical centre in the East Midlands for insured and

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The Annual Bar Conference 2014

Let’s start with the venue! A different one and very pleasant this year! The Westminster Park Plaza in London is new and spacious offering a most international feel for visitors. The Conference took place in the basement areas and held the usual mix of formal key note speeches and break-out sessions. A tip for the newer barrister is to go to the ‘early bird’ session at 8:15 which was well attended (even for that hour of the morning). The subject was ‘pro bono’ assistance: quite often the first topic of the day. You get more CPD points if you need them for this session but do remember to sign in to each session to collect the hours.

With any Conference review, it’s a matter of selection from the vast collection of different things happening so I am going to pick highlights. From the ‘early bird’ session, I was particularly impressed by HHJ Laura Harris who mentioned the introduction of a Mackenzie friend form to be completed in some county courts- I hope this policy is extended. Such a snippet of information was one of many which make the day particularly useful, especially in those practice areas which currently experience particular sensitive issues such as the increase in the number of litigants in person.

The Conference was opened admirably by Richard Atkins QC who set the tone for the day highlighting individual sessions. The theme was ‘celebrating excellence’ and who better to do so than our Bar Council chairman for this year, Nicholas Lavender QC. It

was very much the sort of speech we wanted to hear because of what he covered. Readers of ‘Counsel’ can see a potted version of the 9 page speech (also on the web) but his theme was the Bar as it is today.

Then we moved to the keynote address from Lord Hughes of Ombersley. You cannot read his speech so I noted some highlights of what he said in what was a most thought-provoking and interesting set of points. As has been said before, attendance at a Bar Conference is actually a highlight of the

legal year just so you can hear the most senior lawyers tell us what we actually want to hear, warts and all: and that we are good. Hughes began by addressing the theme that “this conference is about you”. Yes, and then he gave some examples of how the true legal professional brings independent expertise and self-imposed disciple to the work we do.

Moving on, Hughes discussed how much reliance is actually placed on the work of the advocate. For instance, we, the advocates will ask ‘who is the judge?’ but we don’t really think that the judge will ask ‘who is in it (Counsel)?’ as though we might have forgotten the two-way street we walk upon.

I remember this from some marshalling during pupillage when I realised, sitting with the judges that they will do their own homework about who appears in front of them. So what happens in the robing room is probably well-mirrored in the retiring room: a point which we would all do well to remember. One point I did like was the possibility that a judge will form a preliminary view (as so often happens) then we come along and change it!

THOSE BREAK OUT SESSIONSA lot of them! I visited each session briefly to gauge support/interest in the subject-matter. Attendances were generally very good although some were much higher than others. The morning sessions covered: LASPO one year on (very popular); making use of EU law in domestic courts (well attended); exporting excellence- a workshop for the junior Bar (newer members were well represented but we do need more Conference-goers who have just been called); human rights (very popular… what a surprise as this continues to remain such a big and controversial issue for us all); vulnerable witnesses in the Family Court (useful content but narrow for some); great criminal advocates and what we can learn from them (well attended in what is a very large

CELEBRATING EXCELLENCE... AND THEY CERTAINLY DID! A review by Phillip Taylor MBE of Richmond Green Chambers

Richard Atkins QC (Conference Chairman)

Nicholas Lavender QC (Chairman of the Bar Council)

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room, and essential for members of the Criminal Bar).

The sessions after lunch were not so well attended as some had clearly left for the big rugby match but the sessions were all of a very high quality and delivery: the Chambers’ Pension Scheme; combating FGM (disappointing attendance for what is such an important matter); the Bar Mentoring Service; conducting litigation (not as many people as I expected and the jury may still be out on whether this is a serious starter for some- unlike the public access scheme which is a clear success); achieving excellence in advocacy at the Commercial Bar (no, not an oxymoron and actually very good value); and mock trials and pre-recorded cross-examination and the questioning of vulnerable witnesses in the criminal justice system which were both very much “hands-on” workshops.

Finally, there were two sub-plenary sessions on expert evidence and ‘thinking outside the box maximising your potential as a Barrister’ (which probably says it all!). By this time, I have to admit that fatigue does begin to set in a bit. Meanwhile, there was a good trip to be had around the exhibitions which are always enjoyable and the exhibitors both friendly and helpful.

The stalls were all extremely informative with the usual publishers and other regular exhibitors. This year, I saw that Inner Temple exhibited which interested me because they offer now a most useful service for potential barristers from the final school year students onwards who might wish to seek mini pupillage and find out what we do. Inner Temple set up system as a focal point for such interest to help secure such opportunities and it seems to be working well!

The final word goes to Sir Alan Moses. He chairs the Independent

Press Standards Organisation having retired from the Court of Appeal. He summed it up really in a great ending when he said: “I hope the public appreciates the need to cherish and cultivate those who seek to provide powerful and independent advocacy”. Yes.

The theme of the Conference is “celebrating excellence” and it did just that. Thank you to all concerned for such an informative day- do come next year because it’s worth it.

Rt Hon Sir Alan Moses, former Lord Justice of Appeal and the new chair of the Independent Press Standards Organisation

Rt Hon Lord Hughes of Ombersley, Justice of the Supreme Court


The Challenges for University Law SchoolsThe current climate is particularly challenging for University Law Schools. The government’s policy on tuition fees coupled with its policy on controlling student numbers makes recruitment of good quality students an issue for many law schools. In addition the emphasis on A-level grades as a criterion for opening admissions (this year there was a free for all on those students with AAB, next year it is suggested the free from all extends to ABB students) means that entry is becoming progressively more difficult for those nontypical students who may well be able to benefit from the opportunities offered.

Allied to this and increasing the challenge (or increasing the opportunities), is the fact that the Legal Education Training Review is due to report next year which may well bring in a whole new framework for qualification and post-qualification training. As yet there is little indication as to the way the review will jump but it is expected that the changes will be extensive.

This means that in the near future it is going to be essential that to remain successful law schools are going to have to change the structure of the courses and the way that they deliver them. This means a reimagining of the law school to ensure that it delivers an education which is both relevant to the needs of its major end-user i.e. the legal profession but yet retains sufficient flexibility for students who do not intend to practice as lawyers (around 50% of the typical intake).

Increasingly employers are looking to the work experience of students as a way of differentiating between applicants for training

contracts. Whilst most providers will use case studies within the professional routes, the case for clinical legal education is becoming irresistible.

To that end at Huddersfield we are opening a law clinic, staffed by students, in January. This will differ from many other offerings in that not only will students gain hands-on experience of dealing with clients and their problems but in addition they will be part of a major research project which will study the psychology of learning within that clinical environment. This is being supported by a joint research grant shared between the Law School and the Department of Psychology. The clinic will concentrate on the unmet legal need within the local area and will refer cases on to a network of local firms when appropriate.

Dealing with the postgraduate needs of the practitioner, we are developing for September 2013 an MBA in Legal Practice which will be structured specifically to the needs of partners and those aspiring to manage legal firms. This will be delivered in conjunction with the Management, Accountancy and Marketing streams within the Business School. With its flexible delivery channels and closely relevant content it is expected that this will prove extremely attractive to current practitioners.

We are however in a very fluid situation successful law school will need to be flexible and able to respond fast to a changing environment and the changing needs of the profession and the student.

Sean Curley PgDip(Law), LL.M, FHEA

The changing face of legal software

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Four members of the Legal Software Services Association (LSSA) take look ahead at what is ahead.

Big changes are afoot in the way information is stored and accessed. In the future expect that most data will be stored in far less structured ways than at present, and accessible to more

pieces of software. Also expect that every edit, addition or deletion, and maybe even view, will be recorded and auditable. We won’t mind where our data is stored, and we will expect different ways to access it depending on circumstance. Our data needs to be secured – by encryption, by multi-factor authentication or by whatever other means is necessary to allow only those who are legitimately required to have access to do so. There will be connectivity of applications and data. In the same way your smartphone magically seems to show pictures of many of your contacts, and your weather app defaults to where you are, expect your IT systems to link up, to predict what you are likely to want and to attempt to make that easy. An example might be a time recording system that knows where you are, what your calendar says you are doing, when you arrived and left and defaults a time recording entry. Sound far-fetched? No … it is happening now!

Glyn Morris, Advanced Legal and Chair of the LSSA

The need for legal professionals to work remotely will continue to increase. Many firms already take advantage of cloud servers or employ Software as a Service (SAAS). As more individuals work away from the office the uptake of cloud based systems looks set to continue and accelerate. Solicitors need access to Practice Management systems in real time while Practice Managers and Compliance officers need the ability to manage and monitor the activity.

Tablet devices are already a common site in courtrooms due to advantages in portability, speed and convenience. However PMS systems traditionally designed as desktop applications are generally not suited for use on tablets suggesting this could be a likely area of rapid development within the coming years.

Marcus Lewis, Perfect Software

The future of legal software is definitely within the cloud delivered as a service. The true portable office will finally see its day with the increasing level of fast broadband and all the software packages used within the office accessible from anywhere. The desktop PC as we know it now will disappear to be replaced by various sized touch tablet style devices. These will allow wireless keyboards and mice to be used giving the traditionalists a similar experience but the interfaces will be very similar so software used on the go and via tablets can be the same as in the office. Another big trend to come in legal software will be the use of various software translation services. These will be utilised in three main ways. 1. The ability to have conference calls with software doing real time language translation so all parties can talk in their preferred language and trust the software to translate for them so the other parties can hear it in the language of their choosing. 2. The software will be used to translate in meetings and record meeting minutes,

witness statements etc. in the same way dictation to text works now. 3. Real time document translation will be utilised to allow users to read documents written in a foreign language as if they had been written in their own language.

Steve Dixon, Select Legal Systems Limited

Legal software has morphed over time from a strictly back-office accounting tool, through to a system for managing the full matter and client life-cycle. In coming years, we will see systems develop into more flexible, more strategic tools to cope with increasing changes prevalent in the legal services market. Systems will need to be super-flexible – not only to allow the firms using them to embrace regulatory change, and that is something that will increase, but also to allow firms to embrace new work streams and the relevant cultures and processes therein. This flexibility will need to also stretch to the software catering for multiple entry points – multiple ‘experiences’. By this, I mean that the days of legal software being the sole preserve of a fee earner to manage their day will be long gone. Software systems will become the hub for every person involved in the matter – from the end client through to all relevant third parties (courts, agents, insurers, etc) and the fee earners doing the work. And these entry points must be bespoke to the person using them – the end client wants a very different experience from the ‘hub’ than the fee earner. This growing expectation of access and appropriate experience will drive change – and the law firms that embrace this quickly will be those that steal a march!Darren Gower, Eclipse Legal Systems

About the Legal Software Suppliers Association (LSSA)The Legal Software Suppliers Association (LSSA) is the UK industry body for legal systems developers and vendors. Representing most of the leading UK suppliers, the LSSA sets and maintains professional standards within the legal software industry, and also manages areas of mutual interest between lawyers and software providers. The LSSA is committed to developing clear channels of communication, so that law firms can gain the maximum benefit from their selected software solutions.

Glynn Morris


SurrogacyAt the dadcheck®gold DNA testing service, we have recently noticed a surge in the number of prospective parents wishing to enter into a surrogacy arrangement with an overseas mother. There are significant grounds for arguing caution in these arrangements, not least because there are cases where the intended parents are not at all linked genetically to the child born (or to be born) under the “surrogacy agreement”.

The identification of a reputable clinic (the chosen route for many) can be tortuous and if your clients wish to go down this path, we strongly recommend that steps are taken to establish the genetic link. Indeed, this is perhaps one of the reasons why the involvement of dadcheck®gold is increasingly requested by the legal profession. Surrogacy contracts are not enforced by UK law and are only legally binding in a small number of countries. Entering into a surrogacy contract overseas can be a very lengthy and complicated process which is heavily dependent on a number of situational factors. Also of importance, besides the obvious issue of the child’s passport, is the need for a UK based parental order which transfers legal rights from the surrogate.

There are two types of surrogacy which present different legal implications:

The first, “traditional” surrogacy, or artificial insemination, involves insertion of sperm into the fallopian tube of the surrogate mother, who will consequently be the biological mother of the child. As a result, the surrogate mother must agree to a series of legal obligations transfer her rights as the parent of the child to the individual(s) who have opted for surrogacy. The second, “gestational” surrogacy, more commonly known as in vitro fertilisation (IVF), involves implantation of an externally fertilised embryo where the biological parents do not involve the participation of the surrogate mother; therefore the child and the surrogate mother are biologically independent of one another. Whilst

the embryo may have one, both, or neither parents as participants in the surrogacy, under UK law the mother and father of the child is the woman who gives birth to the child and the man she is married to at the time of conception. Therefore, if the overseas surrogate mother is married, although the prospective parents’ names should be on the child’s birth certificate, the child is not necessarily recognised as automatically eligible for British nationality. The parents must apply to the Home Office for registration of said child as a British citizen before applying for a UK passport. On the other hand, if the surrogate mother is single, such an application to the Home Office is unnecessary provided that the father has provided evidence that he is genetically related to the child.

Both of these possibilities require the use of accredited DNA paternity testing, as this is imperative to confirm the biological father of the child and, ideally, also the biological parentage of the mother if the surrogacy is gestational. DNA paternity testing is mandatory evidence to support a passport application for the child to become a British national and must be completed by one of the DNA testing services on the list provided by the UK Ministry of Justice*, such as dadcheck®gold.Our dadcheck®gold service provides accredited testing for the legal profession and social services and we regularly liaise with the Home Office and various embassies worldwide to provide advice and DNA evidence in such matters.

The Foreign and Commonwealth Office provide a PDF document detailing international surrogacy on their website.

* https://www.justice.gov.uk/courts/paternity-testing/paternity-test

For more information, contact us via: Tel: 0191 543 6334 Email: [email protected]: 0781 231 1282

New

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Following on from the decision taken at the AGM in April to give

Broadening membe

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Documents

Transcript of D&DLS 53