D&DLS 54

D&DLS BulletinDerby & District Law Society

www.derbylaw.net March 2015

Also in this issue: A N N U A L D I N N E R – F I N A L R E M I N D E R – p a g e 1 0

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

Triathlon Winners 2015 Alex Cherry and Carri Swann- see p.8

www.derbylaw.net 3

Contents

D&DLS BulletinDerby & District Law Society March 2015

EditorialWell, the sun is shining and there are definite signs of Spring in the air – after I finish this Editorial it’s out pruning the wisteria for me, and it won’t be long before the drone of lawnmowers fills the air – so let’s hope that it’s not just the weather that is showing signs of improvement. In today’s post I received a mailing from Fisher German, who are clearly looking for rural properties to fulfil search briefs received from potential buyers, which is a sure sign that at least the seasonal upturn in the property market is under way.

Your Society has however not been dormant during the early part of the year – January 13th saw the ‘Celebrating Women in the Law’ Luncheon (report on p7) at which former Law Society President and current Northants. Law Society President Linda Lee demonstrated what can be achieved if you set your goals and single-mindedly pursue them. Much has been written about City ‘Supermum’ Nicola Horlick, but I reckon Linda Lee is the law’s equivalent.

Then in February came the annual Legal Skills Triathlon at which law students and junior members of the profession were put through their paces in a series of scenarios which tested their powers of negotiation, advocacy and client interviewing (with a particularly difficult client!) – and also introduced them to the realities of sometimes having to prepare at quite short notice. Hard work, but extremely valuable experience, which should stand them in good stead going forward. The results and photos can be found on pages 8&9- and don’t forget to enter the caption competition!

And by the time you read this in mid-late March we will have hosted Law Society President Andrew Caplen to a working lunch with a selection of senior representatives from local firms and other organisations. As I write this (March 10th) the lunch has yet to take place, but as it will be preceded by the outcome of The Law Society’s appeal against the legal aid judicial review verdict, I anticipate that that could well form at least some part of the agenda!

Talking of legal aid, the advice deserts created by the budget cuts mean that it is vitally important that members are aware of the alternative sources of advice which are available and to which needy clients can be signposted; Sue Jennings refers to Direct Help & Advice (DHA) in her article (p5), and fuller details of the services they offer in the area of housing and debt advice can be found on p15.

Looking forward, we have the Annual Dinner on April 17th (p10), and I do hope that your firm is planning to take a table, or at least be represented at what will be Sue Jennings’ swansong as President before she hands over to Di Copestake at the AGM on April 27th.

I will be emailing all members about both of these events shortly to further encourage a good turnout. I will again be sending out the Notice, Agenda, Accounts and AGM papers electronically.

The AGM will see the retirement of Arthur Titterton from the post of Honorary Secretary; Arthur has been on the Committee for some 30 years (or so he tells me – I haven’t been in post that long!) so it

would be nice if colleagues turned out to recognise his contribution to the work of the Society for all that time. Fiona Apthorpe has indicated that she is willing to stand for election as Arthur’s replacement, but as the Committee is not a ‘closed shop’ – perhaps contrary to the impression held by those who have not taken much interest – any other member who wishes to put themselves forward is welcome to do so; if you are interested and want to know what is involved, contact me at [email protected] or call me on 01283 815030 for a chat and to request a nomination form, You will need to obtain the signatures of ten current members of the Society in support of your candidacy and to have returned the completed form to me at least 14 clear days before the date of the AGM (ie April 13th) to do so.

Talking of replacements, we unfortunately also need to find a replacement for Tony Russell as our Constituency Council Member, as he has had to resign from his position due to continuing ill-health. Further information can be found on p14, along with a link to The Law Society’s website for fuller information. If you want Chancery Lane to be aware of and take note of the views of practitioners in the provinces this post is vital in ensuring that your voices are heard, so I do hope that someone comes forward; if you are interested, please let me know.

Well that’s all for now – I’m off to sharpen and oil my pruning shears, and dust off the lawnmower!

Peter BallAdministrator

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3 - Contents

3 - Editorial

4 - List of Officers

5 - President’s Page

6 - Membership News

7 - Women in Law lunch

8 - Skills Triathlon 2015

10 - Positions Wanted

10 - Annual Dinner Reminder

12 - CPD Programme

13 - Booking Form

14 - Council Member wanted!

15 - DHA

16 - The Management Column

18 - Magna Carta Anniversary

20 - Sturm und Drang

22- Energy & Infrastructure

24 - University of Derby LPC

26 - Look before you leap!

30 - A sense of self

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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

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From the President...

‘Adapt or die’ would appear to be the message from Westminster to law firms as the coalition ploughs on with its austerity measures…

For those preparing business plans for the new financial year, reviewing end of year figures in preparation for a plea for a pay rise, or considering future career prospects, it may be worthwhile reflecting on Leon C. Megginson’s (Professor of

Management and Marketing at Louisiana State University) observations:

‘According to Darwin’s Origin of Species, it is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is best able to adapt and adjust to the changing environment in which it finds itself.’

The Law Society of England and Wales, currently under the lead of President Andrew Caplen, would appear to have taken heed of this, judging by its new ‘client-service’ philosophy and aggressive stance on legal aid and court fees. Whilst it is clear from the President’s regular email correspondence that the Society is taking pro-active measures, some critics say this is too little too late and it would appear that the Society has a long way to go to re-establish itself in its members’ minds as a credible representative body. I shall be asking him about his views on this during his visit on 12th March.

I recently attended an Employment Law Masterclass run by Daniel Barnett and am sure he won’t mind me sharing his suggestion for a new growth area in work for criminal lawyers:Arresting Police Officer: ‘Let me get this straight…you stole £1200 from your employer so that in the event that he discovered the theft and sacked you, you could then afford the fee to bring a claim to an employment tribunal?’

My daughter’s Guide Unit took part in the YMCA Sleep Easy event at Derbyshire County Cricket Ground on Friday night, swapping their beds for a cardboard box outside for the night to raise money for the homeless. With the erosion of legal aid and the after effects of the recession, figures for 2014 suggested that there were 769 individuals or families made homeless, or about to be, in Derby City in 2013-14 - more than three times the figure from 2012-13.

The growing diversity of D&DLS’s membership is reflective of this: YHA, Trent & Dove Housing, Derbyshire Law Centre, and Direct Help & Advice (DHA) to mention a few. DHA (formerly known as Derby Housing Aid and a Not for Profit charity and dare I mention it, the winners of the wooden spoon in the Annual Quiz!) have written to me this month asking for assistance in raising awareness amongst our members of the free legal advice they offer

to people who are facing homelessness, possession action or eviction from their property or suffering from serious disrepair. They have helped roughly 1,000 people/families from being made homeless through their solicitors/caseworkers in the Derby-Derbyshire area but know that they can help far more if more people were aware of DHA’s existence.

And finally…have you booked your place at the Annual Dinner yet? If you haven’t got a full table, your firm isn’t coming, or you’re not senior enough to be part of your firm’s table, but still want to come, don’t be put off. Contact our Administrator, Peter Ball who is putting together mixed tables and he will accommodate you. If you’re a junior lawyer, contact Ben Lawson at [email protected] as he’s organising tables for the junior end of the profession. It promises to be a good night…a string quartet, Tim Brooke-Taylor, good food, wine, dancing... I hope to see you there!

Sue [email protected] 2014-2015

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Membership News

Banner Jones Solicitors become a ‘Trusted Trader’Banner Jones have become a recent member of the Derbyshire County Council Trusted Trader scheme.

The scheme, with its distinctive purple logo was set up in 2008 to help local people find traders and businesses who are committed to providing good customer service at a fair price.

Sarah Nadin, Solicitor at Banner Jones comments “The Trusted Trader scheme does exactly what it says on the tin. For me, one of the main benefits is that it helps to protect older and more vulnerable adults by making it easier for them to find and use reliable, trustworthy suppliers. A large proportion of my clients in our Wills and Probate department are elderly and we know that choosing a solicitor can sometimes be daunting. I am delighted that we have become members of the scheme as the Trusted Trader badge will

act as an indicator of our reliability, offering reassurance of the quality service we provide.”

The scheme has over 1300 members across several trade and service sectors. Banner Jones become one of only three member law firms and the only one in Chesterfield town centre.

Editor’s Note: In view of the aims of this scheme, and the fact that there appear to be only 3 local law firms included, perhaps more member firms might benefit from participation?

Lawyers in Schools - regional pilot

Lawyer in Schools in Derby?

Lawyers in School was established by The Citizenship Foundation in 1999 to bring the law to life for young people. It aims to develop young people’s awareness and understanding of the law, the legal system, their rights and responsibilities and how the law affects their daily lives. How Lawyer in Schools works

The Lawyers in Schools team partners lawyers with local schools to run six interactive, hour long workshops with students aged

between 13-16. The workshops are run during at the school and cover aspects of the law which are relevant to their lives such as Human Rights, Police Powers, Consumer law, Social media and the law and so on.

This year Lawyers is Schools are excited to announce that they are running a regional pilot variation of the programme in order to help the project expand across the UK so that even more students and lawyers can benefit from it. The pilot will involve creating hubs of local law firms so that they can split the cost of participating in the programme and pool their resources. The cost of the programme covers :• A two hour training session for the volunteers• All the materials required to run the sessions, which are created by educational experts within the Citizenship Foundation• A marketing manual, created by the Law Society so that law firms are able to effectively and efficiently publicise their work in the community• A partner specific evaluation report showing the impact of the partnership on the lawyers and students• A member of the Lawyers in Schools team acting as the facilitator between the lawyers and schools• On-going support of the Lawyers in Schools team If you, or your law firm are interested in taking part in the programme or want to learn more please contact Therri Tait, the Regional Project Officer, at [email protected]., cc Peter Ball at [email protected]

Society’s latest potential Junior MemberCommittee member Manesha Ruparel missed the March 4th Committee meeting, and uncharacteristically failed to send in prior apologies – the picture confirms that she was otherwise engaged, as Ruparel Junior was born on the morning of March 5th!

We are pleased to report that mother and son are both doing well – congratulations to all concerned.

Celebrating Women in Law lunch, January 13th

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President Sue Jennings welcomed over 50 women from the local legal profession, ranging from the judiciary and solicitors to trainees, law academics and students, to a luncheon at the Cathedral Quarter Hotel to celebrate Women in Law.

The inspiration for this event was the ‘First 100 Years’ Project launched by Obelisk and The Law Society to mark the forthcoming 100th anniversary of women being allowed to enter the legal profession. The project’s aim is to chart the progress of women in the law over the last century in order to inspire the current generation, as well as providing an opportunity to consider how we can bring about change in the future.

The importance of positive female role models in encouraging and inspiring women in the law was a key theme of guest speaker Linda Lee’s address to the guests. Linda began her career as a Solicitor whilst raising her young family, starting out in law firm Hopkins in Mansfield. Only the third woman to have held the role of President of The Law Society of England & Wales and the current President of Northamptonshire Law Society, she holds numerous other offices in addition to working as a Consultant.

Linda urged female lawyers to consider doing one thing towards changing attitudes in the legal sector - to help redesign the profession to make it work better for both men and women. Reflecting on the

historical rise of women in the law, Linda remarked that she had been struck by how “remarkable things can be achieved by seemingly unremarkable people”.

A question and answer session followed which led to a frank and open discussion on how we could achieve that ‘one thing’. Ideas ranged from starting at grass-root

level, with mothers of sons teaching them to take responsibility for themselves from a young age, developing a quid pro quo where lawyers help one another in the workplace instead of competing against one another and an appeal to judges to set realistic deadlines in court orders that working parents and carers can meet.

It has to be mentioned that there were 2 token men in the audience whose invitation was subject to their bringing their cheque books: Kevin Bampton, Head of the College of Law and Criminology at the University of Derby, who very kindly sponsored the event, and Peter Ball, D&DLS’s administrator, a vital cog in the organisation of proceedings.

Many unsolicited comments of praise were received afterwards, requesting a repeat of the event, perhaps on an annual basis. One judge commended the ‘positive messages’ from the speakers, others enjoyed the opportunity to network and share experiences and explore how to improve the legal profession for all. Law student, Amie Krubally said that for her ’the experience highlighted how far women have come in the legal profession, which is important in encouraging the upcoming generation, as often we overlook this when we consider how much further we have to go.’

Members at the pre-lunch reception

Speaker Linda Lee (r) with President Sue Jennings (l) and sponsor Kevin Bampton (c) of Derby University’s Dep’t of Law


Triathlon 2015This year’s Triathlon, held on February 25th at Derby University again saw 8 law students paired with 8 trainees/NQs from the profession in a test of their negotiating, advocacy and client interviewing skills before panels of judges drawn from both the university and local firms.

At the end of a gruelling day - which will certainly have made (at least) the students aware of the pressures often encountered in a solicitor’s working day - the contestants, judges, law students and members of the local profession attended the presentation ceremony hosted by Scott Atkins, at which the individual and team prizes were awarded by D&DLS President Sue Jennings, who arose from her sick-bed to officiate.

Geldards trainee Carri Swann was the outstanding performer, carrying off the individual prizes for advocacy and negotiation and (unsurprisingly) forming half of the overall winning pair, along with student Alex Cherry.

THE FULL RESULTS:Best team overall – Carri Swann (Geldards) and student Alex CherrySecond overall – Danielle Upton (Smith Partnership) and student Adina MartinThird overall – Stephanie Wills (Flint Bishop) and student Jennifer ChinabuBest Advocate – Carri SwannBest Negotiator – Carri SwannBest Interviewer – Danielle Upton.

At the post-Q&A buffet Carri Swann quietly requested that her prize money be donated to the Coram Children’s Legal Centre charity, insisting that she didn’t feel that she deserved it, and that if she received it she would ‘only go and spend it’ (and here’s me thinking that that’s what money is for!). On hearing this one of the members of the Q&A panel of judges was so impressed he said that he would match her donation; Carri is to be congratulated on both her modesty and spirit of generosity.

Between the presentations and the buffet five members of the local judiciary (pictured) kindly offered their time to answer questions from the floor, which proved to be both an educational and entertaining experience [Editor’s note: there is a bottle of wine for the best answer to the question ‘What is His Honour Judge Orrell saying?].

Whilst not pretending that the day is not hard work, it is also undoubtedly very rewarding for all contestants, who gain valuable experience and feedback on key skills which are of relevance whatever the area of law being practised – and of course for the winners it is equally rewarding financially.

If as a D&DLS member reading this you are responsible for mentoring your firm’s trainees or newly-qualified solicitors, you should give serious consideration to encouraging them to enter next year, as both they individually and you as a firm can only benefit from the improved competence and confidence which will result from their participation.

Second-placed Danielle Upton and Adina Martin

Best Advocate and Negotiator Carri Swann

Best Interviewer Danielle Upton

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Third-placed Jennifer Chinabu and Stephanie Wills

HH Judge Orrell clearly shocks HH judge Pugsley

Our cover stars, Triathlon winners Alex Cherry and Carri Swann


Annual Dinner 2015 – Final reminder

Positions Wanted

This is the final reminder about this year’s Annual Dinner, to be held at the iPro Stadium, Pride Park on Friday April 17th, 7 for 7.45 – late.

Bookings are coming in slowly, and I hope that this is because firms are still finalising their guest-lists before contacting me – if this is the case I would appreciate it if you could email me now, to reserve your table(s) whilst you are still finalising your party, so that I can get a feel for likely numbers in my discussions with the venue. Please remember that as last year I have to finalise numbers and pay for the meals one week before the event, and so I will need your confirmed numbers (not necessarily names) and a cheque to confirm and pay for your booking by Friday April 10th at the latest. The booking form is to be found elsewhere in this Bulletin.

The ‘official’ speeches, to be given by the University of Derby’s Vice-Chancellor, Professor John Coyne and D&DLS President Sue Jennings, will be short to allow time for our main speaker, Tim Brooke-Taylor to entertain us. Tim is a scion of the Matlock 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, and we are indebted to Professor Coyne for using his influence to persuade him to speak (as a holder of an Honorary Degree Tim was reminded that ‘this sort of thing is expected from time to time’!), so as demand for places will (or should) be high please let me know what numbers you are currently thinking about.

Menu Starter: Poached Pear & Waldorf Salad

with Celeriac remoulade Main: Pan-fried Maize-fed Chicken

with crushed new potatoes, spring onion, butternut squash puree, sugar-snap peas

Desert: Duo of Tarts Chilled Citrus and Belgian chocolate with a duo of sauces

Alternative courses:(only if pre-ordered)

Starter: Vine Cherry Tomatoes with Buffalo Mozzarella

Main: Tomato & Butternut Squash Tartwith whipped sweet potato mash and red onion marmelade

Desert: Fruit salad

LOCUM WORK - PI /Civil Litigation

DaviD HarDy, latterly of Simpson Solicitors and formerly of Hardy Miles Titterton is available for Locum

work from the 1st November 2014.

His expertise is in Personal Injury work but he has also undertaken some Civil Litigation work.

He has in excess of 50 years experience in Personal Injury work during which time he has dealt with many

thousands of cases both large and small.

He will be flexible with regard to his charges.

He is from an age of quills and pigeons and is basically non-computer compliant but learning slowly. He

will also be happy to ‘mind’ non-personal injury/civil litigation cases including attending Court/Conferences

with Counsel. •

4 Sefton Way, Duffield, Derbyshire DE56 4HS -Willing to travel within a reasonable distance-

e-mail: [email protected]: 01332 842008.

Work ExpEriEncE

WantEdAndreea Milea

I am a second year Law Degree student at the University of Derby.

I am looking for unpaid work experience within 5 miles of Derby so that I can develop my

understanding of what it is like to work in a legal environment.

I am an intelligent, hard-working individual and believe I could be a useful person for you to

have at your offices.

If there is any opportunity for me to spend some time (however much is convenient to you) in your business, I would be most grateful to hear from

you.

Mobile: 07760 816579Email: [email protected]

C

www.derbylaw.net 11

President Sue Jennings welcomed over

The inspira

CommerCial ProPerty SoliCitorDerby£35-£45k

reSiDential ConveyanCer Derby£28-£35k

WillS anD Probate SoliCitormanSfielD £30k - £40k

ConveyanCing aSSiStant manSfielD£16k - £19k

CorPorate legal SeCretary£17k - £19k Derby

12 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

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

Commercial Property

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:

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

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

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

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)

ANNUAL DINNER

Friday April 17th iPro Stadium 7.00 for 7.45

- late n/a £45.00 £45.00

www.derbylaw.net 13

We need a new Constituency Council Member

The timescale is that any local member of The Law Society who wishes to put themselves forward has from March 20th to April 24th to serve notice of their wish to stand.

A summary of the post’s responsibilities is:

Role description of a Council Member

Purpose of role (1) To contribute to the Law Society achieving its objectives through good governance and high quality, timely Council policy decision-making. (2) To represent the views and interests of, and report to, constituents. (3) To contribute to the Council carrying out its key functions:

Key tasks/responsibilities [These responsibilities apply to members throughout their work on behalf of the Society] (1) To keep themselves informed of the Society’s work and current issues. (2) To keep themselves informed of and up to date with their constituents’ interests, and represent their interests. (3) To communicate with their constituents about the Society’s work. (4) To be in a position to devote the necessary time to their work as Council members. (5) To attend Council meetings (and other meetings, as appropriate) regularly; if absence from a meeting is unavoidable, to inform the responsible staff officer in advance. (6) To prepare for meetings and participate fully in decision making. (7) To contribute to the Council’s work outside meetings, including through e-mail and discussion forums. (8) To perform an ambassadorial and advocacy role for the Law Society. (9) To work constructively with other Council members and staff. (10) To have an appropriate sense of stewardship of the Law Society’s assets and to be vigilant when considering proposals for expenditure to ensure that the proposal is financially viable. (11) To comply with the Code of Conduct for Council members, including the Code of Practice on Conflicts of Interest, the Freedom of Information Code, and the Bullying and Harassment Statement and to ensure that their entry in the Register of Interests is kept up to date.

Term of Office

The term of office for a Council Member is four years. This only differs when a member retires early then their successor fulfils the remainder of the outgoing member’s term. This would be the case for the Derbyshire & East Staffordshire seat, the new member would only serve two years (until 2017) as Tony Russell left half-way through his term.

Council Member expenses

The Law Society will refund expenses for coming to Council, board and committee meetings. If you are elected you will be provided with guidelines which are in our Council, Board & Committee members’ expenses policy.

Annual Allowance

In addition Council Members can claim an annual allowance for incidental expenses (currently £1,252). Again guidelines are provided in our Council, Board & Committee members’ expenses policy.

Fuller details about the role of and elections for The Law Society’s Council can be found at www.lawsociety.org.uk/about-us/elections/constituencies, so if you are interested in finding out more, please follow this up. Ravi Hothi at The Law Society’s Midlands Regional Office will also be happy to provide whatever assistance and guidance he can, and can be contacted at [email protected]. If you are interested, can you also please drop me an email at [email protected] so that I am aware of what may be happening.

We thank Tony for his services on Council, and wish him well in his recovery.


Unfortunately Tony Russell, our current Council Member has had to tender his resignation due to continuing ill-health. This means that we need to find a replacement to represent the profession in the Derbyshire and East Staffordshire constituency. The role of Constituency Council Member is vital in ensuring that The Law Society is made aware of the views of and issues facing the profession locally, the better to ensure that TLS policy is soundly-based and reflective of the views of the profession as a whole, and not just those who are active and/or parochial or have particular interests at stake

www.derbylaw.net 15

Direct Help & Advice

Direct Help and Advice is an independent charity established in 1992 to tackle homelessness, poverty and housing difficulty. Over the past 23 years we have developed services to address the growing needs of our local community including specialist legal advice, training and employability services and homelessness prevention projects.

We believe that everyone has the right to legal justice regardless of their ability to pay, where they live or the barriers they face. At the heart of DHA is the provision of FREE legal advice and advocacy services for people who would otherwise be unable to access this kind of aid. We secure basic needs, protect and preserve legal rights, provide equal access to justice and seek fairness and dignity for our clients through quality face-to-face advice, advocacy and court representation to help people address and overcome their problems. Our Legal Advice Service; Direct Help and Advice offers FREE, high quality advice in housing and debt and holds the Specialist Quality Mark in both areas. The service is delivered from our main office in Derby city centre and in 9 other outreach locations throughout Derbyshire, Nottingham, Burton and from our Training and Skills centre in Ilkeston. The specialist advice team is made up of over 17 solicitors and caseworkers, each of whom is committed to achieving the best possible outcome for each case. DHA services include: Possession orders/Eviction notices- Unlawful eviction- Serious Disrepair-Housing ant-social behaviour orders and also;• Working on behalf of tenants to fight illegal eviction or harassment• Providing people with urgent advice and advocacy in order to deal with a range of housing issues, including property disrepair and rent levels • Creating workable, individualised plans for the immediate time period of someone leaving care, including appropriate accommodation and links to employment referrals • Dealing with situations of harassment and discrimination that can lead to homelessness• Helping people to prove families’ vulnerability due to issues like the number of dependencies, mental health or age, to show that they are eligible for local authority housing provision

Our impact; DHA’s own Service User statistics show that in 2014 the Charity handled 5,168 cases with priority debt 1,455, possession 1,225 and homelessness/re-housing 828 issues.

Example CaseChloe’s family is from Derbyshire, their story highlights the impact that homelessness can have on the lives of children and their family when they are not able to access the necessary support. A mix up with the housing benefit department pushed the family into rent arrears without their knowledge, resulting in an eviction order being placed on their family home. A few days later, the family returned home to find that the locks had been changed, and there were two strangers in their house packing up all of their worldly belongings.

‘I just wish my family was like everyone else’s” Chloe, 8, and her family were given no option but to go to a bed and breakfast over 10 miles away from school, family and friends with no way means of transport. Four of them were given two beds in a room with no cooking facilities other than a kettle, forcing the family to eat ready meals such as Pot Noodles, which can be prepared with only hot water. With her family in bed and breakfast accommodation, the pressure on her parents to find a new home put their relationship to the test. For the first time, she saw them arguing and crying as they and her little sister struggled to adapt to life in one room.

OUR VISION IS FOR EVERYONE TO HAVE A DECENT, SAFE HOME, FINANCIAL STABILITY, HEALTH AND SOCIAL INCLUSION.

Our contact details are by telephone 01332 287750 or by e-mail on [email protected]

Dr Christopher R PlowmanBSc MSc Clin Psych D CPsychol AFBPsS

Consultant NeuropsychologistI specialise in the neuropsychological assessment of

the cognitive, emotional and behavioural consequencesof Acquired Brain Injury in adults following road-traffic

accidents, assaults, hypoxia, or exposure to toxicsubstances. I have experience in assessing the neuropsychological

consequences in cases involving neurotoxicology, epilepsy, drug and alcohol misuse, tumours, HIV and in the areas of Personal Injury

and Clinical Negligence.

I am a recognised Expert by Cardiff University LawSchool and Bond Solon, and I am trained in the legal

aspects of report writing, giving evidence in Court andthe responsibilities of a Single Joint Expert. I have provided

medico-legal reports in Personal Injury and Clinical Negligence cases for over ten years and in the past three years have provided over 100

reports for Defence and Claimant solicitors as well as Joint instructions.

Correspondence address:PO Box 15858, Solihull B91 9RN

Tel: 0121 707 0482 Fax: 0121 706 2822Email: [email protected]

Consulting rooms in:Coventry,

Manchester, Leeds

and Sheffield

The Need - 95,000 children in Britain – the equivalent of three in every school –

spent Christmas homeless, Government & Shelter figures show.

Money laundering involves channelling criminal funds into legitimate transactions.

Mortgage and property fraud involves legitimate funds being used in criminal transactions.

All members of a law firm need to be able to spot unusual aspects to a transaction or a client and to report matters which alert suspicion.

For Accounts teams, the key money laundering issues are as follows:

Key criminal offences:

• Receiving criminal funds into Client Account (s329, Proceeds of Crime Act 2002)• Retaining criminal funds in Client Account (s329, as above)• Transferring criminal funds as part of a transaction (s327 as above)• Not reporting information that suggests that someone is money laundering (s330, as above)• Receiving and retaining funds where there is no work being done for a client (Rule 14.5, SRA Accounts Rules)

Do please note that you can usually only be convicted of an offence if you have reason to be suspicious; if everything appears to be OK, you can assume it is. However, if anything unusual arises, you would be expected to spot it and query it.

What to look for:

There is no definitive list of things to look for but the following would be sufficient to raise an initial concern:

• Funds arriving in Client Account from unknown or unexpected sources (foreign banks, banks other than the ones you thought the funds were coming from)• Funds arriving where no client work is being undertaken (no file number)• Funds arriving from third parties other then the named client (relatives and friends)• Request to move funds at short notice or unusual times• Requests to send funds other than to the client or expected third party• Requests made directly by client (rather than via fee-earner teams).

Other matters to consider:

Whilst third parties can obtain such information if they really want to, one should not disclose Client bank account details unnecessarily (in order to prevent unwanted funds transfers).

General steps to protect the Finance team:

Ideally, Finance should be informed of

• Who the client is• The value of the funds expected during a matter• The source of the funds (clients, third parties, etc)• The bank from which the funds are expected• Any unusual aspects (funds remitted to unexpected destinations) and• When funds are expected

This will not always be possible, but such information enables Finance to approve and undertake money movements without having to cross-check with fee-earners every time.

What to do if you are worried about an unexpected money movement:

• Discuss the matter with your MLRO• Seek confirmation from fee-earners/COFA that transactions/money movements are genuine• Make an attendance note of any matters that are unexpected, even if fee-earners confirm they are genuine• Notify Head of Finance, COFA and MLRO.

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.

Money-laundering & Property fraud – Key points for Finance & Accounts teams


The Management Column


Liberty or Oppression:Why we still need “The Great Charter” of 15.6.1215

King John was a truly appalling English monarch. History has been far too kind to him with all the personal publicity he has attracted over the centuries. He was finally tracked down to what was (and sometimes still is) the boggy island of Runnymede in a River Thames flood plain. John was forced to seal the “Great Charter” or Magna Carta to grant some basic rights… and a lot of detailed clauses concerning land to entrench the power of the Barons which they were far more concerned about at the time.

The basis words of ‘The Great Charter’ which still have direct meaning for all of us in 2015 are as follows:

“No free man shall be seized or imprisoned, or stripped of his rights or possess… nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land”

And

“To no one will we sell, to no one deny or delay right or justice”.

It’s a great pity that so many of our ‘leaders’ in this country (and, for that matter, America) have seen fit to ignore these fundamental principles when it suits them… even as recently as between 1997 and 2010.

The disgusting King John was just one of many psychotic, mass murdering monarchs we, the people, have had to endure as our ‘leaders’ throughout history although today we do at least have elections to get rid of them. However, that doesn’t seem to have stopped some of them from attempting to revoke the three main clauses of ‘The Great Charter’ when they feel like it even in recent history. That is why this document is so relevant because otherwise oppression would rule.

The Magna Carta rights were strongly fought for against a stupid man who had little or no sense but a massive feeling of “claim” to have whatever he wanted, when he wanted it. History is stuffed full of such despots so in June 2015 we commemorate the sealing of “The Great Charter” with a sense of continuing purpose for us all now as ‘the people’, or ‘the majority’. Between the 800 years which have passed and altered the place of all of us in our communities, UN and Human Rights legislation, notwithstanding, that passage of time has not dimmed the shear strength of the basic rights achieved at Runnymede.

Runnymede is well worth a visit although many will find it somewhat of an anti-climax as there really is not too much there! In true English understatement, there is nothing much from us except some words on a stone wall by the car park. To the rescue come the American Bar Association (who treat these things much more seriously, for good reason after George III) and they have constructed a commemoration monument over-looking the flood plain of Runnymede. Just take care when you go there as it can get pretty wet. This Memorial is on Cooper’s Hill and was unveiled as recently as 1957.

Next to it just farther up the hill is another touching stone memorial to President John F Kennedy which reads:

“This acre of English ground was given to the United States of America by the people of Britain in memory of John F Kennedy President of the United States 1961-63 Died by an assassin’s hand 22 November 1963.”

There are some other words beneath which say:

“Let every nation know whether it wishes us well or ill that we shall pay any price, bear any burden, meet any hardship, support any friend or oppose any foe in order to assure the survival and success of liberty”.

So what is the importance of the link between Kennedy and Runnymede? Just about everything we hold dear as Kennedy’s death provides just one example. So do visit Runnymede and just remember how lucky we are to have kept “The Great Charter” against all-comers who want a little bit of their own despotism inflicted on us.

Kennedy’s murderer took away a bit of all of us in 1963 that’s why it has taken the Americans to put up these memorials on Cooper’s Hill (not the English) because they have seen at first hand, even as late as the 20th century, just how easy it can be to slide down the slippery slope from liberty to oppression.

Please take a minute of your time on 15th June 2015 to think of those events when John was finally caught up with and stopped at Runnymede so that we might all benefit and enjoy the most basic of human rights in our communities in perpetuity.

The relevance of Magna Carta granted in 2015 as we commemorate 800 years since its sealing at Runnymede by Phillip Taylor MBE of Richmond Green Chambers

Runnymede monument

The Sturm und Drang of partnerships

20 www.derbylaw.net

Chris Makin

“Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.” – Partnership Act 1890, Section 1(1).

Sounds easy, doesn’t it? A group of like-minded people putting all their skills and enthusiasms into running an enterprise – a legal practice, say – and sharing the fruits of their efforts.

If it works, it can be very satisfying and remunerative. If not – if the partners put more effort into Storm and Passion than into earning fees – it can be an expensive disaster. I’ve seen both, as a partner and managing partner myself, and as a mediator, expert determiner and expert witness. When things go wrong they can be horrible, and the partners can end up destroying the very business over which they are fighting.

In this article we look briefly at how to avoid difficulties in future, and what to do if things go wrong.

Preaching the obvious, every partnership should have a written and legally binding partnership agreement. Identify the partners, their titles and functions, their responsibilities, voting procedures, majorities necessary for certain decisions, and so on. I was once in an old-established partnership where the agreement required a 100% vote both to admit and to dismiss a partner; a pathetically inadequate partner could not be required to leave because turkeys don’t vote for Christmas. That was plainly stupid. And it is surprising how many practices have an agreement which was never signed or even completed. As solicitors well know, a partnership agreement does always exist, whether in the form of a written agreement, a verbal agreement or as evidenced by the custom and practice of the partners; and a written agreement may be changed by the actions of the partners. But the written agreement should cover all eventualities, and it should be amended in writing when circumstances change.

When all is sweetness and light – a group of people setting up together, or a new partner being admitted to an established firm – make sure you deal with the awkward subjects: is goodwill to be valued? How? If groups of clients are to be taken over, how are they to be valued? How to value debtors and WIP

on a dissolution? Is the partnership to be for a fixed period? Is there to be a barring out term imposed on a partner who leaves? What about gardening leave? Is there to be a fixed retirement date (take care with age discrimination)? Who takes on each member of staff, and their TUPE responsibility? and so on.

It is also worthwhile to have a dispute resolution clause in the agreement. These are commonplace in, for instance, a company share/purchase agreement, so why not in a partnership agreement?

If a partnership does go wrong, what next? With a good partnership agreement and a DR clause, it may be relatively easy to bring matters to a conclusion, and that is so important: the partners have responsibilities to their clients, their staff, their families and their own professional reputation and financial well-being. So any dispute between partners should be resolved promptly and confidentially.

Here are examples from my own experience of how to deal with partnership disputes, and how not to.

The first is a bad one. In a 3-man legal firm, the senior partner had retired and the amount of his entitlement could not be agreed. As well as the usual arguments over goodwill and WIP, the values of the law library, the computers, the boardroom furniture were all at large. The partners appointed a very senior arbitrator, but his fees were almost as much as the amounts being argued, and his findings were merely on matters of principle. I was then appointed to make an expert determination of the quantum of each item in dispute. Thus matters were concluded, but at substantial expense, and my impression was that the dispute could have been settled at a mediation, in a day, two years earlier, and at about one-tenth of the cost.Example two started badly, but got better. In a 7-man accountancy practice, one partner had simply left without notice and taken a group of clients and some key staff. Litigation had started, and I was appointed as SJE to express my opinions on goodwill, debtor and WIP values. I had to take oral submissions from all parties. I developed such respect from the parties that I felt confident that I could help them to settle if I acted as their mediator. Solicitors on both sides were interested, but nervous that, if the mediation failed, they would have to start again with a new SJE, since a mediator cannot take part in any subsequent litigation. So instead I was

appointed expert determiner, I was able to issue a determination of goodwill, debtor and WIP values etc, and so the dispute was resolved, speedily and relatively cheaply.

The third and final example worked well. I was in a regional practice and we planned to merge into a national practice. The deal-breaker was that one of our partners didn’t fit into the national firm’s strategy, but wasn’t prepared to walk away. Our managing partner asked me what we should do. As a then freshly-qualified mediator, I told him that mediation was the answer. It worked: all partners but one joined the national firm, and the one left behind was given his clients and WIP on easy terms, a period of rent-free office space, and so on. He was so pleased with the deal that he then qualified as a mediator himself!

So to conclude: partnerships are a huge power for good, but not if they go wrong. Take the most careful steps to agree a set of rules at the outset, and stick to them. But if things go wrong, it can be very difficult negotiating with your erstwhile friends, and it is sensible to enlist the help of an independent professional whom all sides respect.

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

Chris Makin has practised as a forensic accountant and expert witness for 23 years, latterly as Head of Litigation Support at a national firm. He has been party expert, SJE, Court appointed expert and expert adviser in hundreds of cases, and given expert evidence about 70 times. He also performs expert determinations.

Chris is a fellow of the Institute of Chartered Accountants where he serves on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and an accredited mediator. He is also an accredited forensic accountant and expert witness.

He practises as an expert witness and mediator from West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH. He has mediated a vast range of cases, with a settlement rate to date of 80%.

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 SEARCH The Argyll Energy and Infrastructure search has been a popular addition to the Geodesys product range since we introduced it last year. As potential energy and infrastructure risks are flagged by the Search Alert tool on the Geodesys website, our clients are given clear guidance on whether they ought to be ordering the search as part of their due diligence.

Risks covered in the Energy and Infrastructure searchThe categories of risk covered are:• Oil and Gas• Wind Energy• Solar Energy• Renewable Power Plants (this is a new additional risk)• High Speed 2 (urban and rural areas)• Cross Rail• Yorkshire and Humber CCS Pipeline

New improved contentTo keep up with the ever-changing world of new energy and infrastructure projects, a new version of the report is now available. The updated search now comes with the following enhancements:• Brand new data on the location of Renewable Energy Plants including Anaerobic Digestion, Biomass, Co-Firing, Heat Pumps, Hot Dry Rocks, Landfill Gas, Muncipal Solid Waste Combustion and Sewage Sludge Digestion.• Clearer explanation of technical content making it easier for you and the homebuyer (or commercial purchaser) to get the full picture. The nature of the risk, the potential impact and what can be done about it are all covered in plain English. • The inclusion of 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.• A number of additional new datasets including HS2 depots and stations, crossrail safeguarding limits, oil and gas exploration blocks and drilling locations, Yorkshire and Humber CCS pipeline, • An additional next steps/recommendations section at the beginning of the report.

More on wind and solar farmsThere are a number of reasons why the inclusion of planning application data for wind and solar farms is particularly important for you and your clients.1. The property purchaser may not be aware of a wind or solar farm planned in the vicinity.2. A Local Authority search will only give planning information on the property itself.3. Wind farms in close proximity can reduce property value by up to 12%4. Both wind and solar farms may affect the use and enjoyment for the purchaser5. For the lender it may mean that it affects the security on their 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

RISKS COVERED IN THE ENERGY AND INFRASTRUCTURE SEARCH

The categories of risk covered are:• Oil and Gas• Wind Energy• Solar Energy

• Renewable Power Plants (this is a new additional risk)

• High Speed 2 (urban and rural areas)• Cross Rail

• Yorkshire and Humber CCS Pipeline

Ctime

www.derbylaw.net 23


LPC Courses at the University of DerbyThe Derby Legal Practice Course (LPC) prepares you to take that next step towards a successful legal career. It is delivered in partnership with the University of West of England, widely regarded as one of the leading providers of professional legal education in the UK.

• Make the transition from graduate to lawyer, equipped with all the vocational skills, experience and confidence you need to excel• Increase your chances of gaining a training contract, thanks to our specialist careers advice and professional mentoring • Learn from a high calibre, enthusiastic teaching team made up of experienced solicitors• Be inspired by our influential network of contacts within the legal profession• Improve your practical skills in our exceptional facilities, including court rooms and interview suites• With fees of £7900 for the full time course it is one of the most affordable of its kind in the country – and if you’re a Derby graduate you will qualify for a 10% discount

Our course is highly practical in nature. You’ll gain a thorough understanding of common legal transactions and procedures. You’ll also take part in client interview sessions, negotiation exercises, legal research projects, drafting advices and presenting a case to a court or tribunal. In addition, the LPC allows you a certain amount of specialisation through a range of optional subjects.

We offer some of the country’s most advanced and comprehensive facilities for the study of law. Described as “exceptional” by Skills for Justice, they replicate environments you will encounter in real-life legal situations.

The latest addition is a full reconstruction of a crown court featuring contemporary technology. We were also the first law school in the country to have a family courtroom, which is ideal for specialist training. Our interview suites include one-way mirrors so that assessors can observe you during tasks. As an LPC student, you’ll also benefit from a dedicated workroom equipped with computers, printers and legal resources.

WHAT yOU WILL COVER

The Derby LPC is both knowledge and skills based. In accordance with the requirements of the Solicitors Regulation Authority (SRA), the course is divided into two stages:

STAGE ONEYou’ll study and be assessed in:• The core subjects: business law and practice; litigation (civil and criminal); and property law and practice• Professional conduct and regulation: covering the conduct of solicitors in their professional practice and the regulation of financial services and solicitors’ accounts• The skills of writing, drafting, practical legal research, interviewing, advising and advocacy• Wills and administration of estates

In addition, you’ll study certain aspects of taxation as part of these core subjects.

STAGE TWOAt this stage, you’ll study and be assessed in three ‘elective’ subjects of your choice from the following: • Advanced Criminal Litigation• Clinical Negligence and Personal Injury• Commercial Law• Commercial Litigation• Commercial Property• Employment Law• Family Law and Practice• Private Client (Estate Planning)

TEACHING AND LEARNING

The main objective of the LPC is to prepare you for a training contract. Study is practice based, allowing you to gain an understanding of many common legal transactions and procedures. Workshops are taught in small groups, with a 30-minute review session to allow in-depth feedback.

You’ll have every opportunity to practice legal skills, such as interviewing and negotiation, through role play. When not in classes you will work individually and with other members of your group on preparatory tasks and exercises to consolidate your learning.

Additional support is available through our e-learning delivery system, ‘Blackboard’. This will help you assess your progress regularly through self-test questions and exercises with instant feedback.


Look before you leap (or how to avoid “blind purchase syndrome”)

Many of us now have a bi-yearly purchase cycle when it comes to personal technology – my zenith came just before Christmas as my mobile phone contract came up for renewal. I decided it was time to upgrade my beloved iPhone 4S – the battery was lasting no more than half a day and the large crack in the back was depositing a layer of glass dust in my pocket on a daily basis. The phone had seen better days, but I had no reason to change the software on it – it took photos, managed my email and diary and even delivered the odd Whatsapp message from my wife or my little girl making a mess (usually with hummus).

Despite my love of the easy to use operating system, I saw the draining battery as a major problem and began looking for an alternative that would mean I could work out of the office all day without needing to switch on the laptop. I needed options.

Fool me once….I immediately discounted anything running Android as, through a previous and very short lived flirtation, I had found the operating system buggy and as I use the phone for work I had concerns about the level of app security – friends had downloaded viruses by mistake and I didn’t want such a business critical tool to succumb to malware.

That left me with just two runners, Windows Phone and iPhone 6 (the fourth contender, Blackberry, just didn’t appeal).

I looked at the features released with iPhone 6, saw nothing that looked like it progressed the device very far, and discounted it – the cost seemed too high for what I saw as an incremental upgrade. This was mistake #1.

Then I saw the latest Windows Phone advert and liked what I saw – fantastic camera, OneDrive cloud storage integrated into the core, access to the defacto in productivity tools, Office, and a very competitive price…. It looked great and without a second thought or further consideration I bought one the very next day. This was mistake #2.

The honeymoon periodAt first I loved it. The quality of the photos it took were fantastic, so good that I have one blown up to A1 in my lounge, and the battery was so strong that even after a full day it would still turn on the next morning. The OneDrive integration meant I could work away from the office without taking my laptop, and everything just worked together well. For two months, all seemed rosy.

And then it happened. I can’t remember what I was doing, but I started to get annoyed with things. The available apps were limited in number and scope and those that I did use paled into comparison against iOS. The “Basics” became a frustration too - the music app was really hard to use compared to iTunes, and the cloud storage capability became a messy rigmarole. I was getting more and morefrustrated by the day – the operating system was grinding me down and actually becoming a counter-productive tool. I fell out of love, and I needed a divorce.

So, what did I do? I undid my mistakes, quickly. I managed to convince my network supplier to give me an iPhone 6, for a small fee, and I returned the Windows Phone. Yes, my wallet is a little more damaged but now I have the phone I should have bought…. The operating system is iOS 8, newer than I was used to, but it provides me with some great new features and I am still rewarded with that familiarity that I am used to. I’m happy and firmly back with Apple, but most importantly I’ve learnt that when it comes to tech I should always look before I leap. I’m not saying I wouldn’t try a different brand again, but I will consider my options carefully.

What, you may ask, has this to do with Legal Technology? Well looking for a cheaper deal may see you switching to a provider with an inferior service.

Sluggish performance, having to find workarounds and a loss of familiarity all have an impact on an individuals’ performance in their daily duties. New software takes a long time to bed in, and there is usually significant resistance to such change – even as far as an almost militant desire to switch back to the old provider. Always consider all the options, benefits and pitfalls before making a decision to switch. Am I changing for the right reasons? Do I understand the impact the change will have on me? And am I ready for it? Change for the right reasons is good but sometimes sticking with who you know can be equally beneficial.

John FlanaganProduct Manager, Advanced Legal

I wanted to share this cautionary tale as a warning to others - it involves technology, some hummus and an impatient consumer. Oh, and a mobile phone.

www.derbylaw.net 27


TheThe current climate is particularly challenging for University Law

Allied to this and increasing the challenge (or increasing the opportunities),


A sense of self…Both the Commons and the House of Lords have recently voted for the UK to be the first to accept the creation of a baby using DNA originating from three different people. This IVF (in vitro fertilization) technique is known as mitochondrial replacement therapy and concerns the prevention of certain genetic diseases, which could potentially assist up to 2,500 women of reproductive age in the UK. The popular press, perhaps unfortunately, coined the phrase “three parent babies”, which immediately upped the ante in the debate and brought forth intense discussion involving church and pro-life groups. In particular this has concerned the ethics of this procedure, set against long held fears of designer babies and eugenics. Safety concerns have also surfaced and there have been warnings that any children of this technique could be born sterile or be at risk of cancer and premature aging. There has also been international condemnation where authors have commented that, because these children would have heritable genetic changes, that there are significant risks to the health of future generations.

Mitochondria are present to generate energy for the cell. They come from the mother and have their own genetic material, which sits alongside the germ line DNA of the “conventional” mother and father. The thought that this DNA might constitute parentage (i.e. the third parent) brings forth some interesting legal points. Parenthood has both a genetic and social meaning, although the former is regarded as the fundamental tie between parent and child. This contribution must be both direct and immediate. To clarify, grandparents provide a quarter of a child’s DNA but are not accorded the status of “half“ genetic parents. The recent proliferation of assisted reproductive technologies has of course complicated matters and given that the donor of the mitochondria is making a direct and immediate contribution of generic material, then in my view, we have a new biological parent. In preparation of this article, I have found it difficult to make the counter argument. Pertinent to this of course, is now the fact that the new (third) parent is a second female parent. Avoiding this issue by trying to claim mitochondrial donation is merely a tissue donation is not adequate. Others may say that the contribution of the third parent to the child’s DNA is low, less than 0.1%, but in the world of genetics, where we are examining disease-causing changes which occur at a frequency of one in three thousand million (the size to the human genome), this is significant. We simply do not know

enough to say that the mitochondrial DNA will have no material effect on the characteristics of the child.

In the UK, the mother is the person who carried the child and gave birth, the father is the man who provided the sperm. So what could be the status of the donor of the mitochondria? Is it that they have the same status as a donor of an egg or sperm for IVF or perhaps the status of those who donate blood, organs or bone marrow? Egg or sperm donation is in effect normal reproduction from a genetic point of view but the donation of mitochondrial DNA does not fall into that category; it may create a set of unique parental rights. Equally, mitochondrial donation cannot be considered simply as a tissue donation; there is an impact on future generations as the DNA will be passed on.

Since the courts quite rightly take the view that a child should “know” its biological parents, the second female parent may well wish to take an interest in the child (via appropriate application of her Parental Responsibility rights) or they may wish to give up Parental Rights. Their view may change over time; how the donor feels at the time of donation could be very different to how she feels once the child is born. Current provisions under the Human Fertilisation and Embryology Act 2008 do not cover this situation adequately. For example, a Parental Order as it relates to surrogacy (to gain or relinquish parental rights) can only be granted after a child has been born (and then for a fixed period only), not at the point of conception. Perhaps the mitochondrial donor will be able to gain Parental Responsibility via a court order or a formal ‘parental responsibility agreement’ with the child’s birth mother (let us presume that she is the egg donor as well…it gets even more complicated if she is not!).

If the premise of the second female parent is accepted, which I believe it should be, then we are in new legal territory as it relates to assisted reproduction and it is likely that several legislative amendments will be required to provide for mitochondrial donation.

Dr Neil Sullivan is General Manager of Complement Genomics Ltd, which provides the dadcheckgold service for parentage testing. He is a PhD level molecular biologist with a LLM in commercial law and has a particular interest in consent.

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

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