D&DLS Bulletin Issue 55

D&DLS BulletinDerby & District Law Society

www.derbylaw.net May 2015

Also in this issue: Incoming President’s Address • Arthur Titterton’s Valedictory Report

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

Out with the old...(in the nicest possible way!)

...and in with the new!

www.derbylaw.net 3

Contents

D&DLS BulletinDerby & District Law Society May 2015

EditorialThe AGM held on April 27th, saw Di Copestake of Freeths take over the Presidency from Sue Jennings. Andy Cash of Cartwright King moves up to Vice-President, and Simon Stevens of Eddowes Waldron joins the ‘conveyor-belt’ to the Presidency as Deputy V-P. The new team are pictured on the cover, and identified on p7.

The AGM also saw the departure of Arthur Titterton, both from the role of Hon. Secretary after 10 years and also from the Committee after 34 years, following his retirement from practice, to be succeeded as Hon. Secretary by Fiona Apthorpe of Geldards. His wry observations and humour at Committee meetings will be missed. He was presented with a caricature at the AGM, in token of his long service to the Society and thereby to the local profession, and he takes with him the best wishes of us all for a long and happy retirement; he will however remain in touch as he has been accorded Honorary Membership of the Society.

The addresses of both the outgoing and incoming Presidents, plus Arthur’s valedictory, are re-printed on pp 5-7, for the benefit of the 247 members of the Society who did not attend the meeting.

Change – and growth - seem to be in the air locally, as will be seen from both the ‘Membership news’ items regarding Nelson’s acquisition of Moody & Woolley plus Banner Jones’ expansion in Chesterfield (p10) and the double-page recruitment ad from Flints on pp8-9. Whilst future prospects may seem hazy for some – particularly

those engaged in criminal legal aid – it is clear that others are adjusting to and preparing for whatever the future holds in their own way (and as I write this before May 7th, the outcome of the general election is but another potential hazard on the road). The ‘green shoots’ of recovery may well be visible in places – and certainly I am told that conveyancing is on the up – and whilst confidence may be slowly returning I cannot help but feel that further structural change and consolidation is yet to come.

To help local firms to address one area of uncertainty – which PII insurer to go with – we have arranged a seminar on June 3rd at which brokers Griffiths & Armour will provide an update on the current PII market and tips on how to obtain the best quote for your PII renewal (see p15); to book your place on the CPD-accredited event please use the booking form elsewhere in this issue. Also the Management Column on p14 offers member firms some useful advice on the implications of social media for ‘document and data mapping’, management and storage – concepts which may not have occurred to many, but which may become crucial should litigation and/or regulatory proceedings arise, as the judiciary are fast becoming aware.

If there are any other ways in which you feel the Society can be of help in assisting firms or individual members, please let us know, as with the best will in the world we cannot be aware of ALL the issues that face the membership, particularly if those facing them don’t make us aware.

Another way in which the Society is trying to support the profession is by offering the chance to influence the thinking of those at the top of The Law Society. In February we offered Senior/Managing Partners the chance to meet with Law Society President Andrew Caplen, and by the time you read this we will also have given them the chance to meet with new Chancery Lane Chief Executive Catherine Dixon, in order to give her their views on the future shape, structure and strategic priorities for The Law Society as the profession’s representative body. Whilst we are in no way perfect, we do hope that you will recognise that we are beavering away where we can – but we do need your input and/or feedback if we are to tailor our activities to best effect.

In the context of supporting the profession, the AGM once again agreed to hold subscriptions at their current levels, making membership excellent value for money (how many of your firm’s other costs have gone up by just 5% since 2010?). By now you or your firm will have received subscription renewal letters and schedules and we do hope that you will see the benefit of continuing your membership – and encouraging other non-member fee-earners to sign up – as without the support of the local profession it becomes difficult to provide support to the profession, and that is after all what the Society exists to provide.

Peter BallAdministrator

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3 - Contents

3 - Editorial

4 - List of Officers

5 - President’s Page

6 - Incoming President’s Address

7 - Valedictory Report

8 - Flint Bishop Recruitment

10 - Membership News

12 - CPD Programme

13 - Booking Form

14 - The Management Column

15 - Annual Dinner 2015

16 - Sub Committee News

18 - Recruitment

19 - Environmental Due Diligence

20 - The CON29DW

23 - Spare Change

23 - MMU

27 - Derby Law School launch

30 - 10 Years the Wiser?

4 www.derbylaw.net

Officers

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

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

Deputy Vice-President* Simon StevensEddowes Waldron01332 [email protected]

Honorary Secretary* Fiona ApthorpeGeldards LLP, DerbyTel: 01332 [email protected]

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

Immediate Past President* Sue JenningsTel: (M) 07946 609436 [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

Tina AttenboroughAttenborough Law, 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]

Paul HackneyGeldards LLP, DerbyTel: 01332 331631 [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]

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]

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)

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

Compliance Officers’ Group (COG)Vacant

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

Education & TrainingSue Jennings, & all Sub-Committee Secretaries

Employment and Business LawSue Jennings Tony Russell

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)

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

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

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).

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

Sole Practitioners’ Group (SPG)Tina Attenborough

(Last updated 28th April 2015)

Officers and Committee Members for 2015

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Outgoing President’s address

In my inaugural address last year, I shared my hope to continue to build on the work of my predecessors, my wish to promote the First 100 Years Project celebrating Women in the Law and my plans to expand relations and links with the junior end of the legal profession to ensure that this Society continues to be representative of and relevant to all sectors of the local profession, and has succession.

Reflecting on the year that was, it has been a busy, immensely enjoyable and personally rewarding year, in which I hope I have made strides towards meeting my initial objectives. I have been particularly encouraged by the diverse attendance of members of the Society at the different events I have arranged and the networking opportunities this has created.

The year was kick-started with a timely question and answer session with Shailesh Vara from the MoJ at the University of Derby which was well attended by local criminal lawyers. Wimbledon season was marked by a very popular ‘Strawberries and Champagne’ evening on the roof terrace at the Pitch and Piano held in conjunction with Derby Junior lawyers. In November the Committee moved it’s meeting to the pub and we invited members to join us afterwards for a drink and chat. The take up was small in number, but beneficial in providing an opportunity to meet with members and I hope this is something we do again.

As a forerunner to my plans to attempt to resurrect a sub-committee for Employment Law, John Calladine presented a CPD course on Advocacy in the Employment Tribunal in December which, whilst not attracting large numbers (as is the norm nowadays with training courses), was attended by a modest number and was extremely well received.

The New Year was heralded in with a hugely successful luncheon ‘Celebrating Women in the Law’ at the Cathedral Quarter Hotel. The guest speaker, Linda Lee gave an inspiring speech to an audience of approximately 50 women from the local legal profession, judiciary and University, not forgetting the token ‘cheque book bearing’ men, Peter Ball and Kevin Bampton.

In February, the Legal Skills Triathlon entered its 9th year of being what I think we all agree is one of the most successful events the Society holds and it is showing no signs of abating in its popularity. The willingness of the competition judges to give up their time for the day (I have a queue of people offering their services every year) and of the judiciary to give up their time for the excellent Judges’ Q & A session afterwards is testament to its universal popularity.

Andrew Caplen, the President of the Law Society of England & Wales accepted my invitation to visit Derby and in March, he met initially with the Derby Junior Lawyers and law students at the University of Derby and then hosted a Luncheon with Senior and Managing Partners, also at the Cathedral Quarter Hotel. This event was supported very well by the members and I’m pleased to report that the new Chief Executive of the Law Society, Catherine Dixon, wishes to arrange a similar but more focused visit to assist her in devising a new strategy for The Law Society to make it fit for the 21st century.

Interspersed with various High Sheriff events, the Legal Ceremony at Derby Cathedral, attending various other law society and the accountant’s dinner and hosting this Society’s Annual Dinner, it has been action packed.

I have to thank all those members who have read my bulletin, written to me, passed on the invitations to others in their firm, attended events and shared their views with me. Thank you to the Committee, who have been hugely supportive and encouraging, particularly Di and Andy, my successors and Paul Hackney and Stephen Woolley my predecessors, and also Mary Honeyben and Fiona Apthorpe for their support in the run up to the Dinner. Above all, I must thank Peter Ball for his tireless assistance in helping me organise all of the events this year and for making everything just appear to happen.

My final thanks must go to the University of Derby, in particular, Kevin Bampton and John Coyne for their unstinting support during my year, both personally and in terms of sponsorship. I know that the newly-branded Derby Law School wishes to help the Society to continue to prosper in any way that it can.

And so to my successor, Di Copestake… welcome to the Monstrous Regiment of Women who have previously held this office. You will, no doubt, bring your steely wit and humour to this role which together with the high regard in which you are held in the legal community makes for an exciting year ahead.

Sue JenningsPresident 2014-2015

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]

6 www.derbylaw.net6 www.derbylaw.net

Incoming President’s addressWell – where do I start? Certainly by saying many thanks to Sue for all of her work over the last year but not so many thanks to her for giving me a lot to live up to! I think her year has been excellent and I would certainly mention the lunch to celebrate 100 years of women in the law at which Linda Lee gave an inspiring speech. It was very interesting to learn of her-self confessed humble beginnings

and how well she had done through enormous determination and strength of character and I can certainly remember that when I started on the legal trail, there were very few lady lawyers around – actually, when I look around now, there are probably still few “lady” lawyers!

When Fiona Apthorpe said to me a couple of years ago “What would you say if a man came up to you and whispered in your ear ......” – at this point, I did have a moment’s panic. Fiona is a family lawyer as we all know with a particular sense of humour and I was very worried as to what she might say next. Anyway, all was good. She went on to say “what would you say to being asked to be President of D&DLS?”!! Now that I was NOT expecting! My first thought was OMG (I am up there with the kids you know) – definitely not (I could only think of the Dinner and the speech, having quite forgotten this address). I then thought well they really have run out of people haven’t they and then, good grief – I must be really old!! After a bit more badgering by Fiona I actually then thought well actually, this is quite an honour and I said yes – after all, as Fiona said, there would still be three years to the Dinner where I would be “It”! I went home and told my family. Eldest son’s remarks – “Well, you will have to get some new clothes – you are the only lawyer I know who would look quite at home on the Jeremy Kyle show”. He is now banished to Australia! Youngest son joins in – “Dad, you must have a spare fiver. Take her down to Oxfam and kit her out”! I have obviously gone wrong somewhere in my parenting techniques. He is banished to the barn!

I have been trying to think of something erudite to say in this address – and have failed! I can only really comment on how this whole business has changed since I started at Taylor Simpson & Mosley in 1972 I believe under the guidance of John Webb, Michael Mallender and their partners. Life was a lot easier then than now – if you didn’t like a job, you could fairly easily get another and it was John who encouraged me to think about the law as a career and for that I am eternally grateful. I did not go along the conventional route into law – starting out as Paul Clough’s secretary at Taylor Simpson & Mosley (he had a lot to put up with) so, as I say, listening to Linda Lee who has done phenomenally well, was very interesting. I could not follow the route now that I did then and I am therefore very grateful that I am old and at this end of my career rather than starting out because, at the end of the day, when people ask me what I would have done had I not done law, I really cannot think of anything that I would have enjoyed in the same way as I have enjoyed law. It is always interesting – especially family law – and no two days are the same. It is stressful but I think that keeps you on your toes and overall it is a profession that I think we should all be proud of being a part of. I think lawyers are all too often beaten with whatever stick is available at the time and it can be pretty depressing (although are we deemed as obnoxious as estate agents appear to be?). There are rogues in every circle of life and those of us who do a good honest days’ work should remember that whatever the field of law we are in, people come to us because they need us to sort out whatever their particular issue

is. That we can do this to their satisfaction should give us enormous satisfaction too. There is a huge emphasis on costs these days as of course there has to be, as we are businesses, but I believe it is just as important to remember client care in the true sense of the word i.e. being personable, having time for the client, returning phone calls and emails and remembering that the client is a person and not just a matter.

We as a profession have had to overcome huge hurdles over the last few years as regards the loss of legal aid in family law to all intents and purposes (save for a few very limited instances) and, of course, the ongoing debate in respect of legal aid in criminal proceedings. This Society remains committed to supporting local firms in those debates concerning legal aid and I can recall vividly the arguments put forward for the reduction of supply of legal aid in family cases – that this would result in the increase in litigants in person which would result in more court time being wasted being only one of the arguments which has proved to be the case. The Society was instrumental in getting firms to join together to put forward those views and I know that Andy Cash, our new V-P, and his colleagues have joined together to fight the legal aid cuts in criminal law. I believe every firm should be active within the Society and most certainly that all their eligible fee earners should be members because it is in the interests of all the local firms to be involved in what affects them.

Well, that is me for now, and I can only close by saying thank you very much for bestowing this honour on me – and I do think it is an honour – and I just hope I can justify the same.

Diana CopestakePresident, 2015-16

Professional communications for professionals

www.epc.gb.com

www.derbylaw.net 7

At the end of one’s career there is only one way to look and that is back. Although by 1973 I had qualified as a FILEX, without the enormous encouragement to qualify as a solicitor that I received from the late David Oldroyd none of what followed could have occurred. David also mentored his two young (then) sons Richard and Andrew Oldroyd – look where they are now.

In 1978 I joined a youngish David Hardy who supported my ambitions and I qualified in 1980. In March 1981 we became partners - a partnership that continued for the next 30 years. We had nothing in writing, only each other’s word. His loyalty and integrity are qualities that regrettably are seldom seen in today’s business world. I thank him for being my partner and my friend. David was already on the local Law Society committee. He encouraged me to join and so I did in the summer of 1981 and so my 34 year stint began. Only Moses can recall when he joined and David is still there! He became solicitor in 1967. He is still working and is available inter alia for accident and civil work, after dinner speaking (even at weddings), in fact anything that will earn him money and keep him from under wife Julie’s feet during the day.

The committee in 1981 (seemed to me at least) to sport many legal heavyweights Don Potter (Powells), Herbert Brewer (Robinsons), Peter Johnson (Sales), Michael Pinder, George Drew (Taylors) to name but a few and more youthful chaps such as Graham Dean, John Waldron and John Calladine (yes, he was young once upon a time). There were of course many more but I suspect my dementia is now kicking in?

Our remit was and indeed still is to represent the local profession – to seek out their views

and represent them to The Law Society. It was done with care and commitment. The whole committee being divided up into specialist sub committees e.g. business law, family education and training. The Law Society is no longer our ‘control’ but all our efforts still filter through to them and they attempt to continue to represent us all now to the SRA. The SRA’s task seems to be no more than to make us all compliant clones.

For my part for many years myself and the late Roger Wilson on the Education and Training sub-committee would attend local schools and give talks and presentations in an effort to encourage more young people to become a solicitor. Considering the large numbers of solicitors now on the Roll I wonder if Roger and I were too successful?

I joined Derby Law Society (now of course Derby & District Law Society) which absorbed the then Chesterfield Law Society to put something back into a profession that I have loved being a part of – idealistic maybe but true.

Committees rarely change things but surprisingly they do play a role in easing things forward. Whether over the last 34 years I have helped only history will tell. However, now that John Calladine has retired from the judiciary it would fill his now idle moments to write a history of the Derby Law Society with full analysis of events successes and failures.

Before 1997 the position of Hon. Secretary was filled from the committee. Then we appointed a professionally paid administrator, Peter Ball, and who after 19 years is still performing those duties. He does just about everything from Minutes to the Annual Dinner, correspondence to courses. It is perhaps only when one becomes

President that one is really aware of the range and extent of Peter’s role. I experienced that in 2001/02 when I was President. Thus the real role of the Hon. Sec. has to a large extent been curtailed. It has been my personal view for some time that without Peter these many years the Society might well no longer exist. Many thanks Peter. Other than arranging the bi-annual Past Presidents’ dinner and the kudos of being Secretary the role is largely titular.

Each AGM I file an end of year report for all the members usually explaining what I haven’t done rather than what I have! Usually only those handful of stalwarts (the Committee and a few regulars) bother to attend and actually see my report. This year it goes ‘public’ and so the game is up Fiona!

I wish Fiona Apthorpe, my successor, well. A young lady it has been my privilege to know since her fledgling days – a full time mother, District Judge – and pretty decent family lawyer and mediator – all round good egg. I know that she will enjoy the modest kudos of being Hon. Sec. coupled with running the very busy Family Law sub-Committee.

For myself I have really enjoyed the support, camaraderie and friendship of many professional colleagues over the years. I have decided after 48 years in the profession to retire and have a complete break from it all - hence my resignation from the Committee. I wish you all well and conclude with my final report as current Hon. Secretary of the Derby & District Law Society -

‘’NOTHING TO REPORT.’’

Arthur Titterton

Retiring Hon. Secretary Arthur Titterton’s valedictory report

l-r) Hon. Treasurer Sue Woodall, Deputy Vice-President Simon Stevens, President Di Copestake, Vice-President Andy Cash, Immediate Past President Sue Jennings, Hon. Secretary Fiona Apthorpe


Membership News

Banner Jones has expanded its team in Chesterfield with the addition of 3 new team members.

Chris Sellars, Director of Human Resources said “These appointments follow a period of sustained growth in Chesterfield and this additional resource reflects our commitment to developing our service offering within the town.”

Banner Jones’ conveyancing team is

strengthened with the addition of Kate Skelton and Lucy Baines. Kate joins Banner Jones from Raleys in Barnsley with 5 years experience in property transactions. Lucy who has been with Banner Jones for just under two years has been promoted and will work as a paralegal in the property team.

Lee Foster joins their Dispute Resolution team with 12 years’ litigation experience. Lee comes from Bridge Sanderson Munro in Doncaster where he worked within their

Commercial Litigation Department. Prior to that Lee was Head of Core Practice at Spencers Solicitors in Chesterfield where he was responsible for 4 teams of personal injury Litigators.

Chris says “We’ve also expanded our Sheffield office with the arrival of a 3 new team members there: Kelly Walters, Amy Fowlston and Lisa Molinari. In addition Toby Netting has been promoted to Head of the Family Law department and now works in Chesterfield.

From the left: Lee Foster, Kate Skelton, Lisa Molinari, Amy Fowlston and Kelly Walters.

Banner Jones Expands Chesterfield Team

At the start of April Nelsons announced the acquisition of Moody and Woolley.

Nelsons, with offices in Derby, Leicester and Nottingham, revealed they had been talking to Moody and Woolley for several months, with Nelsons chief executive Tim Hastings described the move as a “perfect fit”.

Moody and Woolley is 32-strong, and was established in Derby in 1846. M&W Senior Partner Julie Marson will stay at Nelsons for an additional six months whilst equity partner Ian Griffiths, will retire from the business; both will remain as consultants during the transition.

Tim Hastings said: “We are delighted to unite with Moody and Woolley, a move which is part of our continued strategy to grow our business by acquisition.

Nelsons has plans to further increase its strength throughout the East Midlands through mergers and acquisitions.

The Moody and Woolley team will initially remain in its St Mary’s Gate offices under the Nelsons name. Clients with current matters have been notified and any archived wills and deeds will be transferred to Nelsons for safe-keeping, with these people will receive notification in the coming weeks.

Nelsons acquires Moody & Woolley

L to R: Ian Griffiths, Tim Hastings, Julie Marson

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

Management PII Market review 2 June 3rd Update Derby University [email protected]

Wills & Probate

Contentious Probate & Wills Disputes - Developing your

Knowledge

5 June 16th Foundation 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: ……………………………………………………………………………………………………………………………………………………………………............................................

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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.

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PII Market review

Wed. June 3rd, 2015

Derby University

5 for 5.30 - 7.30 pm 2 £30.00 £45.00

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The Management Column


Today’s working environment is increasingly dominated by the use of mobile and social media, raising important implications for corporate data management. Mobile media is firmly integrated into our everyday activities, enabling convergence between our working lives and personal social media. The rise of enterprise social networking sites such as Jive, SharePoint and Yammer has contributed to the growth of corporate data volumes by forty percent (40%) annually as organisations move an increasing number of tasks and content over to these collaborative platforms.

When a company finds itself subject to litigation or a regulatory investigation, it will need to search the entirety of its data sources for potentially relevant documents and data, including data held in enterprise social networking sites. In these circumstances, forward planning and process driven eDisclosure expertise are essential in order to ensure effective response.

Know your obligationsThe broad definition of “document” in the Civil Procedure Rules continues to expand as modern means of communication evolve and new tools gain popularity. In litigation and regulatory investigations, the importance of this information is undeniable. Indeed, the judiciary recognise that:“E-mails, texts, Twitter postings and the like are often the most revealing and reliable contemporaneous evidence of what someone said or thought at a particular time.... Memories are notoriously false and self-serving for any fact-finding judge.”The rise of social networking in the workplace is said to be the third largest concern to a range of IT and eDisclosure professionals, suggesting that companies are yet to comprehensively understand and meet this challenge. Companies must take proactive action to ensure that they can properly store and extract data from these evolving data sources.

Data mappingIt is important to understand what kind of data is likely to be produced and stored by new social and mobile media. Companies should continuously investigate the extent of possible new sources of electronically stored information (ESI) in light of new communication practices. This will involve the development and maintenance of a data map to record all existing data types, technical infrastructure and storage solutions. Professional networking sites, workplace communications platforms such as Yammer and Chatter, Twitter and other technologies, produce huge amounts of corporate information, and companies will need to manage the retention times and deletion of content held on these social networks. If a company’s data map is not regularly updated, it is likely that it may not include many newly introduced media types and relevant information may be missed.

Companies face serious consequences if they do not maintain an accurate data map governing all admissible data, be it email attachments or communication records from workplace social media such as Yammer and Chatter.

The current attitude can be summed up by the comments of one UK judge who wrote that “one expects [the party, a large corporation,] to have an efficient and effective information management system in place to provide identification, preservation, collection, processing, review analysis and production of its electronically-stored information…failure to disclose such critical information to assist the court is surprising and to be deplored.” In this case, the company in question was penalised.

The implications of not including new technologies in a thorough and regularly updated data map can be far-reaching. In a recent case in the US, a company whose failure to produce emails and email attachments was deemed “negligent” by a judge was also found to be acting “contrary to its legal obligation”. It was concluded that the company had “spoiled evidence”, and the jury awarded damages of $1.5 billion. This award was later overturned, but on grounds unrelated to eDiscovery failures, and only after considerable negative publicity and analysis of the case.

ConclusionSocial media use is exploding, and communication practices are changing rapidly. In turn, the data landscape is continually shifting, meaning that mapping this landscape cannot be a one-off exercise. The growing popularity of enterprise social networks and the resulting increase in data serves to highlight the importance of a continual data management strategy.

The consequences of neglecting this monitoring process can be costly both financially and in terms of reputation, and leading businesses are recognising the benefit of partnering with experts to adopt a pro-active, continual approach to information governance.

Martin Bonney, Senior Director, International Consulting Services and Deborah Blaxell. Epiq Systemshttp://www.epiqsystems.co.uk/

Enterprise messaging – mapping the maze

www.derbylaw.net 15

Professional Indemnity Insurance renewal– Are you prepared?

For many law firms it will soon be time to start preparing for their professional indemnity (PI) insurance renewal. Despite the removal of the common renewal date in 2013, a large proportion of firms have opted to maintain a traditional 1 October renewal. For those firms, the usual feeding frenzy and uncertainty will soon begin!

History dictates that the process of renewing a firm’s PI cover can be a difficult and drawn out process. As often as a new insurer or facility enters the market, others quickly exit and this latter development can leave a firm with no alternative but to find a new insurer, sometimes at short notice. Despite the apparently high number of participating Solicitors’ PI insurers and the vast array of brokers and facilities available, in reality some firms may only have a choice of two or three insurers at renewal.

Recent failures of non-rated insurers Lemma and Balva, and changing underwriting attitudes amongst some established insurers coupled with consultations on amending the minimum terms and the spectre of an ever-changing legislative and regulatory environment adds further uncertainty.

Griffiths & Armour have been involved in advising, broking and placement of Solicitors’ PI cover since the dissolution of SIF in 2000, and I have personally specialised in this area for over six years – that experience has taught us that there is no substitute for developing a long-term strategy to your professional risk and PI placement. A firm which has managed their PI exposure and has a clear strategy at renewal are more able to negotiate the choppy waters of a Solicitors’ PI renewal season!

To enable D&DLS member firms to prepare thoroughly and in good time to gain the best cover at the best premium, Griffiths & Armour will be hosting a seminar at Derby University on June 3rd, to include:

• how to develop and adopt a long-term strategy;

• underwriting considerations;

• how best to manage, prepare and present your risk;

• current outside pressures influencing risk;

• the different facilities and insurers currently available

as renewal season approaches.

Jim Brindley Broker,Griffiths & Armour

To book your place for June 3rd and ensure that your firm is fully-informed, well-prepared and thus best-placed to gain the best PI renewal deal please use the booking firm elsewhere in this Bulletin

Annual Dinner 2015

After an excellent 4-course meal Professor John Coyne, Vice-Chancellor of Derby University, proposed the toast to the Society, to which President Sue Jennings responded before in turn proposing the toast to our visitors. It was then the turn of local boy made good Tim Brooke-Taylor to entertain us with a brief life-history (“You were not expelled from school dear, you were asked to leave ….”) and tales of his transition from being a Cambridge law student (in the company of one John Cleese) to comedy writer and TV and radio personality. For those with the energy and inclination there followed music for dancing, whilst others took the opportunity to chat, network or renew old acquaintances.

Our thanks go to our Patrons and Sponsors PFC, Severn Trent Searches, Derby University and the Garrandale Group for their support, and we hope that next year we might see a few more f irms in attendance at what was a very enjoyable evening.

Sponsor Garrandale Group’s MD Malcolm Prentice JP and his table enjoy the meal

Top table guests at the President’s pre-Dinner reception.

A total of 190 members and guests enjoyed a thoroughly entertaining Annual Dinner at the iPro Stadium on Friday April 17th.


Sub-Committee News

Meeting held on 15th April 2015

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.

Court User Meetings

We are waiting for District Judge Williscroft to set up a Family Court user meeting. Pro tem the Committee resolved that we would invite one or two of the local District Judges, perhaps District Judge Malcolm Davies, to attend future committee meetings.

At the same time we will repeat the invitation to Sheila Irvine from CAFCASS. [Postscript: Louise Guntripp has expressed an interest in meeting with us so if anyone has anything they want to raise with the Court please let Fiona know].

Bundles

Fiona has previously had a course of correspondence with District Judge Davies with regards to whether or not the local Judges required a Bundle for the First Appointment in Children Act cases. District Judge Davies had responded that on issue of Children Act proceedings the Court was using an adapted CAP01 Gatekeeping Form in Derby which in most cases was specifically dispensing with the need for a Bundle for the FHDRA. Thus unless the directions received from the Courts specifically directed a Bundle it was not necessarily to have one for an FHDRA. So far as financial remedy proceedings are concerned, the FPR require a Bundle albeit not a schedule of assets. Different Courts however appear to be adopting different procedures and it would be helpful to have some clarification from our local Judges as to what they are expecting to see at a First Appointment. Perhaps something to discuss with the District Judges if they come to our meeting.

In the meantime, there are still problems with the Court. There have been issues with late afternoon urgent appointments. There is a lack of clarity about the current out of hours policy is and Fiona undertook to contact the Court to obtain a copy and circulate it. Nobody seemed to know who the designated Judge was although the rumour seems to be that somebody has been appointed at Birmingham. There was an occasion the other week at Court where there was no legal advisor and cases had to be either adjourned or transferred to other Judges. Another issue for consideration and discussion with the Judges is whether or not there is need for a D81 when financial remedy proceedings are in existence. The view had always been that you do not need a D81 in those circumstances. However members had had situations recently where one had been requested by the Court. Again some clarification over this would be helpful. Everybody seemed to think that the old FPR specifically stated that a D81 wasn’t needed but the matter did not seem to have been specifically dealt with in the new FPR.

Wesleyan

Fiona had been contacted by Wesleyan who provide financial and pensions advice for lawyers. They had previously put on a presentation for the Derby Collaborative Pod Group and were anxious to offer local solicitors a presentation on the financial implications of divorce. There was a positive response to this particularly if we can put it down for CPD and Fiona will contact Wesleyan to ask for some suggested dates.

Local Protocol :HHJ Orrell

Fiona had previously written to his HHJ Orrell seeking clarification as to whether or not the Local Protocol previously submitted in draft to practitioners was intended to cover cases other than care or private law matters. His Honour has now circulated a revised draft which makes it clear which paragraphs apply to private law and which to public law cases.

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.

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.

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.

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].

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.

DATE OF NEXT MEETING

The remaining scheduled meetings for 2015 are as follows:

Thursday 9th July.

Tuesday 6th October.

Thursday 10th December.

Fiona M K ApthorpeSecretary

Fiona Apthorpe

Family Law Sub-Committee


Recruitment

EXPERIENCED CONVEYANCER, RESIDENTIAL CONVEYANCING DEPT, CHESTERFIELD

We are seeking applications from experienced conveyancers to join our team located at our Chesterfield offices.

Applications are invited from candidates at all levels including licensed conveyancers, legal executives or legal clerks with proven experience of working in a busy conveyancing team. You will be expected to handle a wide and varied caseload of residential conveyancing matters including sales and purchases, remortgages, dealing with both freehold and leasehold (including shared ownership properties), new builds, repossessions, deeds

of gifts, assents, equity releases, drafting declaration of trusts and other general property related matters.

It is essential that you have the ability to work in a demanding team environment, manage a caseload effectively, and have good computer skills with the ability to use a case management system. You must be confident, enthusiastic and have a pro-active approach to your work with a keen interest in Residential Conveyancing. You should be capable of working with minimal supervision whilst delivering the highest levels of service.

Successful candidates should also possess strong organisational and management skills to maintain the service standards of the individual caseload being covered. Proven experience of dealing with clients and their estate agents and introducers of business is essential.

Interested applicants should send CVs to:

Mr P Fillmer, Elliot Mather LLP, The Courtyard, 49 Low Pavement, Chesterfield, Derbyshire S40 1PB

or email to [email protected].

We are an equal opportunities employer.

Commercial Property SolicitorCompetitive Salary

Fishers Solicitors is a highly regarded and well established firm based in the market town of

Ashby de la Zouch, Leicestershire.

We require a Commercial Property Solicitor to join our expanding Commercial Property department.

The successful candidate will have a minimum of 2 years PQE and the ability to work without supervision. Experience

in landlord and tenant work, and freehold and leasehold transactions is required.

Knowledge of planning and development law would be advantageous.

The role involves acting for a broad client base including large corporate concerns and property developers.

This is an ideal opportunity for an ambitious commercial property solicitor looking for their next career step.

Apply with your CV to [email protected] applications only please, no agencies.

Probate Solicitor – MansfieldIn line with our plans to develop the firms Wills, Probate and Elder Client department, we have an outstanding opportunity

for an experienced Probate Solicitor or Legal Executive at our Mansfield Office.

This is a key role which will see a motivated individual ready to both take on an existing case load in Estate Administration, Wills, Powers of Attorney and Court of Protection Applications and also to make a major

contribution to the growth of the department.

An attractive salary, commensurate with qualifications and experience will be offered, together with the benefits

of working as part of a friendly, proactive team in an environment offering considerable scope for career

development.

Please apply in writing with a CV to Mr Paul Fillmer, Practice Manager, Elliot Mather LLP, The Courtyard, 49 Low

Pavement, Chesterfield, Derbyshire S40 1PB.

We are an equal opportunities employer.

The Importance of Environmental Due Diligence and the Risk to Your Business

Business owners and investors are increasingly focusing on Environmental Due Diligence (EDD). Environmental concerns are now taken much more seriously and in recent years the environment has become a much more prevalent issue in the public eye. This has led to the development of new, more stringent environmental legislation, and has increased the severity of punishments for breaches in legislation.Legislation aimed at protecting the environment from negative effects of commercial activity is ever increasing and often poorly understood.

There are now nearly 300 pieces of environmental legislation which UK businesses have to adhere to, and as of the 1st July 2014 the Environment Agency has increased the cost of non-compliance

penalties and become more stringent with prosecution and fines. Legislation came into force on 12 March 2015 which removed the previous cap of £5000 making fines unlimited in England and Wales in the Magistrate Courts. The ‘Polluter Pays’ Principle has long been in effect , so it’s not just the cost of the fine that businesses have to foot.

Any business can find itself exposed to environmental liability and it is not just those ‘traditionally’ thought of as high impact: e.g. petrochem, manufacturing. Any commercial property can present a multitude of environmental risks.

EDD audits provide investors with a more informed view of the ‘state of play’ of an organisation or facility by evaluating current environmental risks or legislative non-conformities .

EMS’ EDD audit focuses on environmental legal compliance and the benefits are:• Assess environmental legal compliance• Identify barriers to growth• Determine clean-up liabilities and costs• Adds value at the point of investment

DESCRIPTION Cost

Fine +£15,000

Tankering away the chemical +£32,600

Plugging the leak +£8,300

An initial fish survey +£6,000

Installing new equipment to detect a leak +£60,000

Charge for EA officers responding to the incident £2,271

Further fish surveys £20,000

Restocking the stretch of river £63,500

Prosecution costs £3493

Total £211,164

www.derbylaw.net 19

CONCERNED?

To find out more about how Environmental Due Diligence could benefit your business please contact Rebecca Chapman on 0114 2722270 or email [email protected]

20 www.derbylaw.net

For moreFor further information, please contact Paul Smith Client Account Executive in the Derbyshire area,

on 07764 987259 or email [email protected]

Developed in consultation with the Law Society and containing authoritative data from the relevant water company, the CON29DW Drainage and Water Enquiry provides conveyancers with all the information they need to provide peace of mind for home buyers, lenders and the reputation of their own practice.

Crucial informationThe CON29DW offers underwritten and guaranteed property-level information, alerting home buyers to possible risks. Details of the report include:

• accurate locations of drainage and water assets• adoption agreements relating to these• property drainage and water connections • likelihood of internal sewer flooding• an indication of issues that could affect future property development

Issues limiting future development (and value!)A water main or public sewer within the property’s boundary, or in close proximity, could mean that further building work is limited. For sewers a build over agreement would be required, and water mains would need to be moved (at considerable cost).

Unlimited LiabilityAs the CON29DW comes with unlimited liability, there is no need for buyers to take out additional insurance.

The Why rely on anything else?

CASE STuDY: In one example, the CON29DW failed to disclose that the property was not actually connected to a public sewer, but instead drained to an old septic tank, that was beyond repair. Under the Terms and Conditions of the report, the water company covered the cost of connecting the property to the public sewer. Had the owners not used the CON29DW, they would have had to pay these costs themselves.

CASE STuDY: When a recent CON29DW stated there were no water mains within a property’s boundary, this was later found to be incorrect. The discovery of a water main in the garden meant the property could not be extended as planned. The Terms and Conditions of the report meant the owner was completely protected, however, and the water company covered all costs of diverting the main.

GEODESYS PROVIDE THE CON29DW FOR ALL PROPERTIES IN ENGLAND AND WALES AS WELL AS BEING A RESELLER OF A WIDE RANGE OF SEARCH REPORTS.

Ctime

www.derbylaw.net 21

www.derbylaw.net 23

Spare ChangeAs firms strive to maximise efficiency and return on investment to the nth degree in an increasingly competitive marketplace, perhaps the role of the IT manager should continue to evolve. Now, more now than ever before, IT deployment and operational integration is seen as a critical element of a successful business.

I recall reading literature focussed on the role of the IT manager whilst studying for a business studies qualification, the author and content was considered current at the time but 20 years on it’s interesting how the role has continued to evolve. At the time, the author discussed the ‘old fashioned’ view of IT, hardware and software management, a business ‘cost centre’. The panacea in the early ‘90’s was muted to be the ‘hybrid’ manager, an individual skilled up in the IT discipline but with first-hand experience of true operational management outside the IT arena. The IT manager of the previous decade was criticised for a strategy of ‘IT for the sake of IT’ rather than an aligned business IT strategy designed to drive success, growth and profitability.

Revisiting this discussion against the backdrop of a long period working for an IT service provider and alongside IT Managers, I think it’s fair to say the challenges described above have generally been overcome by the majority of current IT professionals but I would suggest the modern era has brought new opportunity for growth in the remit of IT management, and some associated challenges. As IT continues to develop and the choice of devices and platform delivery increases, firms are chasing new solutions, even greater levels of efficiency and competitive advantage. The new breed of end users want choice, flexibility and performance.

This new thirst to implement an increasingly diverse infrastructure needs to be managed and whilst the involvement and close alignment of the IT function in the formulation of any business strategy is increasingly taken for granted, the new challenge created by the evolving organisation is ensuring the users keep pace with operational process, adapt to new working methods and embrace todays IT solutions. To implement a technology project successfully, it is imperative key stakeholders facilitate strong Change Management.

Change Management doesn’t often receive the dedicated resource afforded to other disciplines such as Project Management, it is often ignored or left without a responsible stakeholder which is why I think it’s an important attribute for today’s IT professional to develop. Change Management can prevent embedded and out-dated processes remaining in an organisation and ensure projects reach financial and operational objectives. Without successful Change Management I often witness new technology based solutions being bent into an existing business in inefficient ways, in extreme cases users end up operating outside of the new technology solution and can even revert to previous systems or develop isolated manual solutions. I would suggest that only when change is managed successfully is project ROI fully achieved.

My ‘take away’ is that if your organisation is embarking on a technology project, spare a thought for Change Management, it is increasingly becoming the skills gap our IT professionals need to close and is an essential ingredient of successful IT project delivery.

Steve Pipes – Head of Customer Support, Advanced Legal

Leadership Management Law at MMu

One of the Key recommendations of the Legal Education and Training Review (LETR) was to strengthen requirements for education and training in, among other things, the development of management skills. Catherine Shephard, Programme Director of the Postgraduate Certificate in Legal Practice Management at Manchester Metropolitan University, considers why this is a good idea.

Successful lawyers are rewarded with promotion to the partnership, where they have a role in managing the firm. For a sector which prides itself on extensive formal education and training in law, however, there

appears to be a curious mismatch in its approach to management training, with only one compulsory day (Management Course Stage One).

Of course, while we operated in a monopoly, we played on a level field where clever, successful lawyers became clever, successful law firm managers with no formal training for the role. To boot, we were delivering on our one-third profit model which was the envy of many a non-law business. It was perhaps a reasonable conclusion to draw that we had nothing of value to learn from management theory and practice.

Fast forward to the present and recent and seismic changes in the sector have rocked that world and introduced a new vulnerability among partners. New ABS entrants to the market are managed in a very different way to law firms. Their managers are likely to have studied management theory from the same time we began our law degrees; they have a body of academic and practical experience and know-how on which to build. They are making it their business to get underneath the skin of the legal sector to discover what makes it tick. We do not appear to have mirrored their approach in terms of learning about management theory and practice.

The ‘high profile failures’ referred to in the LETR have forced us to consider just how well our legal brains equip us for the world of management. Every partner knows their firm should have a well-thought out strategic business plan, but real life can intervene to prevent this from being written. We can loathe discussing problems with ‘outsiders’ for fear of retribution or competition. As the Lawyer reported, one of the reoccurring themes arising from its interviews of managing partners was that the role was ‘a lonely one’.

While we may have good management instincts, most of us have no idea what knowledge and understanding is passed on during an MBA. Our tendency towards perfectionism, attention to detail and attitude to risk and failure can also make the process of management feel particularly uncomfortable, unwieldy and unsustainable. Lawyers are not, as a matter of course, taught the Pareto principle (‘80/20 rule’) that ‘good enough’ can be better than ‘perfect’, but it would be utterly liberating for us. We can use management theory in managing our legal practices to support our instincts, underpin our recommendations and give credibility and confidence to our arguments. Surely it is a language all lawyers with management ambition would enjoy learning.

Meet our Programme Director

Discover our Postgraduate Certificate in Legal Practice Managementoffering MBA level executive management training as part of an accredited programme.

4-5.30pm Wednesday 3rd June 2015

MMU Business School, 7th Floor Postgraduate Suite, Room 703

RSVP: leadership-management-law.eventbrite.co.uk

law.mmu.ac.uk/pgcert

Prepare yourself for the new legal market MBA level qualification for managers of lawyers

Leadership Management Law

university launches £1.5m Law School

This year marks the 20th anniversary since the first cohort of law students graduated from the University of Derby. The Law School, was first established in 1991 and has some of the country’s most advanced facilities, including courtrooms, crime labs, interviewing suites and a crime house.

Senior Personal Injury Solicitor at Thompsons Solicitors, Ranjit Sond, was among the first cohort of graduates, he said: “Back when I studied at the University of Derby the course was very well structured with a particular emphasis on practical skills, which very few universities were doing at the time. I can only imagine how they have developed in the past twenty years. There were students on my legal practice course from other universities who had no idea where to begin with advocacy or interview techniques.

“It was great to see students, academics and graduates come together at the launch to celebrate the achievements and journey that the Law School has been on.”

In addition to working at Thompsons Solicitors, Ranjit is also a mentor to some of the University’s law students and is a committee member of the Society of Asian Lawyers.

The launch was held over two days from Friday, May 8 2015, beginning with a networking exhibition showcasing the work and achievements of the Law School over the last 20 years. Which was followed by the launch of Derby Law School and an inspiring lecture from Kevin Bampton, Head of Law, Criminology and Social Sciences at Derby - Raising the Bar in Legal Education.

Kevin added: “Derby has been a quiet pioneer of legal education over the last two

decades. Its impact and reach continues to grow from being one of the largest providers of free legal advice in the region to being a significant player in international justice education. The new name of ‘Derby Law School’ signals the next stage in its development. Over the next few months the Law School will be unveiling plans that aim to redefine the quality and expectations for those undertaking legal study.”

For further information about studying Law at the University of Derby, go to: www.derby.ac.uk/law-20

A two-day event was held marking the launch of the University of Derby’s prestigious Derby Law School.

www.derbylaw.net 27

Ranjit Sond

David Newcombe

Sir John Mummery

Sir John Mummer, Scott Atkins, LLB Programme Leader and Andrew Soar



10 years the wiser? 2015 marks Nestor’s 10th anniversary. Andrew Sands reflects on the changes to damages awards in personal injury and clinical negligence cases over the past decade and explains why advice from the right Independent Financial Adviser (IFA) can prevent the hard work of litigation from being undone.

Nearly a decade has passed since personal injury and clinical negligence lawyers were asked to get to grips with a new periodical payments regime in relation to damages awards. The problems associated with lump sum payments were identified over 30 years ago by Lord Scarman, in the case of Lim Poh Choo v Camden & Islington Area Health Authority (1980) when he stated: “The award is final: it is not susceptible to review as the future unfolds, substituting fact for estimate. There is only one certainly: the future will prove the award to be either too high or too low.” These early judicial observations undoubtedly sowed the seed for the Courts Act 2003; and on 1st April 2005 periodical payments for future pecuniary loss came into force. And with it, a number of issues that neither the pre-legislative consultations nor the Department of Constitutional Affairs (DCA) guidance could have identified.

For one thing, the periodical payment regime coincided with the withdrawal from the market of two insurance companies which provided annuities. Therefore the cost of RPI linked annuities was usually far in excess of the lump sum equivalent, making it unattractive to defendants insurers, who were not happy with funding such open ended and long term liabilities from their own resources.

Case lawThere is no doubt that case law has shaped the periodical payment regime to a very significant extent. Initial slow take-up of settlements inclusive of periodical payments was in part due to the slow pace at which the procedural judiciary warmed to its new powers, reluctance of insurers to self-fund; plus the indexation issue, which made periodical payments unattractive - simply because RPI linkage was inappropriate.

The Thompstone Litigation in 2008 is widely regarded as the most important in relation to periodical payments, and has resulted in settlements inclusive of periodical payments becoming the norm in catastrophic cases. That case rectified the problem with RPI linkage, as ASHE 6115 was applied in its place, ensuring that periodical payments were annually uprated in line with earnings based inflation.

Periodical payments have found judicial support for heads of future loss other than care and case management (which is the usual model), but such cases are often not reported. Since Thompstone, loss of earnings, rent payments and the costs of deputyship have been met by way of a periodical payment order.

Demise of the lump sum?Years into the regime periodical payments have remained firmly in the territory of the highest value cases, but it is widely accepted amongst practitioners that it is still necessary to calculate the lump sum in order to evaluate offers inclusive of periodical payments made during negotiations with reasonable accuracy. The multiplier and multiplicand can still be used as a yardstick in settlement negotiations.

The consideration of periodical payments in lower value cases, should be encouraged, as the relevant legislation applies to all heads of future loss – no lower limit is identified.

The role of the Independent Financial AdvisorEffective litigators don’t just steer clients towards IFA’s once the case has settled. Many now instruct IFA’s to prepare reports that aid the settlement negotiation process. Reports which

advise on settlement options can be an invaluable tool not just for lawyers, but also for clients as it can aid in the understanding of often complex and technical financial issues. From a practical perspective, proper advice can assist with getting the claimant off on the front foot. The correct balance between capital and income is essential in ensuring the claimant’s needs are met. The obtaining of pre-settlement advice is recoverable as a cost of the litigation, and is specifically envisaged in the practice direction to the relevant CPR.

There are a very small number of law firms authorised to provide independent financial advice, and for good reason. The regulations are onerous and the cost of running an in-house operation can be burdensome. It’s therefore incumbent on the advising lawyer to guide clients towards specialist IFA’s to ensure that the hard work of the litigation is not undone by inappropriate or misguided financial advice.

Proper expert financial planning and access to the right range of investment products can make a world of difference to claimants. For pre and/or post settlement advice, contact Andrew Sands at [email protected] or telephone 0161 763 4800.

New

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

Broadening membe

Documents

D&DLS Bulletin Issue 55