Issue 22 Winter 2016/17
David Lloyd George James Sommervile investigates his legend and legacy on pp. 8-10
ALSO: • Worcester Law Society Awards 2017 • Farming - Diversification and the Legal implications
Bulletin Sponsored by This edition...
Issue 22 Winter 2016/17
4 Committee Members and Member Firms 16 Land Registry Privatisation 5 President’s Introduction 17 Employment Law Update 5 Public Right of Way and the law 18 EWI Conference report 6 Law Society Awards 2017 22 Potential Counsel & Witness Conflicts 7 Membership News 24 ‘He has his Father’s nose...’ 8 David Lloyd George 25 Book Review 12 A Farmer’s Q&A 26 New light on charitable legacies 15 Cyber Crime - what is our exposure? 28 Flood Risk
Published by: Advertising Design Legal Notice EAST PARK COMMUNICATIONS Ltd. Simon Castell David Coffey © East Park Communications Ltd. Maritime House, East None of the editorial or photographs Balls Road, Managing Editor Park may be reproduced without prior written Birkenhead, Wirral Kevin Joynes Studio permission from the publishers. East CH43 5RE Park Communications Ltd would like Marketing Published to point out that all editorial comment Tel: 0151 651 2776 Denise Challener Winter and articles are the responsibility of the 2016/17 originators and may or may not reflect the [email protected] Accounts opinions of East Park Communications www.epc.gb.com Tony Kay © East Park Communications Ltd. Ltd. Correct at time of going to press.
www.worcestershirelawsociety.org.uk 3 Visit our website: www.worcestershirelawsociety.com Committee Members or follow us on Twitter: @worcslawsociety President’s Introduction
appy New Year to an afternoon tea in the spectacular our guest speaker. Anyone willing to Priya Tromans Tom Evans Secretary Oliver Hunt all our members Member’s dining room. We are presently donate a prize for our auction should President Harrison Clark Rickerbys Harrison Clark Rickerbys H Harrison Clark Rickerbys Telephone: 01432 349707 [email protected] and their families. courting sponsorship for transport but contact our administrator Sue Harper tel: 01905 746469 [email protected] tickets are limited so if you have an through our website. [email protected] I hope you all had interest in this event, please do let me a restful break and know at the earliest available opportunity. Lastly, may I take this opportunity to are looking forward remind you of our chosen charity this to the year ahead. Annual Law Society Awards; 7 April year; The Young Carer’s Association of Kevin Joynes Nick Hughes Alex Philips Speaking of which, we have a number 2017 : Nominations are now open for Worcestershire who provide support for Immediate Past President Painters Solicitors MFG Solicitors LLP Bovis Homes Limited [email protected] [email protected] of upcoming events that I would like to this year’s awards. I am really looking young people looking after a disabled Telephone: +44 (0)1242 662437 draw your attention to. forward to reading this year’s entries, person at home. Some of these children [email protected] which seem to get more and more are as young as 7 year’s old and meeting House of Commons Champagne impressive each time. them is rather humbling. We are raising Afternoon Tea; 1 March 2017: I have money for this well deserving charity at collaborated with the Presidents of both If you value a colleague and you think all of our events, however if you would James Sommerville Harjinder Bains Birmingham and Warwickshire Law they deserve recognition for their input like to support them yourself or would Treasurer Thomas Horton Sue Harper Thomas Horton LLP [email protected] Administrator Societies to bring you this prestigious into your firm or team, please do take a like further information about their work, Tel: 01527 839418 [email protected] event to be held in the Member’s dining few minutes to nominate them this year. please do not hesitate to contact me. [email protected] room at the House of Commons. We The annual dinner in April looks like it hope to combine an address from will be even better than last year, with Priya Tromans local MP’s with a tour of the House and Hursty as MC and Lord Digby Jones as President
Patricia Beeching Family Law Consultant, Hallmark Hulme Solicitors. Law Society Council Member for News News News News News News the Welsh Marches. [email protected] Could it become cheaper to protect land from unwanted claims for public rights of way? The Commons (Registration of Town Open Spaces Society). As a result of the notice. Now that the need for a site visit or Village Greens) and Dedicated additional administration involved in has been removed, it would be nice to Worcestershire Junior Lawyer Division JLD Highways (Landowner Statements and processing a Section 31(6) Notice, the think that authorities will reduce their fee Declarations) (England) (Amendment) 2013 Regulations gave authorities the to reflect this. It will be interesting to see Regulations 2016 (SI 2016/1081) (“the ability to charge a reasonable fee. if this happens after the 2016 Regulations Harjinder Bains Lara Wilkinson Hailey Nip 2016 Regulations”) were made on 9th come into force on 1st December 2016. Chair Secretary Social Secretary November 2016 and come into force The 2016 Regulations have removed Secondly, some landowners may have [email protected] [email protected] [email protected] on 1st December 2016. The 2016 the requirement on an authority to post been reluctant to deposit a Section 31(6) Regulations amend the earlier 2013 a notice of a Section 31(6) Notice on the Notice for fear of it actually instigating Regulations (SI 2013/1774) and apply to land to which the application relates. It an unwanted claim as a result of a site England only. has been deemed that there is no need notice alerting users of the situation. for this obligation to apply to Section Whilst authorities will still need to give A Landowner Statement and 31(6) Notices because there is no time notice on its website and email interested James Osborne Laura Williams Rachael Wheeler Declaration can be deposited to an limit for bringing a claim for a public right parties, landowners may feel that not Vice Chair National Representative Committee Member appropriate authority by a landowner of way under Section 31 of the HA 1980. having a notice on the land in question [email protected] [email protected] [email protected] to rebut a presumed dedication of a This is in contrast to the legislation on considerably reduces their concerns of a highway. This procedure is contained in town or village greens, which was also claim being instigated. Section 31(6) of the Highways Act 1980 updated by the 2013 Regulations, which and is therefore also known as a ‘Section provides that once an equivalent Section The 2016 Regulations may provide 31(6) Notice’. 31(6) Notice (under Section 15A of the landowners with a good opportunity Commons Act 2006) has been deposited, to consider whether they have a need Honor Giles Ellie Day Hannah Ayers Landowners have been able to deposit there is a time limit to bring a claim. This to deposit a Section 31(6) Notice and Treasurer Social Secretary for Academic Committee Member [email protected] [email protected] [email protected] a Section 31(6) Notice for a long time but time limit is one year in England and two protect their land from claims for the 2013 Regulations introduced some years in Wales. unwanted public rights of way. changes to the procedure as a result of amendments to the town or village There are two possible consequences Landowners who have queries regarding green legislation. The 2013 Regulations for landowners as a result of the 2016 the above should email introduced a new obligation on local Regulations. First, authorities may reduce authorities to post a notice of the Section the fees they charge for depositing a [email protected] 31(6) Notice in an obvious place on the Section 31(6) Notice. The fees vary land to which the application relates. considerably from authority to authority or telephone It must also give notice on its website and are justified on the basis of the 01905 610410. and by email to interested parties (such administration of the documentation as the Ramblers Association and the and the need for a site visit to put up a Hannah Taylor, mfg Solicitors 4 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 5 News News News News News News
The WJLD had their annual Christmas Party for Adults, seminars and the annual quiz. 2016 also drinks event at Bottles in Worcester on saw the WJLD establishing a mentor scheme at the Heart of Worcestershire College. Looking forward to 2017, the 13 December 2016. WJLD will have a new Chair in the New Year. Harjinder Bains will be passing on the torch to James Osborne. James The drinks event was well attended and it was good to see Osborne is a family solicitor at Harrison Clark Rickerbys and familiar faces and some new faces at the event. A big thank has been on the WJLD committee for the last two years. you to our sponsors BCL Legal for keeping our glasses The committee will be sending details of upcoming WJLD topped up and providing nibbles! events in the New Year.
2016 has been a busy year for the WJLD. The WJLD have If you would like to be kept up to date with WJLD events, been working closely with the WLS on events this year but please email the WJLD Secretary Honor Giles at hgiles@ have also hosted their own events including the Children’s hcrlaw.com so that you can be placed on the mailing list.
Lawyers at Harrison Clark Rickerbys swapped their suits for Christmas jumpers to help the firm to raise about £500 for Birmingham Children’s Hospital.
The firm, along with its sister companies Medical Accident there. We wanted to raise money to help them continue the Group and Eagle HR, decided to focus its fundraising on brilliant work they do across the Midlands.” the hospital rather than send donations to the national Save the Children appeal, because they wanted to help ensure The firm has also supported the charity Let’s Feed Brum that the hospital’s outstanding work for local children can with free legal advice – the charity aims to provide food, continue. The hospital is using the funds to create the UK’s drink, essential supplies and support to the city’s homeless first rare diseases centre for children. population, diverting food from local businesses, which would otherwise be wasted, to homeless people in need. Emma Glazzard, who heads the group of staff in charge of the initiative, said: “The hospital looked after one of my Birmingham’s food bank has also benefited from staff brother’s best friends brilliantly when he was suffering from generosity – three large boxes of food were delivered to the cancer, and we thought the funds would have more impact foodbank run by the Trussell Trust last week. 6 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 7 funeral according to the deceased’s wishes, David Lloyd George (1863 - 1945) namely as a non-conformist service.
Such clear insubordination towards the by James Sommerville Solicitor and Prime Minister Anglican Church was largely unprecedented prompting his mother Betsy to return to He obtained lodgings in this North Wales in 1888. her home village of Llanystumdwy, near town at ten shillings a week. Criccieth in North Wales. Reverend Jones sued the family for After passing further law exams in due trespass. The case quickly attracted wide There she and her young family lived at course he qualified as a solicitor. publicity. It was heard at the Porthmadoc “Highgate”, the home of her unmarried County Court in May 1888 with Lloyd George brother Richard Lloyd. True to his upbringing and his character appearing for the Defence. and resolve Lloyd George was not one to Highgate is now a museum. hold back when he found it necessary to He was aged 25 at the time. assert his client’s rights. Richard Lloyd was the village cobbler and The jury of local people found in favour of was known in the family as Uncle Lloyd. This was even so if it meant challenging the Lloyd George and his clients. establishment - in this case the local bench The family were strict nonconformists. of magistrates. Lloyd George was quite the However the Judge deliberately and Uncle Lloyd led the way, being ordained a opposite of the deferential solicitors who inaccurately recorded the verdict in favour of “Disciples of Christ” minister. He was one of usually appeared in front of them. the Church. the greatest influences on Lloyd George’s early life and indeed his middle age, acting He excelled at championing the rights of Lloyd George was not one to be The offices from where Lloyd George practiced as a Solicitor, courtesy of WRP George. as teacher, mentor and inspiration for Lloyd the disadvantaged in society, the people he defeated by such a ruse. He advised the George until his death in 1917. had essentially grown up with. His innate In 1864 the Parish Church of Llanfrothen Fire and Brimstone come to mind. family to appeal to the High Court in Image courtesy of WRP George eloquence debating skill and tenacity built a received a gift from Mr and Mrs Owen of a London where the case was heard in Uncle Lloyd carried on his shoemaking growing reputation for him in the locality small strip of land adjoining the churchyard. The result was that nonconformists in the December 1888. he 7th December 2016 marked the business in the workshop next door to It was walled in, consecrated, and used for parish of Llanfrothen now had a choice. Tcentenary of the accession to the Highgate. Much of the family Sunday was Due deference was not for Lloyd George – burials. They could either be buried on the Owen The Lord Chief Justice overruled the highest office in British politics of David taken up with attendance at the local church rather the opposite. land according to Anglican rights or on a previous Judgment, gave the Judge at Lloyd George. He is the only solicitor to Capel Ucha. But the burials had to be according to scrap of land reserved for ne’er-do-wells, Porthmadoc County Court a good telling off have attained this office. In addition he is In the course of time (and to be expected Anglican rights. In North Wales with its convicted criminals and the like. and awarded costs to Lloyd George’s clients. the only Welshman to have done so. However the Highgate family home was for someone of his temperament) Lloyd strong tradition of nonconformism this not all about religion. George left Breese Jones & Casson to set rule was understandably resented by large In 1888 the simmering quarrel between the There were triumphant scenes throughout Therefore I thought it would be fitting to up his own practice in Criccieth aided by sections of the population. Anglican Church in the parish and the vast North Wales and indeed the Principality. remind ourselves (or even to learn for the first Uncle Lloyd had a photograph of President his younger brother William. Uncle Lloyd majority of its parishioners exploded. time) of Lloyd George’s early life and career Lincoln in the sitting room. He also had a helped out as office clerk. Following the passing of the 1880 Burial Act There was unanimous praise for Lloyd as a solicitor before he rose to the top of the very impressive library. There was a wide nonconformists were allowed to conduct Robert Rhodes, an old quarryman, died. George who had successfully challenged “greasy pole”. variety of books with which Lloyd George The Llanfrothen Burial Case funerals in Parish Churchyards according to He specified in his Will that he wanted to be what was perceived as the oppressors of could avail himself, and he did. Uncle Lloyd their rights and customs. buried next to his daughter on the Owen nonconformism and had secured justice for And to also mention an occasion in also taught his nephew French. It is hard now in the second decade of land and according to nonconformist rights his clients. Birmingham in 1901 which almost ended his the 21st century, a world dominated by However the Church of England was not and customs. life Early in his life, even at school, Lloyd increasing secularism consumerism and willing to give up their monopoly on burials His tenacity and his advocacy had won George demonstrated an independent if not social media, to comprehend the power of lightly. The family arranged for a nonconformist through. To those of you who would like to know rebellious streak. religion. service, but the Reverend Jones was one more about Lloyd George there are two One of the staunchest advocates of the step ahead. Ten days after the triumph in the High books I am happy to recommend: A career in the Law In particular the power and influence of the Church of England line was the incumbent of Court in London Lord George was selected established Anglican Church that pertained Llanfrothen the Reverend Richard Jones. He He locked the Churchyard gates and as the prospective liberal candidate for the • The masterly four volume biography of In due course Uncle Lloyd and Lloyd in the late 19th century. hated the 1880 Burial Act. arranged for the grave (which had already Caernarfon Boroughs. Lloyd George by the late John Grigg. George’s mother Betsy decided that Lloyd been dug) to be filled in. George should study for a career in the But it was a fact and living reality to the He found a way (so he thought) of This was in anticipation of the general • Ffion Hague’s well received work “The Pain law. By dent of hard work and with the people living in North Wales at the time. circumventing the legislation. He persuaded The family was distraught and approached election which was expected to take place and the Privilege – the women who loved encouragement of his family he passed the Mr and Mrs Owen that the original transfer Lloyd George. in 1892. Lloyd George”. initial solicitors’ exams in December 1877, just The established Anglican Church supported of land in 1864 was invalid and that the land before his 15th birthday. and was supported by a rigid class system. should be reconveyed to the Church with He concluded that since the Owen land In fact the death of the sitting Conservative Background and upbringing the proviso that only Anglican burials would had been used for burials since 1864 it member for the Caernarfon boroughs in With the aid of his own determination and The landed aristocracy still held sway and be allowed on the land in question. was subject to the 1880 Burial Act. In March 1890 prompted a by-election which Lloyd George was born in Manchester assistance from family friends plus payment did what they could to preserve their power consequence the Reverend Jones had been Lloyd George narrowly won. in 1863 in modest circumstances but not of a premium of £100 (approximately and influence. This was done not only One can only imagine the apocalyptic acting illegally. abject poverty. £8,250.00 today) Lloyd George was accepted nationally but at a local level. One of the language which the Reverend Jones may His political career was set and he into articles with the firm of Breese Jones & modes by which this was manifested was have employed in persuading Mr and Mrs On Lloyd George’s clear advice the family continued to represent that constituency for His father died when he was very young Casson in Porthmadoc. through the vehicle of religion. Owen to come round to his point of view. prized open the gates and conducted the 55 years until shortly before his death in 1945. 8 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 9 George (described as the “virulent anti Briton”) would be attending the meeting A gathering on Snowdon in 1892 at which Wil- liam Gladstone is addressing the crowd. Lloyd and speaking at it. George is on the platform, provided courtesy of Gwynedd Archives & Museums Service. The Birmingham Tory press added fuel to the fire with some provocative remarks. The Lord Mayor did not help either, when he announced publicly that the Birmingham Liberal Association had Birmingham Town Hall circa 1896 confirmed in advance that they would accept liability for any damage done to The Birmingham Riot the Town Hall.
However any story of Lloyd George would In spite of the clear and unambiguous not be complete in my view without mention warnings of the dangers of attending this of his remarkable escape from a patriotic mob meeting (including those from the Chief in Birmingham in December 1901. Constable of Birmingham) Lloyd George refused to back down. It was not his style. Lord George was one of the very few MPs at that time to openly oppose the On the 18th December 1901 the day Boer War. of the meeting itself a mob estimated at 30,000 people converged on the centre Amongst his arguments was the line that of Birmingham and the Town Hall itself. Opposition from the Tory dominated money spent fighting the Boers would be Sufficient numbers entered the Town Hall House of Lords was only overcome when better utilised seeking to alleviate poverty to make it clear that there was going to the new King George V threatened to at home. be trouble. create enough Liberal Peers to overturn the Tory majority in the upper Chamber. It was a courageous and very unpopular When Lloyd George appeared on the stance to take at the time. The feeling platform the atmosphere, already menacing, As Prime Minister he oversaw the across the country was strongly jingoistic reached fever pitch. He had barely begun eventual success of the Allies in World War and anti-Boer. Even in Criccieth effigies to speak when there was a rush towards the 1 and the settlement of the vexed question of Uncle Lloyd and William George platform from the auditorium. of Home Rule for Ireland. He was such were burnt. Lloyd George himself a skilful and slippery negotiator that one was physically attacked in his own For once Lloyd George realised that member of the Irish delegation attending constituency when he made a speech he was not going to win this battle. He 10 Downing Street for the Anglo-Irish talks against the war in Bangor. escaped dressed as a policeman. Two in the autumn of 1921 described him in people died that day including one correspondence as “the Master Trickster of But throughout his life (private as well policeman. the Universe”. as public) Lloyd George never shirked confrontation and fought fire with fire. The policeman’s helmet he wore on He survived several scandals in his public that occasion is one of the exhibits at and his private life, the latter invariably In December 1901 the Birmingham the excellent Lloyd George Museum at involving the female sex. He was popularly Liberal Association called a meeting to Llanystumdwy. known as the “Welsh Wizard”. discuss the Boer War. It was due to be a manifestation of Liberal party solidarity. In later years, when the dust had settled, Commentators are generally agreed that Admission was by ticket only. the courageous exposition of his clear Lloyd George was always looking beyond opinions about the Boer War and his his legal practice in North Wales to the But Birmingham was Joe Chamberlain’s escape from Birmingham Town Hall itself national stage. heartland. would only add to his growing national profile and acquire legendary status. However it is not too trite to say that his Joe Chamberlain was the popular early years as a solicitor in Porthmadoc and imperialist Colonial Secretary in the Tory His oratorical skills allied with his natural Criccieth provided an excellent training government of Lord Salisbury. charisma cunning and charm raised him ground for developing those skills which he to the highest office in British politics. He employed to such telling effect throughout Notwithstanding the efforts of the was Prime Minister from December 1916 to his long political career. organisers to explain that the meeting October 1922. would not be an anti-war gathering, the ©James Sommerville knowledge that Lloyd George would be Before that, as Chancellor of the 2017 attending was a red rag to a bull. Exchequer he introduced the “People’s Budget” in 1909 (which included the old Treasurer, In this case the bull was a mob of local age pension) and which was finally passed Worcestershire Law people inflamed by the idea that Lloyd in May 1910. Society 10 www.worcestershirelawsociety.org.uk Diversification - A Farmer’s Q&A
. With a squeeze on my traditional farming income, a new diversification venture. It is vital that experts are brought QI am considering diversification into new areas. I in to advise as soon as possible in order for your project to be as am, however, put off by a number or horror stories but successful as possible. intrigued by the potential rewards. What are the pitfalls I should be aware of? For further advice on farm diversification, readers can contact Alexandra through [email protected] or by Alexandra Phillips, an associate at mfg Solicitors, answers: telephoning 0845 55 55 11.
If planned and executed well, the benefits of farm diversification can far outweigh the risks.
Not only will a successfully implemented project give you a • diverse source of income, it can also offer fresh opportunities to the next generation in your family who can use their skills to open up the business to the wider market. We also shouldn’t forget that even if your diversification venture moves away from traditional farming activities, the income could help you support and invest further in those traditional income channels.
However, before proceeding with your diversification plans, there are five key areas to consider:
• Planning rules – If your project is likely to include the use of existing agricultural buildings or land and/or the erection of new buildings for non-agricultural activities then it is likely an application for planning permission will need to be made, although permitted development rights may come into play.
• Title issues – Another area many landowners miss are possible restrictions on the title of the property that may restrict or prevent the implementation of the venture you have in mind. If not reviewed correctly at any early stage these can significantly hamper a project. It is a step many people miss.
• Rights of Way/Access – Is access to the property gained from a right of way over neighboring private land and if so, will this extend to use for non-agricultural purposes? If the right of way was granted for the use of the property for agricultural activities only then you could end up with no means of access and a “landlocked” project. It is important to ensure that the property benefits from all the rights required to make the project workable.
• Tax – If your diversification scheme involves a non-agricultural project there could be substantial implications on your ability to claim agricultural tax reliefs. You should consider how the property in question should be owned and what business structure should be used to operate the venture in order to maximise your agricultural tax relief arrangements. This should be considered at the earliest possible stage before any changes are made.
• Finance – Finally, how will the project by financed? In particular will lending by required from an institutional lender? If so, it is likely that they will have a number of requirements to be complied with in order secure the capital necessary to fund the project.
There are many important factors to address if you are considering
12 www.worcestershirelawsociety.org.uk Cyber Crime – What is our exposure?
or many Law firms across the of exactly what is covered and, crucially, what • Would you know what to do to preserve F UK, the first quarter of 2017 needs to happen to “trigger” that coverage. the scene ahead of any police criminal will be a time for budgeting and There are various policies within the market- investigation? reviewing the opportunities and place, not all necessarily provide the protection threats presented to the firm. One the policyholder believes they do. • Do you know how the GDPR will affect your such threat which continues to be business in 2018? reviewed by many firms is the risk Certain Cyber insurance policies are of a “Cyber-attack”. structured to offer a suite of breach response At the other end of the size scale is the services that are so crucial when the firm falls ongoing “phishing” and “whaling” fraud The threat of a Cyber incident is current prey to a Cyber incident. The policies will pay through the use of Social Engineering and it is real. Should you become a victim of for the IT forensic investigation costs needed which continues to burden finance teams an attack it will have a financial impact to your to determine what information has been in all organisations. Professional Service business, so why not hope for the best, prepare compromised and look to remedy the problem. firms have suffered heavily from this type for the worst! Furthermore, there is also the support of a PR of attack vector. This was highlighted by company. They serve the purpose of helping a recent survey undertaken by the UK Whilst we can’t always predict the future, we the firm manage any adverse media that may accountancy firm, Hazlewoods. The survey can plan and make preventive steps. Dependent occur – this is becoming far more pertinent concluded that “phishing attacks” against on your attitude to risk, the inevitable cost to in the ever-increasing social media world in professional service firms were up 40% in your business would be either pre-emptive or which we live. the past 12 months. reactive:- Access to specialist legal advice should also Cover for Cyber theft of money Pre-emptive; be available. This will help in the process of from “phishing” and “whaling”, such as deciding whether or not you should notify highlighted above, is still available from Cyber Crime Insurance Premium? affected clients, the regulator and the police. some Cyber insurers however it is generally Extending Privilege to the proceedings is vital, sub-limited and remains under review. IT Protection Cost? as well as preserving evidence for any future criminal investigation. With all of these questions, you should Fraud Prevention Training? be seriously considering purchasing a Look at the period of Insurance and whether Cyber insurance policy. At the very least, Reactive: it covers prior incidents. Malware and other you should complete a Cyber insurance Viruses can sit in your systems for weeks, Proposal Form, as it would provide a good Cost of IT Specialists?? months or even years. Have your systems gap analysis to your business. already been breached? How would you know? Cost of Ransoms through Ransomware?? Look for retroactive cover. This would give you the comfort that the unknown is covered. Cost of Reputational Damage?? In our opinion relying on your Professional Cost of Business Interruption?? Indemnity to respond appropriately to a modern Cyber-attack may not be the best Each of the above have a varying financial approach as the policy was not designed impact, however it is only the pre-emptive to respond in this way. A specialist Cyber measures that you can financially control. insurance policy should be considered and Lee Catling potentially structured to sit as First Response Vice President, Professions/Risk Solutions The fact remains, most Law Firms are or Primary Layer cover to not only first party A division of Lockton Companies LLP dependant on their IT providers to ensure they claims but also third party, if possible. have adequate security, but do they guarantee Lee provides day to day guidance on all support if your systems are breached? Is it Have you asked yourself these questions?:- issues affecting Law firms from PI insurance complimentary, or would they charge? We have to other related topics. LC has over 25 seen scenarios where a firm has to spend tens • Are you ready for a breach – do you know years’ experience in the industry having of thousands on recovery. The effort and, most how you’ll respond? come from the Solicitors Indemnity Fund. crucially, the time involved to retrieve, repair Lee joined Lockton, formerly Alexander and cleanse your system could be severe. • Do you have a Business Continuity Plan and Forbes in 2003 in the Professions Division a Cyber Plan – have you tested it? and is a Vice President with the Solicitors Should you take the decision to transfer team. Specialist Experience - Professional some of the risk via a Cyber insurance policy, • Have you considered what to do in the event Indemnity, Cyber Liability, D&O, Keyman, it is vitally important that you are fully aware of a ransom demand? Contingency Insurances. www.worcestershirelawsociety.org.uk 15 Careful Law Society calls for employers to consideration prove compliance with employment law key committee of MPs were today urged to look The Law Society also highlighted the very low rate of A at the possibility of putting the onus on bosses to prosecutions for breaches of employment standards, and over land registry prove their compliance when it comes to employment the now prohibitive cost of employment tribunal fees for standards. workers seeking to have their rights upheld. privatisation a The proposal is contained in the Law Society’s response to “The current system, where employees must take legal the Business, Energy and Industrial Strategy (BEIS) Committee’s action against their employer when they are denied their inquiry into the future of work and the rights of workers. rights at work, such as minimum wage rates, is clearly not working,” said Robert Bourns. welcome move “It is abundantly clear that employment laws designed for the middle of the 20th century are failing to serve many of us in the “With so few enforcement actions ever taken, bad 21st century,” said Law Society president Robert Bourns. employers are only encouraged to break the law as they Delaying plans to privatise the Land Registry gives the assume they will get away with it. This leaves employees government the opportunity to consider carefully concerns “While there is no easy solution, shifting the onus from suffering abuse, and good employers suffering from unfair employees having to argue for their employment rights to competition from those who flaunt the rules. raised by the legal sector, says the Law Society. employers having to prove their compliance with the law could be an important starting point to this process.” “Placing the relatively small responsibility on employers to show that they comply with employment laws would rivatising the Land Registry would create a ‘We look forward to a final decision that has properly If taken up, the proposal could operate in the same way as be an important step forward to ensuring our employment range of serious risks to this vital piece of addressed all these concerns, and places the public ‘P workplace health and safety laws, where an employer must be laws work for everyone. We look forward to continuing national infrastructure, which supports and ensures interests in this important institution first.’ able to prove their compliance with minimum standards when to work with the BEIS Committee and the government as the integrity of property ownership in this country. requested. they consider these vital and challenging issues.” All implications must be fully considered before any decision on whether to sell is made.’ said Law Society president Robert Bourns.
‘We applaud today’s news that the government has not included steps to privatise the Registry in the Neighbourhood Planning and Infrastructure Bill. It indicates they are taking these concerns seriously. Allowing ministers and officials more time to scrutinise before making final decisions is wise.’ Dr Rajai Ahmad • CLINICAL • CONSULTANCY • THERAPY MD, FRCP The Law Society has previously led the legal profession • ASSESSMENT • FORENSIC Consultant and Medicolegal expert in Cardiology in raising concerns about the way a privatised Land Registry would operate, including: Midlands Psychological Services, Ltd. is a private psychology practice r Ahmad is a senior interventional Dcardiologist working in Sandwell and West the vital role that public trust and confidence in the based in Birmingham in the West Midlands. We have been providing Birmingham Hospitals (SWBH) NHS Trust • since 1994. He has served as Clinical Director registry plays in the smooth operation of the property Psychology services to the U. K. for over twenty years and have built a strong reputation for providing the highest standards of service. of Birmingham, Sandwell and Solihull Cardiac market Network and then Clinical Director of Cardiology All of our Psychologists are educated to the PhD level and are at SWBH. His clinical and research interests are • privatisation could hinder efforts to combat the Chartered with the British Psychological Society. in the fields of coronary artery and structural heart disease including percutaneous coronary laundering of illicit funds through the property market in intervention (angioplasty and stenting), mitral England and Wales We supply a wide range of Psychology services including: balloon Valvuloplasty and the management of • Therapy for general Mental Health issues from depression to patients with hypertension, atrial fibrillation and • the risk of fee increases to generate profits for private acute coronary syndromes. He was a member Sex Offender Treatment to Personality Disorders by experienced owners, at the expense of property buyers of the 2014 National Institute for health and Clinical Psychologists care excellence (NICE) Lipid modification guideline development group and the Quality • Standards Advisory Committee (QSAC). the loss of the potentially huge future value of the • Personal Growth issues including Stress Management, information held by the registry Anger Management and Assertiveness Training Dr Ahmad had extensive experience in all aspects of medicolegal work over more than • • Forensic reports for use in the court system including Child Risk 20 years including medical negligence and can normally see patients within 2 weeks and the great difficulties in ensuring a newly privatised produce reports within 4 weeks of formal instruction. natural monopoly couldn’t act in anti-competitive ways. and Offender Risk Reports, Pre-sentence Reports, Life Review Panels and Parole Panel Reports Contact via secretary on 0121 507 3885 • Contracting psychology staff to Local Authorities, or by email at [email protected] ‘The government previously indicated they would the National Health Service and the Prison Service. carefully consider the vocal feedback they have received Department of Cardiology, Sandwell General Hospital, from the legal sector and beyond on this issue, and Lyndon, West Bromwich B71 4HJ. it is pleasing to see them following through on this 2nd Floor, Quayside Tower, 252-260 Broad Street, Birmingham B1 2HF Tel: (0121) 224-3051 Fax: (0121) 224 3252 E: [email protected] commitment rather than rushing to keep an arbitrary timeframe.’ said Robert Bourns. 16 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 17 he said ‘will lead them to defer to each other when appropriate, while ‘What a Year!’ he declared, ‘twenty years old -- we’re two years older EWI Conference 2016 assertiveness should ensure they do so only when appropriate.’ than Google! And we are doing what we should be doing as an Institute.’ Insight and Controversy: Expert Witnesses Kick Off Autumn Conferring at Dr. John Sorabji – ‘EWI in an Era of Reform.’ Sir Anthony also mentioned the increase in online teaching carried the Cutting Edge out by the EWI in such jurisdictions as Singapore and remarked Another significant speech was about the fact that EWI membership has now ‘topped the thousand Elizabeth Robson Taylor and Phillip Taylor MBE of Richmond Green Chambers review one of the highlights of the recent conference delivered by John Sorabji, a regular mark’, although the EWI still actively seeks new members particularly season... the 20th Annual Expert Witness Conference at Church House, Westminster. friend to the Institute. As Senior in forensic science as it grows. Fellow UCL, Judicial Institute - and or lawyers in England and Wales, in trials requiring expert evidence, you Lord Kerr Principal Legal Adviser to the Lord As a final point, Sir Anthony referred to the decision in Kennedy v. Fautumn is the contemplative ‘season need to know more about the EWI - Chief Justice and the Master of the Cordia heard on 10th February 2016, a leading case heard recently of mists and mellow fruitfulness’ that also and attendance at this conference does Lord Kerr Rolls, Sorabji covered a number of in the Supreme Court. Regarded as pivotal, the case highlighted heralds the advent of what is becoming provide the ideal opportunity to do so, important points. and examined the role of the expert, thus creating a singularly known as “The Conference Season”, and it is a fun event. important statement on the role and duties of expert witnesses. As during which time there are conferences ‘There are plenty of challenges and Sir Anthony reminded delegates, the primary duty of the expert is galore. A deep pool of talent opportunities for all experts ahead to the court, but there is also the duty to the client. Furthermore, the Dr John Sorabji of us because we’re still in an era issue of impartiality should always be uppermost. For at least the last couple of decades, these The recent EWI Conference of 2016 of reform,’ he said, referring to the paper from the Lord Thomas annual events have become almost an marked the 20th anniversary of the EWI and others, entitled ‘Transforming the Justice System.’ A document Eat the Frog First: essential part of a well-rounded, grounded Conference, and very well attended it much discussed at all the recent legal conferences, it follows on a Plea from Across the Pond - and well-informed professional life. So was. It was in effect a demonstration from the ‘Reshaping Justice’ paper of two years ago on which political animals generally gravitate to the of its standing, its burgeoning influence Sorabji has acted as an adviser and commentator. Make what you will of the whimsical title, but this speech was deadly various party conferences – Labour, Tory, and the pool of talent that sustains it. serious and presented with verve and vigour by the transatlantic LibDem, Green - take your pick. And for The roster of distinguished speakers Sorabji also dealt with two further issues of contemporary note: duo of Alan Anderson and his forensic accountant associate Carol members of the Bar, there’s the must- consisted mainly of lawyers, (some the fixed costs regime and ‘hot tubbing’ – the latter being the hot Ludington. Having acquired degrees from Cornell University also go-to Bar and Young Bar Conference in transatlantic) legal advisers and members topic du jour of last year’s EWI conference (and before). It may a PhD from King’s College, London, Minnesota-based trial lawyer, London. of the judiciary, including for example, have cooled down a bit since then, but it does refer to the use of Alan Anderson has been – among his lengthy list of credentials – Supreme Court Justice, Lord Kerr. concurrent evidence, which appeared in England and Wales around included in The Best Lawyers in America in intellectual property If you’re a keen conference goer, you’re Lord Kerr and Dr John Sorabji, who can 2005, having originated as an import from Australia the same the sort who inevitably appreciates the reasonably be referred to as the keynote year. ‘It does not save costs’ warned Sorabji, even though, in the Amanda Stevens opportunities to tap into what’s happening speakers, made some memorable points. experience of most of the delegates, it does make the proceedings now in your field… what’s happening ‘It is a given’ remarked Kerr, ‘that the role of of the court easier to follow. next… what should be happening, but experts in our legal system is indispensable’, isn’t – and why and what you can do, or later adding that ‘the relationship between All the speakers who followed touched on a number of the core should do, or shouldn’t do about it. And the decision maker and the expert witness issues involved in identifying - and elaborating on - a number of generally you have opportunities to meet can be a delicate and difficult one’! pitfalls inherent in the role of expert witnesses and their relationship many of the main players in your areas with the lawyers who instruct them. For example, Professor Stephen of interest and participate (or not) in the He went on to say that ‘there are many Mayson, of the Centre for Ethics and Law at the Faculty of Laws, usually sharp controversies of question spheres of legal activity where expert University College London, spoke on the ever-changing face of the and answer sessions. evidence has been pivotal to the outcome of legal profession - in which practitioners must contend with national contested and even compromised, litigation. and global as well as local, competition… plus the new regulatory However, there is one conference that In over twenty years as a judge, I have heard framework created by the Legal Services Act… and the relentless often doesn’t turn up all that prominently countless cases in which the result has been rise of the consumer – and more. in the purview of the typical reader of ‘The heavily influenced by the evidence given Barrister’ and that is the annual Expert by impartial, distinguished experts, either in Having advised barristers’ chambers, law firms and government Witness Institute (EWI) Conference. Held written reports or in oral testimony.’ departments worldwide, Mayson has also appeared as an expert in the central but sequestered and leafy, witness himself on law firm management in proceedings before rather collegiate-ish location of Church He elaborated further on the complementary the Solicitors Disciplinary Tribunal. All this and the impact of House in London – a stone’s throw from nature of the respective roles played by the alternative business structures has created tensions, but it’s not all Parliament – this conference is where expert and the tribunal of fact and (where bad out there. The market for legal services is huge and continually lawyers can garner important insights possible) those roles must be clearly defined. expanding with a total value of £30bn annually, which apparently is into the role and challenges facing the Interestingly, he quoted Lord Phillips in a no more than a mere estimate. expert witness in court and where expert Amiably chaired by EWI Governor 1997 case in which he observed that ‘when witnesses can meet and greet each other Amanda Stevens, the Conference the scientist gives evidence, it is important ‘Two years older than Google’ some words from EWI’s fourth Chair as well as the lawyers who instruct them. proceeded apace, with speaker after that he should not overstep the line which speaker imparting much useful, insightful separates his province from that of the Jury.’ What followed on from this cautionary yet optimistic message This article is written in the hope and and sometimes controversial comment were some words from Sir Anthony Hooper QC, who is the EWI’s expectation that the profile of the EWI will on the future of the justice system in Finally, Kerr reminded judges and jurors as fourth Chair. In celebration of the EWI’s twentieth anniversary, be significantly raised. If you are a lawyer general and the varied role of the expert well as experts, of the need to combine he encouraged members to raise the profile of EWI for members frequently (or even infrequently) engaged witness in particular. humility and assertiveness. ‘Humility’ present and future.
18 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 19 EWI Conference continued... litigation since 2010 and there are a number of other strings to his formidable bow.
Basically their presentation centered on the warning that ‘questions that fall within the purview of experts often are left until the end of preparations, or deferred entirely’ – and that ‘a reluctance to engage expert witnesses early in the dispute resolution process… often results in poor decisions or a less than desirable outcome.’ In other words, brief your expert witness sooner than later, or you might be in for a spot of bother. You have been warned.
Lawyerly debate
Sadly, space limitations rather rule out further detailed descriptions here of many of the other conference speeches, some of which dealt with highly specialised topics. Suffice to say, however, that the EWI Conference as a whole was distinguished in particular, by useful, organized, highly professional and high quality debate, lawyerly in tone and content because it was led largely by lawyers - and punctuated with question and answer sessions that were illuminating and challenging.
So later this year - only a few months hence - when autumn leaves drift past your window – and the start of the legal term looms - plan to take in a conference or two. The networking opportunities are first class and the food isn’t bad either, especially at the EWI Conference, which you really must make a note of in your Chambers diary.
In the august yet convivial precincts of Church House, there will be much that you can learn to your advantage, so do come next year!
20 www.worcestershirelawsociety.org.uk Counsel are often furious with my fees which invariably leads to a claim surgical issue. He or she cannot give The Potential for Conflict Between conclusions and imply that I have in the small claims county court and a a dental opinion. If the problems ventured beyond their instructions for complete breakdown in our relationship. relate to periodontal disease, find the Condition and Prognosis Report. Not yourself a Periodontist. If the problems Counsel and Witness so, I point out. My duty is to the Court. 2. Extension relate to failed root canal treatments, by Toby Talbot - Specialist in restorative dentistry, prosthodontics, endodontics and periodontics with over 20 years as an Expert Witness One firm forwarded a list of 30+ find yourself an Endodontist. Failed with a specific interest in dental negligence litigation claims, Toby Talbot ruminates on the challenges of the medico-legal partnership. Their error is to assume that a second questions which they stated were denture or crown and bridgework? Get The Potential for Conflict Between Counsel and Witness Expert will always agree with the necessary because they considered my yourself a Prosthodontist. Is the case conclusions of a previous Breach of report failed to clarify certain issues. multifactorial and covers a broad range he protocols What the patient may not appreciate is with bone loss that will invariably lead Duty Report. The only way to avoid Furthermore, they did not expect to pay of dental problems? Get yourself a Tbetween warring that Fitness to Practice charges are not to tooth loss. A review of their dental contradictions between the two reports is extra for the responses which took more Specialist in Restorative Dentistry. They litigious parties are well the same as the Failure in Duty of Care records shows limited documentation to ensure only one Expert is engaged. two hours of my time. It was clear that are all dentists, BUT they’re all different established - Counsel that has led to quantifiable damages or related to assessment of the gums, from the questions provided indicated creatures. represents their Client Causation. except intermittent advice to brush In another case involving untreated that the solicitor in question had awarded either acting for the their teeth a bit more, and routine periodontal disease I found in favour himself an honorary degree in dentistry. 4. Checkout whether the Expert is Claimant versus the opposing defendant, The doctor or dentist may have scaling every six months. When the of the patient. Subsequent quantum of still active at the coalface.The author practitioner or Health Authority, or for overlooked certain blood tests or patient attends another practitioner they £3,600 was offered by the indemnity 3. Procrastination attended a professional meeting in the Defendant in a claim for damages. diagnostic x-ray’s and is thus subject to suddenly feel shocked and aggrieved insurers which led me to file the records Firms have asked for a precise breakdown London quite recently and met a The Expert acts for the Courts and must criticism by the professional conduct due the “failings” of their previous for archiving. Imagine my surprise when of time allocated for the report and colleague who is very proactive as an remain wholly non-partisan, a fact committee, but unless this oversight practitioner. Blame is apportioned and a I received a demand for £30,000 from the then quibbled endlessly about minor Expert Witness. He has just celebrated reiterated each time a report is formally has led to untoward consequences visit to Counsel ensues. An initial breach patient’s agents three months later as a typographical errors. his 85th birthday having retired as a addressed to the Court. But, however with subsequent harm or injury, there of Duty Report follows after a review of consequence of my failure in my duty! clinician 20 years ago. How on earth clearly drawn the battle lines, there are is no Causation and therefore no the dental records where the omissions 4. Omission can Counsel expect him to be up to a several ways they can be so easily consequence of that omission. are serially pointed out by the Expert. It transpired that during previous Several firms have asked me to omit date? He will invariably find himself blurred... meetings with Counsel, the Client’s certain paragraphs that weaken their before a judge (in all probability It is also worth noting that although In the meantime, the patient (now solicitor had indicated to the client that case. When I refused, they complained and ironically of advanced years) Beware of any initial requests for a brief a professional body commissions Client) trots off to a periodontist who he could expect a pay out of £35,000. that I had sent the report in pdf format giving evidence only to be publicly review of any case when only limited an Expert for guidance, their Expert reinforces the terrible state of the gums As a consequence, the client issued and asked me to re- send the report as a humiliated when asked the ultimate documentation has been made available never examines the Claimant. In my and the enormous costs of complex instructions to the same solicitor who had Word document! question by the opposing QC – when as part of a scouting exercise. This usually experience this can lead to misguided implant dentistry that is required to instructed me to sue for the difference did you last undertake a similar means Counsel is trying to determine decisions against practitioners. When I put things right. Due to the complexity of what he expected and what he finally 5. Disqualification procedure? whether a case has a favourable chance have disagreed with the conclusions of of the proposed treatment, the former received. The Author invites the Reader Some firms have tried accusing me of of success without spending any more Conduct Committees I have often been Expert cannot provide an opinion as to consider whether there is an integrity venturing outside and beyond my area Finally, the Reader is reminded of the money than necessary. It’s effectively told by instructing Counsel that I am not he/she is a general dentist with no issue, and whether the solicitor should of expertise. It is to be noted that, as a influence of the Wolfe Report a few trying to do it on the cheap and it exposes permitted to contradict their findings. A specialist training. In addition, their have referred the case to another firm. former hospital consultant and a Fellow years back. Partisan conduct whereby the Expert if that opinion is not addressed wholly misinformed assumption. report did not allow them to examine of the Royal College of Surgeons, my former practitioners would consider it to the Courts. If at a later date Counsel the patient. This is not an isolated incident. Over understanding of general medical and their mission to protect colleagues has goes elsewhere for a more thorough Many an Expert will find themselves the last 20 years I have received several surgical issues is likely to be a little more been stopped to reflect professional report, the aforementioned Expert can find instructed to provide only a Current I am then instructed to exam the Client instructions from one of the larger legal than the general dental practitioner. transparency and candour. themselves with a claim against them if Condition, Prognosis and Future to provide the Current Condition, firms in my home city of Bath. They have I have been responsible for patients the later report contradicts your own. If Treatment Report after Counsel have Prognosis and Treatment options a dedicated division handling medico- undergoing critical care, victims of severe Gone are the days whereby senior any report is addressed to the Court, only previously obtained a favourable Breach perhaps 18 months after they attended legal instructions. One bright morning road traffic accidents, and head & neck retired medical/dental colleagues the Court is able to act against the Expert. of Duty and Causation Report. Watch the periodontist. At the consultation my clinic doormat was graced with a oncology patients. But I am a dentist! can dabble in report writing for a out for this one. It is invariably made by the Client presents with ongoing letter from them representing one of my bit of pocket money without finding Don’t compile reports unless you an expert who has made conclusions severe active periodontal disease own patients pursuing compensation This old lag isn’t one to offer criticism themselves humiliated in Court, outed have sight of all the relevant original based on the documentation alone associated with abundant plaque for treatment received. Not only did without constructive advice. for being out of touch with current documentation. Summaries and without examining the patient. What deposits throughout. It is clear this they not consider the possibility of any clinical practice. Court immunity transcriptions by legal and clerical staff Counsel do not understand is that patient has not taken a blind bit of conflict, but the patient was a solicitor 1. To avoid many pitfalls for the office has now become a thing of the past, are subject to typographical errors and the details of the clinical records will notice despite repeated visits to the himself from Dorchester. The case was of Counsel, I recommend due diligence resulting in a considerable reduction in omissions, not least because legal clerics invariably influence prognosis. If I periodontist, and is quite ill- suited to subsequently dropped. Needless to say, I is conducted by the solicitors’ office our numbers. Professional training and don’t understand medical and dental review the records and conclude after I expensive dental implants. Not only do have refused to accept any instructions to ensure that the selected Expert can registration of Expert Witnesses has terms, except at the most basic level. have examined the patient that patient I consider that he/she is a candidate for from them since. deliver the goods. culled the amateurs. compliance is so poor that the previous conventional dentures, but I consider Many cases are now finding their way practitioner was not to blame, then that he shows such a disregard for In my experience, the consequences 2. If the case is simple and May they RIP. to my desk following the outcome of a this will invariably influence my own his own responsibility for optimum of soured relations between Expert and straightforward and thus wholly within Conduct Committee hearing conducted treatment recommendations for that oral health that in all probability he is Counsel are several: the remit of a general practitioner, All the views and opinions expressed by a professional body. This is invariably patient. behaving as he did with the Defendant, you can commission a general dental by the author are personal but I would occurs when a case of Fitness to Practice ignoring advice and failing to comply. 1. Deprivation practitioner. welcome public debate on all the has gone against the practitioner As an example, let’s take a patient who In essence, the Client is wholly culpable I have received no response after issues included. concerned. Although the Patient has had has been under the care of a general for their own tooth loss. sending a report and the anticipated 3. But you may need a dental expert. their day in Court, they still trot off to a dentist for 20 years before they discover payment of my fee fails to arrive on time. A maxillo-facial surgeon can give Toby Talbot Solicitor to sue for damages. they have advanced periodontal disease It may not surprise the Reader that Some firms have resisted paying my you a critical appraisal of a wholly BDS MSD (Washington) FDS RCS 22 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 23 advantage. They may for example, use posted on Facebook make the social non- less” parental investment is a key driver in the presumed likenesses and similarities affirmation very public, whereas before the resolution of the dispute and a DNA He has his father’s nose… between alleged father and child to reinforce the advent of social media it was more based paternity test becomes a crucial discussions surrounding paternal certainty. likely contained to a close group of friends piece of evidence providing clarity where ou have your dad’s eye’s”, reassurance of parenthood. It leads to paternity, which of course is fraught with These claimed resemblances then serve to or family. This public display of clues to only doubt existed before. “Y“your mums smile”, “and your varying degrees of parental investment: potential arguments and doubts. Mothers, persuade the father of parenthood, which either paternity or non-paternity has the grandfather’s ears”… We’ve all the expenditure and resources parents in general, are keen to affirm the social in turn ensures paternal investment for the effect of raising the stakes for mother, The social mirror in the context of today’s heard comments such as these; invest in their offspring to ensure their mirror, whereas fathers are programmed child, thus increasing both the child’s chances alleged father, rival males and associated society can be a dangerous weapon, but but do they have any basis in survival and success, which can often be at to question it. of success (vs. peers) and the mother’s social destabilisers (who may have a is one that can be effectively countered by fact when attempting to assert the cost of their own reproductive success. reproductive success. Unfortunately, this also variety of motives). To gain certainty and use of an unequivocal paternity test from paternity? As a leading DNA In order to establish parenthood using has undesirable consequences for the male quell rumours, individuals often turn to a an accredited DNA testing company such testing company dealing with First to note is that this is not a the social mirror, fathers must rely upon who has been cuckolded into raising another DNA test as the only means of delivering as our own. hundreds of paternity cases every new approach to the paternity issue. the faithfulness of the mother. As a result, man’s child since it has the effect of reducing parental certainty. year, these types of comments Questions of “likeness” amongst kin fathers tend to place credence upon or indeed eradicating, their own genes from Ms Kate Donkin (Psychology Intern) often are posed to us. These are were considered by Pythagoras, Plato the physical likenesses and behavioural the gene pool. The question of paternity may then and Dr Neil Sullivan, General Manager. generally by associated adults and Aristotle; the latter first noted similarities that they believe they share spill over into the legal/social services Both of Complement Genomics Ltd, (parents and grandparents) who bilateral heredity (that characteristics with their child to affirm their biological This issue has never been more alive sphere as a tactic in family disputes, trading as dadcheck®. wish to emphasise a connection can come from mother and father) and relationship. These claimed resemblances than it is today, as there has been a shift where one or more party is trying to with a particular child. But can interestingly, that characteristics could impact the father’s parental investment from social affirmation to social non- reduce their responsibilities or undermine www.dadcheckgold.com physical resemblances or indeed also skip a generation. These likenesses decisions, as he is more likely to invest in a affirmation largely as a result of the use another’s position with respect to parental [email protected] personality similarities be a between parent and offspring help to child to whom he believes he is genetically of social media. For example, comments investment or indeed, vice versa. “More or 0191 543 6334 reliable indicator of a biological reaffirm parental certainty, the degree related or with whom he shares similar relationship or is it just a case of to which you believe you and your characteristics. “seeing what we want to see”? child to be biologically related. Mothers are less dependent on physical Upon the arrival of a new born baby or In general, mothers are more certain cues as an indicator of biological relatedness Book Review: Legal Risk Management, seeing a young child out with a parent, of paternity than are fathers. Before the as in general, they do not need to be family and friends will often instinctively advent of paternity testing (historically convinced of maternity. Instead, mothers mention resemblances between parent using blood typing through to today’s tend to notice psychological similarities Governance & Compliance and child. This deeply ingrained “social sophisticated and highly accurate DNA with their child such as likenesses in mirror” enables parents to rely upon testing), alleged fathers could only personality and are inclined to use family Interdisciplinary Case a riveting and often sobering narrative approach and landing (ALA) accidents the resemblances seen by others as a rely upon the social mirror to establish resemblances to their own evolutionary Studies from of the triumphs and disasters resulting which, say the editors, ‘have been targeted Leading Experts respectively, from triumphantly good -- as being amongst the primary killers in or disastrously bad -- risk management the aviation world.’. (Better not read this if Consulting Editors: practices. The salutatory lessons in every you are planning to fly anywhere any time Stuart Weinstein and chapter amply illustrate what -- and what soon). Charles Wild not to do -- in planning and implementing an effective risk management strategy. Compliance issues also arise in the terse ISBN: 978 1 90941 651 2 and information-rich discussion of the The book kicks off with the biggest and case of the Attorney General of the State of Globe Law and Business most compelling case study of them all – New York v Barclays Capital Inc., a complex one with world changing consequences matter involving technology-based www.GlobeLawandBusiness.com and yet to be resolved: Britain’s momentous marketing of securities in contravention of decision by referendum to exit from the an anti-fraud statute known as the Martin GLOBAL BRANDS: CASE STUDIES ON European Union. Editors Stuart Weinstein Act. The article describes the ramifications RISK MANAGEMENT, GOVERNANCE AND and Charles Wild, together with Matthew and the consequences, not to mention the COMPLIANCE – THE LATEST TITLE FROM Whalley, refer to it as ‘Brexit and Legal Risk: eventual costly outcome. GLOBE LAW AND BUSINESS a Case Study in the Making. With its focus on cases involving big An appreciation by Phillip Taylor MBE It is fair to say that each of the case international brands and big money -- and Elizabeth Taylor of Richmond Green studies covered holds its own special and the resulting diverse array of insights Chambers fascination. Take for example, the scandal and revelations, the book should prove an of FIFA and the high-profile investigations eye-opener to practitioners, particularly Anyone involved in risk management – and concerning its governance in which international lawyers and indeed anyone who isn’t these days -- should get this book. corporate governance is of course, the involved in the management of legal risk in In this case, to be precise, the area under key issue. Analytically discussed here is both the private and public sectors and scrutiny is legal risk management, together the intervention by the U.S. Department of the non-profit sector as well. with governance and compliance, as the Justice in the form of a 47-count indictment title indicates. against fourteen Defendants (including one Note also that the book is intended at the top of the tree). as a case study companion to Globe’s Published recently by Globe Law and previously published bestseller: ‘Legal Business, this is a collection of articles The further discussions on compliance Risk Management, Governance and by internationally recognized experts on issues include an article on aviation safety Compliance: A Guide to Best Practice. carefully selected case studies -- each considerations, including flight path based on rigorous research -- and each monitoring, flight into terrain (FIT) and The publication date is cited as at 2016. 24 www.worcestershirelawsociety.org.uk www.worcestershirelawsociety.org.uk 25 Research sheds new light on charitable legacies New research launched by the Law Society provides valuable insights into how solicitors can help their clients use their wills to support charities. ommissioned by Remember A Charity and The research also surveyed the public on their views about C conducted by the Behavioural Insights Team solicitors raising the issue of leaving to charity when helping (‘Nudge Unit’) and the University of Bristol, the research a client write their will. This survey showed 69 per cent of has examined the way that solicitors raise the issue people indicated that they would be happy for their solicitor of clients leaving money to charity in their wills. It to raise the issue, and 46 per cent thought a solicitor had highlights the impact of different approaches and how ‘a duty’ to raise the option of such a legacy giving when these produce different results in charitable giving. discussing a will.
‘Writing a will is an important step in ensuring that the people, ‘We know that there’s a big gap between the 35 per cent and causes, we have cared about will be properly looked after of people who say they want to leave a charitable legacy in when we pass away.’ said Law Society president Robert Bourns. their will and the around six per cent of people actually do,’ said Robert Bourns. ‘Solicitors have a vital role to play in this process, using our legal knowledge and experience to give our clients the ‘By improving our understanding of how to raise this reassurance that their wishes will be properly carried out. This important question, solicitors will be better equipped to research makes an important contribution in helping solicitors assist our clients in drafting a will that properly reflects their think about how we give our clients the best possible support wishes.’ and service in the will-writing process.’
The research was conducted using randomised control trials in eight firms of solicitors around the United Kingdom. It tested a range of ways of raising the subject of charitable giving, and shows the different results that each produces.
Findings of note from the report include that:
• Solicitors felt able to raise the issue of leaving money to charity in discussions with their clients comfortably and appropriately
• Clients who were told that many people bequest money to charity in their wills were 40 per cent more likely to do so themselves when writing their first will, and
• Clients with families may be more inclined to leave a legacy when asked if they wanted to leave to charities that their family had previously supported or benefitted from.
Rob Cope, director of Remember A Charity, said: ‘Legacy giving has become increasingly important to UK charities in recent years, generating around £2.5 billion for good causes annually and its impact on charitable services is immense. But, despite being a highly philanthropic nation, a relatively small proportion of people leave a charitable bequest in their will.
‘Many simply don’t realise that legacy giving is an option for them; that they can provide for family and friends and still have the opportunity of including a charity if they wish to do so. The role of legal professionals is crucial in making clients aware of all the opportunities they might want to consider when writing a will.’ 26 www.worcestershirelawsociety.org.uk Flood risk: forewarned is forearmed. Clients need accurate and up to date information to protect themselves against flood losses
inter 2015/2016 was the in affected areas to have appropriate headed by Kate Bould, who points out W warmest and wettest on record flood insurance. that Worcestershire’s many beautiful in the UK. Last year’s winter storms rivers have historically made the county were as bad as those in 1947, and Until recently, householders faced hefty very susceptible to property damage 2015 ranked as one of the two increases in their insurance premiums from flooding. worst years for flooding in Britain in if they were deemed to be in a flood the past 100 years, according to a risk area, leaving some homes and “The Severn, Teme and Avon study by the Centre for Ecology and families with little or no help if the worst have all caused major problems for Hydrology, published this month to happened. In April this year, however, Worcestershire properties in my lifetime,” coincide with the first anniversary of the insurance industry set up Flood Re, she said. Storm Desmond. an initiative designed to help households in at-risk areas find affordable flood “Despite investment in flood defences The storm, which struck on 5th and 6th insurance, which means many more in recent years, it’s vital for homeowners December last year and devastated large homes should be covered if and when to know about potential risks to their swathes of Cumbria, led to an insurance the storms strike again this winter. property and be aware of the insurance bill of more than £1.3 billion and left 700 arrangements they need to make. people still unable to occupy their homes Flood risk reports are becoming This is something that conveyancers 12 months later. increasingly important when homes need to have at the top of their are bought and sold, and are a vital minds when providing valuations and But despite record rainfall – with over part of every conveyancing transaction. recommendations for buyers and re- 13 inches falling in a 24 hour period at This is recognised by the Law Society mortgagers. Honister Pass, Borrowdale – damage which notes that, “in all conveyancing done by the 2015 floods was less than transactions, when acting for a “Index flood reports will indicate if a that in the flooding of 2007 and 2000. prospective buyer, tenant or lender, property is at risk from flooding from Here in the Midlands, the storms of June a solicitor should mention the issue any source, not just rivers, and also 2007 saw the region getting more than of flooding to the client and where the likelihood that reasonably priced 260% of its average rainfall. appropriate make further investigations.” insurance would be available for that property under the Flood Re scheme.” Global climate change, socio-economic As well as making enquiries with development and population growth is the seller and undertaking a physical Homebuyers in many areas of the impacting on the World’s ability to cope inspection of the home, the Law Society county will be more aware of the need to with flooding. The World Resources recommends that flood searches are account for flood risk when buying a new Institute estimated last year that 80,000 carried out using a professional search home. With the help of Index Property people in the UK could be affected by organisation such as Index Property Information, solicitors can provide timely, rising tides by 2030 if investment in flood Information. accurate and comprehensive information, prevention is not increased. giving clients the vital knowledge to A UK-wide search provider with proceed with their transaction. It is estimated that as many as one in locally-managed offices, Index offers every six UK homes is at risk of flooding unparalleled access to all relevant flood Index Property Information can be from coastal, river or surface water, risk searches from rivers, coastal, surface contacted by email - westmidlands@ highlighting the urgent need for homes and ground water. Its local office is indexpi.co.uk or phone 0121 546 0377.
28 www.worcestershirelawsociety.org.uk