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David Lloyd George James Sommervile Investigates His Legend and Legacy on Pp 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.
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