Pears 14

Issue 14 Winter 2014

Bulletin Sponsored by

ALSO:• Is nothing safe from privatisation?• Equity of Exoneration examined• Law firms local charity projects• Nigel Davies ‘arrested’!

Bowling Night Photospages 12-13

www.worcestershirelawsociety.org.uk 3

4 Committee Members and Member Firms5 Editor’s Introduction & President’s Foreword6 mfg’s mini food-fest6 Thursfields’ Cycling Challenge7 Five minutes with... Deb Brown7 JLD Report8 Harrison Clark Rickerbys’ Charitable Trust8 Oar-some fun!9 New Appointments at mfg10 Harrison Clark Rickerbys and EDU Gaming11 Equity of Exoneration12 Bowling Night Photos14 Worcester Snoezelen

15 Harrison Clark Rickerbys and youth volunteering16 Nigel Davies gets ‘arrested’!18 Renewables Expert joins Law Firm’s rural team18 Legal perils from falling trees19 Illegal immigrants in the private rented sector21 Millions of Britons have no will22 The Expert Witness Institute Conference 25.9.1424 Roythornes and Qlikview26 Ten Warning Signs28 DNA testing with dadcheckgold.com30 Is the cloud pie in the sky?32 Case + Practice Management proposal controversy32 The Annual Bar Conference 2014

This edition...Issue 14 Winter 2014

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Media No.1147

PublishedNovember 2014

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

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If paper is to be sent in lever-arch files, do not put the papers on the posts, but keep the pages together with rubber bands or wrapping and placing them between the covers. However, It is much better to scan the pages and send them electronically: this automatically paginates them and saves postage, paper and trees.

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For really PRACTICAL reports

4 www.worcestershirelawsociety.org.uk

Nick Hughes Vice PresidentPainters SolicitorsEmail:[email protected]

Iain Morrison Immediate Past President mfg solicitors LLPTel: 01905 610410Email: [email protected]

James SommervilleTreasurerThomas Horton LLP Tel: 01527 839418 Email: [email protected]

Tom Evans SecretaryThursfields Solicitors Telephone: 01905 730458 Email: [email protected]

Kirsten BridgewaterMFG solicitors LLP Tel: 01527 831691Email: [email protected] tn Division.

Deb BrownThursfields Tel: 01905 730 450 Email: [email protected]

Emma ChildsHarrison Clark Solicitors Tel: 01905 612001 Email: EChilds@harrison-clark.

Bally SandhuRussell & Co SolicitorsTel: 01684 89200Email: [email protected]

Robin HumphreysWhatley Weston & Fox Solicitors Tel: 01905 731731 Email: [email protected]

Nicholas TurnerSecretaryRussell & Co Solicitors Tel: 01684 892 000 Email: [email protected]

Robyn Ap CynanShires Associated Lawyer Mediators, Tel: 0800 917 9078 Email: [email protected]

Kevin JoynesHarrison Clark Rickerbys Telephone: 01905 744896 Email: [email protected]

Committee Members

Worcestershire Junior Lawyer Division JLDPriya TromansChairHarrison Clark Rickerbystel: 01905 746469email: [email protected]

Victoria BurrowVice ChairHarrison Clark Rickerbysemail: [email protected]

Harjinder BainsTreasurerThomas Hortonemail: [email protected]

Luke BoxallSecretarytel: 01299 872998email: [email protected]

Asim KhanSocial SecretaryHarrison Clark Rickerbysemail: [email protected]

James OsborneSocial SecretaryHarrison Clark Rickerbysemail: [email protected]

Lara WilkinsonSocial SecretaryRussell & Co. Solicitorsemail: [email protected]

Oliver HuntSocial SecretaryHarrison Clark Rickerbysemail: [email protected]

Christopher FinchSocial SecretaryHarrison Clark Rickerbysemail: [email protected]


Well the season has been kicked off by what was another fun filled evening of bowling,

the competition was hotter than ever and I am convinced there has been some practicing going on since last year’s event, you will have spotted the proud winners of the bowling awards on the front cover and more photographs can be found on pages 12 to 13, thank you to those who supported this and it was good to see so many of our members taking part.

Carrying on the social theme your committee has launched drinks after work. The Society would like to make this a monthly informal event at venues reaching out around the county, with one local to you some time soon. The first was held at the Swan at Whittington, the next that took place on 11 December was at the Crown & Sandys, Ombersley and please do keep a look out for our regular emailed updates.

The JLD provides its update on page 7, where you will also find the next in our regular feature and this time 5 minutes is with committee member Deb Brown.

Our member firms have also been busy and you will find various updates and articles throughout, items are always very welcome and please do keep them coming.

That leaves me to wish you all a happy Christmas and prosperous New Year.

Contributions are always gratefully received, the more the merrier, and for regular updates of your Law Society do have a look at www.worcestershirelawsociety.co.uk.

Kirsten BridgewaterEditor, for and on behalf of the [email protected]

Editor’s Introduction

LIFE doesn’t get any easier in our Profession does it. As I write this, as a Conveyancer, we’ve just

experienced the joys of the CHAPS system going down nationally causing all sorts of problems to those wanting to complete transactions. Largely by the lateral thinking of Conveyancing solicitors and cooperation between them catastrophe was

generally avoided although I doubt whether we will receive much thanks (or indeed payment) for the extra work and trouble we took. To me, though this could be an age thing, this highlights the problems of an over reliance on things electronic - when I suggested someone went round the bank and got a Banker’s draft to be delivered to the Seller’s solicitor (me), I was met with incredulity. We have the Law Society’s Conveyancing Portal to look forward to - if it works then fine but it will need rigorous testing. All that and the joys of CQS tests (which seem to be getting harder and harder) and Lender Exchange Registration and payment therefor have made the last few weeks rather trying.

The doubts about any sort of Legal Aid, for those of us who still do such work, make it so difficult to plan. The delays in proper detailed plans for Criminal Legal Aid and the rise in Litigants in Person are creating great difficulties for those that do that sort of work. I would urge you to support the Law Society’s Access for Justice campaign.

Accountants are now becoming registered as “Alternative Business Structures” and they say they shouldn’t get involved in competing with lawyers but, even if that is their intention now, I wonder how long that intention will hold good. Private Client and Commercial Lawyers watch out.

Anyway after casting gloom over most areas of law firms’ work I’ll try and be more positive.

The SRA are revisiting the idea that we shouldn’t have Accountant’s Reports anymore and seem to have realised their ideas of reducing the Indeminty Insurance Minimum Cover were not as well thought through as might have been,

You will need to watch out for the Changes to Consumer Credit Authorisation as these really could affect firms - even having your fees paid by instalments could land you in trouble. Of course properly managed this could be a blessing in disguise!

Locally we have been having problems with our website which had stopped working (see comments on relying on electronic methods above) and meant we couldn’t update things . Thanks to stirling work by our Administrator,Ava Leighton Carr and Debbie Brown from Thursfields (And Mr Brown) we are now up and running again and we are looking at upgrading properly. This should improve our communications and has brought home how difficult it is to run a Society such as ours without a fully functioning website. We have various plans for events which have been delayed somewhat. One of these is for more or less monthly “Pint After Work” meets at Pubs around the County which should improve our Outreach to members who don’t get the opportunity to visit Worcester so often. Please support these. Details later.

We are Planning our Awards and Dinner for April 2015 and again more information later.

I would like to take this opportunity to thank Wesleyan for their continued support to the Society and would remind you that despite dropping the Wesleyan for Lawyers strapline they are still very much supporting the profession, both individuals and firms in providing services and information - they can come out and, for instance, give seminars to staff and partners on various aspects without obligation.

Related to this is the pensions Auto Enrolment requirements which all firms need to embrace urgently, if you have not already done so - again if you haven’t this already in hand Wesleyan can assist.

Finally we are looking to recruit members so that we can be representative of all firms, and indeed, all lawyers in the County. If you are reading this and not a member please make contact and/or come to one of our Pint After Work evenings - one of the points is to reach out further to all parts of the County and all lawyers.

As I don’t think we will be issuing another Pears in 2014 may I take this opportunity of wishing you all my first Compliments of the Season this year. Have a Merry Christmas and lets hope we all have a Healthy and prosperous New Year.

Nick Hughes

Painters solicitors

Tel: 01905 610410 Email: [email protected]

President’s Foreword: Is there nothing safe from privatisation?


mfg Solicitors held a one-of-a-kind Mini Food Festival event at the Ludlow Kitchen on 11th September. Over 100 people enjoyed a selection of locally sourced and produced foods and drinks and were treated to a variety of talks and demonstrations including butchery and the art of chocolate making.

mfg’s Mini Food Fest

ON 10 September 2014 three cycling mad members of the Thursfields Solicitors’ litigation team successfully beat

the professional cyclists on stage four of the Tour of Britain racing from Worcester to Bristol. Admittedly the team raced the slightly shorter motorway distance rather than taking on the full 115 mile route, but it was still a big challenge as cycling on turbo trainers proved almost as difficult as tackling the big climbs on the pros’ route.

Director and head of the team, Mark Pittaway, personal injury and medical negligence solicitor, Bernie Mackie, and property litigation solicitor, Stefania Fulford, between them raced on turbo trainers outside the Thursfields offices on The Tything in Worcester to complete the distance about an hour ahead of the professionals.

The cycling challenge was set down by the team as a way of celebrating the Tour of Britain starting from Worcester and the event was held in support of the Acorns Childrens Hospice. The team have so far managed to raise over £450 through sponsorship and donations made by passing locals. This money will help fund the fantastic work that Acorns carries out for children suffering with life limiting illnesses and disabilities. Mandie Fitzgerald, Acorns fundraising manager for the Three Counties Hospice, said: “We are ‘wheely’ grateful to Thursfields Solicitors’ litigation team for getting into the saddle to raise money for us.”

If you would like to make a donation in support of Acorns, please visit the Thursfields Justgiving page at https://www.justgiving.com/ThursfieldsRacestheTour.

Thursfields beat the Tour of Britain to Bristol

News News News News News News



5 Minutes with... Deb Brown

Name: Debbie Brown

Firm: Thursfields Solicitors

Job Title: Employment Solicitor

Tell us what you do:Trusted legal adviser to SME’s providing practical HR and employment law advice.

Where were you born and brought up?I was born in Oxford and brought up in Didcot (Oxfordshire).

Describe yourself in three words:Calm, capable and conscientious.

If you weren’t in the job you’re in now, what could you see yourself doing?Being Barbara Good (Felicity Kendal) in The Good Life.

What hobbies do you have?Sailing, tending to small vegetable plot and cooking. What’s your favourite holiday destination?New York it’s an amazing city.

If you could get tickets to any event what would it be?VIP tickets to U2, my husband sorted this out a few years ago.

If you had three wishes what would they be?Health, wealth and happiness.

I must start this time with a great big ‘Thank you!’ to all of my committee members.

This year certainly would not have been as easy or fun without you.

We ended our summer with the ‘ End of Summer Social‘. We all enjoyed some lovely drinks by the river to the fantastic sounds of ‘Paper Dreams’, a band including our very own Chris Finch.

At the time of writing, I don’t know the outcome of the inter-firm bowling competition, but I imagine my response would be the same if I did – “Well done JLD!”.

As always, special thanks go to Wesleyan for their continued sponsorship and amazing prize draws.

If you are interested in joining the WJLD in time for our Christmas Party Festive Extravaganza, please email our secretary Luke Boxall at [email protected] (membership is free).

Best Wishes,Priya TromansChair and National RepresentativeWorcestershire Junior Lawyers Division.

Dates for your Diary:

January 2015; Accounts Rules Seminar, followed by a social

February/March 2015; Mock civil trial kindly organised by St Philips Chambers

Please note that we meet on the last Thursday of every month at Casablanca bar, Worcester following our committee meetings. All members will be added to the mailing list and will be updated on all upcoming meetings and events.

JLD Report

Thursfields beat the Tour of Britain to Bristol

Legal HumourThe Legal Humour features in this issue are stories and anecdotes from Legal History. All of them are true. Some are of considerable vintage. I am again indebted to “Law and Laughter” by Morton and Malloch (1913) for some (but not all) of these stories.

Legal HumourHorse Stealing

A Defendant was acquitted of horse stealing.

When the trial was over and the prisoner acquitted the judge said to him “Prisoner, luckily for you, you have been found not guilty by the jury but you know perfectly well you stole that horse. You may as well tell the truth there is no harm going to happen to you now by a confession, for you cannot be tried again. Now tell me, did you not steal that horse?”

“Well my lord” replied the man “I had always thought I did until I heard my Counsel’s speech but now I begin to think I didn’t.”


THE Trustees of Harrison Clark Rickerbys’ Charitable Trust have

been delighted to support Fort Royal Community Primary School, based in Worcester, in providing a donation of £510 in response to a request for funding support towards the purchase of play tables for outdoor learning projects.

Fort Royal is a school of 170 children aged between 3-11 years old, with special educational needs. Its students have learning and physical disabilities, and may be on the autistic spectrum or have a life limiting condition. The school aims to meet the physical, educational, social and medical needs of its students in a safe, caring and happy learning environment. The school’s outdoor spaces are vital to the wellbeing of its students and, by ensuring that they are as inclusive as

possible, all of its pupils can learn and have fun together.

Margaret Jones, Grants Administrator at Fort Royal Community School, said; “We recently embarked on a programme of fundraising to transform our outdoor learning spaces into more friendly, accessible ones for all of our students. We are keen for them to experience planting, growing, picking and eating their own produce, and to experiment and learn within a safe environment. Our staff identified these as activities that would help our students’ learning and complement their national curriculum key stages.”

Margaret added, “We created raise beds so that our wheelchair bound children could access them along with

their classmates, and, thanks to the kind donation from Harrison Clark Rickerbys’ Charitable Trust, purchased a height appropriate table, which provides seating on one side and space for wheelchair users on the other. This has enabled our students to work together and has made an incredible difference to each class. We really are very grateful to the Trustees for enabling our teaching to be as inclusive as possible.”

Jonathan Brew, Senior Partner at Harrison Clark Rickerbys Solicitors and Trustee of the Harrison Clark Rickerbys Charitable Trust, commented; “We are very pleased to support a local school and to observe the positive impact that our donation has had on Fort Royal and its students. The new outdoor area provides children with a safe environment in which they can enjoy participating in practical tasks outside of the classroom and it is nice to hear that it is well used. With our head offices based in Worcester, we are delighted to support worthy causes such as this in the local area.”

Harrison Clark Rickerbys’ Charitable Trust has raised over £160,000 since its inception in 2007 and aims to give back to the communities within which the firm operates. For more information please visit www.hcrlaw.com.

For more information about Fort Royal Community School please visit http://www.fortroyal.co.uk/

News News News News News NewsLaw firm’s Charitable Trust supports local School

mfg Solicitors were delighted to take part in the H&W Chamber of Commerce Worcester Severn Festival which was held on the banks of the River Severn on 30th August. The firm put in a team of 20 and a really great time!

mfg OAR-SOME has fun on the water



10am Thursday Dentists

New Appointments at mfg

1. Paul Mountain has joined mfg’s Commercial Division as a Consultant based in the Kidderminster office. Paul is a former Partner with SGH Martineau. Paul has built a reputation in The Midlands for not for profit, education, heritage, social enterprise and charity work on the back of his national recognition as a construction lawyer.

2. Helen Gough has joined mfg as an Associate having previously worked for Lodders. Helen is very experienced in agricultural matters and will be based at mfg’s Worcester office.

3. Jennifer Hicks-Jones has joined mfg’s Commercial Division at the Telford office. Jennifer is an experienced property lawyer who previously worked for Eversheds. Jennifer joins mfg as an Associate.

4. Steve Meredith joins mfg’s Private Client Division as a Consultant. Steve is ATII/CTA qualified as well as a Solicitor.

5. Andrew Chandler has joined mfg as a Solicitor based in the Kidderminster office. Andrew is within the firm’s Civil Litigation Division.

6. Sarah Coyne has joined mfg’s Litigation Division and is based at the Bromsgrove Office. Sarah has rejoined mfg after a ten year career break.

1 2 3

4 5 6

Legal HumourThe Highwayman

A highwayman sent for a solicitor and enquired what steps were necessary to be taken to have his trial deferred. The solicitor answered that he would require a doctor’s affidavit of his illness. This was accordingly done in the following manner:

“The applicant verily believes that if the said ______________ is obliged to take his trial at the ensuing Sessions he would be in imminent danger of his life.”

“I verily believe so too” replied the Judge and the trial proceeded immediately.


Harrison Clark Rickerbys gets game-based learning company off the ground

THE business start-up team at leading law firm, Harrison Clark Rickerbys, has helped local young business entrepreneur,

Josh Davies, set up a community interest company, EDU Gaming through its innovative start-up business essentials package.

Alison Scott, Partner at Harrison Clark Rickerbys, explained the concept behind the start up package; “In our experience start-up businesses are often vulnerable in their early phases. Cash flow is difficult and it is therefore tempting to forego the establishment of proper contracts and agreements, or to cobble together documents through internet research.”

The latest research into survival rates of new businesses, taken

from 2011, lists that of the 2325 new companies established in Worcestershire, 114 of these enterprises failed to survive more than one year.

Alison continued; “New businesses face a number of challenges and need support from local professionals in order to develop and thrive. We felt it would be useful to create a cost-effective suite of legal documents with easy payment terms in order to best support and protect businesses in these early phases, and throughout their lifetime. EDU Gaming is one such company which has benefited from the package.”

EDU Gaming is a social media, publishing and community project with a focus on the educational value of video games. Its mission is to promote the awareness of developments in game-based learning to the general public and provide a free educational resource that uses video games as a context to deliver educational material.

Through its platform and developing network, founder of EDU Gaming, Josh Davies, aims to build a lasting community of gamers, students, and educators. Membership is free to all.

Josh, who attended Worcester College of Technology prior to graduating from Cardiff University and attaining a Master’s Degree from the University of Bournemouth, said; “I founded the concept of EDU Gaming upon a belief that games have far more value than just entertainment and the idea that there are lessons to be learnt from almost every game you play, whether it’s transferable skills, academic knowledge, inspiration, or simply a point of interest. Our mission is to investigate the extent of these values and offer members the opportunity to discuss with like-minded people.”

“I am delighted that the website is now up and running and really appreciate the support I received from Harrison Clark Rickerbys’ Corporate team in getting this far. Their business start-up essentials pack offers real value for money and I look forward to continuing to work with the team going forward.”

Through its website, EDU Gaming offers a continually growing library of educational material which enables members to use the directory to pursue an interest topic from a video game and learn about its application in real life.

EDU Gaming also acts as an extensive social media and publishing platform designed to allow gamers, students and educators to interact and share their ideas about game-based learning and its application in the classroom. Unlike many other social media platforms, EDU Gaming aims to engage with its community through game servers and by hosting events. It is also working towards assisting educators by developing lesson plans that utilise game-based learning.

Alison Scott, Partner at Harrison Clark Rickerbys, commented; “It has been great to work with Josh on this project. The concept of engaging in outreach projects with businesses and institutions to make education more accessible and to promote a wider use of game-based learning in mainstream education is fantastic and we were delighted to get the concept off the ground through our fixed fee business start-up essentials package.”

For more information on EDU Gaming visit: www.edu-gaming.com/home


The concept

ExONERATION is granted on money that is held in a joint account used for

both business and matrimonial expenses but has been used purely for the benefit of the husband and/or his business.

Example

In the famous and defining case of Re Pittertou (A Bankrupt) [1985], the facts were as follows:

1. Husband (H) and Wife (W) placed a charge on a jointly owned property in order to secure H’s bank account.

2. The account was used for both business and matrimonial expenses.

3. H becomes bankrupt.

4. Matrimonial home is to be sold to pay the debts.

Judge Scott ruled where the money had been used for the joint benefit of H and W, this must be paid from the net proceeds before division. However, any monies used for the sole benefit of H and/or his business, these are to be deducted from H’s share alone.

Day v Shaw and another [2014] EWHC 36 is the most recent ruling and follows the same basic principle.

Modern life and the argument of exoneration

The concept of this defence seems rather old fashioned in these modern times as the basis is, essentially, the wife being at home, completely oblivious to the running of her husband’s business and ignorant to all household ingoings and outgoings. As most couples now both work, married or not, is it right to assume that a partner would a) be ignorant of the household running costs and b) not contribute? Conversely, is ignorance really a defence and if so, one deserving of exoneration?

Secondly, when doesn’t a wife have the benefit of her husband’s money? In modern society, is it not the case that all money earned is money earned for the benefit of both the wife and the husband? Or is a portion of money each partner earns for their own personal benefit and if so, how is this measured accurately?

Thirdly and finally, where does one draw the line when deciding what a benefit is and what isn’t? Do we take into consideration that four months before the business went into liquidation, the husband paid for a £5,000 holiday for the pair of them? Do we take into consideration the wife’s benefit in the sum of £2,500 and try and claim this back?

Use of the argument

It is rare for cases with this defence to go to court for two primary reasons (in the writer’s opinion):-

1. Costs – the costs of court vs the costs that are stood to be recovered are usually disproportionate so it is sensible to try and negotiate a reasonable settlement for both parties; and

2. Insolvency Practitioners are, on the whole, reasonable and to be reasonable is to negotiate without the need for protracted correspondence and lengthy and expensive court proceedings.

The other side of the coin

Whilst the above paints a rather bleak picture as to the way exoneration is applied fairly and accurately in modern times, it is a relevant and important tool in protecting those who would stand to lose through no fault of their own.

An example of a case the writer was involved in recently saw the following:

1. Husband (H) left Wife (W) and starts divorce proceedings;

2. H declares himself bankrupt;

3. Trustee appointed and instructs solicitors in order to realise H’s share of the matrimonial home;

4. Trustee offers W chance to buy H’s share of the equity for X;

5. W argues and provides proof that since H left the matrimonial home, W has paid the mortgage payments (note, payments and not just interest).

6. Trustee agrees that there should be a reduction for this amount and agrees the sum of Y with W.

This, the writer feels, is a true exoneration in that the wife would have suffered a loss had the fact that she has solely paid the mortgage not been taken into consideration. It is worth noting that had the wife been paying interest only, this would not be an exoneration as the wife would have lost no value if that had been the case.

Conclusion

Whilst we are currently governed by the rulings in Pittertou and Day v Shaw, the writer would not be surprised if at some point in the near future, the argument of exoneration as we know it was challenged. As the way people live their lives changes, so to must the law.

Lauren Hartigan-Pritchard at [email protected]

Equity of Exoneration: An artefact of another time?


Bowling Night


THE Charitable Trust of the leading Three Counties law firm, Harrison Clark Rickerbys, and the Worcester and

Shrewsbury Corporate and Commercial teams at Santander, have together helped a local charity which provides services to people with disabilities with the renovation of a new multi-sensory star tunnel.

Worcester Snoezelen is an independent charity which offers multi-sensory and creative activities for children and adults who have a diverse range of needs. The centre is predominantly for those with learning disabilities, but also for their families and siblings, as well as those with dementia and physical disabilities.

Harrison Clark Rickerbys’ Charitable Trust donated £893 to the worthy cause in response to a request from Worcester Snoezelen to fund two pieces of new equipment for its star tunnel. A team of eight managers from the local Santander teams then descended on the Worcester Snoezelen on 22nd September for a paint party. They repainted the reception area and the star tunnel in which the new equipment is now housed, using materials chosen by the charity and supplied by the bank. The combined effort has created a multi-sensory room that will hugely benefit the children and adults who make use of the centre, which comprises of 4 individual multi-sensory rooms, a hydrotherapy pool, a soft play area and creative arts rooms.

Jane Roberts, CEO, Worcester Snoezelen, said; “We are delighted with the support from Harrison Clark Rickerbys’ Charitable Trust which has allowed us to purchase new equipment for our multi-sensory star tunnel, and thrilled with the efforts of Santander in rallying up troops to help us redecorate the room. This room will benefit many children and adults who have disabilities within Worcestershire and beyond.”

Jane continued; “The equipment which was previously in this room was 10 years old and in need of an upgrade to take advantage of the advances in multi-sensory equipment. The new use of LED bulbs instead of traditional lighting bulbs means the new equipment is both easier to maintain and a lot less noisy! The room now has a new lease of life, complementing the existing 4 multi-sensory rooms and hydro-pool, and we look forward to our members enjoying multi-sensory therapy time within this new area. We cater for all abilities and ages and would welcome new members to our centre in Turnpike Close.”

Jonathan Brew, Trustee of Harrison Clark Rickerbys’ Charitable Trust, commented; “Harrison Clark Rickerbys’ Charitable Trust was delighted to support this great local cause and we are pleased that the new multi-sensory star tunnel will benefit Worcester Snoezelen’s users so much. With our head offices based in Worcester, we are delighted to support worthy causes such as this in the local area.”

Jenny Clayton, who organised Santander’s activity, said; “It was a great day out of the office providing some much needed

material and manual support to the Snoezelen. The reception area and the star tunnel have both been refreshed and I know the new look will get the approval of the 400 visitors to the charity every week.”

L-R: Jenny Clayton (Relationship Director), John Hyde (Senior Relationship Director), Sarah Hands (Relationship Manager) and Chris Hallam (Regional Director for Business & Development) all of Santander, Jane Roberts (CEO at Worcester Snoezelen) and Jonathan Brew (Senior Partner at Harrison Clark Rickerbys).

For more information on Worcester Snoezelen please visit http://worcestersnoezelen.org.uk/

Businesses support independent local charity, Worcester Snoezelen

Dates for your diary:

02.02.15 @ 7pm Annual Quiz venue TBC

05.03.15 @ 6:30pm Crime & Punishment Worcester Walk

24.04.15 @ 7pm Annual Award Dinner @ the Chateau Impney

07.05.15 @ 6pm Worcester Cathedral Visit inc tower

04.06.15 WLS AGM details TBC

Legal HumourBaron Alfreson

Counsel was addressing the Court in an insurance case when he was interrupted by Baron Alfreson who asked a question: “Mr Martin, do you think any office would insure your life?”

“Certainly my Lord” replied Mr Martin, “mine is a very good life”.

“You should remember Mr Martin that yours is a brief existence”.


THE Charitable Trust at leading law firm, Harrison Clark Rickerbys,

has been delighted to support the youth volunteer summer programme organised by Worcester Volunteer Centre.

The Trustees of Harrison Clark Rickerbys’ Charitable Trust made a donation of £640 in response to a request from Worcester Volunteer Centre for funding support towards the purchase of special t-shirts for the young volunteers involved in its summer programme ‘Fun Squads’.

Thanks to the generous donation, the team of 25 -30 volunteers will now be provided with good quality t-shirts for the 6-week summer programme, which involves activities such as sports, circus skills, face painting, arts & crafts, environmental activities and/or drama.

Sally Ellison, Chief Officer at Worcester Volunteer Centre, said; “We are most grateful to Harrison Clark Rickerbys’ Charitable Trust for its support. Our youth volunteer summer programme offers individuals aged between 16 – 25 the opportunity to meet new people, gain new skills and knowledge, and make a positive impact in their local community. The volunteers are extremely enthusiastic and looking forward to helping out in the community over the summer sporting their new t-shirts. There are still opportunities available to get involved if anyone else would like to join our volunteer team!”

Jonathan Brew, Senior Partner at Harrison Clark Rickerbys Solicitors and Trustee of the Harrison Clark Rickerbys Charitable Trust, commented; “It is very nice to see so many young people within the Worcester community

so enthusiastic about volunteering opportunities. With Worcester being home to our head office, we are delighted to support this worthwhile cause.”

Worcester Volunteer Centre supports voluntary and community action in and around Worcester City. For more information please visit

www.worcestervolunteercentre.org.uk.

To find out more please contact:

Michelle Whitefoot T: 01886 812779 [email protected]

Kabbie Langford

T: 07940 371794 [email protected]

Law firm’s Charitable Trust supports youth volunteering in Worcester

Middle: Jonathan Brew, Senior Partner at Harrison Clark Rickerbys, with Worcester Youth Volunteers Far Left: Chris (Volunteer coordinator), Far Right: Mike (Volunteer coordinator)


I was “arrested” by Kemp Hospice and thrown into the cells at Bewdley jail. My offences included not making enough cups of

tea, hitting the staff over the head with files and the dead giveaway – not praising Sarah Mason enough ( I am presuming that Sarah came up with these trumped up charges)! I pleaded guilty as there seemed to be several witnesses who were prepared to give evidence against me and not one who would even act as a character witness for me!

It was all in a good cause. I was one of five bosses locked up by

Kemp Hospice and not allowed out until we had raised £250 each. I am pleased to say that I raised £700 as I was desperate to get back to work! One of the bosses was the landlord of the Brinton Arms and we were tempted to celebrate our release there. Kemp Hospice do an amazing job. It is not until you have experienced a relative being helped by a hospice that you truly appreciate what they do. My father in law was helped by a hospice and it was good to be able to help in a small way to raise funds for Kemp. I am the third boss from Thursfields to be locked up for Kemp Hospice and I am working hard on choosing who I will be nominating next year!

Nigel Davies, Director, Thursfields Solicitors

It’s not every day that a local lawyer gets arrested!

Dr Anthony K ClarkeBSc MB BS FRCP

Consultant in Rheumatology and Rehabilitation Medicine

I was Senior Physician at the Royal National Hospital for Rheumatic Diseases in Bath.

I have thirty years of medico-legal experience, with a wide portfolio which includes, in the rheumatological area, general rheumatology, ankylosing spondylitis, musculo-skeletal pain, back pain, occupationally-related and traumatic chronic pain, including complex regional pain syndrome, and fibromyalgia.

With my rehabilitation background, I have expertise in traumatic brain injury, spinal injury and stroke.

I was Medical Director of my NHS Trust and have expertise in medical negligence and matters of competence. I helped to establish the Bath & Wiltshire Chronic Fatigue Syndrome service.

I have extensive experience in the preparation of medical reports and joint statements, and court appearances. I am willing to undertake domiciliary visits on claimants who are unable to travel, including abroad.

The Bath Clinic, Longwood House, Claverton Down Road,

Bath BA2 7BRTel: 01225 838849

Mob: 07774 658522 Fax: 01225 743215 / 832535

Email: [email protected]

Dr Anthony K ClarkeBSc MB BS FRCP

Consultant in Rheumatology and Rehabilitation Medicine


RENEWABLES expert Stewart Smith has joined mfg as an associate after almost a decade with Cheshire-based

practice Walker Smith Way.

An experienced renewable energy specialist with a reputation for his advice on complex wind farm schemes, Mr Smith will work closely with partners Susan Morrissy and Iain Morrison across the firm’s Worcestershire and Shropshire offices.

Iain Morrison, partner and head of the agricultural and rural affairs division at mfg Solicitors, said: “Stewart is a first-class addition to the firm. He has the credentials and expertise we are looking for as we increase the depth of sustainable energy and environmental advice we provide.

“Over the past 12 months we have advised an increasing number of landowners on renewable and agri-environmental initiatives – not just in Worcestershire, but across the country.

“Stewart’s experience will add considerable strength to that growing client base as more landowners concentrate on the countless benefits environmental schemes can bring.”

Stewart Smith added: “To join what is widely thought of as one of

the area’s leading and most admired agricultural teams is exciting.

“For many years mfg Solicitors has been admired throughout the industry for their rural and farming expertise. I am delighted to be part of that and to have the opportunity to bring my own experience to the firm and our clients.”

mfg Solicitors has 33 partners and employ nearly 130 people. They have eight offices across the West Midlands with main branches in Worcester, Kidderminster, Telford and Bromsgrove.

Their rural team’s clients include local authorities, farmers, rural businesses and landed estates.


Renewables Expert joins Law Firm’s rural team

THe heavy weather which has battered parts of Worcestershire will bring a spate of compensation claims

if land owners do not take care over falling trees.

That is the warning from one of the county’s leading litigation lawyers, who is concerned that businesses and home owners are leaving themselves open to legal challenges if trees on their property fall in high winds.

Harjie Singh Bindra, partner at Worcestershire law firm mfg Solicitors, has warned land owners and businesses must ensure they have taken all ‘reasonable’ steps to ensure people and property are safe, but that many are not aware of the legal pitfalls.

The alert comes as the Environment Agency clears up after some of worst flooding for years and homes and businesses in some parts of the UK continued to be buffeted by 100 mph winds. Insurance costs are expected to reach £1 billion.

“Parts of Worcestershire have been severely affected by flooding and uprooted trees in the recent stormy conditions.” said Mr Bindra, a nationally-recognised expert in property

litigation. He added:“It’s been exceptional weather and as the Prime Minister described it recently, almost ‘biblical’.

“But whatever the best definition is there’s no doubt that the storms have left countless properties damaged by trees and fallen branches – with many business or private property owners unaware of their legal position, especially if neighbouring properties are affected.

“So-called ‘acts of God’ are no-one’s fault but there’s some in the region who are encountering huge problems as it becomes clear the tree in question was diseased, rotting or damaged.

“In these cases the legislation across England in Wales is well-defined - if the owner in question knew, or should have known, there was a problem they must take reasonable steps to remove the tree from their property or make it safe.

“It’s a harsh fact and something which is causing considerable stress and financial worry at the moment for many commercial landlords and private households.”

Property owners warned of legal perils from falling trees

l-r Iain Morrison with Stewart Smith (mfg Solicitors)

County law firm mfg Solicitors has strengthened its widely-respected agricultural team with the appointment of a specialist lawyer.

www.worcestershirelawsociety.org.uk 19www.worcestershirelawsociety.org.uk 19

AS of 22nd October 2014 the Home Office published the latest

version of the Code of Practice on Illegal Immigrants and Private

Rented Accommodation (‘the Scheme’).

Under section 22 of the Immigration Act 2014 a landlord must not authorise an adult (those aged 18 and over) to occupy property as their only or main home under a residential tenancy agreement unless the adult is:-• A British citizen;• An EEA national; or• A Swiss national; or• Has a right to rent in the UK.

The majority of people will have an unlimited right to rent, others will have a time-limited right to rent and some will have no right to rent.

Those who are not British citizens, EEA or Swiss nationals will have a time-limited right to rent if:• they have valid leave to enter or remain in the UK for a limited period of time; or• they are entitled to enter or remain in the UK as a result of an enforceable right under European Union law or any provision made under section 2(2) of the European Communities Act 1972.

The scheme mechanism is so designed as a safeguard to ensure that illegal immigrants are unable to establish a settled life in the UK by restricting access to private sector rented accommodation.

Under the terms of the Scheme a right to rent in the UK is derived through being present lawfully in accordance with immigration laws. Now, for the first time, landlords who breach section 22 of the 2014 Act may be liable for a civil penalty up to £3,000.00 per illegal immigrant

In the event that a residential landlord employ the services of an agent to act for them and that agent has taken on the responsibility for compliance with the scheme, then any liability for failing to comply with the Scheme will rest with them.

Residential landlords and their agents should plan for imposing pre-letting checks into the immigration status of all proposed residential occupiers, regardless of whether or not they are named in any tenancy agreement or letting document. Should the potential occupiers be unable to produce the necessary documentary evidence to show that they are lawfully present in accordance with immigration laws it goes without saying that the potential landlord or their agent should not rent to them.

If the tenant only has a time limited right to rent then it is important to note that further checks will have to be carried out either every 12 months or when the occupier’s limited right to rent expires.

The prohibition only applies to ‘residential tenancy agreements’, defined as a letting arrangement where:-• Rent is payable;• The property is occupied as a person’s main or only home; and• The arrangement is not excluded under Schedule 3 of the 2014 Act.

By definition the checks required under the Scheme apply to all types of residential letting including, assured shorthold tenancies, leases, licences and sub-tenancies.

What is ‘a person’s main or only home’ is defined within the Code of Guidance as:-• it is the only property they live in, or • if they live between multiple properties, their personal, legal or family ties to that property are such that it is where they live their settled day to day life in the UK.

Specifically excluded from the Scheme are:-• Local Authority accommodation provided under a statutory power (Part VII Housing Act 1985);• Care homes, hospitals and hospices and continuing healthcare provision;• Hostels and refuges;• Mobile homes;• Tied accommodation;• Student accommodation;• Long leases.

As for who needs to comply the definition of ‘landlord’ has been kept deliberately wide to include ‘person(s) who authorises the occupation of accommodation by the occupier in return for the payment of rent’. So when it comes to drawing up a list of who needs to comply with the terms of the Scheme, arguably, such a list should include:-

• Landlords of rented, residential accommodation (sublets, sharing arrangements and serviced accommodation);• Hotel owners;• Guest houses;• Bed and breakfast accommodation; and• Letting agents, managing agents and those who agree to carry out the checks on the behalf of a landlord.

The Code of Guidance sets out how the pre-letting checks should be carried out and, importantly, provides a list of the documents that are deemed acceptable in order to establish a right to rent in the UK.

The Scheme will come into effect as of 1st December 2014 in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. It goes without saying, residential landlords and their agents in these areas and further afield are familiar with the workings of the Scheme and put in place a robust pre-letting procedure in order to avoid any potential breach.

Jonathon Rushton,

36 Bedford Row

Landlord and Tenant – Illegal immigrants in the private rented sector


THE majority of Britons have not written a will according to research out today from the Law Society.

The representative body for solicitors has now warned that the consequences of dying without a valid will can be dire for those left behind.

The research revealed that 73 per cent of 16-54 year olds don’t have a will, while 64 per cent of people over the age of 55 have made their final wishes clear in a will. The research also found that men are more likely to have a will and keep it updated than women.

‘£8m went to the government because people had not written a will’

Last year, £8m went to the government because people died intestate.

Twenty-three per cent of respondents wrongly believed that without a will, their possessions would automatically go to their family.

It is estimated that by 2018 the government will receive nearly £6bn from inheritance tax. But by careful planning, such as leaving money to charity, those with a will can substantially reduce the amount of inheritance tax that becomes liable or even alleviate it all together. Inheritance tax can be a lot higher without a will.

Law Society president Andrew Caplen said the figures are extremely concerning:

‘Thousands of people die every year without making a will or without a properly drafted will. These figures show just how bad the problem is.

‘Dying intestate not only means your final wishes will probably go unheeded, but the financial and emotional mess is left for your loved ones to sort out. This need not be your final legacy.

‘Making a will is usually a very simple process but we urge people to use a qualified, insured solicitor because he or she will be able to spot the nuances that could lead to trouble later on if not properly addressed.’

In a separate recent survey conducted by YouGov, 71 per cent of people said that they would be more likely to use a WIQS-accredited law firm. The Law Society’ Wills and Inheritance Quality Scheme provides a best practice quality mark for wills and estate administration advice that consumers can trust.

The biggest motivators for people writing a will are seeing the negative implications of not having one, and ‘feeling old enough’. Nearly half (47.2 per cent) of people draw up a will for one for one of these two reasons.

‘I wrote a will after nearly dying in a hotel swimming pool’

One respondent said nearly dying in a holiday swimming pool compelled them to write their will, while another said they didn’t want their estranged wife to inherit anything. A high number of respondents said they had a will drafted following a divorce.

The biggest reason people do not have a will is because they do not believe they have anything worth leaving (34 per cent).

Regionally, the highest rate of people with a will is in the South East of England (46.9 per cent), whilst nearly 6 out of 10 people in Wales don’t have a will.

Law Society research: millions of Britons have no will

Professional communications for professionalswww.epc.gb.com

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We supply a wide range of Psychology services including:• Therapy for general Mental Health issues from depression to Sex Offender Treatment to Personality Disorders by experienced Clinical Psychologists• Personal Growth issues including Stress Management, Anger Management and Assertiveness Training• Forensic reports for use in the court system including Child Risk and Offender Risk Reports, Pre-sentence Reports, Life Review Panels and Parole Panel Reports• Contracting psychology staff to Local Authorities, the National Health Service and the Prison Service.

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THE Expert Witness Institute (EWI) returned for its 14th year to the excellent facilities of the Church House Conference

Centre next to Westminster Abbey on 25th September 2014. Well over 150 experts and members of the legal community participated in a day full of legal updates, expert training and practical information, workshops and question and answer sessions.

It will come as no surprise to read that this year’s Conference was another excellent event which surpassed all my expectations for its content, clarity and the overall pleasantness of the experience. It is nice to attend an event which people clearly like coming to without feeling they are pressed into it!

The Conference, chaired again so well by Amanda Stevens, reviewed recent legislative changes (the Jackson reforms and LASPO to name a couple) and to anticipate how these issues will shape the legal landscape with the inevitable effect on the role of experts for the future.

The main aspect of the EWI Conference which I believe is its greatest selling point is the great practical benefit it gives to the attendees that I spoke to throughout the day. The detail contained in each of the sessions and the contributions from the attendees made the day well worthwhile and, as is often the case, it is extremely difficult to select the important high points so I will settle for the main guest presenters again although I have no wish to denigrate or limit the tremendous value of all those who participated.

Lord Daniel Brennan QCDan Brennan probably needs no introduction to most of the audience although younger lawyers will probably remember the name from his time as Chairman of the Bar Council at the beginning of the century. He came to the Conference with a series of important points and some proposals which are much in keeping with our current legal concerns. It was a vintage sparkling talk, both penetrating and thought provoking, with all the usual policy ‘suspects’ present including the continuing debate on future legal aid funding.

Brennan’s short survey of DNA evidence and the implications on liability issues for experts were useful areas to begin his main theme which I took to be fairly substantial proposals for the future on training. Such proposals can be summarized simply as the need for law firms to achieve a greater understanding of the economics of the law and the need for training by both legal professionals and experts and he welcomed the developing role of the Judicial College.

The Panel Session - A View from the BenchThe next session deserves some comment for its high content and thought alone. It was chaired by Michael Napier in conversation with Mr Justice Ramsey and Mr Justice Coulson and the questions and answers were what I believe many attendees found of great value (as long as some of them did not have to raise them themselves!).

Address by Sir Anthony HooperAnother highlight for me was the excellent contribution from Sir Anthony Hooper who reprised his role from 2013 and built upon the themes of where the EWI is going as chairman. Institute members will be very familiar with Hooper’s position on most issues from his columns in the journal so I don’t intend to repeat what he said but merely to compliment him on the sage direction in which he is taking the EWI as change is clearly on the way in the longer term.

Professor Adrian ZuckermanIt is always a pleasure to hear from Lord Zuckerman and he did not disappoint. I was fortunate enough to corner him beforehand during the coffee break in an attempt to ascertain the strength of his views on maintenance of the accusatorial system of justice which we continue to enjoy in England and Wales. His spot centered on “comparative perspectives of civil procedure” and set the afternoon off to a good start after a splendid lunch. My main concern with this highly erudite academic lies with his obstinacy over any change towards an inquisitorial system but he did explain his stance to me, and to the audience.

Zuckerman made the strong point that virtually no jurisdiction in the world would abandon the accusatorial system pitting Counsel against Counsel to arrive at a decision. He did give way a bit on the new model for the Family courts, admitting to me that there are circumstances where ‘an informed preliminary view’ from the judge may set the parties on the right track towards a judgment by consent but it looks as though much of Zuckerman’s theses, especially in the notes attached to his presentation, remain the current orthodox position on retention of the accusatorial process. And of course he did contribute to both Woolf and Jackson, being influential in shaping the judicial approach to some key issues, so his views remain of the highest quality.

The Later AfternoonThe final sessions which I am not dwelling on so much this time were all of a very high quality and covered much of the day-to-day concerned which experts face, including “Getting Paid Post Jackson” (always of interest to all!) with EWI Governor, Kay Linnell, John mead and Steven Green. Mediation also showed up- probably more of a statutory requirement these days unfortunately- with presentation by Frances McCarthy and Tim Wallis, sub titled ‘another string to your bow’ for that is really what mediation is to the professional.

AfterwordI did not attend the dinner but I understand that it, like the Conference was another great success and both the enthusiasm, good humour and sense permeated the entire day.

This is the second year I have attended the EWI and I found as in 2013 that many issues still remain to be decided as to the direction in which the Institute will go. One thing is sure: it is a Conference not to be missed by anyone who has any requirement to use or be involved with experts.

The Expert Witness Institute Conference 25.9.14

“Expert Witnesses - Fit For Purpose”... ... Yes - They are!

An article by Phillip Taylor MBE, Richmond Green Chambers


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

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

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

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

fixed fee, nursing reports

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

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

service to lawyers on all aspects of expert witness reporting.

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

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

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

Our experts prepare reports in the following areas:

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Roythornes solicitors expands its use of QlikView to further enhance business discovery across the firm

Expert in all Ophthalmic Disciplines with a strong General Ophthalmology background. Special interest in Laser Eye Surgery and Anterior Segment Surgery. Extensive Medico-legal training undertaken.

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TOp 200 law firm Roythornes is increasing its use of QlikView to fulfil a wider-variety of requirements including complex client

reporting and automated delivery of financial and statistical analysis using QlikView dashboards for finance, business development and risk management. Roythornes has been a customer of Qlik Certified Partner Solution Provider Informance since 2012 and during this time the firm has used QlikView to improve its business agility by giving decision makers fast access to vital information in a format that they are comfortable with.

Jonathan Swan, operations & IT director for Roythornes says: “QlikView has dramatically improved the quality of our management information and has made us much more proactive in the monitoring of our performance, so it was a natural progression for us to expand QlikView into other areas of our business. He continues: “As Informance has substantial QlikView product knowledge and an expert grasp of the legal industry we were more than happy to work with them again on these new projects.”

Since 2013 Roythornes has been using QlikView for analysis of financial key performance indicators across its property, litigation, commercial, private client and personal injury business functions and QlikView has helped the firm improve the accuracy and delivery of its financial information. The financial dashboards monitor performance in areas such as financial management trends, work-type analysis, revenue, work-in-progress, outstanding debt, productivity, utilisation, realisation and cash collection. Jonathan says: “QlikView has enabled us to proactively communicate with real impact accurate financial metrics and trends to the appropriate points of action in a timely manner and most appropriate format. Following the success of our initial financial dashboards we have since extended the use of QlikView to fulfil a wider-variety of requirements including complex client reporting and automated delivery of financial and statistical analysis”.

Roythornes also wanted to expand QlikView’s reach using automated report distribution so installed the Informance report distributor to deliver quick financial information, such as performance trends, to users with in-built exception reporting so that they are only presented with the information they need to know. Jonathan says: “The Informance report distributor has enabled us to push the right business information to the right people which has helped us introduce rules based ‘push’ features within QlikView which stimulates demand ‘pull’ from users of the system”.

Roythornes is also extending QlikView to enhance data discovery around business development and client care which includes analysing data from areas such as sources of business, cross referrals and net-promoter scores. Business information delivered by QlikView provides the metrics used to inform the overarching performance review process to visualise and recognise the value of non-financial metrics. Jonathan says: “Before QlikView, analysis of sources of business, the value of cross-referrals and client feedback were ad-hoc processes. Now the information is instantly available and we are able to drill-down from the headlines into the most granular level of detail and even into the source application from QlikView with speed and ease”.

As a Lexcel accredited firm, Roythornes is developing a QlikView risk management dashboard to visualise and alert users about potential risk scenarios with information on client risk profiles, matters, work types and fee-earners. Jonathan says: “Based on configurable and weighted risk factors we can now automate the reporting of risk profiles and use the information to improve our overall risk management. He continues: “QlikView is also being developed to make the selection of files for review more targeted in order to help further improve risk management throughout the firm”.

Roythornes is also planning to further extend the use of QlikView to customer relationship management and business development to visualise client growth, client retention, profitability and cross-selling opportunities. Jonathan says: “Our QlikView application from Informance has surpassed my expectations and it has helped transform the way we produce and consume management information. With this great product and an established skill set we have an exciting roadmap ahead and we look forward to leveraging even more value from QlikView in the future”.

About Roythornes Roythornes Limited is a commercial practice with a strong focus on agriculture and rural estates, the food sector and commercial property. As a top 200 law firm, it has 150 staff and is one of the largest firms in the East of England, acting for clients across the country from four offices in Spalding, Peterborough, Nottingham and Newmarket.

About InformanceInformance is a Qlik Certified Partner Solution Provider who focusses solely on the QlikView Business Discovery platform. It has a high level of knowledge within the legal services industry and is one of the most experienced QlikView application providers to law firms having delivered over 60 successful QlikView implementations.


1. Does the expert spend all his time as an expert witness?If so, proceed with caution. A medical person who retires and

seeks to supplement their pension with expert witness assignments may very quickly fall out of date; other specialisms similarly may need someone who actually does the job as well as propounding about it. Interestingly, accountants tend not to fall into this trap. I for example have been a full-time expert in litigation for over 25 years, plus acting as a mediator and expert determiner. And I know many accountancy colleagues who similarly do nothing else. We keep up to date with training, and seeing the problems caused by incompetent accountants. See also 5 below.

2. The expert requires an advance retainer far in excess of the initial work needed

I find it quite arrogant of any expert to require a substantial first payment. Clients don’t sign blank cheques any more, if they ever did. Far better is the method I use: an initial review of any case, without obligation to instruct me, and with no charge at all if the matter does not proceed. Thus the instructing solicitor has no commitment to me, and has incurred no fees with me, until I have seen the key documents, provided a typed initial review of the case, and said how much a report is likely to cost. That is good business for me, since in the vast bulk of cases my initial report shows that I understand the issues, and leads to confirmed instructions. And on the rare occasions where I am not instructed, I don’t even sulk!

3. Avoid the specialist who is difficult to reachIf the specialist doesn’t return calls or emails, or if a secretary

is protecting him from interruptions, or if you need to give 72 hours’ notice for a telecon, find someone else! Litigation can be fast-moving as we all know, with tight deadlines. What if a Part 36 offer is about to expire, and you need your accountant expert to tell you if he thinks it is reasonable or not? I work alone, I answer the phone, and you will get an answer from me within a few hours at the most. Of course, if I’m in court or doing a mediation it may be later in the day; but I appreciate the need for rapid access, and respect it.

4. How will your expert look to the judge?First impressions, in any situation, are vital. An expert who turns

up for a conference with counsel in jeans and a dirty sweater, or even just without a tie, may think this is acceptable in a courtroom. It isn’t.

Similarly, think carefully about whether the expert appreciates that their function is to assist the court on matters within their expertise – that is, to explain complex matters in a way intelligible to the informed layman, the judge or jury – or whether they consider that their function is to maintain the mystique of their profession. At client meetings or in conference, can you understand what the expert is talking about? If not, this isn’t the expert for you.

5. Does the expert have courtroom experience?(See also 1 above).

When I first starting acting as an expert, many years ago, I often found myself ranged against an accountancy expert on the other side who didn’t have the first idea about what became CPR 35, FPR 25 or CrPR 33. They thought that their function was for their side to win at all costs, with their

help. I feared that such dabblers could spoil the reputation of my cherished profession. I joined the committee of the ICAEW Forensic Group, and we worked for years to devise an accreditation scheme for forensic accountants and expert witnesses. I was in the first group to become accredited, and there are still fewer than 100 out of the 140,000 chartered accountants who have gained this kite mark – it’s stiff! So if you want a chartered accountant who knows what he is doing in this second profession of being an accomplished expert witness, this is the snappy address to put in your browser: https://apps.icaew.com/index.cfm/route/170505/icaew_ga/en/Qualifications/Specialist_qualifications_and_programmes/Forensic_Accountant_and_Expert_Witness_Accreditation/Register_of_forensic_specialists/Forensic_register! Or just Google ICAEW forensic accountant and look for Register.

6. Look at the expert witness’s advertsIf there is any suggestion in the wording of helping you to

win cases, or even of “gun for hire”, beware! I remember an orthopaedic surgeon who regularly lectured with a skeleton, and convinced defence solicitors and insurers that whiplash did not exist. Unsurprisingly, he acted only for defendants and he was very busy. But of course he became tainted, and such experts now have no place in the courtroom. Look for an expert who acts in broadly equal measure for claimants and defendants or, increasingly in family matters, as an SJE.

And look for an expert who can take the balanced view. I for instance act as a mediator and as an expert determiner. I can usually pinpoint the strengths and weaknesses of a case, which puts me in a good position to discuss with you whether to run the case, or how to settle on best terms.

7. Does this expert act only for claimants or for defendants?See 6 above – not sensible.Also, see what the expert has added to the literature. Have they,

for example, taken a strong line in an article published in the legal press, yet be attempting to take the opposite line on your case with similar facts? This could be very embarrassing when the expert comes to be cross-examined. Do your research now, and avoid such problems. Google the expert’s name, and see what they have put on their website. I, for example, have a series of blogs and a long section on the sorts of cases on which I have worked – for both sides.

8. Check the expert’s disciplinary record and any reported casesThis can be another trap in cross-examination.

If the expert has been found wanting by his peers, avoid him. And if he has been criticised by a judge, a fortiori! One of my tasks is to sit on the Investigation Committee at The Academy of Experts. In a recent case, a judge had severely criticised an expert, so that matter came to us. There were two sides to the case, and of course the expert has no right of reply to a judge’s criticism, but it is on record. We advised the expert that he must tell all solicitors who now approach him that he has been criticised by a judge, but that he has undertaken additional training so that this doesn’t happen again. Maybe he will not receive the same number of instructions, but far better that, than that the case collapses when he is cross-examined by the opposing side who have done the homework which you should have done when choosing your expert.

Ten Warning SignsDoN’t aPPoiNt tHese exPerts!Where you the lawyer have sweated blood on an important case, you don’t want an ill-chosen expert to spoil all your good work. As an experienced expert witness in a vast range of commercial, family and criminal cases, I offer this checklist of the experts to avoid.


9. The expert changes his mind between initial opinion and testimony

This can be very nasty. Limit this risk by giving your expert full information at the earliest opportunity. And if he still lets you down, use others in future.

10. Match your expert’s speciality or sub-speciality with his opponent’s

An important stage in civil litigation is the joint meeting of experts, and I prepare for such meetings just as carefully as for a trial. But if the opposing experts are from different professions, or have specialised differently, that can be a great waste of time.

For example, whilst I profess expertise on many aspects of accountancy and on business generally, I have not been a registered auditor for many years. So there is no point in asking me to apply the Bolam test in an auditor’s negligence case; and I would tell you so as soon as you approached me. There are so many sub-specialisms in many professions that it is essential to choose the right one – no point in choosing an expert in the follicles of the left nostril if the case is about the right nostril! So think very carefully about what are the areas of your case needing expert opinion, and make sure you get the right expert for the job.

I hope this helps. And good luck in your future cases.

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

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

Contact: Nikki Richmond, Suite 5, Wilmslow House, Grove Way, Water Lane, Wilmslow, Cheshire SK9 5AG

Tel: 01625 523355, Mob: 07885913912Email: [email protected]: www.expertpainreports.co.uk

Dr Adedokun has extensive clinical experience in the management of various chronic pain syndromes including Complex Regional Pain Syndrome, persistent neck, back or neuropathic pain especially following Personal and Occupational injuries, with experience in Clinical Negligence claims.

Dr Adedokun accepts instructions from Claimants, Defendants and as a Single Joint Expert. Appointments are arranged within 2-4 weeks and reports in another 3-6 weeks. Consultation in Manchester, Liverpool, Leeds, Birmingham and London.

Other locations and Domiciliary visits by arrangement.

Dr Joshua AdedokunConsultant in Pain Medicine

FCARCSI, FRCA, FFPMRCA

NEW OFFICES OPENING IN SHREWSBURY

DURING Many family law, inheritance and social services

cases are now being resolved satisfactorily by use of DNA

technology. The majority of cases requiring a DNA test are for

paternity. The DNA is obtained through buccal samples taken in a

painless, non-invasive procedure. A DNA test report will confirm

that the tested man is (with a certainty in excess of 99.999%) or is

not the biological father of the tested child (with 100% certainty).

The Ministry of Justice provides a list of companies it has

accredited for section 20 paternity testing, by virtue of running

laboratory services which meet the stringent ISO/IEC 17025

standard. Complement Genomics Ltd t/a dadcheck® remains one

of the few companies within the UK that are accredited by the

Ministry of Justice as being able to carry out s20 tests (Family Law

Reform Act 1969). We operate from our own UK-based laboratories

and continue to meet the requirements of this internationally

recognised quality standard. If you intend to order a DNA test then

it is strongly recommended that you choose an accredited supplier,

such as dadcheck®, from this list*.

Staff at our http://www.dadcheckgold.com service will be

pleased to guide you through all procedures, including sample

collection. The dadcheck®gold website contains several useful

items of information for any professionals wishing to order a DNA

test and how we liaise with the LAA. You can request a formal

quotation by completing one of our user-friendly forms on the

dadcheck®gold website.

Please note a key issue for DNA testing is that we must have

“appropriate and qualifying” consent for each sample to be tested.

Activities in this regard are regulated in the UK by the Human

Tissue Act, 2004. Consent is required from each adult party to be

tested, and for any child under 16, we must also have consent from

a person with parental responsibility for that child.

DNA technology can also be useful for deciphering other biological

relationships, e.g. in cases where the parents are not available, we

can establish a presumed parentage via use of grandparents or

uncles/aunts. The use of DNA profiling is now embedded as a key

tool for the legal profession and new applications of this technology

are likely to support your activities for several years to come.

If indeed you have any case-work which might benefit from DNA

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


DNA testing with dadcheckgold.com

CLOUD computing is simply outsourcing the hosting of your

accounts, case and practice management software along with the other key integrated third-party software products, such as Microsoft Office and Exchange. The software functionality is exactly the same whether you have an on-site solution or you use the cloud.

As cloud computing picks up momentum globally across all industries, not just in the legal profession, hype is rife, scaremongering is plentiful and debate is healthy. For some law firms it appears that the cloud offers a very attractive silver lining, whilst for others an on-site infrastructure may fit their needs better. The fact of the matter is – this is a personal decision for every law firm. Is Your Internet Connection Up To The Job?

Most law firms today rely on the Internet to gather information, but when it comes to hosting your entire business systems in the cloud it is a very different ball game. A move to the cloud means your internet connection becomes your most important business utility, and must be measured in terms of its capacity to meet the demands of your firm. Backing Up Your Data

Backing up your firm’s data is a huge responsibility. Some law firms feel more in control if they are in charge of backing up and checking their own data. Others will feel happier delegating back up procedures to a trusted technology partner. Most cloud providers include backing up any data stored to a secure location. Cost Considerations & Protecting Existing Investments

Servers are expensive to replace, in terms of capital outlay, and require regular maintenance to make sure they perform at an optimum level. However, if your servers are approaching end of life you might want to consider a cloud solution.

With a cloud solution, it is normally only the servers that will be based elsewhere and you will access them over a secure internet connection. With an on-site solution, to run the latest versions of software, you may need to factor in an upgrade of your PCs to support the use of software such as Microsoft Office etc. With the cloud however, you don’t need to worry about this, because none of this software is ever installed onto your computers. Your PCs will simply be used to connect, nothing more. For this reason, the cloud is proving increasingly popular with many law firms because they can run their businesses with cutting edge software even when their PCs have seen better days, and without large capital investments. Security

Whenever those involved in legal activities consider cloud computing of any sort, the issue of security requires careful consideration. Like everyone else, the requirements of the Data Protection Act 1984 (DPA) have to be met, and the consequences of not doing so have now been visited upon enough organisations for there to be no doubt that the Information Commissioner’s Office (ICO) expect a high

standard of care. The solicitors Regulation Authority (SRA), of course, also require that client information is kept confidential. The situation as regards the use of cloud solutions must be considered in the same way as any … what is the risk, and is that level of risk appropriate to the sensitivity of the information?

The risks (and benefits) of cloud

computing are different from those associated with totally on-site solutions, but they aren’t necessarily greater. Reputable cloud providers can use their enterprise-scale funding and capabilities to do things that a smaller organisation could never do. Physical security in a datacentre is likely to be far better than that in a high-street legal firm, and the risk of service disruption due to equipment failure or malware (virus) attack substantially reduced. A good cloud provider will be able to reassure users about equipment monitoring, security provisions and fail-over business continuity solutions.

Where is your data going and who can see it?

Cloud providers are, however, by their very nature remote, and it is important to know where your data is and is not going. The DPA requires data to be held securely, and the ICO lists where protection is not deemed to be adequate, including the US unless ‘safe harbour’ provisions can be met. The EU has recently ‘approved’ Microsoft’s enterprise software which is a mark of the level of maturity which is now evident in cloud provision and the associated model agreements. Most UK legal organisations will want the reassurance of data remaining in the EU, or associated approved locations, and should ensure that contractual agreements guarantee this.

Data also has to move to and from your users to the cloud provider, and when in transit data should be encrypted to prevent unintended access. This is normally achieved through Transport Layer Security (TLS) or its predecessor, Secure Sockets Layer (SSL) and is transparent to users. Particularly sensitive data may require a greater degree of protection, remaining encrypted from the moment it leaves a user’s device until retrieved and viewed by the same or another authorised user.

Following recent exposures of the American security services, national police and security services have the opportunity to access private data, in the UK as in the US. The ability to protect citizens from crime and especially terrorism is something citizens expect from governments. Provided this is properly regulated – and the regulations are followed – it is appropriate and proper. It remains to be seen how the recent revelations from the US affect the attitude of UK enterprises to cloud providers in the US; it may well be that the preference for EU-based data centres continues. This will not protect data from legitimate access demands from law enforcement agencies, but should ensure adequate safeguards for the proper application of regulation and process.

Your people & their skills

If you would rather concentrate on practising law and spend your wage bill on people with legal skills rather than IT skills, outsourcing your IT to a trusted

cloud technology partner could be a cost effective option for you.

However, it is worth noting that you

will still need technical support for the day to day hardware at your premises – your PCs, printers, scanners etc. The calibre of IT people needed to support system servers is much higher in terms of experience than for those simply supporting your end users with their everyday PCs and printers etc. Other Key Software ProductsWith a cloud option, for a monthly fee

you can expect to get a full suite of practice management software as well as fully integrated Microsoft Office and Exchange products – all hosted in the cloud. With an on-site option – the firm itself owns the software licences and with this comes the responsibility to track them to stay legal and upgrade them, which in some cases can mean a significant investment. Disaster Recovery

When disaster strikes you have to be prepared for every eventuality and this is no different whether you are in the cloud or on-site. You need a solid disaster recovery plan either way. The only difference is where the responsibility lies in getting you up and running again as quickly as possible.

MobilityDon’t let your need to work remotely

colour your decision when you are choosing between cloud and on-site. It is available either way. For high levels of mobility with your on-site infrastructure, there is much that can be done, but it is worth bearing in mind that without the right levels of knowhow you can easily create potential security breaches or invalidate your insurance cover. Hybrid Options

Some firms choose to have a hybrid set up with some elements of their technology hosted on-site whilst other elements are outsourced to a cloud provider. Others have a backup of their data held in the cloud, as a disaster recovery option. You may wish to migrate over to cloud computing gradually and, if so, starting in this way could be a sensible option.

The consensus of opinion, for the legal profession is that cloud will overtake on-site in the next 10 to15 years. There is no doubt that a move from server based applications to cloud computing is providing law firms with flexibility, agility and convenience in an increasingly mobile world, making cloud computing more and more appealing to large and small firms alike.

Is the cloud pie in the sky?


Steve Dixon of Select Legal Systems and Glyn Morris of Advanced Legal, both members of the Legal Software Suppliers Association, discuss the merits of a cloud computing solution as opposed to an on-site solution for software for legal practices.

A


IN a survey by the Legal Software Suppliers Association (LSSA) 236 out of 237 senior representatives of over 200 law firms said

they were opposed to the Law Society’s proposal to have one (or a very small number of) preferred supplier/s of case and practice management software to the legal profession.

Early in 2014 the Law Society began a tendering process to

endorse one preferred supplier of case and practice management software. The LSSA immediately privately then publicly registered its opposition to this, the reasons for which are detailed in the Open Letter of 10th April 2014 (see Appendix 3 below). Several times the LSSA requested meetings with the Law Society to discuss this issue but was not successful in obtaining a meeting. It has subsequently transpired that the Law Society is now looking to appoint more than one preferred supplier, but the legal profession is virtually unanimous in its opposition to this process.

Chief Executive of the LSSA, Roger Hancock comments: “Diverse

Case and Practice Management solutions reflect the requirements of the legal profession from the smallest to the largest, the specialist niche firms as well as those in general practice. The Law Society should take note of its membership’s views regarding a

preferred supplier of case and practice management software. The profession does not want this, and considers it totally impractical for a variety of reasons. We call upon the Law Society to abandon this scheme that the industry is so against.”

Attached to this press release are several comments from survey

respondents, further comments are available to view. One example is: “Case management software and packages vary vastly in terms of price and relevance to a practice. Firms should be given the option to choose one that is relevant to and affordable by them. One size does not necessarily fit all.”

When asked to comment on the LSSA’s survey findings the Law

Society press office made no comment.


99% of law firms surveyed disagree with The Law Society’s view of endorsing only one or two case + practice management software suppliers

Law Firms strongly against Law Society Case + Practice Management proposal

About the Legal Software Suppliers Association (LSSA)

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

A review by Phillip taylor MBe of Richmond Green Chambers

LET’S start with the venue! A different one and very pleasant this year! The

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

With any Conference review, it’s a matter of selection from the vast collection of different things happening so I am going to pick highlights. From the ‘early bird’ session, I was particularly impressed by HHJ Laura Harris who mentioned the introduction of a Mackenzie friend form to be completed in some county courts- I hope this policy is extended. Such a

snippet of information was one of many which make the day particularly useful, especially in those practice areas which currently experience particular sensitive issues such as the increase in the number of litigants in person.

The Conference was opened admirably by Richard Atkins QC who set the tone for the day highlighting individual sessions. The theme was ‘celebrating excellence’ and who better to do so than our Bar Council chairman for this year, Nicholas Lavender QC. It was very much the sort of speech we wanted to hear because of what he covered. Readers of ‘Counsel’ can see a potted version of the 9 page speech (also on the web) but his theme was the Bar as it is today.

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

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

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

I remember this from some marshalling during pupillage when I realised, sitting with the judges that they will do their own homework about who appears in front of them. So what happens in the robing room is probably well-mirrored in the retiring room: a point which we would all do well to remember. One point I did like was

The Annual Bar Conference 2014Celebrating Excellence... and they certainly did!

Continues over page

The Annual Bar Conference 2014 (continued)


AreAs of PrActice

• Commercial and General Civil Law and Litigation

• Landlord and Tenant Law (business and private sector)

• Housing Law

• Property Law

• Planning Law

• Building Law

• Trusts, Estates and Probate cases

• Probate actions (actions involving trusts, wills, and estates)

• Inheritance Act claims

• High Value ancillary relief cases

• Professional Negligence in the above areas

• Injunctions and applications to discharge injunctions

coNtActtel: 01562 851350Mobile: 07941 837001fax: 01562 852547DX: 721540 Kidderminster 5email: [email protected]@stenhouse-law.co.uk

John stenhouse is a barrister who has been in practice since 1986. The areas of law in which he practices are

listed below. He accepts instructions from solicitors and also from the public and professionals under Direct Access (the Direct Public Access scheme operated by the Bar of england and Wales) and Licensed Access. He deals with private fee paying cases, as well as cfA cases (No Win No fee) and Legal Aid (Public funding) cases.

John works mainly on the Midland and Oxford Circuit (basically covering the Midlands area of England) but is happy to go wherever his cases take him. He regularly

deals with cases in courts located in Birmingham, Wolverhampton, Shrewsbury, Worcester, Hereford, Telford, Walsall, Dudley, Stourbridge, Kidderminster, Warwick, Oxford, Redditch, Bromsgrove, Coventry, Stoke on Trent, Stafford, Leicester, Northampton and London.

John has also dealt with cases in Bristol, Cardiff, Liverpool, Newcastle upon Tyne, and Manchester.

Nightingale Chambers John Stenhouse LLB (Hons) Barrister

(Direct Public Access)

www.nightingalechambers.co.uk

the possibility that a judge will form a preliminary view (as so often happens) then we come along and change it!

Those Break Out Sessions

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

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

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

friendly and helpful.

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

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

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

Pears 14

Documents

Transcript of Pears 14