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New era dawns...The Norfolk and Norwich Law Society are delighted to welcome Christopher Cubitt, HatchBrenner to the position of President and James Hunter, Mills & Reeve as this year’s Vice.The Committee would like to take this opportunity to thank Jeanette Wheeler for herdedication, achievements and many improvements to the society during her time in thePresident’s seat. Jeanette will be staying on the committee in the position of ImmediatePast President and will continue to assist in the society’s progress.

Meet your new President and newly elected committee members on pages 3 and 4.

Norfolk LawMagazine of the Norfolk & Norwich Law Society - www.nnls.org - Winter 2014

page 6

AGM Results

page 7

Lawyers @ The Red Lion

page 8 - 12

CPD Reviews

page 13

Countdown to Countdown 2014

page 14-15

Member News

Membership 4 Committee

President’s Report 5 Christopher Cubitt

Event Reviews 6 All change at the AGM

7 Pizza night at the Red Lion

8 CPD Reviews - Clients without Capacity

9 CPD Reviews - Top Ten Conveyancing Claims

10 CPD Reviews - Inside a Mediation

11 Advertorial - Food, Glorious Food!

12 CPD Reviews - Negotiation Workshop

Features 13 Countdown to Countdown 2014

Members News 14 Member’s News Roundup

16 Norwich & Norfolk JLD

Articles 18 DNA testing with dadcheckgold.com

20 Caring for Older People in the Coming Decades

22 Geodesys

24 Fraser & Fraser

26 The SBA

28 Is the cloud pie in the sky? 30 Roythornes and QlikView

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MarketingRichard Castell

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Media No.1146

PublishedNovember2014© East Park Communications Ltd.

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.

Norfolk Law - Contents - 3

Welcome to the Autumn/Winter edition of Norfolk Law magazine. It has been a busy few months with many CPD presentations and social gatherings. As we go to print the committee are busy rehearsing for this year’s Norfolk Lawyers Do Countdown and we look forward to announcing the 2014 Countdown Champions shortly.

In the meantime, you can catch up with our recent activities inside...

This issue...

DisclaimerNorfolk Law is published for the Norfolk & Norwich Law Society by east Park Communications. All rights reserved. Reproduction without consent is prohibited. Any comments or views expressed in any article are not necessarily those of the Society or Publisher. All times, prices and event details were correct at time of publication.

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We specialise in preparing court of protection and other civil bills. form h cost budgets also prepared.

4 - Norfolk Law - Membership

Norfolk Law - President’s Report - 5

President’s ReportI am very pleased to be writing my first President’s report. The diary has been pretty busy already but the highlight must be the ‘Opening of the Legal Year’ service at Westminster Abbey on 1 October.

The service was very impressive and I cannot really do it justice (no pun intended) but to help set the tone I quote the opening and closing paragraphs of the breakfast speech made by

Andrew Caplan, national Law Society President, ahead of the service:

“the ceremony that we will be attending this morning is a tradition stretching back hundreds of years. Judges traditionally attended Westminster abbey, our national church, to pray for guidance in their deliberations and judgements… …the legal profession has always been about serving law and justice. i very much hope that today’s service, for all its outward show of pomp and ceremony, will also give us an opportunity to inwardly reflect upon the absolutely vital nature of what we do.” The Society held its first full committee meeting since the AGM on 15 October 2014 and we already have what looks to be an very exciting year ahead. That is in no small part down to the hard work of the Immediate Past President, Jeannette

Wheeler, for which I am most grateful. The re-vamped seminar programme continues, as the usual CPD October rush subsides, with new events being added to the programme throughout the year ahead. Please keep an eye out on the website and in the footer of NNLS emails - and book early! As well as proactively seeking particular training we are receiving many of offers to come and present to our members. As the choice of training starts to increase we expect to be able to consult more about what training you want to see on the agenda.

The social side of the Society is active. The “Drinks and Pizza” evening at the Red Lion on Thursday 18 September went down well and I am also very much looking forward to being the Queen of Dictionary Corner at the second annual ‘Norfolk Lawyers do Countdown’ on 13 November 2014. Please see the website (www.nnls.org) for further information - and further events as the year progresses. We have a number of new initiatives for the 2014/2015 legal year, centred on the theme of raising the profile of the legal profession in Norfolk and I look forward to being able to provide further details in due course. Christopher Cubitt, President NNLS

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6 - Norfolk Law - Event Review

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Norfolk Law - Event Review - 7

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Norfolk Law - Event Review - 9

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Norfolk Law - Advertorial - 11

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Norfolk Law - Event Preview - 13


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Norfolk Law - Articles - 15

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18 - Norfolk Law - Articles

DNA testing with dadcheckgold.comDuring 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 technology then the dadcheck®gold service would be pleased to provide you with a formal quotation for any biological relationship testing requirements. Please note that there are new dadcheck®gold telephone numbers (0191 543 6334 and 0203 603 1323; fax 0871 231 1282). We would be grateful if you could update your records accordingly.

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

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Caring for Older People in the Coming Decades

The UK Minister for Care has said that with an ever increasing number of older people requiring care in the next decades and beyond, families and volunteers will be needed and should be encouraged to help care.

Family care is given by people in the main whose sole experience is that they have brought up a family, cared for a family member or friend and have learnt as they have gone along their care path.

When special skills were needed these have been taught by the local surgery or by another professional that has been accessed by the same surgery. Very little certification changes hands!

Having been in the UK care sector for over thirty years I have seen these, usually mature, male and female carers rejected as suitable to care for a person unknown to them. In other words they were and are considered good enough to care for their family and friends but not other people.

Take a look at Google and look for training companies who will train ‘carers’, look for the courses available, there are hundreds and whilst I am not advocating that untrained carers should look after people with high dependency care needs, does a mature person really need to be inducted and ‘trained’ for low level, mainly domestic, preventative care?

What happens when a person begins to become physically frail through old age? The first sign is often that the domestic work around the home gets neglected. The fridge has old food, beds are not changed, preparing meals becomes a chore, hygiene may become neglected, etc. The older person becomes anxious, tries to hide their problems, becomes physically less able, may fall and the path can lead to a crisis situation. The loneliness factor if present makes the situation worse.

Low level care, which has almost become obsolete in the UK, could be re-introduced. This type of care is preventative care and could be carried out by kind, sensible people, capable people who would be trusted to care for their own family. The statutory requirements which are already in place for criminal record checks and other safeguarding specifications could be maintained.

New care agencies should be encouraged to come to the market to provide low, level care services. The work would encourage older ‘informal’ carers to return to work and the age group alone of such care workers would be welcomed by the older people they would be caring for.

People who need low level care and where this need is fulfilled will:• Save the UK Exchequer money• The amount of funding given to Councils for the provision

of care can be spread wider helping more people retain their independence.

• Fewer older people will be admitted into acute hospital beds.• Older people and their families will be happier.

The UK did have such a care system in the last century; it was The Home Help System and was provided by County Councils who employed their ‘Home Helps’. Perhaps this is the time to re-introduce it and bring mature, caring, sensible people into the workforce again either through councils or through the private sector.

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angela gifford

TAkE ThE ‘SEARCh ALERT’ ChALLENgE...


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For more information on Search Alert and the full Geodesys range of nationwide conveyancing searches, please visit www.geodesys.com

or contact [email protected] or telephone 0845 070 9109.

Time is precious and time is money but in conveyancing, shortcuts and inadequate research on your clients’ investments can end up costing a lot of time and a lot of money as well as emotional distress!

Will their picture postcard countryside view be replaced by that of an enormous solar park or multiple turbine blades from a large wind farm?

Will that beautiful landscaped garden that swung their decision to buy the “home of their dreams”, be at risk because of collapse due to underground issues?

The fact is, that neither of these situations or any other negative surprises should arise if conveyancing searches are undertaken thoroughly using the “Search Alert” tool available on our Geodesys ordering website.

Not only does it take out the guesswork about which risks might exist, it is simple and easy to use and can give a very quick but thorough initial assessment of all the conveyancing searches that should be considered to help identify risks about prevalent and known issues in the proximity and location of the property or land identified.

How does Search Alert work?Once you have entered the name/number, town and postcode of the property you are searching against, potential risks are identified and it highlights which reports may be helpful

in assessing the extent of the risk and any impact on the property transaction.

Which risks are covered?Search Alert currently identifies eleven areas of risk. These are flood, coal, radon, limestone, ball clay, Cheshire brine, brine extraction, High Speed 2, subsidence, energy exploration and windfarms.

How do you know what areas merit further investigation?Any known potential risks are highlighted in a table on the left hand side of the ordering page on the Geodesys ordering website, with the appropriate search highlighted within the usual list of packages and products. You can get further details on the risk(s) by clicking in the table or on the exclamation icon next to the relevant search. Please note that if you are ordering a package, the recommended search will be highlighted in both the package list and the product list.

A final noteWe know that you will find Search Alert invaluable as it enables you to provide your clients with the right information at an early stage in the transaction process. This allows them to understand any issues which may affect their enjoyment of the property and enables them to take appropriate steps to safeguard their investment.

Nobody likes nasty surprises so take the ‘Search Alert’ Challenge it’s free and it’s a “no brainer”!

Search Alert ?

Ball Clay OK

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Flood !

High Speed 2 Rail OK

Limestone OK

Radon OK

Solar Farms OK

Subsidence Risk OK

Wind Farms OK

Flood

Potential flood risk in the area based on historical andinsurance claim data.

You may want to consider the following searches:Homecheck Professional Flood Report


Law Society research: millions of Britons have no willThe 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.

www.nnls.org

FINGERPRINT ANALYSIS

Peter M Swann FAE FFSIndependent Consultant to the Legal Profession

A former Home Office Adviser with five decades experience in all aspects of finger print and crime work.

A Fellow of the Academy of Experts, a Fellow of the Fingerprint Society, a Member of the International Association for Identification, a Member of the Forensic Science Society and included in the UK Register of Expert Witnesses.

Provides a full independent fingerprint service to legal profession, industry and other agencies.

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experience of their dedicated team of Forensic Consultants who provide a wide range of services for clients throughout the UK and abroad, dealing with many serious and high profile cases. Some of their experts are accredited experts for the ICC at The Hague.

Collectively, our forensic experts and accident investigators have many years’ experience within the Government forensic laboratories, as well as Police and private practice. This knowledge enables us to provide reliable and independent forensic science services, as well as acting as Expert Witnesses.

A sign of the esteem in which Emmersons experts are held is evidenced by the number of commissions received to re-examine cases previously examined by the Crown’s experts. We review this work and report upon it.

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SBA - the Solicitors’ Charity

Not a week seems to go by these days without more speculation in the legal press about how uncertain the future is for small firms, sole practitioners and those in legal aid practice. For organisations like SBA the Solicitors’ Charity, however, it’s clear that starker times arrived quite some time ago. SBA Beneficiary Secretary Dervilla Carroll explains, “We regularly take calls from solicitors affected by redundancy and shorter hours. In many cases, all their savings have been used up, the home is on the verge of repossession or already gone and debts are spiralling out of control. It’s not unusual to see people sofa-surfing, living in temporary bed-and-breakfast accommodation or moving back to live with an elderly parent. One former partner is currently living in his car while trying to sort out job interviews.”

It’s obviously not pleasant to muse on what it’s like to move from comparative prosperity to £72.40 a week, the level of Jobseeker’s Allowance. However, some of the research shared by LawCare suggests that lawyers are uniquely well qualified in the art of denial. Solicitors who are buried in the detail of heavy workloads and managing their own clients’ expectations don’t necessarily recognise when they themselves need to ask for help. As professionals who excel at taking control in chaotic situations, solicitors are often overwhelmed when, despite their best efforts, they cannot influence a particular outcome. Professional and personal relationships start to crack and, as both SBA and LawCare know only too well, families can blow apart as a result.

Many applicants advise that they have known about SBA for most of their professional lives. This is often through membership of local law societies; indeed, Norfolk & Norwich Law Society has been a committed supporter of SBA’s work for many years. However, the charity is often associated with more traditional types of support for older or disabled people. SBA does of course still help former colleagues but, as the profession’s own charity, it has also geared services in readiness for market contraction. One new pathway is to provide free careers support, underpinned by short-term financial help to boost people’s chances of getting back into work, either in the law or not. Subject to a confidential test of income and savings, solicitors who qualify for financial assistance can join a three-month programme which offers holistic career, job search and wellbeing support, all provided by a single professional consultancy. SBA also wants to help create financial breathing space for colleagues who need that extra bit of support at the right time – for example, covering the costs of removal expenses for a family looking to downsize their home.

The next few years could well be grim for many in the profession but, with support organisations standing by to help, it is possible to see some light at the end of the tunnel. Don’t wait to hit crisis-point – act now. Visit www.sba.org.uk for further information, telephone 020 8675 6440 or email [email protected].

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Law Firms strongly against Law Society Case + Practice Management proposal99% of law firms surveyed disagree with The Law Society’s view of endorsing only one or two case + practice management software suppliers 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. 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.

Professional communications

for professionals

www.epc.gb.com

Law Firms strongly against Law Society Case + Practice Management proposal


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

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.

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Victoria Jenkins BSc MSB, CBiolForensic Toxicologist able to assist with the following types of cases.

Drink Driving Cases• Past driving drinks (hip flask defence),• Laced drinks,• Effects of prescribed medication on breath and blood alcohol results,• Effects of chemicals in the work place on breath and blood alcohol results,• Failure to provide situations.

Toxicology Cases• The effect of controlled and/or prescribed drugs on driving ability, an individual’s demeanour and memory of events,• Typical usage patterns for controlled drugs,• The effect of controlled drugs on parenting skills,• The beneficila effects of cannabis in certain medical conditions,• The effects of date rape drugs and the length of time they remain detectable in biological sample,• Medical negligence.

Free estimates and adviceFast turnaround of reports

•Telephone: 0191 3741411,

Mobile: 07890 030366E-mail: [email protected]

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