Landmark Planning: A Clearer View of Future Plans

Allie Parsons, Customer Success Consultant, Landmark Information (Legal)

Here at Landmark Information, we have provided planning application insights and data for residential property conveyancing through for many years. I recall the now legendry Bird & Bird transaction case, in which the conclusion found that ‘Changes to the surrounding environment, brought about through development are an important factor in protecting a client’s investment pre-acquisition’.

Landmark Planning: A Clearer View of Future Plans

Of course, a preference or indifference to planning proposals in its various forms is very much a personal view. Property lawyers and conveyancers may air on the side of caution following guidance, preferring to simply understand the proposed purchase property and to rely on the seller’s information. Homebuyers, however, have a right to understand any impact, positive or negative, that a nearby development may have before they commit to a purchase.

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Revised Anti-Money Laundering Professional Guidance

The SRA, acting in conjunction with all of the other legal regulatory bodies in the UK as part of the “Affinity Group”, has now published its updated professional guidance on how those affected by the Money Laundering Regulations must ensure compliance with them. Noticeably longer and more detailed than the previous guidance, the clear message is that compliance is not optional, and that ignorance of what is now required of firms will not stand in the way of regulatory, and quite possibly, criminal sanctions.

Revised Anti-Money Laundering Professional Guidance

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Bell vs Tavistock

Bell vs Tavistock: Does informed consent stand in the way of autonomy?

Bell vs Tavistock
Bell vs Tavistock : Neil Sullivan

In a landmark court case, judges ruled that children under 16 years of age could no longer be prescribed puberty blockers unless this has been authorised by the court. The reason: under 16s are not likely to be competent enough to “understand and weigh the long-term risks and consequences of the administration of puberty blockers”[1]. The judgement did not stop there, though. It also ruled that where persons over 16 years of age are involved, “clinicians may well regard these as cases where the authorisation of the court should be sought prior to commencing the clinical treatment”. The legal challenge was brought against the Tavistock and Portman NHS Trust in London. One of the claimants was Keira Bell, who was prescribed puberty blockers at 16 by the Trust’s GIDS (Gender Identity Development Service) clinic, but later regretted transitioning[2].

The High Court ruling was not quite the outcome people expected and, naturally, led to a polarised reaction. While some welcomed it as “a victory for common sense”, others were concerned it would curb young trans people’s rights[3]. The issue of informed consent was a fundamental part of the judges’ final decision. However, it also begs the question: Could informed consent stand in the way of young individuals’ autonomy over matters regarding their health?

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Can your expert truly sign the Statement of Truth?

An expert’s report under CPR must conclude with the Expert’s Declaration stating that the expert knows his duty to the court and has complied with that duty.  There must then be a Statement of Truth, which used to say:

  • I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not.  Those that are within my own knowledge I confirm to be true.  The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

But as from 1 October 2020 that statement is extended, with these words:

Can your expert truly sign the Statement of Truth?
Can your expert truly sign the Statement of Truth? Chris Makin
  • I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

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To Search or Not to Search, That is the Question

For decades, perhaps even longer, there has been the ongoing debate of whether an insurance policy is worth taking out. Everyone has a view, generally depending on personal experience.

To Search or Not to Search
To Search or Not to Search, That is the Question

In the world of conveyancing, a recent survey¹ showed that 20% of transactions needed some form of title insurance. Of course, the client can choose if they take it out (unless the lender insists on cover being put in place) but if there is insurance available then it is down to the conveyancer to mention it.

But there are some situations where the existence of insurance can actually be the difference between a transaction proceeding or not – and a good example of this is search insurance.

Read moreTo Search or Not to Search, That is the Question

Top 10 compliance mistakes and how to avoid them

By Julian Bryan, Managing Director, Quill

Compliance should be neither an afterthought nor a burden – it should be a natural consequence of running your law firm and managing your accounts well. The SRA will tell you that anti-money laundering and mishandling client money are the two most common mistakes law firms make. So how do you avoid the SRA’s intervention?

Top 10 compliance mistakes
Top 10 compliance mistakes by Julian Bryan

Here are 10 compliance mistakes law firms most often fall foul of:

Read moreTop 10 compliance mistakes and how to avoid them

President’s Introduction : Charlotte Perry

Dear WLS members,

It is a great honour to write to you as your newly elected President. I have had the privilege of working closely with the Law Society over the past four years, firstly with the Worcestershire Junior Lawyers where I sat as Chair in 2017/2018 before joining the committee in 2019. 

Presidents Introduction : Charolette Perry
Presidents Introduction : Charlotte Perry

Firstly, I would like to thank James Osborne our outgoing President, for supporting us through a difficult and trying year. I, and the committee, are grateful to James for his hard work, organisation and diligence. James will remain an integral member of the committee having been elected to the role of Treasurer.

Read morePresident’s Introduction : Charlotte Perry

The Digital Solicitor Podcast

Legal Aid in a pandemic

A deep dive into key issues in this extraordinary of times with Richard Miller, head of the Justice Team at the Law Society. This informative podcast discusses frontline working in courts and police stations; remote hearings; means testing; payments on account; Legal Aid Review; crime contract extension and the positive effect of digitisation within legal aid firms. Link to podcast – https://www.thedigitalsolicitor.co.uk/e/legal-aid-in-a-pandemic/

The Digital Solicitor Podcast
The Digital Solicitor Podcast

Dear WLS members

Dear WLS members
Dear WLS members by James Osborne

Dear WLS members, this is the last time I shall write to you as President with my extended term shortly to come to an end.

It has been a pleasure and an honour to act as your President over the last 18 months. For a large part of that we have seen a world very different to that which any of us will have experienced before and sadly that has meant that I’ve not been able to achieve everything I had initially hoped. Nonetheless, I was delighted that we were still able to proceed with the Worcestershire Law Society Legal Awards 2020 on 24th September. It was a fantastic evening and a huge congratulations to the winners. That is our showpiece event of the year and although it was a little different this time round the evening was still a great success.

Read moreDear WLS members

The London Borough of Islington v Bajaj

In the recent Court of Appeal case of The London Borough of Islington v Bajaj [2020] EWCA Crim 1111, we successfully defeated a Local Authority attempt to obtain a near £1 million confiscation order and maintained the original order that we had argued for in the Crown Court of just £200.00. We represented a landlord prosecuted by the Islington Borough Council for offences relating to unlicensed houses of multiple occupation. During protracted litigation concerning two properties in North London, the client was acquitted of over half the charges he faced following a trial at the Highbury Corner Magistrates’ Court and was then committed to the Crown Court for confiscation proceedings.  

Once in the Crown Court, the Local Authority adopted what the Court of Appeal later described as “a highly complex (as well as indirect) approach” to calculating the landlord’s ‘benefit’ pursuant to the Proceeds of Crime Act 2002.

Read moreThe London Borough of Islington v Bajaj

Breaking new ground

Breaking new ground
Victoria Alicea

Breaking new ground – solicitors set up own mini tax chambers

Harrison Clark Rickerbys is taking a bold step into the future, taking on trainee tax barristers (pupils), to create a mini tax chambers within the firm, expanding on its existing expertise.

The first pupil, Victoria Alicea, joined this week – the first of two pupils who will serve their two-year pupillage under the firm’s tax barrister Sarah Woodall. She also won a coveted Grays Inn pupillage scholarship on her first day at HCR.

Sarah explained: “There are very few other specialist tax chambers outside London in England and Wales, and opportunities are very limited – here, pupils will have all the benefits of a large organisation but all the challenge of actually seeing real cases from the start.

“In a traditional tax chambers, pupils report feeling used as cheap labour, but here we have such a diverse range of cases that they will learn fast. We are very busy, so they will get the kind of experience that they might have to wait a long time for in London – we expand our team, and pupils gets hands-on experience, so it is a win-win.”

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Praise from clients wins lawyers top rankings

Praise from clients wins lawyers top rankings

Specialist knowledge, expertise, efficiency and professionalism are the hallmarks of Harrison Clark Rickerbys’ private client team, according to clients and peers whose remarks won the law firm excellent rankings in a legal directory.

Praise wins lawyers top rankings

Chambers and Partners High Net Worth guide places both the firm and its outstanding partners in the top rank of legal advisors, with experts in Birmingham, Worcester and Cheltenham available to advise individuals and families on private client matters, including tax planning, estate administration and wills.

Clients and peers said: “The wills, trust and estate team are highly competent with excellent specialist knowledge,” adding “they had the right level of employee with the right specialist knowledge…which gave the client the best service at the best value.” One interviewee, focusing on HCR’s strength and depth in this area, said: “My overall impression of HCR is good; it is confidence-building for the client.”

Read morePraise from clients wins lawyers top rankings

Backing talent from trainee to partner promotions

Backing talent from trainee to partner promotions

Two new partners lead the promotions round at Harrison Clark Rickerbys, with a range of other moves up the ladder, including nine newly-qualified solicitors.

Along with 30 trainees undertaking their professional development across HCR, the firm is growing and recognising talent and commitment at every level.

Nick Gova of the firm’s family law team in London and Rebecca Kirk of the employment team in Hereford became partners from 1 October. In Cheltenham, Louisa Leach (corporate) and Lauren McGurk (wills, trusts and estates) were promoted to senior associate, along with Joe Mulrenan (corporate) in Worcester and Jane Erlam (wills, trusts and estates) in Hereford.

Nick Gova and Rebecca Kirk

Read moreBacking talent from trainee to partner promotions

Client deals put HCR in top

Client deals put HCR in top
Charlotte Thornton-Smith

Client deals put HCR in top spot in M&A deal league table

Client demand for mergers and acquisition in the first half of the year have taken Harrison Clark Rickerbys to the top of Experian’s rankings for the most active advisors in the Midlands despite the Covid-19 pandemic.

Demand for deal making meant HCR soared up the Experian rankings nationally too, from 9th to 2nd place, with the firm helping clients to keep business moving in tough times – its 62 deals nationally took it ahead of many much larger global law firms.

This achievement has been replicated in other regions, with a first in the South West and South East, and third place in the East of England – all further up the rankings than previously.

Read moreClient deals put HCR in top

HCR head of construction celebrates

HCR head of construction celebrates
Keith Blizzard

HCR head of construction celebrates prestigious new post

Keith Blizzard, head of HCR’s construction and engineering team, has been chosen as a trustee for the Chartered Institute of Building (CIOB). He joins 15 others on the Board, responsible for setting policy and raising standards in the construction industry.

Keith, who is a chartered quantity surveyor and non-solicitor partner at HCR, brings a wide range of skills and considerable experience across the sector to his role both in the firm and for CIOB. He is also a chartered construction manager, arbitrator and panel adjudicator, and his experience and expertise has led him to teach construction law at several universities.

Of his appointment, he said: “I am very honoured to be appointed to an organisation that represents the best in construction management worldwide; I will serve for three years, and have been appointed as a trustee champion for Asia, including China, Hong Kong, Singapore and Malaysia, so I shall be keeping in touch with member committees in those countries.

Read moreHCR head of construction celebrates

Scholarship success under diversity inclusion scheme

Scholarship success under diversity
Inez Brown

Scholarship success under diversity inclusion scheme

Two students are on their way to becoming solicitors, thanks to the diversity inclusion scheme set up by Inez Brown, president of Birmingham Law Society.

The scheme, which offers scholarships to two students who would not otherwise have been able to complete their Law Practice Course, has been supported by the University of Wolverhampton (the university Inez attended) and the University of Law.

The scholarships, awarded to Drew Nelson from Birmingham and Sophie Murphy from Wolverhampton, will be accompanied by mentoring and support from HCR and from Gateley Legal LLP, with Pinsent Masons offering both a virtual internship. Mentoring will also be offered to Sharon Nelson, who impressed the selection panel with her determination and focus. Drew and Sophie have just started their post-graduate Law Practice Course.

Inez said: “Both Drew and Sophie started their courses this week and I am really delighted that we had such excellent candidates. I wanted to support young people who, for a range of reasons, would not normally be able to afford to do their LPC – Government funding is available for their degrees, but there is no funding available for the LPC, so many people simply don’t go ahead.

Read moreScholarship success under diversity inclusion scheme

HCR scoops three wins at Worcestershire Law Society awards

HCR scoops three wins at Worcestershire Law Society awards

No amount of social distancing or Covid-19 compliance could mar the delight of Harrison Clark Rickerbys’ three award winners at the Worcestershire Law Society awards on Thursday evening.

HCR scoops three wins
Kim Allsopp, Louise Crook and Elizabeth Beatty. HCR scoops three wins.

Elizabeth Beatty’s dispute resolution team took the professional discipline award, Louise Crook, head of the firm’s real estate healthcare specialism, won Solicitor of the Year and Kim Allsopp from the family law team won Paralegal of the Year.

Held at Centenary Lounge in Worcester and live streamed so that friends and colleagues could see the proceedings, the annual awards were very carefully managed to ensure Covid-19 guidelines were in place throughout. President of the Society James Osborne, a senior associate with HCR, presented the awards and was full of praise for all the winners, citing the difficulties of the past six months for so many people and the breadth of talent in the county’s legal community.

Read moreHCR scoops three wins at Worcestershire Law Society awards

Partner becomes first black president of Birmingham Law Society

Inez Brown

Partner becomes first black president of Birmingham Law Society

Partner Inez Brown, who leads the team at Medical Accident Group, sister company to Harrison Clark Rickerbys, has been inaugurated as president of Birmingham Law Society, the first black person to hold the post, and has committed herself to enabling talented students to overcome disadvantaged backgrounds to pursue a legal career.

Inez, who herself came from such a background and did her law degree while working full time as a legal secretary for various Midlands law firms, with her husband paying her fees, said: “I had to overcome a number of obstacles in order to enter the legal profession, and I will set up a Diversity Inclusion Scheme to enable two students to take up that chance.”

Scholarships and funding have already been pledged by Inez’s own alma mater, the University of Wolverhampton, and also by the University of Law; successful candidates will also be supported with mentoring and advice by Harrison Clark Rickerbys and another Midlands firm.

Read morePartner becomes first black president of Birmingham Law Society

Homeworking warning over security

press release

Homeworking warning over security
Homeworking warning over security. Darryll Thomas

Homeworking warning over security of confidential data

Bosses across Worcestershire are being warned about the need to ensure confidential data is secure as staff prepare to work from home for the foreseeable future.

Employment specialist Darryll Thomas has issued the alert as he says many employers believed working from home would be a temporary measure when people were told to stay at home at the start of the coronavirus lockdown.

However, the partner at law firm mfg Solicitors, said many employers had not made the necessary changes to their workers’ employment contracts to ensure the security of confidential information – putting them at risk of breaching data protection laws.

He said: “There’s often an express contractual obligation for workers not to disclose confidential information. Additionally, employers should have a data policy in place as well as having entered a Privacy Notice with all workers. 

Read moreHomeworking warning over security

Kind-hearted law firm donates

Kind-hearted law firm donates
Kirsten Bridgewater

Kind-hearted law firm donates to Kidderminster’s KEMP Hospice

A generous Wyre Forest law firm has donated £1,000 to a Kidderminster hospice to help the charity cope with the Covid-19 crisis.

Staff from Birmingham Road-based mfg Solicitors have donated the money to KEMP Hospice’s Resilience Fund Appeal as the charity focuses on different fundraising methods to keep its services running as normal during the pandemic.

Kirsten Bridgewater, a partner at mfg Solicitors said: “KEMP Hospice does an outstanding job in supporting individuals and families across Wyre Forest.

“It is a charity many of our staff have connections to and therefore we know how much support they need at this time.

“We hope the donation will help boost the Hospice’s fundraising drive and ensure as many nurses as possible can get out to local homes to help patients and their families during this difficult time. It’s a vitally important service to our community.”

Lawyers at mfg Solicitors are also involved in KEMP Hospice’s annual will writing initiative which has raised thousands for the Kidderminster charity.

Read moreKind-hearted law firm donates