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D&DLS Bulletin<br />

<strong>Derby</strong> & <strong>District</strong> <strong>Law</strong> <strong>Society</strong><br />

www.derbylaw.net October 09<br />

Banner Jones wins award<br />

Regional <strong>Law</strong> Firm of the Year 2009 - see p.6<br />

Environmental risk issues - still significant<br />

Report on page 19<br />

Annual Dinner Menu revealed! - see page 8<br />

Also in this issue: Effective Office Technology Management • Training News<br />

This issue sponsored by Landmark Information Group


D&DLS Bulletin<br />

<strong>Derby</strong> & <strong>District</strong> <strong>Law</strong> <strong>Society</strong> October 09<br />

Contents<br />

3 - Editorial<br />

7 - Skills Triathlon 09<br />

11 -Training News<br />

15 - Recruitment<br />

20 -Severn Trent<br />

4 - List of Officers<br />

8 - Social Events<br />

12 - CPD Programme<br />

16 - Charity<br />

21 - Antiques Valuation<br />

5 - President’s Page<br />

9 - Quiz Poster<br />

13 - Booking Form<br />

18 - Tech Management<br />

22 - Legal Dynamics<br />

6 - Membership News<br />

10 - Committee News<br />

14 - Regional Offices<br />

19- Environmental issues<br />

Editorial<br />

As I write this on the eve of my departure on<br />

2 weeks’ holiday I have decided not to give<br />

the lawns a final cut as they have not grown<br />

much over the last 2 weeks due to the lack<br />

of rain – why is it that it’s miserable while<br />

the kids are cooped up at home during the<br />

summer break, only to improve dramatically<br />

once they are back at school?<br />

As it’s now October thoughts will be turning<br />

to CPD points, as the October 31st deadline<br />

for achieving your 16 annual hours fast<br />

approaches – I hope that you have taken<br />

advantage of the opportunities to do so via the<br />

courses arranged locally by the <strong>Society</strong>, and if<br />

you haven’t there is still time (just) to do so, so<br />

consult the Training Programme on p12 and<br />

see if there is anything to suite. A number of<br />

new courses have also been added for 2010,<br />

so if you are in forward-planning mode make<br />

a note of any which are of interest, and save<br />

your firm (or yourself) time and money by<br />

avoiding booking more expensive courses<br />

at less convenient venues. If there are any<br />

obvious gaps in the programme, or particular<br />

topics you feel ought to be covered, please<br />

let me know, as you are far better placed to<br />

identify future courses than I am.<br />

On the subject of ‘letting me know’, thanks<br />

are due to all those who responded to the<br />

recent questionnaire – all 2 of them! The<br />

lack of response means that either I and the<br />

Committee are doing a superb job and no-one<br />

can think of anything which we are not covering<br />

or could do better, or Arthur Titterton’s Apathy<br />

Committee is still going strong – only you<br />

know which is the answer.<br />

As we approach the second half of the<br />

<strong>Society</strong>’s year the social scene is beginning to<br />

stir itself – by the time you read this the DYL<br />

Hollywood Ball will have taken place, and the<br />

Annual Quiz will be getting ever closer, so if<br />

you haven’t already done so start putting your<br />

teams of 4 together, and please display the<br />

poster on p9 to encourage others to do so.<br />

Details of the Annual Dinner on February 5th<br />

2010 are now available and can be found on<br />

p8. Whilst the reduction in numbers last time<br />

was perhaps understandable given the impact<br />

of the credit crunch, those who chose not to<br />

attend will no doubt have been made aware<br />

by those who did attend just what a treat<br />

they missed in Brendan Healy. If you are still<br />

limited in your scope for client entertaining<br />

then surely it makes sense to concentrate on<br />

the one event which you can guarantee will<br />

provide a superb evening’s entertainment for<br />

all concerned, so I hope that we will see rather<br />

more of the usual suspects represented this<br />

time; the main speaker is a past winner of<br />

the American Express After-Dinner Speaker<br />

of the Year award, so our usual high standard<br />

will be maintained – as has the ticket price, in<br />

a further effort to mitigate the effects of the<br />

recession on firms’ budgets.<br />

In fact, with subscriptions having remained<br />

unchanged for 9 years, prices for both the<br />

Dinner and Quiz held, fees for directly-arranged<br />

CPD courses kept highly cost-effective (not to<br />

mention the provision of free advocacy training<br />

for Trainees and newly-qualifieds), and more<br />

agreements such as that with IKON - by which<br />

member firms can obtain advice on the best<br />

configuration of office machinery and systems<br />

aimed at achieving significant reductions in costs<br />

and improvements in internal efficiency together<br />

with discounted prices - in the pipeline, I hope<br />

that you feel that we are doing what we can to<br />

help member firms out on a range of fronts.<br />

If any public-spirited member is interested in a<br />

Non-Exec Board Directorship with Amber Valley<br />

Housing, please see their advert on p15, and<br />

make contact directly with Katy Martin.<br />

Finally, congratulations to cover firm Banner<br />

Jones on their recent achievement of a Regional<br />

<strong>Law</strong> Firm of the Year award – it is always good<br />

to hear of local success stories, so if you or your<br />

firm has any good news – or if you have any<br />

changes which you would like the rest of the local<br />

profession to know about – please let me know<br />

so that I can feature it in ‘Membership News’.<br />

Well that’s all for now – I’d better get on<br />

with my packing. See you on my return from<br />

sunny Florida.<br />

Peter Ball<br />

Published by:<br />

EAST PARK COMMUNICATIONS Ltd.<br />

Old School House, Liscard Road, Liscard,<br />

Wallasey<br />

CH44 5TN<br />

Tel: 0151 691 4925<br />

simon@epc.gb.com<br />

www.epc.gb.com<br />

Advertising<br />

Simon Castell<br />

Managing Editor<br />

Peter Ball<br />

Marketing<br />

Denise Challener<br />

Design and Production<br />

EPC.<br />

Accounts<br />

Daniel Glickman<br />

Media No.<br />

1044<br />

Published<br />

October 2009<br />

© East Park<br />

Communications Ltd.<br />

Legal Notice<br />

© East Park Communications Ltd.<br />

None of the editorial or photographs<br />

may be reproduced without prior written<br />

permission from the publishers. East<br />

Park Communications Ltd would like<br />

to point out that all editorial comment<br />

and articles are the responsibility of the<br />

originators and may or may not reflect the<br />

opinions of East Park Communications<br />

Ltd. Correct at time of going to press.<br />

www.derbylaw.net


Officers and Committee Members for 2009<br />

Julia’s jottings<br />

Members of the<br />

Full Committee<br />

President*<br />

Julia Saunders<br />

Moody & Woolley, <strong>Derby</strong><br />

Tel: 01332 344221<br />

js@moodyandwoolley.com<br />

Vice President*<br />

Andrew Cochrane<br />

Flint Bishop, <strong>Derby</strong><br />

Tel: 01332 340211<br />

Via njrennie@flintbishop.co.uk<br />

Deputy Vice-President*<br />

Christine Ball<br />

OMW Solicitors, Burton<br />

Tel: 01283 530333<br />

christineball@omwsolicitors.<br />

co.uk<br />

Honorary Secretary*<br />

Arthur Titterton<br />

Hardy Miles Titterton,<br />

South Normanton<br />

Tel: 01773 580280<br />

atitterton@hmtlegal.com<br />

Honorary Treasurer*<br />

Julia Saunders<br />

Moody & Woolley, <strong>Derby</strong><br />

Tel: 01332 344221<br />

js@moodyandwoolley.com<br />

Immediate Past President*<br />

Nigel Anderson<br />

Anderson Partnership,<br />

Chesterfield<br />

Tel: 01246 220737<br />

nigel@andersonslaw.co.uk<br />

(* = Ex-Officio; Members of Full<br />

and Standing Committees)<br />

Parliamentary Liaison Officer (+)<br />

Mary Honeyben<br />

Elliot Mather,<br />

Chesterfield<br />

Tel: 01246 231288;<br />

mary.honeyben@elliotmather.<br />

co.uk<br />

Public Relations Officer (+)<br />

Vacant<br />

Constituency Council<br />

Representative,<br />

<strong>Derby</strong>shire(+)<br />

John Calladine<br />

Tel/Fax: 01332 574259<br />

Mobile: 07802714513<br />

calladinej@googlemail.com<br />

<strong>Derby</strong>shire Young <strong>Law</strong>yers (+)<br />

Tara Woolley<br />

Smith Partnership,<br />

<strong>Derby</strong><br />

Tel: 01332 225225<br />

tara.woolley@smithpartnership.<br />

co.uk<br />

(+) attend Committee by<br />

invitation<br />

Solicitors’ Benevolent Assoc.<br />

area representative<br />

Peter Lord<br />

9 Larkhill, Swanwick, DE55 1DD<br />

Tel: 01773 541753<br />

Fiona Apthorpe<br />

Robinsons, <strong>Derby</strong><br />

Tel: 01332 254124 (Direct line)<br />

fiona.apthorpe@robinsonssolicitors.co.uk<br />

Judith Barnes<br />

Timms, Burton<br />

Tel: 01283 561531<br />

judith.barnes@timmssol.co.uk<br />

Lionel Conner<br />

Samble Burton & Worth, Burton<br />

Tel: 01283 565731<br />

lionelc@sbw.cc<br />

Graham Dean<br />

Tel: 01889 591176<br />

grahamandangela@yahoo.co.uk<br />

David Hardy<br />

Hardy Miles Titterton, Ripley<br />

Tel: 01773 747000<br />

dhardy@hmtlegal.com<br />

Mary Honeyben<br />

Elliot Mather, Chesterfield<br />

Tel: 01246 231288<br />

mary.honeyben@elliotmather.co.uk<br />

Karen Hughes<br />

Flint Bishop, <strong>Derby</strong><br />

01332 340211<br />

karen.hughes@flintbishop.co.uk<br />

Sue Jennings<br />

Tel: (M) 07946 609436<br />

robskelding@squarise.co.uk<br />

Babul Miah<br />

Chapman & Chubb, Alfreton<br />

Tel: 01773 540480<br />

babul.miah@chapsol.com<br />

Sarah Nash<br />

Robinsons, <strong>Derby</strong><br />

Tel: 01332 291431<br />

sarah.nash@robinsonssolicitors.co.uk<br />

Quentin Robbins<br />

Broadbents, <strong>Derby</strong><br />

Tel: 01332 369090<br />

alisonlambley@btconnect.com<br />

Lewis Rose, OBE<br />

Flint Bishop, <strong>Derby</strong><br />

Tel: 01332 226127<br />

lmrose@flintbishop.co.uk<br />

Louise Wong<br />

<strong>Derby</strong> CLAC<br />

Tel: 01332 228718<br />

louise.wong@<br />

citizensadviceandlawcentre.org<br />

Susan Woodall<br />

OMW Solicitors, Burton<br />

Tel: 01283 530333<br />

info@omwsolicitors.co.uk<br />

Stephen Woolley<br />

Robinsons, <strong>Derby</strong><br />

Tel: 01332 291431<br />

stephen.woolley@robinsonssolicitors.co.uk<br />

Administrator / Bulletin Editor<br />

Peter Ball,<br />

The Old Barn<br />

Hatton Fields, Sutton Lane<br />

Hilton, <strong>Derby</strong>s. DE65 5GQ<br />

Tel/Fax: 01283 815030<br />

e-mail: admin@derbylaw.net<br />

Sub-Committees<br />

(Secretary in italics)<br />

Professional/Regulatory<br />

Purposes<br />

Subsumed into the Full<br />

Committee –<br />

working groups to be convened<br />

according to the subject at hand.<br />

Finance<br />

Nigel Anderson, Julia Saunders,<br />

Arthur Titterton, Quentin<br />

Robbins.<br />

Civil Litigation<br />

Stephen Woolley,<br />

Nigel Anderson,<br />

Mary Honeyben, Judith Barnes,<br />

John Calladine, David Hardy,<br />

Paul Hackney (01332 331631)<br />

Stephen Savage (01332 559281).<br />

Education & Training<br />

Sue Jennings,<br />

Judith Barnes,<br />

& all Sub-Committee<br />

Secretaries<br />

Family <strong>Law</strong><br />

Fiona Apthorpe,<br />

Julia Saunders,<br />

Arthur Titterton,<br />

Christine Ball (01283 530333),<br />

Melanie Bridgen (01283 226444),<br />

Diana Copestake (01332 372372),<br />

Tessa Dunleavy (01332 347300),<br />

Tim Evans (01246 211006),<br />

Naomi Hickman (01332 364436),<br />

Ruth Jones (01332 346084),<br />

Fiona Lazenby (01332 340211).<br />

Criminal Litigation<br />

Quentin Robbins,<br />

Nicola Hunter,<br />

Andrew Cash (01332 372372)<br />

Kevin Waddingham (01332 346111),<br />

Chris Hallas (01332 362509),<br />

Andrew Oldroyd (01332 346084),<br />

Jonathan Taaffe (01246 209773).<br />

Property <strong>Law</strong><br />

Vacant, Sue Woodall,<br />

Adrian Crowther<br />

(01332 340211),<br />

Rachel Bale<br />

(01283 561531),<br />

Natalia Delgado<br />

(01246 231288),<br />

Sally Gill<br />

(01246 231288),<br />

Stephen Gordon<br />

(01246 270112),<br />

Michael Taylor<br />

(01773 822333),<br />

Hugh Walford<br />

(01773 823999),<br />

Elizabeth Wallis<br />

(01629 812613),<br />

Andrew Cross<br />

(01629 582308),<br />

Charlotte Rosser<br />

(01332 291431).<br />

Probate/Wills/Trusts incl.<br />

Elderly Client<br />

Sarah Nash,<br />

Duncan Lyon (01773 744744),<br />

Laura Nayler (01332 254168)<br />

Nigel Green (01332 346018)<br />

Fred Parkinson (01246 231288)<br />

Anne Weaver (01332 340211).<br />

Employment and Business <strong>Law</strong><br />

Kate Linge (01332 221722)<br />

Jenny Eades (01332 361000),<br />

Michael Copestake,<br />

Andrew Cochrane.<br />

(Last updated 30 th September 09)<br />

I am writing this early, at the<br />

end of September due to another<br />

of the Administrator’s exotic<br />

holidays. I know that it will be<br />

a couple of weeks before it is<br />

published. Autumn is upon us,<br />

the children have gone back to<br />

school and for a couple of weeks<br />

now I have noticed Christmas<br />

items creeping into the shops.<br />

In an attempt to bypass the<br />

Apathy Committee we published<br />

a very simple questionnaire for<br />

you to respond to about what<br />

your <strong>Society</strong> could do for you.<br />

I am told that Peter had two<br />

responses - and one of those was from a member of<br />

the Committee! However over the last month or so I<br />

have received feedback on the Bulletin from people who<br />

although within the profession I do not see regularly and<br />

are from different branches of the profession including<br />

the LSC. Please keep reading. I am pleased to know that<br />

you do, but please feedback your thoughts even if it is<br />

dropping me or Peter an email or telephoning, both of us<br />

can talk the hind leg off a donkey.<br />

By the time you read this the deadline for professional<br />

indemnity insurance will have passed, there has been<br />

much about in the professional press including headlines<br />

of firm’s shutting down because they cannot afford<br />

insurance. Do any of you have any particular thoughts<br />

or feedback to report which would be of use to the local<br />

profession?<br />

On 10th September 2009 the first advocacy course took<br />

place at <strong>Derby</strong> University. This was as a result of feedback<br />

from previous Triathlons that the advocacy part of the<br />

competition was particularly daunting to trainee solicitors<br />

who perhaps hadn’t had any experience of advocacy<br />

previously. In the end the course was particularly well<br />

attended and I was able to arrive for the last session -<br />

ironically after a full day contested hearing in the <strong>Derby</strong><br />

County Court. The trainees were all enthusiastic although<br />

there were varying levels of nerves and they all decided<br />

that it had been a worthwhile if not scary experience. My<br />

thanks to Graham Dean and Sue Jennings particularly<br />

who organised the event and our learned guest judges<br />

for their feedback and for taking the time to invest in the<br />

next generation of our profession.<br />

As a family lawyer we are having a particularly difficult<br />

time with CAFCASS. On a nationwide basis the service is<br />

in difficulty and by the time you read this our designated<br />

family judge, Judge Orrell, will have put in place interim<br />

(they are supposed to last until March next year) measures<br />

to ease the burden but make the system more efficient<br />

and work both for clients but more importantly for the<br />

children who are left in the middle of these cases often<br />

without a voice. I was concerned to learn at the meeting<br />

of the Family Business Committee that as of September<br />

2009 in <strong>Derby</strong>shire there were 96 private children law<br />

cases that had been unallocated - i.e. CAFCASS reports<br />

had been ordered but no practitioner appointed to<br />

compile the report - and even more disturbingly 9 public<br />

law cases where a Guardian had not been appointed. I<br />

understand from reading Christina Blacklaw’s article in<br />

the <strong>Law</strong> <strong>Society</strong> Gazette recently that this is the tip of the<br />

iceberg and that in London there are well over 400 cases<br />

of children without Guardians. This is a difficult time<br />

for all of us managing staff levels, budgets and income<br />

- surely there should be a resolution?<br />

Whilst on family law, Fiona Apthorpe is trying to collate<br />

all family practitioners’ email addresses so that we can<br />

send information out more promptly, as relying on the<br />

6-weekly Bulletin sometimes means that news is less<br />

timely than it might be. Please respond.<br />

I also attended the <strong>Derby</strong> County Court Users Group<br />

and amongst other things learned that there is still a<br />

Buxton County Court which sits on a Tuesday. This will<br />

continue but the administration for the County Court will<br />

be moving to <strong>Derby</strong> County Court on the 16th November<br />

2009.<br />

I am also pleased to report that Lofty the kitten has<br />

received his first piece of fan mail. As my family returned<br />

from a night away staying at a friends there was a note<br />

through our door asking if anyone owned a very cute<br />

tabby kitten. I went round to the neighbours dreading<br />

the bill that she was going to present me with for the<br />

damage caused. Instead her two children asked if they<br />

could adopt Lofty because he was so loveable and the<br />

neighbour proceeded to show me pictures on her mobile<br />

phone that she had taken of our kitten on their bed on<br />

the Sunday morning. I am looking at alternative income<br />

streams by wondering if I can rent him out on a regular<br />

basis.<br />

Within the Bulletin as always there are various events<br />

such as the Quiz and the Skills Triathlon which is on<br />

Wednesday 25th November 2009 again at <strong>Derby</strong> University.<br />

Please encourage your trainees and newly qualifieds to<br />

enter.<br />

Julia Saunders<br />

President, 2009-10<br />

<br />

www.derbylaw.net<br />

www.derbylaw.net


Membership News<br />

Banner Jones wins award<br />

Banner Jones have been voted Regional <strong>Law</strong> Firm of the Year 2009<br />

in the Acquisition Finance Magazine Country Awards 2009.<br />

ACQ Finance Magazine is a leading corporate finance publication<br />

which undertakes an independent poll of industry peers, who were<br />

encouraged to vote on those deals and subjects that they think<br />

stood out from the crowd in the last 12 months.<br />

Chris Sellars, Director and Head of Business Legal Services: ‘We<br />

are delighted to be awarded this level of recognition for the work<br />

we do: we have had some high profile, high value deals over the last<br />

few years including advising on the land purchase and construction<br />

contract for Chesterfield Football Club’s new stadium, and this<br />

award highlights the achievements of the team, even in this difficult<br />

market’.<br />

The firm who merged with Cotton and Co in 2007 have continued to<br />

forge a place in the Sheffield legal market over the last 2 years.<br />

Arthur makes the national dailies!<br />

This picture was featured in the Sunday Times Guide to Universities<br />

2010 on September 13, to accompany the article on <strong>Derby</strong> University.<br />

In the foreground is Vicky Eynon, the overall winner of the first<br />

Triathlon 3 years ago, who is now a trainee at OMW Solicitors in<br />

Burton - and on the ‘Bench’ sits our own Hon. Secretary, Arthur<br />

Titterton.<br />

Does this mean that we shall now see ‘As seen in the Sunday Times’<br />

feature on Hardy Miles Titterton’s letterheads?<br />

News<br />

Important changes to letterheads and<br />

billing notifications<br />

With effect from October 1st, 2009:<br />

• Limited company solicitor firms should show their Companies<br />

House number on their letterhead, fax header, website, email<br />

auto signatures etc<br />

• LLP solicitor firms need to show the number with which they are<br />

registered at Companies House in the same places;<br />

• Unincorporated partnerships must show the number with which<br />

their firm is registered with the SRA in the same places again<br />

• Sole practitioners are subject to a similar requirement to show<br />

their SRA number but they have until 1 January 2010 to make<br />

the change.<br />

Remuneration certificates – abolished!<br />

The Solicitors’ (Non-Contentious Business) Remuneration Order<br />

2009 came into force on 11 August and repeals the remuneration<br />

certificate system. The Legal Services Act, 2007 abolished that<br />

process and these regulations implement that step.<br />

This means:<br />

• Your bills or other notification sent to clients prior to deducting<br />

costs from monies in client account or before commencing<br />

proceedings to recover costs must be amended to refer the<br />

client or other entitled person to their rights in relation to having<br />

the bill assessed by the court under sections 70, 71 and 72 of the<br />

Solicitors Act 1974; and,<br />

• You must inform the client or other entitled person in writing<br />

that you are entitled to charge interest on the outstanding<br />

amount of the bill in accordance with article 5 of the Solicitors’<br />

(Non- Contentious Business) Remuneration Order 2009.<br />

It is essential that any provisions about interest are in your terms of<br />

business otherwise you may only recover interest on non-contentious<br />

costs in accordance with unwieldy processes being the <strong>Law</strong> <strong>Society</strong>’s<br />

determination of interest due or the outcome of detailed assessment.<br />

These new provisions are in an “emergency rule” which is rule 2.08 of<br />

the Code and guidance notes 48 and 49A.<br />

We hope this e-mail is helpful. If we can assist in connection with<br />

any of the issues raised or any other compliance or partnership<br />

related matters call either Tony Guise or Sabina Rinker and they<br />

will be pleased to discuss the issues with you.<br />

GUISE<br />

Partners: Tony N Guise, Sabina Rinker<br />

1 Alie Street London E1 8DE<br />

t: 020 7264 0350 f: 020 7264 0351 DX 522 London City<br />

I have been contacted by a member who has unearthed some <strong>Law</strong><br />

<strong>Society</strong> Gazettes and Solicitors’ <strong>Journal</strong>s dating from 1949 to<br />

1960. There are enough to fill a box that would have contained 12<br />

bottles of wine. If anyone is interested in them - (the magazines not<br />

the wine!), please contact admin@derbylaw.net and I will forward<br />

the message on. Otherwise I am told they go to the paper bank.<br />

Skills Triathlon 2009<br />

Last year’s competitors and judges compare notes prior to the awards ceremony<br />

We can confirm that we already have more than the requisite number of 8 Triathlon entries from among the ranks of member firms’<br />

trainees and newly-qualified solicitors - however, as the closing date is Oct 23 don’t let that put you off from making (or encouraging<br />

others to make) a last-minute entry - just make sure that your tie-break statement is a good one!<br />

Perhaps the decision to offer pre-Triathlon advocacy training has helped to remove some of the concerns felt by those who have not yet<br />

gained much advocacy experience - or perhaps firms are beginning to recognise the benefits of allowing their younger members to gain<br />

or practise valuable skills in a risk-free environment - but whatever the reason, thanks to those who have entered and those who have<br />

allowed them to take a day out to do so.<br />

The Triathlon will take place at <strong>Derby</strong> University on Wenesday November 25th - whether your firm has entered anyone or not, please feel free<br />

to come along and see how the contestants make out.<br />

We look forward to announcing the results in the January 2010 issue of the Bulletin.<br />

✁<br />

Application for Skills Triathlon 2009<br />

DERBY & DISTRICT LAW SOCIETY IN ASSOCIATION WITH UNIVERSITY<br />

OF DERBY’S SCHOOL OF LAW AND CRIMINOLOGY<br />

DATE OF TRIATHLON: 25th NOVEMBER 2009<br />

VENUE: UNIVERSITY OF DERBY<br />

DEADLINE FOR SUBMISSION OF APPLICATION: 23rd OCTOBER 2009<br />

NAME: ………………………………………………………………………………………............<br />

FIRM/ORGANISATION: …………………………………………………………………........<br />

……….................................................................................................................<br />

ADDRESS: …………………………………………………………………………………............<br />

……....................................................................................................................<br />

…………………………………………………………………………………………………..............<br />

DX: ………………………………………………..............................................................<br />

TELEPHONE: …………………………………...........................................................<br />

E-MAIL: ………………………………………………………………………...........................<br />

EITHER: (Trainees) EXPECTED DATE OF QUALIFICATION:<br />

………………………….................................................<br />

OR<br />

(Newly-qualifieds) DATE OF QUALIFICATION: ………………………………...<br />

WHY DO YOU WANT TO TAKE PART IN THIS EVENT AND HOW DO YOU<br />

THINK IT WILL BENEFIT YOU? (This statement may be used as a tie<br />

break in the event of more applicants than places)<br />

……….................................................................................................................<br />

……….................................................................................................................<br />

……….................................................................................................................<br />

……….................................................................................................................<br />

……….................................................................................................................<br />

Signed: ……………………………………………………………………………………...........<br />

Dated:<br />

…………………………………….<br />

PLEASE RETURN THIS APPLICATION TO :<br />

SUE JENNIINGS, 9B SILVER LANE, ELVASTON, DERBY DE72 3TQ<br />

BY NO LATER THAN 23rd OCTOBER 2009.<br />

www.derbylaw.net www.derbylaw.net


Social Events<br />

Please display this poster on your staff noticeboards<br />

Annual Dinner 2010<br />

Friday February 5th, 2010,<br />

Pride Park Stadium<br />

Arrangements have been finalised for the <strong>Society</strong>’s premier<br />

social event of the year, the Annual Dinner. As usual it will<br />

be held on the splendidly alliterative First Friday in February,<br />

which in 2010 will be February 5th.<br />

In the face of the credit crunch last year’s attendance was<br />

significantly lower than the normal 425-seat sell-out – in fact<br />

attendance nearly halved, at 225. In recognition of the pressures<br />

which may still face some firms the <strong>Society</strong> has decided to hold<br />

the ticket price at last year’s £35.00 + VAT, in the hope that we<br />

will se an upturn in numbers this year. Please bear in mind that<br />

the VAT rate is scheduled to rise from 15% back to 17.5% on<br />

January 1st 2010, so if you book before the new year the price to<br />

pay will be £40.25, but if you book after that, or if you send in a<br />

post-dated cheque, the cost will be £41.13.<br />

The format will be the<br />

same as previous years –<br />

black tie for gentlemen,<br />

bars open at 7 pm with a<br />

late bar ‘til 1 am, and 3<br />

speakers all briefed to be<br />

entertaining, and if they<br />

can’t be entertaining, to<br />

be short! In addition to<br />

President Julia Saunders<br />

we will be hearing from DJ<br />

(Mags) Joanne Alderson<br />

and David Gunson.<br />

Joanne is well–known<br />

locally and is a regular<br />

guest at the Dinner who<br />

has now agreed to sing<br />

Main speaker David Gunson for her supper. David<br />

Gunson comes from the<br />

same speaker stable as last year’s Brendan Healy – and those who<br />

missed last year’s Dinner will no doubt have heard what a treat<br />

they missed. He is a former Air-Traffic Controller who served<br />

his time at Birmingham International Airport, and has gained an<br />

excellent reputation on the after-dinner speaking circuit being a<br />

past winner of the American Express Speaker of the Year Award<br />

for his hugely entertaining and unique perspective on modern air<br />

travel – a subject of which we all have our own experiences, and<br />

on which we all no doubt hold our own views!<br />

As usual firms can reserve private rooms or space in the bar<br />

area for pre-Dinner drinks receptions – if you wish to make such<br />

arrangements please do so with Pride Park directly via Events<br />

Co-ordinator Lisa Cundy on 01332 667 564.<br />

Please book your places using the Booking Form elsewhere in<br />

this Bulletin.<br />

MENU<br />

678<br />

Layered sun-blushed red pepper &<br />

Mozzarella with basil pesto<br />

•<br />

Supreme of Chicken Chasseur,<br />

filled with wild mushrooms, sun-dried<br />

tomato & tarragon farcé,<br />

with a white wine jus<br />

Vegetarian alternative:<br />

Tagliatelle with char-grilled vegetables,<br />

sun-blushed tomatoes,<br />

basil & olive oil<br />

•<br />

Belgian Chocolate Mousse<br />

Alternative:<br />

Fresh Fruit Salad<br />

•<br />

Tea, Coffee and petits fours<br />

East Park<br />

Communications<br />

Full solution providers<br />

for sales & marketing<br />

training, event<br />

management & publishing<br />

Tel: 0151 691 4925 simon@epc.gb.com<br />

www.epc.gb.com<br />

<br />

www.derbylaw.net<br />

www.derbylaw.net


Sub-Committee news<br />

Training news<br />

Family <strong>Law</strong><br />

Fiona Apthorpe<br />

(01332 254124) Secretary<br />

The Family Sub Committee met on 25<br />

August. The next meeting is scheduled<br />

for 19 November and if members have any<br />

issues which they would wish the Committee<br />

to consider would they please advise a<br />

Committee member before that date.<br />

Email Addresses<br />

Matters occasionally crop up which we<br />

would wish to notify Family Practitioners<br />

about promptly and this is not always<br />

possible when Family Committee Meetings<br />

are held well in advance of the next issue of<br />

the <strong>Derby</strong> and <strong>District</strong> <strong>Law</strong> <strong>Society</strong> Bulletin.<br />

I would therefore ask all Family Practitioners<br />

who are interested in being kept up to date<br />

on matters of interest to let me have their<br />

email address. This will enable me to<br />

distribute information promptly, canvass<br />

opinion where necessary and distribute<br />

direct copies of the minutes of meetings to<br />

interested parties.<br />

Problems with the Fees<br />

Exemption Forms<br />

This issue has not been forgotten. Our<br />

Constituency Representative John Calladine<br />

has raised the matter with the <strong>Law</strong> <strong>Society</strong>’s<br />

Family <strong>Law</strong> Committee and we are waiting<br />

for further feedback.<br />

Representation in the Family<br />

Proceedings Court<br />

<strong>Derby</strong> FPC has agreed in principle for<br />

suitably qualified and approved non solicitor<br />

representatives providing representation at<br />

all pre trial hearings. This would not however<br />

extend to Final Hearings or contested hearings.<br />

We are in the process of agreeing the format<br />

for a general application form which would<br />

need to be sent to the Court accompanied<br />

by an endorsement from the firm’s senior<br />

partner. Once this has been approved and the<br />

procedure finalised we will notify members so<br />

that they can consider an application on behalf<br />

of relevant members of staff. The idea then is<br />

that the Court will maintain a list of authorized<br />

representatives who will be allowed to attend<br />

pre trial hearings without undue questioning<br />

from the Court.<br />

We should be able to give you a further update<br />

in the next Bulletin.<br />

CAFCASS<br />

For some time practitioners have been raising<br />

concerns about CAFCASS. The length of time<br />

currently being taken to prepare a report is<br />

frankly unacceptable and practitioners have<br />

expressed their concerns but there appears<br />

to be a lack of a coherent strategy to address<br />

the problem.<br />

The Committee were therefore pleased to be<br />

invited to a meeting called by the <strong>Derby</strong> Family<br />

Court Business Committee to discuss this<br />

issue. Representatives from the Committee<br />

attended together with representatives<br />

from the Bar, the service managers from<br />

CAFCASS <strong>Derby</strong> and Chesterfield, Clerks to<br />

the Justices and the local judiciary. Further<br />

information is awaited from CAFCASS<br />

<strong>Derby</strong> but the Family Committee remains<br />

deeply concerned that there appear to be no<br />

constructive plans with which either to deal<br />

with the existing long standing backlog nor<br />

to deal effectively with new cases. There is<br />

no clear indication as to the length of time<br />

CAFCASS will be asking for reports in <strong>Derby</strong><br />

although it has been made clear by the<br />

Court that routine requests for extensions<br />

for time will not be granted. Members<br />

should be aware of the President of the<br />

Family Divisions Interim Guidance on this<br />

issue which was issued on 30 July last. This<br />

sets out short term measures to achieve the<br />

necessary improvements to assist CAFCASS.<br />

It is not a Practice Direction but its aim is to<br />

put in place measures which will address<br />

the current backlog of work while preventing<br />

backlogs arising in respect of new work.<br />

Practitioners should be fully conversant with<br />

the contents of the Guidance.<br />

In the meantime we are waiting to hear further<br />

from CAFCASS as to the length of time which<br />

it is realistically going to take for CAFCASS<br />

to prepare routine reports. Practitioners<br />

are asked to review all family cases where<br />

a CAFCASS report has been requested.<br />

Consideration should be given as to whether<br />

there are any other potential methods of<br />

proceeding (withdrawing the request for a<br />

report, direct negotiation, mediation etc). If<br />

there are any cases which have been resolved<br />

in the meantime the Court and CAFCASS<br />

need to be informed immediately.<br />

In the meantime if you let me have your<br />

email address (see above) I will let you have<br />

a copy of the minutes of the meeting as soon<br />

as available.<br />

Local Court Business<br />

A repeated plea from Burton County Court<br />

not to use corners on documents filed with<br />

the Court as these cause Court files to<br />

become unnecessarily bulky.<br />

Burton has also endorsed a point recently<br />

made by <strong>Derby</strong> that Trial Bundles in family<br />

proceedings are failing to comply with the<br />

Practice Direction. Bundles are frequently<br />

poorly prepared, missing documents and are<br />

regularly being filed late. Practitioners may<br />

want to re-read the words of Munby J in X v<br />

Y (Bundles) [2008] EWHC 2059 (fam). Failure<br />

to comply with the Practice Directions could<br />

lead to public naming and shaming, costs<br />

orders payable by the Solicitors, having<br />

cases put to the end of the list or being taken<br />

out of the list altogether and adjourning to a<br />

future date. You have been warned!!<br />

In addition, could Practitioners please also<br />

remember to serve mortgagees and pension<br />

providers. Failure to do so could lead to the<br />

hearing being adjourned. If this happens<br />

on the morning of the Final Hearing with<br />

Counsel, Solicitors, parties and witnesses<br />

all present, the costs consequences are<br />

obvious.<br />

Christmas Meal<br />

The Sub Committee has it in mind to<br />

organise a Christmas meal for all interested<br />

family practitioners. The plan is to organise<br />

something in <strong>Derby</strong>, no where particularly<br />

expensive and to invite all family practitioner<br />

members together with any Family Judges,<br />

CAFCASS Officers or Guardians who may be<br />

interested in joining us.<br />

Would anybody who is interested please<br />

contact Fiona ASAP (fiona.apthorpe@<br />

robinsons-solicitors.co.uk) and once we<br />

have gauged potential interest/numbers we<br />

will organise a date.<br />

Fiona Apthorpe<br />

You will note from the training programme summary on p. 12 that a<br />

number of new CLT courses have been added to the <strong>Society</strong>’s CPD<br />

training programme, as follows;<br />

Family <strong>Law</strong> Update, October 23rd, Hallmark Hotel, <strong>Derby</strong>; 6 hours<br />

Prison <strong>Law</strong>, October 27th, Chesterfield; 6 hours<br />

Sexual Abusers & their Partners – Dilemmas in Assessment & Child<br />

Welfare, March 11th 2010, <strong>Derby</strong>; 3 hours<br />

Commercial Leases, 2010 Masterclass, April 28th, Chesterfield; 6 hours<br />

Trust & Estate Accounts, May 14th, <strong>Derby</strong>; 5 hours<br />

Complying with the Solicitors’ Code of Conduct: Regulations, Guidance &<br />

Procedures, May 25th, Chesterfield; 3 hours<br />

Lenders’ Handbook Compliance – Avoiding Negligence Claims,<br />

September 2nd, <strong>Derby</strong>; 5 hours<br />

Wills Trusts & Probate Planning after the Finance Act 2008, September<br />

23rd, Burton; 3 hours<br />

Mortgage Possession Actions in the County Court – a start to finish guide,<br />

October 5th, <strong>Derby</strong>; 3 hours<br />

Please make a diary note of these courses should they be of interest, to<br />

avoid booking more expensive equivalents at less convenient locations.<br />

Contact Disputes & How to Survive Them<br />

Tuesday October 27th, 2009; 9.30 for 10 – 12.30: 2.5 CPD hours<br />

Members & support staff £40.25, non-member solicitors £64.50 (both<br />

inc. VAT). <strong>Derby</strong> University.<br />

We are pleased to arrange this joint seminar with KCH Chambers. The<br />

seminar will cover the following issues:-<br />

• Exploring options available to parents<br />

- Mediation<br />

- Collaborative <strong>Law</strong><br />

• The Court process<br />

- Domestic Abuse<br />

- S. 9.5 Guardians<br />

- CAFCASS – Reports, Family Support Worker<br />

- S& & 47 Reports<br />

- The use of other professionals<br />

- Expert’s reports<br />

• Litigants in person:<br />

- McKenzie friends<br />

- Preparation for hearings<br />

• The interface with Public <strong>Law</strong> Proceedings.<br />

Speakers: Pam Dhadli and Anne Williams of KCH Chambers<br />

Ancillary Relief Proceedings - Getting it Right<br />

Tuesday October 27th, 2009; 1.30 for 2.00 – 4.30 pm; 2.5 CPD hours<br />

Members & support staff £40.25, non-member solicitors £64.50 (both<br />

inc. VAT). <strong>Derby</strong> University<br />

We are pleased to arrange this joint seminar with KCH Chambers. The<br />

issues to be covered include:<br />

• Options for Settlement Pre Issue<br />

- Mediation<br />

- Collaborative <strong>Law</strong><br />

- Negotiation<br />

• Issuing the Application<br />

- Background<br />

- Disclosure<br />

- Form E<br />

- Pension considerations<br />

• Preparing for 1st Appointment<br />

• Preparing for FDR<br />

• Judges’ Tips and Pet Hates!<br />

Speakers: Pam Dhadli and Anne Williams of KCH Chambers<br />

NOTE: If both courses are booked for the same delegate a discounted<br />

combined booking fee of £64.40 / £103.20 will be charged, saving<br />

approximately. 20%.<br />

However please note that lunch will not be provided.<br />

Dealing with Referrals - commercial<br />

opportunity or regulatory nightmare?<br />

Thursday Oct 29th, 2009; 5 for 5.30 – 7.30 pm; 2 CPD hours<br />

Members and support staff £34.50; non-member solicitors £51.76 (both<br />

inc. VAT). <strong>Derby</strong> University.<br />

Introduction<br />

Referrals are a hot topic both with the profession and its regulators;<br />

whether we like it or not referrals are here, and here to stay for the<br />

foreseeable future. Breaches of the referral rules are viewed very seriously<br />

by the SRA so you cannot afford to ignore them.<br />

This is a key seminar for partners and senior managers who have<br />

responsibility for deciding whether their firms should accept referrals of<br />

work from claims management companies and other organisations.<br />

Content<br />

This seminar will cover, inter alia:<br />

• The referral rules<br />

• Guidance on how you can comply with the rules<br />

• ‘Real life’ examples of what you should be watching out for<br />

when referrers approach you<br />

Presenter<br />

The seminar is presented by Brian Rogers, Operations Director and Head<br />

of Risk and Compliance at Lewis Hymanson Small, who advises law firms<br />

and Claims Management Companies on their referral arrangements. He<br />

has been a senior manager within the legal profession for over 17 years<br />

dealing with all aspects of law firm management, including, risk and<br />

compliance, and has presented training seminars to various organisations<br />

including <strong>Law</strong> Societies, professional groups, law firms, the Institute of<br />

Legal Practice Management, clients, etc, and provide firms with advice on<br />

various management topics<br />

Any ideas for new courses?<br />

Peter Ball has regular planning meetings with CLT, so if you have any<br />

suggestions for topics to be added to the CPD programme let him have<br />

them before then.<br />

In an effort to keep training costs down the <strong>Society</strong> is also looking<br />

to run course directly (as evidenced above), usually of between<br />

1 and 2 hours’ duration, to be run at <strong>Derby</strong> University from 5.30<br />

pm onwards to minimise loss of fee-earning time. Again, if you<br />

have any suggestions for suitable topics and/or suitable sources<br />

of speakers, please contact Peter Ball on 01283 815030 or at:<br />

admin@derbylaw.net.<br />

10 www.derbylaw.net<br />

www.derbylaw.net 11


DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2009-10<br />

Area<br />

Course<br />

Title<br />

CPD<br />

Hours<br />

Date Level* Venue Book Via**<br />

2009 2009 2009 2009<br />

Civil Litigation<br />

Civil Litigation<br />

Update 2009<br />

6 22 October 09 Update <strong>Derby</strong> - tbc CLT<br />

Family Family <strong>Law</strong> Update 2009 6 23 October 09 Update<br />

Family<br />

Contact disputes and<br />

how to survive them<br />

Hallmark Hotel,<br />

<strong>Derby</strong><br />

2.5 27 October 09 (am) Intro/Update <strong>Derby</strong> University Peter Ball<br />

CLT<br />

<strong>Derby</strong> & <strong>District</strong> <strong>Law</strong> <strong>Society</strong> Event Booking Form<br />

PLEASE SEND THIS ENTIRE FORM TO:<br />

Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, <strong>Derby</strong>shire DE65 5GQ<br />

Name: ……………………………………………………………………………………………………………………………………………………………………............................................<br />

Firm: ……………………………………………………………………….…………………....…………………………….....................................................................................<br />

Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................<br />

Tel. No.: ………………………………………………………………..................................Email Address.: ……………………………………………………………….................<br />

Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...……………………....................................<br />

Family<br />

Ancillary Relief<br />

proceedings - getting<br />

it right<br />

2.5 27 October 09 (pm) Intro/Update <strong>Derby</strong> University Peter Ball<br />

Event Date Venue Time CPD Members*<br />

Non-<br />

Member<br />

solicitors<br />

TOTAL<br />

FEE*<br />

Criminal <strong>Law</strong> Prison <strong>Law</strong> 6 28 October 09 Intro/Update Chesterfield - tbc CLT<br />

Places @ (incl VAT) Places @ (incl VAT)<br />

Management (e)<br />

Referrals - commercial<br />

opportunity or<br />

regulatory nightmare?<br />

2 29 October 09 Intro/Update <strong>Derby</strong> University Peter Ball<br />

Contact<br />

Disputes &<br />

how to<br />

survive them<br />

Tuesday<br />

October 27th<br />

2009<br />

<strong>Derby</strong><br />

University<br />

9.30 for<br />

10.00 am<br />

- 12.30 pm<br />

2.5 £40.25 £64.50<br />

Family<br />

Ancillary Relief, Debt &<br />

Bankruptcy -<br />

Safe as Houses?<br />

3 12 November 2009 Inter/Update tbc CLT<br />

2010 2010 2010 2010<br />

Commercial<br />

Property<br />

Wills & Probate<br />

Family<br />

Commercial<br />

Property<br />

Wills/Trusts/<br />

Probate<br />

General /<br />

Management<br />

Property<br />

Wills/Trusts/<br />

Probate<br />

Overage - Problems &<br />

Solutions<br />

Wills & Probate<br />

Update 2010<br />

Sexual Abusers & their<br />

Partners - Dilemmas<br />

in Assessment & Child<br />

Welfare<br />

Commercial leases<br />

- 2010 Masterclass<br />

Trust & Estate Accounts<br />

- Getting them right<br />

Complying with the<br />

Solicitors’ Code of<br />

Conduct; Regulations<br />

Guidance & Procedures<br />

Lenders’ Handbook<br />

Compliance - Avoiding<br />

Negligence Claims<br />

Wills Trusts & Probate<br />

Planning after the<br />

Finance Act 2008<br />

3 12 Jan 2010 Inter/Update tbc CLT<br />

5 23 Feb 2010 Update tbc CLT<br />

3 12 March 2010 Intermediate <strong>Derby</strong> - tbc CLT<br />

6 29 April 2010 Adv/Update Chesterfield - tbc CLT<br />

5 15 May 2010 Intermediate <strong>Derby</strong> - tbc CLT<br />

3 26 May 2010 Inter/Update Chesterfield - tbc CLT<br />

5 3 September 2010 Update <strong>Derby</strong> - tbc CLT<br />

3 24 September 2010 Adv/Update Burton - tbc CLT<br />

Ancillary<br />

Relief<br />

Proceedings<br />

- Getting it<br />

right<br />

Contact<br />

Disputes AND<br />

Ancillary<br />

Relief<br />

JOINT<br />

BOOKING<br />

Referrals<br />

– Commercial<br />

Opportunity<br />

or Regulatory<br />

Nightmare?<br />

Annual Quiz<br />

2009<br />

Annual<br />

Dinner 2010<br />

Tuesday<br />

October 27th<br />

2009<br />

<strong>Derby</strong><br />

University<br />

1.30 for 2.00<br />

am - 4.30<br />

pm<br />

Suggestions for future CPD courses, especially for support staff:<br />

2.5 £40.25 £64.50<br />

See Above See Above See Above 5 £64.40 £103.20<br />

Thursday<br />

October<br />

29th, 2009<br />

Thursday,<br />

November<br />

26th, 2009<br />

Friday<br />

February 5th<br />

2010<br />

<strong>Derby</strong><br />

University<br />

5.00 for 5.30<br />

- 7.30 pm<br />

Pride Park 7 for 7.30pm -<br />

2 £34.50 £51.75<br />

£15 per<br />

team of 4<br />

£15 per<br />

team of 4<br />

Pride Park 7 for 7.45pm - £40.25 £40.25<br />

Residential<br />

Property<br />

Mortgage Possession<br />

Actions in the County<br />

Court - A start to finish<br />

guide<br />

3 6 October 2010 Inter/Update <strong>Derby</strong> - tbc CLT<br />

…………………………………………………………………………………………………………………………………………………………………………………………………………………………<br />

Signature:<br />

Date:<br />

KEY<br />

* Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update<br />

** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900<br />

** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030.<br />

** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSE<br />

Italics indicates new/amended information, or an addition to the programme<br />

D&DLS Members qualify for significant discounts on the above & other CPD courses & will receive details of CLT courses personally 4-6 weeks beforehand. FOR D&DLS Direct<br />

EVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.<br />

PLEASE NOTE: if you are booking a course for more than one person, or for someone other than yourself, please indicate the name,<br />

position and membership status (Member/non-Member) of the attendee(s) overleaf, and ensure that the fee paid is appropriate;<br />

*trainees/Legal Execs/paralegals/support staff enjoy the Members discounted rate NON-MEMBER SOLICITORS DO NOT (try joining<br />

instead!)<br />

*Please make out separate cheques for each event payable to DERBY & DISTRICT LAW SOCIETY<br />

and post-date each to the date of the event.<br />

12 www.derbylaw.net<br />

www.derbylaw.net 13


East Midlands Regional Office<br />

Recruitment / Positions Vacant<br />

New professional<br />

indemnity insurance<br />

helpline<br />

The <strong>Law</strong> <strong>Society</strong> has launched a dedicated<br />

helpline to provide information to firms<br />

incurring difficulties obtaining quotes for<br />

professional indemnity insurance.<br />

The helpline number is 020 7320 9545<br />

and you can e-mail the team at PII@<br />

lawsociety.org.uk. Lines are open 08:00-<br />

18:00 Monday-Friday.<br />

Assigned Risks Pool: key information for<br />

prospective entrants<br />

It is clear from calls to our professional<br />

indemnity insurance (PII) helpline, that<br />

a significant number of solicitors are<br />

struggling to obtain financially viable or<br />

indeed any quotes for cover during the<br />

current renewal period. The <strong>Law</strong> <strong>Society</strong><br />

is concerned about this and we are asking<br />

action to address this trend and the<br />

unhelpful market practices of a number<br />

of qualifying insurers, which appear to<br />

have increased the problems inherent in<br />

a hardening market.<br />

However, it appears likely that an<br />

increased number of firms will not be able<br />

to secure PII cover before the 1 October<br />

deadline and will therefore be required to<br />

enter the ARP, find a successor practice<br />

or to go into run-off. The <strong>Society</strong> has<br />

sought urgent clarification from the SRA<br />

so that firms are fully aware of their<br />

position on:<br />

• entering the ARP<br />

• the 1 October deadline<br />

• the rules governing early exit<br />

For full details on these issues please<br />

visit the website www.lawsociety.org.uk/<br />

professionalindemnity<br />

Qualified to answer:<br />

get free promotional<br />

materials<br />

Due to popular demand we have added<br />

a campaign logo to our list of free<br />

promotional materials which solicitors<br />

can use to promote their practices as<br />

part of our latest national advertising<br />

campaign. The campaign runs from 21<br />

September to 31 November 2009 and aims<br />

to help members attract new business<br />

and retain existing clients during the<br />

downturn.<br />

Find out more at: www.lawsociety.org.<br />

uk/promote<br />

PC fee following<br />

Regulatory Changes<br />

The PC fee will increase from £995 this year<br />

to £1180 for 2009/10. The <strong>Law</strong> <strong>Society</strong>’s<br />

spending for 2010 will remain flat following<br />

cuts during 2009, meaning that <strong>Law</strong><br />

<strong>Society</strong> support is provided to solicitors for<br />

a little less than the cost of a daily quality<br />

newspaper. However, capital spending<br />

on the Solicitors Regulation Authority<br />

IT project, a likely fall in numbers of PC<br />

holders and the implementation costs of<br />

the Legal Services Board and the Office for<br />

Legal Complaints has lead to the increase.<br />

To read more about the background to the<br />

increase view: http://www.lawsociety.org.<br />

uk/newsandevents/news/view=newsarticle.<br />

law?NEWSID=421557<br />

Spread the cost of the PC fee<br />

We have launched a new membership<br />

benefit offering you the ability to spread<br />

the cost of your annual renewal fees,<br />

including practising certificate (PC)<br />

and other associated SRA fees, with<br />

a competitive fixed rate loan product.<br />

This new facility has been created in<br />

conjunction with E B Commercial Finance<br />

and Premium Credit, a Bank of America<br />

Company. More details can be found on<br />

the website.<br />

Co-operative and Britannia Building<br />

<strong>Society</strong><br />

The <strong>Law</strong> <strong>Society</strong> was alerted on<br />

Wednesday 19 August that the building<br />

society intended, immediately, to<br />

serve one month’s notice on 3,600<br />

sole practitioner conveyancing panel<br />

members. The <strong>Society</strong> has requested an<br />

urgent meeting with the Chairman Bob<br />

Burlton and has written to the building<br />

society to express its deep concerns<br />

about the impact this move will have on<br />

these businesses and access to justice.<br />

You can read the letter at: http://www.<br />

lawsociety.org.uk/new/documents/2009/<br />

lettertobritannia200809.pdf<br />

Following discussions between the <strong>Law</strong><br />

<strong>Society</strong> and the newly merged Britannia<br />

and Co-operative Financial Services,<br />

sole practitioners will remain on the<br />

Britannia/Co-op conveyancing panel until<br />

4 October.<br />

Abbey and new Santander<br />

Following negotiations with Abbey, panel<br />

firms with pipeline instructions have<br />

been reinstated to Abbey’s mortgage<br />

panel and a new procedure for the<br />

appointment of new and existing firms<br />

has been initiated. Abbey and Alliance<br />

& Leicester are requesting you sign up<br />

to an aligned Santander UK Panel. We<br />

were aware of their intention to revise<br />

their standard terms and conditions but<br />

were not consulted on the details or the<br />

contents of the standard letter.<br />

British & German Legal<br />

and Accountancy Match<br />

Making Event, 5 - 6<br />

November<br />

UK Trade & Investment is organising<br />

an event to bring together British and<br />

German partners or senior managers<br />

with the aim of building alliances and<br />

links between German and English<br />

accountancy and law firms from London<br />

and the East Midlands. The event is aimed<br />

at British and German firms with clients<br />

investing or setting up companies in each<br />

other’s countries or needing a partner to<br />

handle cross border transactions.<br />

Places are limited to one person per firm<br />

and 4 law firms and 4 accountancy firms<br />

from the East Midlands, so book now to<br />

avoid disappointment. Please contact<br />

Samantha Rankin for further details.<br />

If you have any questions regarding the<br />

information above, or regarding any<br />

other concerns please do not hesitate to<br />

contact me.<br />

Samantha Rankin<br />

Regional Manager, East Midlands<br />

Samantha.rankin@lawsociety.org.uk<br />

T: 0116 232 5168 / M: 07976 182 177<br />

Advance Legal is a modern and progressive law firm<br />

focusing mainly on personal injury, conveyancing and<br />

employment law, but also other areas.<br />

Due to on-going expansion we are seeking to fill the following<br />

positions:<br />

Personal Injury Solicitors<br />

We are looking for solicitors from newly qualified upwards, to<br />

run files and/or to supervise. Note that we obtain all our own PI<br />

work directly from clients and do not use any referral companies<br />

whatsoever.<br />

•<br />

Trainee Solicitors / Legal Executives / Paralegals /<br />

Trainee Legal Executives<br />

To work in our personal injury department. ILEX qualifications are<br />

desirable though not essential. Further training will<br />

be given.<br />

Those seeking a training contract are always initially set on<br />

as paralegals.<br />

•<br />

Please apply in writing enclosing a CV,<br />

directly to:<br />

Mrs Pauline Spence, Advance Legal Solicitors,<br />

Suites 1-13, Imex Business Park,<br />

Shobnall Road, Burton-upon-Trent,<br />

Staffs, DE14 2AZ<br />

Solicitor required at our DERBY<br />

Office to take over and develop<br />

existing caseload with particular<br />

emphasis on ancillary relief.<br />

Enthusiasm, a sense of humour and<br />

a willingness to develop marketing<br />

initiatives are essential.<br />

Robinsons are regulated by the Solicitors<br />

Independent Board Director<br />

Amber Valley Housing is a not-for-profit local<br />

housing company, registered with the Tenant<br />

Services Authority, and belongs to Futures<br />

Housing Group. It has over 5,500 properties<br />

in the Amber Valley area. We have a vacancy<br />

on our board for an Independent Board<br />

Director, and we are particularly interested to<br />

hear from legal professionals to ensure the<br />

appropriate balance of skills on our Board.<br />

Board Directors are central to the decisionmaking<br />

process of the business. The Board<br />

meets at approximately 7 times per year, in<br />

the evening.<br />

Currently, Board Directors are unpaid, but<br />

out-of-pocket expenses are reimbursed.<br />

Family <strong>Law</strong> Department<br />

Regulation Authority (54424) and are an<br />

Equal Opportunities Employer.<br />

Closing date: 13 November 2009<br />

Please apply with cv to :<br />

Rob Styles Practice Manager,<br />

Robinsons Solicitors,<br />

St James Court,<br />

<strong>Derby</strong> DE1 1BT<br />

Consideration is being given to the<br />

remuneration of the Board, and a decision is<br />

likely to be made in early 2010.<br />

If you are interested in being part of this<br />

forward-thinking, customer-focused, growing<br />

organisation join us.<br />

For an information and application pack<br />

please contact:<br />

Katy Martin, Governance Officer<br />

Amber Valley Housing Limited<br />

Asher House, Asher Lane<br />

Ripley, DE5 3BF<br />

Email: katy.martin@futureshg.co.uk<br />

Tel: 0845 094 8314<br />

Closing date for applications: Monday 2<br />

November 2009.<br />

Mediation Matters Ltd specialises in Employment Mediation.<br />

Based centrally within the East Midlands,<br />

we operate throughout England.<br />

Associate opportunities exist for<br />

Accredited Employment Mediators<br />

We are seeking to expand our network of self-employed associates<br />

to undertake employment mediation on an ad-hoc basis. An<br />

accredited Employment Mediator, you will be able to demonstrate a<br />

proven track record through the provision of relevant case studies.<br />

We undertake a vetting process to ensure that all of our Mediators<br />

are suitably skilled. We also carry out observed mediations<br />

periodically to ensure that the continued high quality and<br />

impartiality demanded of our associates is maintained.<br />

In return our associates have access to a mentor scheme and the<br />

opportunity to meet with other professional mediators to discuss<br />

continued best practise, exchange ideas and aid their development.<br />

Please note that mediation opportunities are based on demand<br />

and geography.<br />

For further information please contact Julia Chisholm, Director,<br />

Mediation Matters Ltd, 11 Sycamore Road, Matlock,<br />

<strong>Derby</strong>shire, DE4 3HZ<br />

tel: 01629 888269 email: info@mediation-matters.co.uk<br />

ROBOTHAM & CO.<br />

are looking for an experienced solicitor for<br />

PRIVATE CLIENT WORK<br />

Full or part time considered<br />

Apply in confidence to:<br />

Nigel Green<br />

3, St. Mary’s Gate<br />

<strong>Derby</strong><br />

DE1 3JE<br />

Tel: 01332 346018<br />

Family Mediation Forum offer private and<br />

publicly funded mediation to clients in and<br />

around <strong>Derby</strong> and at a number of outreach<br />

centres. As a result of recent expansion we<br />

are looking to recruit LSC approved mediators<br />

from either a legal or therapeutic background<br />

to work on a sessional basis.<br />

Applications should be made with<br />

accompanying CV to:<br />

Liz Guyler, Rodin House,<br />

Ivy Grove, Ripley, <strong>Derby</strong>shire, DE5 3HN<br />

or email: lizguyler@eglegal.co.uk<br />

14 www.derbylaw.net www.derbylaw.net 15


Pledge, Volunteer, Adopt...<br />

“Fundraising activities are not just oneoffs.<br />

They go on month after month and<br />

year after year. We are so grateful to the<br />

people who organise these events and<br />

the money they raise. Each pound raised<br />

helps to ensure a happy life for retired<br />

greyhounds,” he added.<br />

The Retired Greyhound Trust, the national<br />

charity dedicated to finding homes for<br />

greyhounds at the end of their racing<br />

careers, has homed more than 45,000 dogs<br />

since it was set up in 1975. The tireless<br />

commitment and hard work of thousands<br />

of volunteers and an array of fundraising<br />

activities, sponsorships, donations and<br />

legacies left by generous supporters are<br />

key to the success of the Trust’s work<br />

(www.retiredgreyhounds.co.uk).<br />

This powerful combination – dedicated<br />

volunteers giving their time freely to<br />

the Retired Greyhound Trust’s 70 or so<br />

branches across Great Britain and a<br />

myriad initiatives raising much-needed<br />

funds to house and home these dogs<br />

– means that around 4,500 retired<br />

greyhounds went to live with caring<br />

owners and families last year.<br />

Around 9,000 greyhounds retire from racing<br />

each year, most at the age of around three<br />

or four. This means that after their racing<br />

careers, greyhounds have around 10 good<br />

years left in them and need to find homes to<br />

enjoy a happy life. While some owners will<br />

adopt greyhounds, many are left needing<br />

homes. After retirement, greyhounds<br />

undergo a transformation. They change<br />

from being the fastest breed of dog to<br />

‘couch potatoes’ that love lolling around<br />

and sleeping in a comfy place. Retired<br />

greyhounds are peaceful and calm and<br />

need just two 20 minutes walks a day. The<br />

much-needed funds ensure these dogs are<br />

16 www.derbylaw.net<br />

housed in kennels until a home is found for<br />

them with a caring owner or family.<br />

Without funds, the charity will struggle<br />

to continue its great work in caring and<br />

finding homes for retired greyhounds.<br />

With funds, the Retired Greyhound Trust<br />

can carry out checks to ensure homes<br />

are safe and secure for the dogs. Funds<br />

also ensure that the greyhounds are fit<br />

and healthy before they arrive at their<br />

new home – the dogs are neutered,<br />

vaccinated, wormed and flea treated.<br />

The Retired Greyhound Trust is incredibly<br />

grateful to volunteers who throughout<br />

country every year come up with ways to<br />

raise money.<br />

Ivor Stocker, Director of the Retired<br />

Greyhound Trust, said: “We never cease<br />

to be impressed by all the hard work<br />

which our volunteers do to look after the<br />

dogs and raise funds.<br />

“Our greyhound lovers work so hard to<br />

come up with new ways of securing money<br />

- some run marathons, others arrange<br />

raffles, sponsored walks, special events,<br />

outings and community walks. There<br />

are garden fetes, kids clubs, dog shows,<br />

raffles and parades – and even a Pet-a-<br />

Porter fashion at Harrods. We have also<br />

seen a naked Lady Godiva on a horse in<br />

the West Country! And, on Easter Monday,<br />

scores of greyhounds wearing Easter<br />

Bonnets gathered in Walthamstow!<br />

However, it’s not just about these fantastic<br />

fund-raisers. If a person or family is unable<br />

to take a greyhound into their homes or<br />

organise a fundraising event but would still<br />

like to do their bit to support the charity,<br />

they can help out by volunteering to walk a<br />

retired greyhound at a local branch. They<br />

can help by sponsoring a greyhound. Or,<br />

some generous supporters leave a legacy<br />

for the Trust. Greyhound sponsorships and<br />

legacies provide vital financial support for<br />

looking after the dogs – ensuring clean and<br />

safe kennels, and a healthy life.<br />

Providing funds for retiring greyhounds,<br />

in turn, paves the way for the dogs to give<br />

back something back to society. Owing to<br />

their affectionate and gentle nature, for<br />

example, greyhounds around the country<br />

are working as PAT (pets as therapy) dogs,<br />

visiting the elderly in care homes, children in<br />

schools, and patients in hospitals. Because<br />

they are so fit and healthy, greyhounds are<br />

also excellent candidates for canine blood<br />

donation. Their natural patience ensures<br />

that they lie calmly and happily while they<br />

give blood.<br />

To leave a legacy, help out by walking a<br />

greyhound, to sponsor a greyhound, to<br />

raise money for the Trust or if you would<br />

like to provide a home for a greyhound,<br />

contact the national office on 0844 826<br />

8424 and they can put you in touch with<br />

your local branch.


What can be achieved through effective office<br />

technology management?<br />

Environmental Risks are still Significant<br />

colour without permission or restricting the number of copies that can<br />

be printed in a day. Secure print systems increase security and reduce<br />

waste as documents are only printed when authorised there and then<br />

by the user; it will also enable you to gain control of ordering associated<br />

consumables such as paper and toner.<br />

Effective document workflow management helps firms achieve cost<br />

savings, increase productivity and reduce their environmental impact.<br />

The cost of printing and photocopying is a growing problem for many<br />

organisations. At a time when costs are being scrutinised like never<br />

before, organisations continue to squander resources around print.<br />

Annual print spending typically accounts for 1 to 3% of an organisation’s<br />

annual revenue.<br />

Focusing on identifiable costs such as equipment, paper and consumables<br />

can return considerable savings, but this approach misses the larger<br />

opportunity. To realise the true benefits you must be able to look beyond<br />

print devices and get to grips with your document workflow.<br />

1. Assessment<br />

The first step is simply to pay attention to your whole environment. Many<br />

companies struggle to understand just how many printers reside in their<br />

business, how many pages are printed each month, or the cost of each<br />

sheet of paper that passes through their fleet.<br />

Audit your fleet of printers with an assessment of your organisation’s<br />

print activities, indentifying all devices by model, specification and<br />

location. More detailed audits can also quantify the volume and cost by<br />

each device. The challenge is to understand your workflow.<br />

2. Optimise technology<br />

Once you have this information you can start to optimise your technology.<br />

Think about replacing desktop printers with shared multi-functional<br />

devices that can print, copy, scan, and distribute documents. Balancing<br />

devices can improve performance, maximise return on investment and<br />

reduce total cost of ownership. The requirements of your printing and<br />

copying environment will also change as your business evolves, so it<br />

makes sense to periodically re-evaluate your needs. Often, features that<br />

once seemed important are no longer needed.<br />

4. Document management<br />

Document management is not just for large companies, organisations of<br />

all sizes can benefit. By moving to a more widespread use of electronic<br />

media, you will be able to secure your documents, increase office floor<br />

space and improve communication through shared files. Document<br />

management will help reduce the total cost of ownership for your print<br />

and copiers, as well as reduce energy consumption and environmental<br />

impact through consolidation and optimisation.<br />

Case Study:<br />

5 partner firm with 2 offices<br />

The award-winning, single sign-on document management system is<br />

easy to operate, reduces waste and improves document security as well<br />

as cost-accounting.<br />

Challenge<br />

• Meet demand for integrated print, copy, scan and fax<br />

• Reduce waste and increase document security<br />

• Provide cost-tracking software to record every document produced<br />

Solution<br />

• Multifunctional Devices (MFD’s)<br />

Result<br />

• Single sign-on, swipe card system or PIN coded access with instant<br />

authentication<br />

• Centralised print pods with MFD’s<br />

• Secure document release from any MFD when user swipes their<br />

ID card<br />

• Integrated software instantly attributes every<br />

document to correct cost code<br />

To find out more and discuss the content of this article please contact:<br />

David Wright<br />

Corporate Account Manager, on:<br />

0113 244 5050<br />

or dswright@ikon.com<br />

NB: To obtain the special D&DLS members’ discount on any subsequent<br />

purchases, quote reference DDLS02.<br />

If you are not the person in your firm who is responsible for your office<br />

equipment, please pass this article on to whoever is.<br />

Environmental risk issues continue to maintain a<br />

high profile in the media. The recent High Court<br />

decision linking a cluster of claimants suffering<br />

birth defects to reclamation of a former steelworks<br />

received extensive coverage. Although the case<br />

related to negligence, public nuisance and breach<br />

of statutory duty rather than the specific law on<br />

contaminated land, it is an important reminder of<br />

the potential consequences of living in the vicinity<br />

of sites presenting environmental risks. This<br />

demonstrates the importance of providing the<br />

client with information and advice which enables<br />

them to make an informed decision regarding the<br />

environmental issues associated with a property<br />

that they are looking to purchase.<br />

One of the key questions that this presents is how<br />

can you be certain that a property which a client<br />

wants to buy is not likely to be situated close to a<br />

landfill site or other contaminative use? Accurate,<br />

reliable information is the key. As a consequence,<br />

conveyancers need to be vigilant when carrying<br />

out due diligence on environmental, flooding and<br />

planning issues to ensure that their clients are<br />

protected and aware of the key issues associated with<br />

the property that they are purchasing. Landmark<br />

Information Group is the market leading supplier of<br />

environmental, flood risk and planning reports to<br />

help conveyancers in achieving this aim.<br />

Although most solicitors routinely commission<br />

an environmental report as part of their searches<br />

and enquiries on all transactions, some still rely<br />

on local knowledge or simply fail to recognise the<br />

need to carry out an environmental search. The <strong>Law</strong><br />

<strong>Society</strong>’s Warning Card relating to environmental<br />

issues provides guidance on what constitutes best<br />

practice with regard to dealing with environmental<br />

risk and contaminated land in particular. The<br />

Warning Card indicates that solicitors should<br />

consider the applicability of advice on environmental<br />

liability and contaminated land in particular in<br />

relation to each transaction that they deal with.<br />

Environmental searches are used as a means of<br />

providing information and guidance on the level of<br />

risk associated with a property.<br />

Environmental risk will remain on the agenda<br />

for the foreseeable future. It is vital that legal<br />

advisors are aware of the tools available to carry<br />

out effective due diligence. This facilitates the<br />

provision of essential information to client and<br />

protects the position of the legal advisor’s firm at<br />

the same time.<br />

In the coming months Landmark Information Group<br />

will be working with <strong>Derby</strong> & <strong>District</strong> <strong>Law</strong> <strong>Society</strong><br />

to present a CPD seminar on environmental and<br />

flood risks. Further information regarding date and<br />

venue will be available shortly.<br />

Peter Riddleston<br />

Training & Development Manager<br />

Landmark Information Group<br />

3. Control Print<br />

Ongoing control of your print is essential to ensure it continues to operate<br />

at peak performance. Print management tools can place restrictions on<br />

printing rights to help manage costs, like removing the ability to print in<br />

18 www.derbylaw.net www.derbylaw.net 19


Severn Trent Searches<br />

High Prices in 2009 for Gold & Silver<br />

New Utilities Package in our commercial search portfolio<br />

Severn Trent Searches now provide gas, electricity and telecoms products, as<br />

part of our commercial search portfolio. We’re offering these as a valuable<br />

utilities package together with our Commercial Drainage & Water search – all<br />

for just £260 plus VAT!<br />

This new utilities package is made up of gas, electricity and telecoms searches,<br />

along with our drainage & water report. These utilities products can be purchased<br />

as a bundle package, saving our customers both time by providing detailed plans<br />

for all utilities to a commercial property, and also money – at a competitive price<br />

of just £260 plus VAT!<br />

The Electricity Search is provided by Central Networks, the electricity distribution<br />

business of E.ON UK. It gives a copy of Central Networks’ plan of the property<br />

and immediate area, showing the position and voltage of overhead lines,<br />

underground cables, substations and LV distribution boxes. The search includes<br />

a written report with advice, guidance and useful contact details for commercial<br />

conveyancing customers.<br />

The Telecoms Search is provided by BT Open Reach and details where apparatus such<br />

as poles and overhead cables, kiosks, underground routes, inspection chambers,<br />

jointing chambers and distribution points are situated. It also provides details of any<br />

easements and way-leave agreements that affect the commercial property.<br />

Utility Search provide the Gas Mains Search, which gives a plan showing the<br />

approximate position of all pipes to which a connection may be made. It also<br />

includes details of grants, way-leave agreements and any other statutory notices.<br />

To complete this Utilities Package, we include our Commercial Drainage & Water<br />

search in with this bundle. Our drainage and water report contains 24 questions<br />

– including all of the detail in our HIP-compliant residential CON29DW drainage<br />

and water search, plus any trade effluent information. This report covers all<br />

water and sewerage queries from water pressure, sewer flooding and water<br />

quality, as well as advice on the connection status, adoption agreements and<br />

the location of pipes. The report states who’s responsible for all the water and<br />

drainage facilities, and determines whether or not existing pipes or works could<br />

affect planning consents.<br />

Severn Trent Searches provide a one-stop shop for commercial conveyancers<br />

and developers, with a wide range of reports in our commercial search<br />

portfolio. We’re able to carry out searches on everything from subsidence and<br />

contamination through to council planning applications, drainage and water and<br />

chancel liability – all under one roof.<br />

We always look at ways to make our service even better. By listening to our<br />

customer’s feedback we have found that commercial conveyancers often require<br />

plans on all the utilities at a property, by purchasing each search separately<br />

incurs both time and cost. General Manager, Mark Jarvis says; ‘Our customers<br />

tell us there is a need for a full utilities offering from known providers and at a<br />

great rate. This is exactly what we hope to offer.’<br />

Mark continues; “We have done the hard work for our customers, by scaling the<br />

market to find great products from known providers offering detailed reports.<br />

And we can offer all 4 reports for just £260 plus VAT”.<br />

As a further enhancement to our commercial portfolio we’re also pleased to<br />

be able to offer a new local authority search from Onesearch Direct - personal<br />

search using data collected directly from local authorities. It guarantees accuracy,<br />

covering all findings with a comprehensive Information Accuracy Warranty and<br />

full professional indemnity cover.<br />

Combine this new local authority search addition to our wide range of commercial<br />

searches, our extensive customer support and you’ll find we’re the only search<br />

provider you need. Mark says; “We’re always improving our service to bring<br />

customers even more useful searches. We think these new additions to our<br />

range offer just that.”<br />

For more information about any of our commercial searches:<br />

Call 0115 962 7269 or visit www.severntrentsearches.com<br />

NB: The Utilities Package is only available within the Severn Trent region<br />

Maximise the value of your antiques<br />

for your clients<br />

Antiques often come on the open market from deceased<br />

estates and it is as an Independent Auctioneer and Valuer I<br />

firstly prepare a Probate Valuation and then advise the client<br />

on the most appropriate place to sell them in order to achieve<br />

the maximum price for them.<br />

Current trends for Silver & Gold<br />

As I write this I see the price of gold and silver have gone up again.<br />

As an Antiques Valuer when I talk about the price of antique silver<br />

and gold it is always much high than the price quoted for scrap<br />

only. The scrap value of silver is over £8.26 per troy ounce and<br />

£521.01 per ounce for 22ct gold at the present time. There is a<br />

great danger when precious metal prices are very high that those<br />

with collections of silver and gold think they will get a higher price<br />

for them if they sell them for scrap. This is not the case, most items<br />

of silver and gold which I value have an intrinsic value of their own<br />

and Continental silver in particular can often be over looked as the<br />

marks are very often unlike English silver hallmarks.<br />

Other areas of interest at the moment are Russian, Indian and<br />

Oriental items. The strength of the market for Oriental items such as<br />

porcelain, jade and works of art is better than it has ever been. The<br />

changing economic climate in these countries together with the live<br />

bidding facility at specialist auctions means that Russian and Oriental<br />

items in particular are now making more than ever before.<br />

Vivienne Milburn valuing a silver dish worth £3,000-5,000.<br />

As these items are selling so well, my advice to clients and<br />

collectors who are thinking of selling is to do it now and optimise<br />

on the market whilst it is strong. Russian items are at a premium<br />

as with this collection of Russian silver gilt and cloisonné enamel<br />

ware, (below) dating from the early 20th Century period. The large<br />

pedestal bowl or Bratina made £2,090; the cream jug by Orest<br />

Kurlyukov, only 10cm high made £2,340; and the Kovsh enamelled<br />

with a Russian Palace made £3,900.<br />

DLC CASE STUDIES<br />

DLC Investigations is a reputable firm of Private<br />

Investigators with offices based in Cheshire and<br />

Manchester city centre opening shortly.<br />

We have been in the security industry for over 25 years and<br />

have a highly skilled and experienced team of both male and<br />

female Private Investigators and Surveillance Personnel.<br />

DLC offers a full range of services tailored to individual needs<br />

for both private and corporate clients, including:<br />

1. Business Partner Issues<br />

A corporate client telephoned our offices late one Wednesday evening<br />

requesting an urgent meeting due to the fact that he suspected that his<br />

business partner was using their offices, facilities and finance to launch<br />

his own business.<br />

DLC were tasked to carry out an in depth investigation into this individual,<br />

his personal finances and to obtain intelligence via investigation and<br />

electronic surveillance in order to obtain leverage to force a resignation<br />

or face prosecution.<br />

We were able to obtain information from our client’s computer and<br />

telephone system, thus providing recordings of conversations and also<br />

emails proving that the target was indeed going into competition with his<br />

(at the time) business partner.<br />

Items like this require a specialist<br />

sale, so if you would like a valuation<br />

and advice please contact Vivienne<br />

Milburn FRICS on:<br />

• Blackmail Issues<br />

• Undercover Operations<br />

• Surveillance & Vehicle Tracking<br />

• Missing People & Tracing Individuals<br />

• Corporate Investigations<br />

• Security Services<br />

• Fraud Investigations<br />

• Debt Collection<br />

DLC Investigations Limited<br />

Cheshire House, 3-5 Market Street,<br />

Disley, Cheshire SK12 2AA<br />

Tel: 0844 277 2500<br />

Fax: 0844 277 2501<br />

Email: cheshire@dlcinvestigations.co.uk<br />

As a result of our investigations we were able to provide enough evidence<br />

to force the Director to resign. He willingly took that option rather than<br />

going through lengthy legal channels.<br />

2. Garden Centre Theft<br />

A client with several garden centres enlisted the help of DLC Investigations<br />

to investigate allegations of theft among its workforce at one site, even<br />

though the company had security guards and CCTV at all sites. We<br />

installed several hidden cameras and eavesdropping equipment one<br />

evening at the problem site. We also placed a covert investigator within<br />

the team that was under suspicion to obtain evidence to aid legal action<br />

and dismissal of three employees.<br />

Our young female investigator was able to (with the aid of electronic<br />

eavesdropping devices, hidden cameras and physical evidence) gain the<br />

intelligence needed to support a prosecution.<br />

The result in this case was prosecution of both security and company<br />

personnel. Some of the stolen property was also obtained and returned.<br />

01629 640210<br />

or 07870 238788<br />

vivienne@viviennemilburn.co.uk<br />

www.viviennemilburn.co.uk.<br />

20 www.derbylaw.net<br />

www.derbylaw.net 21


The dynamics of the legal sector<br />

Practitioners could certainly be forgiven<br />

for seeing rain approaching.<br />

Mirroring his 2007 prediction of 3000 firms disappearing, Stephen<br />

Mayson, of the Legal Services Policy Institute, has recently<br />

reiterated his bleak outlook with lawyers’ over-focus on autonomy<br />

cited as a primary cause. Tony Williams, of the consultancy<br />

Jomati, has similarly referenced the sector’s pending fundamental<br />

transformation whilst legal “futurist” Richard Susskind confidently<br />

predicts some services disappearing from view altogether.<br />

The dynamics driving this forlorn outlook out are well rehearsed.<br />

“Generation Y’ers” viewing “geographic proximity” as to a PC rather<br />

than a High Street; the evolving “customer journey” dragging online<br />

and offline providers into hand to hand combat; IT facilitating “white<br />

label” services and Legal Process Outsourcing; the rise of legal<br />

“factories” for standardised offerings… and, of course, a certain<br />

supermarket…<br />

But is the outlook really so bleak and the legal sector’s current<br />

position so unique? For those willing to act, the answer is “no”.<br />

First some reality. What is happening is called competition and if<br />

there is competition there is opportunity. “But this is different”<br />

I hear. Really? Change is endemic – just ask Polaroid, the corner<br />

shops, the “national carrier” airlines, employees of town centre travel<br />

agencies…<br />

Secondly, the services provided by lawyers, save at the most<br />

standardised end, have much greater scope for personalisation than<br />

many supermarket offerings. The reality too is that mass providers<br />

cannot do everything and typically struggle to mass produce products<br />

lacking a fast turnover. Don’t believe me? Well buy some steak from<br />

your supermarket, then from your local butcher and then decide.<br />

Thirdly, are the market’s dynamics really flowing only against current<br />

participants? That sounds similar to computers heralding the entry<br />

of the paperless office (they didn’t!). What about outsourcing IT<br />

platforms so avoiding capital outlays and reinforcing relationships<br />

and brand promotion through IT-enabled virtual networks? What of<br />

automated cross-selling and tailored delivery of personalised services<br />

for (increasingly well-informed) customers’ personal affairs? If they<br />

look like opportunities and smell like opportunities…<br />

Finally, time is still, just about, on your side. As the strategy specialist<br />

Markides notes in “Fast Second”, and proven dramatically by Apple<br />

and Amazon, second really can be best. Let the trailblazers plot the<br />

map and find (get eaten by?) the dragons and then follow. It may not<br />

be intrepid but it can certainly prove effective.<br />

So the future’s unequivocally bright?<br />

I wouldn’t go that far. It will be tough and there will be losers. Some<br />

sectors may well have changed forever but, in a market, reward<br />

necessitates risk. So where do you stand?<br />

The management guru Peter Drucker noted that the biggest danger<br />

in turbulent times is acting with “yesterday’s logic”. That is the key.<br />

Challenge your assumptions about tomorrow’s world. Look outside<br />

your “tunnel vision” view of tomorrow born of years of stable regulation.<br />

What is approaching? What if the supermarkets do enter? What if<br />

your two local rivals merge? Stop, think, plan for varying scenarios,<br />

monitor and implement as the future unfolds. Don’t firefight. Act<br />

systematically, create a formalised process of challenge and managed<br />

innovation and begin your transformation now.<br />

Amidst those storm clouds I promise there really are rays of<br />

sunshine. You just need to look.<br />

James Dunning<br />

Geotrupes Consulting<br />

www.geotrupes.co.uk<br />

Applying <strong>Law</strong> Exceptionally<br />

22 www.derbylaw.net www.derbylaw.net 23

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