Derby & District Law Society Journal - insitelaw
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Derby & District Law Society Journal - insitelaw
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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 />
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