D&DLS Bulletin - insitelaw

D&DLS BulletinDerby & District Law Societywww.derbylaw.net January 2010Skills Triathlon Winners ‘09!Full results on page 16Annual Inter-Firm Quiz Results- see page 8Also in this issue: Cannabis Valuation - Art or Science? • Why Invest? • CPDANNUAL DINNER - still time to book your place - see pAGE 8This issue sponsored by Landmark Information Group

D&DLS BulletinDerby & District Law Society January 2010Contents3 - Editorial7 - In Memoriam14 - Membership News20 - Cannabis Valuation4 - List of Officers8 - Social Events16 - Skills Triathlon21 - The SBA5 - President’s Page10 - Why Invest?17 - Landmark21 - Mare & Foal Sanctuary6 - Council Member’s Report12 - CPD Programme18 - Dad-Check22 - Book Review7 - News13 - Booking Forms19 - Property - Land Charges23 - DLC Case StudiesEditorial457 Burton Road, Littleover, Derby, DE23 6XXFor conferences, meetings, wedding receptions,parties, anniversaries and family events• A perfect venue for conferences,meetings, seminars or anyother event• The Hall is set in private grounds intranquil surroundings and has severalconference and meeting roomsEast ParkCommunicationsFull solution providers forsales & marketing training,event management & publishingAs I write this on January 6th the snow is fallinggently outside my window and I have beenhearing of members having to dig themselvesout in order to get to the office, of children beingsent home from school, and in other parts ofthe country, complete paralysis and the end ofcivilisation as we know it. On the one hand weare warned about global warming (althoughthe scientific community seems to be dividedamong itself on that one) and on the other weare told that we are having the coldest winterfor ages – although as yet no-one has tried toblame the bankers (or ‘fat-cat lawyers’) foreither.I hope you all had a suitably relaxing FestivePeriod and have returned to work adequatelyrefreshed to tackle whatever the coming yearholds in store. On p7 John Calladine brings someearly Good Tidings concerning BVT, but I guessthat for most the year ahead is still promising adegree of uncertainty about just when the ‘greenshoots’ will appear and things can get back tosome semblance of pre-Recession normality.However all is not lost – if by the end of Januarya month back at the coal-face coupled withthe inevitable post-Xmas period of detox andabstinence is likely to be getting you down,provide yourself with a guaranteed antidoteby booking yourself and colleagues in to theAnnual Dinner (details p8). Remember, ifthat’s how you are likely to be feeling it willalso apply to your most valued clients andbusiness contacts, who will therefore be morethan grateful if you are able to offer them somerespite too. Having taken a table for the firsttime last year, Severn Trent Searched havekindly agreed to sponsor this year’s Dinner– which underlines what a hugely enjoyableevent they felt it to be – so why risk missingout? We will not pretend that numbers are ashigh as they used to be in the ‘good old days’(ie 2 years ago) so there are plenty of placesavailable if you are quick (under the newcatering regime at Pride Park we will have toconfirm numbers a week before the event soby the time you receive this Bulletin you willneed to move reasonably quickly).Elsewhere in this issue you will find theresults of the Annual Quiz (also p8) and alsothe Skills Triathlon (p16), and in Julia’s articleon p5 you will find details of her President’sGolf Day on April 28th, with a booking formfor all you budding Tiger Woods (perhaps notsuch a good role-model, after recent events!)on p13.One sad item is the In Memoriam for PhilipRichards, who gave up his fight againstcancer shortly before his 60th birthday, andwho is remembered by Kevin O’Donnell.Well, the snow seems to have stopped, soit’s time to put on a woolly hat, warm glovesand wellies and nip out to build a snow-man(sorry- snow-person)!I hope to see you at the Dinner.Peter Ball• Top class service with excellentcuisine and great facilities• Up to 150 delegatesaccommodatedVisit our website www.grangebanqueting.comOr contact us to arrange a tour and we willsend you a brochureTel. 01332 771770e-mail: grange.banquetingsuite@virgin.netTel: 0151 691 4925simon@epc.gb.comwww.epc.gb.comPublished by:EAST PARK COMMUNICATIONS Ltd.Old School House, Liscard Road, Liscard,WallaseyCH44 5TNTel: 0151 691 4925simon@epc.gb.comwww.epc.gb.comAdvertisingSimon CastellManaging EditorPeter BallMarketingDenise ChallenerDesign and ProductionEast Park StudioAccountsDaniel GlickmanMedia No.1049PublishedJanuary 2010© East ParkCommunications Ltd.Legal Notice© East Park Communications Ltd.None of the editorial or photographsmay be reproduced without prior writtenpermission from the publishers. EastPark Communications Ltd would liketo point out that all editorial commentand articles are the responsibility of theoriginators and may or may not reflect theopinions of East Park CommunicationsLtd. Correct at time of going to press.www.derbylaw.net

Officers and Committee Members for 2010Julia’s jottingsMembers of theFull CommitteePresident*Julia SaundersMoody & Woolley, DerbyTel: 01332 344221js@moodyandwoolley.comVice President*Andrew CochraneFlint Bishop, DerbyTel: 01332 340211Via nikki.rennie@flintbishop.co.ukDeputy Vice-President*Christine BallOMW Solicitors, BurtonTel: 01283 530333christineball@omwsolicitors.co.ukHonorary Secretary*Arthur TittertonHardy Miles Titterton,South NormantonTel: 01773 580280atitterton@hmtlegal.comHonorary Treasurer*Julia SaundersMoody & Woolley, DerbyTel: 01332 344221js@moodyandwoolley.comImmediate Past President*Nigel AndersonAnderson Partnership,ChesterfieldTel: 01246 220737nigel@andersonslaw.co.uk(* = Ex-Officio; Members of Fulland Standing Committees)Parliamentary Liaison Officer (+)Mary HoneybenElliot Mather,ChesterfieldTel: 01246 231288;mary.honeyben@elliotmather.co.ukPublic Relations Officer (+)VacantConstituency CouncilRepresentative,Derbyshire(+)John CalladineTel/Fax: 01332 574259Mobile: 07802714513calladinej@googlemail.comDerbyshire Young Lawyers (+)Tara WoolleySmith Partnership,DerbyTel: 01332 225225tara.woolley@smithpartnership.co.uk(+) attend Committee byinvitationSolicitors’ Benevolent Assoc.area representativePeter Lord9 Larkhill, Swanwick, DE55 1DDTel: 01773 541753Fiona ApthorpeRobinsons, DerbyTel: 01332 254124 (Direct line)fiona.apthorpe@robinsonssolicitors.co.ukJudith BarnesTimms, BurtonTel: 01283 561531judith.barnes@timmssol.co.ukLionel ConnerSamble Burton & Worth, BurtonTel: 01283 565731lionelc@sbw.ccGraham DeanTel: 01889 591176grahamandangela@yahoo.co.ukDavid HardyHardy Miles Titterton, RipleyTel: 01773 747000dhardy@hmtlegal.comMary HoneybenElliot Mather, ChesterfieldTel: 01246 231288mary.honeyben@elliotmather.co.ukKaren HughesFlint Bishop, Derby01332 340211karen.hughes@flintbishop.co.ukSue JenningsTel: (M) 07946 609436robskelding@squarise.co.ukBabul MiahChapman & Chubb, AlfretonTel: 01773 540480babul.miah@chapsol.comSarah NashRobinsons, DerbyTel: 01332 291431sarah.nash@robinsonssolicitors.co.ukQuentin RobbinsBroadbents, DerbyTel: 01332 369090alisonlambley@btconnect.comLewis Rose, OBEFlint Bishop, DerbyTel: 01332 226127lmrose@flintbishop.co.ukLouise WongDerby CLACTel: 01332 228718louise.wong@citizensadviceandlawcentre.orgSusan WoodallOMW Solicitors, BurtonTel: 01283 530333info@omwsolicitors.co.ukStephen WoolleyRobinsons, DerbyTel: 01332 291431stephen.woolley@robinsonssolicitors.co.ukAdministrator / Bulletin EditorPeter Ball,The Old BarnHatton Fields, Sutton LaneHilton, Derbys. DE65 5GQTel/Fax: 01283 815030e-mail: admin@derbylaw.netSub-Committees(Secretary in italics)Professional/RegulatoryPurposesSubsumed into the FullCommittee –working groups to be convenedaccording to the subject at hand.FinanceNigel Anderson, Julia Saunders,Arthur Titterton, QuentinRobbins.Civil LitigationStephen Woolley,Nigel Anderson,Mary Honeyben, Judith Barnes,John Calladine, David Hardy,Paul Hackney (01332 331631)Stephen Savage (01332 559281).Education & TrainingSue Jennings,Judith Barnes,& all Sub-CommitteeSecretariesFamily LawFiona Apthorpe,Julia Saunders,Arthur Titterton,Christine Ball (01283 530333),Melanie Bridgen (01283 226444),Diana Copestake (01332 372372),Tessa Dunleavy (01332 347300),Tim Evans (01246 211006),Naomi Hickman (01332 364436),Ruth Jones (01332 346084),Fiona Lazenby (01332 340211).Criminal LitigationQuentin Robbins,Nicola Hunter (01332 346111),Andrew Cash (01332 346111),Kevin Waddingham (01332 346111),Chris Hallas (01332 362509),Andrew Oldroyd (01332 346084),Jonathan Taaffe (01246 209773).Property LawVacant, Sue Woodall,Adrian Crowther(01332 340211),Rachel Bale(01283 561531),Natalia Delgado(01246 231288),Sally Gill(01246 231288),Stephen Gordon(01246 270112),Michael Taylor(01773 822333),Hugh Walford(01773 823999),Elizabeth Wallis(01629 812613),Andrew Cross(01629 582308),Charlotte Rosser(01332 291431).Probate/Wills/Trusts incl.Elderly ClientSarah Nash,Duncan Lyon (01773 744744),Laura Nayler (01332 254168)Nigel Green (01332 346018)Fred Parkinson (01246 231288)Anne Weaver (01332 340211).Employment and Business LawKate Linge (01332 221722)Jenny Eades (01332 361000),Michael Copestake,Andrew Cochrane.(Last updated 6 th January 2010)HAPPY NEW YEAR TO EVERYONE!It is official - I have over-manufacturedChristmas. Being pretty much left tomy own devices to plan and executeChristmas for the entire family my listmakingcapabilities went into overdriveand everything was ready well inadvance. Next year I am tempted to leaveChristmas to the men of the family to seewhat we end up with.Since the last Bulletin it has been a busytime. The annual Skills Triathlon heldin conjunction with the Derby Universitywas a great success. A separate reportappears elsewhere but the event goesfrom strength to strength and alsomaintains the local Law Society’s linkswith the University. Thank you to allthose who took part, particularly to Sue Jennings who I cannot believehas the patience to undertake eight separate negotiations all on thesame subject matter in the same day! I understand that the Universitystill plan on being one of the first providers in the country of the newvocational LPC course and that coincidentally the SRA visit for this wasthe day before the Triathlon.The Quiz was a great success as usual. My thanks to Peter for settingthe questions and being the compere. I always think my generalknowledge is good until the annual quiz! The only let down was thecatering at Pride Park and again my thanks to Peter who photographedthe offending “nibbles” which Pride Park were trying to charge anextortionate amount for and which, thanks to Peter’s representations,ended up being free.The Derby Society of Chartered Accounts Dinner was well attendedand enjoyable. One local firm of accountants apparently uses it as itsChristmas Dinner and takes all of their staff – a novel idea but difficultto do as our Dinner is in February. Please book tables and no throwingbread rolls at the speakers.This was followed by a fun packed Monday evening which started witha very well attended Family Court Justice meeting. I am afraid thatone or two of us mentioned that now we have a woman taking up thereigns, i.e. District Judge Williscroft, we have Minutes of Meetings andAgendas to work from.Immediately following this was a reception at the Derby Council Housefor the appointment of the new Recorder of Derby, Judge John Burgess.Congratulations to him on his appointment which is a resurrection ofan old Office that is designed to promote the link between the localauthority and the criminal courts. It was nice to catch up with a fewpeople that I had not seen for a while at the reception and also chatto some of the criminal Judges who I have known previously only byname and the odd photo in the Derby Evening Telegraph. It was alsointeresting to meet the Mayor of Derby, Sean Marshall, for the secondtime in as many weeks. He is one of the younger people to have heldthe office and apparently has surprised those around him by jumpingout of planes on parachutes and abseiling down buildings as well asapparently eating up to 15 “Official Meals” in a week; he will be attendingour Dinner in February so it will not be getting any easier for him!This coming Friday (Jan 8th –weather permitting!) I am tochair a meeting of the East Midlands Association of LawSocieties with guest appearances from Edward Garnier MPand Linda Lee who is the Vice President of the Law Society.Obviously I will report back not only at what happens on themeeting but also on what the East Midlands Association ofLaw Societies hopes to achieve because I have to confess thatbefore I became a member of the Committee of the Derby andDistrict Law Society was not aware of their existence and thisis the first meeting that I will have attended.Later on in the Bulletin there is a booking form for the GolfDay on Wednesday 28th April 2010 at Branston. You will seethat the cost is a very reasonable £38 each and will include18 holes of golf, prizes, nearest the pin competition, longestdrive competition and a fish and chip supper. Please do feelfree to use the day as an opportunity not only to get togetherwith fellow lawyers but also to bring guests along. A certainPI lawyer whom I see at the school gates has apparentlythreatened to come along so I look forward to seeing somenew faces on the day!Julia SaundersPresident, 2009-10www.derbylaw.netwww.derbylaw.net

Law Society Council Member’s reportNewsIn MemoriamJohn CalladineIt started as a hum. The Councilmembers and their guests weregathered for the annual ChristmasDinner in Chancery Lane. The wassailshad just begun. The hum went round theroom rising in intensity until it became“The Hallelujah Chorus”. The LSCand the Government had announcedthe abandonment of the proposals fora BVT Pilot. Great was the rejoicing,heartily were the bumpers emptied atthe meal and lustily the carols weresung at the conclusion of the evening.The Barbarians will be back at the gatesometime in the future but for now aVictory is a Victory to be savoured.Unsurprisingly at the Council Meetingthe next day there was the unusualatmosphere of – well lets call it - pleasantsatisfaction. Even the Executive’s reportof the proposed Law Society Budget withit’s plethora of Charts – Flow, Pie and Bar- was received with same optimism as itwas presented. “There may be troubleahead but while there’s moonlight andmusic and love(!) and romance(!) letsface the music and dance”. In termsof “trouble ahead” one of the “knownunknowns” which has appeared on thehorizon is a potential liabilty for theSociety for compensation under theTransfer of Undertakings Regulationswhen the “inhouse” Legal ComplaintsService (LCS) passes its responsibilitiesto the Office for Legal Complaints (OLC).The Law Society had always understoodfrom Government that the change wouldbe structured in such a way that noliabilty would arise for the Society butas with other “understandings” withGovernment this may be unravelling– not least because contrary to originalexpectations the OLC intends to relocateto Birmingham. Additionally the originalexpectation that the existing LCSstaff would move seamlessly to OLCmay not now come to pass. There is awhiff of potential litigation with “thepowers that be” in the air because thefinancial implications for the Society areconsiderable.A further major item on the Agenda wasthe long awaited consultation paperfrom the Legal Services Board (LSB) onAlternative Business Structures (ABS) –wake up at the back you will be tested onthese acronyms. A disturbing element ofthis paper is the indication that the LSBhave not realised that it is essential thatABSs are regulated in fundamentallythe same way as mainstream solicitorspractices. The consultation paper – atfirst blush – appears to assume thatdifferent regulatory regimes will apply– even down to different DisciplinaryTribunals. While only a consultation paper– and TLS is providing a detailed reponseof representions – it is disturbing thatthe the new regulator begins it’s remitwith fundamental misconceptions.From the usual plum pudding of anAgenda two final matters of generalinterest. In the “what does the Law Societydo with our money?” category” mentionshould be made of one item whichregularly appears albeit always marked- as to the details – as “confidential”.This concerns legal actions in which –inevitably using the profession’s money– the Law Society intervenes or providessupport for members of the professionwho are involved or submit writtenrepresentations. These are limited innumber and only occur where essentialissues of access to justice arise or theoutcome affects a substantial sector ofthe profession. This month there were aparticularly representative sample: onea long running Human Rights case onthe issue of legal representation, onea European case on the protection byway of legal privilege of the advice of inhouse Counsel to their employer, a thirdinvolves claims by HMRC that certaindisbursements in PI cases attract VATlevied against the solicitor where thethird party is not VAT registered and afourth involves the issue of whether ornot a solicitor’s retainer with a client isan entire contract such that the solicitorcannot recover unbilled or unpaid feeswhere the solicitor withdraws fromthe retainer because mutual trust andconfidence has broken down.The final matter was the vexed questionof Data Protection. The Law Societyholds a not insignificant amount of dataon individual solicitors. Not merely onsuch matters as name, sex, contactdetails but also (e.g.) membership ofPanels and areas of specialisation. Thatdata comes under the DPA and may notbe used by the Society or released tothird parties. Thus (again as an example)I cannot ask the Society for the contactdetails of my constituents to send outindividual newsletters or news alertsnor can the President of D&DLS ask fordetails of newly-admitted solicitors inthe area to send a letter of congratulationor invite to a reception. Perhaps of moresignificance for TLS - now that it’srepresentative function requires it toraise income by marketing its servicesto the profession - it cannot use the datawhich it holds for this purpose. There istherefore (as an example) no prospect ofmarketing directly to interested partiesa tee-shirt bearing the legend “ I Luvan Intellectual Property Lawyer”. Beingserious, the restrictions of the DPA doinhibit TLS and Council Members fromdoing what its members elect it todo, namely to robustly represent andcommunicate with the profession. TheCouncil are therefore exploring waysby which this inhibition can be properlyovercome.In representing my constituents –whether they read this Bulletin or not– I would like to improve my lines ofcommunication. Therefore if you haveno objection to providing me with youremail address so that I can contact youdirectly on matters which maybe ofinterest or concern (and limited to that)please send those details to me at theemail on the inside cover of the Bulletin.The details you provide will not be usedfor marketing or disclosed to any thirdpartyFinally – although it may be a little late inthe New Year - can I extend to all readersmy personal Best Wishes for a Happy,Healthy, Fulfilling and Prosperous 2010.Civil Litigation - PISolicitors/barristers PI: ‘door of court’ settlement advice unlikely to befound negligentIn a recent decision, the courts have confirmed that they will notreadily consider lawyers’ settlement advice to have been negligentwhen such advice is given immediately before (or even during) trial.In Fraser v Bolt Burden & Others, the claimant had retained both asolicitor and a barrister to pursue a claim against a third party. On thefirst day of trial, the third party made an offer to settle which was forsignificantly less than the amount claimed. Nonetheless, the barristeradvised the claimant that she should make a counter offer only slightlyhigher than the third party’s offer. This was on the basis that theclaimant’s evidence was, in places, inconsistent and so there was arisk that the claimant’s claim would fail in its entirity. The claimant’ssolicitor agreed with the barrister’s advice. The third party acceptedthe counter offer.Due to the time constraints and pressures inherent in the trial process,all of this happened within a few hours; in contrast, the case had takensix years to reach trial.The claimant subsequently claimed against both the solicitor and thebarrister, arguing that the advice to settle had been hurried, ill thoughtout and wrong. On one analysis, it was easy to see that the claimantcould have held out for a much higher settlement or award.However, the court was not prepared to find in the claimant’s favour.It said that, as a matter of public policy, lawyers should encouragesettlement and this applies as much when a case reaches trial aswhen the case is first intimated. Given the environment within whichit is given, legal advice ‘at the door of the court’ “need not be right butshould be careful”.This is an interesting development and will give a degree of comfort tothose practising in this area (and their PI insurers). The key messageis to ensure that advice is balanced and reasoned; whilst courts willnot expect lawyers to undertake a full forensic analysis of a settlementposition within the time pressures of trial, any defence based solely onthose time pressures as a justification for ‘getting it wrong’ is still likelyto fall on deaf ears.Also the court in Fraser went on to confirm the law surroundingsolicitors’ ability to rely on advice received from barristers. The ‘usual’position is that solicitors must not blindly accept a barrister’s advice;some independent assessment of that advice must be made. However,where the barrister has extensive experience in the particular field, thesolicitor’s duty to assess will be relaxed. The court in Fraser seemedto suggest that, in assessing the merits of settlement immediatelybefore or during trial, barristers may well be in a better position toadvise than solicitors; they are arguably more experienced in assessinghow a party’s evidence will be (or has been) received by the court. Thesuggestion, therefore, was that, even if liability in Fraser had beenestablished against the barrister, the solicitor would have escapedliability.Whilst this general proposition may not readily be accepted by barristers(and it is certainly easy to pick holes in the logic - aren’t all settlementopportunities assessed against the strength of the evidence and thecourt’s likely approach?), it will give a furthercomfort to solicitors and,when joined with the remaining arguments in Fraser, should serveto discourage claims from dissasified claimants wishing to have aspeculative second chance.See: Fraser v Bolt Burden & Others [2009] EWHC 2906 (QB).Philip Ward Richards was bornin Stoke on Trent in 1950, an onlychild to Doris and Gilbert. Hestudied law at Exeter Universityand after qualification practisedin Hanley and Derby beforeestablishing the firm of P WRichards & Co in 1987.He married Carol in 1975 andwas father to Sarah and Nicholas,and grandfather to Rhys.His interests included all sports,but particularly cricket, steam railways, politics, and holidays abroad.His work as a family lawyer was reflected in some of his charity workincluding for Derby Child Contact Centre, the National Association ofContact Centres and Churches Together for Families. He had a strongChristian faith.He was diagnosed with cancer in late June 2009 and, although fullyaware that his illness was terminal, continued to work from home(and hospital!) for as long as he was able to do so.Kevin O’Donnell of Wykes O’Donnell Williams, writes:“Philip worked in an adjoining office to me for several years. Throughoutthis time he was of great assistance with his input on difficult issuesand this was much appreciated. He would devote endless hours indealing with complex issues on behalf of clients, more often than notuncharged, and his conscientiousness led him to work long hours.The regard in which he was held was shown by the attendance at hisfuneral by many clients, members of the profession, CAFCAS andmany other associated bodies with whom he came into contact. Hewas passionate and knowledgeable about his cricket, attending manyTest and other matches. Perhaps less well-known was his offbeatbut strong sense of humour, exemplified by his choice of the themefrom Test Match Special at the conclusion of the ceremony at thecrematorium.He will be sadly missed by myself, David Williams and all of thestaff as well as by many others, and our sympathies go to Caroland his family.”Elliot Mather LLP is one of the premier firms of solicitors in the East Midlands, havingoffices in Mansfield, Chesterfield and Matlock and offering a full range of legal services.SOLICITOR – FAMILY DEPARTMENT, CHESTERFIELDAn opening has arisen for an ambitious Solicitor, experienced in all areas of family law tojoin an established team in a busy family department. The successful candidate will beexpected to manage their own caseload of matrimonial and family matters. In addition theyshould possess strong organisational skills and would be expected to take an active role inthe department’s continued development. Experience of Legal Aid would be an advantage.An attractive salary commensurate with qualifications and experience will be offered,together with the benefits of working in a friendly and professional environment.All applications should be made in writing with full C.V. and current salary details to:Mr Paul Fillmer, Practice Administrator, Elliot Mather LLP,The Courtyard, 49 Low Pavement, Chesterfield, Derbyshire S40 1PB. www.derbylaw.net www.derbylaw.net

Social EventsAnnual DinnerSponsored byFriday February 5th, 2010, Pride Park StadiumThere is till time to book places at the Annual Dinner onFeb 5th. Having attended the Dinner for the first timelast year, Severn Trent Searches have generously agreedto sponsor the event this year, which is clear evidencethat it is an event worth attending, so if your firm has notbeen before, or if you are still debating whether to attend,complete the booking form later in this issue and reserveyour places.In the face of the credit crunch last year’s attendance was significantlylower than the normal 425-seat sell-out – in fact attendance nearlyhalved, at 225. In recognition of the pressures which may still facesome firms the Society has decided to hold the ticket price at lastyear’s £35.00 + VAT, in the hope that we will se an upturn in numbersthis year. Please bear in mind that the VAT rate is scheduled to risefrom 15% back to 17.5% on January 1st 2010, so if you book beforethe new year the price to pay will be £40.25, but if you book afterthat, or if you send in a post-dated cheque, the cost will be £41.13.The format will be the same as previous years – black tie forgentlemen, bars open at 7 pm with a late bar ‘til 1 am, and 3 speakersall briefed to be entertaining, and if they can’t be entertaining, to beshort! In addition to President Julia Saunders we will be hearingfrom DJ (Mags) Joanne Alderson and David Gunson. Joanne is well–known locally and is a regular guest at the Dinner who has nowagreed to sing for her supper. David Gunson comes from the samespeaker stable as last year’s Brendan Healy – and those who missedCongratulations to Hoof Hearted from Elliot Mather on theirvictory in this year’s challenge, in which 29 teams took part.In the absence of last year’s winners, Smith Partnership’sShrewsbury Town Nil, they successfully saw off persistentchallenges from the eponymous Swindell & Pearson, WOWfrom Wykes O’Donnell Williams, and FC-ing Marvellous fromFreeth Cartwright, who finished second third and fourthrespectively, to take the shield by 2 points. At the otherend of the scale, Elliot Mather also provided the winnersof the wooden spoon – proving what an equal-opportunitiesemployer they are - as the aptly-named Absolute Beginnerstook away a set of finely crafted cooking utensils at the endof the evening.Take a look at the full score sheet opposite to see where you(or your colleagues) came.Thanks to all 29 teams for taking part – here’s to anothergood turnout next autumn.Main speakerDavid GunsonAnnual Inter-Firm Quiz Challenge – November 26th 2009last year’s Dinner will no doubt have heardwhat a treat they missed. He is a formerAir-Traffic Controller who served his timeat Birmingham International Airport, andhas gained an excellent reputation on theafter-dinner speaking circuit being a pastwinner of the American Express Speaker ofthe Year Award for his hugely entertainingand unique perspective on modern airtravel – a subject of which we all have ourown experiences, and on which we all nodoubt hold our own views!As usual firms can reserve private rooms or space in the bar area forpre-Dinner drinks receptions – if you wish to make such arrangementsplease do so with Pride Park directly via Events Co-ordinator LisaCundy on 01332 667 564. Please book your places using the BookingForm elsewhere in this Bulletin.The winners - ‘Hoof Hearted’ from Elliot Mather!Gallant wooden-spoonists ‘Absolute Beginners’, also from Elliot MatherRank Team Firm Total %1 Hoof Hearted Elliot Mather 159.5 78.192 Swindell & Pearson Swindell & Pearson 157.5 77.213 WOW Wykes O’Donnell Williams 155 75.984 FC-ing Marvellous Freeth Cartwright 154.5 75.745 Morse’s Morsels Briggs Sayer 149.5 73.286 WOWEE Wykes O’Donnell Williams 148 72.557 Gone Fishing Fishers 147.5 72.308= Super Spurs KieranClarkGreen 147 72.068= Agatha Quiztie Flint Bishop 147 72.0610 Team with 2 Brains Cartwright King 146.5 71.8111 Camponologists Elliot Mather 144.5 70.8312= Us KieranClarkGreen 140 68.6312= Robinson’s Renegades Robinsons 140 68.6314= Pros & Cons Flint Bishop 137 67.1614= Cream of the Crop Elliot Mather 137 67.1616= May Divorce be with You Miles & Cash 135.5 66.4216= Fray Bentos HMT 135.5 66.4218 3 Degrees & an ‘A’ Level Broadbents 132 64.7119 No-hopers HMT 130.5 63.9720 Derby’s Got Talent Robinsons 124.5 61.0321 Natural Born Losers Broadbents 123.5 60.5422 Bar-flies Broadbents 122 59.8023 No Eye-Dears Flint Bishop 112.5 55.1524 Gin’ll Fix It KieranClarkGreen 107.5 52.7025 Quiztopher Columbus Miles & Cash 99 48.5326 Dumb & Dumber HMT 96.5 47.3027 4 Non-blondes Elliot Mather 95 46.5728 SWOTS-NOT! Wykes O’Donnell Williams 94.5 46.3229 Absolute Beginners Elliot Mather 80.5 39.46Average 131.02 64.22 www.derbylaw.net www.derbylaw.net

Why Invest?Given the current turmoil in financial marketsmany people are asking themselves whywould anyone want to arrange investments?It is fair to say that no one likes the thought oflosing money and yet people still invest moneywhen they know that potentially they could endup doing just that – lose some of their hardearned money. So why do they do it?The simple answer is that over the long termany money that has been invested in a balancedspread of investments will perform better thanmonies left on deposit. Crucially, over the restof your life the only way to ensure that thepurchasing power of your money exceeds therate of inflation by a meaningful amount isthrough asset backed ‘real’ investments.Why does anyone buy stocks and shares?Traditionally, people understand and feelcomfortable with investing into propertyand deposit accounts. However, many feeluncomfortable with stocks and shares, as theyrealise that they can significantly increase orfall in value over a relatively short period oftime. So why do people buy them?The easy answer is that over the long-termStock Market investments have deliveredbetter returns than other asset classes, evenproperty. But understanding why this has beenthe case is very important.Businesses sell shares in their companiesso that they have the capital they need to runtheir businesses effectively, possibly to financeexpansion into new markets or product types.Investors buy shares in companies because theybelieve that if they provide the money the companyneeds to run their business, over time thecompany will improve their profits, pay out moreincome in the form of dividends and ultimatelythe share price of the company will increase.Fundamentally, the companies that form theStock Market are linked to the real economyand if they consistently perform badly, overtime peoples’ wages will be affected, whichwill affect what employees can afford to spendon all items including property. That is whytraditionally, property prices were closely linkedto earnings, as this would restrict how muchpeople could afford to pay for their home. Manyof you will remember the historical lendingcriteria of Banks and Building Societies,namely three times one person’s salary or twoand a half times joint income.The reason that property prices haveescalated beyond the usual multiple ofearnings has been explained by the very lowinterest rates available, the looser lendingcriteria and also ‘buy to let’ investors buyingproperties on an interest only basis, ratherthan on a repayment basis, which meant thatthey could afford to pay more for a propertyand still have the interest payments met bythe rent.In summary, if the companies that form theStock Market do very badly for a long periodof time, it will affect other investments.However, the Directors running the companiesare experts in their field and usually havegood people assisting them when they faceproblems, ensuring that on balance, they stillgrow their business over the short, mediumand long-term. Interestingly, economistsare currently impressed with the state of theCorporate sector’s balance sheet comparedwith say the 1999 / 2000 period (please notethat this is an overall generalisation, there aresome companies whose balance sheets stilllook stretched).The success of Stock Market investmentsis shown by the fact that despite companiesexpanding, contracting and even goingout of business, collectively over thelong-term, Stock Market investmentshave delivered better returns than otherasset classes.The benefits of volatility in the marketsIf investments only ever increased in value,everyone would invest into them and they wouldspiral upwards in value until they reached‘bubble’ proportions and were being sold formore than they were worth.Volatility ‘shakes out’ the prices and ensuresthat they remain relatively realistic, althoughexperience shows that the peaks tend to bedriven by greed to higher levels than can bejustified on a realistic valuation basis and thelows tend to be driven by fear to lower levelsthan can be justified.The important thing is not to finally decide tobuy investments after a sustained period ofgrowth, just when they are getting expensiveand do not sell them once they have fallenand they are finally getting to ‘bargain’ levels.This requires you to have a proper investmentstrategy and to avoid letting that strategy bedriven by market sentiment, which is easiersaid than done.A balanced investment portfolioIf you have any investments that are notheld on deposit then there are some keypoints to remember. The most important ofthese is that it is important to diversify yourinvestments. The core constituents of aninvestment portfolio are cash, equities, fixedinterest investments, property and alternativeinvestments including commodities, hedgefunds etc. I will provide descriptions of theseasset classes and their uses in the nextissue.Professional Financial Centre (East Midlands)Ltd has successfully helped many clients toput a sensible financial plan into place thatwill last them for the rest of their lives. Aschanges happen, we review our clients’ plans,adjusting them to meet changing economiccircumstances and family needs. If you wantto challenge us to do the same for you or yourclients, you will not be disappointed. We areable to prove that we only have your interestsat heart. We do not have any vested interestin choosing one particular product or courseof action over another. If you simply want asecond opinion, our view on your existingholdings, or have a general query aboutfinancial matters, please call us.As a member of the Derby Law Society, byquoting code LS1 you and / or your clientswill receive a 5% reduction in our costs.About usProfessional Financial Centre (East Midlands)Ltd is a local financial services resourcefor Legal and Accountancy firms who donot operate in house Financial Servicesdepartments. We share the same ethos asProfessional firms, in that we act purely inour clients’ interests, operating solely ona fee basis and accounting to our clientsfor any commissions. As a result of ourqualifications, experience and culture, wequalify to be included on the SIFA ProfessionalDirectory of IFA’s, which is endorsed by theLaw Society.The database can be seen at www.sifaprofessional.infoor via the Law Society websitewww.lawsociety.org.uk/memberservices .Richard Shanks (Managing Director)Professional Financial Centre (East Midlands)Limited, Wesley House, St Michael’s LaneDerby DE1 3DW01332 34140610 www.derbylaw.netwww.derbylaw.net 11

DERBY & DISTRICT LAW SOCIETY CPD TRAINING PROGRAMME 2009-10AreaCourseTitleCPDHoursDate Level* Venue Book Via**2010 2010 2010 2010Derby & District Law Society Event Booking FormPLEASE SEND THIS ENTIRE FORM TO:Peter Ball, Administrator, The Old Barn, Hatton Fields, Sutton Lane, Hilton, Derbyshire DE65 5GQName: ……………………………………………………………………………………………………………………………………………………………………............................................Wills & ProbateWills & ProbateUpdate 20105 24 Feb 2010 Update tbc CLTFirm: ……………………………………………………………………….…………………....…………………………….....................................................................................Address / DX: ……………………………………………….…………………………….…………………………………………………………………………….........................................FamilySexual Abusers & theirPartners - Dilemmasin Assessment & ChildWelfare3 12 March 2010 Intermediate Derby - tbc CLTTel. No.: ………………………………………………………………..................................Email Address.: ……………………………………………………………….................Position Partner / Assistant Solicitor / Trainee / Legal Exec / Other (specify): ……………………………………...……………………....................................CommercialPropertyCommercial leases- 2010 Masterclass6 29 April 2010 Adv/Update Chesterfield - tbc CLTEvent Date Venue Time CPD Members*Non-MembersolicitorsPlaces @ (incl VAT) Places @ (incl VAT)TOTALFEE*Wills/Trusts/ProbateTrust & Estate Accounts- Getting them right5 15 May 2010 Intermediate Derby - tbc CLTAnnualDinner 2010FridayFebruary 5th2010Pride Park 7 for 7.45pm - £40.25 £40.25Suggestions for future CPD courses, especially for support staff:General /ManagementComplying with theSolicitors’ Code ofConduct; RegulationsGuidance & Procedures3 26 May 2010 Inter/Update Chesterfield - tbc CLT…………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature:Date:FamilyEssential Tax Issues forFamily Practitioners3 9 June 2010 Inter/Update tbc CLTPLEASE NOTE: if you are booking a course for more than one person, or for someone other than yourself, please indicate the name,position and membership status (Member/non-Member) of the attendee(s) overleaf, and ensure that the fee paid is appropriate;*trainees/Legal Execs/paralegals/support staff enjoy the Members discounted rate NON-MEMBER SOLICITORS DO NOT (try joininginstead!)PropertyLenders’ HandbookCompliance - AvoidingNegligence Claims5 3 September 2010 Update Derby - tbc CLT*Please make out separate cheques for each event payable to DERBY & DISTRICT LAW SOCIETY and post-date each to the date of the event.………………………………………………………………………………………………………………………………………………………………………………………………………………………….✁Civil LitigationCosts and ConditionalFee agreeements 20106 16 September 2010 Adv/Inter/Update tbc CLTB O O K I N G FO R M FO R G O L F D AY O N W E D N E S D AY 2 8 T H A P R I L 2 0 1 0to be held at Branston Golf & Country Club, Burton Road, Branston, Burton upon Trent, Staffordshire DE14 3DPWills/Trusts/ProbateWills Trusts & ProbatePlanning after theFinance Act 20083 24 September 2010 Adv/Update Burton - tbc CLTCOST PER PERSON £38 TO INCLUDE A FISH AND CHIP SUPPER AND 18 HOLE ROUND OF GOLFNAME ………………………………………………………………………………………………………………………………………………………………………………………………………………ResidentialPropertyMortgage PossessionActions in the CountyCourt - A start to finishguide3 6 October 2010 Inter/Update Derby - tbc CLTFIRM …………………………………………………………………………………………………………………………………………………………………………………………………………………TELEPHONE NUMBER ………………………………………………………………………………………NUMBER OF TICKETS REQUIRED …………………………………………………………………….KEY* Intro =Introduction; Inter = Intermediate; Adv = Advanced; U = Update** For further enquiries regarding booking or administration of CLT courses please contact CLT COURSE ADMINISTRATOR on 0121 355 0900** For enquiries/bookings for D&DLS Direct courses, or comments or suggestions for future courses please contact PETER BALL on 01283 815030.** FOR D&DLS COURSES, PLEASE POST-DATE YOUR CHEQUE TO D&DLS WITH THE DATE OF THE COURSEItalics indicates new/amended information, or an addition to the programmeD&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 DirectEVENTS SEE D&DLS Bulletin FOR DETAILS AND BOOKING FORM.12 www.derbylaw.netHANDICAP …………………………………………………………………………………………………………I ENCLOSE A CHEQUE IN THE SUM OF £ ………………………………… MADE PAYABLE TO THE DERBY AND DISTRICT LAW SOCIETYBOOKING FORM AND CHEQUES TO BE SENT TO:JULIA SAUNDERS AT MOODY & WOOLLEY, 40 ST MARY’S GATE, DERBY DE1 3JZBY FRIDAY 9TH APRIL 2010www.derbylaw.net 13

Membership NewsNew Family & Employmentappointments at FlintsLeft Kevin Tomlinson Director, right JonathanTaaffe DirectorBanner Jones strengthensits Criminal and ChildCare TeamsKevin Tomlinson has joined Banner Jones asof 1st December as a director, to further addstrength to the company’s criminal and childcare teams.Kevin, who specialises in Criminal Law andchild care proceedings, has moved fromKieran Clarke Green solicitors where he wasa Partner. Kevin is rated in the top 3 CriminalDefence Solicitors in the East Midlands byChambers UK Guide to the Legal Profession2009. He is also qualified as a Solicitor HigherCourts Advocate and is a member of theChildren Panel.Robert Banner comments: ‘Kevin has beeninvolved in a number of high profile casesin recent years and we are delighted towelcome him to our team. We anticipate thathis experience will further add to the qualityrepresentation offered by our criminal andchild care departments’Banner Jones receive asecond accoladeHot on the heels of the recent ACQ FinanceMagazine ‘Regional Law Firm Of The YearAward’, Banner Jones have now beenvoted ‘Team of the Year 2009’ in the newlyestablished Derbyshire Times BusinessAwards.The awards are designed to recogniseoutstanding achievement in all areas ofbusiness. The judging was undertaken bybusiness leaders from the local businesscommunity and the awards were presentedat an awards ceremony at Hassop Hall.In awarding Banner Jones ‘Team of theYear’ the judges commented that the firm“…..has adapted to the modern world andexploited new opportunities where the moretraditional markets have dwindled. This isa business where team work is leading toinnovation.”Chris Sellars, Banner Jones Directorsays “We are extremely proud of ourteam, who have identified and exploitednew opportunities. Examples include thelaunch in 2007 of myHip ltd as a providerof Home Information Packs to local andregional estate agents. Earlier this year,we developed a new business model – YourBusiness UK which extends the service weoffer to some of our business clients into abusiness sales consultancy’.Banner Jones are grateful for the energyand drive of such a strong and diverseteam, which has allowed the Company toenhance its market position and maintainthe excellent levels of service of which it isso proud.Top team: Banner Jones received theiraward from Michael Handley (second right)and Dawn Sweeney managing director ofthe Derbyshire TimesMoody and WoolleyMoody and Woolley solicitors are pleasedto announce that Children Panel memberMartina Longworth has been elected to thecommittee of the Association of Lawyersfor Children. (ALC)At the AGM, which was held in Manchester on19th November, the co chair of the nationalorganisation welcomed Martina who willbe able to bring her wide experience to thework of the organisation. It is of benefit tothe organisation that there is a member ofthe committee who works in Derby and theEast Midlands.The ALC is an association of professionalsworking in the field of child law whoseaim is to promote justice for childrenand young people. Most recently theyhave been instrumental in ensuringthat children who are subject tocourt proceedings can continue to berepresented by Guardians.Martina, who is also Chair of the localcharity Children First Derby, said:“I became a Children’s Lawyer because Icare passionately that children should betreated justly and fairly. As adults we allhave a duty to not just to protect childrenfrom harm but to see that they reach theirfull potential.Local authorities, national government andthe courts make decisions every day whicheffect children’s welfare. The ALC is in aunique position to inform those decisions.I look forward to working with such a wellrespected body of lawyers. I have no doubtthat there will be some hard work ahead. “Martina will of course continue to work fulltime for Moody and Woolley, mainly on legalaid cases concerning children. She hopesto put that valuable experience to good useboth locally in Derbyshire and now on anational level.Flint Bishop has expanded its family law division with theappointment of Jane Livingstone as family law solicitor. Janehas more than 10 years’ legal experience, including threeyears practising family law, with valuable experience in thefields of child matters, property disputes between cohabiters,cohabitation agreements and domestic violence injunctions.Flints have also expanded their employment law team withthe appointment of solicitor Laura Evans, who joins aftersuccessfully completing her two year training contract with thefirm.In her new role, Laura will be utilising her specialist knowledgeof unfair dismissal, redundancy, pay and discrimination toassist in the development of the employment department.Speaking of Laura’s appointment, Ken Dixon, said: “We arethrilled to have Laura join us as a qualified solicitor. It’s ararity to have someone train with us on a two year contractand then be appointed once they qualify. Laura understandsour business as well as our customers’ needs, so it will be aneasy transition.”Smith Partnership adds Mediator toFamily Law TeamThe Smith Partnership has recruited family law mediatorJanet Riley to head up their newly established familymediation service.Janet is a Qualified Mediatorwith over twenty yearsvaluable experience in law,and she will deal with allaspects of relationshipbreakdown including divorce,cohabitee disputes, children,domestic violence, propertyand financial issues.Ruth Jones, who leads thefamily team and is alsoa trained mediator, comments “I am delighted towelcome Janet to the team. It is excellent to have onboard someone with Janet’s impressive backgroundin law, together with her mediation expertise. Inthese current times, couples are turning more tomediation and this is a very exciting move forwardfor the firm”.14 www.derbylaw.netwww.derbylaw.net 15

SKILLS TRIATHLON 2009Following the success of the Advocacy Course organised by D&DLS in the Autumn, we receivedthe highest number of applications from trainees and newly-qualifieds to take part in the SkillsTriathlon this year since its debut 4 years ago.Overall winners Emma Goodall (Elliot Mather)and student Matthew Harrisonwith President Julia Saunders. Matthew also won Best Negotiator prize.On Wednesday 25th November, 8 teams,each comprised of 1 trainee/newlyqualified solicitor and 1 law studentfrom the University of Derby, battledit out for 6 prizes totalling £2,500 andbook tokens for all participants. Eachteam had to carry out a client interviewbased on family law judged by MaryHoneyben and Chris Ball, a commercialproperty negotiation against Solicitorand Lecturer, Sue Jennings judged bySue, Fiona Apthorpe and Julia Saundersand a civil application heard before theHonourable(!) Judges Cochrane, Hardy,Anderson and Bampton.As in previous years, the event was aresounding success for all who took part,enjoyed by the judges and team membersalike. The reception provided a relaxedplatform for all to reflect on the fortunes andmisfortunes of the day and for team membersto seek invaluable feedback and advice fromthe lawyers who judged the event.Third-placed team Dan Leather(Nelsons) and student RebeccaPapworth with Julia Saunders.The objectives of the Skills Triathlonare to provide a unique opportunityfor young lawyers and law students toshare experiences with each other andexperienced local solicitors, develop andhone vital legal skills, enhance careerprospects and build confidence in a safebut competitive setting.Derby & District Law Society is committedto helping trainees and newly qualifieds inthe development of their careers and plansto run the Advocacy Course as a warm upto the Skills Triathlon again next year.This year’s winners:BEST TEAMS OVERALLFlood protection is more relevant than ever.Are you and your clients taking the correctprecautions?The recent floods in the Lake District highlighted the wideranging problems caused by flooding and the serious damage anddisruption that can result for homeowners and businesses alike. Itwas widely reported that some of the flooding in the Lake Districtwas of the nature of a 1 in 1000 year flood event. This means thatthere was a 1 in 1000 chance of this type of flooding happening ineach year. It would be easy to take the view that the probabilityof such a flood occurring is so remote that it is almost not worthworrying about. The example of the Lake District floodingdemonstrates that this can be a dangerous approach to take.To assist in raising awareness of flood risk Landmark has launchedthe ‘Know Your Flood Risk’ campaign in conjunction with the NationalFlood Forum. The initiative aims to provide practical guidance andsupport to help protect homeowners and property professionalsagainst the risk of flooding. As a collective voice, ‘Know Your FloodRisk’ and its members aim to raise the profile of flood risk andensure homeowners and businesses are not only aware of the risksthey face, but also how to mitigate them. With over 130 individualsnow signed up from the public and private sectors, isn’t it time youjoined? Simply visit www.knowyourfloodrisk.co.uk for more details.Flooding is not just a concern for those living on or close to a flood plain.The problems caused by the summer 2007 floods were attributable toa wide range of different causes including groundwater and surfacewater flooding. Sir Michael Pitt’s review of the response to the 2007floods recognised that information relating to flood risk should be a keyelement of the legal due diligence process and recommended that suchinformation be incorporated in the Home Information Pack.This recommendation resulted in the inclusion of questions related toflooding in the Property Information Questionnaire. The questions relateto the history of flooding at the property so may not give an accurateappraisal of how likely it is that a property will flood. As clients becomemore aware of flood risk as an issue, solicitors need to know how toobtain further information to address these concerns. Landmark’sHomecheck Professional Flood Report contains data from a range ofsources that can provide vital assistance in assessing the risks. Thisincludes information on the probability of surface water flooding and thenumber of insurance claims related to flooding in a postcode sector.The standard environmental report does provide some flood information.If a potential flood risk issue is highlighted through this or any othersource it is essential that you obtain the right information to ensure thatyou and your clients understand the risks associated with a property.For further information on flood risk and Landmark’s Homecheck FloodReport, please visit www.homecheckflood.co.uk .Advance Legal is a modern and progressive law firm focusing mainly on personal injury, conveyancingand employment law, but also other areas.Due to on-going expansion we are seeking to fill the following positions:1ST2ND3RDEmma Goodall (Elliot Mather)Matthew HarrisonRobert Smith (The SmithPartnership)Natalie YoungDan Leather (Nelsons)Rebecca PapworthPersonal Injury SolicitorsWe are looking for solicitors from newly qualified upwards, to run files and/or to supervise. Note that we obtain all our own PI work directly from clientsand do not use any referral companies whatsoever.Trainee Solicitors / Legal Executives / Paralegals / Trainee Legal ExecutivesTo work in our personal injury department. ILEX qualifications are desirable though not essential. Further training willbe given. Those seeking a training contract are always initially set on as paralegals.Please apply in writing enclosing a CV, directly to:Mrs Pauline Spence, Advance Legal Solicitors, Suites 1-13, Imex Business Park, Shobnall Road, Burton-upon-Trent, Staffs, DE14 2AZBEST INDIVIDUAL ADVOCATERobert SmithBEST INDIVIDUAL INTERVIEWRobert SmithSecond-placed pairing Robert Smith (Smith Partnership) and student Natalie Young.Robert also won Best Advocate and Best Interviewer prizes.BEST INDIVIDUAL NEGOTIATORMatthew Harrison16 www.derbylaw.net www.derbylaw.net 17

Profiling the double helix 30 years on...Property - Land chargesIt is amazing how we have progressedover the last 30 years since the initialdiscovery of variable regions ofdeoxyribonucleic acid (DNA) withinhumans. In the 1980s if a layman wasasked to comment on DNA, the answerno doubt would be a quizzical, ‘What?’Ask the same question today and I’msure many answers would be pepperedwith references to O.J. Simpson,Trisha and of course, Mr. Paternity Testhimself, Jeremy Kyle the stalwart ofmorning television! It is amazing thatsomething so scientifically complexhas so successfully integrated intoeveryday life.The journey of DNA has been a long andinteresting one, like the infamous helixitself and one that is certain to continueand surprise for many decades to come.Each day more exciting discoveriesare made, links to complex disordersare found and as a result new ways ofdiagnosing and treating individuals aredeveloped – we can even trace the originof the grapes used in a bottle of wine toprevent the distribution of counterfeitproducts! But how was this immenselyuseful and discriminatory property ofDNA first found and exploited?1980: A region of DNA is discovered thatis highly variable between individuals.1984: Alec Jeffreys discovers amethod of identifying individuals usingDNA - Restriction Fragment LengthPolymorphism (RFLP), also known as‘DNA Fingerprinting’1985: Forensic DNA profiling used incourts for the first time.1986: Kary Mullis discovers thePolymerase Chain Reaction (PCR)- a method of ‘photocopying’ specificregions of DNA for further analysis.1987: Police collect blood samplesfrom over 5,000 local men to identify theperpetrator of two rape-murders, ColinPitchfork using DNA profiling.2002: Paternity test results aired on theTrisha Show and a DNA test proves thatStephen Bing is the father of ElizabethHurley’s son.As with all technologies that arediscovered and used within a researchenvironment, soon after follows theircommercial exploitation and newapplications and markets are created.With DNA profiling, this translated intocommercial forensic testing (criminalcase work) and identity testing both inhumans (paternity testing) and otherorganisms, too.Since the late 1990s many companieshave formed offering paternity testingservices both to the general publicas well as the legal profession. Anumber operate from their ownaccredited laboratories and employhighly trained and competent scientistswhereas others are agents/marketingorganisations and send on the samplesto a partner laboratory for analysis.A list of accredited laboratoriesoperating within the UK can be foundon the Ministry of Justices’ websitehttp://www.justice.gov.uk/about/paternitytesting.htm. The dadcheck®service is on this list. Results obtainedfrom the companies cited on the list areaccepted by many organisations as wellas the courts.In addition to using DNA to ascertainwhether a tested male is indeed thebiological father of a child (paternitytest), DNA can also be used for variousother types of relationship test such as:Maternity test i.e. is the tested femalethe biological mother of a child. Usedfor example in immigration casesSibling test i.e. are two individualsrelated to each other as full or halfsiblings. That is do they share both oronly one biological parent in common.This type of test can be used in caseswhere one of the potential parents is notavailable for testing. Used for example,in some inheritance disputes.Grand-parentage tests: used forexample, where the potential father isunavailable e.g. cannot be traced or isdeceased, but his biological parents arestill available for testing.The applications of DNA profiling areimmense but as with all technologiesmust be used with care, with respectto current legislative and regulatoryrequirements and of course, must beperformed only with the consent of theindividuals put forward for testing. Thecollection of a cheek cell sample takesless than a minute but the repercussionsof a DNA test will live with the familyforever. More information on consent,paternity testing guidelines and theHuman Tissue Act can be found byvisiting the dadcheck® website www.dadcheck.com.Louise Allcroft, M.Sc.Director , Complement Genomics LtdT/A dadcheck®Contacts:E-mail: sales@dadcheck.comTel: 0191 516 6632Name of LocalAuthorityNewcastleunder LyneSouthDerbyshireSouthStaffordshireStaffordStaffordshireCC - HighwayEnquiries onlyLocal Land ChargesContact Name andTelephone NumberContactCarolineHorneEmailTel 01782 742232 WebsiteContactJoyceLambertEmailTel 01283 595980 WebsiteContactHelenJenningsEmailEmail Addressand Website Addresslandcharges@staffs.gov.ukwww.newcastle-staffs.gov.ukJoyce.lambert@southderbys.gov.ukwww.south-derbys.gov.uklandcharges@sstaffs.gov.ukTel 01902 696138 Website www.sstaffs.gov.ukContactAngieChilton/Kay WestonTel 01785 619338ContactCarolineWhite/DebbieBaileyTel 01785 276584EmailWebsiteEmailWebsitelandcharges@staffordbc.gov.ukwww.staffordbc.gov.uk/landchargesdebra.bailey@staffordshire.gov.ukwww.staffordshire.gov.ukThe average turnround time for all local authority residential searches is 5working daysStandard Search LLC1 and Con29RResidentialPropertiesCommercialPropertiesPostE-mailThe following services are alsoprovided by Authorities.For more detail view websites orgive them a ringAlternativeOnlineform NLIS DX PaymentMethods£75.00 £130 √ √ x √ √£104.00 £135.00 √ √ x √ √£115.00 £115.00 √ x x √ √£100.00 £170.00 √ √ √ √ √highwaybundle£28.30N/A √ √ √ √ xMonthlyAccountingChequeonlyChequeonlyElectronicPaymentsMonthlyAccountingContact Sue Barlow Emailland.charges @staffsmoorlands.gov.ukStaffordshireMoorlandsTel 01538 395470 Websitewww.staffsmoorlands.gov.uk/landcharges£115.70 £115.70 √ √ √ √ xMonthlyAccountingStokeContact Sharon Fern Emailland.charges@stoke.gov.ukTel 01782 232775 Website www.stoke.gov.uk£53.30 £87.00 √ √ √ √ √MonthlyAccountingContact Sharon Smith Emaillocallandcharges@tamworth.gov.ukTamworth£90.00 £155.00 √ x x √ x N/KTel 01827 709257 Website www.tamworth.gov.uk18 www.derbylaw.net www.derbylaw.net 19

Book Review: The Criminal Blackstone - 20 years onBLACKSTONE’S CRIMINAL PRACTICE 2010General Editors: Lord Justice Hooper andDavid OrmerodEmeritus Editor: HHJ Peter MurphyOXFORD UNIVERSITY PRESSISBN: 978-0-19957-424-7www.oup.comAn appreciation by Phillip Taylor MBE,Head of Richmond Green ChambersWhen I opened the 2010 edition, it wasstartling and sad to read editor PeterMurphy’s touching tribute to the lateAlistair MacQueen who died in the summerof 2008, and who was the original publisherof the first ‘Blackstone’, and with whomI was privileged to review works for hiscompany when he launched his variousnew titles in the late 1980s and establishedthe Blackstone name.Many of the early Blackstone works whichAlistair sent to me when they first appearedon the market some years ago remain inmy memory as excellent practical titlesandthey have lasted albeit with differentpublishers. I was always impressed withthe range of their compact precision, andtop of the list were the “Two Blackstones”,as I called them, covering civil and criminalprocedure. What continues to set “theBlackstone Practice” apart is the use ofunderstandable English which I was muchmore at ease with as a junior practitioner.“Archbold”, which we used for the Bar examsand pupillage was excellent in its own way,but the marketplace needed “Blackstone”and the Western Circuit embraced itenthusiastically so we are all the better forits acceptance.I maintained then that “the BlackstonePractice” represented the best value formoney in content and weight for practitionersstarting out in practice at common law,and for students sitting their professionalexaminations. Nothing has changed - theyare still the best, even at 3,000 pages!Having said all that, I do not, by inference,criticise all their competitors who havewritten worthy individual publications of,many which I had to use at the beginning ofmy practice, and each with specific meritsin their own different ways which are usedfor particular reasons. However, when the“Blackstones” came along 20 years ago now,a sea change was on the way and the bookshave gone in the right direction in both casesever since for their lucidity and expertise.The Legal Team and ContributorsAs is common with many modernlegal publications today, the “CriminalBlackstone” has been written and editedby expert teams of practitioners combininga wealth of practical experience and legalknowledge. The work remains the clearestapproach to procedure, being authoritative,trustworthy and comprehensive. Rightly,it’s the first port of call from a sourcewhich practitioners in England and Walescan trust. The General Editors say that theaim is “to continue providing the highestquality practical account and accessibleanalysis of English criminal law, evidenceand procedure”… and they do just thatbrilliantly.It has been an outstanding achievement tokeep “Blackstone” at the 3,000 odd pageseach without resorting to fiddly loose leavesor additional volumes although I cannotescape the concern that such a day maycome when the format will change unlessa bit of pruning by the General Editors takesplace in the future- but I hope that is notsoon (or at all).Hopefully, the team will not find it necessaryto expand the volumes and separate themalthough it may become inevitable unlesswe see a lessening of ever increasingregulation by successive Parliaments whichis illustrated by coordinator LaurenceEastham’s meticulous and dedicatedinspiration to others for this incredibleconsolidating task. Well done!For any readers who may be relativelynew to books like these (which is probablydoubtful - at least, I hope so, even for newlyqualified lawyers!), the “blue top” is by farand away the easiest to read and rummagethrough, in my view, having suffered asI did with the limited choice of others in1980s. It’s always going to be difficult now,knowing which book to refer to in court, asour circuits do have their own preferences,but you cannot go wrong as a general rulewith “Blackstone” for starters.Do Use The CD-ROM!“Blackstone” is a unique works comprisingtopic by topic examinations of the litigationprocesses in the criminal jurisdiction in onevolume of a manageable size and expense. Ido find the CD-ROM supplied both excellentin its own way, as it’s in an easily accessibleand searchable form together with all theadditional material. The internet link isto be welcomed although I did have someproblems with it initially and feel it’s takingsome years to catch on, still, especially incourt. The update is invaluable, especiallyfor the intricate case.“Blackstone” Remains The “One Stop” ShopRather like your local supermarket,“Blackstone” gives the absolute ‘one stopshop’ facility which we all need in a busy(or, possibly, not so busy) practice whereattention to detail and current proceduralmeasures are the only significant item onthe lawyer’s agenda as preparation timeruns out.The editors, and their team of brilliant writerswho have done the hard slog of compilingthe information, realise that we want to findthe right answers quickly. Murphy and theteam are to be congratulated on overseeingthe work from the beginning which is sosuitable for use in 21st century, and doing itwith such style.So... a big “Thank You”, and keep up the goodwork for your twenty-first birthday which isround the corner, and for listening to oursuggestions as the end users because thisis where the law is to be found, and how wepractice it.Phillip Taylor MBEDLC Investigations is a reputable firm of PrivateInvestigators with offices based in Cheshire andManchester city centre opening shortly.We have been in the security industry for over 25 years andhave a highly skilled and experienced team of both male andfemale Private Investigators and Surveillance Personnel.DLC offers a full range of services tailored to individual needsfor both private and corporate clients, including:• Blackmail Issues• Undercover Operations• Surveillance & Vehicle Tracking• Missing People & Tracing Individuals• Corporate Investigations• Security Services• Fraud Investigations• Debt CollectionDLC Investigations LimitedCheshire House, 3-5 Market Street,Disley, Cheshire SK12 2AATel: 0844 277 2500Fax: 0844 277 2501Web: www.dlcinvestigations.co.ukEmail: cheshire@dlcinvestigations.co.ukDLC CASE STUDIES1. Business Partner IssuesA corporate client telephoned our offices late one Wednesday eveningrequesting an urgent meeting due to the fact that he suspected that hisbusiness partner was using their offices, facilities and finance to launchhis own business.DLC were tasked to carry out an in depth investigation into this individual,his personal finances and to obtain intelligence via investigation andelectronic surveillance in order to obtain leverage to force a resignationor face prosecution.We were able to obtain information from our client’s computer andtelephone system, thus providing recordings of conversations and alsoemails proving that the target was indeed going into competition with his(at the time) business partner.As a result of our investigations we were able to provide enough evidenceto force the Director to resign. He willingly took that option rather thangoing through lengthy legal channels.2. Garden Centre TheftA client with several garden centres enlisted the help of DLC Investigationsto investigate allegations of theft among its workforce at one site, eventhough the company had security guards and CCTV at all sites. Weinstalled several hidden cameras and eavesdropping equipment oneevening at the problem site. We also placed a covert investigator withinthe team that was under suspicion to obtain evidence to aid legal actionand dismissal of three employees.Our young female investigator was able to (with the aid of electroniceavesdropping devices, hidden cameras and physical evidence) gain theintelligence needed to support a prosecution.The result in this case was prosecution of both security and companypersonnel. Some of the stolen property was also obtained and returned.22 www.derbylaw.net www.derbylaw.net 23