D&DLS Bulletin - Derby Law Society
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D&DLS Bulletin
Derby & District Law Society
www.derbylaw.net March / April 2021
It began 135
years ago...
Exploring the early years
of the D&DLS on page 6.
Also in this issue: Be ll vs Ta v isto ck: I nfo rme d C o ns e nt vs Auto nomy?
Gold Patrons of the Society
D&DLS Bulletin
Derby & District Law Society March / April 2021
Contents
3 - Contents & Editorial 18 -Bell vs Tavistock: Informed Consent vs. Autonomy?
4 - List of Officers 20 - Family Matters
5 - President’s Page 22 - Experts and their written evidence
5 - Situations Vacant 24 - Digital Transformations & The Evolving Family Law
6 - The Beginning of D&DLS 26 - Indemnity Costs decision
10 - Stamp Duty Extension 28 - Anti-money laundering back in the spotlight:
12 - Family Law Committee Meeting 30 - Covid-19’s impact: Practice areas by work type
14 - D&G Legal - our new Gold Patron 32 - Landmark Planning: A Clearer View of Future Plans
16 - Saving Time and Working Together 32 - Revised Anti-Money Laundering Professional Guidance
Editorial
I choose to be optimistic. The Walk this year – date to follow. For the sake of Stephanie Boyce taking office as President of the
nights are getting lighter completeness the AGM has NOT been re-arranged Law Society. She has said that “the trail is ready
and the clocks are going and will take place on Zoom on Wednesday 5th May to be blazed” – not sure DDLS is quite at that point
forward, I have had my first – notices and meeting links will be sent out in due but her message of “increasing diversity, inclusion
jab, the vaccine roll out is course. and social mobility, improving access to justice and
going at an amazing pace technology, and promoting good mental health and
and I am hoping that my now You will notice that we have a new Gold Sponsor wellbeing” is one that we are ready to get behind.
19 year old can actually stop working nights in a for this year and huge thanks to DG Legal – we Anyone interested in becoming part of this sub-
warehouse and do some volunteering – the “real” are pleased to be working with you – please read committee or suggesting projects/events please
reason for his year out! So, with that optimism their introduction on page 14. We are grateful as e-mail me – you don’t have to be part of the main
in mind DDLS has been re-arranging. The Derby ever to Severn Trent Searches for their ongoing committee.
City Schools Debate Competition still involves 11 sponsorship and our relationship with the
teams and will take place in the Summer term. University of Derby goes from strength to strength. This year DDLS is 135 years old. I have started to
Sadly, still mostly on line but fingers crossed The Triathlon will take place this year on teams write a few history pieces for the Bulletin. Anyone
the Final will be LIVE ( we will have forgotten for 14th April 2021 and is a great event for trainee wanting to contribute please do let me have your
what face to face means) after the lockdown solicitors and law students alike. memories/stories and, dare I say, photos.
restrictions are lifted towards the end of June.
DDLS is proud to announce the formation of a new Take care
The Past Presidents Dinner has been re-arranged BAME sub-committee. We will be working with
to Wednesday 22nd September 2021. The Annual the University of Derby and looking into projects Julia Saunders
Awards Dinner has been re-arranged to Friday 5th and events to promote and support lawyers from admin@derbylaw.net
November 2021. DJL hopes to run a Derby Legal A BAME background. This neatly coincides with 01283 734989
Published by: Advertising Design Legal Notice
EAST PARK COMMUNICATIONS Ltd. Simon Castell David Coffey © East Park Communications Ltd.
Unit 27a, Price St. Business Centre,
None of the editorial or photographs may be reproduced
Price St., Birkenhead, Wirral, Merseyside Accounts without prior written permission from the publishers.
FINDING YOUR VOICE
IN TODAY’S DIGITAL CH41 4JQ Managing Editor Tony Kay East Park Communications Ltd would like to point
AND PRINT MEDIA
Tel: 0151 651 2776 Julia Saunders out that all editorial comment and articles are the
responsibility of the originators and may or may not
simon@eastparkcommunications.co.uk Published reflect the opinions of East Park Communications Ltd.
www.eastparkcommunications.co.uk © East Park Communications Ltd. Winter 2021 Correct at time of going to press.
Officers and Committee Members for 2020-21 President’s Page
Officers Constituency Council Administrator / Lucy Tissington
Representative, Derbyshire (+) Bulletin Editor Lucy.Tissington@elliotmather.
Michael Williams Julia Saunders, co.uk Hello Everyone, her continued hard work in the day to day running of the Society, especially
Tel: 01298 24185 14 Risborrow Close, I hope that you are all well and staying safe and that the in organising all our events. Without her the Society would not be able to
President* mwilliams@bemerton.co.uk Etwall, Manesha Ruparel new year is being kind to you. function.
Martin Salt (+) attend Committee by Derby mr@aandco.co.uk
Martin.salt@chapsol.com invitation DE65 6HY After nearly two years this will be my final piece as your I also wish to congratulate our incoming president Julie Skill, and Manesha
Tel: 01773 540480 Tel: 01283 734989 Melanie Bridgen President for our bulletin. It has been a privilege to be Ruparel on becoming our new Vice President.
Chapman & Chubb Other Committee Members Mobile: 07964 358042 melanie.bridgen@nelsonslaw. the President of the Derby & District Law Society for an
Shane House Tina Attenborough Email: admin@derbylaw.net. co.uk
extended period of time, although due to the COVID-19 pandemic I have not I was encouraged to join the Derby & District Law Society in 2012 by the late
157 Nottingham Road Attenborough Law, Derby
been involved with as many events as the President usually takes part in. Mr Michael Mallender of Taylor Simpson & -------------, who was a long
Somercotes Tel: 01332 558508 Sub-Committees Natalie Haydon-Yeung
Alfreton tina@attenboroughlaw.co.uk (Secretary in italics) Natalie.Haydon-Yeung@ standing and enthusiastic member. His view was that the Society existed to
Derbyshire geldards.com There is light at the end of the tunnel and as we speak the potential for the support each other as fellow professionals, as well as its other functions,
DE55 4JH Andy Cash Criminal Litigation end of lockdown and social distancing on the earliest date of 21 June 2021 and it was not what the Society can do for you but what can you do for the
Cartwrigt KIng, Derby Simon Stevens Nick Herbert means we may be finally heading for a period of normality. The legal industry Society. I have always taken this to heart and ever since joining I have done
Vice-President* Tel: 01332 346111 nh@aflp.co.uk on the whole has survived but there are going to be difficult times ahead what I can to help.
Julie Skill, andy.cash@ cartwrightking.co.uk Andy Cash for many law firms, especially smaller ones, who base themselves on an
Elliot Mather LLP Ruth Jones already struggling high street. Although my tenure is now coming to an end, I very much look forward to
Chesterfield Andrew Cochrane Quentin Robbins ruth.jones@smithpartnership.
supporting the Society over the coming years.
Tel: 01246 231288; Flint Bishop, Derby co.uk
The annual Derby & District Law Society Dinner has been scheduled for 5th
julie.skill@elliotmather.co.uk Tel: 01332 340211 Andrew Oldroyd
Via nikki.rennie@flintbishop.co.uk (01332 225225) Sole Practitioners’ Group (SPG) November 2021 at Pride Park Stadium. Hopefully by this time the COVID-19 Finally, I wish to thank you, our members, for your continued support of the
Deputy Vice-President* Tina Attenborough restrictions will be a distant memory and that you will keep the date free society.
Manesha Ruparel Diana Copestake Nick Wright in order to attend. The event has always been an important date on our
Alexander & Co Freeth Cartwright LLP (01332 364751) calendar and this time it will certainly have the added attraction of our local I look forward to seeing you all again soon,
mr@aandco.co.uk Tel: 0845 2725674 legal industry finally being able to network and socialise once more.
Tel: (01332) 600005 diana.copestake@freeths.co.uk Education Martin Salt,
& Training I would like to thank our ever-present administrator Julia Saunders for all President, 2019-21
Honorary Secretary* David Hardy Sue Jennings,
Fiona Apthorpe Tel: 01332 842008 & all Sub-Committee
Geldards LLP, david.hardy1630@gmail.com Secretaries
Derby
Tel: 01332 378335 Natalie Haydon-Yeung Employment
Fiona.Apthorpe@geldards.com Geldards LLP and Business Law
01332 331631 Sue Jennings
Immediate Past President* natalie.yeung@geldards.com
Honorary Treasurer* Family Law
Ben Lawson Liz Haysom Fiona Apthorpe
Family Law Group E.Haysom@derby.ac.uk Tallents Solicitors Mansfield and Newark.
Residential Conveyancer Required
Tel: 01332 650000 David Guthrie Children Law position
Sue Jennings dg@aflp.co.uk Charles Newton & Co Solicitors are a well established and respected family run
Tel: (M) 07946 609436 practice near Nottingham with CQS and are looking to recruit a Conveyancing
(* = Ex-Officio) robskelding@squarise.co.uk Diana Copestake Solicitor (or Legal Executive or Conveyancer) for our busy residential Tallents Solicitors are looking to expand their
conveyancing department. This position is for full time candidates.
diana.copestake@freeths.co.uk successful Children’s department at their Mansfield and
Parliamentary Liaison Officer Oliver Maxwell The caseload will involve: freehold and leasehold conveyancing, sales, purchases, Newark offices and requires an experienced
Julie Skill, Nelsons Fiona Apthorpe remortgages, transfers of equity, Rights to Buy, Shared Ownership Schemes and
(3 to10 years PQE) solicitor.
lease extensions.
Elliot Mather LLP 01332 378696 Fiona.Apthorpe@geldards.com The role will be largely public law matters,
Chesterfield oliver.maxwell@nelsonslaw.co.uk Skills and Responsibilities; though it is hoped you will have experience of
Tel: 01246 231288 Fiona Lazenby • Experienced Residential Conveyancing Solicitor
handling a mixed caseload.
or Legal Executive or Licensed Conveyancer
julie.skill@elliotmather.co.uk Claire Rudkin fiona.lazenby@knightsplc.com • Be able to handle a caseload of Residential Conveyancing files You will be have Law society Children
Flint Bishop, Derby from inception through to completion
Public Relations Officer (+) Tel: 01332 340211 Julie Skill • Have excellent client care and interpersonal skills Law accreditation
Vacant claire.rudkin@flintbishop.co.uk Julie.Skill@elliotmather.co.uk • Have excellent communication, organisational and IT skills
The Mansfield and Newark offices offer pleasant and friendly
This is an outstanding opportunity for a dedicated
Derby Junior Lawyers Simon Stevens Kelly Mower Residential Conveyancing Solicitor to join a firm working environment in the heart of the town centres.
Natasha Hybner Eddowes Waldron kellym@eglegal.co.uk that will offer real career progression, a friendly and focussed
working environment and an excellent remuneration package.
Swindell & Pearson 01332 348484 If you would like to discuss the position informally prior to an
01332 367051 sws@ewlaw.co.uk Kirpal Bidmead We are happy to receive CVs from candidates of all experiences . application contact Mark Hawkins on 01623 666700, or by email to
natashahybner@patents.co.uk kirpal.bidmead@flintbishop.co.uk mark.hawkins@tallents.co.uk
Solicitors’ Benevolent Assoc. Please submit full CV with covering letter to
area representative Liz Guyler
Charles Newton, 5 Alexandra Street, Please apply providing your CV to the Practice Manager 3
Peter Lord lizguyler@eglegal.co.uk
Eastwood, Nottingham NG16 3BD Middlegate, Newark, Notts NG24 1AQ or by email to helen.
9 Larkhill,
or email: ccn@charlesnewton.co.uk hopkins@tallents.co.uk.
Swanwick DE55 1DD
Tel: 01773 541753 Last updated 15.03.21
4 www.derbylaw.net www.derbylaw.net 5
The Beginning of Derby and District W
Law Society in 1886
The first Committee meeting of the then Derby Law Society took Derby Law Society had their Rules printed and distributed to all
place in early 1886 – the minutes were handwritten in ink and members – not many and obviously all men – stolen from Leicester
recorded in a Minute Book manufactured for the new local law Law Society! Subscriptions were £2 a year. The first subcommittee
society by Francis Carter, Manufacturing Stationer, of Iron Gate was set up to buy books for the Law Society library (kept at 10 Full
Derby. Further investigation reveals that a document from Francis Street Derby) and to keep an up to date list of those books. The first
Carter “letterpress and lithographic printer, stationer, bookseller, President was C S B Busby Esq.
heraldic die stamper etc” is to be found in the Yale Centre for
British Art USA. Fame indeed. More from 1886 in the next Bulletin...
Apart from the formation of DDLS 1886 was not the most notable Julia Saunders
of years. Horlicks first sold malted milk to the public. Karl Benz admin@derbylaw.net
drove the first automobile. WG Grace achieved the highest test
score of 170 against Australia at the Oval. Apache Chief Geronimo
surrendered – ending the last major US-Indian war.
At home, Queen Victoria was 49 years into her 64 year reign over
SAVE THE DATE!
what was then the British Empire. Liberal Prime Minister William Annual Awards Dinner –
Gladstone introduced the Government of Ireland Bill. It was the first
major attempt to enact a law creating home rule in Ireland. Totally 5th November
unrelated the first Crufts dog show is held in London.
at Pride Park Derby
In Derby the population was about 100,000 – it has since grown by 7.15 for 7.45pm
two and a half times. Derby County Football Club was just two years
old.
6 www.derbylaw.net www.derbylaw.net 7
The Beginning of Derby and District Law Society (Continued...)
Subsequent Presidents of Derby, Chesterfield and DDLS:
Derbyshire 1959/60 AEH Sevier 1896/97 J Bostock
1958/59 CFR Cleaver 1895/96 F Stone
2020/21 Martin Salt 1957/58 DG Gilman 1894/95 AG Taylor
2019/20 Martin Salt 1956/57 HW Timms 1893/94 A Heny
2018/19 Ben Lawson 1955/56 AJ Robotham 1892/93 J Potter
2017/18 Simon Stevens 1954/55 NR Pinder 1891/92 AJ Flint
2016/17 Andy Cash 1953/54 RSD Cash 1890/91 WH Whiston
2015/16 Di Copestake 1952/53 WLP Woolley 1889/90 J Smith
2014/15 Sue Jennings 1951/52 FO Bates 1888/89 WG Taylor
2013/14 Paul Hackney 1950/51 CR Lymm 1887/88 CSB Busby
2012/13 Stephen Woolley 1949/50 HS Rees 1886/87 CSB Busby
2011/12 Christine Ball 1948/49 DAS Cash
2010/11 Andrew Cochrane 1947/48 HC Brooke-Taylor Chesterfield
2009/10 Julia Saunders 1946/47 TH Bishop & NE Derbyshire
2008/09 Nigel Anderson 1945/46 AS Moore
2007/08 Quentin Robbins 1944/45 KC Horton 2000/01 JA Browne
2006/07 Sue Woodall 1943/44 GB Robotham 1999/00 RA Shiers
2005/06 Lewis Rose OBE 1942/43 JH Richardson 1998/99 NA Clarke
2004/05 Mary Honeyben 1941/42 JPR (Percy) Pym 1997/98 PM Longden
2003/04 Michael Copestake 1940/41 AV Nutt 1996/97 WJ Fletcher
2002/03 Fiona Apthorpe 1939/40 HC Copestake 1995/96 Miss AC Kerr
2001/02 Arthur Titterton 1938/39 FG Robinson 1994/95 M MacDonald
2000/01 Graham Dean 1937/38 J Gretton 1993/94 RH Wright
1999/00 John Calladine 1936/37 WRH Whiston 1992/93 BJM Mather
1998/99 John Vinecombe 1935/36 PB Mather 1991/92 RAC Woodhead
1997/98 David Hardy 1934/35 FE Moult 1990/91 JW Cutts
1996/97 Peter Scragg 1933/34 CS Bowring 1989/90 JC Rice
1995/96 Peter Johnson 1932/33 AJ Cash 1988/89 LM Florin
1994/95 G St Q Drew 1931/32 LE Eardley-Simpson 1987/88 Mrs P Battersby
1993/94 Peter Ashworth 1930/31 HM Clifford 1986/87 A Borman
1992/93 JRH Wilson 1929/30 R Holland 1985/86 RT Proctor
1991/92 John Cawdron 1938/29 WTM Orme 1984/85 AJG Glossop
1990/91 DP Potter 1927/28 FS Thirlby 1983/84 J Blakesley
1989/90 JW Moss 1926/27 HO Moore 1982/83 NW Thorpe
1988/89 WNK Rowley 1925/26 HR Cleaver 1981/82 MH Johnson
1987/88 HA Brewer 1924/25 SG Taylor 1980/81 JN Gill
1986/87 AJ Moore 1923/24 F Cattle 1979/80 D Dolman
1985/86 DE Auden 1922/23 AR Robotham 1978/79 BJ Shingleton
1984/85 J Hudson 1921/22 JET Ducker 1977/78 M Nevis
1983/84 JP Fletcher 1920/21 AR Flint 1976/77 EC Eagle
1982/83 GT Copestake 1919/20 AN Whiston 1975/76 E Marks
1981/82 JPR (Peter) Pym 1918/19 PO Francis 1974/75 RA Kennedy
1980/81 J Fisher (?) 1917/18 GR Eddowes 1973/74 GP Broadbent
1979/80 JPN Waldron (?) 1916/17 WA Reid 1972/73 BS Shemwell
1978/79 L Irving 1915/16 WH Milnes Marsden 1971/72 JB Thomas
1977/78 EM Mather (?) 1914/15 RW Sale 1970/71 KA Round
1976/77 WM Brooke-Taylor 1913/14 G Trevalyan Lee 1969/70 JW Clarke
1975/76 JRS Grimwood-Taylor 1912/13 WH Whiston 1968/69 C Guard
1974/75 CJJ Grey 1911/12 G Mosley 1967/68 RA Cleaver
1973/74 A Haldenby 1910/11 JR Pinder 1966/67 GA Hotter
1972/73 RWP Cockerton 1909/10 BW Moore 1965/66 EM Mather
1971/72 FG Partridge 1908/09 AE Hobson 1964/65 FJ Rooth
1970/71 W Bagnall 1907/08 WJ Holbrook 1963/64 RSD Cash
1969/70 FW Barnett 1906/07 JT Wykes 1962/63 RF Stokes
1968/69 PM Robinson 1905/06 CRB Eddowes 1961/62 WH Blakesley
1967/68 B Johnson 1904/05 W Blews Robotham 1960/61 Col AWC Glossop OBE
1966/67 H Pipes 1903/04 R Sale 1959/60 MRE Swanwick MBE
1965/66 BGJ Cash 1902/03 W Woolley 1958/59 C Proctor
1964/65 T Wilson 1901/02 W Hollis Briggs 1957/58 GH Slack
1963/64 JHK Thomson 1900/01 WB Woodford 1956/57 EP Barstide
1962/63 FD Worthington 1899/00 RS Clifford 1955/56 AJ Cooke
1961/62 S Forshall 1898/99 TW Coxon 1954/55 JH Hodkin
1960/61 PR Cash 1897/98 NJ Hughes-Hallett 1953/54 G Bradley OBE
8 www.derbylaw.net
W Stamp Duty extension provides relief for
buyers and property firms
Not only are home-buyers readily welcoming the extension of the Stamp significantly more pressure to ensure transactions are completed.
Duty Holiday, but so too are local property businesses. X-Press Legal
Services - Derbyshire & Nottinghamshire is delighted at Rishi Sunak’s “The whole sector has been lobbying for an extension rather than a ‘cliff-edge
recent Budget announcement, which sees the Stamp Duty Holiday deadline’, so it is pleasing that there will be a tapering off period as well as the
extended further until the end of June. extension. This will allow thousands more people to make savings.”
The holiday is being extended until 30th June, but it will also be tapered off Part of a 27-office network across England and Wales, X-Press Legal
rather than ending abruptly, with individuals purchasing properties up to Services - Derbyshire & Nottinghamshire provide solicitors and
the value of £250,000 benefitting from the scheme until October. conveyancing professionals with a complete range of property searches and
reports that comply with all of the relevant regulations.
X-Press Legal Services is a property search company that provides expert
reports to solicitors and conveyancing professionals across the region. The Ben concludes: “We pride ourselves on making it as easy as possible for
stamp duty holiday has seen demand for its searches increase 50% since it conveyancers to deliver legal services to their clients, so we provide a choice of
began back in Summer 2020. reports which you can choose according to your needs. Our aim is to save our
clients time and money; helping ensure property transactions complete with the
Owner of the company, Ben Wheeler, comments: “We have been working minimum of fuss.”
flat out due to the increased demand for our searches, which are a real
measure of demand in the property market generally. We have seen higher With over 20 years’ experience, X-Press Legal Services is one of the top
levels of searches than ever before - and we were concerned that many people ten search providers in the UK. Trusted by more than 500 legal practices in
would not be able to complete their property transaction before the original England and Wales, the firm produces a staggering 400,000+ conveyancing
deadline of March 31st. In addition, conveyancing professionals have been under searches and reports each year.
10 www.derbylaw.net www.derbylaw.net 11
Meeting between Derby & District Law Society
Family Law Committee and local District Judges
Held on: Monday, 11 January 2021 hearings were working very well on the in issuing Forms A through Nottingham. The
phone, particularly if the decisions were not twelve to sixteen week timescale for the FDA
Present: District Judge Davies, controversial. appears to be more honoured in the breach.
District Judge Parker, District Judge Lack of DNs were holding up a lot of cases
Gillespie, Fiona Apthorpe (Secretary: D & DJ Davies intimated a preference for Teams, before. It was also noted that DAs are taking
DLS Family Committee), Kirpal Bidmead, although the courts are being told to use the longer to come through.
Diana Copestake,Nick Herbert, Manesha CVP platform. However, this ties up a member
Ruparel, Julie Skill. of staff to assist the Judge. With money cases, Practitioners are dealing with divorce cases
DJ Davies would much prefer simply to set up on-line but this doesn’t work if both parties
Remote Hearings the Teams meeting himself. are represented, which is a problem.
Most hearings at Derby are currently being
conducted remotely and, indeed, the guidance Nick commented that BT Meet Me can be DJ Davies did comment that the FRC has had
is that they should be dealt with remotely “if at problematic sometimes using a mobile. DJ the benefit of more staff, but it may be a lack
all possible”. Davies said that they had been told to try and of court dates available due to Covid-19 that is
phase out using BT Meet me, but it is needed causing the backlog. The FRC consent orders
D J Gillespie reported that she has done quite for private hearings where one party is not are now being turned around within 7 days
a few children fact finds and final hearings. represented. once they are uploaded to the FRC platform
There are challenges. It is not possible to in most cases.
move around in court, the witness box cannot Certainly the general feeling is that remote
be used and no touching of Holy books. hearings are quite efficient. E-Bundles
Broadly however, the hearings have worked DJ Gillespie commented that it is much easier
well though. District Judge Parker has done DJ Davies commented, however, that it for the court to deal with a proper e-bundle
some hybrid cases where CAFCASS have been does make it impossible to run block lists. with a navigable and searchable Index. Some
remote. Generally, a positive reaction from Therefore, each case has to be listed at a bundles are still being scanned in and they are
those involved. The parties are not generally particular time. Also, remote hearings make difficult to negotiate, although it is recognised
disadvantaged by not being physically it less likely to settle and create less time for that not every firm has the technology. Some
present. However, the fact finds may be more discussion, negotiation and narrowing the courts however, e.g. Manchester, are saying that
challenging. Dealing with cases by telephone issues in advance. all bundles must be in a bookmarked format.
may be a bit more difficult, especially where
dealing with litigants in person. There is a pressure on physical courtrooms at DJ Davies commented that if we send a pdf
Derby which obviously has an impact. There to the court, there is a 20mb limit at Derby
Practitioners to note that there are now large are only two proper courtrooms which are to a justice.gov.uk in box. Therefore, the
screens in some of the District Judge rooms used by the CJs, which is why Derby is using bundle is 50mb it will have to be split three
and the District Judge courtrooms. This the magistrates court and Chesterfield as ways. However, there is a larger limit as he
enables witnesses to be physically seen in outreach courts. understands it on an e-judiciary account, so
hybrid hearings. rather than send it to @justice.gov.uk, it could
Listings be sent directly to the Judge if the Judge has
Manesha commented that final hearings Broadly, listings seem to be OK. No no objection to that. All three DJ’s present
in particular, are being dealt with quite complaints about care listings. Last week confirmed they have no objection (and a
efficiently. Fiona concurred. Counsel are paid listing on 04 and 05 January for 25 and 28 positive preference) for bundles to be emailed
a fixed fee, but where solicitors are present, January, so the timescales are not too bad. to them direct by professionals.
they can obviously be getting on with the day
job back in the office and simply be called in There is a pressure from the non-molestation The court are looking at a drop box facility and
when needed, which means that the clients hearings being dealt with by solicitors from civil in Nottingham are trialling this for future
are not paying for a full day of their solicitor’s other areas to whom victims of domestic abuse use.
time in court, creating significant savings. are referred by the police or DA agencies. Not
so much troubling local practitioners but there Conclusion
HHJ Rogers has confirmed that for finance were nearly three hundred non mols last year, Fiona thanked the District Judges for
cases video link hearings should be the compared with just over two hundred the year their valuable time this afternoon. It is
norm even for FDA’s and FDRs. Face to face before. Obviously the impact of the Covid-19 proposed to meet again in another six
should be the exception not the norm rather lockdown. months when, hopefully, the lockdown
than telephone. Children cases may be more will have ended and some semblance of
difficult and they are cases where it may be The listing situation has been assisted by the normality may be returning!
necessary to deal with cases by telephone. It fact that Derby now has a dedicated Family
needs to be recognised that litigants in person Listing Officer. Fiona M K Apthorpe
do not always have the necessary technology. Secretary,
Issue D&DLS
Generally, the Judges felt that the procedural Nick commented that there was a long delay Family Committee
12 www.derbylaw.net
D&DLS has a new gold patron: D&G Legal
We are delighted to come on board as a Gold Derbyshire, suggested that we also deliver numbers. You can see what our clients say about
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introductory article I wanted to tell you a little practising solicitor and who has also been a
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We are a management consultancy firm helping of 24 courses in the areas of crime, immigration, politicians and government departments. I recently
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and compliance services but more about us later. family. Leading barristers are delivering these review of the Justice system ‘The Right to Justice’.
online courses. We will be adding to the list of
The first lockdown did make us think about what areas of law shortly and will be working with other Coming back to helping local lawyers, we also
more we could do for local law firms during what I sets of chambers. provide for instance other complimentary services
initially thought would be a three-month crisis! We and initial advice will normally be free. For
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14 www.derbylaw.net
Saving time has never been more P
important, nor has working together. As
‘Time is precious, more valuable than understand the legalese, track a process a holistic view of every transaction and Initial
money’, is the old adage, though the through a combination of post-it notes, remove these sorts of barriers from the
meaning of time in a property transaction spreadsheets, emails and sporadic phone technology solution.
can be very different depending on your calls. It’s no surprise that home moving is
stakeholder role. one of the most stressful experiences in life, This relies on all parties buying in to the
for these reasons. solution. Many businesses are hostages
A clients’ view of time is often based on to habit and their internal systems, and
outside factors, which, if misjudged, can So how do we change things for the better? some firms have developed their own
lead to a great deal of frustration. I also don’t technology in-house, believing it will give
think there are many property professionals In my view, the only way to meaningfully them greater control. However, very few
in the UK that are happy with the current save time in the process is by creating an businesses have the resources to develop
process, pipeline conversion rates or time ecosystem that connects our community and maintain in-house systems, making
to completion. Cases can always complete together and avoids bringing more our solution, DigitalMove, a much more
sooner. complexity to the process with bit part attractive proposition.
solutions.
It’s clear that every party in the process would The future for property technology lies in
love to save time on property transactions – From the outset, we have taken this companies becoming open and willing
but how? In an industry of paper, pens and approach with DigitalMove. From property to engage with others in the transaction
high street solicitor offices, the clients often listing, all the way through to legal community. We are bringing that future
have no technology available to them during completion, we are laser focused on how into near focus, and we’d love to speak to
a transaction, so are most easily pleased every interaction can be communicated to you about how it will benefit your firm.
and ready to embrace change. every stakeholder. I am sure I speak for
all conveyancers when I say nobody wants Tim Price,
You can understand client frustrations, too. “yet another log in” – by focusing on the Head of Business Development
Unless you work in the industry, you can’t touchpoints and interactions, we can have at DigitalMove
Rob Cope
16 www.derbylaw.net www.derbylaw.net 17
Bell vs Tavistock: Does informed consent
stand in the way of autonomy?
In a landmark court obtained from a person with Parental that impacts on their ability to make an
case, judges ruled Responsibility for that child. This is informed decision - it is the quality of the
that children under where it gets interesting: if the mother information, too. Clinicians must not be
16 years of age were under 16, she could give consent blamed for this, however, since they can
could no longer be for her child to be tested. However, only provide what is currently available
prescribed puberty someone with Parental Responsibility from research and the literature. Every
blockers unless for the mother would have to consent scientist would agree there is always
this has been authorised by the court. on her behalf for her own sample to be more to explore on any topic, but when
The reason: under 16s are not likely to collected...which is a fascinating paradox the knowledge gaps about a treatment
be competent enough to “understand we shall go back to in another article! are so significant, access to it should be
and weigh the long-term risks and regulated with the utmost strictness.
consequences of the administration of Although in the Bell vs Tavistock case
puberty blockers” 1. The judgement did treatment with puberty blockers would Of course, age cannot be entirely ignored
not stop there, though. It also ruled not be undertaken solely on parental either. Adolescents’ ability to assess
that where persons over 16 years of age consent, it was argued that “if the the long-term consequences of certain
are involved, “clinicians may well regard child’s consent was rendered invalid, the treatments may come under scrutiny. A
these as cases where the authorisation treatment would continue to be lawful if the child’s experience of gender dysphoria
of the court should be sought prior to parents had consented.” must not be invalidated, but when the
commencing the clinical treatment”. The remedy could have irreversible effects
legal challenge was brought against Case law offers a mixed bag of on a person’s fertility and sexuality –
the Tavistock and Portman NHS Trust conclusions on that matter. In Gillick experiences someone under 16 may not
in London. One of the claimants was vs West Norfolk and Wisbech Health have been through yet – deciding whether
Keira Bell, who was prescribed puberty Authority [1986], the House of Lords such medication should be prescribed
blockers at 16 by the Trust’s GIDS reached a majority that a doctor could must not be rash or emotional.
(Gender Identity Development Service) lawfully give contraceptive advice and
clinic, but later regretted transitioning2. treatment to a girl under 16, without With that being said, young people’s ability
the consent of her parents 6. But this to make decisions regarding their own
The High Court ruling was not quite the could only be done if she demonstrates health must not be taken away from
outcome people expected and, naturally, sufficient maturity and intelligence to them. However, institutions also have
led to a polarised reaction. While some understand the nature of the treatment. a responsibility to safeguard children’s
welcomed it as “a victory for common wellbeing and step in, if and when Explanation of terms withdrawn or socially isolated and on Lexico.com also meaning of
sense”, others were concerned it would In Re W (a Minor) (Medical Treatment: absolutely necessary. It is a delicate taking unnecessary risks11. Informed Consent
curb young trans people’s rights 3. Court’s Jurisdiction) [1993] Fam.64, balance to strike and an individual Puberty blockers, also known as
The issue of informed consent was a the court ordered that a girl under approach would be required in each hormone blockers, are used to delay Transgender describes a diverse group 5
onsent | Definition of Consent by
C
fundamental part of the judges’ final 16, who was suffering from anorexia case. But when the consequences are puberty. They supress the release of of people whose internal sense of Oxford Dictionary on Lexico.com also
decision. However, it also begs the nervosa, be transferred to hospital likely to be very serious and much sex hormones, including testosterone gender is different to the one they were meaning of Consent
question: Could informed consent stand specialising in eating disorders 7. This remains unclear about the long-term and oestrogen, and stop the body from assigned at birth. To attain transgender
in the way of young individuals’ autonomy was against the girl’s wishes. Although side effects of a treatment, the informed developing breasts, periods, facial hair status in the law, an individual must be 6
K, Gillick v. West Norfolk and
U
over matters regarding their health? she was considered to have sufficient in “informed consent” can become elusive or deeper voice8. The medication is diagnosed with gender dysphoria by a Wisbech Area Health Authority (hrcr.
intelligence and understanding to make and further scrutiny is required to protect prescribed to young people experiencing professional and then apply for a gender org)
In medicine, informed consent has been informed decisions, it was ruled that vulnerable children. gender dysphoria, as well as to treat recognition certificate under the Gender
a cornerstone for a long time. It rests she should still receive treatment. The premature puberty in children. It is Recognition Act, 200412. 7
e W (A Minor) (Medical Treatment) -
R
on the principle that patients need to court emphasised that due to the nature About the author: described as physically reversible, if PubMed (nih.gov)
understand the possible consequences of anorexia nervosa the patient does not stopped, but it is not known what the Notes
of their decision, prior to agreeing to wish to be cured but fulfilling such wishes Dr. Neil Sullivan is General Manager psychological effects may be. It is also 8
hat are puberty blockers? - BBC
W
or refusing certain treatment. It is could lead to severe consequences or of Complement Genomics Ltd (trading unclear if puberty blockers affect the 1
Bell -v- Tavistock judgment (judiciary.uk) News
“permission granted in the knowledge of even death. as dadcheck®gold). The latter is a development of the teenage brain or
possible circumstances”4 rather than a company accredited by the Ministry of children’s bones 9. 2
uberty blockers: Under-16s 'unlikely
P 9
ender dysphoria - Treatment
G
simple “permission for something to Unlike contraceptive treatment and Justice as a body that may carry out to be able to give informed consent' - - NHS (www.nhs.uk)
happen or agreement to do something”5. anorexia - or even DNA testing - not parentage tests as directed by the civil Gender dysphoria is a “sense of unease BBC News
enough is yet known about the long-term courts in England and Wales under that a person may have because of a 10
Gender dysphoria - NHS (www.nhs.uk)
In DNA testing, too, we must have effects of puberty blockers. This arguably section 20 of the Family Law Reform Act mismatch between their biological sex 3
uberty blockers ruling: curbing trans
P
“appropriate and qualifying” consent for makes achieving informed consent 1969. and their gender identity”10. It could be rights or a victory for common sense? | 11
ender dysphoria - Signs
G
each sample to be tested. Consent is almost impossible both for parents and so intense that it leads to feelings of Society | The Guardian - NHS (www.nhs.uk)
required from each adult party that is children, as the information given to Please see: www.dadcheckgold.com depression and anxiety. According to the
to be tested. If the test involves a child either party would not be exhaustive. Tel: 0191 543 6334 NHS, other signs of gender dysphoria 4
I nformed Consent | Definition of 12
ender Recognition Act 2004
G
under 16, then consent must also be Therefore, it is not only the patient’s age e-mail: sales@dadcheckgold.com include low self-esteem, becoming Informed Consent by Oxford Dictionary (legislation.gov.uk)
18 www.derbylaw.net www.derbylaw.net 19Family Matters
Accountants are into everything, the marriage which only one party can take out, namely the family So there we are: a scamper through the need for accountants
aren’t they? And especially when business. An accountant is needed not just to advise on that value, in family proceedings. I did say that accountants get involved in
things go wrong. In these pages but also to advise on the tax consequences of the business being everything!
you will have read (I hope) about divided up or passed into the hands of just one party. And if a clean
how an accountant can act as expert break is not possible, the court will need to know what income such Biog: Chris Makin has practised as a forensic accountant and expert
in commercial litigation, act as a business can yield, so as to fund periodic payments. witness for 30 years, latterly as Head of Litigation Support at a
mediator in commercial disputes, national firm. He has given expert evidence about 100 times. He
investigate fraud, trace and quantify One of the problems encountered increasingly these days is the family also performs expert determinations.
the extent of the ill-gotten gains of business which has provided the couple and their children with a good
the drug trafficker and much else income in the past, but which may have suffered badly in the recession. Chris is a fellow of the Institute of Chartered Accountants where he
Chris Makin besides. I recall one a few months ago – exceptionally for a reasonably small has served on the Forensic Committee, and as an ethical counsellor;
enterprise there were party experts. My opponent had valued the he is a fellow of the Chartered Management Institute, a fellow of
But expert accountants have a valuable part to play in family business at about £1million by stretching logic in favour of the wife the Academy of Experts where he serves on the Investigations
disputes, too. I have acted for many years as an expert in family (the expert’s fees were paid by a rich daddy) whereas I acted for the Committee, and a mediator accredited by the Chartered Arbitrators.
matters, and my work falls into three main areas: as party expert, as husband and valued the whole enterprise at £nil – I saw that it was on
shadow expert (or expert adviser), and as single joint expert (SJE). skid row. When the husband was being cross-examined, he said that He practises as a mediator, from his home in West Yorkshire and
business was so bad that he was applying for a CVA for his company his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020
An expert is allowed to act on the record only with the judge’s and an IVA for himself. His arrangements failed, the company went 7430 0333. He has mediated 100+ cases so far, on a huge range of
permission, and traditionally, the party expert is involved only in the into insolvent liquidation and he went bankrupt. Good news: I was subjects, with a settlement rate to date of 80%. For more see his
“big money” cases. I have been involved in many such cases, but let right, the business was worth nothing. Bad news: I didn’t get paid! website with videos:
us turn our attention just to one. And this is something of which family lawyers must be acutely aware:
is the business worth fighting over? There may be a moral here: ask www.chrismakin.co.uk
I acted as expert for a husband who with his wife had two businesses. your expert accountant early on if there is a worthwhile battle to be
One was an industrial waste business: it had a fleet of skip wagons, had, or a Pyrrhic victory. chris@chrismakin.co.uk
bringing in waste from factories across Surrey, to waste transfer
stations where any recoverable waste was recycled and the rest
went to landfill. The other company owned a huge quarry (in the
greenest of Surrey green belt – quite an asset!) where gravel was
extracted and the landfill was dumped. My opposing expert advised
that, to achieve a clean break, the husband should take the waste
company and the wife should take the quarry company. I saw that
as plain daft, for what would the wife use to backfill the quarry? And
where would the husband dump his landfill, in Surrey of all places?
My solution was far more sensible: let the husband keep both allowed; it was obvious what had happened. The family proceedings
companies, since there was a “marriage” between them, and let were quickly settled on the basis of what the husband’s company
the wife take the family mansion and the bulk of the investments. would have been worth if the trade had not been diverted.
She could live on the investments, and the husband could continue
his successful pair of businesses. And so it was decided, without Then an example of the power of Hildebrand – remember that case?
the need for a court hearing. I acted for a wife whose husband had a very large IT company. There
were large amounts being paid in consultancy fees - always an area
There is also the need for a forensic accountant where there is deep ripe for investigation. My client printed out a lot of material from the
suspicion between spouses. Two quick examples. notebook computer which the husband had left at the matrimonial
home and discovered that there were many invoices for consultancy
In one, the husband had a company selling computer hardware and services. My investigations revealed that they were false: one set
all the add-one services: installation, support, training, etc. His had been invented in the name of a relative of a junior director
website preached the advantages of this comprehensive service. with an unusual name, who in fact was resident in Australia; and
Then he left home and set up with a lady who had a company the other set were ostensibly issued by an Eire company which I
providing very similar services. His company’s profits declined; he discovered from a search at Irish Companies House had been
said he had had to give up many of the services because they were liquidated five years earlier! I regret the overturning of Hildebrand
no longer profitable. by Imerman, for how else could justice have been served?
I took a print of the husband’s company’s website at an early To more mundane matters. These days, district judges are most
date, and currently. He used to have a long list of services, but unlikely to permit party experts to act; they much prefer SJEs. The
most had disappeared. Yet – surprise! – a print of the girlfriend’s reason is obvious: if there is only one expert, there will be only one
company’s website currently showed that she was offering all the valuation (or a narrow range of valuations) produced by that expert.
services which the husband had discontinued. Then inspection So the judge doesn’t have to make a decision between £1million and
of the husband’s company’s sales ledger showed that the regular £nil. I have acted in a huge number of such cases, and the need
income from his clients with service agreements petered out. It for valuations of the family business is clear: with a clean break, it
wasn’t necessary to look at the girlfriend’s books, even if I had been is necessary to determine the value of probably the main asset of
20 www.derbylaw.net www.derbylaw.net 21The responsibility of experts in relation
to their written evidence
(ii) An expert will be giving opinion evidence in
relation to a subject-matter with which a lay
person - specifically, in this case, the judge
- will be unfamiliar. That is why the evidence
is needed. It is incumbent on the expert not
merely to present evidence that is technically
correct, but that makes a fair presentation of
the expert’s opinion. If the expert does not do
that, then criticism is liable to follow.
(iii) It must be emphasised that such criticism
is not intended in any way to be personal or
punitive. It is an intrinsic part of assessing
the weight to be attached by the court to the
expert evidence that is adduced before it.
The criticisms that I have made of Professor
Morgan must be seen in this light. They are
made purely and simply because I need to
explain to the reader of this judgment precisely
A recent judgment from the Honourable Mr advisors. Professor Morgan did not see the why I have preferred - on critical points -
Justice Marcus Smith provides a cautionary draft. Counsel for Mylan - in addition to the evidence of Professor Roth over that of
tale for experts. identifying typographical errors and making Professor Morgan. That has involved a very
other points - questioned the appropriateness close parsing of material parts of Professor
The judgment contains the following in section of my criticisms of Professor Morgan, and Morgan’s written evidence, together with
13: (H) The last point that I make in relation to referred me to the decision of the Court of the oral evidence he gave in relation to that
Professor Morgan’s evidence concerns less Appeal in Re W ([2016] EWCA Civ 1140), a written evidence.
his oral evidence and more the written reports case which considered (in rather different
he submitted before the hearing and which he circumstances) the extent to which it was (iv) To put the same point differently: it would
affirmed represented his expert opinion when appropriate to make factual findings in relation be unacceptable for me to say simply that I
he gave his evidence in-chief. I am afraid that to persons not directly before the court (i.e., preferred the evidence of Professor Roth over
Morgan 1 and Morgan 2 (Morgan 3 is a short witnesses not parties), but named as part of a that of Professor Morgan, without saying why.
and not particularly material report) were, in fact-finding exercise conducted by a judge in Oftentimes, the “why” will turn on technical
critical respects, disingenuous documents, the Family Court. Whilst I do not consider Re matters of legitimate dispute between the
written in a manner that seemed to me W to be precisely on point, I have re-visited the experts, and the judge will explain why the
calculated, not to assist, but to mislead, the draft with Mylan’s points regarding Professor approach of one expert has been preferred
court. I am very conscious that this is the Morgan specifically in mind. I am grateful to over that of another, it being accepted that
most serious criticism that one can make of Mylan for raising the matter so clearly - it was each expert was doing his or her best to assist
an expert, and I do not make it lightly. The right to do so. However, having considered the the court. That is the ordinary case. This - for
main points that have compelled me to this matter most carefully, I have not materially reasons that I have set out in this judgment -
conclusion are dealt with fully in paragraphs changed the terms of the draft, and I should is not such a case.
62 and 67 of this judgment, and I have sought explain why:
to be clear throughout this judgment why I (v) The suggestion was made that the
am not accepting evidence on certain points. (i) An expert is responsible for his or her substance of the criticisms I have made of
Because the points go very much to the evidence, including the precise wording of Professor Morgan’s evidence were not put
substance of the issue that I must determine, any report submitted to the court under to Professor Morgan. I do not accept this
it is not possible to anticipate them here, save the name of that expert. In many cases, the contention. All of the aspects of Professor
in the most general of terms. Suffice it to say, expert will be in need of, and will receive, Morgan’s reports that I have seen fit to
for the reasons given in these paragraphs, I assistance from the solicitors (or other criticise were put to Professor Morgan by Mr
am not confident that I can rely on Professor lawyers) who have retained that expert. Waugh, QC. I have - as is my duty - drawn
Morgan’s reports, save with a degree of That is entirely understandable, but only my own conclusions from the totality of the
caution and reserve that a judge would not serves to enhance the importance of the evidence. The manner and form in which I
normally attach to the report of an expert. expert being entirely satisfied that his or her have evaluated Professor Morgan’s evidence
opinion is properly reflected in the report(s) in light of the totality of the evidence is - as it
(I) As is normal practice, a draft of this submitted in that expert’s name. This is the should be - a matter for me.
judgment was circulated, on terms of strict duty of the expert, and it is not one that can
confidentiality, to the parties and their legal be delegated. Simon Berney-Edwards
22 www.derbylaw.net www.derbylaw.net 23Digital transformation and the evolving family law
The challenges posed by the pandemic have caused law firms to reappraise eliminated the need for traditional, time-
consuming hard-copy bundles, printed
information from one convenient location,
accessible when needed, which thankfully
manage their matters more efficiently and
profitably from anywhere, anytime and
the way they work and how they integrate with their clients. One area of in bulk, duplicated and couriered to for them, LEAP affords. from any device.
all parties involved. The pandemic has
law particularly affected is family law. The pressures on people suddenly greatly advanced the way that bundles are The last year has been incredibly With an investment of more than £8m each
confined to spending more time at home together have led to divorce collated and used, bringing a long-term challenging for the profession and it’s year into research and development, LEAP
improvement to the court process. vital for family lawyers, especially when continually strives to deliver a product
applications and break-ups skyrocketing across the UK. working remotely, to continue to provide that meets the demands of its users.
Helping firms to adapt quickly to online a comprehensive service to their clients. This ensures that law firms using the
John Espley, CEO of LEAP legal software, stand out from the competition. At LEAP we availability of a large library of up-to-date court hearings, over the past year we have At LEAP we are committed to developing software benefit from affordable, yet highly
details 5 key challenges currently being invest over £12 million per year developing family forms and precedents accessible developed integrations with user-friendly, software to help lawyers help their clients innovative technology.
faced by family law firms and advises on software that integrates seamlessly with within the software, as well as our web-based bundling solutions so that and we offer a fully remote implementation
developments in technology that have leading providers in their field so that firms integration with By Lawyers. This means lawyers can, using the information held to helping law firms start doing so as LEAP simplifies a law firm’s IT
enabled these challenges to be overcome, can offer their clients tools that provide family law practitioners need worry less in LEAP, create professional, presentable, quickly and as effectively as possible. infrastructure and provides a world-class
enabling effective working and continued them a complete and uninterrupted about compliance and benefit from real- and cost-effective e-bundles in minutes system for lawyers and staff to work from
provision of this valuable service. remote service such as video conferencing, time access to current legislation, practice not hours. home.
secure and personal document sharing changes and court guidance when working
Challenge 1: and appointment scheduling during these from home. For the client, having to go to court can About LEAP UK Currently supporting over 2000 law firms
Maintaining client contact challenging times. often cause anxiety, so remote hearings across the UK and Ireland to streamline
Challenge 4: Simplifying the are welcomed by some as it takes the LEAP is a cloud-based practice their practices, LEAP has offices in London,
Many of those seeking the help of family Additionally, you must review your website. Financial Statement, the Form E. emotional sting out of the hearing and management system with integrated time Manchester, Brighton, Edinburgh, Cardiff,
lawyers during lockdown are in a vulnerable Does it look professional? Has it become removes face to face encounters. However recording, billing and client accounting. Belfast and Dublin. LEAP Web: www.leap.
position. Often it is not the right time or dated? Is it easy for clients to submit By way of family form automation, a for the family lawyer, although a more LEAP has been developed specifically co.uk
place to make private phone calls, so it is an enquiry? Does it communicate your welcome addition for family lawyers is efficient use of their time, attending for small to medium-sized law firms.
necessary for firms to provide their clients services well enough? Does it get across our latest development streamlining the court ‘remotely’ requires instant access The software’s powerful features allow
a simple, effective, and alternative way for the identity that you want to present for production of the Form E. Traditionally to the latest client, matter and bundle fee earners and legal support staff to
them to get in contact. your practice? Having spoken to a number a very time-consuming process, we
of family lawyers recently it was interesting have created a new solution within LEAP
Providing a digital gateway and enabling to hear how clients value empathy above that simplifies the completion of this
your services to be accessed through an everything else. If your firm takes pride in usually complicated document, meaning
online platform is essential, whether that listening to, and understanding the needs firms spend less time chasing for client
be via your existing website or a dedicated of your clients, responding appropriately information. The real game changer for
platform that offers your client self-service to their individual requirements and them is that this powerful app enables the
capabilities, these portals are assuring concerns, this is something that you must client to complete the details of the form
client privacy, providing access to valuable stress in all your promotion. themselves, in their own time, online, and
information and services and allowing the hence with less margin for error. Once
vulnerable to get in touch when it is the We recently launched our own accreditation complete, this data synchronises with
right, and safest time for them to do so. scheme, the Family Best Practice Standard, LEAP and enables the production of a
which encourages firms to achieve a Form E for the client to sign electronically
Challenge 2: recognised level of service excellence before submission to court.
Marketing family law services through their use of our software which
ultimately provides real value to the end- Challenge 5:
With less social interaction caused by user in terms of the service they receive. Virtual court hearings
restrictions, we have seen a drop in referral For firms that have already achieved
rates for many practices as prospective this accreditation it becomes a fantastic Although more streamlined, the move to
clients are unable to speak to friends marketing tool, a certification mark that virtual court hearings has created several
offering referral advice. assures new clients that you are who issues. Family lawyers have had to adapt
you say you are, and provides them with quickly to different ways of doing things
To maintain a regular flow of incoming confidence that they are dealing with a and technology has played a big part
business lawyers are having to work much lawyer who will provide an experienced and in enabling them to do this. As well as
harder and invest more of their time in competent service. mastering video conferencing technology
self-promotion. (don’t be like the American “cat” lawyer!)
Challenge 3: family lawyers have had to get to grips with
Given the last year, a key selling point of Adapting to legal changes e-bundles.
firms at present is if they can offer fully
digitalised support, servicing the needs of As practitioners are working remotely, Employing a viable tool that enables
the client remotely. If this is the case, they keeping abreast of regular changes bundles to be created in line with court
must make this central to their promotion. in legislation can be a challenge. For requirements has become essential.
It will win them business and help the firm our firms, a real benefit has been the This fast adoption of e-bundling has
24 www.derbylaw.net www.derbylaw.net 25You can also read
