SoloSummer 2020 - TO INSPIRE TO PROMOTE TO LEAD - SUPPORTING SOLICITORS IN SOLE PRACTICE
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TO INSPIRE
spg.uk.com
TO PROMOTE
TO LEAD -
SUPPORTING
SOLICITORS IN
SOLE PRACTICE
solo
Summer 2020
IN THIS ISSUE:
Professional Indemnity Insurance Questions
Solicitors Indemnity Fund Closure
Council Member‘s Report & more...
Why SPG members
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contents
summer 2020
4 From the Chairwoman
solo
20
10 Facts about a Live-in Care Package
from Able Community Care
6 Sole Practitioners Group
8 Honorary Secretary’s report 21
The Pandemic Effect: The Outsourced Transcription
Provider as a Resource
12 Inspection of a Company's members' register for
a proper purpose - time is of the essence 22
No fault divorce to be enshrined in law
14 Witnessing Wills remotely 24
Why subscribe for LawSkills Monthly Digest?
14 Biographies: Jennifer Houlihan & Anika Holm 26 How Law Firms need to adapt their marketing
post Covid-19
16 Council Member‘s Report
28
Will adoption of technology in the conveyancing
18
The evolving landscape of Professional sector speed up following the lockdown?
Indemnity Insurance
30
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04
From the Chairwoman
On Lobbying, our resident Oracle Clive Sutton convalescing by my fellow Officers on the
the Honorary Secretary has worked indefatigably Executive Committee, especially Clive Sutton
on your behalf particularly through the Law and Joanna Connolly, and Lubna Shuja
Society on the gaps in Government support Council Member.
as set out in his report, and we thank him for
We live in challenging times. the huge amount of time he has invested on But since the last SOLO magazine we have
your behalf. nevertheless been able to implement a change
I write this as we hope to come out of in SSPG administration after Charley Maserati
lockdown gradually in July, but with the And we continually refer members individually or of BYWORD needed to relinquish the contract
possibility of a second wave of the pandemic through the information on the website to those for health reasons. We are enormously
COVID – 19 affecting us all later in the year. who can best help them in specialist enquiries, grateful for her help in the past, and on her
be that for insurance quotes, mental health recommendation we have divided the job
So, this is the new normal – not just a short challenges, or cashflow crises. into 2 areas, and appointed Anika Holm of AH
interruption to business as usual. Many will never Business Solutions as our general administrator,
return to working full-time from an office, court I was also concerned that the public image of the and Jennifer Houlihan of Dotted Lines Events
procedures are being revolutionised online sole practitioner should be one of solid reliability as the conference Organiser. Both have faced
daily, and cash flow with or without government for our clients and contacts, so in responding unexpected events with equanimity and success
support is an ongoing tension for many. to media enquiries we have emphasised the – Anika dealing with the COVID-19 information
flexibility of our small practices and the fact that and enquiries, and Jennifer negotiating
So how can we help you, our members, get for most of us working from home is simply an successfully for the return of our deposit on the
through this? extension of normal procedure, so clients need Malaga conference from the hotel.
not be concerned about our reliability.
We have a four way approach: And of course by now we would be expecting a
1. INFORMATION Of course for some of you this has been a time report on another successful conference – this
2. LOBBYING without clients or cash flow and I hope that for time in sunny Spain, but that was not to be.
3. REFERRAL most the government schemes have helped Indeed, conferences of any sort in person may
4. MEDIA RESPONSE you to manage your businesses into survival well be difficult for the future while we all abide
mode. For others (for example myself as a family by regulations national and international to
For information, we have circulated emails and lawyer) we faced a sudden barrage of procedural safeguard our health and that of others.
posted information on the website from the Law changes requiring input in technology and
Society (which included Government financial therefore training and expenditure at a time of However, that does not mean the Group cannot
assistance), our sponsors Lockton Insurance challenging cash flow and changes in how we are reach out to members with useful information
Brokers and the National Cyber Security Centre able to operate our offices and staff attendance. and discussion. The new normal of Zoom
and dealt with as many individual enquiries as we Still others faced the challenge of being required or similar meetings is working increasingly
are able. to isolate themselves due to underlying successfully, and we have been delighted with
conditions while carrying on a business online. the numbers at our recent webinars.
I spoke on a webinar on the 26th June on
Support for Sole Practitioners during the As we come out of lockdown, and conveyancing Watch out for emails informing you of further
COVID-19 crisis, and on the 1st July Brian and most other legal disciplines open up once online webinars coming up from the National
Boehmer and Mark Rowson of Locktons more, I hope that you will all be able to face the Centre for Cyber Security and the Legal
Insurance Brokers our sponsors spoke on new challenges ahead of us. Ombudsman in the near future.
The Impact of COVID -19 on Professional
Indemnity Renewals. Both webinars, with the My own situation was complicated by a diagnosis I wish you all health and success in the
interesting question and answer sessions that of breast cancer in February and surgery the new normal world, and the Solicitors Sole
followed are on our website for members to day after we went into lockdown, and I am Practitioners Group will be doing all we can
watch at your convenience. most grateful for the help given while I was to inform and empower you in the future.
spg.uk.com
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06
Sole Practitioners Group
Executive Committee 2019
PENNY RABY CLIVE SUTTON SUKHJIT AHLUWALIA
Chairwoman and Head of Conference Honorary Secretary & Council Member Head of Marketing Sub-Committee
Penny has been a SP specialising Clive specialises in litigation Having worked in some of the
in family law for 20 years, working covering most aspects of most prestigious banking and
with her husband Mike a Forensic private and commercial work consultancy organisations, Sukhjit
Accountant on divorce cases and has been a sole practitioner opted to provide a more personal
involving business and complex in Lymington in Hampshire one to one service and believed that
asset and income tracing and Inheritance Act since leaving a partnership in 1998. His other this could be best done through his own practice.
disputes. She won Worcestershire Family Lawyer interests are as Chairman of his local Amenity He has been based in Goodmayes in Ilford since
of the Year award in 2014 and was nominated Society in Lymington and Trustee of the New 2003. In his private life, Sukhjit likes to get involved
for the National Family Law Magazine Family Law Forest Centre Museum in Lyndhurst. In the in a number of charitable activities, working with
Firm of the Year for 2015. She has appeared on past he has served as Chairman of the local organisation to assist people from all backgrounds
radio and television and, with Mike, has toured Citizens Advice Bureau and Churchwarden and ages in reaching moral excellence either in
their networking pantomime ‘Snow White and and in the early 70s as a Resident Magistrate their private life or in their professional capacity.
the Seven Small Business People ‘ internationally, in the Seychelles. Whilst he is quite a shy person, Sukhjit has been
including a notable performance at the 2016 SPG part of two documentaries exploring the changes
Conference in Prague! Clive has been an SPG committee member that have taken place in the traditional arranged
since 2000 and served as Chairman, and then marriage process. His children are still young and
Tel: 01386 555 114 as Hon Secretary and Chair of the Insurance take up a great deal of his time but when he does
Email: pennyraby@harmony-house.co.uk Subcommittee from 2006. He was on the Law have time for himself, Sukhjit likes to sit, read a
Penny Raby & Co, Harmony House, 7-9 Church Society Council Membership Committee for good book and watch the world go by.
Street, Pershore, Worcestershire WR10 1DT 10 years and since 2017 has been the SPG
Nominated Law Society Council Member, Tel: 020 8215 0884
serving now on the Councils Scrutiny and Email: sukhjit_ahluwalia@ae-law.co.uk
Performance Committee. Avery Emerson, Gloucester House, 335 Green
JOANNA CONNOLLY Lane, Ilford Essex IG3 9TH
Vice-Chairwoman Tel: 01590 672 595
Joanna Connolly specialises in Email: solicitor@clive-sutton.co.uk
the areas of Consumer Credit, Clive Sutton Solicitor,
Contentious Probate, and 3 The Old Print Works MOSES AJAYI
Insolvency. Joanna is a solicitor with 85b High Street, Solicitor
Higher Rights of Audience who is Lymington, Moses was admitted as a Barrister
qualified to represent clients as an Advocate in Hants SO41 9AN and Solicitor of the Supreme Court
the higher courts in England and Wales. She was of Nigeria in 1987. He has also
previously Head of Consumer Credit Litigation been admitted as a Solicitor of the
at MSB Solicitors and has had extensive litigation Supreme Court of England and
experience both at County Court and High Court SUSHILA ABRAHAM Wales. Moses is a Sole practitioner and specialises
level. Joanna had conduct of the lead Consumer Solicitor in Human Rights and Immigration. He is also
Credit Act High Court case Carey v HSBC Bank Sushila has lived in Surbiton, engaged in general civil and criminal matters on a
Plc [2009] EWHC 3417 (QB) as well as cases in the Surrey for over twenty years. private fee basis. In his spare time he enjoys sailing
Court of Appeal. She decided to start her own and has participated in many sailing events around
practice locally because she the world. He also enjoys discovering new places
Tel: 0330 053 9340 wanted to offer quality and care and spending time with his family.
Email: enquiries@joannaconnollysolicitors.co.uk to the local community. She also wanted to
Joanna Connolly Solicitors, be free from pressure to overcharge clients Tel: 020 7733 6506
33 Cheadle Avenue, in order to meet the profit and billing targets Email: brazenglow@aol.com
Liverpool L13 3AE set up by some of the bigger law firms. She is Slade & Fletcher Solicitors
married to Matthew a barrister, and they have 1st and 2nd Floors
one son who has also qualified as a barrister. 348a Camberwell New Road
In addition to being wife and mother, running London SE5 0RW
KEM MASINBO-AMOBI her practice in Surrey, and her role on the
Honorary Treasurer SPG Executive Committee, Sushila is also
Kem qualified as a solicitor in ‘Cllr Sushila Abraham’, having been elected
November 2002 under the tutelage as Lib-Dem local councillor in the Borough DAVID BARTON
of Mr Martin Mears (former of Kingston in a by-election in February 2013 Editor of Solo
President of the Law Society). Kem and then re-elected in May 2014. Sushila David qualified as a solicitor in 1982.
has over sixteen years commercial was also President of Surrey Law Society and For 20 years he was a partner in a
experience gained in a variety of demanding and was elected as Law Society Council Member medium-sized mid Kent firm from
challenging environments. Kem’s employment for Surrey. She is also a Board member of which he retired in 2003 to start his
history includes time spent at some of the most the Membership Board at the Law Society own practice as a sole practitioner.
prestigious legal firms in Suffolk and Norfolk. A and a Trustee of ICLR representing the Law Since then he has specialised in solicitors’
keen gardener, Kem has completed the RHS Level Society. Sushila is a very community minded professional misconduct and criminal road traffic
2 Certificate in Horticulture and her other hobbies person and had run cookery classes for local work. In April 2002 David was awarded the Higher
include reading, travelling and cooking in true school children, which she called “Suzie’s Court’s (All Proceedings) Qualification.
“Nigella” fashion. Kitchen”, believing in the importance of
teaching life skills. From 1996 until 2016 David was one of the
Tel: 01473 760 046 SRA’s external prosecutors. He also advised and
Email: kem@kmasolicitors.co.uk Tel: 020 8390 0044 represented solicitors and their firms in regulatory
KMA Solicitors, Email: office@sabrahamsolicitors.co.uk difficulty, and now does that exclusively.
Saracens House S Abraham Solicitors David is married with 3 grown up children. He is a
25 St Margaret’s Green, 290a Ewell Road, keen cyclist, golfer, walker, traveller and reader.
Ipswich, Suffolk Surbiton
IP4 2BN Surrey KT6 7AQ Tel: 01580 292409
spg.uk.com
07
Email: davidbarton@dblaw.co.uk property disputes in the High Court and County paying particular attention to the needs of Sole
David Barton Solicitor Advocate Limited Court. He is a member of the Employment Practitioners. Tahira understands that being a
Flagstones, Biddenden, Kent TN278JG Lawyers Association and speaks French. Married sole practitioner can be a lonely experience but
with a son who keeps him very busy when not in networking with like-minded individuals makes
the office, he is also a school Governor of his local all the difference. She is glad that there is an
Primary School and enjoys reading, cycling and independent body outside of the Law Society
RAHIL CHAUDHURI the cinema. that is working hard to look after its members
Solicitor interests. Tahira is based in Bury, Greater
Rahil Chaudhari is a Senior Solicitor Tel: 020 7112 5209 Manchester where she lives with her family. She
at Arlingsworth Solicitors. Rahil Email: admin@hinde-law.com has lots of interests outside of the law including
secured an LLM at University Hinde Law Ltd, 71 - 75 Shelton Street politics. Tahira was previously an LEA school
College London and then went on London WC2H 9JQ governor and has stood as a candidate in the
to train and work at some of the local elections and is passionate about civic duty
most prestigious law firms in the City before joining and putting something back into the community.
Arlingsworth in 2005. Rahil is a highly experienced It is a lot to juggle with but Tahira is proud of the
and versatile solicitor and has practiced in HAMISH MCNAIR work of the SPG because she believes in better
the fields of immigration, family, commercial, SRA Liaison Lead representation for Sole Practitioners!
employment and litigation for the past 20 years. Hamish is based in Fulham, London.
He now specialises predominantly in immigration, Having initially specialised in Tel: 0161 222 6092
human rights and company law. Rahil has become a copyright and trade mark work, Email: info@mikhaellaw.co.uk
leading authority in these areas. Rahil’s client base both in the City and New York Mikhael Law, 197 Rochdale Road
spans a wide range of sectors from multinational City, his practice now includes Bury, Lancs BL9 7BB
companies to private individuals. Rahil always works conveyancing, wills trusts and probate, as well
tirelessly to achieve successful results for his as litigation. Married with three children, when
clients and he is driven by providing exceptionally Hamish is not in the office or involved in SPG
high standards of client care. matters he enjoys open-air swimming, sailing, LUBNA SHUJA
overnight bike rides, and also has a passion for Council Member
Tel: 01273 696 962 the theatre. Lubna qualified as a solicitor in
Email: rahil.chaudhuri@arlingsworthlaw.co.uk 1992. She was a partner in a high
Arlingsworth Solicitors Ltd, 145 Islingword Road Tel: 020 7371 7896 street firm in West Yorkshire for
Brighton, East Sussex BN2 9SH Email: hamish.mcnair@mcnairlaw.co.uk many years and then started her
McNair & Co, EBC House, Ranelagh Gardens own practice in Birmingham in 2007
London SW6 3PA undertaking mediation, family and civil litigation.
Lubna became a CEDR accredited Mediator in
DORCAS FALODE 2005, and is dual qualified to conduct both Civil
Solicitor and Family mediations. Lubna is also involved with
Dorcas is a Sole practitioner, at OLUWAKEMI MOSAKU various regulators and she Chairs a number of
home and abroad. She recently Solicitor Disciplinary/Professional Conduct Committees.
celebrated 10 years of being a SP Kemi was called to the Nigerian She is a Law Society Council member where she
with offices in London and Lagos. Bar as a barrister and solicitor of represents the interests of sole practitioners,
She flies in and out of the UK on a the Supreme Court of the Federal Chair of the Law Society’s Membership and
regular basis dealing with a variety of cases. She Republic of Nigeria in 1989 and Communications Committee, and she also sits on
specialises in Immigration Law dealing with entry admitted as a solicitor of the the Law Society Board.
clearance cases, family reunion, visitors’ and Supreme Court of England and Wales in 2004.
students’ visa applications. The practice also deals She has a varied work experience which includes Tel: 0121 551 7866
with family and education cases, giving a voice to working in the immigration department of the Email: info@legalswan.com
the weak and defenceless. Dorcas is married with Home Office, private practice both in legal aid Legal Swan Solicitors,
four children. When she is not busy attending to and privately funded matters in the UK. Her last 1st Floor, 168 Hamstead Road, Handsworth,
clients, she works as a counsellor, nurse, cook, taxi role was head of immigration department in a Birmingham B20 2QR
driver, tutor of her four young adults. She loves to firm before setting up as a sole practitioner. She
travel and finds shopping very therapeutic. specialises in Immigration and Human Rights Law.
She also undertakes family law work and landlord
Tel: 020 3223 1061 and tenants. Outside of work Kemi is a trustee in NICHOLAS WOOLF
Email: df.solicitors@yahoo.co.uk a thriving charity and enjoys spending time with International Arm
DF Solicitors, 791 Sidcup Road her three sons. She also enjoys keeping fit, music, Nick was admitted as a solicitor in
London SE9 3SB networking, reading biographies and current affairs. 1979 and was a junior partner in
two firms in London before starting
Tel: 01634 780 230 his own practice in the West End
Email: info@emeraldsolicitors.co.uk in 1987. In 2011 he moved on
DAVID HINDE Emerald Solicitors, The Old Courthouse, 1 The to create a niche international commercial and
Solicitor Paddock, Chatham, Kent ME4 4RE family practice in Chancery Lane. He is a Member
David is a dispute resolution of the Solicitors Family Law Association and has
specialist with over 20 years’ trained other professionals on family law matters
experience dealing with civil and and anti- money laundering. Nick is married
employment law matters. After TAHIRA SHAFFI with four children and he has a range of hobbies
reading law at the University of Past-Chairwoman which include travel, music, tennis, reading and
London he trained and qualified in the City of Tahira has been a practicing photography.
London working at leading law firms before solicitor for 20 years. She set up
starting his own niche practice as a sole as a sole practitioner after being Tel: 020 7242 6018
practitioner based in Covent Garden. Acting for made redundant in 2010. She has Email: info@nicholaswoolf.com
individuals and SME companies he has dealt with found the SPG to be an extremely Nicholas Woolf & Co Solicitors
a wide-range of cases ranging from judicial review helpful point of contact on so many issues 87 Chancery Lane,
in the European Court of Justice to contract and which are affecting the whole profession whilst London WC2A 1ET
spg.uk.com
08
Honorary Secretary’s report
Summer 2020
On the subject of Executive Committee meetings, postponed to the AGM to take place in 2021 and
these are now being held on an ad hoc basis as that in the meantime all officers and committee
and when there is matters to be discussed arising members retain their respective positions.
out of events. We had a very successful meeting
on Zoom with most of the committee members This is in line with the position adopted by many
present, which took place on the 18th May. It is organisations and we are fortunate that our
likely that the next meeting will also be on Zoom. Chairman, Penny Raby, has agreed to stay on
for an extra year and that our Vice-Chairman, Jo
That meeting announced the retirement of Charley Connolly, has also agreed to continue her vice
Maserati and her partner, Nick, who have provided chairmanship for the extra year which will mean
sterling help to us as administrators over the last few that if she takes up the chairmanship role she will
years, particularly in relation to past conferences. have been an officer for three years when she
We are very grateful to them for their help. completes her chairmanship.
They have been replaced by an Anika Holm who is Many of you may know informally, but not formally,
I always start my reports by looking at the providing excellent administrative backup to me as that in April Penny underwent a cancer operation
previous one to see where we were. Reading secretary. She deals with the telephone queries, (which if the conference had gone ahead she
the previous report, as far as I can see we were and is keeping the emails in order, reminding me would have been prepared to postpone until June).
living in a parallel universe talking confidently who needs a reply. I can say that there is a steady Shortly after that she contracted coronavirus
about our conference in Malaga in June 2020, stream of queries from sole practitioners both symptoms. Thankfully she is now well on the way
which would now have taken place more than a active, potential and retired all requiring some to recovery and gave a very good presentation at a
month ago. form of advice which can be quite often easily recent Zoom conference putting forward the sole
given and hopefully can be reassuring. practitioners’ position in relation to the lockdown.
Curiously the one item in the previous report, I should add that our executive committee has not
that was prescient to the present situation was So can I take this opportunity to say that if anybody been unaffected by the virus and that at least two
the prospect that the Annual General Meeting does feel they want to share any problems with the members and their families suffered from the virus
would have been dealt with by some form of Group then email info@SPG.co.uk which will be in the early part of the pandemic but hopefully are
Skype connection for those who wanted to be seen by Anika and myself and I will either reply to it now fully recovered.
involved from the UK and had not been able to go or pass it on to one of the other officers or another
to Malaga. I was a bit worried about how this would member of the committee if it is more specialised. At an early stage in the lockdown we were asked to
work, but I am sure there is not one of us now Do email even if you don’t have a problem, but make a comment to the Gazette as to its impact
who has not been involved in a Skype or Zoom or merely wish to pass on a particular view which on sole practitioners. Penny’s view leading the
Microsoft Teams Meeting. you think would be helpful to the Group and other Group was that we should put a positive spin on
sole practitioners. this showing that sole practitioners can be flexible
Touching firstly on the 2020 conference we have in responding to unexpected circumstances and
to be very grateful to our Chair, Penny Raby and Anika’s work will be supplemented by Jennifer servicing their clients’ needs whatever arises. There
her colleague Jennifer Houlian who has worked Houlian who will deal with conference organisation obviously were, and are, many members of our
tirelessly engaging with the Malaga hotel to which has always demanded a lot of concentrated Group who have been badly affected by the virus
discuss firstly a potential delay in the conference work leading up to the conference and it will help to and the lockdown effectively shutting down some
to September, but when that became impractical, have this function and the general administrative aspects of legal work particularly for those who are
then a possible rebooking for next summer, function separated. in niche practices where their work is affected.
but now that that also is not a clear situation, to
manage to disengage from our relationship with Also dealt with at the last committee meeting was However looking back we think the positive
the hotel, and the recovery of the significant the question of the Annual General Meeting which response that we gave has been important.
deposit which we had already paid. was to have been held at the Malaga conference. This may have contrasted with the somewhat
This has been dealt with on the basis of a pessimistic response which may have been given
We therefore approach a future conference with resolution circulated to the Executive Committee by The Law Society, which may have had the
no obligations one way or another and can make and which was passed unopposed. The resolution effect of putting clients off going to High Street
a reasoned decision as to whether to go to Spain was firstly to the effect that there should be no solicitors, and which was possibly an unfortunate
next year or in the foreseeable future or hold next AGM called for 2020 and that the next AGM of the impression to give to the public.
year’s conference in this country. A preliminary Group shall take place at the same time in 2021.
decision will be made by the Executive Committee Secondly that all the provisions in the constitution The Group have passed on all Government and
at their next meeting. relating to election and re-election of officers be Law Society recommendations as to coronavirus
spg.uk.com
09
and the grants that were available. At an early Locktons are receiving a lot of support from sole firm’s remote working processes and policies
stage, at the request of two of our members we practitioners as a result of their promotion and the and be told frankly what risks are involved in
made strong representations to The Law Society service that they are now providing the Group. remote working with individual firms and what
to try to emphasise the difficulties of those who has been done by the individual firms to mitigate
worked as directors and shareholders, through a Incidentally during a recent insurance Zoom those risks by way of supervision of work and
limited liability company and whose earnings by seminar organised by SPG in conjunction with communications.
way of dividends, as opposed to directors fees, Locktons on “The impact of Covid 19 on PII
were not taken into account in the calculation of renewals”, it was gratifying to see the comments In addition insurers would be looking very closely
the grant - open to small firms with earnings of page coming up with various people, unprompted, at the financial viability of firms bearing in mind
less than £50,000 per annum. The representations commenting on the good service that they that the minimum insurance terms with which
were well received but unfortunately have not had from Locktons in the last renewal round. In every insurer has to comply is to provide six-year
been acted on by Government, presumably addition the webinar is available to view on the run-off cover, regardless of whether the run-off
because of the difficulties of calculating how the SPG website for anyone who missed it. premium is paid on the cessation of business. This
grant should be made. I find there is a significant unknown quantity is clearly causing aggravation to
pressure group building up, supported by over 200 Last week I was fortunate enough to be invited insurers who would like to be able to quantify the
MPs, to try to remedy this injustice. by Nick Gurney Champion, the Chair of The risk much more accurately.
Law Society Professional Indemnity Insurance
Finally I hope as many of you as possible have been Committee, to listen in to the regular insurance Features which help negotiations over the run-off
able to survive the coronavirus lockdown and to be brokers roundtable with The Law Society premium are the fact that the firm has kept good
able to work as much as possible from home and representatives. Factors that came out of this records and will store those records into the
stay safe. discussion are that the market has hardened future. This of course is much easier these days
recently. That hardening took place a year or so on the basis that everything can be scanned onto
Professional Indemnity ago so there may be more of an uplift on those a disc rather than all the previous firms papers
renewing after 18 months rather than those who having to be stored in a garage somewhere.
Insurance Questions have renewed within the last year. Insurers are
My other hat is as chairman of a committee of one unfortunately not coming into the market looking n Honorary Secretary's report continues on page 11
dealing with our relationship with our preferred for business. If anything
insurance brokers who are now Locktons. It was they are leaving the
disappointing to lose contact with Richard Brown market. There was
who had supported us for many years through also a discussion as The Ultimate
his various organisations. Incidentally, many of to whether minimum Post-Completion Service
you who remember him at conferences will be premiums would have
is FINALLY here!
pleased to know that I have heard from him again to raise to a minimum
that he has emerged from gardening leave as a of £5000 per year,
consultant broker. regardless of the
amount of business.
Increase your profits
Our relationship with Locktons got off to a good without increasing your staff costs
start in early 2019 with their immediate support As ever the advice
for us at our 2019 conference followed by their from brokers is to
support at our autumn 2019 meeting at The provide very detailed PCC IS OFFERING A COMPLETE POST-COMPLETION
SERVICE TO ENABLE YOU TO FOCUS ON EXCHANGES
Law Society. Obviously we were hoping that they answers to questions
would have a presence at the Malaga conference in the proposal form PCC carries out the following so you do not have to;
but they have accepted the inevitable with very and to start the Submit Registrations
Submit MR01 Forms
good grace on the basis that they have made process earlier bearing Address Land Registry Requisitions
it clear that they see their relationship with the in mind that there is Submit Notices to Third Parties
Send Title Information Document to Clients
Group as a long-term relationship, even though less appetite to take
Review Ledgers
the formal agreement between us is currently on business from people Archiving
a year-to-year basis. who have started late
The benefits of outsourcing your post-completion formalities are;
and have not provided Larger Pre-Exchange Team - More Productivity
I have been pleased to be able to report to the full information. More Exchanges
Happier Clients
officers and in particular the Treasurer that the full Obviously insurers
Increase in Revenue
amount of the payment due to the Group from the will need to take into
agreement with Locktons for last year has now account that much PCC helps create the flawless conveyancing experience for your
clients and your team.
been received. Whilst not providing specific details work is being done, and
in this article, as opposed to the AGM, I can say indeed in the future For further information call Priscilla Sinder
on 07984 290634 or email psinder@pc-consultancy.co.uk
that this is in line with the higher of the projections will be continued,
which Locktons made and whilst for this year on a remote basis Created by property lawyers
it was lower than our usual annual receipts, the and so insurers will for property lawyers
propertyconveyancingconsultancy.co.uk
projections look good for the future because want to question the
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Honorary Secretary’s report
Summer 2020 continued
Solicitors Indemnity comes in after that date they could find their and a member of the Board nominated as a
personal assets and financial retirement plans at Council member by the Group, and also myself
Fund Closure risk, following the withdrawal of cover. as a Council member, but outside the internal
That brings me finally I hope to the last subject which steering group, and monitoring the position
is the perplexing issue of the closure of SIF. The story The SRA had already extended the closure of SIF on behalf of the SPG. I have personally been in
so far is that, as many of you will know, and many once to the 30th of September 2020. Discussions correspondence with the SRA who are supportive
of you will have paid to the old Solicitors Indemnity have been held within The Law Society about this of the need to assist as much as they can to find
Fund, there was a residual balance from the Fund on but no plans have been in place to put in hand to a future solution and I believe The Law Society
closure in about 2000 which has continued to pay create some form of scheme to help the retired accept that this has to be achieved. I know from
out for losses sustained after the termination of the solicitors and they were left to make their own recent discussions that Nick Gurney-Champion
minimum terms run-off of six years. approaches to insurers. The insurers were not is working to set up and agree a scheme which
prepared to hand out ad hoc policies without will continue to provide ongoing cover although
The powers that be say that everybody knew that all the necessary background material as to the investigations into this in the past have felt that
this fund would come to an end at some stage in risk, to enable them to do so as this would involve there would be significant difficulties funding any
the future. However not many people who were extensive investigations which were not under way. such scheme.
around and thinking about matters at that time
remember being told that! The Fund is effectively As a result of this and facing the oncoming I hope that Locktons can take a prominent part
controlled by the SRA as a protection for the express train coming down the tracks, The Law in coming up with such a scheme which will take
public, and the SRA have now taken the view that Society asked the SRA for a further three years account of the resources that are available and
their regulatory requirements do not require extension to the fund. Having given one extension put proposals which can be considered by the
the protection of the public beyond the first six it was unlikely the SRA was going to give another, profession as a whole and by sole practitioners
years of run-off following closure of the business but they may have been persuaded by the in particular.
in question. The SRA have been working on the argument put forward on behalf the Group, that
assumption that there are very few claims which whilst the SRA had made their decision, there had For those of you who remember as far back as far
extend beyond the six years. If that is the case, then to be a chance for The Law Society, in the light of as the Founders Fund, to which I believe original
why has the residual SIF fund now started to run out the current pandemic, to have further time to be members each contributed £50 to form the Group
of money. As solicitors we all know that many claims able to put together a scheme to provide some many years ago, the Executive Committee has taken
extend beyond the initial six years limitation period. protection for retired members. the view that that would be an appropriate fund
to support those retired members by way of any
I have been getting numerous concerns from On that basis the SRA has given a non-renewable legal advice required to support the SRA and now
retired solicitors some of whom retired more than extension of the Fund for a period of one year The Law Society do the right thing by those retired
six years ago who were worried about waking up on to the 30 of September 2021 which needs to members. That fund has always been £15,000.
the 1st of October 2020 and finding if an unlikely, concentrate every one’s mind to some formal
but as solicitors know, potentially disastrous claim scheme. I have already had discussions on behalf The Law Society cannot take any action against
the Group as far back as February with Locktons the SRA because they are still technically one
as to the sort of possibilities which are available organisation, but the SPG, having been put in the
‘‘
using the balance of the funds to provide some position of having to leave the formal relationship
sort of block premium for a form of policy, possibly with The Law Society, is able, if necessary, to
TLS CANNOT with a limited form of cover, to at least provide take action against either organisation. However,
TAKE ANY ACTION protection against the worst losses which might
be suffered from a post six-year run off claim.
having said that it can be said that the SPG
relationship with both organisations is the best
AGAINST THE SRA that it has ever been in recent years, and we have
BECAUSE THEY ARE The difficulty is that neither The Law Society nor
technically the Group formally represent those
to get the best deal for retired members as a
result of that cooperation but in the knowledge
STILL TECHNICALLY ex-members as many of them are now no longer that if the deal is not what it should be the Group
active and practising, but as far as the Group has the resources to question it.
ONE ORGANISATION, are concerned they are likely to have been sole
BUT THE SPG IS ABLE, practitioner members when they closed without As I have said for many years at the end of my
finding successor practices. client care letter, if you’ve managed to read this far
TO TAKE ACTION then thank you.
AGAINST EITHER You will be glad to know that we have Lubna
Shuja as Chair of The Law Society Membership Clive Sutton
ORGANISATION and Communications Committee (“MCC”) Honorary Secretary
spg.uk.com012
Inspection of a Company's members'
register for a proper purpose
- time is of the essence
is no fee for a member (sections 116 and 117,
Companies Act 2006 (CA 2006)). 4 After the purpose is established the Court
will consider whether it is proper. The test of
whether the purpose is proper is an objective one
Where a company receives a section 116 request made by the Court on the basis of the evidence
for access, that complies with the Act, it has five before it and will often depend on the precise
working days from receipt of that request to allow facts and circumstances.
inspection and/or provide a copy of the register
or, if it believes that the request is not made for a
proper purpose, to refer the request to the Court
5 The Court may have regard to the guidance
note issued by the Institute of Chartered
Secretaries and Administrators, which might
› The Problem
(section 177, CA 2006). Under section 117(3) provide useful guidance in a particular case.
In order to determine who the members of a
company registered in England and Wales are it
of the CA 2006, if the Court is satisfied that the
inspection or copy is not sought for a proper
purpose, the Court must direct the company
6 The test for whether a purpose is proper
does not depend on whether it is in the
interests of the shareholders. The person
is possible to do so by inspecting the company not to comply with the request by making a “no (whether a shareholder or not) making the
register. Indeed this is likely to be the only reliable access order”, and it may make a further order request may have his own interest in making
and accepted source of information and can be regarding the company’s costs. If the Court the request.
of considerable importance.
I have advised clients on a number of occasions
makes a no access order and it appears to the
Court that the company is or may be subject to
other requests of a similar purpose (whether
7 The onus is on the claimant company
to satisfy the Court on the balance of
probabilities that the request is improper.
to seek inspection of a company’s register in
cases where membership of a company has
made by the same person or different persons)
it may, direct that the company is not to comply 8 If the Court is in any doubt it should not
make a no access order.
been an issue and potentially disputed and
carried out such inspections. This is essential
to establish who the company’s registered
with such a request (section 117(4), CA 2006).
The CA does not define a “proper purpose”, the
9 It is for the person making the request,
rather than the Court, to consider whether
access will be of value to that person.
shareholders are. question of what a proper purpose falls to be
decided by the Court. In Houldsworth Village, The Houldsworth Village case is particularly
The law on the right to inspect at first sight Judge Hodge QC approved principles in two interesting as Mr Barton, who was a member of
appears very clear. However, there are some earlier Court of Appeal cases and an unreported a leaseholder owned management company
grey areas illustrated by the recent case of case called The Hut Group Limited v Zedra Trust (responsible for the management of residential
Houldsworth Village Management Company Company (Jersey) Limited. apartments) made a request to inspect the
Limited v Barton [2019] EWHC 3590 (Ch) company’s registered members. He stated that
(“Houldsworth Village”). The guidance as to the proper purpose test it was to “contact my fellow members with a view
applied to sections 116 and 117 of the CA 2006 to seeking a general meeting of members and
The Court in this case sought to further clarify are as follows: proposing resolutions to remove and replace
the law and illustrated that it may be an uphill task
for a company to refuse a request for access. 1 The criminal penalties imposed by section
118 of CA 2006 emphasise the importance
the legislature attached to the right of access to
the existing directors and managing agent”. The
company opposed the request and sought a
declaration under section 117 CA 2006 that Mr
› The Law
the share register. Barton did not have a proper purpose in requesting
Any person is entitled, on payment of the
prescribed fees, to inspect a company’s register
2 The expression “proper purpose” in section
117(3) CA 2006 ought to be given its
ordinary and natural meaning.
an inspection of the register of members.
It is of note that although Mr Barton did have a
of members and index of members and to be
provided with a copy of the register (or any part
of it), but these rights are subject that person
3 The purpose should first be identified. That
will normally be described in the request but
the Court is not restricted to the purpose in the
particular purpose in requesting an inspection of
the register of members he gave an undertaking
to the Court confirming the purposes stated
submitting a request that contains certain request. The Court will determine the purpose of above. That factor was particularly persuasive
prescribed information, including the purpose the request on the balance of probabilities on the given that an undertaking to the Court has
for which the information is to be used. There evidence before it. criminal sanctions for its breach.
spg.uk.com013
What makes the case of particular interest is that In the Houldsworth Village case, however, Advice should be taken by a company as soon as
Mr Barton in another and earlier case had made Mr Barton’s request was upheld, as it was a compliant request is received given the period
another request for access in respect of another perfectly proper to make a request seeking to of only 5 working days to either provide a copy
company. That request had been refused by the remove persons as a director of a company of the register requested or to file an application
company and that Court upheld the refusal. The proposing a general meeting and take action with the Court in order to determine purpose of
reason given for the refusal by the Court was that to replace or remove the existing directors and the access request. It should be remembered it
Mr Barton’s purpose in that case was to contact managing agent. is the company’s legal obligation to proceed to
other leaseholders to ask them to support his the Court to determine whether access should
› Time and Caution
challenging the service charge and removing the be denied. Further, it is an offence to refuse
managing agents. It was held his request was inspection or fail to provide a copy of the register,
made to further his interest as a leaseholder and Seeking to bring about the resolution of otherwise than in accordance with an order of
not as a member of the company. In that case a change to the board composition is a the Court. In the case of an offence both the
the Court had further concluded that Mr Barton shareholder’s right. The cases also emphasises company and every officer would be liable to a
wished to obtain the information to harass the that it is difficult for a company to resist a fine, and for continued contravention, a daily
company and harm its members. Mr Barton had request to the members’ register. The Court default fine (s118 CA 2006).
failed to provide proper evidence in that case of Appeal has said that it should exercise its
(Pandongate House Management Co Ltd v discretion to grant a no-access order sparingly © Nicholas Woolf
Barton [2019]. and with circumspection. Director and Principal, Nicholas Woolf & Co
Elizabeth J. Soilleux
MA, MB, BChir, PhD, FRCPath, PGDipMedEd
CONSULTANT PATHOLOGIST
Experienced Cambridge and Oxford-trained
consultant pathologist with particular interests
in haematopathology (lymphomas, leukaemias),
cardiovascular pathology & autopsy pathology.
Expert Witness Certificate (Civil Law),
Bond Solon / Cardiff University
• Biopsy Pathology (esp Lymphoma & Leukaemia)
• Autopsy Pathology (esp Cardiovascular Pathology)
• Professional Conduct (GMC work undertaken)
Department of Pathology, Cambridge University /
Addenbrookes Hospital, Cambridge
Tel: 07798 643879 Email: lizsoilleux@gmail.com
www.expertwitnesspathologist.co.uk
spg.uk.com
Untitled-2 1 03/07/2020 14:26014
Witnessing Wills remotely
It was done in car parks, over the fence, outside change is there for two years. This is a welcome
the windows of the testator and many other relaxation, but it also comes with difficulties
ways to comply with the Wills Act 1837. There that practitioners will face and should be carried
was an increased demand during the lockdown out with caution. If in doubt the Law Society’s
for Wills to be prepared and signed. Testators practice advice team is there to assist.
were getting very nervous as they wanted their
Wills drawn up and it was difficult for those who I would suggest that practitioners do read the
could not get out of their homes. practice note put out by the Law Society. Please
log on to My Law Society or sign up so that you
The Witnessing of Wills during The government has now allowed the witnessing can access the practice notes. The Law Society
COVID-19 became very difficult of Wills to be done remotely. This will be by a new is regularly providing guidance and practitioners
legislation in September and Wills witnessed in are advised to keep themselves updated
with practitioners using all
such a way will be legal and backdated to 31st regularly on this.
methods to keep the demand of January 2020. You will still require two witnesses C
social distancing and seeing that to prevent fraud and undue influence. This M
the testator was signing the Will comes with caution and the Law Society has put Sushila Abraham
Y
in their presence. out guidance to minimise fraud and abuse. This Solicitor
CM
MY
CY
Biographies
CMY
K
Jennifer is a Events specialist with over 17 launched Get Dotted Events - which works with
years’ experience delivering events for brands strategic partners to produce immersive pop-up
like Marriott, Samsung, Microsoft, Radisson, experiences. Delivering events can be stressful,
Co-op, Muller and National Trust to name complicated and above all time consuming,
a few. After a varied and successful career, Jennifer aims to take away those pain point,
Jennifer set her sights on a new challenge and she has the ability to focus on the individual
set up her own business in 2019. Dotted lines experience, co-ordinating all the parties
Events offers three primary services: Event involved, whilst crunching big numbers to bring
management, Operations consultancy, and new it all together.
Jennifer Houlihan, Dotted Lines Events
Anika is a qualified legal secretary with a range of services to help business owners
over twenty years’ experience in business and networks become more productive. She
administration, working for numerous large UK achieves this by freeing up more time for leaders
companies, including the legal sector. Anika’s to focus on their companies dreams and goals.
passion for independence and variety drove her Originally from Denmark, Anika loves nothing
to establish her own business in 2016 so that more than giving people the most precious gift
she could support multiple companies to help of all, time.
grow their businesses. Anika is the founder and
owner of AH Business Solutions, which offers
Anika Holm, AH Business Solutions
spg.uk.com spg.uk.com016
Council Member‘s Report
A REPORT FROM LAW SOCIETY COUNCIL MEMBER LUBNA SHUJA
The last few months, during which we have had to adapt to different
ways of working during the Covid-19 pandemic, have been incredibly
challenging and difficult for many members of our profession. I am
pleased to be able to report that, although the Law Society moved
entirely to remote working, as did most organisations, it was still
business as usual with a plethora of support provided to members to
help them through these unchartered times.
The Law Society Council met remotely on 3 June Between 10 March 2020 and 20 May 2020, the that you can download to print), information on
2020 and again on 15 July 2020. The Law Society Law Society Covid-19 pages received 151,000 PII renewals and other Covid-19 related material.
Board and the various Law Society Committees unique page views which was testament to the There is also guidance on managing cashflow,
have also continued to meet remotely so work value members had found in the information reducing costs and/or supplementing income.
has continued apace despite the lockdown. provided. On 24 March 2020 alone there were The focus of guidance for members now is the
The Law Society AGM has been deferred to 40,000 unique page views of the website. Return, Restart and Recovery Campaign.
15 October 2020 when it is hoped (perhaps
optimistically) that Council members may be able It was agreed that a 75% discount would be The New Law Society
to meet in person again. I set out below details offered over a period to firms who were renewing
of the main issues discussed at the Council their accreditations in the Criminal Legal
Website and My Law Society
meetings and the key decisions made. You will Accreditation Scheme, CQS and Lexcel if they The new Law Society website was launched on 2
be able to find a copy of the CEO’s reports, had a Legal Aid Crime Contract. This applied July 2020 and is now live. There is a significantly
which contain more detailed information, on our to more than 1,000 firms and many have taken improved search function, redesigned content
website at www.spg.uk.com. advantage giving them some relief during a time and new navigation based on member feedback.
of financial hardship. You will need to register on My Law Society
Covid-19 Response to be able to access the full range of services
The Law Society responded quickly to the The Law Society also worked hard to scrutinise and benefits available to you as a member. The
concerns, queries and uncertainties expressed the impact of emergency legislation and registration process is simple and I would urge
by members about the actual and potential monitored the impact of social distancing on you all to sign up as soon as possible so that you
impact on their practices, clients, work, livelihood the administration of and access to justice. can access and receive regular information on
and wellbeing by providing them with guidance Changes were made to the Coronavirus Act in areas that are of interest to you.
and support all of which is available on the Law the areas of criminal justice, domestic abuse,
Society website. This covers information ranging immigration and the definition of “key workers” The website continues to be developed and
from a Business Continuity Toolkit, physical as a result of interventions made by the Society. further improvements will be made over the
safety when attending courts/police stations/ Loans were also made available to firms who had coming months. This will include the launch
prisons, meeting regulatory requirements, not initially qualified for them, and self employed of “Law Society Learning”, the new Learning
dealing with guidance for practice areas such members could be furloughed and/or be eligible Management System which will host new bite-
as conveyancing/Wills which were impacted for other benefits. sized e-learning modules as well as full digital
in relation to electronic signatures and virtual courses which will allow members to develop
execution of documents, through to a LawTech, I would urge you all to look at the Law Society their own learning.
Cybersecurity and fraud prevention hub. The website which has a great deal of information
Law Society engaged closely and often with the that you will find useful. There is a Practical There has already been a significant increase
government and other stakeholders, including Framework on Return to the Office, a Safe Return in demand for online events and it is likely more
the SRA and the Bar Council, which resulted in to the Office Toolkit for Firms (which contains a webinars will be provided in the future in addition
significant wins for the profession. risk assessment template and Covid-19 posters to some face to face events. The lack of a
spg.uk.comYou can also read
