Miller hires After The Event insurance specialist as part of continued growth in the Professional Risks space

Miller is pleased to announce the hiring of James Gowen-Smith as its new Head of After The Event insurance. James’ hiring forms part of Miller’s Professional Risks team’s wider strategy to grow the range of expertise and products it can offer to clients. James will report into Joint Head of International Professional and Financial Risks, Ed Pickard.

Miller hires After The Event insurance specialist
James Gowen-Smith

Ed Pickard commented: “We’re excited to have James joining us at Miller. He brings with him an in-depth understanding of After The Event insurance, and how it can empower claimants during litigation proceedings. I’m confident the clients of the solicitors and litigation lawyers Miller works with will greatly benefit from the peace of mind this product offers.

Read moreMiller hires After The Event insurance specialist as part of continued growth in the Professional Risks space

Closure of the Solicitors Indemnity Fund Extended to 30 September 2022

Following the announcement that the Solicitors Regulation Authority (SRA) will be extending the Solicitors Indemnity Fund (SIF) by a further year to 30 September 2022, Miller examines the age-old issue of how firms look to protect themselves when the safety net of SIF is eventually gone. 

Click the logo read Millers solicitor focused insight.

Closure of the Solicitors Indemnity Fund
Closure of the Solicitors Indemnity Fund Extended to 30 September 2022

Solicitors’ PII proposal form submission – Miller’s top tips

Insurers use your proposal form submission to determine if your law firm is a good risk. In the current hard market where capacity is reduced, it’s more important than ever to present your firm in the best possible light.

Click the logo read Millers top tips.

Solicitors’ PII proposal form submission
Solicitors’ PII proposal form submission – Miller’s top tips

President’s AGM Speech

When I received a job offer in 1985 to work in the Lord Chancellors department and I admitted to never having heard of it, I genuinely never expected at any time in my career to be asked to be President of Derby and District Law Society.  I am extremely proud to have been even considered for the role and am somewhat anxious to ensure that I do justice to the position.

President's AGM Speech
President’s AGM Speech : Julie Skill

I was fascinated to read the long list of previous Presidents, both of Chesterfield and Derby Law Society and latterly Derby and District Law Society which were set out in last month’s bulletin and to have my name added to that list of such esteemed predecessors is an absolute privilege and honour.

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Outgoing President’s AGM Speech

Outgoing President’s AGM Speech – 5th May 2021

The world seems a very different place from when I became President of the Derby & District Law Society on 1st May 2019. I was looking forward to a busy and successful year and could not imagine the hardships that we all would struggle with over the coming years. COVID-19 has certainly changed the world, not just the legal industry, forever.

President’s AGM Speech

Prior to the COVID-19 Pandemic I was working towards organising events for the January 2020 to April 2020 period which would have included social gatherings, a bowling evening and a visit to St George’s Park, the FA’s National Training Centre for football and the England team. These ideas were designed to be something outside the norm for our previously hosted events. Additionally, some of them were to be in conjunction with the Derby Society of Chartered Accountants providing a greater scope for networking.

Read moreOutgoing President’s AGM Speech

Council Member’s Report

A recent memorandum about the impending closure of the Solicitors’s Indemnity Fund (SIF) was circulated and I hope was widely read.  SIF is controlled by the SRA because indemnity insurance is regarded as a regulatory matter and the Law Society is prohibited from handling regulatory matters.

Council Member's Report
Michael Williams : Council Member’s Report

At present SIF covers claims against closed firms which are made after the 6 year run-off period and the effect of its closure will mean that anyone whose firm has closed will be uninsured against claims made after 6 years.  Bearing in mind that Covid has accelerated the closure of a number of firms this is potentially a very serious matter.  Th Law Society is working hard to try and find a solution but has not yet succeeded.  If anyone has any concerns about their position please email SIF@lawsociety.org.uk.

Read moreCouncil Member’s Report

Series of free webinars

We are delighted to announce a series of free webinars with Charnwood Accountants and Business Advisors LLP.

Solicitors Accounts Rules – November 2019 Changes & What Your Accountant Is Expecting

Thursday 24 June 2021 at 1pm

Since the new accounts rules came into effect on 25th November 2019, solicitor practices have been querying the practicalities of how to apply them in day to day practice. Additionally, many firms haven’t embraced the new rules as they came in shortly before Covid-19 hit.

In this free 50 minute webinar, Paula Wheatley, an Associate Partner of Charnwood Accountants and Business Advisors LLP, will explain the rules, including what assumptions and firm wide policies should be in place to ensure the correct application of the rules and what their audit approach is. She will then conduct a Q&A session for attendees to ask any questions that they may have.

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His Honour Brian Appleby QC

1968 was an extraordinary year. Martin Luther King was assassinated, students rioted all over the world (especially in Paris), the Prague Spring, Robert Kennedy was assassinated, Nixon won the White House, North Korea seized the USS Pueblo and her crew, the Tet offensive in the Vietnam war, black fist salutes at the Olympics and so much more.

His Honour Brian Appleby QC
His Honour Judge Brian Appleby QC

What I remember far more vividly is that I started pupillage at 24 The Ropewalk in Nottingham and met some extraordinary people. Brian Appleby was one of them. He, as only Brian would or could, had two pupils who started on the same day. They were the two Dicks – Maxwell and Benson – who became the firmest of friends and Brian’ greatest fans. They were both immensely successful in their own careers and both would readily acknowledge the debt they owed to Brian as their pupil master.

Read moreHis Honour Brian Appleby QC

Annual Legal Skills Triathlon 2021

Every year Derby Law School works in partnership with Derby and District Law Society to host the Annual Legal Skills Triathlon. After a break last year the event returned on the 14th April 2021 on MS Teams.

The Triathlon sees trainee/newly qualified solicitors from local firms partnered up with  LL.B students of Derby Law School.

Read moreAnnual Legal Skills Triathlon 2021

Some tales of rural practice

“A country solicitor needs to be proficient in many skills.” So said William Heelis to Beatrix Potter when they met ahead of a property auction in the Lake District: or at least he did on the film set of Miss Potter…..

Rural practitioners at the turn of the 20th century would indeed have been multi-skilled, as the population they served would have been very sparse. Firms did not have the large city based departmental practices they do today with a branch office in the small country town – if they’ve not shut it.

Some tales of rural practice
Some tales of rural practice : Chris Green

When I began my Articles in 1985, as training contracts were called back then, I was given a tiny office next to that of the firm’s Consultant who had been admitted to the Roll in 1933; he well remembered the days of going to the Magistrates’ Court in the morning to defend a petty criminal and apply for a pub licence extension whilst his secretary looked after a property completion. His afternoon appointments may have included clients signing wills and someone seeking a divorce. A true general practitioner, and a wonderful mentor too.

Read moreSome tales of rural practice

Lessons From Lockdown

The pandemic has forced most businesses, including law firms, to re-structure their working practices – balancing lockdown restrictions as well as staff and client safety with continuing to provide a seamless service to clients.

With face-to-face contact severely curtailed – especially in periods of lockdown – more emphasis has been placed on telephone communications and particularly overcoming the challenges of connecting callers to individual employees when they are working remotely.

Two Derby law firms are amongst those who have opted to outsource their call handling function to ensure continuity of service.

Lessons From Lockdown
Fiona Moffat – Timms Family Law

Long-established Timms Solicitors who have offices in Derby, Burton, Ashby and Swadlincote, and Attenborough Law, specialist Employment Law Solicitors, based on the outskirts of the city, had already engaged Oberoi Business Hub, based in Pride Park, to support their call handling function.

Read moreLessons From Lockdown

Landmark Academy

Landmark Academy: Helping you reach your Learning & Development goals

An important aspect for any legal professional is maintaining their professional development and learning requirements.  For property lawyers, conveyancers, legal executives and trainees in property, an online hub is available that provides free access to a wealth of resources.

The Landmark Academy was launched in 2020 to provide access to free training and development videos, webinars and articles, to meet professional development targets, set out by the Solicitors Regulation Authority’s (SRA).

Landmark Academy
Allie Parsons

Allie Parsons, Customer Success Consultant for Landmark Information’s Legal team explains how legal professionals can benefit: “Having spent many years visiting law firms to train teams on environmental issues, it became clear that it wasn’t always convenient for those requested to attend – busy days meant they either disrupted their schedule or missed out on updating their knowledge. Add to that the restrictions posed by the pandemic, the Landmark Academy offers a learning solution that suits the way we work today.

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An expert’s Top 5 Tips for Counsel dealing with DNA evidence?

Recent updates to the Criminal Procedure Rules and Practice Directions encourage the court to be astute in identifying potential flaws in expert opinion (CrimPD 19A.6). This seems a reasonable suggestion, but may be rather more difficult to implement. What do Counsel need to know in order to determine the admissibility of DNA findings? CrimPD 19A.5 suggests considering a variety of factors in determining the reliability of expert opinion.

dealing with DNA evidence
Dealing with DNA evidence

These are complex issues relating to matters including validity of methods, reliance on inference, degree of accuracy and precision involved in formulating opinions, and indeed, the degree of uncertainty. Counsel are likely to require expert assistance with such considerations. Consultant forensic scientist and chartered forensic practitioner, Sue Carney, provides here, her Top 5 tips to assist Counsel in understanding and challenging DNA expert reports.        

Read moreAn expert’s Top 5 Tips for Counsel dealing with DNA evidence?

Can you challenge an expert determination?

Can you challenge an expert determination?

About a year ago, I wrote an article (“Is an Expert Determination always the final answer?” – see https://chrismakin.co.uk/is-an-expert-determination-always-the-final-answer/ ) in which I explain how difficult it is for a party to a dispute settled by ED to challenge the expert’s decision.  Here is an update.

I am keen that ED is used for many kinds of dispute, not just those arising under rent or company sale/purchase agreements.  Most of mine, of course, are of the latter type, though I have recently determined disputes over the rent payable to a farmer for wind turbines on his land, or the amount payable in royalties on music downloads.  But for the present I will stay with company sale/purchase disputes; as a chartered accountant this is my home territory.

Challenge an expert determination?

ED has a number of advantage: speed, confidentiality, you can chose an expert with the appropriate qualifications, and so on.  But the main advantage is finality; the parties need to know where they stand, and they don’t want to be kept waiting months for a court date, and then a series of appeals if one party or the other doesn’t like the result.

Read moreCan you challenge an expert determination?

One in five people writing wills now include a charity

The global pandemic is changing the way people approach end-of-life planning and inspiring more people to write charitable gifts into their Will than ever before, but myths around how it works can impede that growth, according to the charity consortium, Remember A Charity.

One in five people writing wills now include a charity
One in five people writing wills now include a charity

Growth of gifts in wills

In 2020, many legal firms recorded an uplift in wills, with the Law Society reporting a ‘striking shift’ – that 7% of UK adults had written a will during the first lockdown. But the crisis prompted another notable shift; heightened awareness of the critical role of charities in our communities, inspiring the public to use their will to give back.

Read moreOne in five people writing wills now include a charity

Derby school hosts co-curricular extravaganza

Having just celebrated its 25-year anniversary, Derby Grammar School is using their Open Day to celebrate with ‘A Co-curricular Extravaganza’. This comes after a year of changes in 2021, including appointing a new Head to join the School in September.

Derby school hosts co-curricular extravaganza
Derby school hosts co-curricular extravaganza

Mr Paul Logan, joins the School with an impressive history of roles at both Uppingham School and Wisbech Grammar. Mr Logan explains, “I feel privileged to be taking on this role at Derby Grammar School. I am committed to building on the great developments led by Dr Norris, and the strong academic achievement the School stands for.

“The challenge of piloting the School through the changing times ahead is exciting, and I cannot wait to become part of this unique community. I feel the School is in a very strong position, with a talented and committed staff and Governing Board who will build on the already excellent education and pastoral care offered.”

Read moreDerby school hosts co-curricular extravaganza

Anti-money laundering back in the spotlight for conveyancers

Recent AML audits by the SRA have once again highlighted the challenges of AML compliance for the conveyancing industry.  As we know, conveyancing is one of the highest risk areas for AML so, if your practice hasn’t yet been audited by the SRA, the chances are that it will happen at some point in the future. With that in mind, we’ve put together a quick update for conveyancers with some practical tips to help with AML compliance.

Anti-money laundering back in the spotlight
Kay Toon : Anti-money laundering back in the spotlight for conveyancers

 What have the SRA audits identified?

Although emphasising that most law firms take AML very seriously, as a result of the audits, the SRA has identified that there can often be a difference between a firm’s AML policies and procedures and what actually happens in practice.  Nearly two thirds of firms reviewed needed some form of engagement with the SRA and a further nine were referred to the SRA’s AML investigation team.

Read moreAnti-money laundering back in the spotlight for conveyancers

Quill makes document management easier

Quill makes document management easier and better with release of DocsHub

  • All-new documents hub delivers a unique integration pack between Quill and Microsoft Outlook, Excel, Word and Windows desktop.
  • Accessible using any device anywhere, promoting secure file management, efficient time-recording and team collaboration.
  • Quill is the only legal practice management software provider that also offers outsourced legal services including legal cashiering, typing, payroll and bookkeeping.

Leading legal software provider Quill is setting out to make legal professionals’ document management more streamlined and efficient than ever before through the launch of its improved DocsHub service.

Read moreQuill makes document management easier

Tallents Solicitors Mansfield and Newark

Children Law position

Tallents Solicitors are looking to expand their successful Children’s department at their Mansfield and Newark offices and requires an experienced (3 to10 years PQE) solicitor. The role will be largely public law matters, though it is hoped you will have experience of handling a mixed caseload.  You will be have Law society Children Law accreditation

Tallents Solicitors Mansfield and Newark
Tallents Solicitors Mansfield and Newark

The Mansfield and Newark offices offer pleasant and friendly working environment in the heart of the town centres.

If you would like to discuss the position informally prior to an application contact Mark Hawkins on 01623 666700, or by email to mark.hawkins@tallents.co.uk

Please apply providing your CV to the Practice Manager 3 Middlegate, Newark, Notts NG24 1AQ or by email to helen.hopkins@tallents.co.uk.  

Editorial Bulletin March 2021

I choose to be optimistic. The nights are getting lighter and the clocks are going forward, I have had my first jab, the vaccine roll out is going at an amazing pace and I am hoping that my now 19 year old can actually stop working nights in a warehouse and do some volunteering – the “real” reason for his year out! So, with that optimism in mind DDLS has been re-arranging. The Derby City Schools Debate Competition still involves 11 teams and will take place in the Summer term. Sadly, still mostly on line but fingers crossed the Final will be LIVE ( we will have forgotten what face to face means) after the lockdown restrictions are lifted towards the end of June.

Editorial Bulletin March 2021
Editorial Bulletin March 2021 : Julia Saunders

Read moreEditorial Bulletin March 2021