MAGAZ NE NE - PLUS, ALEX'S ZIP WIRE CHALLENGE AND MUCH MORE - ISSUE 20 SUMMER/AUTUMN 2020 - LEICESTERSHIRE LAW SOCIETY
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issue 20 • Summer/Autumn 2020 Follow us on Twitter @LeicsLawSociety
magaz ne
Leicestershire Law Society
Patrons & Business Partners
the
Triumphs of
Leicester edition
Plus, Alex’s Zip Wire Challenge
And Much More...
PAGE 7
CONTENTS
03
CONTENTS
summer/Autumn 2020
CONTENTS
4 Editor’s Intro 18 Council Member’s Report
6 President’s Report 19 Hardening Professional Indemnity Insurance market
7 Alex’s Wish Zipwire Challenge 22 Video Witnessing Of Wills
8 Fischer Future Heat 25 Creating A Standout Homepage
8 Nuffield Health 27 Restart Your Business With Business Gateway
10 Triumphs of Leicester 28 No Fault Divorce To Be Enshrined In Law
13 Book Reviews 30 Conveyancing Technology After Lockdown
14 Covid-19’s Impact On Academic Experience 32 Evolution Of Professional Indemnity Insurance
14 Reflections From A Covid-19 Law School 34 Taking Software Integration From Zero To Hero
16 Membership Pages Leicestershire Law Society, 3-5 Welford Road Leicester LE2 7AD
magazine contact
Published by: Advertising Published: Summer/Autumn 2020 Legal Notice
EAST PARK COMMUNICATIONS Ltd. Simon Castell © East Park Communications Ltd.
Maritime House, Accounts
Balls Road, Managing Editor Tony Kay None of the editorial or photographs may be
Birkenhead, Daniel O’Keefe reproduced without prior written permission
Wirral CH43 5RE dokeeffe@moosaduke.com from the publishers. East Park Communications
Ltd would like to point out that all editorial
Tel: 0151 651 2776 Design comment and articles are the responsibility of
simon@eastparkcommunications.co.uk David Coffey the originators and may or may not reflect the
www.eastparkcommunications.co.uk East Park Studio opinions of East Park Communications Ltd.
Correct at time of going to press.
www.leicestershirelawsociety.org.uk
www.leicestershirelawsociety.org.uk
EDITORIAL
04
Editor’s Intro It has been an extraordinary 6 months for of what a fabulous city Leicester is and why there are so many
everyone and I have been very impressed reasons to be proud to live and work here.
with the resilience and the adaptability of the Putting this edition of the magazine together has been a challenge,
Leicester legal community. Sadly we have not but I have to thank all the contributors for your time and effort, when
has the Annual LLS Awards Ceremony yet, your working and/or home life has been turned upside down.
due to the impact of Covid-19. I look forward As always, I am keen to hear from our readership with articles
to showcasing the premier event in our year in they want to write, ideas for future features and any suggestions
a future edition. However, we have had some fantastic events in for making the magazine even better. I look forward to hearing
2020, as you will see in this edition. from you.
A phenomenal amount of money was raised by the brave souls
who embarked on the Zip Wire Challenge for Alex’s Wish (the Daniel O’Keeffe,
President’s nominated charity). In addition, we have some great Editor
photos of The Triumphs of Leicester event. It is a timely reminder dokeeffe@moosaduke.com
MEET THE LLS MANAGER
Our Manager Lucy Miller is an indispensible photos, online editions of the magazine, ticket releases and
member of the LLS team. news updates.
Any membership requests can be sent to Lucy and then
Lucy is responsible for the day to day running the LLS as our circulated to the main committee for approval. Lucy is the lead
sole employee. contact for the LLS patrons and event sponsors.
As the presidential term only runs for 12 months, the LLS Lucy is the co-ordinator for Committee and Executive Board
manager’s role is integral is ensuring the continuity of the meetings, creating the agendas and writing up minutes from
society from one year to the next. each meeting to be circulated.
Working with the President and Events sub board, Lucy co- Lucy is always keen to hear any suggestions for the website,
ordinates and promotes all LLS events and works with the social media platforms, or event/training ideas.
Education & Training sub board to arrange our training courses.
Lucy maintains the LLS website and social media content, For all LLS queries, please contact Lucy on office@
keeping everything as up to date as possible, including event leicestershirelawsociety.org.uk
www.leicestershirelawsociety.org.uk
EDITORIAL CHARITY
06 07
night celebrating extraordinary people who have enormous thanks to my Main Committee members challenge of those times, and of course, our desire
President’s
come out of Leicester, which was shown on the and my fellow Executive Committee members to do our very best for the members of LLS. Lucy
night to general acclaim and has been released for their support and continuing commitment will be sorely missed but I am sure you will all be
by the LLS and the University of Leicester on their to the Society. Most of all, I wish to thank Lucy delighted to welcome Kauser Patel back as the
Report
social media channels. Miller, the LLS Manager for her conscientiousness LLS Manager who you will recall left following the
As you may well be aware, my Presidential seat and excellence in discharging her duties. Sadly, birth of her second baby. Therefore, I am assured
should have ended in May 2020 but I was asked Lucy will be moving on shortly to pastures new. in my mind that Lucy and I will be leaving the LLS
to stay on as President until the end of September I know that all who read this report will want to in very good hands with Kauser and of course the
Dear Members, 2020 to see LLS through the worst of the pass on their best wishes to Lucy who has been new President who will be taking over from 30
Since the last edition of the Leicestershire Law pandemic. I was happy to do so on the basis that outstanding. It would be fair to say that Lucy and September 2020!
Society magazine, the legal world as we know it there could not be a worse time for a new President I have enjoyed working together immensely, no
has become unrecognisable. Little could I have to take up the reins. This will therefore be my final doubt bonded by the mutual stress of running the Glynis Wright
imagined that by the time I was writing my next President’s Report and I wish to conclude with my events that we have, as well as the excitement and President of the Leicestershire Law Society
President’s Report for the magazine, we would be
LEICESTERSHIRE LAW SOCIETY
facing a world-wide pandemic, and a justice system
under such acute strain that it is unlikely to recover
CAMPAIGNERS RAISES £10,000
for years to come, unless record levels of funding
are made available from the government. Since the
FOR CHARITY ALEX’S WISH BY HURTLING
East Midlands has not even had the benefit of a
Nightingale Court being funded to ease some of the
DOWN A ZIPWIRE AT SPEEDS OF 98 MPH
backlog in the region, the recovery here is likely to
take even longer.
Law firms were forced to close their doors and
Twenty-eight of Leicestershire Law Society’s President is absolutely thrilled to announce that the is a death sentence for those children. Many are
set up remote working in no more than a week.
members and supporters joined the President, Glynis group has raised over £10,000 for Alex’s Wish. The wheelchair bound by the time they are 10. Most will
Although we as law firms will have had disaster
planning in place for contemplated emergencies Wright, to take part in the fastest zip wire in the day was made even more special by having Alex not survive beyond their mid-twenties. However, a
like cyber-attacks or flooding, none of us could world, on Saturday 22nd February. After weeks of himself and his mum and founder of the charity cure is so close and therefore the President is proud
have been ready for what hit us with the pandemic, fundraising for the President’s chosen charity, Alex’s Emma Hallam, take part in the Zip Wire too. that the Leicestershire Law Society has played such
or could have conceived of the possibility of Glynis Wright withSir John Bernard Goldring Wish, the group travelled to North Wales to hurtle The Charity’s prime objective is to fund research a large part in funding the search for the cure that will
surviving intact after not one, but two, lockdown down a mountainside from 222 metres at speeds into a cure for Duchenne Muscular Dystrophy that ensure the current generation of children diagnosed
the Triumphs of Leicester prior to the lockdown, as along with the fabulous “Likuid Blu” who will take
situations. It is a credit to the Leicestershire legal of 98 mph and facing cross winds of 44 mph. The affects around 1 in 3,500 boys and some girls. It with this terrifying disease will be the first survivors!
the events brought in a considerable profit for the us all onto the dancefloor after the awards are given
community that we have been so resilient and
Leicestershire Law Society which has transpired to out. I am also thrilled that BBC Radio Presenter Jo
have continued to provide high quality services to
be a blessing indeed given what has now occurred, Hayward will still be our glamorous compere for the
our clients throughout this awful time. At my last
and the fact that the LLS are unable to generate an evening as planned. I have comforted myself that
Main Committee meeting, we had the Deputy Vice
income during this period. I promised faithfully at the event, although postponed, will be twice the
President of the national Law Society Stephanie
the start of the Presidency that I would be a careful celebration because of what we will all have been
Boyce give an address at which she spoke of
steward for the LLS and would look to shore up our through. I certainly hope that will transpire to be the
how impressed she was with the Leicester and
financial stability. I have done so, which means that case.
Leicestershire legal communities who were dealing
the LLS has a healthy bank balance and are still in a Since my last report, and prior to the pandemic, I
so effectively with the second lockdown.
strong position financially notwithstanding the effect held two events which will stay with me as the most
The Leicestershire Law Society have been
of the pandemic. It is a strategy that now seems wonderful memories. The first was the Presidential
focussing on providing as much training and
rather prescient given what was to come – otherwise ZipWire Challenge where I was joined by lawyers
support as we can during this period. We have
we may not have had a Law society at all. and local businesspeople to undertake the fastest
offered training to our members aimed at helping
As you will all know, the “Classical Extravaganza” zipwire in Europe. It was truly a thrilling and breath-
them deal with the impact of the pandemic such
Annual Dinner and Legal Award night that Lucy taking experience as we achieved speeds of nearly
as an overview of the different financial schemes
and I had worked so hard to organise was a virtual 100 mph as we hurtled down the zipwire. The best
and grants available, marketing strategies for law
sell out with just under 400 tickets being sold. part of the event was the generosity shown by
firms post-Covid by our Patrons D G Legal and by
That was pulled with great sadness a week before those who pledged to support us as we took up the
Rachel Tombs, compliance education particularly
it was due to take place on the 20 March 2020. It challenge. We raised over £10,000 for the Alex’s
with reference to Covid-related health and safety,
was of course absolutely the right thing to do. The Wish Charity which is phenomenal. For those of you
SQM remote audits, and other general courses such
event was rebooked for the end of September in the who may be interested in more adrenaline activities,
as Modern Slavery by Olwen Davies and Court of
expectation that the country would by then have I am undertaking a loop de loop in 2021 in a small
Appeal work, and Behavioural Biases by one of our
risen out of the pandemic and that mass gatherings bi-plane in 2021 and am looking for others to join
Patrons Finance Lab. Charnwood Accountants who
would be possible, but sadly that has not transpired me for more fundraising! Do contact me if you are
are also our Patrons offered courses on succession
to be the case. The Legal Awards have therefore interested!
planning and SRA Accounts Rules. We have run
been moved to May 2021 where the “Classical I was immensely proud that the “Triumphs of
courses in Conveyancing with Ian Quayle and the
Extravaganza” will still take place, but where I will be Leicester” gala dinner was also a sell-out. I had
national Law Society conducted a consultation
delighted to share the event with the President that conceived of the theme for this dinner before I
with some of our members on what the national
will be taking up the seat following the AGM on the became President and it will remain very close to
Law Society are doing to support law firms during
30 September 2020. The candidates shortlisted in my heart. It was an opportunity to truly celebrate
this time and what is available from them by way of
2020 will remain in place for the 2021 event, and a Leicester and Leicestershire. We heard from some
resources. All in all, we have doubled the training on
new competition will be run in 2022. I am so pleased of the most significant individuals who have hailed
offer to our members the majority of which has been
that our entertainment in the form of the scintillating from Leicester including (for Law) Sir John Goldring,
completely free.
electric string quartet “The Sirens” and acclaimed and again, you can read more about this event later
I count myself as very fortunate that I was able
mezzo-soprano Rozanna Madylas and baritone in the magazine. I was delighted to work with the
to run all of my planned events up to and including
Lancelot Nomura will still be performing on the night University of Leicester in producing a film for the
www.leicestershirelawsociety.org.uk www.leicestershirelawsociety.org.uk
sponsors
08
Fischer Future The company that manufactures and
installs electric heating solutions to homes
In 2016, the couple launched their own
domestic energy supply company. Outfox
Heat becomes throughout the UK was founded by Keith
and Maria Bastian and has enjoyed
the Market now supplies 100,000 UK
homes with gas and 100% renewable UK
patron of
remarkable growth in a little under 10-years. wind electricity and has helped thousands
Maria Bastian said “We’re thrilled to of customers make significant
become a patron of the Leicestershire Law savings on their energy costs.
LLLS Society and we hope to provide our support
for many years to come”.
Keith Bastian is unashamedly vocal
about the need for change when it comes to
The Bastian’s launched their heating energy and heating - He said; “It is vital that
business from their home in 2011. Three we move towards cleaner and sustainable
years later, they decided to buy Fischer - heating solutions and stop burning fossil
the German heating manufacturer. Success fuels. The road to net-zero carbon has begun
has followed and Fischer Future Heat has and we all need to play our part”.
now installed in excess of 250,000 smart Despite their success, Keith and Maria
electric heaters in homes throughout the UK are determined to achieve further growth for
and employs over 350 staff. their businesses and have plans to expand
The company continues to grow and and invest in their Leicestershire companies.
invest in renewable heating technologies.
Maria and Keith Bastian meeting From electric boilers, solar panels and
the Duchess of Cornwall battery energy storage to innovative water You can find out more
heating and air-source heat pumps. about Fischer Future Heat
Fischer Future Heat, the Frog Island-based
Fischer offers customers a wide range of via their website - www.
electric heating specialists has committed its
products that are all designed for increased fischerfutureheat.com
support to the Leicestershire Law Society by
energy efficiency whilst reducing carbon and Outfox the Market at
announcing its patronage.
emissions. www.outfoxthemarket.co.uk
How to protect your employees’
mental health while remote working
https://www.nhs.uk/conditions/coronavirus- team, with agreements on set, clear times
covid-19/ employees will be contactable and ways they
can contact their line manager, so they don’t
Get Personal feel isolated
• Many employees are going to experience • Set hours should be reviewed regularly in
symptoms of distress and anxiety over this time of uncertainty and shared calendars
the news of the pandemic. In addition to can help employees feel more structured and
this, home working can negatively impact know when to ‘clock off’
resilience, the process of negotiating, • Remember, your employees are probably
managing and adapting to significant sources worried about a whole host of other issues
of stress or trauma relating to coronavirus, so taking any worry
As the UK continues in lockdown amid the • It’s important to provide employees with or fear out of remote working will make their
COVID-19 pandemic, employees are facing the coping mechanisms and to create a range of lives considerably easier.
reality of working from home for weeks on end. personalised interventions to meet the needs
For some employers who are new to operating of your remote workforce and effectively Communicate Carefully
this way of working, we are sharing some of the reduce stress and burnout. https://www. • Communication needs to be tailored to
findings from our latest whitepaper. nuffieldhealth.com/corporate-wellbeing/path the correct demographic too. More senior
According to our whitepaper, mental health • Staff who express signs of distress should workers may need fewer management
issues could develop more frequently amongst be guided towards further emotional support. catchups, with perhaps weekly phone calls
remote workers, as they may find themselves It may be that anxiety around coronavirus being enough
separated from communication channels and is a noticeable sign of pre-existing or wider • Younger employees, with less experience,
support mechanisms. emotional struggles may need more regular communication to
Nuffield Health’s research also shows • In these cases, highlight existing workplace feel supported
spending more than 2.5 days a week working offerings like employee assistance • Build out your engagement strategy by
away from the office is associated with programmes (EAPs) which offer direct, assessing how different demographics
deterioration in co-worker relationships and job confidential contact with counsellors and want to be communicated with. The most
satisfaction. mental health experts obvious answer for many modern employees
However, there are plenty of things • Consider inviting an expert to give a virtual is mobile. People are on their phones most
employers can do to support their staff’s company talk on general coping mechanisms of the time, so getting company updates on
wellbeing and ensure business productivity for anxiety. This may help those who are their devices ensures they’re receiving your
while remote working. worried about speaking to managers or communication on the right platform
employers about their fears. • However, you’ll need multiple ‘touchpoints’
Tackle Coronavirus Head-On when sharing company news and updates
Make sure, company health protocols are Set Boundaries and for older remote workers, this might
clear and accessible while incidents like the • When it comes to remote working, it can be include more traditional communication like
current coronavirus epidemic continues. This easier for employees to work longer hours formal, company emails.
means keeping staff informed on the steps and take less breaks to get more work done
you’re taking as a company and what to do if • To prevent this, make sure you keep work To find out more about our emotional wellbeing
they’re feeling unwell. communication within employees’ official services, visit https://www.nuffieldhealth.com/
Share the latest updates and health hours and encourage them to work within emotional-wellbeing
guidelines on the virus to keep employees in the this timeframe too or call our customer support team on 0300 13 11
loop, however, be careful about how often you’re • Trust between the manager and the 416 to arrange a virtual appointment.
sharing information. Key daily updates are fine, employee is vital for remote working to
but employees shouldn’t be overwhelmed with succeed for both sides. There must be regular Nuffield Health Leicester Hospital, Scraptoft
distressing news updates, multiple times a day. communication with the manager and wider Lane, Leicester, LE5 1HY
www.leicestershirelawsociety.org.uk
www.leicestershirelawsociety.org.uk
Triumphs
sponsors
EVENTS sponsors
010 011
of Leicester
This one off gala dinner on 28th February
celebrated the wonders that Leiceswter has offered to the world.
We championed extraordinary people who have originated from Leicester This glamorous and prestigious evening had 7 inspirational
(whether by work or career choice) whose contribution has impacted speakers, plus a short film produced by the University of Leicester
nationally and/or internationally! featuring Leicester-born stars.
The Keynote Speakers
LEICESTERSHIRE LAW SOCIETY Mike Kapur OBE Lord Lieutenant of Leicester SCIENCE
“TRIUMPHS OF LEICESTER” The evening will commence with a key note speech Dr Turi King –is best known for her work in
GALA DINNER CELEBRATES THE
from our Lord Lieutenant of Leicester talking about “cracking one of the biggest forensic DNA cases in
why “The Triumphs of Leicester” and its theme of history” during the exhumation and reburial of Richard
EXTRAORDINARY PEOPLE OF LEICESTER
celebrating extraordinary people from Leicester is so III of England. Turi talks to us about Leicester’s place
important. in history when Sir Alec Jeffreys discovered the DNA
code which changed the world overnight, and how
SPORT she now applies the science of genetic profiling in local and international
Jonathan Agnew MBE DL – was educated at historic archaeology projects.
Uppingham School and had a successful career as
On the 28 February, the President of the The fantastic line-up of speakers included Leicester who collaborated with President, Glynis a fast bowler for Leicestershire from 1979 to 1990, MEDIA
Leicestershire Law Society welcomed over 150 the Lord Lieutenant of Leicestershire, Sir John Wright, to make a film about other outstanding returning briefly in 1992.While still a player, Jonathan Dr Vijay Sharma – Vijay has been a resident of
guests to the “Triumphs of Leicester” gala dinner Goldring (for Law), Jonathan Agnew (for Sport), Dr individuals from Leicester which was aired for began a career in cricket journalism and commentary Leicester since 1976. She is well known for her work
held at The City Rooms. The President had Turi King (for Science), Professor Emma Bunce the first time on the night itself. This high-profile and has become become a leading voice of cricket on pioneering Asian programming on BBC Leicester, a
announced at the start of her term as President (for Space), Dr Emma Parker (for Arts) and Dr event was a fantastic success with many guests radio, as the BBC Radio cricket correspondent and as a commentator on move that was unprecedented for its time and changed
that she wanted to hold an event to celebrate Vijay Sharma and Kamlesh Purohit (for Media). saying they were astonished by the contribution Test Match Specials. “Aggers” will be talking about his career in cricket the world of media. She went on to become Head of the
the truly extraordinary people that have come The evening also featured the University of that Leicester has made and how proud it made and will be highlighting other exceptional sporting heroes and heroines multi award-winning first ever National Asian Network.
out of Leicester as a celebration of Leicester’s Leicester String Quartet who played from the them feel to be residents of this City. The event who hailed from Leicester.
excellence on an international scale across the original balcony of the historic ballroom at the was sponsored by Paradigm Wills and Legal Kamlesh Purohit – was raised in Leicester from a
sectors of law, space, science, the media, the arts City Room. Services, the University of Leicester, Lawson- ARTS young age and is the Deputy Managing Editor of BBC
and industry. The event was supported by the University of West Solicitors and The Beautiful Pubs Collective. Dr Emma Parker – is a leading Radio Leicester, UK’s first BBC local radio station. His
expert and writer on the works career in broadcasting covers the BBC News, Asian
of the internationally acclaimed Network, BBC Sport and Test Match Special, Five Live,
playwright Joe Orton (immediate and Radio 4. Kamlesh has also been a TV Presenter
left). She also regularly lectures on BBC East Midlands Today.
on his work and will talk to us
about the extraordinary life and works of Joe Orton who was raised on Vijay and Kamlesh will talk about how their pioneering work in Asian
the Saffron Lane Council Estate in Leicester from the age of two and programming started here in Leicester and went on to change the
became, in his short life, one of the most famous playwrights of our time. face of broadcasting for the Asian communities both nationally and
internationally.
LAW
Sir John Bernard Goldring – born in Leicester SPACE
and educated at the Wyggeston Grammar School for Professor Emma J. Bunce - internationally
Boys, Sir John became a QC in 1987, was appointed renowned space physicist and Professor at the
to Queens Bench Division in 1997 and then became University of Leicester who is known for her ground
the Senior Presiding Judge for England and Wales breaking research into the magnetospheres of Saturn
in 2010. Sir John is renowned for his exceptional and Jupiter and her fascinating public talks on “solar
talent and unshakeable commitment to justice for all. He was appointed system” topics such as “The Mysterious Moons of
coroner into the fresh inquests into the horrific Hillsborough Disasters Jupiter” and “The Cassini Mission to Saturn.” Emma will be talking about
in 2014. Sir John is currently the President of the Cayman Islands Court Leicester’s pivotal place in space research and her current work as principal
of Appeal and will talk about his roots in Leicester and his exponential investigator on the European Space Agency BepiColombo mission to
legal career. Mercury. She is the incoming President of the Royal Astronomical Society.
www.leicestershirelawsociety.org.uk www.leicestershirelawsociety.org.uk
sponsors ARTICLES
012 013
BOOK REVIEWS
chapter is the first one which The Trial of Ronald Light –
addresses the sadly very The Green Bicycle Case
high attrition rate for lawyers ISBN 978-1- 911273-76-9
particularly but not exclusively
female. Chapter 1 entitled This short selection of materials
“Lawyers and Career Change” is available in both hardback
actually acknowledges that and e- book format and may be
Career Management those who give up legal the last word on this case. Edited
for Lawyers practice have not failed but by Sally Smith QC the items
Rachel Brushfield have instead discovered that include a full transcript of the
The Law Society 2019 legal professional training Trial at Leicester Castle over the
imbues transferable skills 3 days 9th to11th June 1920 from
and strengths that are much entry of the Judge Sir Thomas
in demand outside the law. Gardner Horridge (heralded by
Yes it may be time to consider trumpets) through the theatrical
eg moving from private performance by defence counsel
practice into in-house or the Sir Edward Marshall Hall KC
Government Legal Service to the Foreman of the Jury So after 100 years what is the
for example (although I am announcing “Not Guilty”. Editor’s final view? It is of course
not sure that the traditional Additional material includes a “The jury is still out. And probably
partnership model has gone transcript of the Inquest conducted always will be.”
completely “mouldy” as the by the Coroner Mr George E
author suggests) but there are Bouskell 3 days after the crime. Christl Hughes
other options.
Under “Useful Career
Resources” what is available
from The Law Society is recited
and AWSL gets a mention
Not another book by a Career as one of the recommended
Coach! Yes but this one is a bit organisations for networking,
different. learning from peers, mentoring
Despite the title the book etc.
is mainly aimed at solicitors Finally for the involuntary
and in my view more at women job seeker there is a
then men in that for example paragraph on the LawCare
the majority of the Role Helpline which of course
Models featured are female offers confidential advice on
and there is good and realistic everything from redundancy to
coverage of part time/flexible alcoholism. If I have a criticism
working and returning after a it is that there is no mention
maternity/caring break. That of the Solicitors’ Assistance
said the three day week is Scheme * for those affected
no longer an issue solely for by regulatory issues or SBA
women – it is increasingly The Solicitors’ Charity** for
embraced by male GP doctors (financially eligible) solicitors
for example. unable to work due to illness
Image CV preparation, or needing assistance seeking
willingness to drive forward a job.
and take risks (difficult for At just 102 pages including
all lawyers who are trained to Appendix and Index this a very
spot snags), resilience after useful, readable book and I
rejection, developing your highly recommend it.
personal brand are all covered
together with Questionnaires *https://www.thesas.org.uk/
and pages on Action Planning.
But the most interesting **https://www.sba.org.uk/
www.leicestershirelawsociety.org.uk
ARTICLES CHARITY
014 015
COVID-19: The impact on a law
student’s academic experience 2020 Voice CAncer
As well as halting economic to be very helpful for my exam preparation. students receive quality education, without Well folks it seems an eternity since the onset ‘watchword’, and that is POSITIVITY. We Leukaemia. A form of cancer that ripped his
development and restricting Personally, working under these conditions compromising their safety. of this nasty flu bug commonly referred to as must stay positive at all times, which should body apart in the matter of only a few weeks,
societal freedom, the was a significant adjustment, since I am The consequences of COVID-19 on my COVID19... and I say flu bug because the strain be easy enough for were we not POSITIVE his last message to me, only 10 days before his
unprecedented outbreak of accustomed to having routine access to future career is another area of concern; of this flu symptom-like illness has not yet people in the first place we would have death was “I’m afraid that it is very aggressive
COVID-19 has also radically campus facilities such as the library, being research by Monica Langella from LSE’s been identified. More to the point is the simple succumbed to massive surgery a long time Phil”… and indeed it was! Willie’s wife Jill has
changed the way in which able to focus on my work fully equipped and Centre for Economic Performance found fact that we do not have a ‘SPECIFIC test to ago! Always remember that should you feel quite happily taken over the mantle of Patron
Universities now deliver teaching; although undisturbed. Overall, I found it quite stressful that recession, which is likely to follow the determine whether this is actually as named ‘not right’ you can always get in touch with of this charity and we already have Charity
technology may facilitate distance learning as having to battle the emotional strain of pandemic, will have negative effects on future (COVID19) or simply another coronavirus your SLT or your ENT department at your Golf days lined up plus a Charity Snooker
a partial solution to our current circumstances, COVID-19 against undertaking assessments, earnings and employment opportunities for harbouring in our bodies! After all, it could be local hospital. Ignore all this ‘sorry but you tournament in the offing, all being set up
this does not preclude University students which I believe weakened my ability to students entering the job market. However, the any one of the other 18 CORONAVIRUSES can’t come in’ business: you need medical by those who wish to remember Mr 147/Mr
like myself experiencing challenges to our showcase my full academic potential. University of Leicester has been immensely that can live within us. assistance so go! Show the idiot on the door Maximum.
academic journey, as we adapt to a new norm Despite COVID-19 having disrupted my supportive in helping students overcome these Obviously the charity sector has been your stoma and a piece of card with “Can For me it is a death too soon for WT knew
of virtual study. traditional University experience, the current challenges, by ways of scheduling Virtual exceedingly quiet as the country has virtually YOU fix this?” written on it-they’ll soon let you plenty of celebrities who would willingly take
From the perspective of a penultimate-year crisis has paved the way for an evolution of Law Fairs and conducting Online Webinars; shut down since March, but, it has made in! We don’t refuse anyone just because of a part in Charity Events and he was a brilliant
law student, completing online examinations innovative learning methods. The University such events provide students with a platform things very easy for the government to turn us flu bug! In fact, we’ve helped many a new lary host/auctioneer but I know that Jill Saxby (Miss
that contribute to my degree was demanding of Leicester has launched a new programme to interact with potential employers, enhance into a CASHLESS society, which would be a during this enforced close-down. GB 1985) will be equally [if not better] at getting
for various reasons; the sudden University called ‘Ignite’, which entails a blended teaching our legal knowledge and prepare us for the disaster for all people: you can work out why Onto more cheerful news folks as we this charity into the limelight - where it should
closure meant that I was unable to access approach for the next academic year; most uncertain future, which is a venture I feel for yourselves! welcome the support of SGL Accountants be folks! Incidentally, would you kindly display
all resources and the inapt environment of lectures and tutorials will be delivered online, slightly anxious about, but ready to embark on Obviously, with this flu bug killing mainly of Sth Wigston, Leicester who have been our magnetic adverts on your vehicle? (We will
studying at home proved challenging in the but I will still have the opportunity to participate nonetheless. those with underlying illnesses/conditions, this watching what we do and are fully supportive happily provide them if you are agreeable).
revision period. I also missed the in-person in face-to-face classes, which reflects the is a very worrying time for all laryngectomees of us. Welcome aboard good peoples and don’t Until next time folks, stay well & stay safe!
guidance from faculty staff which I have found University’s commitment to ensure that Christie John, Student at Leicester Law School as many of us have a very limited immune worry all, there is plenty of room for any other
system to fight off these bugs etc. so it is a firms that would like to support this worthy Phil Johnson
very easy choice for us to stay at home and cause as we grow & grow.
Reflections from a
keep away from any possibly infected people Now a sadder note folks. In June this Supported by SGL Accountants,
that may be in your area. We have a great year we lost our patron, Mr Willie Thorne, to Sth Wigston, Leicester. LE18 4PA
COVID-19 Law School
Just over four months ago
I spoke at the LegalEdCon
North 2020 organised by
university life had been transformed. In a matter
of days, learning, teaching and assessment was
moved online.
in what Ulrich Beck refers to as the risk society:
we are reluctant to change because we don’t
want the blame if things turn out badly.
2020 Voice Cancer
Legal Cheek at The Lowry
Media Centre, Salford Quays
There has been much reference to
‘unprecedented or extraordinary times’. In one
COVID-19 has provided the imperative
to change. In legal education that means
...the cancer no-one talks about
20-20
(https://www.legalcheek. sense there is very little extraordinary about we have had to discover fresh new ways of
com/conference-north/ ). The main topic of current events and they are not at all without engaging with students and the early signs are
debate was the SQE. It is a topic which has precedent. Previous pandemics have seen that they work. We live in a ‘view on demand
been top of the legal education agenda since massive casualties but they have also led to social media world’ and much of our attention
the Legal Education and Training Review societal change. In April, Mark A. Cohen wrote has been focussed on adapting our working
reported in 2013 (http://letr.org.uk/the- in Forbes Magazine: methods to enable legal education to fulfil that
report/index.html ). As I waited for the return COVID-19 has cast a harsh light on the demand. Legal services and the justice system
train at Manchester Piccadilly on 30 January outdated way justice is dispensed, law is have also been transformed by COVID-19.
2020 I believed I had a fairly clear idea of the taught, and legal services are delivered. . . Things will- eventually -return to normal but
immediate future for legal education in England The Corona virus has harnessed the potential it will be a ‘new’ normal. It will be against a
Voice CAncer
and Wales. of long under-utilised tools and alternative background of suffering and loss where the
As stories about the Pandemic became more work paradigms long resisted by the legal welfare of others and the greatness of those
grave through early February the comparative establishment. https://www.forbes.com/sites/ who care for others have rightly been pushed
certainty of January started to disappear but even markcohen1/2020/04/14/covid-19-and-the- to the fore. The task for all of us, including
in early March the Law School was continuing reformation-of-legal-culture/#249e2bfb171d academics, will to be retain the good aspects of
as normal: lectures, seminars, assessments were “Outdated” is not the word I would the old normal but embrace the benefits of the www: http://www.2020voicecancer.org/
all taking place as tutors came to the end of the choose but it is perhaps true that the legal new normal. e: admin@2020voicecancer.org
syllabus and turned their minds to revision. By establishment is slow to change. That
mid March the university campus had closed and resistance to change results from us living now Tim Hillier, Associate Head at DMU Law School
Charity No: 1156733
www.leicestershirelawsociety.org.uk www.leicestershirelawsociety.org.uk
MEMBERSHIP MEMBERSHIP
016 017
TYPES OF MEMBERSHIP INDIVIDUAL MEMBERSHIP
LEICESTERSHIRE LAW SOCIETY There are various different ways of becoming a member of the LLS. Individuals can become members of the LLS. This is available for
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All members are entitled to attend our courses, social and networking all current and former legal professionals.
events and can take advantage of our membership benefits.
GROUP MEMBERSHIP
CORPORATE MEMBERSHIP This is for businesses that are not law firms but employ lawyers.
Welcome to the elected as President, she served her time in
office from May 2018 to May 2019. Bushra was
100 Years Women in Law This is for firms of solicitors. You only pay for the Partners in
the firm. Corporate membership covers all solicitors, trainees and PUBLIC BODY MEMBERSHIP
latest members the youngest President of the Society in its 158
years history and was the 8th female President.
paralegals in the firm, so it is a great way of enabling the whole firm to
make use of LLS membership.
This is for public body organisations that are not law firms but
employ lawyers.
section of the Bushra is also two-time Winner of Leicestershire
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LLS magazine. Bushra describes being delighted to be back on
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recently elected onto The National Law Society,
The Leicestershire Law Society (LLS) is a Chancery Lane Committee for Immigration
fantastic organisation, offering great value to Law and Policy. She specialises in Immigration
its members and we are very keen to make
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law and is the Head of Practice at Bushra Ali
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Leicestershire Carols for the Courts FULL LIST OF LLS MEMBERSHIP BENEFITS:
to offer.
You will find this section in every edition of Zainab Zaeem-Sattar
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COUNCIL NEWS Council News
018 019
Council Member’s
It had been intended that those practising New standard of proof at the will need to be given to interaction with other firms
Immigration Law could do so as a freelance Solicitors Disciplinary Tribunal (SDT) who may work to different standards and drivers;
REPORT
solicitor but a late intervention from the Office of To avoid confusion, the SDT also made the and who may not have professional indemnity
the Immigration Services Commissioner (OISC) change to its rules to permit cases to be decided insurance, particularly in non-contentious work.
has meant that this plan has been suspended on the civil standard ( more likely than not)
until OISC’s concerns are addressed. abolishing the need to meet the criminal standard Linda Lee
Digital Badge (beyond reasonable doubt). The current level of
It is now a requirement for all regulated successful prosecutions brought by the SRA Notes
Linda Lee has been Council Member for Leicestershire, Northamptonshire and Rutland since 2003. She is a past President of the Law Society of England firms to display the new digital badge. The SRA stands at 98%, it will be interesting to see if more 1
https://www.sra.org.uk/solicitors/standards-
and Wales and is the current Chair of the Regulatory Processes Committee and a member of the Policy and Regulatory Affairs Committee and Access to have suspended the use of tracking software cases are brought to the SDT under the new rules. regulations/code-conduct-solicitors
to allay concerns over potential data protection In conclusion, regulatory change continues
Justice Committee. She is current Chair of the Solicitors Assistance Scheme. Linda is an experienced litigation solicitor and is a Consultant at Radcliffesle- 2
https://www.sra.org.uk/solicitors/standards-
breaches. Such concerns are not in any event to be rapid and to present new challenges to
Brasseur where she specialises in solicitors’ disciplinary, compliance and regulatory work. She can be contacted by email at: lindakhlee@aol.com regulations/principles
regarded by the SRA as a defence to a failure to individual solicitors and firms alike. Plans will need 3
https://www.sra.org.uk/sra/strategy-2017-2020/
New Handbook, importance of the enforcement code, new practice models, digital badge, new standard of display the digital badge. to be put in place not only to ensure that everyone
sub-strategies/sra-enforcement-strategy
The SRA has a team dedicated to ensuring understands and is compliant with the rules, but
proof at the Solicitors Disciplinary Tribunal. that this requirement is enforced and they will that firms are ready to meet the challenge of new
4
https://www.sra.org.uk/solicitors/standards-
be spot checking firm’s websites. competitors and new working practices. Thought regulations-resources
All change! From 25 and are competent. There are also more detailed documents such as Warning Notices and other
November new Handbook requirements in relation to interaction with guidance which solicitors should have regard
Hardening Professional Indemnity
and new responsibilities courts, tribunals and inquiries and supervision to. Some of these relate to specific areas of
(and consequences) for all of work delegated to others. It also makes practice, such as holiday sickness claims, the
solicitors. explicit the responsibility of individual solicitors, conduct of litigation etc others relate to matters
Standards and
including those who are employees, in relation
to referral fees.
such as anti-money laundering and cybercrime.
The SRA have set up a web page specifically
Insurance Market (PII)
Regulations (StaR) For firms, owners and compliance officers, to assist solicitors in understanding the new The Solicitors Regulation Authority (SRA) higher rate rises for any additional cover beyond questions on applications about how firms are
In contrast to the introduction of the last perhaps the biggest change is that relating Code: Standards and Regulations resources4 Board met on 22 June 2020 and received a that required by the MTC. managing Covid-19 related risks.
Handbook in 2006, reaction by the profession to accounts rules, with more decisions being but as yet not all of the other guidance such as report on the hardening PII market.1 However, this is not a uniform position and Insurers have also reported that they are
to the introduction of a new Code, the 131-page required as to how to operate the client account. Warning Notices are linked to this page. The SRA’s research indicates that the market may depend to some degree on the perception concerned too about the financial viability of
‘Standards and Regulations’ (StaR)1 has been A whole raft of guidance to support the new It would also be prudent for all solicitors to has hardened and contracted for the following and actuarial modelling of risk, as well as firms in the current economic environment. This
relatively muted. Perhaps this is a consequence Accounts Rules has been promised but not all reflect and consider their training requirements reasons: on the quality of application submitted. This includes the ability of firms to pay their premiums,
of it being somewhat similar to the old Code, in the information has yet been published. in relation to the new Code and to document a). A changing claims profile including a rise emphasizes the need for firms to approach and also, any excess on their policies. Given that
that it is again an outcome focussed or principle The new Code for firms places greater this in their continuing competence documents. in claims and a rise in higher value claims specialist brokers and to ensure that their insurers must provide offer run-off cover even
based code, and it is reassuringly shorter than emphasis on ensuring that the firm and b). Increased claims in other areas of the application is well prepared and attuned to the when a firm does not pay the premium, this is of
the old handbook-the old Indicative Behaviours compliance officers are responsible for New Practice Models insurer’s business impacting on their capacity needs of the insurers in assessing the risk they particular concern to insurers and will undoubtedly
have been removed and the Principles2 have supervision and ensuring that employees Solicitors are now permitted from date to offer PII might pose. Advice is available in a Law Society impact on the risk profiles for certain firms.
been reduced from 7 to 10. comply with regulatory requirements and for of qualification, to work in unregulated firms c). Poor investment returns from money practice note on obtaining PII. 3 The SRA report indicates that there have
There are in fact two new Codes -one for the quality of client work produced. Although offering legal services direct to the public, received from premiums It was reported that some firms did manage been specific practical issues from Covid-19
individuals and one for firms. This is a reaction not expressly referred to, it seems likely that provided that they do not carry out any d). Some features of solicitors’ insurance to maintain cover at a similar cost in the October preventing some firms from renewing their
to an increasing understanding (supported there will be an increase in prosecutions reserved work. The firms will not be required requirements are unattractive to insurers, in and April renewal rounds, but some firms insurance in good time e.g. delay in processing
by academic research) that removal of the of compliance officers and firms where to have professional indemnity insurance and particular the requirement that insurers must struggled to find insurance at all. This may have a government loan or if a partner is ill and
pre-2006 Rulebook had led to a disconnect junior employees have committed serious their clients will not be able to make claims on cover closing firms for six years run off even included higher risk firms and firms whose unable to access the necessary information
by employed solicitors, particularly those breaches of the Code as a result of toxic work the Compensation Fund. However, individual when they do not pay the premium previous insurer has left the market. to make an application. The SRA have taken
employed in private practice, from their environments. solicitors within such firms will be bound by the Although some of the features of the It is reported that as there is now reduced steps to help in the short-term by introducing
regulatory responsibilities. Many saw their Reporting requirements no longer refer to new Code. solicitors’ PII market are unique to the legal capacity, some insurers are concentrating greater flexibility for insurers and firms to agree
responsibilities as purely to report any problems breaches as material or non-material but as Solicitors are now permitted to offer both sector, the hardening and contracting of the PII on existing clients. It can be more difficult for a temporary extension, than has traditionally
to a compliance officer. serious. There is no definition of serious but the reserved and unreserved work direct to the market is cross-sector. insurers to get complete risk information when been allowed.
The new Code rather confusingly suggests enforcement policy and other guidance give public outside of a regulated structure. Such Some insurers have pulled out of the PII the previous insurer is no longer in the market, THE SRA Board will receive a further analysis
that individual solicitors can place reliance examples of conduct that would be regarded solicitors will be known as freelancers. This market completely, including two in the last year, and this provides a further disincentive to look of the impact of Covid-19 at its next Board
on a report made to a Compliance Officer for as serious. should not be confused with locums who work leaving 180 firms looking for a new insurer. at new clients. Ultimately, only around 20 firms meeting.
Legal Practice (COLP) and for Finance and All solicitors should study the new within regulated entities but on a temporary The insurers and brokers that remain in notified the SRA that they were unable to secure
Administration (COFA) but at the same time principles and the Code but they must also basis. Freelance solicitors must be three the market have indicated that they have less insurance in the April 2020 renewal round, the Post 6 year run off
there is an individual responsibility on each look further afield to the enforcement policy3. years post qualification, if offering reserved capacity and a reduced risk appetite, as a second biggest renewal point in the year. One good piece of news was that the SRA
solicitor (including those who are in-house) The SRA state that this ‘underpins’ the ‘rules’ work or they can offer unreserved work from result, they are more cautious about who they What has yet to be assessed is the impact board announced that it would extend the use
to make reports to the Solicitors Regulation and will give guidance as to how seriously the qualification. They will not be permitted to choose to insure and on what terms. Insurers of the Covid-19 pandemic on what was already of the Solicitors Indemnity Fund (SIF) to provide
Authority (SRA) where they have ‘serious SRA will view ‘different behaviours’. Solicitors operate as freelancers from a limited company are generally demanding a higher level of due a difficult market. Insurers are expecting that post six-year run off cover for firms for another
concerns’. They should make such reports will be required to understand the enforcement as they must retain personal liability. They diligence about the risks a firm presents and they will receive increased claims across their 12 months until 30 September 2021. However,
promptly. This suggests that in circumstances strategy to enable them to make decisions as will not be permitted to hold client money, how they are managing those risks, including business resulting from Covid-19, such as for the SRA rejected the Law Society’s request
where either the Compliance Officer has to how they should act in order to be compliant although for freelancers the definition of client in relation to cyber-security, before they will business interruption. This may further reduce that post 6-year run-off cover be extended for a
refused to make a report of any ‘serious with the Code. money will not include monies paid on account consider renewing existing policies or offering capacity within the insurers’ books, including period of three years.
concern’ or the individual suspects that There are currently five guides contained for costs or disbursements. new business. for PII. The solicitors’ PII market operates on a
a report will not be made, they should be within the enforcement policy: competence Freelancers offering reserved activities will It was reported that premiums have The historical pattern is an increase claims made basis which means that former
prepared to make a direct report to the SRA and standard of service, criminal offences not be permitted to have employees, although generally increased in the October 2019 in professional liability claims after every partners of firms that have closed must have
themselves, ‘promptly’ or they may well face outside of practice, driving with excess alcohol it is not clear whether those offering unreserved and April 2020 renewal rounds. There are economic downturn. This is beginning to feed cover in place on the date the claim was made,
disciplinary action. convictions, use of social media and offensive services will be similarly constrained. They will no definitive figures available yet, but some into insurers’ risk appetite and pricing. Insurers not the date the work was carried out.
The new Code is more focussed on communications and SRA transparency Rules. be required to have adequate and appropriate insurers and brokers are reporting average are also concerned about new risks arising, for Firms can only purchase run off cover for six
the quality of the service provided, placing In addition, there are a number of other guides insurance but they will not be able to access increases of around 15 – 20% for the minimum example from increased remote working on years after the date they close, and the threat
obligations on individual solicitors to ensure the SRA have published or intend to publish Professional Indemnity Insurance on Minimum level of cover required by the SRA minimum IT security and the supervision of work. Some of the removal of post 6 year run off cover
that they provide a proper standard of service to support the new Code and there are other Terms and Conditions. terms and conditions (MTCs)2 . There are also insurers are beginning to include additional has been of increasing concern for the former
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