National Property Law Conference 2021 - Tuesday 5 - Thursday 7 October 2021 SRA Competence: A2
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National Property Law Conference 2021 Tuesday 5 - Thursday 7 October 2021 SRA Competence: A2 Sponsors
Programme Day 1 – Tuesday 5 October Key: Covers all areas of property law | Covers residential property law | Covers commercial property law 10:30 – 11:00 Networking and exhibitions 11:00 – 11:05 Welcome Speaker: Warren Gordon, Chair of the Property Section Committee and Real Estate Senior Professional Support Lawyer, CMS Cameron McKenna Nabarro Olswang LLP 11:05 – 11:15 Introduction Speaker: Lubna Shuja, Vice President of The Law Society 11:15 – 11:50 Lending in a Covid World Chair: Peter Rodd, Property Section Committee member, Law Society Council member and Consultant at Boys & Maughan Speaker: Robert Stevens, head of property risk, operations and strategy, Nationwide Outline: This session will focus on challenges facing lenders following the pandemic along with looking to the future around how data is used to improve decisioning and the customer journey. It will also focus on risks that lenders and conveyancers should focus on along with how we collectively drive improvements to standards and best practice to help facilitate more safe lending. 11:50 – 12:00 10 minute break 12:00 – 12:35 Electronic and digital signatures Chair: Clare Harman Clark, Property Section Committee member and Senior Professional Support Lawyer, Taylor Wessing Speakers: Emily d’Albuquerque, Deputy director for Land Registration Lawyers, The Land Registry Professor Sarah Green, Commissioner for Commercial and Common Law, Law Commission Outline: This session will discuss the use and validity of electronic signatures, with a specific focus on transactions involving the transfer of interests in land. It will highlight some of the logistical and practical problems in relation to the use of such signatures and evaluate their overall contribution to land registry processes. 12:35 – 12:45 10 minute break and transfer time 12:45 – 13:25 Concurrent workshops Choose from one of the following two workshops below: A1. The future of digital conveyancing for residential Chair: Andrew Moroney, Commercial Proposition Manager Speakers: Emma Cooke, Policy & Information Manager, National Trading Standards Estate & Letting Agency Team Jane Pritchard, Chief Product Innovation Officer, InfoTrack
Outline: This session will practically demonstrate the synergy between policy, practice and technology. We’ll hear how material information will positively change the way we all work, how the TA6 is changing to ensure solicitors benefit from early data, and how technological systems work to translate services into systems that empower you to excel. A2: Using technology and disruption to grow commercial property practices Chair: Clare Harman Clark, Property Section Committee member and Senior Professional Support Lawyer, Taylor Wessing Speakers: Nick Kirby, Head of Prop Tech, Mishcon Kerstin Morgan, Head of Practice Transformation, Mishcon Outline: Nick and Kerstin will be sharing how Mishcon de Reya use Legal Tech to streamline the delivery of legal processes and enhance the client experience. In this session, they will demo how technology is applied in the context of Due Diligence, share examples of tech-enabled client collaboration and talk about how the firm is set up to change the way lawyers operate. 13:25 – 13:35 Closing remarks Speaker: Ben Tarrant, vice-chair, Property Section Committee and Partner, Ashfords 13:35 – 14:00 Networking and exhibitions Day 2 – Wednesday 6 October Key: Covers all areas of property law | Covers residential property law | Covers commercial property law 10:30 – 11:00 Networking and exhibitions 11:00 – 11:10 Welcome Speaker: Warren Gordon, Chair of the Property Section Committee and Real Estate Senior Professional Support Lawyer, CMS Cameron McKenna Nabarro Olswang LLP 11:10 – 11:45 Keynote Address: Residential leasehold reforms Speaker: Melanie Leech CBE, Chief Executive, British Property Federation Outline: This keynote will cover the key elements of the Government’s legislative and policy programme bearing on the residential rental sector including the growth of the build-to-rent sector, building safety, leasehold and tenure reform and planning reform. 11:45 – 11:55 10 minute break and transfer time
11:55 – 12:40 Concurrent workshops Choose from one of the following two workshops below: B1: Residential property update Chair: Roger Buston, Property Section Committee member and Consultant Solicitor, Birkett Long LLP Speaker: Russell Hewitson, Associate Professor of Law, Northumbria Law School and Chair, Law Society’s Conveyancing and Land Law Committee Outline: This session will review some of the current case law issues impacting on residential property transactions and will examine the implications of these for residential conveyancing solicitors. B2: Commercial property update Chair: Nina Wilson, Property Section Committee member and Partner, Wilson Browne Solicitors Speaker: Alan Riley, Property Law Consultant, Property PSL Limited Outline: This session will cover recent and possible future developments in commercial property law and practice; including: What direction the Government is taking on MEES for commercial property; what direction the Government is taking on dealing with COVID arrears; what commercial leasing trends have emerged over the last 18 months, and a small number of reported cases showing the complexity of property work and how it is difficult to standardise drafting. 12:40 – 12:50 10 minute break and transfer time 12:50 – 13:20 SDLT Issues and Common Reliefs Chair: Sarah Cookson, Property Section Committee member and Director & Solicitor, Head of Conveyancing Department, Switalskis Solicitors Speaker: Siddharth Agarwal, Tax Director, dns accountants Outline: Stamp Duty Land Tax (SDLT) is a complex area and contains several traps and reliefs that can significantly impact the overall SDLT payable. This session will focus on contemporary issues and reliefs applicable to Stamp Duty Land Tax (SDLT). It will cover the following topics: - 2% surcharge for non-resident purchasers - What are linked transactions - 3% surcharge for purchase of additional dwellings - First time buyer’s relief - Overview of Multiple Dwellings Relief (MDR) 13:20 – 13:30 Closing remarks Speaker: Ben Tarrant, vice-chair, Property Section Committee and Partner, Ashfords 13:30 – 14:00 Networking and exhibitions
Day 3 – Thursday 7 October Key: Covers all areas of property law | Covers residential property law | Covers commercial property law 10:30 – 11:00 Networking and exhibitions 11:00 – 11:35 AML - Source of Funds and Source of Wealth Chair: Peter Rodd, Property Section Committee member, Law Society Council member and Consultant at Boys & Maughan Speaker: Alison Matthews, Director of Quality and Risk, Shoosmiths Outline: This session will focus on why you should assess source of funds/wealth, what you should do to evidence source of funds/wealth, and the regulators’ expectation. This will include a summary of the key points from the Legal Sector Affinity Group guidance. 11:35 – 11:45 10 minute break and transfer time 11:45 – 12:20 Concurrent workshops Choose from one of the following two workshops below: C1: CQS update Speakers: Peter Rodd, Property Section Committee member, Law Society Council member and Consultant at Boys & Maughan Eleanor O’Reilly-Joe, head of accreditations, The Law Society Kate Bould, Managing Director, Index West Midlands Outline: This session will focus on the CQS Audit. You will also gain insight into how Index can assist residential practice. C2: Planning and environment law for property lawyers Chair: Rita Bange, Property Section Committee member and Principal Property & Regeneration Solicitor, London Borough of Tower Hamlets Speaker: Claire Petricca-Riding, Partner and National Head of Planning and Environmental Law, Irwin Mitchell LLP Outline: We’ll be discussing how the planning regime has evolved over the last 18 months; the main planning and environmental issues for Property Lawyers right now; and, looking forward to the future changes to planning and environmental law and their likely impact on the sector. 12:20 – 12:30 10 minute break 12:30 – 13:05 Concurrent workshops Choose from one of the following two workshops below: D1: Residential property review Chair: Nick Dell, Property Section Committee member and Group Property Counsel, McCarthy Stone Speaker: Lucian Cook, Head of residential research, Savills
Outline: The session will look at what has happened to the housing market since the relaxation of social distancing measures and the tapered withdrawal of the stamp duty holiday. It will also consider whether the frenzy of activity and price growth can be sustained and, with COP26 approaching, how much more important the energy efficiency of our homes will be in the future. D2: Commercial property review Chair: Ben Tarrant, vice-chair, Property Section Committee and Partner, Ashfords Speaker: Mat Oakley, Head European Commercial research, Savills Outline: In this session we will examine how the commercial property markets are emerging from the crisis. What is happening to investment and leasing volumes and what are investors saying is hot or not? Will the rise of agile working dramatically hit the office market, and was the rise in online shopping in lockdown the last nail in retail property’s coffin? 13:05 – 13:15 10 minute break and transfer time 13:15 – 13:35 What’s on the horizon Chair: Rita Bange, Property Section Committee member and Principal Property & Regeneration Solicitor, London Borough of Tower Hamlets Speaker: Heather Crichton, General Manager - Industry Readiness, PEXA Outline: Born out of a 2008 Council of Australian Governments’ initiative to transition property lodgement and settlement away from an outdated paper-based process to a more efficient digital settlement process, PEXA operates Australia’s leading online property settlements platform – providing an efficient, reliable and secure settlement experience for home buyers and sellers. PEXA is now seeking to replicate its success outside of Australia, beginning with the UK. This session will provide an overview of PEXA’s plans for England and Wales, beginning with a remortgage product in 2022, and provide tips on how practitioners can make the most of this transformation. 13:35 – 13:45 Closing remarks Speaker: Rita Bange, Property Section Committee member and Principal Property & Regeneration Solicitor, London Borough of Tower Hamlets 13:45 – 14:15 Networking and exhibitions
Speaker Biographies In alphabetical order Alan Riley, Property Law Consultant, Property PSL Limited Alan Riley is a solicitor qualified in England & Wales and a property law consultant who provides training, support, information and consultancy services on property law matters to various law firms and in-house lawyers. Formerly, Alan was a commercial property solicitor in private practice in Manchester, a senior lecturer at the College (now University) of Law in Chester, and a property law consultant with large commercial property firms in the North West of England. For over twenty-five years, he has presented seminars and lectures at property law conferences and provided in-house legal training to law firms. He contributes to legal journals, provides professional support and consultancy services to law firms and in-house lawyers, produces his own series of property law webinars, and supplies updating property law information to lawyers in the form of a subscription newsletter. He is the Stamp Duty Land Tax and Land Transaction Tax contributor to the Law Society’s Conveyancing Handbook. He has also co- written books on "Leasehold Liability - A Guide to the 1995 Act" (Jordans) and "Commercial Property and Business Leases" (Jordans). In his spare time, he is training to become a professional duathlon, but time and ability is against him. Alison Matthews, Director of Quality & Risk, Shoosmiths LLP Alison Matthews is the Director of Quality & Risk at Shoosmiths LLP and one of the UK’s leading experts on money laundering and professional conduct. Alison has won many awards as the UK’s AML adviser of the year 2014, 2015, 2016, 2017, 2018 and 2019. Alison chaired the Law Society of England and Wales’ Money Laundering Taskforce and was a member of the Government’s Money Laundering Advisory Committee Toolkit and SOCA (now NCA)‘s SARs regime Committee. Alison wrote the Anti Money Laundering Toolkit (1st and 2nd Editions) and Data Protection Toolkit (1st and 2nd Editions) (published by LSEW). She works with all the UK Law Societies and the Law Society of Jersey. She is a member of the Editorial Board of the Legal Compliance Bulletin (LSEW). Claire Petricca-Riding, National Head of Planning & Environmental law, Irwin Mitchell Claire advises on all aspects of planning and environmental law. Working with a wide range of clients from across the real estate, manufacturing, energy, maritime and waste management sectors, Claire’s practical approach and guidance enables them to successfully navigate their individual planning and environmental challenges and ambitions within the evolving regulatory framework. "Claire is enormously dedicated to her work and her clients. She is well respected, very straight-talking, easy to get on with and forward-thinking in her approach." Chambers & Partners, 2021
Eleanor O’Reilly-Joe, Head of Accreditations, the Law Society Eleanor is the Law Society’s Head of Accreditations and manages a portfolio of 17 accreditations and services, including the Conveyancing Quality Scheme (CQS). Previously, Eleanor managed Lexcel England & Wales and continues to provide ongoing training to Lexcel assessors and consultants. Eleanor is a foreign qualified lawyer and has over 10 years’ experience in the legal sector. Emma Cooke, Policy & Information Manager, National Trading Standards Estate & Letting Agency Team Emma is the Policy & Information Manager with The National Trading Standards Estate & Letting Agency Team. She is a Chartered trading standards practitioner and is Chair of the Chartered Trading Standards Institute (CTSI) Welsh Branch. Emma is a national Lead Officer for CTSI for property and regularly speaks at industry events and stakeholder forums, including The Home Buying and Selling Group, The Lettings Industry Council and The Property Ombudsman Consumer and Industry Forums. Emma has also delivered training for Propertymark members. Emma is also an Associate member of the Institute of Leadership & Management. Emily d’Albuquerque, Deputy Director for Central Legal Services, HM Land Registry Emily d’Albuquerque joined HM Land Registry in 2015, having started her career in the private sector as a solicitor specialising in agricultural law. Emily has worked as a Land Registrar, making the final legal decisions on the most complex and contentious applications HM Land Registry deals with. Earlier this year, she moved into her current role and now leads a team providing legal advice supporting HM Land Registry’s development of a digital registration process. Heather Crichton, General Manager, PEXA After practising law and holding multiple positions within Australia’s legal sector, Heather joined PEXA in 2015. Having built an extensive portfolio of experience, she now serves as General Manager, Industry Readiness – UK. Heather brings great expertise to the UK – in her previous role as General Manager – Member Support Services, she was instrumental in the Australian property industry’s transition to digital settlements, overseeing PEXA’s member operations, training, and member experience teams which assisted 9,000+ legal and conveyancing firms nationwide.
Jane Pritchard, Chief Product Innovation Officer, InfoTrack Jane has spent her entire career immersed in the digital delivery of legal services. Practising as a lawyer for 20 years, Jane ran her own firm, managed others and set up a consultancy business dedicated to improving efficiencies in law firms through automation of case and practice management. As Chief Product Innovation Officer at InfoTrack, Jane has designed and delivered ground breaking software solutions to empower conveyancers to excel. Kate Bould, Managing Director of Index West Midlands, Index Property Information Kate Bould is Managing Director of Index West Midlands, the regional operation of the national group Index Property Information, which is the fastest growing conveyancing search provider in the country. Index West Midlands (IWM) provides a bespoke conveyancing search service to solicitors, conveyancers and estate agents. With over 20 years’ experience in the property and search industry (for agricultural, commercial and residential properties), including as CEO of a privately-owned Real Estate company in California. Kate is known for her in- depth understanding of what today’s conveyancing professional requires, and her genuine passion for the property sector and the professions and individuals operating throughout it. Kerstin Morgan, Head of Practice Transformation, Mishcon Kerstin Morgan is Head of Practice Transformation in Mishcon de Reya's Strategy team. She has over ten years of experience in process improvement, change management, legal tech deployment and legal project management across the legal and financial services sector. Kerstin and her team work closely with fee earners across the firm as well as legal and business operations teams to identify opportunities to improve the firm's legal processes and innovate service delivery. Working closely with MDR LAB and Data Science teams, Kerstin's team strive to maximise opportunities to automate relevant tasks and processes and drive the use of legal tech across Mishcon de Reya.
Lubna Shuja, Vice President, the Law Society Lubna Shuja is the vice president of the Law Society of England and Wales. She will become the first Asian president in October 2022. She has been a Law Society Council member since 2013 and is the chair of the Law Society’s Membership and Communications Committee as well as a member of the Law Society Board. Lubna is a solicitor with her own practice, Legal Swan Solicitors, in Birmingham. She specialises in professional discipline and regulation. She is also a mediator. She works with a number of different professional regulators as chair of their Disciplinary/Fitness to Practise/Investigations/Conduct and Competence Committees. Lubna was also a deputy clerk at the Solicitors Disciplinary Tribunal for over 13 years. Lucian Cook, Head of UK Residential Research, Savills Lucian Cook is one of the country’s most authoritative housing market commentators, having been a director in Savills much-respected research team since 2007. As an industry figurehead he regularly presents on the UK housing markets and frequently appears on radio and television. Lucian joined Savills in 1993 after completing a degree in Land Economy at the University of Cambridge. He qualified as a Chartered Surveyor in 1995. As a practising surveyor he specialised in the provision of valuation advice for taxation, loan security and dispute resolution purposes and strategic management advice for a range of private and institutional clients. Lucian Cook is now one of the UK’s leading and most quoted commentators on the UK housing market. At Savills he leads a team of 36 highly respected researchers. Collectively they cover everything from social housing to the prime markets of central London and development land to residential investment. He edits The Residential Property Focus and has written extensively on the prime housing markets, proposals for the reform of the taxation of high value property, the demand for private rented housing and opportunities for institutional investment in the residential sector. Mat Oakley, Head European Commercial research, Savills Mat Oakley is head of UK & European commercial property research at Savills. His primary areas of expertise relate to office, retail and leisure real estate, and he regularly advises investors and developers on opportunities and risks across these and other markets. Mat has been researching, analysing and occasionally correctly forecasting the commercial property market since the late 1980’s.
Melanie Leech CBE, Chief Executive, British Property Federation Melanie joined the British Property Federation as Chief Executive in January 2015, following nine years as Director General of the Food and Drink Federation. Melanie began her working life as a Police Constable in the Metropolitan Police Service. She joined the civil service (HM Customs) in 1988 and subsequently held senior roles in the Department for Culture, Media and Sport, the Office of the Rail Regulator and the Cabinet Office. Her role is to champion UK real estate and to promote a long-term, sustainable partnership between governments and the sector to deliver a high quality built environment, and to create wealth. Melanie is a Fellow of the RSA and a Trustee of LandAid, the property industry charity. In 2015, she was awarded a CBE for services to the food and drink industry. Nicholas Kirby, Head of Prop Tech, Mishcon Nick is a Partner in Mishcon de Reya's Real Estate department. He specialises in commercial real estate work, dealing with investment acquisitions and sales for institutional and private clients, development work, management work and acting for both landlords and tenants. Nick also has experience acting on real estate focused corporate acquisitions. Nick is a mentor for the start-ups taking part in MDR LAB, Mishcon's incubator programme for tech startups in the legal space, and is one of Mishcon de Reya's Tech Champions. As part of this role, he has built technology products which help the Real Estate department automate various tasks. Nick is also working with a number of clients to facilitate the automatic exchange of property data. Nick is responsible for researching new technologies, including software which utilises machine learning and natural language processing ("AI") to extract data from documents. In 2019, Nick was named as one of the top 10 most innovative lawyers in Europe by the Financial Times, and was commended by the FT for his role in the digital transfer of residential property with the Land Registry. Peter Rodd, consultant, Boys and Maughan Solicitors, Law Society Council member and member, Property Section Committee Peter Rodd is a Consultant at a 17 partner award winning high street practice based in East Kent. He is a past Chair of the Law Society Property Section, the Law Society Council member for the Residential Property, a member of the Conveyancing and Land Law Committee and the Chief Assessor for CQS. Peter is a past member of the Society’s Money Laundering Task Force and Home Information Pack and e-Conveyancing Task Forces. Peter has written numerous articles for various legal publications relating to property matters, mortgage fraud, money laundering and regulation and is a regular lecturer on these subjects.
Robert Stevens, head of property risk, operations and strategy, Nationwide Robert has a 16 year career spanning financial services at Portman and Nationwide Building Society. Rob’s focus is to challenge the status quo to improve the customer journey and drive business success through proactive risk management and innovation. His key area of interest has always been the mortgage and property market. Robert has specialised in mortgage policy, regulation, underwriting, conveyancing and valuations. In 2013 he founded the Property Risk department at Nationwide, aiming to provide a sustainable valuation solution for the future. This work has included the introduction of PRIM, the insourcing of panel management for Nationwide and TMW. Russell Hewitson, Associate Professor of Law, Northumbria Law School and Chair, Law Society’s Conveyancing and Land Law Committee Russell has over 30 years’ experience of conveyancing and property law. He is chair of the Law Society’s Conveyancing and Land Law Committee. He writes and lectures extensively on conveyancing and property law related matters. He is author of Conveyancing Searches and Enquiries (Jordans), Residential Conveyancing Practice (The Law Society) and the Licensing Law Handbook (The Law Society). He is a co-author of Conveyancing Checklists (The Law Society). He is General Editor of Precedents for the Conveyancer, Practical Conveyancing Precedents and Practical Lease Precedents (Sweet & Maxwell) and Consultant Editor of the Conveyancing Handbook (The Law Society). Professor Sarah Green, Law Commissioner for Commercial and Common Law, Law Commission of England and Wales Professor Green was appointed as Law Commissioner for Commercial and Common law on 01 January 2020. She was previously Professor of Private Law at the University of Bristol. Prior to that, she was Professor of the Law of Obligations at the University of Oxford, having been a lecturer at the University of Birmingham from 2001 – 2010. Before embarking on her academic career, she was a software consultant at Accenture. Professor Green has written books and articles on a variety of issues including virtual currencies, blockchain issues surrounding intermediated securities, smart contracts, sale of goods law as applicable to digitised assets, negligence and wage theft.
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