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THE WRIT THE EZINE OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 237 Summer 2021 THIS ISSUE New ways of working Sightlink New Law Society A View from the Perspectives from Practice and Meeting Space UK Law Societies’ the Bench Now available to Members Joint Brussels Office
4
2 Ezine of the LSNI Society Ezine of the LSNI 3
Autumn
Summer20202021 Business Summer
Spring 2021
As we enjoy the relative respite of the Long Vacation, it provides us with an
opportunity to reflect on how the Solicitor profession has emerged from the
disruption caused by the Covid-19 Pandemic. The Society surveyed member
firms on two occasions last year – in May and again in November. The results
told us that solicitor firms have recovered well from the disruption experienced
PUBLISHERS at the start of the pandemic and have demonstrated remarkable resilience in
The Law Society of Northern Ireland doing so. Where necessary, firms have adjusted their cost base and are now
Law Society House leaner and fitter as a result. It is to be hoped that this situation can be sustained
96 Victoria Street
into the second half of the year notwithstanding the ending of the Stamp Duty
BELFAST BT1 3GN
holiday and the tapering off of the Furlough Scheme.
Tel:
Fax:
028 9023 1614
028 9023 2606
E-mail: writ@lawsoc-ni.org
Although business activity in most legal sectors has recovered well, court-based work has taken longer to PRESIDENT’S
recover. The Crown Court in particular seems to be suffering from its own version of ‘long covid’ and is likely
Website: www.lawsoc-ni.org to take several years to return to pre-pandemic levels. The response of the authorities to this challenge
appears to be to increase capacity i.e. more prosecutors, more courtrooms etc. In many ways this would
MESSAGE
EDITORIAL TEAM be a missed opportunity as the performance of the Crown Court prior to the pandemic was unacceptably
Rowan White, President slow. Better to take the opportunity we now have to try to modernise the system and adopt new ways of
David A Lavery CB, Chief Executive working. The recommendations of the Leveson Report on modernising criminal justice (‘Review of Efficiency The theme of this edition of The Writ is “New Ways profession which is not usually slow to voice its opinions, and which may
Heather Semple in Criminal Proceedings’) and the Gillen Review (‘Report into the Law and Procedures in Serious Sexual still harbour one or two members who hanker after the analogue age,
of Working.” I hope that in it you will find much that must be viewed as quite an achievement.
Paul O’Connor Offences’) would be a good place to start.
Peter O’Brien that is both interesting and useful as we all get
As many of you will know by now, the Society has introduced new ways
used to new or different ways of doing things. Let of working into its regulatory responsibilities, including a new inspection
DESIGN me briefly mention some of the highlights: model involving desk-based accounts reviews. This reflects the Society’s
SHO Communications Consultants increased emphasis on a risk-based approach to regulation.
David A Lavery CB • Brian Carson explains the practicalities – and limitations – of the
Chief Executive new online Probate Portal. These advances on the technology front would probably all have
DISCLAIMER happened in the not too distant future anyway but they do show just
The Law Society of Northern Ireland and
its agents accept no responsibility for Contents • Elizabeth Dowling unravels the mysteries of the KnowAll Legal
Portal - a new source of legal information for the Northern Ireland
how much can be accomplished in a short period when the requisite
the accuracy of contributed articles or degree of focus and energy is applied. Necessity can indeed be the
practitioner
statements appearing in this magazine mother of invention and digital delivery channels are already an essential
03 President’s message
and any view or opinions expressed part of the “new normal” for us all.
04 Introducing Alison Grundle •
Sightlink has become such an indispensable tool for everyone
are not necessarily those of the Law
Society’s Council, save where otherwise 05 Society meeting with Justice Minister involved in court business of any kind that we have no less than
New faces
indicated. No responsibility for loss or three articles, including a judicial perspective from Judge Patrick
distress occasioned to any person acting
05 AML / CTF Firms’ Annual Return 2020-21 Two recent additions to the Senior Management Team will each play key
Kinney.
or refraining from acting as a result of 06 Experiences of E-Learning within the Society roles in shaping new ways of working within the Society, and I welcome
the material in this publication can be 08 New online probate portal pilot launched Going digital them on behalf of the profession. Alison Grundle is the new Head of
accepted by the authors, contributors, It is worth pausing briefly to reflect on some of the other changes which Member Services, bringing a wealth of business transformation and
editor or publisher. The editor reserves the
09 Know it All with KnowAll
the Society has introduced over the course of the pandemic. Most commercial experience to the post. This issue carries a piece from Alison
right to make publishing decisions on any 10 Call for Masters
involve the use of technology. “The Writ“ itself is a good example as it outlining her vision.
advertisement or editorial article submitted 12 The Meeting Space at Law Society House
to this magazine and to refuse publication now appears only in digital format, as does the Society’s Annual Report.
14 Mediation in business and property disputes Jamie Warnock has also been appointed as Head of Policy and
or to edit any advertisement or editorial
material as seems appropriate to the 15 Sightlink - a Judicial perspective Video conferencing was introduced early in the pandemic for all of the Engagement and his recent experience in senior roles with the Northern
editor. The Law Society of Northern Ireland Society’s Council and Committee meetings. Although it has worked Ireland Civil Service will be invaluable. We shall be carrying a piece from
17 Sightlink - a practical guide for Solicitors and clients
and its agents do not endorse any goods remarkably well, Members do miss the opportunity to see each other Jamie in the next edition of the Writ.
or services advertised, nor any claims or 18 Sightlink - a practitioner’s perspective
in person, so a mixture of personal and remote attendance is likely to
representations made in any advertisement 19 Are you attending a remote Court hearing and not sure what it will involve? The Meeting Space at Law Society House
in this magazine. No part of this publication become the norm as soon as circumstances permit.
21 Back to life: returning to normality after lockdown Let me close by reminding you that, in addition to new ways of working,
may be reproduced without the written
22 The work of the Solicitors’ Benevolent Fund Within just a few short weeks from the start of the pandemic, the we also have a new place in which to work, namely the suite of meeting
permission of the copyholder and publisher,
Society pivoted, with remarkable agility, from delivering its CPD rooms on the second floor of Law Society House. These excellent
application for which should be made to the 24 New Wellbeing Toolkit
publisher. programme in person to an entirely digital offering. The online delivery facilities are now fully functional and available to Members free of charge
25 Supporting employees post lockdown
of CPD will undoubtedly be a permanent feature - but not to the entire during the “soft launch” period over the summer months, with a very
© Law Society of Northern Ireland 2021 26 A View from the UK Law Societies’ Joint Brussels Office reasonable charging structure in place from September. Everyone who
exclusion of in-person events. David Lavery and I have had a series of
28 The investment dilemma of trying to do the right thing recent meetings with local association representatives and one theme has already used, or indeed seen, these new facilities has been hugely
www.lawsoc-ni.org 30 The Right to Life: Death Penalty and Malawi that has emerged is the desire for a judicious mix of online and in- impressed and I urge you to make full use of them.
31 President’s remarks on the retirement of the Lord Chief Justice Sir Declan Morgan person CPD.
And finally….
32 Judicial Appointments
The annual task of applying for a Practising Certificate has also gone
Writ readers can access back issues 32 Commonwealth Games Federation launches new Ethics Commission Our thanks are due, as ever, to Heather Semple and her editorial team
online, as has the recording of CPD compliance. These sound like simple
of the magazine as far back as 33 Law Centre NI for producing another excellent edition of The Writ. I hope you enjoy
October / December 2000 at and obvious steps but, as is ever the case, the devil was in the detail
34 Brown Mosten International Client Consultation Competition reading it - perhaps while enjoying a well-earned vacation/staycation.
www.lawsoc-ni.org - follow and both exercises required a lot of painstaking work from the Society’s
Publications link 35 New online CPD Record 2021 staff. The success of these changes can be gauged by the fact that Rowan White
36 From the Courts - abstracts of some recent case law there have been virtually no complaints about the new systems. In a President
4 Ezine of the LSNI Society Society Ezine of the LSNI 5
Autumn
Summer20202021 Business Business Summer 2021
Introducing Alison Grundle joins the Law Society this
month as Head of Member Services. This is
as providing regular communication and
information on various business support
SOCIETY MEETING WITH JUSTICE MINISTER
Alison Grundle one of a number of new senior roles that initiatives the Government introduced. A
reflect our commitment as a members’ genuine sense of all being ‘in it together’
organisation to focus on delivering the best actively working for the good of each other
services to our membership. Together these developed during this time and is an ethos The Presidential Team, (i) Court Business Recovery – increased for many years.In response
the Minister undertook to consider the
roles combine to offer a new approach to
how we will serve our members going
the Society is keen to maintain and build
upon.
supported by the Chief T he Society impressed upon the Minister qualifying requirements for same.
that the recovery of court business
forward. We aim to build a symbiotic Executive and Deputy Chief remains patchy following the disruption (iii) Mediation –
relationship, with the Society taking a more Our collective experiences throughout the
active role in understanding and anticipating pandemic have provided unique learning Executive, met the Justice caused by the Covid-19 pandemic. We
suggested that new and more innovative The Society welcomed the Minister’s
members’ needs then building the services
to deliver these. There will be much more
opportunities and deep insights. One early
and encouraging lesson that we have
Minister, Naomi Long MLA ways of progressing court cases should be recent Statement to the Northern
adopted in order to tackle the delays that Ireland Assembly on modernising Civil
on this new strategy in future issues of The learned about ourselves and our profession on Thursday 27 May to characterise the Justice System in Northern and Family Justice and the emphasis
Writ. is that we are resilient, capable and
highly adaptable in the face of extreme discuss matters impacting Ireland. placed on the benefits of mediation.
The Minister complimented the Society’s
Alison comes from a corporate background
specialising in strategy and business
challenge: a fact that has been recognised
by Government and Judiciary alike. This
the Justice sector. (ii) Legal Aid – work in this area and said that she is
looking forward to officially opening The
transformation for large multi-national positions us well to also take advantage
The clear impression was that the Minister’s Society welcomed the additional
The Meeting Space at Law Society House
corporations. She has worked in both of the inevitable opportunities that will
immediate priority will be the delivery of her £7.8m the Minister had secured to bring later in 2021.
Northern Ireland and London across a present themselves in the future.
Department’s legislative programme ahead the legal aid budget up to £82m, and
number of sectors, but primarily in finance stressed the importance of not allowing At the conclusion of the meeting, the
of the Assembly election scheduled for May
and telecommunications. Her career focus We are now focused on incorporating what
2022. the budget to fall below this level in future Minister praised the solicitors’ profession for
“I am delighted to join has been on developing new business and we have learned during the pandemic to
years. We asked the Minister to initiate a the important part it played in maintaining
services and adapting organisations to meet accelerate our strategy towards delivering
The Society’s key messages at this meeting review of the financial eligibility limits for services throughout the Covid-19 pandemic.
the Law Society as it the challenges of delivering in new ways. these new added value services. This will
covered the following issues – legal aid, some of which have not been Describing the profession as “key workers”,
Whilst new to the legal sector she gained be the focus of Alison’s work going forward.
approaches its centenary valuable insight when working as Special A key characteristic of the new approach
the Minister acknowledged the way in which
solicitors supported access to justice.
year. This has been a time Advisor to the former Justice Minister, Claire is collaboration. We will work more closely
Sugden MLA. with our members to understand how we
Our next engagement with the Minister will
of great upheaval and can better meet your needs.
be when she visits Law Society House in
Alison joins us at time when both the
uncertainty for everyone profession and in turn the Society are This will commence with a new
September 2021.
and I want to members undergoing significant change. We are engagement programme starting in
slowly beginning to emerge from what has September. Alison will be meeting with
to feel that the Society been for many, the most testing period of members across the sector to understand
our professional lives. Covid-19 remains first-hand the issues and challenges
not only understands the a continuing threat to our health and you face but also to take your ideas and DAVID A LAVERY CB
challenges but is working livelihoods that has had significant impact suggestions of where the Society can serve Chief Executive
on legal practices, as evidenced by the 2 you better.
tirelessly on your behalf.” surveys conducted by the Society in May
and November 2020. The new Meeting Space at Law Society
House is already proving popular with AML / CTF Firms’ Annual Return 2020-21 The AML/CTF Annual Return must be
As the pandemic struck, the Law Society members needing a place to hold meetings, submitted by 31 October 2021.
Chief Executive David Lavery was in the consultations or mediations in Belfast. The
Anti-Money Laundering / Counter-Terrorist Financing
process of developing an ambitious strategy very high standard of accommodation,
centred on a vision for the Society to play excellent range of tailored facilities and Dear colleague The AML/CTF Annual Return 2020-21 is an The Relevant Period (the period of
an indispensable role for every member convenient location in Belfast’s Legal online questionnaire designed to collect business which the Law Society requires
The online Anti-Money Laundering /
through providing services and support to Quarter are illustrative of the type of service relevant data from all firms carrying out work information on) is the preceding 6 April
Counter-Terrorist Financing (AML/CTF)
add real value to members’ work. we want to provide going forward. in the regulated sector including firms providing 2020 to 5 April 2021.
Annual Return 2020-21 must be completed
services within scope of the Money Laundering
by all solicitor firms and submitted to the
Whilst the pandemic has had an inevitable As we move into the ‘new normal’ many Regulations 2017 (as amended). Completion of the AML/CTF Annual
Law Society, as the statutory Regulator
impact on delivery of the strategy it has aspects of life will not return to what they and appointed AML/CTF supervisory Return is a requirement on all solicitor
It has been designed in such manner as to
also provided opportunities to do things were. We’ve fast tracked new ways of authority of the solicitors’ branch of the firms.
facilitate ease of completion by your firm’s
better. The Council, committee members working and technologies that will continue legal profession in Northern Ireland under Money Laundering Reporting Officer (MLRO).
and Law Society staff have worked together to bring benefits once we are fully back the Money Laundering, Terrorist Financing Please note that your firm’s Money
engaging with members on key issues working in the office. Innovation in our and Transfer of Funds (Information on the The AML/CTF Annual Return is an important Laundering Reporting Officer (MLRO)
around the operation of courts, the Land methods together with more targeted use Payer) Regulations 2017 (as amended) (‘the part of the Law Society’s range of supervisory must complete and submit the AML/CTF
Registry, and the legal aid system as well of IT will form part of our new approach. Money Laundering Regulations 2017 (as tools in the exercise of its functions as statutory Annual Return online no later than
amended)’). Regulator and AML/CTF supervisory authority. 31 October 2021.
6 Ezine of the LSNI Society Society Ezine of the LSNI 7
Summer 2021 Business Business Summer 2021
in the late afternoon. While there was less in a subsequent specifically tailored recorded From a staff perspective there is a
socialising than there would usually have been session. In addition, a live revision session took considerable amount of unseen work
over lunch, he reported very positively on use place via Zoom to cover key points. As a live involved in the delivery of online events
of chat box for discussions on legal topics and session it enabled trainees to ask questions. with additional considerations which would
how as the result of the regularity of the contact not have been applicable to physical events.
over multiple days people actively engaged in The Professional Conduct Course for trainees was Staff carry out tests of the software and
training and post-session discussions via chat delivered in real time, as a live event via Zoom. compatibility of equipment and devices
box. Trainees’ cameras remained on for the sessions with each individual presenter(s). There is
giving it more of the sense of a live lecture. a greater need for a rehearsal meeting of
Self-paced the content ensuring high standards and
Other Online Training Support a professional polished finish, particularly
Online learning can be taken at the student’s given that the live events will also be made
own pace. You can watch, rewind, repeat. You Carson McDowell solicitors, in conjunction with available as a recorded resource. Content
can download a lecture and review it multiple the Society, delivered a series of webinars must be adapted to suit an online learning
times taking notes verbatim. for trainees via Microsoft Teams covering environment and the insertion of interactive
a range of topics including introductions to elements may be required such as polls which
Conversely, a physical lecture is delivered in a Health and Safety (Criminal and Regulatory have to be prepared in advance. Post-event
finite amount of time. The individual attends, aspects), Healthcare, Media, Banking, Corporate, evaluation reports are easier to prepare with
takes notes and it’s over, done. The key points Commercial, Litigation, Commercial Litigation the assistance of system-generated reports
have been captured apart from perhaps and Judicial Review. Some of the sessions on statistics and attendee feedback. After
checking with a colleague if anything was have subsequently been delivered in our CPD the event, recordings must be converted and
Experiences accelerated progress in the use of eLearning
and online delivery. We learned how to use
Microsoft Teams or Zoom by watching mini
Again, there it depends on resources, the size
of available space and the number of people
you share it with. Online presentations cannot
missed. programme.
CPD
uploaded to be made available for purchase
together with the accompanying documents
of eLearning
Anecdotally some students are reporting that and a de-brief with all speakers post-event
tutorials online. Zwift (indoor cycling app always be viewed without interruption such online learning takes up more time. must now be undertaken virtually and may
linking cyclists across the globe) and Peloton as deliveries, caring responsibilities, and other In June 2020 the Society’s first CPD webinars require a follow-up meeting.
within the
indoor bike & treadmills with streaming pressing work commitments. It is arguable that there is a loss of skill in active were delivered online using GoToWebinar as the
classes) entered our vocabulary. Online classes listening, distilling information and ability to delivery platform. From 14 January 2020 to 13 Further details on CPD events can be found
– yoga, fitness, and even dry land swimming Flexibility & Convenience note key points. March 2020, 21 in person CPD events had taken here: https://www.lawsoc-ni.org/cpd-training
Society training for triathletes who couldn’t use the
swimming pool in the most recent lockdown
are examples of how eLearning has expanded
Online delivery is often not restricted by Use of eLearning in the Society
place. The Covid-19 situation and Government
guidelines meant that all events after 13 March Conclusion
timetables. Recordings are often available to be were postponed or cancelled. CPD materials
into unexpected territory and become part of watched at a convenient time. Such freedom Trainees were made available on the Society’s website. Borrowing a quote from an article on online
everyday life. requires a certain discipline, whether for work Online CPD events commenced in June 2020 and learning: “…. technology is neither plague
or leisure. For Trainees, the Professional Development 40 online sessions took place over the period nor panacea”.1 There are advantages and
Forensic psychology, song writing, antiquities Department and Communications Department June to December 2020. disadvantages to it. Learning how to use it to
trafficking, an Introduction to Recreational With recordings you can miss the opportunity worked closely with the Course Director Brian best effect is key and has become an accepted
Maths, podcasting are other current eLearning to take part in discussions and ask questions H Speers,( CCD solicitors) to redesign the The total number of events (in person/pre- method of learning.
courses available free online for anyone with as part of a “live” event. ELearning has been compulsory and examinable Solicitors Accounts lockdown and online/post lockdown) delivered
time on their hands. described as a “solo” method of learning. It can Course and Professional Conduct course for in 2020 was 61. 47 topics were covered and For the Society e-Learning has been
be isolating when the collegiality of peers and online delivery. Different methods of delivery 3709 members attended webinars and 1593 exceptionally positive. We have moved
Advantages and disadvantages of colleagues and networking opportunities are were used for each course. viewed recordings. The number of topics to using a variety of technology and
eLearning no longer available. Elearning does, however, delivered in 2020 matched those delivered platforms: Vimeo, Microsoft Teams, Zoom
promote active and independent learning.
Anne Devlin, Acessibility
Pre-Covid-19, the Solicitors Accounts Course in 2019 and attendee numbers (including and GoToWebinar to deliver training It
for trainees would have been delivered in two recordings) held up well despite the relaxation has benefited both trainees and qualified
Head of Professional The requirement to attend a physical event sessions as a physical event. The online version of the requirement to complete CPD and solicitors. When the first lockdown happened
Online delivery allows more people to access generally demands that you are present at the
Development training. One online delivery session on Home event will and will take in/ absorb at least some
is now delivered in four shorter, separate competing priorities of the pandemic. in March 2020 it allowed courses to be
online sessions. An additional fifth revision delivered to trainees to enable them to
Charter CPD can reach what would have taken of the content which arguably leads to a better session was added. The recorded sessions and In 2021 online booking via Eventbrite was complete their traineeship and qualify within
ELearning, or electronic learning, encompasses 8 physical events in different locations. It quality of learning. However, the attention materials were hosted on the Society’s website introduced. CPD training continues to be the usual timeframe. ELearning was essential
any type of learning, training, or education saves on travel and time for both attendees of the participant at a physical event cannot using Vimeo. The online recordings have the delivered via GoToWebinar and Zoom. Updated in ensuring CPD was available to Members
that occurs on a digital platform including and speakers. be guaranteed – who has not daydreamed advantage that they can be accessed at any and enhanced CPD Online Records are now throughout the pandemic. We are pleased
the internet, YouTube Zoom, GoToWebinar or or ruminated over a difficult problem while time and watched as often as needed. Although available to allow Members to record details of to report that feedback from both groups has
MOOCs (Massive Open Online Courses are free However, accessibility depends on having appearing to listen to the speaker? it was an online programme it was tailored to their CPD on an ongoing basis. been very positive.
online courses available for anyone to enrol.) access to an appropriate device and good trainees’ needs. To compensate for the lack of
internet connection. Watching on a phone, Jonathan Goldsmith in the Law Society Gazette face-to-face teaching, trainees were asked to A number of Members have used the evaluation
Covid-19 has catapulted everyone into finding although functional, is not technically or (26 April 2021) writes positively on attending complete a ledger card exercise on their own, forms sent after each online session to highlight
new ways to connect with others, new ways ergonomically ideal. an online alternative to what would have been after watching two of the recordings. Their their positive experiences of online learning. 1 Irish Times 27 May 2021
for work and leisure. While a variety of online a day and a half in-person training session on https://www.irishtimes.com/news/education/online-
answers were then reviewed and any problems, The main benefits include more efficient use
learning-should-make-education-open-to-all-so-why-
courses have been available for several years One can choose one’s own learning EU law. Instead it was delivered over a series common themes or areas showing a lack of of time which does not now have to be spent hasn-t-it-happened-1.4577088
via MOOCS the restrictions of the pandemic environment. Individuals can learn from home. of one-hour slots over a period of two weeks understanding were identified and addressed travelling to and from events.
8 Ezine of the LSNI Society Society Ezine of the LSNI 9
Summer 2021 Business Business Summer 2021
New Ways of Working – New Online Probate Portal Pilot Launched Know it all
It has been developed by the Department of
Finance’s Enterprise Digital Development team
be provided for the personal representative(s), to
enable their access to the Probate Portal.
with
working closely with the NICTS Modernisation
Team, in conjunction with Probate Office staff
and in consultation with solicitors and citizens.
The Portal calculates the fee due and payment is
made through the Portal by credit card.
KnowAll
Following an approach to the Society by the Once the online application has been submitted
NICTS Modernisation Team earlier this year, and paid for through the Portal, it remains the
the Secretary and members of the Society’s case that the original Will needs to be lodged
Non-Contentious Business Committee with with the Probate Office. Thereafter, once the
representatives of their firms, tested the application has been processed, the Grant of
initial portal prototype and provided detailed Probate/Letters of Administration will be issued
Brian Carson feedback. This constructive engagement was by the Probate Office as previously.
welcomed by all parties and a number of the
Committee Secretary matters that were fed back from the testing,
At present the Portal is only available for
straightforward Grant of Probate or Grant of
were subsequently incorporated into the Portal. Letters of Administration applications (to the
The COVID pandemic, resultant lockdowns and
working from home arrangements have seen As part of the Society’s CPD programme, extent of siblings’ entitlement). More complex
many of us having to adapt to new ways of the NICTS Modernisation Team completed applications, Grants of Letters of Administration
working and an increasing move to online a CPD training event at the end of April, with Will annexed or applications with
with Microsoft Edge. Simply login to the summary of the judgment. All of these fields
provision of services. demonstrating the Portal. A selection of firms corporate/trustee company executors are not
Members’ Area of the website, then navigate are searchable. Judgments and tribunal
also took part in a private beta release of the possible through the Portal.
to the Library and Information Services tab. decisions are also available to freely download
It has proved timely therefore that a new
portal, submitting live applications in a short The launch of the Probate Portal is a significant From there, click on the KnowAll tab and you from the database. Similarly, all legislation is
online Probate Portal has been launched
period prior to the go live date of 14 June development, moving online what has to date will be directed to the home screen of the accompanied by useful overview information
by the Northern Ireland Courts and Tribunal
2021. been solely a paper-based application process. system. From there, you can use the search or such as statutory reference, commencement
Service (NICTS) from 14 June 2021. The
browse features to access material. Searching date and explanatory note, and is linked to the
Probate Portal can be accessed by members The online application form is completed by Hard copy paper applications can still be made. is a more focused approach to finding Statute book at legislation.gov.uk. All cases
here. answering a series of questions relating to However, when doing so the new standardised materials, as you may already know the title of are linked as they proceed through the Courts
the deceased, their estate and the executors/ printable forms that have also been produced
The Probate Portal enables straightforward what it is you are looking for and therefore a system, and Primary and Secondary legislation
administrators. Built-in validation and step by by NICTS, should be used. These forms are also
Grant of Probate/Grant of Letters of search for a specific title will bring you to that are also linked.
step sections assist with accurate completion available from the NIDirect website here.
Administration applications to be made online result. If you prefer to see what the Library has
of applications. A Statement of Truth is
on a particular area, you can browse by author, We hope that Members will benefit from
by solicitors and also by members of the
generated automatically, populated using the Use of the Probate Portal should reduce the Elizabeth Dowling, subject, collection (practice direction, textbook, what KnowAll has to offer. In due course we
public.
answers that have been provided. likelihood of applications that need to be
returned under query. The Portal can be accessed
Assistant Librarian judgment, etc.). hope to be able to offer in-person training
To access the Portal, the applying solicitor will on the system to solicitors and trainees, but
Copies of accompanying documents applicable online at any time from any device, enabling
need: KnowAll is the name of the Law Society All material previously available via LIBERO has in the meantime if you have any questions,
Will, Codicil(s) and relevant IHT forms are also all users to use it at a time and a location
uploaded to the Probate Portal by the applying Library’s new management system, replacing been migrated to the new system. KnowAll suggestions or comments please let us know at
• Their
firm’s unique ICOS account number convenient to them. Users will also be able to
solicitor. the old LIBERO database which Members may therefore contains a huge volume of Northern library@lawsoc-ni.org
and PIN; track the progress of their application online with
have been familiar with. It was decided that Irish and UK materials, including:
Once the Statement of Truth is generated, the regular status updates.
• Their own verified NIDirect (NIDA) account. the time had come to upgrade to this new
personal representative(s) are then notified The Probate Portal is a pilot project for NICTS’s system as it offers enhanced functionality, a - NI
judgments from the High Court, Court of
Members with an existing verified NIDA electronically that it is available for checking clean, modern interface for the end user, and Appeal and Supreme Court,
Modernisation Team. Use of the Portal will be
account, for example to access the Legal by them online and to provide their digital compatibility with the move to Cloud-based - NI Acts,
reviewed and inform future courts and tribunals
Services Agency’s LAMS system, will also be confirmation that it is in order. The solicitor is computing recently introduced by the wider - NI Statutory Rules,
service innovations as set out in its recently
able to use that account for the Portal. also notified electronically once the personal Law Society. The system has been heavily - UK
Public Acts insofar as they extend to
published Modernisation Vision Statement.
representative(s) have attended to this. customised to suit the needs of the Library and Northern Ireland,
For those Members without a verified NIDA
It is in this context that feedback on the Probate the profession. KnowAll therefore provides - Practice directions,
account, further information on how to create Email and mobile phone details (for two factor Portal from members would be appreciated a sophisticated, professional, user-friendly - Tribunal decisions,
one is available from the NIDirect website identification purposes) will therefore need to to inform both development of the Portal and portal for Members to access Northern Irish - Liquor Licensing decisions.
here. The application for a verified NIDA
development of other online services by NICTS judgments and legislation, practice directions,
Account can also be completed online, with a
in the future. Feedback can be provided via the browse our collection of textbooks, and even KnowAll also contains a wide range of textbook
new digital verification process also recently
Portal by emailing the NICTS Modernisation Team send in research requests to staff via the ‘Ask titles with accompanying bibliographic
implemented.
at modernisation@courtsni.gov.uk. the Library’ function. information (year, author, edition, etc.).
The Portal aims to simplify the Grant Judgments are accompanied by summary
Members are also very welcome to contact Brian
application process, through completion of an Access to KnowAll can be gained via the Law headnotes and key information such as
Carson at the Society at brian.carson@lawsoc-ni.
online application form, including payment of Society’s website. While the system will work citation, names of parties, judges, and
org, if they have any questions, comments or
fees and upload of supporting documents. across different browsers, it is most compatible legislation cited, to offer a useful “at a glance”
feedback concerning the Probate Portal.
10 Ezine of the LSNI Society
Summer 2021 Business
Call for Masters
2021/22
Masters
I confirm that I am interested in acting as a Master as and from 18 October 2021 and am willing
for my name to be added to a list of potential Masters and circulated to students seeking
apprenticeships.
Name of intending Master
Trainee Registration with the Society 2021
Name of firm/ organisation
Closing Date for Registration: Thursday 30 September 2021 at 5.00pm
Traineeship Start Date: Monday 18 October 2021 Contact name and details of
the person to whom application
As we move from the uncertainties of the onset of the pandemic in 2021 towards hopefully a more settled time, the should be made
Society recognises that there are still difficulties for prospective trainees finding Masters given the ongoing difficult (if different from Master)
and fluid circumstances facing legal practices arising out of Covid. The Admissions Test took place later than usual
due to Covid. The Society has therefore decided to extend the closing date for registration of papers in 2021. The Is there a closing date for your
closing date for lodging registration papers with the Society will be Thursday 30 September 2021 at 5.00pm. This recruitment process?
will allow solicitors more time to complete their recruitment process and will give trainees more time to find a Master. (If so, please specify)
(For 2022 - It is expected that the closing date for registration will revert to Monday 22 August 2022. This will be kept
under review.) How would you prefer to receive applications from prospective applicants :
The start date for the traineeship this year will be Monday 18 October 2021. Unlike 2020, there will not be a flexible
CV by Email CV by Post
start date. The traineeship is a fixed term two-year contract.
Firm/Organisation’s own recruitment procedure (please detail)
Could you, your firm or organisation support Could you become a Master?
the next generation of solicitors?
The history of the Law Society is marked by those members,
We continue to live in challenging times in firms and organisations who have shown great commitment in
which many aspects of life are still affected supporting the successive generations as solicitors often through
by the Covid-19 pandemic. Delivery of legal the most difficult economic, social and political times. Their legacy
services and training have adapted to the is realised in the countless solicitors and members of the judiciary
new environment, the future is still uncertain who have benefited from the insight, teaching and direction of
for those setting forth to train as solicitors their former Masters.
in Northern Ireland. The real impact of the
pandemic and economic downturn will not be If you –
lost on them as they struggle to obtain a Master Date
and build a career. 1. have practised as a solicitor for at least 7 years, and been a
principal for at least 3 years, and
Can you help? 2. can provide a suitable training environment for an apprentice Please return the completed form to:
Potential trainees need your support and help. 3. are
willing to act as a Master for the 2-year term commencing
18 October 2021
Admissions, Law Society of Northern Ireland,
Can you provide support? Law Society House,
or
In simple terms, trainees need Masters not only 96 Victoria Street, Belfast BT1 3GN
if you are interested, but have less than the requisite
to provide them with training but to inspire or email to
experience
and define them as the next generation of the admissions@lawsoc-ni.org
solicitor profession. please email anne.devlin@lawsoc-ni.org
12 Ezine of the LSNI Society Society Ezine of the LSNI 13
Summer 2021 Business Business Summer 2021
The Meeting Space at Law Society House
opens for bookings
The
Meeting
Space
The Meeting Space at Law Society House
has now been completed and will shortly be
formally opened at the start of the legal year
in Seoptember 2021.
Located in the heart of the Belfast’s legal
quarter, The Meeting Space at Law Society
House provides:
• state
of the art facilities for mediations,
meetings, negotiations, and other
professional gatherings.
• spacious plenary and meeting rooms with
breakout areas and coffee docks.
• high specification audio-visual facilities for
hybrid or virtual events in each room.
• fast, reliable internet access along with
access to widescreen video conferencing
equipment.
In the interim the Society is offering use of
all of the rooms without charge for Members
during July and August 2021.
Fees will apply to other organisations seeking
to use the facilities in each room and these
are detailed in the booking form which can be
accessed here.
Please feel free to call in to view the facilities
at The Meeting Space at Law Society House.
14 Ezine of the LSNI New Ways New Ways Ezine of the LSNI 15
Summer 2021 of Working of Working Summer 2021
Sightlink –
It required the adoption of video technology in
Mediation in Business and Property Disputes a manner which was immediate and dramatic.
That technology already existed but up until
a Judicial the pandemic was used largely to support
and supplement a physical hearing, not to
Perspective
effectively replace it. There was a massive
This is the first in a series • the sooner a dispute can be resolved the business clients will see that a mediation has The cases are witness and fact intensive
ramping up of resources and to its credit the
sooner clients can move forward with the potential to deliver a structured resolution and there is no typical property dispute.
of articles by Law Society business/relationships/employment, and that can address continuing contractual/ They require us to advise a client about NICTS delivered. It transformed a small handful
of licences for what was a largely unknown
Mediation Service (LSMS) end the inevitable disruption, distraction trading relations, renegotiate contractual a dispute, drafting letters before action His Honour Judge platform into the relative abundance of
and stress a contentious matter can inflict. terms, or restructure businesses for example. and encouraging settlement out of court.
Board members aimed at The mediation also allows underlying factors If a settlement is not forthcoming then Patrick Kinney available links today. The term Sightlink entered
the legal lexicon.
informing solicitors how A separate but important consideration is that which may be driving a dispute or preventing you will move on to draft or respond to
mediation may assist your
a solicitor who fails to consider mediation and its resolution to be addressed in a way not court proceedings, encourage mediation, If you want a surefire The future of remote hearings is a broad topic
advising a client about mediation (or other available in the Court room; often there attend court for interim hearings and finally
practice. ADR) is potentially exposed to a complaint, are personality clashes, bad blood, family attend court for a trial. Clients are often conversational gambit exercising jurisprudential minds. However the
purpose of this short article is to reflect on
or worse, by a client who concludes a relationships, distrust and pride which can be landowners, tenants and businesses, and amongst lawyers, then ask personal experience over the last 15 months of
The introduction and section on ‘Business contentious matter unsatisfactorily in terms of vented in the protected and confidential context cases tend to be tried in County Courts, the
Disputes’ is by Gareth Jones mediator, and the outcome/cost/Court experience. of a mediation. Business people also value the High Court and Property Tribunals. These for their views on Sightlink. unprecedented upheaval.
second section on ‘Property Disputes’ is by fact that a solution to the dispute lies within cases are time consuming and almost It rarely fails to provoke a The essential benefit of the remote hearing
Kevin Neary Solicitor Secondly, we should think about how to their control and influence rather than handing always fractious. The parties in many cases
create the dynamic for engagement in the risk of an imposed outcome over to a are reluctant to face the weaknesses of their response, often animated, was to facilitate the legal process and to allow
Court hearings to continue. Without it, the
mediation: third-party decision maker/Judge. A mediation cases and will focus on long held grievances about the dawn of this new system would have ground to a halt. There
provides a safe and private environment for and personal animosities
• With the knowledge (and possibly previous your business clients to fully explore the issues, remote hearing culture. was an already heavy caseload before the
experience) of the potential benefits of ascertain what options for resolution might Mediation is often used in property disputes. Courts at all levels. There was a need to adapt
mediation and what it involves, have a be possible, and to weigh up the risks and It is an ideal way for parties to take control March 2020 brought with it the most amazing and transition at speed. In the context of a
conversation with your client. Even if economic factors in an unpressurised forum. of their dispute and reach a decision which and rapid changes to society in living prevailing optimism that things would get back
a client opts not to attempt a mediated Mediation offers a logical and interests-based is beneficial to both parties. Taking control memory. In a matter of days Courts closed and to normal by the autumn there was also an
resolution they ought to appreciate that opportunity for business clients to attempt to back from the Court and thinking of options emergency coronavirus legislation opened the enthusiasm amongst support staff, Judiciary and
their solicitor has raised and talked them resolve their disputes. outside of the usual orders that a Court can door to the use of audio and video links in the practitioners to try to find a way to keep things
through that option. make is a very attractive option to those place of in-person hearings. Physical in-Court moving, to look after clients and to ensure that
• When client’s instructions have been involved in property disputes. Mediation is hearings became impossible and jury trials cases received the attention they required. It
secured then there needs to be so popular in property disputes because it were suspended. The familiar legal landscape was in effect a huge but unscheduled pilot and
Gareth Jones, engagement with the solicitor for the allows the parties to take control and reach changed almost overnight. a most unexpected experiment.
Mediator other party, and if an initial approach is not agreements that a Judge cannot mandate
productive then potential costs protection on the use and enjoyment of shared
Introduction (and additional leverage to encourage rights and interests as opposed to a crude
engagement) may be achieved by sending determination of a winner and loser
Now that The Meeting Space at The Law correspondence proposing mediation
Society House is open for business it is timely (and referring to any relevant Pre-Action We see this in examples such as rights of
to set out some information and observations Protocol or Practice Direction). way where there may be no clear factual
on the benefits of solicitors promoting picture on the history of the use of the
mediation with clients engaged in, or about to Business Disputes laneway and where there is a multitude
embark on, litigation of contentious matters of witnesses making different assertions.
and disputes. The broad range of business disputes are A skilled Mediator can get the parties to
perhaps those most frequently considered
Kevin Neary, reflect on their evidence and the likelihood
First, we should consider what particular suitable candidates for mediation. Business Solicitor, DND Law that a court will accept it. It should be
factors should encourage us to consider and commercial clients generally see remembered that complex settlements
recommending the mediation of our clients’ the potential benefits that a mediated Property disputes of disputed rights and obligations can be
disputes and contentious matters such as: settlement can offer: they want to achieve achieved which a Court could not achieve.
an economically sensible settlement at As we all know property law focuses on
• The longer disputes last the more costly the earliest appropriate stage and to move disputes over the creation, ownership, transfer
they tend to be. on with normal business activities not and protection of property interests, as well as
• The vast majority of disputes do resolve distracted by a time consuming, costly, and the impact of relationship breakdowns, death
without a judicial hearing and decision. often unpredictable Court outcome. In such and dissolution of partnerships. It involves rights
• Clients (and indeed solicitors) have a disputes there are often issues at play beyond of way, possessory title claims, landlord and
reluctance to make any concession or to establishing the facts, interpreting contract tenant, commercial, agricultural, residential,
compromise their position on a disputed terms, calculating losses and applying legal local authority, and development property and
matter until an exploration and testing of principles (in other words the types of issues covers buildings, green space and everything in
the factual matrix and issues has occurred. that we tend to focus upon as lawyers); between.
16 Ezine of the LSNI New Ways New Ways Ezine of the LSNI 17
Summer 2021 of Working of Working Summer 2021
My own experience of Sightlink has been
mainly positive. That is due in no small part
Whilst technology has made incredible strides
it is far from perfect. Poor connections continue
Hybrid hearings carry their own problems.
Parties linking in often cannot clearly hear A Practical Guide for Solicitors and clients participating
to the manner in which it has been accepted
and even embraced by legal practitioners.
to be the bane of all our lives along with the
constant beseeching to make sure participants
what is being said in Court. They also have a
very limited and constricted view of what is in Sightlink or other Remote Hearings and Reviews
Working closely with the Judiciary and are on mute unless addressing the Court. happening in the courtroom.
Northern Ireland Courts and Tribunal Service, 1. In
advance of the scheduled hearing it will 8. If feasible, have a second device on 16. Remote
hearings/reviews will proceed
ways have been found to ensure that cases We are all aware that conducting business I am also mindful of the impact of the
remotely is much more tiring than physical extensive use of remote hearings on younger be important to speak to all opposition standby in case you experience issues as a Court of law. It is imperative that
can proceed in a manner which is fair and members and representatives to clarify, with your main device. solicitors conduct themselves accordingly
appropriate. But that is not to say that there attendance at Court. There are added problems practitioners. They have missed out on
such as the handling of documents or the use several levels. Work and experience which define and narrow issues in the case. This in terms of behaviour, courtesy and
have not been problems. is an invaluable exercise and will result in 9. Ensure that all devices are fully charged dress code from the outset of the
of interpreters which can impact adversely and would otherwise have fallen to them because
It is important that lawyers are aware that the perennial worry and concern about ensuring colleagues were unable to attend physically the scheduled hearing time being used to and that you have a charging cable session. Solicitors are reminded to limit
Judges understand not just the frustrations privacy and security to participants online. at more than one Court venue have been maximum benefit for all. and plug to hand, as virtual hearings/ conversations between colleagues on
of remote hearings but also the extra work curtailed. There is also a loss in not observing meeting can exhaust battery life on any Sightlink in the absence of the Judge
that is required to make them successful. We Remote hearings have proved an invaluable and learning from others when together in 2. arties should liaise in advance of any
P device. sitting as it is an open link and only closed
understand the increased difficulties created vehicle for case management although the physical courtroom and the ubiquitous Court listings to identify whether their at the direction of the Judge.
in consulting with clients. We understand in there are still concerns about the conduct of collegiality and camaraderie amongst lawyers case can proceed by way of remote 10. In
advance, check that the audio and
particular the difficulties in consulting and contentious hearings. Issues about assessing which can be a valuable learning experience. hearing/review or in person hearing video/camera facility on the device 17. Similarly,
it will be incumbent on Solicitors
obtaining instructions for matters that arise credibility of witnesses’ evidence remain to be and lodge the appropriate Court forms you choose to use is switched on and to prepare their clients and witnesses
during hearings. The normal liaison between resolved. The solemnity of Court proceedings Glitches in any new system are to be as soon as possible. All current forms are functioning. in advance and remind them of the
lawyers that happens in the background also needs to be maintained and this is not expected, particularly one which was accessible on the judiciary.ni web page etiquette of appearing in Court, whether
is made more arduous in not being able always achieved by the rather relaxed posture, introduced at such speed and in reaction to (https://judiciaryni.uk/coronavirus- 11. Solicitors
might consider exchanging they are participating in the Solicitor’s
to meet together outside the Court room. clothing, lighting and background that some such an overwhelming societal emergency. covid-19 ) mobile numbers/email addresses with office or at an alternative location. Any
Many of the parties and witnesses will participants have employed. Backgrounds in Wider questions remain about the way each other to have an additional strand party attending a court hearing by video
link in from solicitors’ offices. This creates particular can be distracting. Parties have linked forward. Satisfaction levels in my view are 3. Consider setting up a WhatsApp group of connectivity during the hearing. It conference or teleconference call is
additional burdens on solicitors in providing in from all sorts of locations including in my higher than might have been anticipated or Zoom meeting to run in tandem with will be important to communicate with expected to maintain equivalent standards
the physical setting to keep everyone safe own experience sofas, beds, sheds, caravans before remote hearings were used so the remote hearing/review so that colleagues during a remote hearing/ of behaviour as if they were attending the
and the additional burden on the office and moving vehicles. Background interruptions predominantly. The question we face is real time instructions can be taken and review – away from Sightlink. Court physically.
having to accommodate individuals for can be as simple as a dog barking or some whether we view remote hearings in the communications exchanged with your
lengthy periods of time. multitasking housecleaning but can also mean future as an improvement to traditional legal team. However, be very aware 12. Ensure in advance that all papers and 18. It is a contempt of Court to make any
all of us participating in what is undoubtedly thinking or rather that they fall short of the of the possibility of being overheard on bundles have been agreed and lodged recording of a hearing, whether of
Other parties may also link in from remote meant to be a private telephone call. Last but benefits provided by the full in-Court hearing. Sightlink – take appropriate precautions. with the Court Office and copies shared the audio or, for example, by taking
locations which makes it more difficult for not least are the automatic software updates with the opposition. Electronic bundles a screenshot during a video hearing,
solicitors to provide the level of support, which seem to occur at the worst possible However that debate may unfold in the 4. Plan to log on 10 minutes in advance. should be indexed and paginated. They without the Court’s permission. Ensure
advice and assistance to clients during times. future, one thing is clear. During this should contain only documents and clients and witnesses are made aware!
stressful Court proceedings which, frankly, pandemic lawyers have shown their industry, 5. Sightlink login details may be accessed on authorities essential for the hearing/
we used to take for granted. In family Interactions between the Judge and the commitment, impartiality and probity. But the Society’s web site, Members’ Section review as large files can be slow to 19. Make
use of the ‘mute button’ when not
cases the supportive role of the solicitor for advocate are more difficult. The acoustic and I think that they have also shown their via this link - https://www.lawsoc-ni. transmit and unwieldly to use and addressing the Court and remind your
many very vulnerable people is invisible visual experience is infinitely variable and flexibility, imagination, patience and good org/directory-of-sightlink-addresses ; navigate. client and witnesses to do likewise.
but hugely important. That is either lost or affects the quality of participation. Spontaneous humour. We have all suffered much over the or alternatively on the NICTS web site -
made much more difficult if that vulnerable reactions and discussions between the bench last 15 months but there is also very much to https://onlineservices.courtsni.gov.uk/ 13. C onsider if witnesses will require access 20. F or remote hearings/reviews to operate
person is in a location remote from all and advocates is often affected by time delays be proud of in the legal profession of Northern publiccourtlists/ to reports, photographs, statements effectively it is of utmost importance
support. and parties speaking over each other. Ireland. etc. and ensure that appropriate that all participants strictly adhere to
6. It is inevitable that conducting business arrangements are in place so that they the commencement and ending times
remotely will result in teething troubles can view a virtual copy if necessary. allocated to their case.
for participants and hosts/organisers.
Do therefore be sympathetic to the 14. C lients and witnesses need to be 21. When
the hearing/review ends you
technological and other difficulties contacted in advance to ascertain if must log out and remind your clients and
experienced by others. they are content to affirm before giving witnesses to do likewise.
evidence. If that is not their preference,
7. For those participating in their first remote ensure that they are aware that they will 22. Ensure that you have arrangements in
hearing/review it is advisable to read have to have a copy of their preferred place to consult with your client and/
the Guidance beforehand. JudiciaryNI religious book to hand to swear upon. or counsel after the hearing/review by
Guidance on Remote Hearings can be phone or a virtual platform, as you would
viewed in this link: - https://judiciaryni. 15. Consider
if it would be of benefit after a face to face hearing.
uk/sites/judiciary/files/decisions/ to lodge a booklet of agreed
Practice%20Direction%2001.20%20 correspondences with the Court Office
-%20Remote%20Hearings_0.pdf Also and other representative(s) and if so,
consider speaking to colleagues who have paginate and share in ample time before
participated in remote hearings/reviews the hearing/review date.
previously.
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