Issue 56 Spring 2026
Worcester Law Society and ICAEW join forces See page 15 for details
ALSO: • Updates from the School of Law • Join the 1km Lunchtime Charity Walk • SQE Preparation Comes to Worcester • and more...
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This edition... Issue 56 Spring2026 4 5 6 6 6 7 7 8 9 10 10 10 11 12
Committee Members and Member Firms President’s Introduction New EDI & Wellbeing Team Launch Wright Hassall joins HCR Law Oscar Binding joins Waldrons New partner joins to bolster law firm’s agriculture and rural affairs team Philippa Baker Promoted to Senior Conveyancing Executive Wright Hassall Record Record number of rankings Worcestershire Community Foundation HCR Law Expands Border Presence with New Shrewsbury Office Waldrons Padel / Networking Events HCR Law tops UK M&A rankings SQE Preparation Comes to Worcester: A New Partnership for Local Trainees Waldrons- domestic abuse workshop
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Property expert marks Chartered Legal landmark Help Me Walk 5K This April Jo Millington Event in aid of St Richards Hospice Updates from the School of Law ICAEW Event One in three people with a Will include a charitable gift How Wealth Advisers Can Help Clients Shape Meaningful Legacies Testing for ketamine and other drugs in care proceedings Are lawyers numerate? Losing a professional membership that underpins your credibility 19th century wills law not fit for the future Book Review Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB) It may not be the claim you expect that creates the greatest disruption
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Committee Members Elizabeth Miles President Greens Solicitors elizabeth.miles@greenssolicitors. org
Kate Collins Committee Member Bradley Haynes Law katec@bradleyhayneslaw.co.uk
Zahida Shah National Representative Silverback Law
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Paul Harris Mfg solicitors LLP paul.harris@mfgsolicitors.com
Eve Ryan Charities Secretary Silverback Law
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Luke Crocker Committee Member Bradley Haynes Law Luke@bradleyhayneslaw.co.uk
Molly Rowe Joint Events Secretary Silverback Law
Vishal Mahay Committee member Waldrons Solicitors Vishal.Mahay@waldrons.co.uk
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Visit our website: www.worcestershirelawsociety.com or follow us on Twitter: @worcslawsociety
Worcestershire Junior Lawyer Division
Edward Malkin Joint Events Secretary Greens Solicitors
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
Yazmin Griffiths Chair HCR Legal LLP
Sufyaan Aslim Joint Social Media Secretary MFG Solicitors LLP
Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com
Emily Willett Vice-Chair mfg Solicitors LLP
Isabelle Steven Joint Social Media Secretary HCR Legal LLP
Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com
Will Lloyd Secretary HCR Legal LLP
Jenny Watkins Committee Member University of Worcester jenny.watkins@worc.ac.uk
Becky Parker Treasurer Bradley Haynes
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President’s Introduction please write an article about it and submit it to our editor, Amy. Amy welcomes contributions and will hold articles ready for the next edition, so please do get in touch at any time.
Dear Members... Welcome to this year’s first edition of Pears Magazine. I very much hope you enjoy its contents. If there is an issue that is important to you, an area of law, or piece of legislation coming out that you believe that our legal community should be aware of,
This will be my last ‘welcome’ as President’, I have had the privilege and honour to stand for the last two years. We have seen some new firms join the Local Law Society which is wonderful and adds to its health and longevity. Worcestershire is a small but mighty powerhouse, with a diverse range of law firms which serve a growing population. We are growing to meet that need, but our firms have ambitions far reaching our boundaries and always have. Our successes are powered by the support we give each other, and the people and communities we serve. I will be handing over the reins to Kate
Collins of BHL for the next 12 months and I have no doubt that you will all give her the same support you have provided me. I will continue as the Council Representative for Worcestershire and Warwickshire on The Law Society, so if you have any questions for Council about TLS and the work it is doing or you would like it to do for you on the wider political stage, please let me know (Elizabeth.miles@greenssolicitors.org). We look forward to seeing you at the various events we are holding this year, the highlight as ever being the Awards Evening in September. We will shortly be asking for your nominations – do get them in early, we enjoy reading them, and the Interview Day is always a total joy. Liz Miles, President, Worcestershire Law Society
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News News News News News News New EDI & Wellbeing Team Launch
Since its launch, 79 members have already signed up, demonstrating strong support for the pilot and wider wellbeing initiatives. We welcome feedback on the signup and volunteering process.
with Joint Head, Heath Thomas. The office will operate under the name HCR Wright Hassall. The combined firm has 12 offices, 1,060 staff, and a turnover of approximately £112m.
Wright Hassall joins HCR Law
Oscar Binding joins Waldrons
Heath Thomas and Sam Payne
Courtney Stephenson with Oscar Binding
Following a pre-packaged administration process, well-established Leamington Spa-based Wright Hassall has today joined Top 50 UK law firm HCR Law, to deliver enhanced legal services across Warwickshire and Central England. Both firms are full-service practices with a shared commitment to client care and community engagement.
One of the enduring strengths of the legal profession is its ability to renew itself. Each year, students and newly qualified solicitors step into practice bringing fresh perspective alongside established expertise. At Waldrons, we see it as our responsibility not only to support emerging talent but also to strengthen our teams with practitioners who are part of the communities we serve.
Emma Delaney The Law Society is excited to announce the launch of its new EDI and Wellbeing team, led by Polly Williams, to advance our strategic goals in diversity, equity, inclusion, and wellbeing. The team comprises an EDI Lead, four EDI Managers, a Wellbeing Lead, and a Wellbeing Manager. We are delighted to welcome Chris Seel, Leila Lesan, and Sam McLeish as EDI Managers, and Christina Lambi as Wellbeing Manager. Recognising that not everyone has the time to lead a project or sit on a committee, the Law Society has launched the Get Involved portal, where individuals can register their interest in areas they wish to support. By offering your time, expertise, and insight, you can help drive real change and shape our EDI and wellbeing initiatives. There will be many opportunities to contribute, and we encourage everyone to sign up via Get Involved to stay informed: https://www.lawsociety.org. uk/membership/get-involved. The pilot currently requires participants to be qualified solicitors, but feedback has been submitted to expand access to unqualified colleagues and students, which will be reviewed at the next committee meeting to ensure broader representation.
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The firms share similar values and have complementary expertise. For Wright Hassall’s clients, this means access to a broader range of services and sector specialists, whilst HCR strengthens its footprint and consolidates its position as a leading regional law firm. The debt collection firm QDR Solicitors, which previously formed part of Wright Hassall, has not transferred ownership to HCR Law. Sam Payne, Joint Head, Leamington Spa office, HCR Law, said: “We’re delighted to be joined by Wright Hassall. This is about building on shared strengths and creating new opportunities for our clients and staff. For now, it’s ‘business as usual’ for clients, who we look forward to supporting further.” Sam leads the Leamington Spa office
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In October, we welcomed Oscar Binding to our Merry Hill office for a work experience placement as part of his final year LLB at the University of Worcester. Working within our Business Services Team alongside Associate Solicitor, Courtney Stephenson, Oscar has gained valuable exposure to corporate and employment matters. From observing Independent Legal Advice appointments and settlement agreement discussions to assisting with drafting correspondence and legal research, the placement has offered practical insight into how commercial legal advice is delivered. For us, meaningful hands-on experience is an important investment in the profession’s future. Alongside nurturing future solicitors, we were delighted to welcome Gabriela
News News News News News News Goldberg Bennett to our Residential Conveyancing Team in Kingswinford. Hailing from Kidderminster, Gabriela combines technical expertise with a strong local connection. Working closely with Senior Conveyancer Aimee Postings, she guides clients through significant life transactions with clarity and care. Beyond her practice, Gabriela serves as Chairwoman of the Birmingham Trainee Solicitor Society and as an ambassador for W.A.I.T.S Charity, reflecting our commitment to professional engagement and community involvement.
New partner joins to bolster law firm’s agriculture and rural affairs team Law firm mfg Solicitors has strengthened its nationally-recognised Agriculture and Rural Affairs department with appointment of a new partner. Experienced solicitor Neil Harrison has rejoined the firm after over 12 years working as an internal legal counsel in the private sector, both for Farmfoods and property management company, M Core. Neil originally joined mfg Solicitors
as a trainee in 2006 and worked his way up to associate level. Joining as a partner with vast experience, Neil will be based at the firm’s Worcester office working closely with partner and head of department Alexandra Phillips on matters including farm tenancies, country estates, property transactions, and providing wide-ranging advice to rural businesses.
“It’s an exciting time to join an expanding team and alongside Alex and the team, I look forward to providing the best possible advice for our clients.”
Philippa Baker Promoted to Senior Conveyancing Executive
Alexandra Phillips, partner and head of the Agriculture and Rural Affairs department at mfg Solicitors said: “It’s a tremendous coup for us to have Neil back in the team. He carries immense respect in all corners of the agricultural sector and his experience will only add weight to our client offering. “He knows the industry inside out and brings a rare private sector experience back to the firm. He is a first-class solicitor and clients are already working closely with him on a range of complex matters.” Philippa Baker Neil Harrison added: “I know the firm, it’s history and its values well, so when I had the opportunity to return it was an easy decision. The team has an exceptional reputation for its advice to farmers and landowners not just in the Midlands, but across the whole UK.
Philippa joined Bradley Haynes Law in late 2023, bringing over 20 years of industry experience. From the outset, her strong technical knowledge has been matched by exceptional client care and consistent support for her colleagues. In May 2024, Philippa was promoted from Paralegal to Conveyancing Executive in recognition of the significant contribution she made to the department. Following her continued dedication, outstanding work ethic during a particularly busy summer of growth within our Residential Department, and ongoing support for the team, we are delighted to announce that Philippa has been promoted again - this time to Senior Conveyancing Executive. This marks her second promotion in just 15 months, a testament to her commitment and impact.
Neil Harrison with Alexandra Phillips
We are incredibly proud of Philippa’s achievements and look forward to her continued success and growth at Bradley Haynes Law.
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News News News News News News presence in the South West is also noted. The Cheltenham office retains its rankings across six practice areas, with 13 lawyers individually ranked. This includes a first-time ranking for Rachel Roberts and an improved ranking for Adam Finch, who moves from Band 4 to Band 3. Additionally, the Employment team improved from a Band 4 to Band 3.
HCR record number of rankings in Chambers and Partners legal directory HCR Law is ranked in all its regions in the Chambers and Partners UK 2026 guide, which recognises leading law firms and lawyers within the UK legal sector. With a record number of rankings, HCR achieves more than 90 rankings across individuals and practice areas. This is a 15% increase on last year, demonstrating our commitment to client excellence and strategic expansion across England and Wales. Notable achievements include three new practice area and five new lawyer rankings. 61 individual lawyers are ranked across HCR, including 12 Band 1 rankings, as we continue to grow and attract leading legal talent in all regions. HCR’s Partnership team, led by Robert Capper, achieves UK-wide recognition, with Rachel Khiara receiving a Band 2 UK-wide ranking. The Education practice, led by Kristine Scott – who maintains her UK-wide Band 1 ranking – also achieves UK-wide recognition, along with the Healthcare team, showcasing our sector expertise. Joint Head of Education and Charities team, Oliver Daniels, also maintains his UK-wide ranking.
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The Welsh office in Cardiff, celebrating its fifth anniversary this year, marks its growth with a new practice area ranking – Band 3 in Real Estate – and improved rankings in two areas. Both Agriculture and Rural Affairs and Intellectual Property move from Band 2 to Band 1. Wales also maintains its Band 1 status in Information Technology and Band 3 rankings in Corporate/M&A and Employment. Partner and Head of Technology Services, Nicola McNeely, receives two Band 1 lawyer rankings in Information Technology and Intellectual Property. While Head of Agriculture and Estates Rory Hutchings retains his Band 1 ranking.
The Thames Valley team maintains its Band 1 ranking in £5m+ Corporate M&A, with Head of Thames Valley Corporate, Rachel Turner, ranked in Band 1 for another year. This reflects the Corporate team’s continued success in the South East, where HCR is ranked the most active dealmakers, according to Experian. Elsewhere in the team, Robert Rice and Richard Devall retain their Band 2 rankings, while Peter Orton is recognised as an associate to watch. In the Midlands, teams maintain their rankings in five practice areas, including Band 1 for Agriculture and Rural Affairs. 10 lawyers receive individual rankings, with three improving on their rankings from last year: Ally Taft moves up to Band 1, while Stephanie Dennis and Sam Payne achieve Band 2 recognition. Gareth Williams retains his Band 1 ranking and Dominic Hopkins is acknowledged in the Senior Statespeople category. Greg Hill is recognised for the first time as an associate to watch.
The rankings also reflect HCR’s growth across East Anglia, following the opening of our new Norwich office. There’s a new Band 2 ranking for the Restructuring and Insolvency team and Head of the Norwich office, Frank Brumby also receives a second, UKwide ranking - while the Real Estate Litigation team improves its ranking to Band 2.
In the West Midlands, Alison Scott receives an individual ranking in Band 3. David Perry, who recently joined HCR’s Real Estate team in the Birmingham office, is also ranked.
The Cambridge office retains its rankings in all previous categories. 12 team members are recognised, including Band 1 rankings for Denise Wilkinson and James Simpson.
Rod Thomas, Managing Partner, said: “We’re delighted to be celebrating record results in the latest Chambers and Partners rankings. This achievement is testament to the calibre of our legal teams and dedication of our people across HCR Law”
Our
expertise
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and
leading
market
Another recent addition to HCR’s growing team, Ben Ticehurst in the Insurance, Risk and Regulatory team, is listed as up and coming in London.
Worcestershire Community Foundation When people sit down with a solicitor to write their will, they’re often thinking about family first – children, grandchildren, maybe a beloved friend. But increasingly, many also want to leave the world a little better than they found it, supporting local charities which they may have been involved in during their lifetime or which have supported them. That’s where a strong relationship between solicitors and charities can make all the difference. A client might have a deeply personal connection with a particular charity – perhaps they received support during a difficult illness, or a loved one benefited from research funding. When a solicitor understands how to work collaboratively with charities, they can help clients turn gratitude into lasting impact. There are practical benefits, too. Leaving 10% or more of an estate to charity can reduce
the overall rate of inheritance tax. That’s a tangible advantage that can mean more for both family members and the chosen cause. A solicitor can help structure gifts in a way that’s tax-efficient and aligned with the client’s values.
In the end, it’s about partnership. Solicitors bring legal expertise and trusted relationships. Charities bring vision, purpose and impact. When the two collaborate, clients are empowered to create legacies that support their loved ones and the wider community.
Then there’s the option of setting up a charitable fund; for clients who want something more hands-on or longer term, this can be incredibly rewarding. Instead of a one-off gift, they create a living legacy that supports causes year after year. Solicitors who are familiar with these structures can guide clients through governance, trusteeship, and long-term planning, ensuring the fund reflects the client’s priorities.
Worcestershire Community Foundation works with hundreds of different causes and charities that deliver invaluable services throughout the county; we are experts who can offer advice on how best your client’s funds can be used to fulfil their wishes both now and in the future. We can quickly and efficiently set up and manage a fund on our charitable platform and advise on how funds can benefit chosen causes. We can make your job easier by giving your clients confidence that their wishes will be honoured now and in the future.
And let’s not underestimate the emotional benefit - many people find enormous comfort in knowing their legacy will continue to do good. A Will which benefits a charity can represent hope, gratitude, or a commitment to change.
For an informal chat on how we can help you to help your clients please contact Lucy Wells lucy.wells@worcscf.org.uk/ 07909 111812.
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News News News News News News local businesses getting involved. What really stands out is the atmosphere. Once the games finish and the rackets are down, we get our breath back, have a drink and catch up. It works because it’s genuine.”
HCR Law tops UK M&A rankings HCR Law retains its position as the UK’s top legal adviser for mergers and acquisitions (M&A), according to Experian’s MarketIQ YTD 2025 report. Despite a challenging year for the M&A market, HCR’s Corporate team has continued to deliver, completing a significant number of high value deals and holding first place by a margin of 52 deals. HCR Law Expands Border Presence with New Shrewsbury Office Top 50 UK Law firm, HCR Law has started 2026 with the opening of its latest office in Shrewsbury, strengthening its presence across England and Wales. This new location brings the firm’s total to 13 offices nationwide, supporting its ambition to be the leading independent regional law firm. To mark the opening, HCR Law welcomes new Partners – Lynda Richards and Amy Morris – and Associate Jake Moses, all joining from a well-established Shropshire firm. Renowned for their expertise in private client services, the team advises on estate and succession planning for high net worth individuals and business owners. Each is a member of the Society of Trust and Estate Practitioners, recognised globally for excellence in private client advice. The Shrewsbury office will also be home to Agriculture and Estates Partner Charlotte Nutting. Charlotte, joined HCR Law in May 2025, is well connected to the region, having worked at law firms in Shropshire and across the West Midlands. She has also previously served on the committee of the Shropshire Law Society, including a year as president, has dedicated time to both Women in Property and is a member of the Agricultural Law Association. HCR Law Agriculture and Estates Partner Matt Hayes, who is leading the project
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commented: “This is an exciting way to start the new year. Shrewsbury has long been part of our strategic growth plan, and with strong client demand in the region, this move allows us to deepen our local connections and deliver exceptional service.”
The results reinforce HCR’s reputation as a trusted adviser in corporate law and highlight its strong national footprint. Regional performance is equally impressive, with the firm remaining topranked for M&A deals in the South East, South West and East of England.
Waldrons Padel / Networking Events The Midlands climbs to first place from second last year. This news follows HCR’s acquisition of Wright Hassall, a well-established Leamington Spa firm, consolidating its position as a leading regional law firm. The combined firm has 12 offices, over 1,000 staff and a turnover of approximately £112m. London holds a second place ranking, with Wales in the top five and the North East in the top 10. Our monthly Padel + Network event at the new Padel + Play Centre in St John’s has quickly found its rhythm within Worcester’s business community. Initiated by Luke Boxall, Vishal Mahay and Steven Greenwood, the format provides an informal and a slightly energetic alternative to traditional networking. Vishal highlights: “Sponsoring a court at Padel + Play is a positive way to back a new Worcester venue while creating a regular opportunity for people to connect. The networking side has grown naturally. It’s simple, relaxed and inclusive, and it’s been encouraging to see a broad mix of
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Richard Wilkey, Head of Corporate at HCR Law, said: “We’re thrilled to be recognised once again as the UK’s top legal adviser for M&A. The rankings are a testament to the strength and consistency of our Corporate team and reflect our commitment to delivering trusted advice at a pivotal stage in our clients’ business journeys. “We share the table with firms that are significantly larger and more established, yet we continue to disrupt the market. It’s great to be leading the field as growth continues at HCR, following the recent acquisition of HCR Wright Hassall.
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“Despite economic headwinds and a drop in deal volume across the UK, rising deal values show a shift towards fewer, higherimpact transactions. With our reputation for specialist expertise, particularly in the PE mid-market, and client-focused advice, our Corporate team is well placed for continued success in 2026.”
SQE Preparation Comes to Worcester: A New Partnership for Local Trainees As the Legal Practice Course continues to be phased out nationally, the Solicitors Qualifying Exam (SQE) is now the gateway to qualification, but it’s proving a tough hurdle. With SQE1 pass rates hovering around 46% in 2025 and the cost of preparation running high, firms and trainees alike are asking: how do we make sure candidates succeed? For Worcestershire, there’s good news. The University of Worcester has announced a new LLM in Legal Practice, launching in September 2026, designed to give aspiring solicitors the best possible preparation for both SQE1 and SQE2. The course is delivered in partnership with the College
of Legal Practice, a specialist SQE provider with a strong track record in online training. Until now, many trainees have had to look outside the county for SQE support. This partnership means structured, high-quality preparation is now available locally. This reduces travel, strengthens ties with local firms and helps employers build a pipeline of well-prepared talent. Giles Proctor, CEO of the College of Legal Practice, explains: “We’re delighted to work with the University of Worcester to create more opportunities for students to progress their legal careers. Together we’re combining academic quality with practical guidance to help candidates navigate the SQE successfully.” The LLM covers both SQE stages, delivered online by the College of Legal Practice, while the University of Worcester’s School of Law provides practice-focused modules on campus. These include Legal Practice Preparation, developed with input from local employers, covering essentials such as client communication, time recording, legal tech, and commercial awareness. Students can also choose optional modules to develop specialisms from
Family Law to Personal Injury, Corporate Governance, Immigration and more; all ensuring graduates are ready for the realities of practice. With access to the University’s mock courtroom, the Hive Library and its Legal Advice Clinic, students gain hands-on experience and networking opportunities with Worcestershire firms. For employers, this means trainees who are not only exam ready, but work-place ready. Danielle Hopton-Jones, LLM Course Leader at the University of Worcester, said: “We’re incredibly excited to launch our new LLM. It offers students the best comprehensive tuition for SQE from the College of Legal Practice, alongside specialist knowledge and practical skills in dynamic practice-based modules, delivered by experts at the University of Worcester.” She added: “This course responds to the current needs of employers and is entirely practice-focussed.” Applications are now open for the September 2026 intake. For details, visit the University of Worcester’s website or contact Dr Michael Lane at m.lane@worc. ac.uk.
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News News News News News News own caseload covering property sales, purchases and the transfer of deeds. His qualification allows the firm’s respected Residential Property department to expand further across the city and the wider region. Jacob King said: “Achieving my qualification as a Chartered Legal Executive is a huge milestone in my career and allows me to take on more work and also bring more clients into the department. “Learning whilst working is never an easy thing to do but it was the best route for me. It takes time but now I’m qualified I am absolutely delighted.”
The Waldrons team at the Domestic Abuse Workshop Waldrons- domestic abuse workshop Our community focus also extends to addressing more challenging issues. As part of the West Midlands Business Festival, we partnered with Black Country Women’s Aid to host a workshop titled “Why Domestic Abuse is a Workplace Issue”.
Jacob King, a residential property expert at county law firm mfg Solicitors, has achieved the qualification after six years studying alongside his day job. The qualification means that 28 year-old Jacob, who is based at the firm’s Worcester office on The Tything, can now run his
Speakers from BCWA were joined by panellists from Mitie, Metro Bank and Waldrons’ Courtney Stephenson to explore the impact of domestic abuse on employees and the role employers can play in responding appropriately. Courtney commented “Domestic abuse does not sit outside professional life. Employers are well placed to notice changes, respond with empathy and help create a culture where people feel safe to seek support.”
Property expert marks Chartered Legal landmark A Worcestershire-based property specialist is celebrating after becoming a newly qualified Chartered Legal Executive.
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Jacob King with Sharon Lerry
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Sharon Lerry, partner at mfg Solicitors added: “Jacob is the perfect example of someone who wants to be at the top of their profession and his dedication over the past six years has been really inspirational to watch. He has given one hundred percent. “He is without a doubt one of the area’s up and coming property specialists and this will ultimately benefit home buyers and sellers across Worcestershire, especially at the moment with a market booming and with so much demand for all types of properties.”
Help Me Walk 5K This April – Join Me for a 1km Lunchtime Walk One Thursday in April their families, helping them access tailored guidance, explore interests, develop skills, and build friendships for fulfilling lives. You can read more in the NAS’s latest impact report.
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Emma Delaney Autistic people face discrimination and barriers across all areas of society – in health and social care, education, employment, and beyond. Fundraising for the National Autistic Society directly supports autistic people and
Please join me in supporting World Autism Acceptance Month by taking a gentle 1km lunchtime walk with me on a Thursday in April. It’s a chance to walk and talk about all things autism – whether it’s signposting requests, discussing ways to better support colleagues and family, or simply taking a walk to learn a little more or share your own lived experience. We’ll meet at 12:30pm and set off at 12:45pm from the following locations:
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2nd April: Bradley Haynes Law 9th April: Outside Worcester Crown Court 16th April: Main Entrance – the Jenny Lind Building, Worcester University 23rd April: Costa Coffee near Asda, Worcester 30th April: Elgar Statue, Cathedral Square
All donations are welcome – even a pound makes a difference. Together, we can support autistic people and their families and help create a more inclusive society. For more information, please contact me, Emma Delaney (Bradley Haynes Law), on 07486 633360
Jo Millington Event in aid of St Richards Hospice
On 5th November 2025 the Worcester Law Society had the pleasure of sponsoring an event in aid of St Richards Hospice at Worcester Warriers. Attendees enjoyed a tasty curry followed by guest speaker, Jo Millington who delivered a captivating talk about her fascinating career in forensic science both in the field and behind the scenes on some of the UK’s highest profile cases (as well as her advisory roles on a few well known TV shows!). A thoroughly interesting and enjoyable evening had by all!
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Updates from the School of Law The community at the University of Worcester School of Law has recently w e l c o m e d students back for its second s e m e s t e r. Teaching is in full swing, with students working hard towards their summer assessments. 2026 is set to be a busy and exciting year for the School of Law. Staff and students are enjoying our newly reapproved LLB courses, bringing existing modules up to date with new content and insights. We have also introduced new modules such as Criminal Justice and Medical Law and Ethics, which students are thoroughly enjoying, helping to expand their abilities in different practice areas in order to prepare for their future careers.
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Students have also been greatly supported by employability initiatives offered by the legal community. These have included a judicial shadowing scheme in the Worcester Crown Court enabling students to gain invaluable insight into life as a judge, ongoing work based-placements, multiple opportunities to gain work experience with and network with the Crown Prosecution Service, and the continuing support of solicitors within our Legal Advice Clinic which has recently been nominated for the Community Involvement Award by the Worcestershire Education Awards. As course leader, I am very grateful to those who give their valuable time and attention to support our students, who often come from backgrounds with no legal connections, helping start their careers in law.
Our Constitutions, Rights and Justice research group has welcomed two visiting professors from PACE University in New York to speak to staff and students, and our Policing team is organising its summer evidence-based policing conference. Multiple colleagues have delivered papers at academic conferences, written book chapters and monographs, and are editing book collections. Our research scope is also widened by our cohort of PhD students, who are at various stages of their projects.
The School of Law’s research community has also been very active.
Danielle Hopton-Jones LLB Course leader
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Having very recently stepped into the role of LLB course leader, it is a privilege to oversee the hard work of our staff and students, and celebrate their successes. I am excited to see what 2026 brings, and expand our work with Worcestershire’s legal community.
ICAEW Event On 18th November 2026 ICAEW joined forces with Worcester Law Society for a speed-networking scavenger hunt event, at the Piston Distillery in Worcester. It was a fabulous evening bringing together local accountancy and legal professionals. An excellent opportunity to engage in conversations, build networks and enjoy some delicious pizza!
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One in three people with a Will include a charitable gift With the largest intergenerational wealth transfer now underway, new data from our latest tracking study reveals that almost one in three people aged 40+ with a Will have included a gift to charity (32%). The study, based on over 2,000 people who donate to charity more than once a year, indicates that people often write their Will at a younger age than others might think. Almost half of those who have made a Will, did so before they reached their 50s (49%). However, it also shows that almost 2 in 5 people aged 40+ (37%) have not yet written a Will at all. This New Year, we’re encouraging people, when writing or updating their Will, to consider all the things they care about; loved ones and good causes alike. Importance of Will-writing As New Year’s resolutions take shape, January remains the most natural time of year for a financial reset. Writing or updating a Will is essential for anyone who wants to influence how their assets will be distributed beyond their lifetime, while being a key opportunity to protect family, loved ones and any good causes they wish to support.
pass on wealth. Solicitors, Will-writers and financial advisers are already reporting a growing appetite for inheritance planning. In recent research, 60% said they have seen a rise in demand for estate or tax planning advice, and 65% say they expect charitable tax incentives to become even more important2 to their clients in the years ahead. With the UK entering the largest intergenerational wealth transfer in history and many more estates facing an Inheritance Tax liability, having an upto-date Will in place has never mattered more. Impact of charitable gifts in Wills This January, Remember A Charity is urging people to reflect not only on their financial affairs, but the good causes they wish to support alongside their loved ones. Charitable gifts in Wills can make a considerable impact on good causes and communities across the UK – funding vital research, care in the community, emergency helplines, animal welfare, environmental causes and so much more. Lucinda Frostick, Director of Remember
Good estate planning can also help families reduce their Inheritance Tax (IHT) bill. Charitable gifts in Wills are free of tax, with donations of 10% or more of the net value of the estate reducing the IHT rate from 40% to 36%. However, even amongst wealthier UK households, a significant knowledge gap remains about these tax incentives, with 30% of millionaires in this study saying they were unaware of the tax breaks on charitable gifts in Wills. Evolving fiscal landscape This news comes at a time when IHT receipts continue to rise. The Chancellor’s Autumn Budget statement revealed that IHT thresholds will be frozen for another year (until 2030/31). With the Government’s plans to draw inherited pension pots into the scope of IHT from April 2027, experts are predicting that around twice as many estates will be liable for IHT by 2031,1 prompting more households to think carefully about how they preserve and
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the gift, remembering a charity in your Will can be one of the most empowering things to do – helping to sustain urgently-needed charitable services for future generations.”
James Antoniou James Antoniou, Head of Estate Planning & Senior Solicitor at Co-op Legal Services, says: “Typically, the start of the year is the most popular time for putting a Will in place. It’s an essential part of planning for the future and a properly prepared Will is often much easier to do than people realise. Gaining peace of mind that your wishes will be legally recognised and your assets protected for your loved ones after you’re gone are often key incentives however we are increasingly seeing clients choose to include charitable causes in their Wills, leaving a lasting legacy that can make a real difference to the causes that matter to them.” To explore how charitable gifts in Wills are changing the world, visit the Great Map of Willanthropy.3
Lucinda Frostick A Charity, says: “The new year is a great opportunity for us all to get our affairs in order and it’s deeply inspiring to see that – for so many people – that includes good causes as well as our loved ones. We’re seeing a growing sense of social responsibility and a real desire to leave the world a little better. No matter the size of
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1 https://obr.uk/efo/economic-and-fiscaloutlook-november-2025/
2 https://www.rememberacharity.org. u k /a b o u t - u s / l a t e s t - n e w s / 6 - i n - 1 0 professional-advisers-think-inheritancetax-changes-will-prompt-growth-incharitable-legacies/
3 https://www.rememberacharity.org.uk/ great-map-of-willanthropy/
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Beyond a Lifetime: How Our Role as Wealth Advisers Can Help Clients Shape Meaningful Legacies Today, many of the clients we support are looking for something more holistic. They want to work with someone who can help them explore what matters to them and what they want their wealth to achieve, both during and after their lifetime.
Clare Stirzaker Being a Chair of Remember A Charity’s Wealth Adviser Committee has made me appreciate that it’s rare to find a space that connects such a thoughtful crosssection of advisers, bringing not only a wide breadth of expertise to the table, but also genuine honesty and openness to discussions on the topic of legacy giving. There’s a real willingness to share challenges as well as successes, and to learn from one another in a way that feels collaborative and progressive. Whilst the latest Remember A Charity study on legacy giving amongst HNWIs revealed that 50% of millionaires have already included a charitable gift in their Will, there is still work to be done. It is in a large part the responsibility of the wealth adviser community to ensure that leaving a charitable legacy is a permanent fixture in wealth planning discussions and, as a committee, we’re hoping to make this happen. Traditionally, philanthropy within legal and advisory work has been viewed through a very technical lens – with lawyers advising on charitable structures, tax efficiency, governance and administration. Though this, of course, will remain essential, it is also apparent that the role of an adviser is evolving.
Values-based conversations give clients space for reflection This shift does require us to move away from purely technical advice and towards more values-based conversations, giving our clients space for reflection - not just decision-making. We will need to have the confidence to ask questions that don’t have easy or straightforward answers such as: what responsibility they feel comes with the wealth they have built; how they have built their wealth; and how their values around family and tax shape the legacy they want to leave after death. In short, we need to understand their philosophy of wealth. These conversations may feel less structured, but when led carefully and without pressure, they can be deeply rewarding - strengthening trust and laying the foundations for more effective estate and philanthropic planning. Integrating philanthropy across the advisory ecosystem Within my role as Chair of the Wealth Adviser Committee, I’m reminded often that philanthropy advisers seldom work in isolation. There is a wide and wonderful ecosystem at play, encompassing legal, tax, financial planning, investment and community expertise. Philanthropy works best when it is integrated into a broader financial plan, not treated as an afterthought. For clients to confidently commit to significant charitable gifts, they first need
clarity around how much they need for their own lifetime, what they want to leave to family, and how different assets should be allocated to different pots. As such, financial planners play a particularly important role. Clients also need to feel confident that the charitable causes they are leaving gifts to are aligned with their personal values and beliefs system. The adviser community can help close the gap between charities and their donors, to ensure all sides feel confident and supported through the process. The Remember A Charity events and education programme for wealth advisers is building real momentum, and it’s been encouraging to see growing engagement across the sector. As we move into our second year, I’m excited about the committee’s continued growth, expanding pool of expertise, and increasing focus on training and shared learning.
Legacy conversations are not always easy, but they are powerful. When we make space for them, we don’t just help clients plan - we help them understand what truly matters to them. In doing so, we build stronger, more meaningful relationships that can last beyond a lifetime.
Clare Stirzaker is a Private Client and Tax Partner at Boodle Hatfield LLPand the Chair of Remember A Charity’s Wealth Adviser Committee.
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Testing for ketamine and other drugs in care proceedings The use of ketamine1 is on the rise in the UK, especially among young people.2 Media reports have highlighted the drug’s devastating impact on mental and physical health, such as irreversible damage to the bladder. While we lack data about how widespread use of ketamine is in Northamptonshire, drug charities have indicated it is a growing problem. Public concern about ketamine and other drugs have also brought forensic testing into focus. In the family courts, forensic toxicology plays a vital role in determining patterns of drug misuse. However, not all tests are created equal. A recent case that FTS was involved in highlights this, when a court was almost misled about results. When urine testing falls short In this case, urine testing for ketamine had been performed for a parent and had come back negative. This urine test was a presumptive test, a form of screening testing3 for sweat, saliva and urine frequently used by employers, prisons and for court cases because it is quick and cheap. Questioned in court about how long urine tests can detect drugs for, a rehabilitation centre worker stated that the ketamine urine screening test covered a 14-day period. FTS’ review of the testing revealed a different story. The urine test, which had been outsourced, gave limited information. FTS reviewed documentation for the test from the outsourced lab, which revealed a detection window of only 1 to 3 days. The negative result and case worker testimony had been taken at face value, potentially overstating the evidence and misleading the courts. The value of hair strand analysis At FTS, we believe that care proceedings deserve the most rigorous and reliable evidence possible. This is why we specialise in confirmatory hair testing,4 which provides
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a long term, verifiable record of someone’s drug use over weeks and months, not just days. In this case, our hair strand analysis revealed a pattern of ongoing ketamine use that the urine testing missed. Hair testing is a highly accurate method for detecting ketamine and its metabolites, and because FTS interprets all findings in the context of the case, our expert reports provide the court with evidence that is “beyond a reasonable doubt.” FTS can also provide expert witnesses to explain results in court. This case is a powerful reminder that relying on imprecise information from non-experts can have consequences in family court proceedings. British law clearly states5 that hair strand analysis is to be treated not as a binary “yes or no” test, but as a form of expert opinion evidence. An expert before the court must explain the testing process, record the results, clearly explain their possible significance, and fully and faithfully report all findings. FTS boasts the most accreditations on the market for hair strand testing. We run our own UKAS-accredited testing laboratory,6 and our expert reports are specifically designed to meet the high standards of the family courts. By providing a full forensic investigation and contextualising all findings, we ensure that the courts are equipped with precise, reliable data needed to make informed safeguarding decisions. How FTS can help with testing for new drugs Ketamine isn’t the only drug of concern in Northamptonshire. Spice and Monkey Dust are just two of the newer synthetic drugs that have emerged in recent years. News reports have highlighted vapes circulating that are laced with Spice, showing many people are not aware of the drugs they are taking, or indeed that they are even consuming drugs. This also poses a challenge to local authorities and solicitors when it comes to ordering the right drug test. Drugs are constantly evolving, with newly modified versions being introduced regularly. Courts are still requesting tests for
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compounds that are no longer in circulation, while some laboratories are still screening for synthetic cannabinoids that have not been seen in the UK for over 10 years. At the same time, they lack the capacity to screen for the drugs on the streets now. Getting a fuller picture of drug use For public law proceedings, where costs and delays need to be kept to a minimum, it’s a waste of public funds to request tests for obsolete drugs. FTS is the industry leader in detecting new and emerging drugs. With one of the largest drug panels in the UK, we can test for a much wider range of substances, ensuring novel street drugs aren't missed. We lead the way on testing synthetic cannabinoids like Spice and we are the only company in the UK testing for the synthetic cannabinoid ADB Butinaca, currently one of the most used in the UK. FTS is also one of the few providers testing for MDPHP, the active ingredient in Monkey Dust. We constantly monitor drug trends and develop new methods for testing novel substances. This way we can ensure the family courts can detect the right drugs and are empowered with the facts to make critical safeguarding decisions. Do you have questions about testing for ketamine or other drugs? Speak to our team about our expert services on 01924 480 272 or email expert@forensictesting.co.uk. Website: Hair Strand Drug & Alcohol Testing for Court Proceedings | FTS7 1 https://www.gov.uk/government/news/ home-office-requests-review-of-ketamineclassification 2 https://www.bbc.co.uk/news/articles/ cy8rxyxvv09o 3 https://www.forensic-testing.co.uk/services/ drug-testing/ 4 https://www.forensic-testing.co.uk/services/ drug-testing/ 5 https://www.forensic-testing.co.uk/news/ latest-news/hair-strand-analysis-instructexpert-opinion/ 6 https://www.forensic-testing.co.uk/about-us/ quality-standards/ 7 https://www.forensic-testing.co.uk/
April What As
Are lawyers numerate? Well, are they? And do they understand business accounts? Some are, and some do – in fact, some are quite brilliant mathematicians - but there are many who don’t, and I will share with you a few examples. First, we have lawyers who have confidence in the accounts filed at Companies House, and when a valuation is needed, in divorce for example, they take a printout of the micro accounts from Companies House, send them to me, and expect me to be able to value the company. This happened so frequently that I felt obliged to write a blog about it, which I called “Companies House Searches Are USELESS”. The blog is here: https://chrismakin. co.uk/companies-house-searches-are-useless/. And I append a note: “This blog is retained on page one for its enduring relevance.” So next time a junior lawyer in the family department sends me such accounts, I have my explanations ready. Chris Makin
Then I turn to Kemp & Kemp The Quantum of Damages, the “bible” for personal injury practitioners. This was a lifetime work for David Kemp QC who, touchingly, included the second Kemp in the title. This was his wife, a very promising young barrister who died tragically young. I wrote for David a chapter on how to quantify loss of earnings for the self-employed and family company director, and David was really pleased with it. It was in print for many years, but then David died and the publishers Sweet & Maxwell appointed a new editorial board, who re-wrote all of volume 1 so that my work was lost. I wrote to them and said how important it was for users of the work to understand business accounts, for example a barrister who was crossexamining an accountant expert witness. The reply I got was that accountants understand accounts, and if interpretation was needed they could always instruct an accountant. I found that unconvincing. And my chapter is still available to you if you drop me a line. It’s in very simple language, but there is lots to learn. Third, I turn to crime, and particularly to drug dealing. As readers will know, those convicted of drug dealing (and some other serious offences) are at risk of having their assets seized by the Crown under the Proceeds of Crime Act. It is said that doing jail time is just the price one pays for profiting from drugs, but that losing one’s wealth really hurts these people. Perhaps so, but the court has to decide on a fair figure, both for the benefit of the crime and the available amount for confiscation. I have just finished a case where the convict pleaded guilty to drug dealing in a minor way, and is now serving time, but his main activity was running a motor repair business and MOT testing station. The prosecution’s expert went through his bank
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accounts, totalled up some £353,000 going through the bank, and concluded both that this was all benefit from drug dealing (it wasn’t; there was even ample evidence of vehicles bought and sold) and that this same sum was the amount available for seizure. That was even more unrealistic; how could money which had come into the business and gone out again still be sitting in a bank waiting for the authorities to collect it? Naïve! My expert report showed that there was £6,336.36 sitting in bank accounts, so that was the available amount. A few days before trial, the prosecution agreed that the available amount was £6,336 – and thirty-six pennies. What a waste of time. If you are still reading, that’s good because we now come to the most interesting bit. Some months ago, I was expert in a criminal trial at Swansea Crown Court. Andrew Ling had been accused of stealing some £165,000 from his own company. After 11 years in the army doing bomb disposal, Andy had set up a business producing a very advanced form of battery; he had even sold 3,000 units to Sainsbury’s for their home delivery vehicles. He fell in with some business angels, who borrowed £700,000 from the Welsh Development Bank, and they regularised the management of the company. Andy admits that his recordkeeping was poor. The other directors – the angels – accused him of fiddling his expenses and taking money from the company without authority, he was investigated, and he was sacked for gross misconduct. After he left, the others didn’t have his technical knowledge and the business failed. Andy was charged with theft, and spent five years on remand. As the trial came up, the prosecution’s expert was an AAT (Association of Accounting Technicians) a very low-scale qualification for those working in the back room of accountants’ offices. She added up all the amounts withdrawn but ignored all the amounts paid in: introduced from private funds, expenses not claimed, and so on. All of this was recorded in the director’s loan account. At the end of the fourth day of the trial in Swansea, I gave evidence and had to explain how a director’s loan account works. And I gained the distinct impression that no-one else in that courtroom – judge, both counsel, the jury – had any idea. I was the last witness. The jury retired, and emerged a few minutes later with a verdict of Not Guilty. Andy’s five years of purgatory was over. There was a long article about this recently in The Times Business Section. I am mentioned only once, as follows:
An expert witness commissioned by the defence helped convince the jury of his innocence, Ling believes. Chris Makin, a forensic accountant, supported Ling’s claims that he had only withdrawn money owed to him. On one calculation, far from stealing from the business, he was in fact still owed £20,000. “Chris was the first person in five years who believed me,” Ling says. This is what makes my job so rewarding, but what a pity the lawyers working on the case didn’t know about directors’ loan accounts years ago! Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations. Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos: www.chrismakin.co.uk chris@chrismakin.co.uk
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Losing a professional membership that underpins your credibility the August 2021 complaint to the ICAEW and the Charity Commission inquiry.
JSC Commercial Bank Privatbank v Igor Valeryevich Kolomoisky & Ors - Find Case Law - The National Archives1 Summary The claimant brought an action against two of its founding shareholders, and companies owned or controlled by them, seeking compensation for harm caused by their alleged participation in a fraudulent scheme. The forensic accounting expert for the first defendant failed to inform the court, until shortly before he gave evidence, that he had ceased to hold a key professional membership. Learning points for experts You should inform the parties and the court if, after your expert report is filed, you cease to be the member of a professional organisation which is relevant to the expert evidence you have provided. Always consider whether you should inform your instructing party following any material change in your qualifications or accreditations. The case The claimant brought an action against two of its founding shareholders, and companies owned or controlled by them, seeking compensation for harm caused by their alleged participation in a fraudulent scheme. One of the areas of for expert evidence was forensic accountancy. We have previously discussed2 the assertion by the judge in this case that Expert Witnesses have a duty to disclose previous criticisms of their evidence in judgments. In this case update, we look at another aspect of the case, the failure of the forensic accounting expert for the first defendant to inform the court, until shortly before he gave evidence, that he had ceased to hold a key professional membership. Forensic accounting evidence The parties were given permission to adduce expert evidence from forensic
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accountants. The claimant instructed Mr T, a Senior Managing Director in FTI Consulting, the first defendant instructed Mr D, the managing director of Honeycomb Forensic Accounting, and the second defendant instructed Mr S, a partner in Alvarez & Marsal Disputes and Investigations LLP. Mr D’s status as a ICAEW member At the time of their reports, all the experts were fellows of the Institute of Chartered Accountants of England and Wales (‘ICAEW’). However, during July 2023, after the trial had commenced, but before Mr D had given evidence, the claimant’s solicitors discovered that Mr D’s status as a member of the ICAEW was now recorded as Ceased with a sub-status recorded as Cessated. They wrote to first defendant’s solicitors drawing attention to the cessation and attaching a copy of the disciplinary record which indicated that Mr D had been subject to a severe reprimand, in respect of which there had been hearing on 8 March 2023. Mr D had not disclosed any of this information to the claimant or the court. Mr D provided an explanation in a witness statement on 29 September 2023, five days before he was due to give evidence, intending to anticipate questions he expected during crossexamination. He disclosed that he had been the subject of two complaints in June and August 2021 in respect of which there had been no disciplinary proceedings. He had, however, been severely reprimanded for failure to provide the ICAEW with responses to those complaints. Mr D also disclosed that the Charity Commission had removed him as trustee of two charities and that those charities had been the subject of statutory enquiries by the Charity Commission. He also gave notice that he would rely on his privilege against self-incrimination to justify his refusal to answer any questions about
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The judge noted that, given the information provided, it was not possible for the court to obtain a full picture of what had occurred or the extent to which these matters might have been relevant to the quality of Mr D’s evidence. However, Mr D did accept during crossexamination that there was no excuse for his failure to provide the information sought by the ICAEW. The judge concluded that: “In my view, where an expert presents his evidence as a member of a professional organisation, which is expected by him to give the court assurance as to his ability to act in the case, he is under a duty to inform the court if his membership has ceased, more particularly where the cessation is linked to disciplinary proceedings against him. [Mr D] accepted in cross-examination that he knew that his presentation as a member of the ICAEW would give the court that assurance, but he had no explanation as to why he did not voluntarily inform the court or the Bank of the fact that he had ceased to be a member with effect from 19 April 2023. The manner in which [Mr D] approached this issue casts real doubt on his ability to be open and straightforward on matters which might affect the court’s assessment of the reliability of his evidence as an independent expert. More particularly it undermined the court’s confidence in his ability to give precedence to his overriding duty to the court when faced with other conflicting interests. It seems to me that this is a particularly significant failing when taken together with the fact that [Mr D] also failed to disclose that he had been the subject of a finding in another case that his opinion was based on wholly unsupported and fanciful assumptions, which ignored the objective facts and undermined his credibility as an independent expert (per Leggatt LJ in Al Nehayan v. Kent [2018] EWHC 333 (Comm) at [195]).”
1 h t t p s : / / c a s e l a w. n a t i o n a l a r c h i v e s . gov.uk/ewhc/ch/2025/1987?quer y= BL-2017-000665 2 https://www.ewi.org.uk/News/howshould-experts-disclose-criticismswhen-they-are-frequently-unaware-ofthe-outcome-of-the-case
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19th century wills law not fit for the future major change occurs. That eases the probate process for loved ones and beneficiaries. The current wills law passed in 1837, and many find that outdated laws undermine their wishes and do not reflect today’s digital society or the modern reality of family systems.
Mark Evans As March marks Free Wills Month, the Law Society of England and Wales urges the UK government to modernise wills legislation or risk leaving many people’s final wishes unprotected and beneficiaries unable to access justice*. It is recommended that people update their will every five years or when a
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To reflect current public attitudes, the government should seize the opportunity to introduce necessary reforms on wills following the Law Commission’s report: Modernising Wills Law**. Law Society president, Mark Evans, said: “Although the law on wills has barely changed in almost 190 years, modern life has. People still cannot make a legally recognised electronic will, and the law needs to reflect modern understandings of capacity, including conditions like dementia.
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“We support proposals for courts to recognise taking a person’s intentions into account when looking at their will. This helps to level the playing field and may encourage more people to draft a will, even if the legal details in making a valid will were not entirely followed. “We stand ready to work with the government to discuss and implement the Law Commission’s recommendations and bring wills firmly into the 21st century.”
*Learn more about Free Wills Month: https://freewillsmonth.org.uk **Read more about the Law Commission’s review on the laws on wills. The review was published on 16 May 2025: https://lawcom.gov.uk/project/wills/
Book Review LEGAL KNOWLEDGE IN ORGANIZATIONS A Source of Strategic and Competitive Advantage By Robert C. Bird University of Connecticut ISBN: 978 1 00959 669 5 Cambridge University Press www.cambridge.org
vary somewhat, depending on the nature of the business and/or a variety of other relevant factors, ranging from the nature of the company’s products and services, its business base, its large markets, its marketing decisions, the quality of its human resources and of course much more, including the state of the economy in which it operates. But then, another factor inevitably comes into play - quite often ignored by a substantial number of corporate entities. Namely, it is the presence, or absence of legal knowledge — hence the title of this carefully researched and authoritative text by professor of business law, Robert C. Bird, published recently by the Cambridge University Press.
NEW - FROM THE CAMBRIDGE UNIVERSITY PRESS A UNIQUE PERSPECTIVE ON THE VITAL RELATIONSHIP BETWEEN BUSINESS AND THE LAW Does a sophisticated grasp of legal knowledge and astuteness really count in the corporate sphere? Does it raise productivity? Does it boost profit? The answers to these questions will
An acknowledged expert in this field, Professor Bird asserts that legal awareness adds value to an organisation in all relevant directions — a view supported by the quality and quantity of his research which supplies convincing evidence of the relevance and accuracy of his conclusions. Legal awareness, he argues, does offer a particular advantage in fiercely competitive business environments. Nonetheless, in predictable and practical terms, he cites numerous examples of certain businesses and corporate entities (not named) where top management might not entirely agree that legal knowledge or awareness is important. It is not uncommon that some, or all levels of management in certain companies, will likely see no specific disadvantage
in evading the law, ignoring the law, or breaking the law outright. In such cases, however, there is always the possibility and the hope, that change may be encouraged on the advice of all those experienced and qualified legal experts out there, who can advise and hopefully convince — that executives in such organisations should and possibly will, support change whenever necessary, even in cases where there is a persistent tendency to avoid it. And focusing on the phenomenon of ‘avoidance,’ there are varied and detailed suggestions that are offered in this text as to how this can be done. And further emphasising the topic of avoidance, (i.e. avoiding difficult issues in the hope that they’ll go away) the book identifies certain ‘pathways’ of legal strategy from which to choose, ranging of course, from ‘avoidance’ (of serious issues) to ‘transformation,’ with the insistence that change for the better leads to better business. For large and small businesses, from start-ups to huge corporations - - this book offers an unusual and indeed an almost unique perspective of the often symbiotic and certainly vital relationship between business and the law. For all levels of management, especially top management, this book, with its unique insights, will certainly be regarded as an essential purchase. The date of this publication from CUP is cited as 2025.
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”
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Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB)
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Summary The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.
The expert evidence Mr T provided expert evidence for the Claimant and Professor P for the Defendant. Both experts retired from clinical practice prior to the date of the surgery. Counsel for the Claimant conceded that Mr T’s level of expertise in terms of the live issues in this case was limited given how few haemorrhoidectomies he had ever carried out, and how few patients he had seen with grade 3 or 4 haemorrhoids.
Learning points
The evidence of Mr T Mr T is a retired general and colorectal surgeon with over 25 years’ experience in a District General Hospital. In crossexamination, he said that by the 1990’s he was working almost exclusively as a colorectal surgeon, mainly cancer but also haemorrhoids. However, he said he had not done many haemorrhoidectomies and had never done a ligature haemorrhoidectomy. From 2009 he was doing very little operating on haemorrhoids and none after 2010. He agreed that it was “a reasonable point” that it was difficult for him to identify the standard of a reasonably competent haemorrhoid surgeon in 2019.
Leaning points for experts • Expert witnesses are under a duty to assess the arguments of both sides and weigh them up fairly. It may damage or even be fatal to your evidence if you do not engage with the arguments of the opposing side. • You risk losing credibility if you refuse to admit when you have changed your opinion or make reasonable concessions when you have been shown to have been wrong. Learning points for instructing parties • Ensure that the experts you instruct in a clinical negligence case have sufficient expertise and recent experience to identify the standard of a reasonably competent practitioner at the time of the index events. The case The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The original allegations of negligence in respect of the conduct of the surgery were discontinued after the joint statement, but the Claimant continued to the allege that the Defendant acting negligently in: (i) grading her haemorrhoids, (ii) failing to discuss non-surgical options, and (iii) failing to adequately explain the risk and benefits of the surgery (a ligature haemorrhoidectomy). Haemorrhoids are graded in severity from Grade 1, small swellings on the inside lining of the anus, to Grade 4, haemorrhoids which permanently hang down from within the anus and cannot be pushed back inside.
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The judge reached the conclusion that Mr T’s evidence was based on limited experience or expertise. During cross-examination, it emerged that in several instances he had not acted in accordance with his duties as an expert under CPR Part 35 and the Practice Direction to Part 35. These included: • Referring in his witness statement dated 21 July 2021 to his having read the Claimant’s and Defendant’s witness evidence when this was only served in April 2024. • Although he accepted that he was under a duty to assess the arguments of both sides and weigh them up fairly, neither his expert report, nor his subsequent report, made any reference to the Defendant’s case and he had not analysed the Defendant’s case. • Asserting, without any evidence to support it, that the Defendant had graded the haemorrhoids based on their size alone, rather than by using the Grade 1-4 grading system which was consistent with the practice of
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•
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a responsible body of Consultant Colorectal Surgeons. Denying that he had changed his opinion despite stating in his first report that in his opinion the Claimant’s haemorrhoids were Grade 1 and in the Joint Statement that it was likely that the Claimant had Grade 1-2 piles. It was also clear in his report that he wrongly thought the fissure was not healed and therefore needing treating before changing his opinion in the Joint Statement which noted that “as the fissure is healed it needed no active treatment at that time”. Despite this Mr T denied he had changed his opinion. The judge found it concerning that Mr T was unable to make this reasonable concession and admit that he was wrong.
The evidence of Professor P Until his retirement Professor P was a fulltime colorectal surgeon at the National Bowel Hospital where he undertook a combination of complex and anorectal work. He also ran several clinical trials relating to haemorrhoids in which he did all the surgery. He was made an Honorary Professor of Colorectal Surgery by Imperial College London in 2000. He is the author of 9 recent textbooks in colorectal surgery and has contributed to 300 original articles and 59 book chapters. The Joint Statement listed twelve publications by Professor P on haemorrhoids, including diagnosis and treatment, haemorrhoidectomy and evidence-based practice. The judge noted that “[Professor P] has extensive experience of diagnosing, grading and treating haemorrhoids and of undertaking haemorrhoidectomies. I found him to be a forthright, straightforward witness who gave direct answers to questions and made concessions where appropriate (as set out in the body of this judgment below). In my judgment his evidence is reliable, objective and unbiased and I therefore consider it appropriate to place considerable reliance on it. I prefer his evidence in all respects to the evidence of Mr T save where he and Mr T agree.”
https://caselaw.nationalarchives.gov.uk/ ewhc/kb/2025/2025?query=tosh+gupta
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https://www.listening-books.org.uk/ help-us/donations/leave-a-legacy
It may not be the claim you expect that creates the greatest disruption Many law firms assume their primary exposure is a professional negligence claim. In practice, some of the most financially disruptive events in the legal sector arise from operational, cyber or governance issues rather than incorrect legal advice. Examples seen across the market include: • Ransomware incidents disrupting access to case files • Diverted client payments that cannot be recovered • Employee disputes escalating into reputational exposure • Regulatory enquiries following data breaches Depending on the firm’s size, controls and client profile, the operational and financial impact of such events can be significant. The risk landscape has evolved Law firms remain attractive targets due to: • The volume of sensitive data held • Control of client funds • Time-pressured transactions Cyber crime and payment diversion fraud continue to increase in sophistication. Regulatory expectations regarding governance, oversight and operational resilience are also developing. Many firms continue to assess risk primarily through professional indemnity insurance, with less structured consideration of business interruption, fraud exposure and regulatory scrutiny. A serious cyber incident may involve: • Lost billable time • Delayed transactions • Client dissatisfaction • Regulatory notification requirements • Reputational impact • Increased scrutiny from senior leadership or regulators The financial impact will vary by firm but is rarely confined to technical remediation costs alone. Interconnected risk Modern risk events often have multiple consequences. For example: • A cyber incident may lead to business interruption • Business interruption may give rise to client complaints or claims • Client issues may prompt regulatory engagement
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Payment diversion fraud can also raise questions regarding internal controls, supervision and governance. Employee disputes may extend beyond internal HR management and affect reputation or leadership oversight. Risk exposures are frequently interconnected, even if reviewed separately within firms. Governance expectations continue to develop When incidents occur, common questions may include: • Were appropriate controls in place? • Was the risk identified and assessed? • Were reporting obligations understood? • Was oversight proportionate? Directors, COLPs and senior managers operate in an environment of increasing regulatory scrutiny. In certain circumstances, regulatory review may extend to senior leadership, depending on the facts.
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impact considerations Governance and oversight themes Areas where preventative controls may be strengthened
The review is provided without obligation and does not constitute regulated legal, insurance or investment advice. Proactive assessment supports resilience Risk management is increasingly a boardlevel matter rather than solely an insurance renewal discussion. Firms that periodically assess operational, cyber and governance exposure may be better positioned to protect revenue, reputation and leadership. Reliance on historic experience alone may not provide full visibility of emerging risk factors. Request your complimentary cyber and risk management review Scan the QR code to submit your details:
This does not imply personal liability is automatic. It does reflect evolving governance expectations. Assumptions are not controls Many firms rely on reasonable assumptions: • “Our systems are adequate.” • “Our staff would identify suspicious activity.” • “We have not experienced issues previously.” While past experience may be positive, historic absence of incidents does not in itself constitute a control measure. The key issue is whether operational, cyber and governance risks have been assessed in structured financial and commercial terms. A structured review of risk exposure Regulated Risks offers a complimentary cyber and risk management review for law firms. The review: • Analyses publicly available information relating to the firm • Draws on anonymised, aggregated industry claims data • Highlights common exposure areas observed across comparable practices It provides a commercial overview of: • Exposure to cyber incidents, fraud and business interruption • Potential operational and financial
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Or visit: https://www.regulatedrisks.co.uk/freecyber-and-risk-management-review/ Regulated Risks is a trading name of Peacock Insurance Services Limited which is authorised and regulated by the Financial Conduct Authority and is entered on the Financial Services Register (https://register.fca.org.uk/s/) under reference 603863. Please note: the FCA regulate insurance products. They do not regulate the other services we provide. This communication is for information purposes only. The review is based on publicly available information and aggregated industry data and does not guarantee prevention of loss or regulatory action.