myCILEx

Welcome to myCILEx

CILEx’s exclusive members area

myCILEx provides you with information on the work CILEx is doing on behalf of its members.
For the latest branch events in your area, visit: www.cilexbranches.org.uk

Charity, hearts and minds, and values

CILEx CEO, Mandie Lavin, writes:

Having recently served on the board of a charitable fundraising event, I have had cause to reflect on the motivations and drivers for charitable giving and the real benefits that can result. Many of our CILEx members, students and the wider CILEx family contribute to a range of charitable activities, and raise money for many worthy causes. As an organisation, we have supported a range of local and national charities. The CILEx Benevolent Fund is also available for our members who need support through some of life’s more difficult moments (see page 39 of this issue).

Our daily news features images of migrants suffering from the ravages of war and deprivation, at risk of disease and exploitation, and living in conditions of extreme poverty. We know that Britain is a very generous country, and the Charities Aid Foundation’s (CAF’s ) annual UK Giving survey shows how donations are spread across many different causes. Charitable giving evokes passionate responses and emotions.

Almost everyone has a specific type of charity that they are keen to support, and even in times of austerity it seems that the British public always finds time and resources to devote to charity. Some will commit to causes, such as international development or the arts, and others are focused specifically on ensuring basic human rights; preserving access to justice; or enabling the most disadvantaged to understand the complexities of the benefits system.

Many CILEx members that I have met since joining the organisation have spoken of life-changing experiences which have sparked their commitment to giving: some have travelled overseas and seen the hardships of the developing world first-hand ; others have suffered loss in their family or battled with specific health conditions.

When I have met some of the most generous givers in our membership, what emerges as consistent themes are the sense of duty and wanting to tackle inequality: the desire to use their own good fortune to help others. Most people want to give because it seems like a responsible thing to do, a feeling very much bound up in individual values and personal codes of morality and integrity.

Research suggests that personal values, ethics and morals stand head and shoulders above other considerations. CAF’s 2013 Why we give study, in surveying the general public, found that 75% said that their ‘belief in a specific cause’ was an important motivator for their giving. Only slightly fewer (71%) pointed to their faith, something that echoes CAF’s UK Giving research, which shows that giving to religious and faith-based causes has attracted the highest average donation in terms of total monetary value in the past three years of the survey.

Sixty-one per cent of donors pointed to a personal experience as having driven their giving, while 53% said that their support comes from the belief that charities cannot do enough alone. Just 38% thought that leaving a positive legacy was a key driver for their giving. And only 25% thought that relationships they had forged through their giving were a motivator.

Lawyers have a key part to play in advising charities, enabling pro bono provision and supporting charitable giving through sound governance, ethics and reporting. As we go about our daily work, perhaps we should ask: ‘Is there more that I could do?’

Could the CILEx Benevolent Fund help you?

Simon Wells, lay trustee and vice-president of the CILEx Benevolent Fund, writes:

In the last issue of CILEx Journal, we began a new series of articles about the CILEx Benevolent Fund (( 2016) CILExJ April p37). This month, we are going to look at the kind of people we help. And the answer is simple – people who are probably a lot like you.

They are male or female; all kinds of ages; live in all kinds of different places; are at various stages of their career; have kids or do not have kids; are in a relationship or are single; and come from all kinds of ethnic backgrounds. What they have in common is that they are - or were - CILEx members and they have encountered some kind of financial trouble.

Why have they found themselves in that situation? For all the reasons that you would expect: they or someone close to them are ill; divorce; separation; death of a spouse or partner; or even just sudden and massive unexpected bills. These are issues that can affect anyone.

How do we help?

Well, when someone approaches us, we have a process that asks for some basic financial information and then, at our monthly trustees meeting, we consider the application. In all honesty, it is a long way from being a scientific process. There are no hard and fast rules about who we do and do not help. Frequently, it is not a simple ‘yes’ or ‘no’ case, and often we end up asking the applicant for more information.

However, we look for cases where it is clear that the financial assistance we provide will go some way towards genuinely improving the situation of the person involved. One important point to bear in mind is that we never just hand over money; instead, we always pay directly to a creditor or service provider.

So, as some recent examples, we have paid for a new boiler for someone whose central heating and hot water had failed; for car repairs enabling a member to continue to go to work; for roof repairs, a stair lift and a walk-in bath for respective pensioner members; and contributed towards payment of outstanding utility bills and council tax: all for people who found themselves in strained financial circumstances.

If there is one message that we would like you to take from these instances, it is that we help people in all kinds of circumstances. If you find yourself in a difficult financial situation, we may be able to provide assistance to you.

And, even in cases where we are unable to help, we are often able to provide guidance on other sources of assistance or simply advice that may help applicants to improve their situation. If you have any questions about making an application, or would like to make one – or have any other comments – please get in touch.

I took part in Agile Nation 1 and I haven’t looked back!

Eve Woolhouse BA (Hons) FCILEx and conveyancing manager at Hughes Jenkins Solicitors, in Cardiff, writes:

I am a Fellow of CILEx specialising in property, which is an extremely busy and fast-moving area. I attended the accredited learning part of the Agile Nation 1 programme once a week, which was in a classroom-style setting near to where I lived. I met 13 other like-minded women from a wide range of backgrounds, and really felt at ease as these women - like me - wanted to achieve more in their careers. It was fascinating to share our experiences of working in a team, and developing our leadership skills based on reallife situations. This really helped me to evaluate my own role and how I problem solve, communicate and manage myself in various situations. The course involved discussions, group work and assignments: it was a lot of work, but so worth it!

At the time of enrolling onto the course, I was working for a housing association and my ‘team’ consisted of just me! However, my role involved working across all areas of the association, and the course really helped me to communicate and present myself better – as well as boost my confidence in my professional life.

Shortly after completing the course, I applied for a new role in a private practice. I was immediately asked to mentor a training team of five budding lawyers! Had I not participated in Agile Nation, I would not have known where to start! Setting up training plans, developing the team and running my own caseload meant that I needed to draw on every skill learned at Agile Nation. In my current role, which I have been in for around 18 months, I manage a small team and am mentoring another lawyer.

This course changed my professional life for the better: I am a different person! My confidence and assertiveness has grown, as well as being able to manage situations in a more qualified way. My career has had a boost because of Agile Nation, and for that alone I would highly recommend this course to any woman of any age in the workplace.

Suzy Cook, engagement partner at Chwarae Teg, writes:

The new Agile Nation 2 programme from Chwarae Teg helps to improve the position of women in the workforce across the nine priority sectors in Wales (including financial and professional services). Participants are fully funded by the European Social Fund and the Welsh Government.

Women continue to be underrepresented at managerial level in these sectors, so the programme helps participants to gain the skills, confidence and knowledge to progress their career journeys effectively in three stages:

So, what could it do for you? The programme could give you increased confidence in your career potential; enthusiasm to make the move into your first managerial or supervisory role; and the motivation to keep progressing on your career journey.

Update on conveyancing and Reference Group activity

Mike Bowen FCILEx, a conveyancing lawyer and a co-opted council member, writes:

As any conveyancer knows, there has been a lot going on in conveyancing: stamp duty land tax changes; a consultation on Land Registry privatisation from the Department for Business, Innovation and Skills; and consultations on the whole process of exit fees on elderly homes and on the Land Registration Act 2002 from the Law Commission (see pages 20, 24 and 33 of this issue). CILEx has or is responding to all of these discussions and, where possible, we have surveyed you - our members - via the Conveyancing Reference Group.

We have also done a survey on the Land Registry Property Alert service. Land Registry was most appreciative of the results, and will be working on highlighting the scheme. We will also be working closely with Land Registry on other matters, and indeed Andrew Robertson, head of customer policy and handling at Land Registry, has contributed an excellent article on Form A restrictions (see page 22 of this issue).

Recently, we met with Land Registry to discuss the Local Land Charges project. A pilot is planned for November 2017, and Land Registry is, at the moment, concentrating on getting data from councils onto the database correctly. At a later date, Land Registry will engage with CILEx about our members use of the system and will, from time to time, update us on their progress via e-shots or the Journal.

Also, we will be meeting members of the Drainage and Water Searches Network to discuss changes to CON29DW and when the next tranche of adoptions may take place.

If you would like to join the Reference Group, please contact Maria Seale at CILEx.* We want to consult you on changes that can affect you, and we want your input. CILEx may not succeed in getting changes in policy, but we will make your voice heard.

* E-mail : mseale@cilex.org.uk

Walk to support access to justice!

A message from Lord Dyson, Master of the Rolls, patron of London Legal Support Trust to everyone at CILEx about the London Legal Walk:

The London Legal Walk is an extremely important event that raises hundreds of thousands of pounds to support free legal advice charities in London

and the South East. This year’s walk is ‘after work’ on Monday 16 May.

Teams in the walk come from law firms, chambers, in-house legal teams, law schools and the judiciary. Walkers include lawyers, staff, friends and even clients. I will be walking with the Lord Chief Justice in a large team of judges and staff from the Royal Courts of Justice.

The walk is a pleasant 10km from Carey Street, behind the Royal Courts of Justice, up to the parks as far as the Serpentine Bridge and back again. It also has a fun street party at the end in Carey Street. Jogeeta Tura is very kindly organising a team from CILEx. May I urge you to join the team by contacting Jogeeta at: jtura@cilex.org.uk

But the aim is to raise funds for free legal charities, and so may I also urge you to raise as much sponsorship as you can for this great cause if you are coming. If you can’t make it for any reason, please do sponsor your friends and colleagues at: http://uk.virginmoneygiving.com/team/CILEX2016

I look forward to seeing as many of you as possible on 16 May.

The five certainties in local government

CILEx president, David Edwards, writes:

There are - so it is said - only two certainties in life: death and taxes. In a local authority legal department there are, in my experience, three more certainties: reorganisation; member reversals; and Gypsy incursions.

For as long as I have been in local government, which is over 33 years, I have faced constant reorganisation. Back when I worked for Barnet London Borough Council, the old Greater London Council was abolished. Those who work in London will tell you that this was, much later, replaced with the Greater London Assembly and an elected mayor. There are local elections soon: another certainty!

Many years ago, during the long years of Conservative administration in the 1990s, we faced compulsory competitive tendering. In the end, the legal section I worked for was so small that we were de minimis and ducked under the threshold. However, in reality, the government’s policy probably brought a more commercial approach into local authority legal departments. We could show, as we have always consistently shown, that we can provide in-house legal services more cheaply than in the private sector.

Over time, many councils have reorganised into merged unitary authorities carrying all the statutory local authority responsibilities. The authority I work for, however, has remained a small, shire district in a two-tier system, with the county council taking overall responsibility for education, social services, highways, mineral extraction and waste disposal.

In more recent years, we have had shared services, with local authority legal departments combining to provide a legal service to a number of authorities. We have had bigger county authorities, famously Essex, Kent and Norfolk, providing legal services to smaller authorities.

Interestingly, as my local government career has progressed lawyers, in general, have been pushed further down the hierarchy. I am old enough to remember the old town clerk, who was a lawyer and the head of the paid service. We have been alternative business structures (ABS) for a long time, and this may be a lesson to all lawyers seeking to become involved in an ABS.

As for member reversals, I have - for nearly 30 years - served as a legal officer on a planning committee. In determining planning applications, the committee must take into account the provisions of the development plan and all material considerations (see Town and Country Planning Act (TCPA) 1990 s70). If a planning application is refused, the applicant has a right of appeal to the secretary of state (usually an inspector appointed by the Planning Inspectorate) under TCPA s78. Often, members overturn officer recommendations to refuse and grant permission. Council decisions can be judicially reviewed in the event of illegality, procedural impropriety or irrationality, and have been on occasion. If members refuse a planning application contrary to officer advice and the reasons for refusal are unreasonable, then on appeal the council can be at risk as to costs. Sometimes, costs are awarded against the authority following member reversals. Occasionally, costs are awarded against the authority due to officer recommendations, delay or errors. Sometimes, member overturns succeed and the inspector agrees with the members’ reasons for refusal, much to officers’ surprise. It might be volatile and uncertain regarding how things may turn out on appeal, but it is never predictable.

As for Gypsy incursions, where do I begin and what can I say? Many years ago, Gypsies used to squat on other people’s land and councils had to bring legal proceedings to evict them. Councils that had achieved designation by having sufficient Gypsy sites were given special powers. All that changed with the Criminal Justice and Public Order Act (CJPOA) 1994, which swept away designation and gave local authorities powers to remove Travellers by seeking an order in the magistrates’ court under CJPOA ss77, 78 and 79. There were seasonal incursions, usually in the summer months, when the grass was firm and caravans could be easily driven on and off land. Councils learnt to ditch and bank open spaces and to put up height and width restrictions on vulnerable parking spots, particularly hardstandings, which were popular for winter incursions.

A more recent trend, following the implementation of the Human Rights Act 1998, has been for Gypsies to buy land at agricultural prices and then run into problems with not having first obtained planning permission. Many authorities were involved in protracted legal proceedings, usually injunctive proceedings under TCPA s187B. There were many lengthy public inquiries considering the planning merits of granting permission. Many authorities did not make adequate provision for Gypsy sites in their local plan as required by government advice. As a result, because many local authorities failed to meet the needs of Gypsies within their area by providing sites, many of the unauthorised sites eventually became authorised.

As for Gypsies themselves, I know of Gypsies of Irish descent who have lived in Hertfordshire all their lives. They still speak with broad Irish accents because the Gypsy community is not as integrated as we might wish into the settled community in which most of us live. It is a patriarchal society, where many still struggle with literacy, which is a barrier to integration. ‘An aversion to bricks and mortar’ and a desire to live in a caravan is a way of life that is different to most of us, but still one we should respect. The courts have consistently acknowledged that Gypsies have human rights, though this often clashes with the planning regime.

To conclude, I guess that people like certainty, and there are probably more instances that we can all think of. With all those apparent certainties come many unpredictable consequences and challenges which we, as CILEX lawyers, are equipped to face every day. 

Member profile The law of attempt analysed