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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
Policy round-up
Simon Garrod, CILEx director of policy and governance, writes:
HMCTS modernisation
CILEx welcomes the decision by HM Courts and Tribunals Service (HMCTS) to delay plans to carry out Flexible Operating Hours pilot programmes in England and Wales to first establish a clearer evidence base.
In a blog post, Susan Acland-Hood, HMCTS chief executive, explained that despite being ‘a small part of [HMCTS’s] overall reform programme to build a justice system that is fair, straightforward and accessible to all…the issue has been too controversial with many in the legal profession’ (see ‘We're pausing court hours pilots to get evaluation and other changes right’, 21 September 2017, available at: https://goo.gl/AAegZ1, and see (2017) August, September and October CILExJ pp22–23 and p37; p39; and p44 respectively). The Flexible Operating Hours pilots are now expected to be delayed until February 2018.
If you were due to take part in any of the pilot programmes, or wish to offer your views on the proposals to introduce flexible operating hours to courts and tribunals, CILEx would like to hear from you. Please e-mail: courtusers@cilex.org.uk
The Bach Commission on Access to Justice published its final report recommending a statutory right to justice, reforms to legal aid, and better public legal education (see ‘Policy round-up’ (2017) September CILExJ p39).
In response, CILEx President, Millicent Grant, said that although not all our recommendations feature: ‘[i]t is refreshing to read the Bach Commission’s final report, showing the ambitious thinking needed to halt the decline in access to justice, and putting forward proposals to turn the situation around’. She also emphasised the important contribution Chartered Legal Executives (CLE) make to a diverse legal market, and once again called ‘for the removal of the glass ceiling that prevents experienced [CLE] lawyers applying for senior judicial roles’.
- The right to justice: the final report of the Bach Commission, September 2017, available at: http://tinyurl.com/yb26cpqt
Education policy
The Conservative party’s plans to introduce significant education reform were bolstered by Theresa May, who stressed the need for change in further education and technical education. This, the prime minister highlighted, could be aided through a new ‘gold standard’ of T-Level technical qualifications and Institutes for Technology.
The Labour party similarly provided additional substance to its National Education Service, Labour’s umbrella term for the raft of reforms, including increases in school funding, free adult education, the return of education maintenance allowance for 16 to 19 year olds, and a promise to ‘invest a billion pounds into a further education service to deliver T-levels that are a true gold standard’.
Divorce procedures
Following on from the Labour party’s 2017 election manifesto promise to introduce a no-fault divorce produce in order to ‘circumnavigate some of the stress associated with ending a marriage’, Conservative party conference attendees heard from divorce lawyer Ayesha Vardag, who wants to change the current laws surrounding no-fault divorces.
Although current laws allow for one member of a couple, or both, to apply for a no-blame divorce after being separated for two years and five years respectively, Ayesha Vardag called for greater efforts to be made to make no-fault divorces more easily accessible for couples seeking separation.
Brexit
While the Labour party decided not to debate or vote on their Brexit policy, despite the issue being at the forefront
of discussions during the first day of the conference, the Conservative party discussion on Brexit did not focus on the nature of the UK and European Court of Justice legal jurisdictions following Brexit. Theresa May reiterated her Florence speech that existing EU law would apply to the UK during the two-year transition period; however, she did not say whether the UK would accept any changes to EU law introduced during this period.
Court fees
Dominic Raab the justice minister maintained, at a fringe event, that the decision to introduce court charges was the right decision despite the Supreme Court ordering the government to scrap employment tribunal fees (R (UNISON) v Lord Chancellor [2017] UKSC 51).
Meanwhile, Lord Chancellor and Secretary of State David Lidington faced criticism following his conference speech, which, arguably, saw too little focus placed on Brexit, legal aid, and access to justice.
‘Making a will’ survey
The Law Commission is currently seeking views on how best to update laws surrounding wills including; supported will making, the possibilities of electronic wills, and judicial power to dispense with formality requirements (see (2017) September and October CILExJ pp16–17; and p44 respectively).
A survey has been sent to members of the CILEx Private Client Specialist Reference Group (SRG) to inform our response to the Law Commission’s consultation.
If you would like to provide your views on wills reform, please e-mail us at: privateclient@cilex.org.uk. We kindly ask that you provide us with your views before 5 November 2017.
Details of the Private Client SRG, and all our other active groups and how you can join them, are available at: www.cilex.org.uk/membership/specialist_reference_groups, or alternatively search for ‘CILEx specialist reference groups.
The CILEx Pro Bono Award recognises the dedication and commitment of an outstanding individual who, in addition to their daily work, has contributed to the community through giving their time without charge to help others by providing work of a legal nature.
The winner, Chartered Legal Executive Nazmin Akthar, is a trustee of the Muslim Women's Network UK (MWNUK). The charity works towards promoting equality for and social inclusion of Muslim women. The impact of Nazmin’s pro-bono work has been felt both internally and externally: she has helped MWNUK grow as an organisation, helped distressed service users, and also helped make changes in wider society.
Nazmin said: ‘It is an absolute honour to be recognised in this way. I would like to thank CILEx for encouraging all us members to contribute to the wider society through pro bono activities - our potential to make a difference is truly unlimited and it's great to have CILEx supporting us to do so. Charities like Muslim Women's Network UK deal with some of the most vulnerable people in society and I hope other members of our legal community will join me in providing assistance to the likes of them.’ Nazmin’s prize money is being donating to the charity of her choice, ie, MWNUK.
National Pro Bono Week (NPBW) is sponsored by the Law Society, the Bar Council and CILEx, which this year takes place across England and Wales from 6 to 11 November 2017 (see ‘To Pro Bono Week and beyond’ below). This year’s theme is ‘Health and Education’.
On 6 November, Joshua Rozenberg will launch NPBW by interviewing the panellists regarding their thoughts on pro bono as well as how pro bono advice can help support health and education. The panellists are Professor Dame Hazel Genn; Mr Justice Knowles CBE; Raymond Sheehy, chief executive officer at Bridge; and Yasmin Waljee OBE international pro bono director at Hogan Lovells. The panel discussion will take place at Hogan Lovells, Atlantic House, Holborn Viaduct, London EC1A 2FG from 6 pm to 8 pm. To register, visit: http://tinyurl.com/y7oqo8yl
Public legal education events will also run throughout the week across the country in selected schools, homeless shelters and local community groups. You can find further details about planned NPBW events, and pro bono events throughout the year, at: www.nationalprobonocentre.org.uk/event-calendar
Get ready for the General Data Protection Regulation
Sharon Cooper, CILEx’s corporate compliance manager, writes about the biggest shake-up of European data protection law in over 20 years, which will take effect from 25 May 2018.
On a wet and windy day in February, I attended a Professional Associations Research Network (PARN) Regulation Special Interest Group meeting. PARN is a not for profit membership organisation for professional bodies, offering expertise, experience and perspective on key issues in the sector. One of the themes of the day was to look at the EU General Data Protection Regulation (GDPR), which comes into effect in May 2018.
GDPR takes the existing Data Protection Act (DPA) 1998 principles to the next level and will enforce heavy fines on any non-compliant organisation. On 13 September 2017, the government introduced the Data Protection Bill. If enacted, the bill will repeal and replace the DPA and supplement the GDPR.
The existing DPA and the new EU regulation are all about data privacy and the rights of the individual. The key changes are summarised below for your information:
- A data protection officer must be appointed if your organisation processes client/customer data; however, this does not need to be a dedicated role and in many cases the role can be taken by the risk/ compliance officer.
- Data protection impact assessments become mandatory for data processors before data collection in ‘certain situations’. As yet, the ‘certain situations’ aspect has not been defined by the Information Commissioner’s Office (ICO).
- Data processors will become accountable for breaches to data that is managed by a third party if they have not shown due diligence in appointing and managing the third party.
- ‘Privacy by default’ requires data controllers to implement appropriate measures to ensure that only necessary personal data is processed. As with the existing DPA principles, the term ‘appropriate’ has not been defined and is open to interpretation.
- Data portability means that, on request from the ICO, relevant data should be provided to it in an easily accessible (but secure!) format.
- Data breaches must be notified to the ICO within 72 hours of discovery. However, the GDPR does not define what level of breach should be notified to the ICO.
Here at CILEx, we are checking that our processes are robust enough to limit breaches occurring.
- Appropriate policies, procedures and systems considering privacy must be in place for existing systems, and considered at the outset for future product or process development.
- The ‘right to be forgotten’ requires controllers completely to remove data if the data subject withdraws their consent, and when data is no longer necessary for the purpose for which it was collected.
Under the existing DPA, the maximum potential fine was set at £500,000, although as yet this has not been enforced. In September 2017, the value of fines issued for DPA-related offences totalled £740,000.
Readers should note that the GDPR will change the amount and way in which fines are issued. There will be a two-tier system, with the highest tier fines sealed, initially, at a maximum of €20,000,000 or up to 4% of the total worldwide annual turnover of the preceding year, whichever is higher! It is important, therefore, that all businesses get their compliance right.
What you can do to ensure that you are ready to comply with the GDPR
Here at CILEx, we are asking each team the following questions:
- Who is responsible for data protection/ data privacy in your area?
- Is your DPA policy and your privacy assessment statements up to date?
- What systems do you use and what data do you collect?
- Why do you collect the data?
- How do you store the data, is it secure and how often do you check that it is still required?
- When obtaining information from clients/customers, do you let them know how you will use their information?
- Are team members trained in DPA principles and reminded regularly of the principles?
- Who deals with subject access requests, and have they been dealt with in accordance with the DPA?
- Do you share data with a third party, and if so how do they comply with the DPA?
The answers to the above questions will provide the basis for a plan of action. You may wish to adopt this approach in your organisation to ensure that you are well on the way to complying with the GDPR. I wish you good luck! Although this article gives an overview of some of the changes to the DPA, it is not comprehensive. Readers must seek clarification from the ICO regarding their own organisational requirements.
One FCILEx goes Bargain Hunting!
Caitlyn Allan FCILEx came to the attention of the Journal during her appearance on popular BBC1 TV programme ‘Bargain Hunt’. Here, Caitlyn describes her experiences on the show:
It started with a bet! My 2015 annual Christmas letter had been heavily criticised by my girlfriends, who would not accept my argument that: ‘You can’t make a silk purse out of a sow’s ear’, and ordered that I do something interesting. So, I travelled home to South Wales, from my friend’s Oxfordshire homestead, with a flea in my ear, a big birthday looming, and a promise to do something exciting in 2016.
Therefore, in February when the dulcet tones of Tim Wonnacott (the then presenter) uttered the words: ‘If you think you can do better …’ followed by: ‘We’re looking for people in South Wales’, I took my lunch to my shed and applied for myself and my husband, Steve, to be on the show.
I currently work from home in a shed at the bottom of the garden: not one of your fancy-pancy, purpose-built, extra-living-space, office-type sheds, but a cornered area of the garage in between the wood pile and lawn mower. Working from home has its advantages, especially when one takes into account the fact that I have two children and considers the demands such little angels make. I had, until 2014, been in practice in the family department of a firm of solicitors five miles away and - more often than not - appointments would overrun, and my children would be the last ones sat on the mat at school while I ran across the yard to a chorus of tutting teachers, or my mother would receive a manic call from me from court because a case had overrun.
The irony of my situation was not lost on me: the professional me was, day in, day out, resolving client’s family situations, while my own life was balanced in favour of work and to the detriment of my children.
Fortunately, I have transferable skills, I am a Fellow of CILEx after all, and with the never-ending cuts in public funding, shrinking family departments and ever-demanding clients, I thought it best to jump ship and move into costs drafting. I became a consultant costs draftsman with a firm in Monmouth, and have finally managed to achieve a work-life balance. Being self-employed is especially helpful when you decide to apply to be on a BBC day-time show!
The application submitted passed the first-stage interview process, and I received confirmation that we would be contacted for a telephone interview. With the second stage completed, we were invited to a TV interview to see how we performed in front of a camera.
We arrived at a hotel in Swansea, swamped by a sea of other would-be TV stars. We left the day believing that was the end of our Bargain Hunt experience: we had argued over the price of a vase, didn’t read the rules, completed the wrong task, and talked over each other in the interview. It was a complete surprise, therefore, to be contacted a couple days later, and invited to attend Jacob’s Emporium in Cardiff to record a show! This was it: we were going to be TV stars and my Christmas letter 2016 was going to be the best ever!
Weeks were spent choosing which clothes I would wear, getting a new haircut, and generally making myself look presentable, whereas the husband woke up in the morning, shaved and threw on the first clean shirt he could find. We arrived at Jacobs, met our lovely ‘red team rivals’, Helen and Charlotte. We were put straight in front of the camera for a toe-curlingly awful interview with presenter Christina Trevanion, and then let loose with our expert, the very charming Caroline Hawley.
Our one hour was strictly adhered to, and was timed by the director’s stop-clock. We were told not to touch anything unless we were going to buy it, because they would have to take close-up shots of the item touched, which delays filming. It turns out that I like to touch things, and was picking stuff up right, left and centre. We were 35 minutes into our hour, and the director had had to stop filming so many times, he threatened me that I had to buy the next thing I touched. Turned out it was Steve who touched the next item, and we ended up buying a vintage wedding dress; after that, the husband-beating
paddle was a must! The £12 paddle, I have since found out, is called a Hagoita. It is basically the bat used in a traditional Japanese game called Hanetsuki, which is similar to badminton. More annoyingly, they can retail up to £500, and ours sold for £10. Someone got a bargain, but it wasn’t us!
Our third item was a panic buy to fulfil Steve’s target of leaving our expert with one pound; however, the late-Victorian, two-seater sofa was gorgeous. Unfortunately, we were unaware that the bottom had fallen out of the furniture market and we had paid far too much for it. Purchases made, filming stopped for the day, and we were told to attend Carmarthen Auction House: ominously, on April Fool’s Day!
I prepared for our second day of filming as I had prepared for the first; however, I hadn’t read the instructions properly, and wore the same clothes thinking, wrongly, that there should be continuity. Our red team ‘rivals’ were very good at keeping schtum, and we didn’t even know what they had bought let alone how much they sold for. Our own auction efforts were abominable, and while we weren’t going home with the ‘golden gavel’ we could still be winners: after all, we did go with the hideous ‘bonus buy’, which made a disproportionately huge profit. With high expectations, we were transferred to a hotel for the big reveal and high-kick finale. Did we win? You can find out by watching Bargain Hunt, series 44 episode 23, Carmarthen 29!
To Pro Bono Week and beyond
Peter Farr, a trustee of the CILEx Pro Bono Trust, writes about National Pro Bono Week, from 6 to 11 November, which aims to raise awareness and celebrate the achievements of lawyers’ pro bono work.
This is the 16th National Pro Bono Week (NPBW), and as well as providing an opportunity to reflect on the major (and increasing) role that pro bono services play in access to justice, the event is intended to encourage other lawyers to become involved.
CILEx members and students have legal knowledge and skills that are greatly in demand: an Ipsos MORI poll for the Legal Services Board and the Law Society, in 2016, found that less than one-third of people with a legal issue can access advice and assistance.
The scale of the problem means that many lawyers think there is nothing meaningful they can do at an individual level. However, the reality is that the maxim ‘every little helps’ is very true of pro bono services and certainly, in terms of the impact on the lives of those being helped, goes a very long way.
Pro bono services are immensely rewarding and enriching: they provide opportunities to explore new areas of law; put something back into the local community; and help the most vulnerable members of society.
During NPBW, a wide range of events are planned, and highlights include the following:
- Launch Event The broadcaster and commentator Joshua Rozenberg will be joined by a panel of experts to discuss the contribution pro bono legal services can and should make in society.
- The Great Legal Quiz Fundraising event for front-line legal charities and opportunity for socialising. The organisers supply posters and questions, you supply the venue and teams (and refreshments).
- Birmingham Law Society Event Expert panel discusses the legal response to major emergency incidents such as terror attacks.
- Lecture Event Influential US civil rights lawyer Edgar Cahn talks about a ‘coproduction’ model for how lawyers and lay people can work together to improve social justice.
- LawWorks Student Pro Bono Conference An event open to all law students, including CILEx students. Speakers include former justice minister Lord Bach, Edgar Cahn and Law Society President Joe Egan. (For details see below).
In the foreword to Pro Bono: free legal advice in England & Wales 2017, the heads of the profession, CILEx President Millicent Grant, Joe Egan, president of the Law Society, and Andrew Langdon QC, chair of the Bar Council, write: ‘Solicitors, barristers and Chartered Legal Executives provide their professional advice for free to those in need to an extent that is unparalleled by any other profession, ensuring that even the most disadvantaged in society can enforce their rights.
Free advice and representation provided by volunteer lawyers is often the only means of obtaining access to justice for people who are unable to pay for legal advice and are not eligible for public funding (legal aid).
Many charities and community groups that have very few resources also rely on lawyers who provide legal advice pro bono.
It is important to state that pro bono legal services are not, nor can they ever be, a substitute for a properly funded system of legal aid.’
- Pro Bono: free legal advice in England & Wales 2017 is available at: http://tinyurl.com/ycekubss
- For details about the National Pro Bono Week 2017 timetable of events, visit: www.nationalprobonocentre.org.uk/national-pro-bono-week
Women in the judiciary: making it happen
This event is for women who are qualified legal professionals (Chartered Legal Executives, solicitors, barristers and legal academics) who may be interested in a future judicial career. It will provide a real opportunity to hear, first hand, from women judges on their roles, and also to learn more about the applications process.
Speeches from Lady Justice Hallett and other judicial speakers, and a representative from the Judicial Appointments Commission. The event will be chaired by Mrs Justice Nicola Davies DBE, Presiding Judge for Wales.
CILEx Judicial Development Programme: a member’s viewpoint
Emma Hutchinson, who attended the CILEx Judicial Development Programme pilot project, writes:
On 16 September 2017, Phase 1 of the CILEx Judicial Development Programme took place at Kempston Manor in Bedford.
This was the ‘Give Yourself the Advantage’ Court, which was a full day’s training with Manjula Bray. Manjula has worked with the National Assembly for Wales and the Judicial Appointments Commission (JAC) as an independent assessor in the area of candidate assessment for employment.
I attended feeling enthusiastic and excited; it felt like the first step in the journey to possible judicial appointment had begun. It was great to meet up with the other 10 delegates, most of whom I had met in Bristol at the CILEx Judicial Development Programme launch event back in June (see (2017) August CILExJ pp37 and 38).
It was most interesting to see where everyone was up to in their judicial application process. Some candidates were still trying to decide whether a role in the judiciary was for them; however, at the other end of the scale, some had already applied for posts; passed the sift; attended JAC headquarters and gone through the interview and role-play process; and were awaiting the outcome of their applications! Being able to share in their experiences was really helpful, especially finding out the ‘don'ts’ rather than concentrating on the ‘dos’.
During the day, we covered completing the competency-based application form effectively; how to maximise the use of independent assessor/referee input; how to anticipate questions for both telephone and face-to-face interviews; and practised responding successfully.
The major obstacle that I personally have to overcome is to be less ‘British’ in selling myself, and become more ‘American’ ! Rather than simply thinking that I do my job to the best of my ability, I have to show that I am at the top of my game; to find my unique selling point; and to sell myself to the JAC accordingly... this may take a little practice. We were encouraged to keep ‘brag’ files about our winning moments, so we can use them as examples when completing our competencies.
The part of the course which took me greatly out of my comfort zone was having to partake in a mock interview panel. We all took turns being on the panel, and then being the person who was interviewed. Despite my reservations, I actually found myself quite enjoying myself. The feedback given by the other delegates was really helpful, and I started to believe that I may be able to do this!
I found the whole day a most worthwhile experience. The tips and techniques for completing the application to the interview process and role plays made a process which seemed rather daunting into one that could be relatively simple and quite enjoyable.
More importantly, the fact that the day provided the opportunity to build relationships with others who are also in the process, and with whom to share experiences and tips is invaluable; it is nice to meet the challenge with the support of others. I could not wish to be in competition with nicer people.
The next step for me on this journey is to start my mentoring and shadowing sessions with District Judge Gray, and start drafting my application for a competition for a position on the First-tier Tribunal (Social Entitlement Chamber).