05th September 2017 | July 2017

DASLS Newly Qualified Solicitors Admissions Ceremony Monday 9th October 2017   at 5.30pm for 6pm at Exeter Guildhall — by invitation only!   Did you / will you qualify between 1st September 2016 and 30th September 2017?   If so, please contact Monique Bertoni at DASLS office to make sure that you receive your personal invitation.   Email: Monique@dasls.com or call 01392 366333     Devon & Somerset Law Society would like to congratulate all NQ Solicitors from Member Firms in DASLS area.   Below photo of the 2016 Admissions Ceremony...

05th September 2017 | July 2017

Devon Air Ambulance delighted to be chosen as the President’s chosen Charity   Devon Air Ambulance (DAA) are delighted to have been chosen, alongside Dorset and Somerset Air Ambulance (DSAA), as Devon and Somerset Law Society’s President’s chosen Charity/ies for the years 2017/19. Business support is an essential and integral part of DAA’s fundraising. DAA are immensely proud and excited to be celebrating 25 years of service this year and it is due to the fantastic support DAA receives from the people, businesses and communities of Devon that they have reached this impressive milestone. DAA have continued to grow and develop the service they provide and today they own two Eurocopter EC135 helicopters which operate seven days a week. In 2016 DAA assisted 843 patients who had suffered either life threatening or life changing incidents. It costs £5.5million every year to keep Devon’s Air Ambulances flying and they are extremely proud to be independent of Government and National Lottery Funding; this safeguards the service for the long-term and ensures they can deliver what the people of Devon tell them they want from their Air Ambulance. With one helicopter based in Exeter and one in North Devon they can get to most of Devon within 10 minutes and the whole of Devon within 15. The speed of DAA’s service ensures patients receive treatment within the critical period immediately following acute illness or an accident before they are conveyed to the appropriate specialist treatment centre; in 2016 29% of DAA’s missions bypassed the nearest hospital to ensure patients were taken to the hospital most appropriate for their needs. This ensures all airlifted patients receive the best possible care and have the best chance of survival. In addition, DAA has substantially improved patient care through the creation of a ground breaking Master’s Degree for air paramedics aimed at making them amongst the highest qualified in the profession. Working with Plymouth University, DAA has created a qualification which will put Devon on the map as a centre of excellence for pre-hospital critical care. In November 2016 DAA extended their service to operate until midnight, meaning they can help even more people. To enable their night flying they approached local communities to get involved to create a network of Community Landing Sites all over Devon. These surveyed, flood lit landing sites are funded and managed by the communities themselves and ensure DAA can land safely after dark. DAA are delighted that over 160 communities are now involved in setting up their own Community Landing Site. As one of only five Air Ambulances in the UK flying at night, DAA are very proud that the culmination of several years planning and preparation carried out by the operations team, pilots, paramedics and Helicopter Emergency Medical Service (HEMS) dispatchers, means they can respond to emergencies until midnight every day. At the heart of all that DAA do is their patients. Through their 25 years of service they’ve helped over 24,000 patients, but they only know of around 1,200 of these. Many people are unaware, but due to patient confidentiality DAA don’t know who they airlift unless the patients contact them. DAA love to hear from the people they’ve helped and pass on news to the aircrew of how their patients are recovering. If you or anyone you know has been airlifted and would like to make contact, please get in touch with their Patient Liaison Officer Debbie via email d.gregory@daat.org or phone 01392 466666. DAA’s Fundraising Director Caroline Creer added “We are so grateful to the Devon and Somerset Law Society to have selected us as one of their chosen charities, alongside Dorset and Somerset Air Ambulance. Whilst we are a separate charity to DSAA we have a great relationship with them and when required we have crossed borders and airlifted patients from Dorset and Somerset. We look forward to building a strong working rel...

05th September 2017 | July 2017

News from the Devon & Somerset Junior Lawyers' Division This month's article has been written by the JLD's Social Secretaries, Beth Nash and Philippa Collison and the Sports Representative, Hannah McGown.   Social Events   Throughout the year the JLD's social secretaries have the arduous but rewarding task of organising a number of social events for young professionals across Devon and Somerset. Whether it be cocktails after a day's work, a wine and cheese tasting or themed event, the social events are always a highlight of the JLD calendar.   On Friday 9 June, junior lawyers from across the region were treated to a vintage Hollywood extravaganza at the annual Devon & Somerset Junior Lawyers' Division Summer Ball. Held at Sandy Park, guests were welcomed with a glass of prosecco, before being treated to live sets from a local jazz band throughout the sumptuous three course dinner. After dinner the disco took hold with some fun group photos in the obligatory photo booth.   Guests also had the opportunity to purchase raffle tickets throughout the night, with loads of prizes up for grabs including vouchers for champagne afternoon tea for two, and Exeter Chiefs goodies including a squad signed rugby ball and rugby tickets. Over the course of the night, an amazing £373 was raised for YMCA Exeter, this year's Devon & Somerset Junior Lawyers' Division Charity of the Year. They are a local organisation that aims to ensure "all young people can be equipped with the tools they need to achieve economic independence, grow in their unique skills and gifts and ultimately contribute positively to society."   The Summer Ball is a key event on the Junior Lawyers' Division calendar, offering guests the chance to meet their peers from other firms around the region, and to catch up with colleagues outside of the work place, as well as taking embarrassing photos in the photo booth!   The Devon and Somerset Junior Lawyers' Division would like to extend their thanks to all of the wonderful sponsors who helped to make the event a success, as well as the committee members for their hard work and organisation.   For those who attended the event, a link to all of the photos from the evening will be available soon and sent out to those on the JLD mailing list.   Sports   The sudden change in the weather and the rise in temperature has got our minds back on summer sports and BBQs just in time for the infamous JLD v DASLS Rounders Match. Due to take place on 6 July, this year the two teams will also be joined by members of CILEX as they battle it out to score the most runs.   All are welcome to play and the teams will be enjoying a delicious BBQ at the Double Locks after the game. If you are interested in playing please contact Hannah McGown (JLD) onh.mcgown@ashfords.co.uk or Francesca Hobbs (DASLS) on francesca@dasls.com.   If football is more your game, watch this space. The JLD will soon be welcoming teams for their summer football tournament to win the coveted JLD Shield....

04th September 2017 | July 2017

Employment Status: Employed or Self-employed advice for Engagers by Sponsor Francis Clark Employment Status: Employed or Self-employed advice for Engagers Status is not a matter of choice... . Francis Clark LLP The facts surrounding a working relationship will determine whether the worker is an employee or self-employed. However, the working relationship between the worker and the engager IS a matter of choice.   Getting the employment status position wrong can have serious financial consequences for an engager. If HMRC reviews the engager’s or employer’s records and considers that the consultant was not genuinely self-employed but rather the terms and conditions were that of an employee, the engager or employer will be liable for the PAYE tax and national insurance contributions (NIC) considered due in respect of the payments made. HMRC can look to go back a number of years to recover the tax and NIC considered due. In addition to the tax and NIC liabilities, interest and penalties will also be due.   Therefore it is crucial that the correct employment status is established at the start of the engagement and that clarification is sought in areas of concern as this should help to prevent disputes with HMRC at a later date.   The law does not define ‘self-employment’ or ‘employment’ so it is the terms and conditions of the particular engagement that determine whether the contract is one of employment or self-employment. If the individual is engaged under ‘a contract of service’ then they will be an employee and PAYE would apply. Only genuine self-employed consultants should be paid outside of the PAYE payroll system.   The onus is on the engager or employer to ensure that they are applying the correct employment status. The fact that an individual may say they are self-employed or that they have worked previously as a self-employed consultant is irrelevant in determining their employment status as the decision must be made on the current terms and conditions of the engagement at the point of engagement.   The legislation does not define what constitutes a ‘contract of service’ or a ‘contract for service’ but guidance from employment status case law as handed down by the Courts over the years is used to determine the correct status to be applied. The Courts have identified various factors that help to determine whether a contract is one of employment or self-employment.   When looking at these relevant factors there are certain indicators that help to determine whether the particular engagement is one of employment or self-employment.     Common indicators of employment The contractor has the right to (even if that right is rarely used) control what the worker has to do, where the work is carried out, when the work is done and how the work is carried out The worker supplies only his or her own small tools, and no significant equipment or materials There is no possibility that the worker will suffer a financial loss, for example the worker does not risk any of his or her own money The worker has to provide personal service. That is, he or she is expected to carry out the work him or herself and cannot provide a substitute and/or additional help to carry out the work The worker has no business organisation, for example business premises, stock, materials or own workforce The worker is paid by the hour, day, week or month Common indicators of self-employment Within the overall project deadline, the worker has the right to decide how the work is carried out and when the work will be done The worker tenders for a job and if the job ends up costing more than originally estimated, will bear any additional costs The worker has the right to hire other people to either carry out the work or work with him or her, those individuals being answerable to, and being paid by him or her, to do the work The worker is paid an agreed amoun...

06th March 2020 | March 2020

Dear All,   This year really is flying by. I have just had my birthday.   After updating you previously on the excellent catch up I had with the Law Society CEO Paul Tennant on his visit to the south west last November, I had not expected to be back in touch with him quite so soon.   Sadly, this time it was in less happy circumstances.   I was, like many of you, shocked and saddened in January to hear the news and see the pictures of the substantial fire at Chancery Lane in London. I have emailed Paul Tennant and James Shepherd, our Law Society Relationship Management Executive, to send our best wishes and we are hoping that the building will be back to full use very soon.   As I write this report, preparations are in full swing for the 2020 DASLS Legal Awards & Dinner. As you know the Annual Dinner is being held again this year at Exeter Cathedral.  The event is to take place on the 30th April 2020. After the success of last year, we are hoping that once again the event is sold out which would mean we will have around 480 people attending.  If you have not done so already, please contact Llew Nicholls and the team at our Awards partners ‘Grow Marketing’ who have worked very hard alongside our very own Tony and Monique to achieve full sponsorship of this event.   You can contact Llew to book the remaining places by emailing Llew directly at Llew@growmarketinguk.com. There have been more nominations than ever before with more entries making the short list. Please do not miss this dazzling occasion.   You will all have received DASLS latest 2020 training courses programme. Tony Steiner and the team have worked hard to arrange these events. You will see that as members you get preferential rates and if appropriate reduced rates for multiple attendees from your firms. Please take advantage of these services as a proportion of the monies do go to support our Society’s broad continuing education offering.   If I do not see you individually before I look forward to catching up with you at the 2020 DASLS Legal Awards and Annual Dinner in April.   With very best wishes   Nigel Lyons President 2019-2020...

06th March 2020 | March 2020

The first big social event of the year was the annual DASLS Quiz which is the grand finale of the Challenge Cup. It is an event I thoroughly enjoy and I make no apology for making it a bit challenging.   This year did not disappoint there being just ½ point between first and second place and resulting in joint winners of the Challenge Cup. Congratulations to Ashfords and Michelmores both of whom knew that the study of birds’ eggs is Oology. The next Challenge Cup kicks off with the usual Skittles match in Dawlish when the magnificent Skittles Cup will be contested.   The latest meeting of the County Societies Group took place in February when we were guests of the SRA in Birmingham. DASLS Deputy Vice-President Adrian Richards and I attended.  We were welcomed by their Chief Executive Paul Philip who set out some key messages around SRA activity emphasising their desire for light touch engagement with solicitors and good channels of communication. He said that the SRA was working well with The Law Society and was focused on creating an environment where solicitors could be innovative and use the latest in technology. AML is a key area of activity and following the appointment of the new Chair, Anna Bradley, they are working to provide better customer care. He also explained that until now the SRA had not taken any position on issues such as Access to Justice, Rule of Law and Advice Deserts. They were considering looking at, and taking a position on, one or two of these issues each year. There followed several presentations by senior staff at the SRA dealing with Enforcement Strategy and reporting concerns; Customer information – Transparency Rules and clickable logo.; the SQE  and Anti-Money Laundering. Comprehensive slides were produced to accompany each presentation which I will forward together with my notes to any member who wishes to see them. Just email me —tony@dasls.com.  There followed an interesting tour of the building. SRA have around 600 staff members with the majority based over three floors at the Cube. The next meeting of the County Societies Group will be in the summer and we also plan a Parliamentary Liaison event at Westminster later in the year.   I am pleased to announce that DASLS has two new Partners; Moneypenny who look after your telephone calls when you are not available and Dictate Now who offer Dictation Systems and outsourced document preparation. They join our current Partners: Alchemy; PKF Francis Clark; Landmark; Lockton; Unoccupied Direct; WebBoss and Wessex Searches. We are thankful for the support our partners give us and encourage you to use them where you can.   Depending when you read this our joint event with the Legal Sustainability Alliance on 5th March will be about to take place or will have passed. Regular readers will know that the Society has formed a small working party to encourage and identify how firms can improve their sustainability. The main Committee have suggested that this forms a Sub-Committee. We will arrange a meeting of the working party after the event on the 5th March with a view to progressing this. Anyone who is interested in this please let me know.   Tony Steiner,  Executive Director DASLS....

06th March 2020 | March 2020

You may know that DASLS is fortunate to be twinned with Bilbao, Erlangen, Gdańsk, Leuven, Rennes and Verona. Such twinning arrangements underpin a sense that we belong to one community of values on the basis that these relationships are based on reciprocity. Each year, we meet to discuss and debate important legal issues of the day, whilst discovering the cultures and languages of our partners. 2020 is DASLS turn to host such an event, which will be rounded off with the Sunday Legal Service at Exeter Cathedral on 7 June 2020 and to which DASLS members are cordially invited!   The subject of our conference (on 5 June at County Hall in Exeter) will be around the impact of artificial intelligence (AI) in the sphere of human rights. Rather than understanding AI in terms of a terrifying post-apocalyptic vision of a world controlled by robots, AI features in our everyday lives from Alexa and smart home devices to controversial facial recognition technologies and even Uber! AI is built by lines of code called algorithms. Put simply, an algorithm is a step by step method of solving a problem and is commonly used for data processing and calculation. However, the use of automated data processing techniques in public and private sectors, especially by internet platforms and its impact on the exercise of human rights is somewhat of a hot topic.   When it comes to AI, there is a focus on the usage of huge datasets. AI bias means when an algorithm produces results that may be prejudiced due to erroneous assumptions in the machine learning process and the data used to train the algorithm by data scientists. Bias runs deep in humans and it can be unconscious in nature. AI systems are created by individuals who have their own unique experiences and blind spots all of which can lead to fundamentally biased systems. This issue is compounded by the fact that those responsible for AI (including its deployment and training) may not be representative of society. Accordingly, unfair treatment of a group can result from the use of an algorithm to support decision making whether that decision relates to criminal sentencing, loan applications or self-driving cars. The language of AI is undoubtedly complex, but it is drastically changing the way we live. Understanding AI and its implications in the context of its growth is important so that we are all better placed to push companies to develop new technologies both ethically and responsibly.   If you would like to receive more information once the June 2020 programme is finalised, please contact Monique Bertoni at DASLS office – monique@dasls.com .   Emma Mitcham Chair, International Relations Sub-Committee...

06th March 2020 | March 2020

New AML Regulations and the pursuit of the beneficial owner.   Introduction   The new Money Laundering & Terrorist Finance (Amendment) Regulations 2019 which came into force on 10 January have modified a number of aspects of the 2017 AML Regulations, with which we have been complying for some time. However, many firms’ procedures hark back to the earlier days of the 2007 Regulations and have not been modified or updated much over recent years.   This article seeks to set out what the new Regulations in fact require, and the steps we should be taking in relevant cases.   The Policy   It has been true for some time that the ultimate aim of all the regulatory rules is transparency – it has always been the case that the use of artificial structures such as trusts, companies, bearer shares, foundations and charities – whilst perfectly legal – have to some extent also benefitted from the extra anonymity they offer to the true owner and recipient of the funds and services we provide.   If we offer services to these types of entity, the Regulations require us to go some way to identifying the individuals who are actually benefitting from our services, and this entails uncovering the true ownership of the organisation.   Whilst this would be difficult in many instances – Cayman Island companies with bearer shares, for example – we must nevertheless attempt to get some assurances from the creators of the companies, accountants or registrars as to the ownership of the shares, and have some way of being notified of any change in ownership.   We also need to be aware of the PEP and Sanctions status of these individuals.   Further, for UK companies, the PSC Regulations 2016 impose an exactly similar obligation on the companies themselves to identify their beneficial owners and notify Companies House of any shareholder with 25% or more of the shares or exercising control over management of the business.   The Regulations   The Regulations provide that we must, as part of our CDD procedures Identify the client – this means coming to know who they are, by name and some other characteristic, e.g. address, date of birth, date of incorporation Verify that identity – by means of reliable and independent data and documentation Identify the beneficial owner (if the client is an entity) – though not necessarily verifying that identity Identify and verify the identity of the person actually instructing us (if not already done). What this means for us   When acting for a COMPANY (that is not a listed company) the Regulations require us to obtain Details of the company as registered (which must be proven by a copy of the register entries available from Companies House or equivalent registry) – name, number, registered office address, principal place of business the law to which it is subject details of its governing documentation (its memorandum) names of the directors. Names of any beneficial owners, and the identity of any individual owners of legal entities which own the client Names and verification of the persons instructing us on behalf of the company, and their authority to do so. Note that we cannot rely on the information provided by the company under the PSC Regulations but we must undertake our own research in order to fulfil our CDD duties.   Further, if as part of that research, we discover that the Companies House data on PSC’s is incorrect, then we are now under a further obligation to notify the Registrar of Companies of this fact.   We also need to establish that PEPs and Sanctions checks are also undertaken. If genuinely positive entries are revealed in response we should undertake enhanced CDD steps or cease to act, accordingly.   Electronic searches are a permissible avenue to use provided the search provider can offer us the necessary assurances that the person actually claiming an identity is IN FACT that person. Check also whether ...