Berks, Bucks and Oxfordshire Incorporated Law Society

ANNUAL REPORT OF THE COMMITTEE 1998 - 1999

Annual Report for the period ending 28th February 1999

From the President Courts and Legal Services
Introduction to the Report Professional Matters
Committee Meetings Commercial Services
District Associations and Young Solicitors Group European Committee
Membership Parliamentary Liaison
Joint Consultative Committee Media Coordination and Public Relations
Conferences Newsletter (& latest edition)
Property Social Functions
Education and Training Solicitors Benevolent Society

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Website by Wade Allison southfields@dial.pipex.com


FROM THE PRESIDENT

This Statement qives the opportunity both for reflecting and looking forward.

My year as President has seen a pre-occupation with Indemnity premium matters about which I have written in more than one of my articles in the Newsletter. Perhaps it was inevitable that the year has been overshadowed by this, as indeed it did the Law Society Council Meetings. The very existence of a number of firms has been threatened - some in our own area. As I write this, at Easter, the profession is about to be asked to vote on a resolution that it will be allowed a choice of obtaining insurance cover on the open market. When you read this, the result of that vote will be known and the profession will at least have had its say. One of my first duties as President was to chair a meeting to discuss the problems of Indemnity Insurance and I had to draw attention to the lamentable turnout.Since then I believe there has been an increasing awareness of the problem brought about, no doubt, by the practical effect of firms seeing the size of the premiums they were to pay from September 1998. However, enough said on this subject.

By general consent the National Conference at Bournemouth was not the most successful of recent years - the abismal weather did not help, but somehow or other it seemed to lack cohesion and lost its way. By contrast, the Presidents' and Secretaries' Conference was one of the better ones. The next National Conference - sorry 'Law Festival' - is scheduled for Disneyland in Paris, and notwithstanding the expected comments, eg: "Mickey Mouse venue" etc, I anticipate that it will be a sell-out and justify the risk taken by the organising committee. The programme is very interesting and varied, not to mention demanding, and will provide up to 16 hours CPD. Guest contributors include Professor Anthony Clare, The Rt Hon Kenneth Clarke QC MP, Ian Hislop - Editor of Private Eye, Geoff Hoon MP, Minister of State The Lord Chancellor's Dept, Peter Jay etc etc. This is a line-up that could hardly be bettered and promises much.

One of the most rewarding aspects of being president has been the opportunity it affords for meeting the presidents and Secretaries of other local Law Societies in the area. My attendance at a number of dinners of other societies and professions gave a welcome opportunity for discussing common problems.

I should like to pay tribute to the Southern Area Association of Law Societies, under the capable secretariat of Ian Streat. This comprises, the BB&O, Hampshire, Isle of Wight, Dorset, Bournemouth and Milton Keynes. I have no doubt that the Association will grow in stature and influence under its new President - the Hon Secretary of our own Society, Roger Rose. I wish Roger well. Whilst on the subject of other Societies I have very much welcomed the increasingly close relationship with Milton Keynes and District Law Society, fostered by its Hon Secretary, Neil Jopson, with whom, it turned out, I had been at school.

I have encouraged a debate on corporate membership for the BB&O and although it may not be possible to bring this in this year I have every confidence that my confidence that my successor, Andrew Bond, will bring the debate to fruition. Corporate membership would increase the influence of the Society, which as a Council member I should very much welcome. I see Local Societies as having an increasing influence on the governance of the profession which is under active reorganisation at Chancery Lane - and quite rightly so. Local Law Societies are the link with the grass roots and this should not be forgotten.

I have also introduced during my year the opportunity for a representative of an outside body to speak to the Committee. Peter Ross the Director of the Office for the Supervision of Solicitors came to the January meeting and we explored the ways in which the Society could assist the OSS on a local level. I hope my successors will feel that it is worth building upon the initiative.

The Lecture programme has again been extremely successful with more people attending than ever before, showing that it is fulfilling a real need. This is a major part of the Society's raison d'etre and it is good that it is so well supported.

I was sorry when the Professional Council folded but I am hopeful that it will be resurrected . Soundings taken from other professions give reason to think that support is there for what is in my view a successful prototype.

What of the future? Even to a non-litigator it is clear that the Woolf reforms are the cause of great anxiety to the profession. The Access to Justice Bill, is as I write, on its way through Parliament. As it stands, it is quite obviously flawed and restricts justice for this country's most vulnerable people, falling short, as it does, of the four ideals of a legal aid system which should offer quality, local access, choice and adequate funding. It has to be hoped that Parliament will see the Bill for what it is, even if this means not toeing the party line. Legal Aid continues to be threatened and needs our protection.

The Pressures on the profession get greater, not less. Pressures on time - pressures on profitability - pressure brings stress which can lead to mistakes and therefore claims. These pressures can be withstood, but it will take all the resilience of which the profession is capable.

I conclude the Statement on a positive note. I have much enjoyed my year as President. I meant it when I said that I consider this the pinnacle of my career in the Law. I have been well served by my Committee, my vice-President Andrew Bond, The Hon Secretary Roger Rose and the Administrator Kate Allison - my thanks to all for the unstinting support and in particular for their forbearance. I echo the sentiments of my predecessor when I say that I wish this Society well and that I am confident that it will flourish and grow in stature in the coming years. I know it is in capable hands.

Michael King

President


INTRODUCTION TO THE REPORT

The Committee presents its report on the Society's activities between 1st March 1998 and 28th February 1999. Individual reports follow from the main Committee, sub-committees and the society's various groups. Inevitably this report can only be a snapshot of the numerous activities of the Society, its members and constituent groups. The Committee members are very conscious of the unsung work (mostly on a pro bono basis) carried out by members on working parties, court user and other committees and in offering help and support to other members of the profession and their clients.

The year has been dominated nationally by the SIF debate. The controversy seemed to be recognised only latterly by many of our members. An open meeting at Reading during the initial consultation period received little support despite the quality of the panel. As the full impact of the situation became more apparent so more concern was expressed. Our final questionnaire was one of our most successful exercises in consultation and was used to good effect in the debate at the Law Society's Council. The SIF debate underlined, once again, the value of being able to represent grassroots views at the Law Society and the part which this Society can play in advancing the profession's interests.

The Society's role is not confined to response and representation - valuable as those functions are. Our lecture programme goes from strength to strength, we responded to the demands of 'CPD for All' by increasing the number of lecture meetings and seminars and by our continuing support for the Oxford Family Forum. The BB&O's lecture series remains the best value around for gaining CPD hours

Our finances are in good enough shape and an increase in membership subscriptions is not proposed. We cannot be complacent though and recognise that despite containing costs we too are subject to market forces and an increase in our subscription income will be needed in the near future. Perhaps that would be best achieved by either an increase in membership itself or a corporate approach to our membership structure. Encourage your partners and assistants to join (and benefit from members' reductions for lectures). Our accounts reflect an anomaly this year. The PSC costs show an excess of expenditure over income. Members will recall that the complicated structure for paying for the PSC has changed during the past year - the sporadic payments due to the College of Law are catching up on income received over two years.

Finally, we signal another BB&O first for 1998 - this website, which is now linked with The Law Society's. If you have not already done so then do visit the new website, address: (http:/www.dspace.dial.pipex.com/town/plaza/fh92/bbo/). Our thanks to Professor Allison in setting up the site for us and our thanks too, to both Kate and Wade for putting up with the BB&O Office at their home for yet another year - and particularly to Kate for all her hard work for the Society and her support for the officers and the committee.


MEMBERSHIP

Sadly during the year we learned of the death of three of our Members, His Honour Peter Faulks MC, who was President of this Society from 1976 to 1977, John Cashin of Reading and Sean Robinson of Burnham. Our sympathies are with their families.

On a more cheerful note we were pleased to report that a staunch supporter and member of the Society, Jane Beattie of Reynolds Parry-Jones & Crawford had been made a District Judge and of course we received the very good news that Charles Elly, Hon Secretary of the Society from 1975 to 1982, President of the Society from 1988 to 1989, President of The Law Society of England and Wales from 1994 to 1995 and standing BB&O Council member had been made a Circuit Judge.

At the end of the year the membership stood at 749 members with 70 new members. The overall membership rose again during 1998-1999, which is most encouraging


COMMITTEE MEETINGS

Committee meetings were held, as in previous years, every other month at High Wycombe. The newsletter has carried summaries of the topics discussed at the regular meetings. This year the committee has adopted an 'informal' ward structure to try to maintain closer contact with members. As usual we have endeavoured to consult with members over the wide range of issues which have come before the committee and to ensure that the Society's views are made known, as necessary, both locally and nationally.


DISTRICT ASSOCIATIONS AND YOUNG SOLICITORS GROUP

The committee values the close contact with the local associations (Oxford and District and Reading and Berkshire) and the Young Solicitors Group. We welcome the contributions their officers are able to make to our committee. Activities reported by the groups during the past year have ranged from a Summer Ball to Trivial Pursuit and we are pleased to note the educational programmes tailored to the groups' needs. We encourage, as always, more members to take advantage of the social and other functions arranged by these groups.


JOINT CONSULTATIVE COMMITTEE

The JCC met twice at the Ship Hotel, Reading. Charles Elly resigned as joint-Chairman on his appointment to the Circuit Bench. The Committee sent their congratulations to him. John Jackson, of Gardner Leader, Newbury agreed to be the new solicitor joint-Chairman.

Proposals to close the Newbury and High Wycombe County Courts were enquired into together with the methods of consultation beforehand. Listing arrangements, plea and directions and taxation issues were regular items on the JCC agenda. Circuit Administrators circulated details of statistics listing lengths of trials etc for the Crown and County Courts. The refurbishment of Aylesbury Crown Court was reported on and the JCC made several practical suggestions. Similar reports and issues were discussed in relation to all County Courts in the area including their family work, judge availability and the convenience of court location. Slough County Court was noted for longer than normal listing delays. The reorganisation of the clerkships at various Magistrates Courts was reported on as well as the probation service within the Berkshire area.


CONFERENCES

The Society was represented at the following Conferences and Meetings:
Secretaries of Local Law Societies, June 1998, Redditch
Southern Area Association of Law Societies, July 1998, Isle of Wight
Presidents and Secretaries of Local Law Societies, Oct 1998, Bournemouth
The Law Society's National Conference, Oct 1999, Bournemouth
Southern Area Association of Law Societies, Nov 1999, Silchester
Law Society PRO/PLO Conference, Nov 1999, London


PROPERTY

The Committee has kept property issues under review during the year. Although it will have far reaching consequences when it is introduced in June 1999, the new Rule on separate representation has not yet featured as a consultation item... As mentioned in last year's Report there is little evidence in the area of support for Property Centres, but the Committee will keep members up to date with their progress elsewhere.


EDUCATION & TRAINING

The lecture programme arranged for the BB&O this year was as follows, with numbers attending also recorded.

Personal Injury March 1998 81
Employment April 1998 49
Tax Law after Change of Govt May 1998 37
Landlord & Tenant September 1998 67
Civil Litigation October 1998 38
Probate & Trusts November 1998 85
Conveyancing January 1999 125
Family February 1999 76
Personal Injury March 1999 52
Employment April 1999 61
Improved Time Recording & Billing May 1999 n/a

The BB&O lecture programme is well received and regarded by members as important, especially now that all members of the profession have to undergo compulsory continuing education. Next year, the emphasis of the lecture programme will in part concentrate on the needs of the older members of the profession and consist mostly of up-dates.

Thanks again to Linnells of Oxford and Clarks of Reading for having provided accommodation for the remaining sessions of the old style Professional Skills Course. The new BB&O Professional Skills Course, which started last Autumn, is now accommodated by the College of Law at The Oxford Institute of Legal Practice.

As we go to press, the new Civil Procedural Rules are about to come into effect and the BB&O has organised a seminar associated with these very significant civil litigation changes to coincide with the AGM at Bisham Abbey, Nr Marlow on 14 June.

As always, the Society's members are encouraged to contact BB&O Offices concerning any matters relating to Education and Training.


COURTS & LEGAL SERVICES

The work of this sub-committee has been overshadowed by the introduction of the new civil Procedural Rules which were published on 29 January 1999. The Rules come into effect this Spring.

In addition there has been further consideration of the Access to Justice Bill. This sub-committee considered and lodged a response to the ATJ Consultation Paper during the year.

The sub-committee continues to communicate closely concerning a number of issues including, inter alia, the following:

- Proposed re-organisation of local Magistrates Courts and County Courts

- The amalgamation of Buckinghamshire with Berkshire and Oxfordshire Magistrates Courts Committee

- The Law Society's Expense Rate Survey for the Courts in our area

- Currently we are considering the Law Society's consultation proposals for a criminal Litigation Accreditation Scheme.

The new Legal Aid timetable for various Legal Aid projects this year supports the decision made at the Committee meeting on 9 November 1998 that there was a need for a separate co-ordination in respect of Legal Aid matters.


PROFESSIONAL MATTERS

During the year, the profession as a whole and this Society in particular, have been embroiled in debate on the subject of the Solicitors Indemnity Fund - the correct approach for the future and the implications for different sizes of practices. These deliberations have involved every member of the Committee of this Society, and not just this sub-committee, and indeed you will already have read articles in the Society's Newsletter as well as the wider legal press (as well as the President's comments in this Report).

As the Immediate Past President, James Couzens, stated last year, the BB&O covers solicitors' practices over a wide geographical area and widely varying types, both in terms of size and speciality.

While the Committee may not have been able to put forward a single unified view on behalf of all members, it is hoped that significant and informed contributions to the debate have been generated for the ultimate benefit of the profession as a whole.


COMMERCIAL SERVICES

There have been two events this year which inhouse lawyers practising within the Thames Valley have been invited to attend.

The first was combined with a winetasting. We were fortunate to have John Stevens MEP for the Thames Valley (Conservative), who is a well known advocate of the single currency as well as a leading expert in currency matters. (Since he came he has set up a rival Conservative party and is now as I write, standing as a candidate for this new group in the European Elections.)

The other speaker was the Deputy Chief Economist of The Royal Bank of Scotland. It was a real eyeopener for all those present to realise they too should develop systems and practices to work with what is going to be the second major trading currency in the World. It is proposed to hold another event on competitive issues, following the introduction of the new legislation.

The purpose of Commercial & Inhouse Group is to develop dialogue and a network link for inhouse lawyers who practice within our area of the Thames Valley, many of whom are in effect sole practitioners within their organisations. Its aim is also to increase dialogue between commercial lawyers and their colleagues in private practice.

If you are interested in joining this Group contact either the BB&O Office or Andrew Bond at Nabarro Nathanson, Reading.


EUROPEAN COMMITTEE

Whilst the Society does not have a sub-committee dedicated to European affairs it does, through the secretariat, keep an eye on European matters which might have an impact upon our membership. We receive the Law Society publication "Brussels Agenda" on a regular basis and maintain contact with the Law Society's Brussels Office. That office can arrange visits to the European Institutions if members are interested. During the year we have looked into the possibility of funding being available for members visits. If the membership should feel that the time has come for this Society to be more actively involved in matters European we would welcome their views. The coming year is likely to include at least one foray by this Society's representatives to a 'European Institution' - the Solicitors' Annual Conference transforms itself into the Solicitors Law Festival for a visit to Disneyland in October.


PARLIAMENTARY LIAISON, MEDIA COORDINATION & PUBLIC RELATIONS

The Annual Conference was held in November, initially at the BBC and thereafter at Chancery Lane. It took place the day after the Government launched its new Legal Aid proposals and the debate at the BBC was an excellent illustration of the wide gulf between the experience of the profession and the understanding of politicians - particularly Mr Austen Mitchell. It was clear that the Government had an agenda from which it had little intention of departing, and therefore it has been no mean feat for the Law Society and others to persuade the Government to remove some of the more contentious items from the legislation.

During the course of the year your local liaison officers and media representatives have continued to represent the interests and views of the profession. If any member has any issues to raise or ideas for improving communications through these channels, please contact either Kate Allison or Derek Child of Gardner Leader, Newbury who is the Committee member responsible for co-ordination.


NEWSLETTER

The Newsletter was published in alternate months and, as well as a summary of recent Committee Meetings, covered matters of professional interest, help lines, notice of lectures and courses, seminars, functions and events. Details of Solicitors, trainee solicitors, legal executives and locums, wanted and available, were published in the Newsletter.


SOCIAL FUNCTIONS

For the 1999 Annual Dinner, the President, James Couzens, took advantage of the splendid facilities of the Compleat Angler at Marlow. The Dinner was a great success with good food and excellent speeches. The speakers were Anthony Scrivener QC, Former Chairman of the Bar Council and His Honour Anthony Durrant who was President of the Society in 1997/8. The other guests included The High Sheriff of Buckinghamshire, E R Verney Esq and His Honour Judge John Slack as well as the Presidents and Chairmen of other local Law Societies and Professional Bodies.

The Society ensures that the Annual Dinner provides an enjoyable and valuable opportunity in suitable surroundings for members to meet on a social level and to entertain colleagues, clients and professional contacts. The Committee urges members to give the Annual Dinner their full support.

The President and Officers of the Society have represented the Society at various functions of other law societies and professional bodies.


SOLICITORS BENEVOLENT SOCIETY

Directors of the Solicitors Benevolent Society are:

A E L Horrocks, 31 Burkes Road, Beaconsfield, Bucks;
P U Finnemore, Cole & Cole, Buxton Court, West Way, Oxford, Oxon;
R G Griffiths, Blandy & Blandy, 1 Friar Street, Reading, Berks;
H Beith, Bucklands, 121 Yorktown Road, Sandhurst, Berks.


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