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<strong>Liverpool</strong> <strong>Law</strong><br />

The magazine for lawyers in<br />

Merseyside and the North West<br />

November 2015<br />

<strong>Liverpool</strong> Legal Walk 2015<br />

<strong>Law</strong>yer in Lights<br />

Matt Humphries, Sellafield<br />

This month’s featured charity<br />

Merseyside Tuesday and<br />

Thursday Clubs


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EDITORIAL 3<br />

Welcome<br />

to the November edition of <strong>Liverpool</strong> <strong>Law</strong>.<br />

"Things that are repressed return even stronger", so says the producer of the artfully shot and<br />

confusing French zombie drama "The Returned".<br />

I can understand that sentiment in terms of cake and chocolate but I am struggling to<br />

understand how it explains the un-dead appearing in the Alps. If anyone can explain, even<br />

part of the plot of this zombie thriller, then please email the editor on the address shown below.<br />

Any help would be gratefully received.<br />

To help save us from too much confusing television this winter, the <strong>Liverpool</strong> <strong>Law</strong> Society have a<br />

full social diary for November and December, all details included in this edition.<br />

In these days of increased utilisation, pressure on time recording and bills to ask a lawyer to<br />

give their time is a big ask, but thankfully lawyers are more than willing to do just that and from<br />

this month we are including an extended CSR page, to acknowledge and highlight the work<br />

done by our members. Following the "mind the gap" conference we are also including each<br />

month, information from not for profit organisations looking for assistance.<br />

As always, thanks to everybody for submitting the articles that fill these pages and I hope we<br />

have put together an enjoyable read.<br />

Sylvia Shepherd<br />

Editor<br />

editor@liverpoollawsociety.org.uk<br />

Follow us on Twitter<br />

@Lpool<strong>Law</strong>Society<br />

Like us on Facebook<br />

www.facebook.com/<br />

<strong>Liverpool</strong><strong>Law</strong>Society<br />

<strong>Liverpool</strong> <strong>Law</strong> Needs YOU<br />

<strong>Liverpool</strong> <strong>Law</strong> Society Magazine is produced by and for <strong>Liverpool</strong> <strong>Law</strong><br />

Society Members. This is our opportunity to share our news, events and<br />

celebrations with our friends in the legal community.<br />

Join us on Linked In<br />

https://www.linkedin.com<br />

/company/liverpool-lawsociety<br />

All members' contributions to <strong>Liverpool</strong> <strong>Law</strong> are warmly welcomed.<br />

Please send your article (and photo captions where possible) or<br />

request for further information, or assistance to the editor at<br />

editor@liverpoollawsociety.org.uk.<br />

Photographs should be provided in the highest resolution possible to<br />

ensure a good reproduction.<br />

The views and opinions expressed in <strong>Liverpool</strong> <strong>Law</strong> are those of the<br />

individual contributed and not those of the <strong>Liverpool</strong> <strong>Law</strong> Society.<br />

Published by Baskerville Publications Limited<br />

25 Southworth Way<br />

Thornton<br />

Thornton-Cleveleys<br />

Lancashire FY5 2WW<br />

Tel: 01253 829431<br />

Email: j.baskerville@jbaskerville.co.uk<br />

Deadlines for 2015<br />

DECEMBER EDITION - 16TH NOVEMBER JANUARY 2016 - 12TH DECEMBER<br />

Diary Dates<br />

13/11/15 6.45pm for 7.30pm<br />

Annual Dinner<br />

Britannia Adelphi Hotel<br />

19/11/15 7.00pm<br />

Real Ale Trail<br />

Various <strong>Liverpool</strong> City Centre venues<br />

24/11/15 5.00pm for 5.30pm<br />

AGM<br />

<strong>Liverpool</strong> <strong>Law</strong> Society<br />

8/12/2015 5.30pm<br />

Professional <strong>Liverpool</strong> and<br />

<strong>Liverpool</strong> & Sefton Carol Service<br />

<strong>Liverpool</strong> Parish Church of Our Lady<br />

and St Nicholas<br />

14/12/2015 6.00pm<br />

Merseyside Christian <strong>Law</strong>yers’<br />

Carol Service<br />

<strong>Liverpool</strong> Parish Church of Our Lady<br />

and St Nicholas


4 FROM THE PRESIDENT<br />

President’s Mentions<br />

Hello everyone,<br />

By the time you read this month’s Mentions the clocks will have gone back, Kloppmania<br />

will have no doubt subsided somewhat and we will all be on the dreaded<br />

run-in to Christmas.<br />

At the time of my writing these Mentions, however, none of these mildly depressing<br />

things have yet taken place, and I am able to look back on a bumper month of<br />

activity which took place in late September and October.<br />

On 30 September we held our “Mind the Gap” Access to Justice event which was<br />

kindly hosted by <strong>Liverpool</strong> University. This brought together like-minded people<br />

from the universities, local practitioners, the third sector, CAB’s and various other<br />

coordinating bodies to look at where Legal Aid is still available and what we can<br />

all do to help. I am pleased to report that there were several clear actions<br />

following the meeting, which include a bespoke volunteering/CSR section in each<br />

edition of the magazine, going forward. This is going to be coordinated by my<br />

colleague Matthew Smith so if you have any news or events that you would like us<br />

all to get involved with, please email Matt at matthew.smith@weightmans.com.<br />

On 5 October I attended an interesting event hosted by the National <strong>Law</strong> Society<br />

at the Conservative Party Conference. Happily we did not have to run the<br />

gauntlet of enthusiastic Tory baiters who had descended upon Manchester<br />

Conference Centre and instead attended separate sessions at which Dominic<br />

Grieve and Lord Faulks spoke about Magna Carta and Access to Justice issues.<br />

No direct assurances could, of course, be given though we were told that the<br />

concerns of the profession were being taken into account in the Government’s<br />

various ongoing consultations. We will, of course, have to see how those turn out<br />

before reaching a final judgment as to how much we were, in fact, listened to.<br />

On 7 October I did a session with students at BPP and am delighted that one of<br />

the students who attended, Holly Wright, has written an article all about it which<br />

appears elsewhere in this month’s magazine.<br />

On 8 October there was a huge turnout for the <strong>Liverpool</strong> Legal Walk for Access to<br />

Justice on behalf of behalf of the North West Legal Support Trust – a big thank you<br />

to everyone who turned out and raised money for this excellent charity.<br />

On 14 October we had both the Employment <strong>Law</strong> Conference and an inaugural<br />

joint event with the University of <strong>Liverpool</strong> to celebrate the opening of a new legal<br />

and academic year. Finally, on 15 October I made the perilous journey down<br />

South to attend the annual dinner at Bristol <strong>Law</strong><br />

Society, including their legal awards. A warm<br />

West Country welcome greeted me so thanks to<br />

all concerned from our Joint V counterparts.<br />

This, of course, leads me to mention, one last<br />

time, our own annual dinner which is taking<br />

place on 13 November. There are still some<br />

tickets left at the time of my writing these<br />

Mentions so please get in touch with the Society<br />

if you would like to make a last minute booking.<br />

It should be a great night and we are all looking<br />

forward to hearing not only Michael Mansfield<br />

QC but also the inaugural speech at a <strong>Liverpool</strong><br />

<strong>Law</strong> Society dinner by our very own Vice<br />

President Alison Lobb! I look forward to sharing<br />

a beer with as many of you as possible on the<br />

night.<br />

Emlyn Williams,<br />

President<br />

Sponsored by<br />

Charity Spotlight<br />

Merseyside Tuesday and Thursday Clubs<br />

The Thursday Club was set up in 1966 as a social club<br />

for adults with learning difficulties, at a time when<br />

there was little on offer for over 18s with disabilities of<br />

this nature. The club has gone from strength to strength<br />

ever since, founding a second club on a Tuesday and<br />

achieving registered charity status.<br />

The clubs assist a wide range of members of differing<br />

ages. One of the younger members, Tony, has downs<br />

syndrome but this doesn’t stop him from having a<br />

different helper as his chosen ‘girlfriend’ each week.<br />

One of the older members, Phil, is self appointed<br />

Mayor of Thursday club and each week comes<br />

dressed in his full suit with a home made Mayor’s gold<br />

chain. He keeps the club members in check and will<br />

make calls to the Queen or Prime Minister if things get<br />

out of hand!<br />

The clubs are so much more than social clubs; they are<br />

lifelines for the members and their families, changing<br />

their lives immeasurably. For some members the clubs<br />

are the highlight of their week and are the only times<br />

they will spend outside of their home. For others, the<br />

holidays and weekends away have been the first<br />

holidays they have ever been on. The families of the<br />

members also benefit as they receive respite, content<br />

in the knowledge that their loved one is in a safe,<br />

caring and fun environment.<br />

The clubs completely rely on donations and support<br />

from the local community. Also as the clubs are<br />

entirely ran by volunteers, all the money raised goes<br />

back into the charity to pay for the costs of running<br />

the clubs; from the<br />

costs of petrol for<br />

the minibus through<br />

to the weekly<br />

events, days out and<br />

holidays.<br />

In April 2015<br />

Weightmans LLP<br />

made the clubs their<br />

joint office charities<br />

for a minimum<br />

period of 2 years. This has been a great help for the clubs as it has<br />

not only meant additional funds being received, which takes<br />

some of the pressure off the helpers, but it has also meant lots of<br />

additional volunteers coming to club which the members are<br />

very excited about.<br />

The clubs are constantly looking for volunteers to spend some<br />

time with the members. The Tuesday Club meet each week at<br />

7:30pm in Halewood and the Thursday Club meet at 7:30pm by<br />

Sefton Park. Hopefully it goes without saying the club names give<br />

away the days on which the clubs meet. Anyone who is<br />

interested in helping should contact<br />

Michael.westcott@weightmans.com<br />

The Tuesday and Thursday clubs are also looking for unwanted,<br />

inexpensive gifts to give away as prizes in raffles. Each week<br />

various prizes are won such as family/children’s DVDs, board<br />

games, gift sets, toiletries etc. The proceeds of the raffles go<br />

towards the cost of the holidays. Ideally the clubs are looking for<br />

unwanted new items rather than items that have been used, but<br />

anything in good condition will be welcome.


NEWS 5<br />

Professional <strong>Liverpool</strong> and Sefton &<br />

<strong>Liverpool</strong> Chambers of Commerce<br />

Annual Carol Service<br />

Date: Tuesday 8th December 2015<br />

Time: 5.30pm<br />

Location: <strong>Liverpool</strong> Parish Church of Our Lady & St Nicholas,<br />

Chapel Street, <strong>Liverpool</strong><br />

As the festive season approaches, Professional <strong>Liverpool</strong>, in<br />

association with Sefton & <strong>Liverpool</strong> Chambers of Commerce,<br />

would like to invite you to our traditional start to Christmas, the<br />

Service of Lessons and Carols at <strong>Liverpool</strong> Parish Church on<br />

Tuesday 8th December 2015.<br />

The service is set to bring together representatives from<br />

professional firms and bodies from around the city in<br />

celebration of the nativity. There is simply no better way to<br />

prepare for Christmas than by listening to the traditional<br />

readings and singing along to your favorite carols in this special<br />

service.<br />

We will be joined by The St Nicholas Singers under the direction<br />

of Stuart Keen who as ever will delight with Christmas music.<br />

They will be accompanied by organist J Wrightson.<br />

After the service there will be an opportunity to meet up with<br />

friends and colleagues over wine and mince pies.<br />

Real Ale Trail<br />

Event Details<br />

Event Date: Thursday, 19 November, 2015<br />

Event Time: 19:00-21:00<br />

Location: Bombed Out Church, Bold Street,<br />

<strong>Liverpool</strong>, L1 2TR<br />

If you have an interest in history and a passion for ale then the<br />

Real Ale tour of <strong>Liverpool</strong> will be right up your alley!<br />

Following your friendly and fascinating tour guide, you will be<br />

taken through <strong>Liverpool</strong>’s seafaring past and entertained with<br />

old shanties as you sample some of the city’s best real ales.<br />

Recreate the buzz and energy of <strong>Liverpool</strong>’s heyday for<br />

yourself on this fun-filled, light-hearted real ale pub crawl.<br />

This joint <strong>Liverpool</strong> <strong>Law</strong> Society and <strong>Liverpool</strong> Society of<br />

Chartered Accountants event has been kindly organised by<br />

the accountants. They have chosen 4 fantastic pubs that are<br />

not only great places in their own right but are located in some<br />

of the most historic parts of the city<br />

The night will end at The Philharmonic where we will round the<br />

evening off with a fish and chip supper.<br />

We do hope you, your family and colleagues will join us for this<br />

special service.<br />

To let us know that you will be coming along to the Carol<br />

Service please contact Alex Clark at<br />

alexclark@professionaliverpool.com or call 0151 224 1855.<br />

We look forward to seeing you there.<br />

Jenny Stewart<br />

Chief Executive<br />

John Hall<br />

Chief Executive<br />

You are warmly invited to the<br />

Annual <strong>Law</strong>yers' Carol Service<br />

at 6.00pm<br />

on Monday 14 th December 2015<br />

<strong>Liverpool</strong> Parish Church,<br />

Old Churchyard, Chapel Street, <strong>Liverpool</strong>, L2 8TZ<br />

Preacher:<br />

The Hon. Mr Justice Cooke<br />

Sir Jeremy was called to the Bar in 1976, took Silk in 1990 and was appointed as a High Court Judge in 2001, sitting<br />

mainly in the Commercial Court. He was an Oxford rugby blue in 1968 and 1969, and played first class rugby for a<br />

number of years at the beginning of his legal career.<br />

Music from:<br />

Formby Brass Band<br />

together with lessons and carols<br />

All those connected with the practice, administration or study of the law<br />

(and their friends and families) are most welcome<br />

Drinks and mince pies in the foyer afterwards!<br />

The cost for the tour, fish and chip supper (vegetarian option<br />

available but this must be pre-ordered) and a pint/drink at the<br />

Philharmonic is £20.00+VAT, further beers will be on a pay as<br />

you go basis.<br />

If you wish to book, please search for the event on the Institute<br />

of Chartered Accountants in England & Wales’ website<br />

https://events.icaew.com/<br />

You will need to register, and then book and pay online.<br />

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6 LOCAL NEWS<br />

<strong>Liverpool</strong> <strong>Law</strong> Society and University of <strong>Liverpool</strong> <strong>Law</strong> Society<br />

Drinks Reception from an Ulumni and University Perspective<br />

On Wednesday 14th October<br />

2015, LLS and University of<br />

<strong>Liverpool</strong> <strong>Law</strong> School held a<br />

welcome event, held at the<br />

newly refurbished School of<br />

the Arts building. Invited<br />

were current professors and<br />

lecturers from the <strong>Law</strong><br />

School, <strong>Law</strong> Society<br />

members, Merseyside Junior<br />

<strong>Law</strong>yer Members and former<br />

law school alumni.<br />

Having graduated from the<br />

<strong>Law</strong> School in 2005, I took the<br />

opportunity to attend this<br />

event to see what had<br />

changed in the last 10 years.<br />

At first glance, everything<br />

was similar and nostalgia<br />

flooded in, but upon<br />

speaking with the University<br />

staff, I was told that the law<br />

school building (as I knew it) is<br />

not currently the hub of the<br />

law school. Due to changes<br />

on campus and in the<br />

university generally both in<br />

the past and anticipated, the<br />

law school (lectures/seminars<br />

etc..) is now spread over<br />

campus. However, with over<br />

500 new students in this<br />

academic intake (previous<br />

Station<br />

years being around 200) it is<br />

likely that further changes will<br />

be afoot for the <strong>Law</strong> School<br />

in the near future.<br />

At the main event, it was<br />

wonderful to speak to long<br />

standing professors, including<br />

the ever charismatic Anu<br />

Arora (head of law school<br />

when I attended) as well as<br />

the new lecturers. It was<br />

particularly interesting to hear<br />

the enthusiasm of the student<br />

teachers, although I am still<br />

dubious to how anyone can<br />

make contract law and land<br />

law exciting! It proved a<br />

great opportunity to speak to<br />

existing contacts and make<br />

new ones from the University.<br />

Closing the event, Professor<br />

Debra Morris (current Head of<br />

<strong>Law</strong> school), Emlyn Williams<br />

(LLS president) and Andrew<br />

O’Byrne (Northern Circuit<br />

leader) regaled us with<br />

(amongst other things) stories<br />

of their time at university and<br />

it was clear that everyone<br />

was unanimous in their belief<br />

that law is a fantastic career<br />

choice, to which the whole<br />

room undoubtedly agreed.<br />

Advising the suspect at the Police<br />

- Th e Complete e Novice with Colin<br />

Beaumont<br />

This seminar will be particularly useful for those who are about<br />

to embark upon<br />

advising clients in this area and those who do it<br />

already but want to increase their knowledge in this difficult<br />

area of our work.<br />

Covering the<br />

below & much,<br />

much<br />

more:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

case prior to the<br />

interview?<br />

The order in<br />

which we see people at the police station and<br />

the reasons why<br />

<br />

Making repre<br />

sentations on bail/bail conditions<br />

<br />

Advising on D<br />

NA and CCTV footage evidence<br />

<br />

What to do w<br />

hen the client starts changing their instructions<br />

to us<br />

Dealing with<br />

multiple clients at the police station stage<br />

on Wednee sday 25th November 9.30am - 4.<br />

45pm<br />

CPD 6 (lunch included)<br />

Venue: <strong>Liverpool</strong><br />

<strong>Law</strong> Society, 2nd Floor Cotton<br />

Exchange,<br />

Bixteth Street, <strong>Liverpool</strong>, L3 9LQ<br />

To see the<br />

full seminar details or to book,<br />

visit:<br />

www.liverpoollawsociety.org.uk<br />

Off the back of this event, it is<br />

fantastic to note the<br />

strengthened link between<br />

the University of <strong>Liverpool</strong> and<br />

<strong>Liverpool</strong> <strong>Law</strong> Society, which I<br />

am sure will yield some<br />

positive and prosperous results<br />

going forward.<br />

I would urge former alumni as<br />

well as current LLS/MJLD<br />

members to<br />

show/reignite/reconnect and<br />

show their support to ensure<br />

the continued strength of our<br />

profession.<br />

Until next year……<br />

Danielle Carter<br />

Lees Solicitors LLP<br />

When ‘Town’ Meets ‘Gown’<br />

In October 2015, members of the<br />

<strong>Liverpool</strong> <strong>Law</strong> Society, together with<br />

staff from the <strong>Liverpool</strong> <strong>Law</strong> School<br />

met at the University of <strong>Liverpool</strong> for<br />

an evening drinks reception. The<br />

networking event took place in the<br />

beautifully restored School of the<br />

Arts Library which was a perfect<br />

setting, with views over Abercromby Square, to discuss matters<br />

of common interest to practitioners and academics. Around<br />

80 guests were welcomed to the University by Professor Debra<br />

Morris, Head of the School of <strong>Law</strong> and Social Justice and she<br />

explained the importance of the links between ‘town’ and<br />

‘gown’ for students, particularly in terms of the offering of<br />

placement opportunities and mentoring.<br />

Both Emlyn Williams and Andrew O’Byrne QC, Leader of the<br />

Northern Circuit also spoke briefly. Andrew, who graduated<br />

from the University of <strong>Liverpool</strong> some years ago, admitted that<br />

this was his first return visit to his alma mater and he promised<br />

not to leave it so long till he visits again. Andrew was not the<br />

only member of alumni at the reception and academics from<br />

the University were delighted to catch up with former<br />

graduates whom they had taught in the past. The event was<br />

held to celebrate the start of both the new academic year<br />

and the new legal year and also marks the strengthening links<br />

between the <strong>Liverpool</strong> <strong>Law</strong> Society and the <strong>Liverpool</strong> <strong>Law</strong><br />

School, The lively buzz throughout the evening confirmed the<br />

success of the event, which will certainly be repeated in future<br />

years.<br />

School of <strong>Law</strong> and Social Justice<br />

<strong>Liverpool</strong> University<br />

<strong>Liverpool</strong> <strong>Law</strong> School Alumni<br />

Association Launch Event<br />

All University of <strong>Liverpool</strong> alumni are invited to attend a special<br />

event on Tuesday 24 November 2015 to celebrate the launch<br />

of the <strong>Liverpool</strong> <strong>Law</strong> School Alumni Association at the University<br />

of <strong>Liverpool</strong>.<br />

The evening will give you an opportunity to learn more about<br />

the benefits of the alumni association, network with fellow <strong>Law</strong><br />

graduates, meet with current students and to hear the latest<br />

news from the <strong>Liverpool</strong> <strong>Law</strong> School. The <strong>Liverpool</strong> <strong>Law</strong> School<br />

Alumni Association has been established with the aim to<br />

enable you to keep in touch with the University, the <strong>Liverpool</strong><br />

<strong>Law</strong> School and your fellow alumni whilst also seeking to<br />

provide graduates with further benefits such as career<br />

development and networking opportunities.<br />

Book now<br />

For further information on the <strong>Liverpool</strong> <strong>Law</strong> School Alumni<br />

Association, or to update your career or contact details,<br />

please contact Caroline Mitchell, Alumni Relations Manager<br />

(Networks and Volunteers) on caroline.mitchell@liverpool.ac.uk.


<strong>Law</strong>yer in Lights<br />

Matt Humphries, In-House Solicitor at Sellafield<br />

Our target this month is Matt Humphries, an experienced<br />

commercial solicitor based at Hinton House the Sellafield Ltd<br />

building in East Warrington. Sadly not close enough to the<br />

Gemini centre for my liking, but non-the-less set in a wide open<br />

and landscaped area and we were able to amble around to<br />

the Birchwood Centre and settle down with a decent<br />

Starbucks.<br />

Sellafield Ltd is the site license company which holds the<br />

licences for the Sellafield and Windscale nuclear sites, both of<br />

which operate around the clock from the same location in<br />

West Cumbria. Sellafield is the world’s most complex nuclear<br />

site. Work at the nuclear site is now concerned with emptying<br />

and decommissioning its ageing facilities and reprocessing<br />

nuclear fuel from elsewhere. Sellafield Ltd currently manages<br />

the sites under contract with the Nuclear Decommissioning<br />

Authority (NDA), although next year the company will be<br />

transferred into ownership of the NDA.<br />

There are 9 in-house lawyers employed to deal with a wide<br />

range of work. Matt is one of four lawyers in the commercial<br />

team, headed up by the Head of Commercial <strong>Law</strong> Gill<br />

Edwards, under the overall leadership of Andrew Carr<br />

(General Counsel).<br />

Matt lives with his wife and three young children and his<br />

morning commute to Warrington is about 30 minutes. On the<br />

day we met, one of Matt's three children was starting high<br />

school and the conversation he was listening to, between his<br />

son and his wife, as he getting ready for work went along the<br />

lines of "Mum can you look me in the eye and promise me that<br />

if I have that shower my hair will look exactly the same as it<br />

does now?" Oh the joys of children.<br />

Matt's working day has started by 8.00am. Many of the<br />

people in the building are engineers and an early start is fairly<br />

universal. Matt's first job is to check emails, usually a mixture of<br />

the expected and the unexpected as overnight issues might<br />

need his input.<br />

Matt will support a variety of projects through the competition<br />

process to contract placement and then on through its<br />

‘lifetime’ to final completion. Managing time, emails and<br />

meetings is a problem shared by most of us although Matt<br />

feels as an in -house lawyer with the experience he has he is<br />

now able to make his own call as to when he needs to start<br />

getting involved in a project, though always being responsive<br />

to the needs of the business. Recently, Matt has supported<br />

such diverse projects as the construction of the new Box<br />

Encapsulation Plant, contracts for the long term manufacture<br />

and supply of stainless steel boxes (both of these projects<br />

being important to the company’s decommissioning strategy),<br />

a significant logistics contract, the security enhancements<br />

programme, and working with the Technical Directorate on a<br />

wide range of research and development matters.<br />

Matt's started his legal career in <strong>Liverpool</strong> articled with<br />

Weightmans and he qualified as a litigation lawyer. He<br />

became very interested in professional indemnity litigation and<br />

worked for Tony Ensor at Weightmans before moving on to<br />

Beachcrofts in Birmingham to specialise in professional<br />

indemnity litigation.<br />

Matt told me indemnity work was one of the best introductions<br />

both to a new area of the country and areas of law and he<br />

dealt with a range of litigation, including, as it was sadly a<br />

busy time for that type of work, a large number of cases<br />

relating to property claims but at least it was a job where a lot<br />

of "law" was involved and he enjoyed delving into legal issues<br />

around causation and loss.<br />

Having done this work for some time, he was aware<br />

Beachcrofts were forming a new NHS litigation team in<br />

Birmingham. Whilst this area was not necessarily one he had<br />

covered before, but he was very interested and took the view<br />

if you "don't ask you don't get" and so he managed to<br />

negotiate another move into this new team. Again, he<br />

enjoyed the work and was able to deal with new legal issues<br />

and, from what he told me, dealt with some quite harrowing<br />

matters. Beginning to get disenchanted with the type of claim<br />

some people were prepared to bring he felt another move<br />

was necessary and applied for and joined Beachcroft's newly<br />

developed commercial projects team in Bristol.<br />

Matt's a great example of taking control over one's career and<br />

being prepared to ask for and be willing to move into new<br />

areas and keep work fresh and interesting.<br />

Gill Edwards is keen that the team covers a wide range and<br />

mix of commercial contracts so knowledge is expanded and<br />

developed across new areas. EU procurement is a big area for<br />

them as well as a mix of commercial and construction<br />

contracts, Sellafield Ltd being considered the largest building<br />

site in Europe. Work is kept in-house unless the team does not<br />

have the resource or expertise to cover a project in which<br />

case the work is outsourced to external lawyers with one of the<br />

in-house team retaining oversight and control. The team do<br />

have to manage a legal budget and keep tight control of<br />

fees, external work is priced and billed accordingly.<br />

Matt’s role means that he splits his time between Warrington<br />

and Cumbria, which means he often makes the 300 mile round<br />

trip to the Sellafield site.<br />

Matt has a busy family life, he is also a keen swimmer starting<br />

some "proper training" with a squad in Warrington.<br />

He also has a keen interest in horse racing and music and he<br />

tells me that his first interview at Weightmans was with Michael<br />

Hill, and they spent most of the time discussing choral music, in<br />

fact his second interview at Weightmans was with Michael Ball<br />

and once Michael heard that Matt was a keen football fan<br />

then that was a main focus of discussion. Who says you need<br />

assessments days?<br />

I asked Matt if there was anything else he wanted to tell me<br />

about the job and he simply said that he "loved it" and folk I do<br />

believe he meant it! He knows the legal experience he had<br />

has given him the ability and the experience to do this job and<br />

he is enjoying it.<br />

Sylvia Shephed<br />

DLA Piper


8 NEWS<br />

The Old and the Young<br />

In the evening of our third<br />

day into the GDL induction,<br />

Emlyn Williams, the President<br />

of <strong>Liverpool</strong> <strong>Law</strong> Society was<br />

coming to give a talk. It is<br />

suffice to say, we were all<br />

expecting an elderly, retiring<br />

man who would intermittently<br />

fire lengthy questions at us,<br />

which would leave our palms<br />

sweating and our brows<br />

furrowed. But there Emlyn<br />

stood, a man with youth on<br />

his side and an authentic<br />

enthusiasm generated only<br />

by those who can truly say<br />

they love their jobs. This<br />

instantly made many relax<br />

and upon discovering his<br />

penchant for pictures and<br />

not words, during PowerPoint<br />

presentations, it was a<br />

welcome and unexpected<br />

change at the end of a long<br />

day.<br />

The first slide was Emlyn at<br />

about seven years old with<br />

bright ginger hair and glasses<br />

(two features he championed<br />

as proof he had been a<br />

natural born nerd). Later,<br />

another slide would cement<br />

*NEW* Commercial Litigation Conference<br />

<br />

this assertion, showing his<br />

childhood bedroom<br />

meticulously wallpapered<br />

with newspaper cut outs of<br />

Garfield comic strips.<br />

Although this was very<br />

humorous, he maintained that<br />

unusual idiosyncrasies such as<br />

this, can be very helpful when<br />

pursuing a career in <strong>Law</strong>, as<br />

<strong>Law</strong>yers have to be analytical<br />

(and perhaps down right<br />

peculiar). I revelled in a quiet<br />

hallelujah as I remembered<br />

my tendency as a child to get<br />

up in the middle of the night<br />

and organise my toys and<br />

books. My room was spotless<br />

and whenever I made too<br />

much noise I jumped back<br />

into bed before my perplexed<br />

mother looked in. I still have<br />

never told her this, but it has<br />

now been outed!<br />

Moreover, Emlyn showed us a<br />

picture of his childhood<br />

home, where his parents still<br />

reside. He grew up in a<br />

working class background,<br />

and is evidence that entering<br />

<strong>Law</strong> is open to people from<br />

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other backgrounds, not just<br />

the upper and middle<br />

classes. He studied at the<br />

<strong>Liverpool</strong> Institute, and<br />

originally thought he might<br />

do English. The course was<br />

filled with attractive,<br />

intelligent young girls, but<br />

upon discovering their<br />

extensive knowledge of the<br />

works of Shakespeare and<br />

Charles Dickens, he realised<br />

he didn’t measure up to their<br />

high standards and would<br />

look elsewhere. He became<br />

attracted to the prospect of<br />

studying <strong>Law</strong> and went to<br />

Aberystwyth University, which<br />

although he admitted it<br />

wasn’t the most<br />

cosmopolitan and<br />

aesthetically exciting place, it<br />

prepared him for his future<br />

and gave him a good home.<br />

When he qualified as a<br />

<strong>Law</strong>yer he decided to go into<br />

Employment <strong>Law</strong>. In many<br />

ways, the real excitement<br />

and challenges began. He<br />

relayed a testing but<br />

rewarding experience, in<br />

which he had been<br />

preparing papers for a QC in<br />

order to address the court.<br />

The day before, he was<br />

contacted by said Barrister<br />

requesting the content be<br />

changed. Emlyn and his<br />

colleague stayed up into the<br />

wee hours of the morning<br />

making the alterations and<br />

were in awe of the QC, who<br />

managed to make his<br />

delivery hours later with great<br />

precision and aplomb. Emlyn<br />

further revelled in the<br />

satisfaction of winning a case<br />

that went on for a couple of<br />

years. The client needed<br />

justice and protection,<br />

services provided by Emlyn’s<br />

firm, with him at the helm. This<br />

latter example, was very eye<br />

opening for those of us who<br />

might want to make a<br />

difference as a <strong>Law</strong>yer, who<br />

enjoy the academic rigour it<br />

provides, but do not want to<br />

be embroiled in situations<br />

which regularly occur in other<br />

areas of the <strong>Law</strong>, such as<br />

being stuck in between the<br />

trauma of two family<br />

members fighting over the<br />

custody of a child.<br />

Emlyn impressed upon us the<br />

importance of getting<br />

comfortable with public<br />

speaking, the process of<br />

change and finally, people,<br />

because they are all integral<br />

parts of the job. Psychology<br />

Today revealed that a fear of<br />

public speaking is more<br />

prominent than the fear of<br />

death, so this may be a tall<br />

order for some. Although<br />

some people can get away<br />

with delegating some of their<br />

public speaking, change<br />

cannot be avoided; the <strong>Law</strong><br />

is always developing and<br />

<strong>Law</strong>yers have to<br />

accommodate this.<br />

Finally, Emlyn spoke about the<br />

interaction between <strong>Law</strong>yers<br />

and people and how crucial<br />

it is that this runs smoothly.<br />

This talk was extremely helpful<br />

because learning from<br />

someone who was so<br />

enthusiastic, in such a high<br />

position and who knows what<br />

it is like to be in our shoes was<br />

inspirational, and will no<br />

doubt, continue to ignite our<br />

passion and determination to<br />

achieve our goals.<br />

Holly Wright<br />

Holly Wright<br />

Emlyn Williams aged 7


LEGAL WALK 9<br />

NWLST <strong>Liverpool</strong> Legal Walk 2015<br />

The Legal Profession came together on Thursday 8th October<br />

with participants from the Judiciary, <strong>Law</strong> Firms, Barristers’<br />

Chambers, CILEx and law students to take part in the <strong>Liverpool</strong><br />

8km charity walk. The lead walkers were Emlyn Williams and<br />

Alison Lobb, President and Vice President of <strong>Liverpool</strong> <strong>Law</strong><br />

Society and Andrew Holroyd, CEO of Jackson Canter.<br />

The teams taking part included: Carpenters Solicitors, EAD<br />

solicitors, Scott Rees & Co, Weightmans, WLD (Merseyside),<br />

MJLD, Canter Levin Berg Solicitors, Vauxhall Community <strong>Law</strong> &<br />

Information Centre, Cilex <strong>Liverpool</strong>, DWF, Morecrofts Solicitors,<br />

University of <strong>Liverpool</strong> School of <strong>Law</strong> and Social Justice, Young<br />

Legal Aid <strong>Law</strong>yers, Swain & Co, Maxwell Hodge Solicitors, Parry<br />

& Co, Kevin Edward Costs, QualitySolicitors Jackson Canter,<br />

MSB Solicitors and BPP University<br />

So far the amount raised is a little over £3,500. These funds are<br />

essential for community legal advice services, as they help the<br />

most vulnerable individuals in our society. Each year the NWLST<br />

supports campaigns that help over 2 million families and young<br />

people receive protection, shelter and education. For over 60<br />

years legal advice services have been helping local people to<br />

help themselves.<br />

The <strong>Liverpool</strong> Legal Walk has provided essential support and<br />

funding for legal advice services in the North West region, and<br />

has helped make a considerable impact on the lives of the<br />

most vulnerable in society. The money raised from the walk and<br />

other NWLST fundraising activities has enabled advice services<br />

to further their resources and provide enhanced assistance to<br />

clients. This has directly increased the prospects for many<br />

people seeking legal support and has made a real difference<br />

to those most in need of justice.<br />

Team Weightmans<br />

BPP Manchester<br />

Team Carpenters<br />

Setting off on <strong>Liverpool</strong> Legal Walk 2015<br />

Occupational<br />

Disease Conference<br />

Accredited by APIL Training<br />

Raising funds for NWLST<br />

CILEX <strong>Liverpool</strong><br />

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Team DWF<br />

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10 NEWS<br />

The 2015 Residential Property<br />

Conference<br />

The <strong>Liverpool</strong> <strong>Law</strong> Society<br />

Residential Property<br />

Conference was held on the<br />

30th September, at their<br />

office within The Cotton<br />

Exchange. There was a<br />

turnout of approx. 60<br />

attendees.<br />

I agreed to chair the event<br />

and Jamie Winch of The Land<br />

Registry provided the first<br />

session regarding Local Land<br />

Charges Proposals. Alistair<br />

Guthrie then discussed The<br />

Effect of the Land<br />

Registration Act 2002,<br />

following which delegates<br />

enjoyed a quick refreshment<br />

break.<br />

Denis Cameron got<br />

everybody focused again<br />

with his session covering<br />

Regulatory Issues before<br />

breaking for a much needed<br />

buffet lunch, which gave<br />

delegates the chance to<br />

network.<br />

Denis Cameron, Jamie Winch, Alistair Guthrie, Eddie Goldsmith<br />

Richard Snape took control of the afternoon covering Planning & Building Regulations before the<br />

final session of the day, covering Leasehold Flats: how to deal with management issues.<br />

Thanks go to sponsors Conveyancing Data Services.<br />

Eddie Goldsmith, Goldsmith Williams<br />

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costly, fixed term repayment loans from secondary funders.<br />

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VFS funds the ongoing disbursements incurred on PI, Clinical<br />

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VFS can provide immediate funding against most bills that<br />

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For a no obligation discussion please call 020 3747 9333<br />

or email enquiries@vfslegal.com or visit vfslegal.com


Probate: The Myth of Accounts Integration<br />

v<br />

The buzzword used by many law firms is integration, usually without<br />

understanding what it means, and with-out properly evaluating the<br />

perceived benefits against the actual benefits.<br />

There are many areas of legal work in which software integration is<br />

beneficial, particularly when buying spe-cialist software from<br />

different sources.<br />

It is clearly useful to have a specialist case manage-ment system that<br />

can extract data from your practice management system, and merge<br />

the output to Mi-crosoft Word or to your email system. It is also<br />

funda-mental to be able to enter your basic client details once only<br />

into your practice management system (PMS), where you would<br />

conduct your client identity and mon-ey laundering checks, without<br />

having to enter this data a second time into your case management<br />

system.<br />

Client monies into and out of the firm belong to the do-main of the<br />

client account ledger of your practice man-agement system. Your<br />

cashier or accounts department ensures that the total of your client<br />

accounts always matches the total of client funds in the bank<br />

account. This reconciliation is fundamental.<br />

The issue that I wish to address is the attempt to inte-grate your<br />

probate client accounts with your PMS client ledger. Integration<br />

between the two would mean the ability to make a single entry<br />

posting into both client accounts. Is it feasible or fantasy?<br />

“There is a plethora of detail that you will need to<br />

record in your probate accounting system that has no<br />

place in your firm’s client account, and which is of<br />

minimal concern to your cashier.”<br />

Your cashier is primarily concerned with money in and money out of<br />

your client account, with only marginal concern with the actual<br />

breakdown and analysis of the funds received. What those funds<br />

represent are rela-tively easily managed by the practitioners of the<br />

various departments.<br />

By contrast your probate team will want to know the detail of each<br />

transaction. What is the breakdown of a cheque or transfer from the<br />

stockbroker? How many shares have been sold? What was the value<br />

of the individual shares? Some of them might have been allo-cated to<br />

a specific beneficiary. Were any dividends included in the transfer?<br />

And at which income tax rate?<br />

How will the probate team treat the breakdown of a single transfer<br />

from the bank into the firm’s client ac-count, when that single transfer<br />

might represent more than one bank account? It might well include<br />

an ele-ment of interest.<br />

How will they deal with the distinction between pre and post death<br />

income in the firm’s client account, especial-ly when the statement<br />

arrives from the bank three weeks later. Inheritance tax is due on predeath<br />

in-come, whereas income tax is due on that same pre-death<br />

income, plus post-death income.<br />

Isokon<br />

<br />

“Our terms are 30 days net. It means that if you do<br />

not pay within 30 days, we will come after<br />

you with a net.”<br />

Where will you record the value of the various stocks and shares prior<br />

to any sale by the stockbroker, and prior to any money having been<br />

received by the firm? How will you deal with values when one<br />

beneficiary wants the money for the BT shares, while the others want<br />

to keep the shares? How will your cashier keep track of these<br />

distinctions in the PMS client account?<br />

Your cashier is not fundamentally concerned with these distinctions,<br />

but you will need to record and track the financial breakdown of each<br />

transaction - ideally in a dedicated probate accounting system that<br />

allows you the flexibility that is not available in the firm’s account-ing<br />

system.<br />

It is redundant for your practice management system to contain a<br />

click and pick list of probate registries or fu-neral directors or a list of<br />

stock exchange shares with correct SEDOL and ISIN numbers. Or even<br />

to maintain a profit and loss account for each of 30 plus properties<br />

owned by the deceased for example, some with mort-gages, and<br />

some lease owned, each with various charges against the property.<br />

These features are of little relevance to the other departments in the<br />

firm. Your PMS client account is not designed for the finan-cial<br />

complexity that is an intrinsic part of estate admin-istration.<br />

There is a plethora of detail that you will need to record in your<br />

probate accounting system that has no place in your firm’s client<br />

account, and which is of minimal con-cern to your cashier.<br />

Considering these issues, it is clear that in order to properly manage<br />

your deceased estates, you will need a dedicated probate accounting<br />

system.<br />

You will of course need to reconcile the totals of the two client<br />

accounts from time to time, but trying to inte-grate the two makes no<br />

sense whatsoever. Any such attempt belongs to the realm of IT<br />

mythology.<br />

r<br />

For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.<br />

Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com<br />

Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over<br />

the last 16 years. The company is currently the leading supplier of software for Probate and Private Client work. Isokon is used by 40% of law<br />

firms who do private client work. It is used by more than 2,000 individual users. Isokon is used for the most complex estates, as well as basic<br />

estates. Isokon is based on an accounting database engine with an integrated Isokon case management component.<br />

Alternatively visit www.isokon.com


12 NEWS<br />

What if Google launched a law firm?<br />

“You have to learn the rules of the game and<br />

then play better than anyone else.”<br />

Albert Einstein<br />

A few months ago Google<br />

added car insurance to its<br />

‘Google Compare’ suite of<br />

products, products which<br />

Google says are designed to<br />

help people make confident<br />

and more informed financial<br />

decisions. Did those in the<br />

insurance industry see this<br />

coming? Probably. Can they<br />

do much about it? Probably<br />

not. Are they worried by it? I<br />

should say so.<br />

So I pose this question. What<br />

if Google decided to launch<br />

a full range consumer legal<br />

services business in the UK<br />

tomorrow? Presumably the<br />

venture would be an<br />

alternative business structure<br />

owned by Google. It would<br />

only need to employ one<br />

lawyer as all the legal work it<br />

attracts could be outsourced<br />

to other law firms. And I can’t<br />

imagine there would be a<br />

shortage of law firms willing to<br />

pay for panel slots or leads,<br />

subject to any referral fee<br />

ban issues of course.<br />

It would have little difficulty<br />

generating enquiries. After all,<br />

consumers tend to look for<br />

free advice before they resort<br />

to paying for anything.<br />

Between its search engine<br />

and its video platform,<br />

YouTube, the interface is<br />

already in place and it has<br />

tons of data about its<br />

audience. The chances are<br />

Google knows more about us<br />

than our best friends and<br />

certainly more than any<br />

current law firm.<br />

Those who refuse to play ball<br />

with Google would no doubt<br />

withdraw advertising spend<br />

but it would be a brave firm<br />

that picks a fight with the<br />

Cost & Funding Update<br />

with Prof<br />

essor Dominic R egan<br />

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<br />

world’s leading search<br />

engine. A famous crime<br />

novelist was once asked<br />

where she thought was the<br />

perfect place to hide a body.<br />

Her answer: ‘On page 2 of<br />

Google’.<br />

And what if Google teamed<br />

up with IBM to deliver initial<br />

legal advice backed by IBM’s<br />

artificial intelligence engine. A<br />

service delivered by everfresh-faced<br />

avatars in any<br />

chosen language at any time<br />

of the day or night and<br />

completely free. Many would<br />

scoff at the idea but a few<br />

consumers I know would find<br />

the proposition quite alluring.<br />

There’s an old adage that<br />

says a good leader should<br />

work out what a competitor<br />

could do to wipe out his or<br />

her business and then do it<br />

before the competitor does.<br />

After all, ‘excuse me, but<br />

where have all our clients<br />

AlphaBiolabs, the DNA, drug<br />

and alcohol testing specialist,<br />

has become the first to deliver<br />

next day test results as<br />

standard practice for all legal<br />

DNA cases.<br />

Only previously a service<br />

offered for so called ‘peace of<br />

mind’ cases, the Warringtonbased<br />

laboratory has from this<br />

week become the first<br />

company to offer this service<br />

for its legal cases, without any<br />

additional costs attached.<br />

The reassurance of speed<br />

alongside the industry ISO<br />

17025 accreditation and strict<br />

procedures to maintain chain<br />

of custody, means the service<br />

and results are accepted by<br />

family law courts, The Ministry<br />

of Justice, UK Borders Agency<br />

and The Child Support<br />

Agency.<br />

David Thomas, Managing<br />

Director at AlphaBiolabs,<br />

explained: “We understand<br />

that with the nature of our<br />

service that time is such an<br />

important factor. The results we<br />

provide can be life changing<br />

and we appreciate it can be<br />

a sensitive and worrying time.<br />

“We have pushed the<br />

boundaries and are delighted<br />

to be providing next day results<br />

for all legal DNA cases to help<br />

reduce any unnecessary angst<br />

when anticipating allimportant<br />

results, making the<br />

gone’ is not the most<br />

comfortable question to be<br />

fielding at a team meeting.<br />

So how would you lead your<br />

law firm in responding to such<br />

a threat? Send me your<br />

answers and there are a few<br />

bottles put aside for the most<br />

inventive ones. I found this<br />

excellent wine merchant on<br />

Google.<br />

O’Connors LLP is a <strong>Liverpool</strong><br />

and London-based law firm<br />

that advises law firms,<br />

chambers and other<br />

providers of legal services on<br />

start-ups, structures,<br />

regulation, funding, mergers,<br />

acquisitions and disposals,<br />

contractual arrangements<br />

with third parties and<br />

insurance. For further<br />

information, please contact<br />

Nigel Wallis, Pamela Rafiq or<br />

Mark O’Connor at O’Connors<br />

LLP via<br />

www.oconnorsllp.co.uk.<br />

AlphaBiolabs becomes fastest<br />

testing lab in UK<br />

whole process more effective<br />

and efficient.”<br />

AlphaBiolabs carry out all its<br />

DNA, drug and alcohol testing<br />

and analyses at its own<br />

laboratory, eliminating the<br />

need for external partners.<br />

AlphaBiolabs has recently<br />

expanded its workforce and<br />

invested in state of the art<br />

testing equipment. In addition,<br />

AlphaBiolabs has developed a<br />

network of walk-in centres in<br />

locations across the UK with<br />

centres already in place in<br />

London, <strong>Liverpool</strong>, Manchester,<br />

Preston and Birmingham, to<br />

provide convenience for<br />

sample collection.<br />

Thomas added: “With our<br />

peace of mind home kits<br />

available at Home Bargains<br />

stores, our competitively priced<br />

legal testing and our walk-in<br />

centres providing free sample<br />

collection, DNA testing is more<br />

affordable to families and<br />

clients than ever before.<br />

“When combined with next<br />

day results and processes that<br />

uses the latest technology, we<br />

pride ourselves in offering the<br />

fastest and most affordable<br />

testing available, ensuring<br />

answers are provided quickly<br />

and accurately at a time when<br />

they are needed most.”


Carpenters are a leading provider of claims services to the insurance industry and<br />

their customers and our range of services extends from receiving notification of a<br />

cracked windscreen at one end of the spectrum to the conduct of a multimillion<br />

pound catastrophic injury claim at the other. Carpenters are a well-established<br />

modern law firm and currently employ over 600 staff nationally.<br />

Carpenters are growing at a rapid rate and due to a period of recent expansion we<br />

are recruiting across all areas of the business to support this growth. It is an<br />

exciting time to join a professional, dynamic and progressive firm which provides<br />

endless opportunities for development and progression.<br />

We are looking for talented individuals to join our team and are recruiting for the<br />

following vacancies –<br />

Legal Advisers/Solicitors – Litigation (<strong>Liverpool</strong>, Birkenhead, Haywards Heath)<br />

Legal Advisers – Portal (<strong>Liverpool</strong>, Birkenhead, Haywards Heath)<br />

Legal Advisers – Fraud/LVI (Birkenhead)<br />

Legal Advisers – Defence (<strong>Liverpool</strong>, Birkenhead, Haywards Heath)<br />

Legal Advisers – Litigation/Recoveries (Birkenhead)<br />

Claims Advisers (Birkenhead)<br />

Costs Negotiators/Draftsman – (Birkenhead)<br />

There is a full list of vacancies on our website<br />

www.carpenters-law.co.uk/join/vacancies<br />

For all speculative applications please email your CV and cover letter to<br />

recruitment@carpenters-law.co.uk


14 LOCAL NEWS<br />

Hill Dickinson advises Conygar Investment<br />

Company PLC as it makes two significant<br />

acquisitions<br />

Rowlinsons crowned Best<br />

Conveyancer in the North West<br />

The <strong>Liverpool</strong> office of<br />

international law firm, Hill<br />

Dickinson has advised The<br />

Conygar Investment<br />

Company PLC , on the<br />

acquisition of two<br />

development sites in Wales.<br />

The property investment and<br />

development group has<br />

acquired the freehold of the<br />

former Shell Storage Facility<br />

site near Rhosgoch, Anglesey<br />

for a consideration of £3<br />

million.<br />

The 203 acre brown field site is<br />

located approximately 3 miles<br />

from Amlwch Port and 6.5<br />

miles from the site of the<br />

existing and proposed Wylfa<br />

Nuclear Power Station.<br />

Hill Dickinson also advised the<br />

group on the acquisition of a<br />

9.96 acre freehold serviced<br />

development site at Cross<br />

Hands, South Wales from<br />

Sainsbury’s Supermarkets<br />

Limited. This site benefits from<br />

a detailed planning consent<br />

for a 90,792 gross sq ft food<br />

store with a 6 pump petrol<br />

station and 495 car parking<br />

spaces.<br />

Pam Jones, partner in the<br />

property team at Hill<br />

Dickinson, said: “We’re<br />

delighted to have worked<br />

alongside Conygar to secure<br />

these two significant additions<br />

to their investment portfolio.<br />

Both sites provide substantial<br />

opportunity for development<br />

that could deliver a sizeable<br />

return on investment.”<br />

Robert Ware, chief executive<br />

of Conygar added: “We are<br />

delighted to have completed<br />

these two transactions and I<br />

wish to thank Pam and her<br />

team for their excellent<br />

service in completing these<br />

acquisitions, which is much<br />

appreciated.”<br />

Rowlinsons Solicitors<br />

enhanced their increasing<br />

reputation by picking up three<br />

accolades at the recent LFS<br />

Gala Dinner and<br />

Conveyancing Awards earlier<br />

this month which were held at<br />

Stadium MK in Milton Keynes.<br />

The Frodsham based law firm<br />

received the prestigious<br />

accolade of Best<br />

Conveyancer in the North<br />

West and as a result they<br />

subsequently advanced to<br />

compete for the title of<br />

Overall Conveyancing Firm of<br />

the Year alongside the other<br />

regional winners.<br />

In the final Rowlinsons were<br />

voted as being the third best<br />

conveyancing firm in the<br />

country and received the<br />

bronze award.<br />

The firm was also highly<br />

commended in the Direct<br />

Conveyancer of the Year<br />

category.<br />

Tom Parkinson, Director and<br />

Head of Property at<br />

Rowlinsons commented ‘We<br />

are extremely honored to<br />

have been recognised three<br />

times at these awards for our<br />

conveyancing services. As<br />

Head of the Property team I<br />

am particularly proud of the<br />

entire team's achievement<br />

which is thoroughly deserved<br />

and reflects the commitment,<br />

hard work and effort which<br />

they have demonstrated over<br />

the course of the last year.”<br />

"Winning the LFS awards<br />

means a great deal to us here<br />

at Rowlinsons. We may not be<br />

a city based practice but that<br />

hasn't stopped us from striving<br />

to deliver the highest<br />

standards in property law<br />

services to our clients. It's an<br />

ethos that runs throughout<br />

Rowlinsons and is not confined<br />

to our property team. Every<br />

one of our employees has<br />

contributed to this award and<br />

we are very proud of their<br />

hard work and dedication."<br />

This course will<br />

provide<br />

practitioners with an update on<br />

case law and legislative<br />

developments over the<br />

last year.<br />

<br />

Company<br />

<strong>Law</strong> Update<br />

<br />

<br />

Edwards<br />

v<br />

As<br />

hik<br />

[2014]<br />

EWHC 2454 on fraudulent<br />

misrepresentation<br />

<br />

Polypearl Ltd<br />

v Eon Energy Solutions [2014] EWHC 3045<br />

on direct and indirect loss<br />

<br />

Ramsey v Love<br />

[2015] EWHC 65 on execution<br />

of<br />

guarantees<br />

<br />

Thwaytes v S<br />

otheby's [2015] EWHC 36 on the standard<br />

of care expected<br />

of specialists<br />

<br />

Barclays v<br />

Grant Thornton LLP [2015] EWHC 320 on<br />

disclaimer of l<br />

iability<br />

by<br />

auditors<br />

<br />

Watts v Watt<br />

s (unreported) 21 August 2014 on illegality<br />

defence<br />

with Chri<br />

s Beanland on Friday 20th Nove<br />

mber<br />

1.30pm<br />

- 4.45pm<br />

CPD 3 Venue: <strong>Liverpool</strong> <strong>Law</strong> Society,<br />

2nd Floor,<br />

Cotton Exchange,<br />

Bixteth Street, <strong>Liverpool</strong>, L3 9LQ.<br />

To<br />

see more information or to book, visit:<br />

www.liverpoollawsociety.org.uk<br />

Andrew Graves, Tom Parkinson &<br />

Denis Stevenson.<br />

With over 60 members Atlantic Chambers is able to offer a wide<br />

range of expertise within our specialist practice groups.<br />

Civil Litigation including Clinical Negligence,<br />

Family, Chancery & Commercial, Crime,<br />

Employment, Proceeds of Crime & Public <strong>Law</strong><br />

4-6 Cook Street, <strong>Liverpool</strong> L2 9QU<br />

T 0151 236 4421 F 0151 236 1559<br />

DX: 14176 <strong>Liverpool</strong> 1.<br />

E-mail: info@atlanticchambers.co.uk


LOCAL NEWS 15<br />

Weightmans Managing and<br />

Senior Partner re-elected for<br />

second term<br />

The Partners of top 45<br />

national law firm Weightmans<br />

have re-elected John<br />

Schorah and Dan Cutts as<br />

Managing Partner and Senior<br />

Partner respectively.<br />

They have been elected<br />

unopposed for a second 3<br />

year term commencing on<br />

the 1st May 2016.<br />

Dan Cutts, who has worked<br />

at Weightmans for 15 years,<br />

commented on the firm’s<br />

ethos:“John and I both share<br />

a real passion for<br />

Weightmans, our people and<br />

most importantly our clients.<br />

We will both continue to<br />

manage and motivate our<br />

teams in our 11 offices across<br />

the country, so that we can<br />

strengthen our business and<br />

continue to exceed client<br />

expectations.”<br />

John Schorah who joined the<br />

firm in 2002 added: “Dan and<br />

I are proud to be re-elected.<br />

For us, the Weightmans way is<br />

about our people delivering<br />

expert knowledge,<br />

outstanding client service<br />

and quality advice,<br />

consistently. As a firm, we<br />

have hired key people,<br />

expanded in the areas our<br />

clients have asked us to, and<br />

are being rewarded by<br />

excellent rankings, awards<br />

and client feedback. We look<br />

to build on our success and<br />

keep moving forward.<br />

Exciting times ahead.”<br />

Weightmans recently merged<br />

with Leeds firm Ford &<br />

Warren, and recently<br />

reported record rankings in<br />

Legal 500 2015. The firm also<br />

took home the Excellence in<br />

Training / Talent<br />

Management in this weeks<br />

The <strong>Law</strong>yer Business<br />

Leadership Awards.<br />

Dan Cutts and John Schorah<br />

The Keith Jones Partnership<br />

Solicitors are nationally<br />

recognised!<br />

The Keith Jones Partnership is<br />

a niche legal practice<br />

specialising in commercial<br />

litigation and debt recovery<br />

based in Birkenhead.<br />

They are very pleased to<br />

announce their re-entry in the<br />

Legal 500 2015 for the fourth<br />

year running. The Legal 500 is<br />

a definitive guide published<br />

annually listing the top law<br />

firms and lawyers across the<br />

UK and inclusion is limited to<br />

those who come most highly<br />

recommended. The practice<br />

is recommended in the<br />

Dispute Resolution category<br />

for the North West, and has<br />

been particularly praised for<br />

their "realistic approach" and<br />

"timely responses".<br />

In further recognition of their<br />

hard work they have also<br />

been shortlisted as a finalist<br />

for the category, “Legal<br />

Services Provider of the Year”<br />

at the prestigious Collections<br />

and Customer Services<br />

Awards 2015. This award<br />

category is open to all debt<br />

collection agencies or law<br />

firms offering litigation and<br />

other legal-based collections<br />

and recoveries services to<br />

creditors in the UK. The<br />

winners will be announced at<br />

a black tie event on 18<br />

November at The Midland<br />

Hotel in Manchester.<br />

Keith Jones, the Managing<br />

Director has said “we are<br />

extremely delighted to have<br />

been nationally recognised<br />

and it is wonderful that our<br />

team’s hard work is<br />

acknowledged in such a<br />

way. To be shortlisted with<br />

other nationally known and<br />

highly regarded law firms and<br />

corporations in the same<br />

categories is an honour for us<br />

and is no mean feat for a<br />

provincial law firm on the<br />

Wirral”.<br />

Training Contract:<br />

Specialist family/child care and crime legal aid<br />

firm Merseyside/Cheshire has opportunity for<br />

exceptional trainee solicitor. Must have solid<br />

work ethic and determination to go the extra<br />

mile. Good academic results important but<br />

practical experience preferred.<br />

Please forward Cv to :- Nicki Turtle<br />

(nickiturtle@bdhsolicitors.com).<br />

no agencies<br />

Social Housing <strong>Law</strong><br />

Niche firm acting for RP clients is considering<br />

a range of qualifications and<br />

experience to help expansion.<br />

Excellent opportunity to join small,<br />

specialist team.<br />

E-mail cv to c.gasparini@knoxellis.co.uk<br />

in strictest confidence


16 LOCAL NEWS<br />

Paul Crowley & Co win ‘Best Property <strong>Law</strong> Firm’ Award<br />

<strong>Law</strong> firm Paul Crowley & Co has won the ‘Best Property <strong>Law</strong><br />

Firm’ Award at a prestigious property event in <strong>Liverpool</strong>.<br />

Taking place on Thursday 15 October, the Your Move Property<br />

Awards celebrated Merseyside’s property market success,<br />

highlighting the region’s most successful residential and<br />

commercial projects.<br />

strong service covering all aspects of property law, so it’s an<br />

honour to be acknowledged amongst the other shortlisted<br />

firms and come home a winner.”<br />

The Best Property <strong>Law</strong> Firm Award, sponsored by Redrow North<br />

West, is awarded to a law firm which has delivered a high level<br />

of professionalism and customer service to its property clients.<br />

Levels of quality of service were measured by mystery<br />

shopping with detailed reports evaluated following several<br />

undercover visits to branches, phone calls and<br />

correspondence with solicitors.<br />

Paul Crowley & Co was up against three other <strong>Liverpool</strong> law<br />

firms on the evening, including MSB Solicitors, Kirwans Solicitors<br />

and Cassell Moore.<br />

Established in 1991 by Paul Crowley, the firm has built a strong<br />

reputation for providing quality legal advice to the<br />

communities of <strong>Liverpool</strong>.<br />

Now a six partner firm, the solicitors is continuing to grow from<br />

strength to strength with the introduction of a new commercial<br />

arm, PCS <strong>Law</strong> in 2015, including the appointment of Rebecca<br />

Fan to Head of Commercial Property.<br />

Tracy Thompson, operations director at Paul Crowley & Co<br />

says: “It’s fantastic to be recognised at this prestigious property<br />

event and win the Best Property <strong>Law</strong> Firm Award. The team at<br />

Paul Crowley & Co always endeavour to deliver the best<br />

customer service to our clients, and the award tonight is<br />

testament to all our staff and their hard work.<br />

“The commercial and residential property departments offer a<br />

Conference For Legal Cashiers & Managers<br />

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<br />

Bennett Williams win Financial &<br />

Professional Services Award<br />

Birkenhead law firm, Bennett Williams Solicitors, have won an<br />

award for financial and professional services firms. On 18<br />

September 2015, they were named as winners of the Financial<br />

& Professional Services Award at the Wirral Business Awards<br />

2015, which took place at Thornton Manor.<br />

The awards, which were hosted by BBC Merseyside<br />

broadcaster, Roger Phillips and his daughter, Ellie Phillips, are a<br />

celebration of business talent in Wirral and Bennett Williams<br />

were recognised for their achievements in the last 12 months.<br />

Richard Bennett, Solicitor and Partner at Bennett Williams, said:<br />

"We are delighted to have won this award and recognition for<br />

the efforts of our team in the last 12 months. The Wirral Business<br />

Awards are a highlight of the business calendar and we would<br />

like to offer our congratulations to all those businesses and<br />

individuals who were shortlisted and thank the Wirral Chamber<br />

of Commerce for organising such an enjoyable event."<br />

Bennett Williams were also shortlisted in the category of<br />

"Sustainability", an award that was eventually won by<br />

Birkenhead-based Finsa UK.<br />

The full list of winners can be viewed at:<br />

www.wirralbusinessawards.com.<br />

<br />

<br />

<br />

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18 LOCAL NEWS<br />

Jackson Canter acquires specialist<br />

Commercial <strong>Law</strong> Firm<br />

Jackson Canter Group, one<br />

of the region’s fastest growing<br />

law firms, has acquired Cope<br />

& Co, a boutique<br />

commercial law firm with<br />

offices in Manchester and<br />

<strong>Liverpool</strong>.<br />

The acquisition further<br />

enhances the Group’s<br />

expansion strategy<br />

announced earlier this year<br />

which will include both<br />

organic growth of its <strong>Liverpool</strong><br />

and Manchester offices as<br />

well as the acquisition of firms<br />

whose culture and ethos is<br />

closely aligned to its own. The<br />

acquisition of Cope & Co<br />

enhances the Group’s<br />

presence in the Commercial<br />

sector.<br />

Paul Cope will be working for<br />

QualitySolicitors Jackson<br />

Canter on a consultancy<br />

basis providing a seamless<br />

transition for Cope & Co’s<br />

clients. The acquisition<br />

coincides with the departure<br />

of Michael Sandys,<br />

QualitySolicitors Jackson<br />

Sports Injury Claims<br />

Canter’s current Head of<br />

Commercial, who will move<br />

on to pastures new at the<br />

end of October. Sarah Nolan<br />

has been appointed to<br />

replace Michael and will be<br />

taking over both the<br />

QualitySolicitors Jackson<br />

Canter Commercial<br />

Department and overall<br />

responsibility for Cope & Co.<br />

Andrew Holroyd, CEO of<br />

Jackson Canter, commented:<br />

“Cope & Co have a<br />

reputation for a high standard<br />

of commercial legal services,<br />

combining innovative<br />

processes with no fuss,<br />

approachable service. Cope<br />

& Co is a natural fit for our<br />

customer centric ethos and<br />

we believe will fit seamlessly<br />

into our operating model. We<br />

are delighted to welcome<br />

them into the Jackson Canter<br />

Group as we continue to<br />

aggressively expand the<br />

business”<br />

Paul Cope said of the move:<br />

“I am delighted that Cope &<br />

<br />

<br />

Level:<br />

update / introductory<br />

Covering:<br />

<br />

Liability of parti<br />

cipants in competitive sport Phee v Gordon Court<br />

of Session (Outer House)04 November 2011[2011]<br />

CSOH 181<br />

<br />

Liability of orga<br />

nisers,Wattleworth v Goodwood Road<br />

Racing Co<br />

Ltd [2004]<br />

EWH<br />

HC 140<br />

(QB)<br />

<br />

Governing bodi<br />

es-Watson<br />

v British Boxing Board o<br />

f Control<br />

Ltd<br />

[2001] Q.B. 1134<br />

<br />

Coaches- Goul<br />

dbourn v Balkan Holidays Ltd [2010]<br />

EWCA Civ<br />

372).Anderson<br />

v Lyotier (t/a Snowbizz [2008] EWHC 2790 (QB)<br />

<br />

Vicarious liabilit<br />

y- Gravil v Carroll [2008] EWCA Civ<br />

689<br />

<br />

Risk Assessmen<br />

t<br />

<br />

Occupiers liabili<br />

ty-<br />

Portsmouth Youth Activities Co<br />

mmittee v<br />

Poppleton [2008]<br />

EWCA Civ 646)<br />

<br />

Volenti-non<br />

fit i<br />

njuria-Anderson<br />

v Lyotier (t/a Sno<br />

wbizz) [2008]<br />

EWHC 2790 (QB)<br />

<br />

Contributory Negligence<br />

on Thursday<br />

26th November 12.30pm - 3.45pm CPD 3<br />

Venue:<br />

Live<br />

rpool <strong>Law</strong> Society, 2nd Floor Cotton<br />

Exchange,<br />

Bixteth<br />

Street, <strong>Liverpool</strong>, L3 9LQ.<br />

To<br />

see more information<br />

or to book, visit:<br />

www.liverpoollawsociety.org.uk<br />

Co will be forming part of the<br />

Jackson Canter Group. It is a<br />

firm that shares our philosophy<br />

for serving clients’ needs in a<br />

transparent and clear way.<br />

Working within a larger<br />

organisation will enable the<br />

provision of an unbeatable<br />

service to our clients”.<br />

<strong>Liverpool</strong> law firm, Cassell<br />

Moore, has expanded its<br />

successful family team with<br />

two new appointments. Sarah<br />

McCarthy joins as a chartered<br />

legal executive and Renn<br />

Moucarry joins as a paralegal.<br />

The appointments further<br />

strengthen the department,<br />

which in its first two years has<br />

received Legal 500<br />

recognition, including: “led by<br />

the ‘brilliant’ Pauline<br />

McNamara, [Cassell Moore]<br />

covers a range of matrimonial<br />

and children law cases.”<br />

Sarah, who qualified with the<br />

Chartered Institute of Legal<br />

Executives (CILEx), has 14<br />

years’ experience and<br />

received national recognition<br />

when she was shortlisted for<br />

Family <strong>Law</strong> Legal Executive of<br />

the Year. She specialises in<br />

financial matters arising from<br />

divorce and private law<br />

children matters.<br />

Renn, who studied <strong>Law</strong> and<br />

Criminology at the University<br />

of <strong>Liverpool</strong>, completed a<br />

Graduate Diploma in <strong>Law</strong><br />

and achieved her Legal<br />

Practice Certificate at BPP<br />

<strong>Law</strong> School. She has a keen<br />

interest in humanitarian work<br />

and spent the summer in<br />

Lebanon helping Syrian<br />

refugees. She is also a<br />

member of Young Resolution.<br />

Commenting on the growth<br />

of the team Pauline<br />

McNamara, Cassell Moore<br />

Head of Family, said: “The<br />

Cassell Moore family team<br />

has quickly earned an<br />

enviable reputation as trusted<br />

family lawyers that you want<br />

on your side. This is due to the<br />

hard work and steely<br />

Andrew Holroyd<br />

Cassell Moore grows its Family<br />

Team<br />

Sarah McCarthy<br />

Renn Moucarry<br />

determination of the team<br />

who always go the extra mile<br />

for their clients.<br />

“Presently, we are receiving<br />

one new instruction every<br />

day, which has led to the<br />

growth of the department.<br />

I’m therefore delighted to<br />

welcome Sarah and Renn,<br />

both of whom make a<br />

fantastic addition to the team<br />

and further strengthen our<br />

existing offer.”


YLAL 19<br />

Young Legal Aid <strong>Law</strong>yers <strong>Liverpool</strong>:<br />

Inform, Involve and Inspire<br />

YLAL <strong>Liverpool</strong> held our first<br />

meeting of the Legal year on<br />

15th October at BPP<br />

University. Aptly named<br />

“Happy New (Legal) Year”,<br />

we welcomed some new<br />

members and reacquainted<br />

ourselves with others after the<br />

summer break. All those who<br />

attended left feeling keen,<br />

enthused and involved.<br />

We had three excellent<br />

speakers. Chris Hoskin spoke<br />

first; he is the Regional<br />

Development Officer in the<br />

North for the Chartered<br />

Institute of Legal Executives<br />

(CILEX). He gave members an<br />

interesting presentation on<br />

the CILEX route into legal<br />

qualification. He explained<br />

the pros and cons of this<br />

route and also made clear<br />

how a qualified Legal<br />

Executive can still go on to<br />

qualify as a solicitor if they so<br />

wish, although he explained<br />

that in the current legal jobs<br />

market it is no longer<br />

necessary to take that extra<br />

step and become a solicitor in<br />

order to reach the top of your<br />

chosen area of law.<br />

Helene Santamera, a trainee<br />

solicitor and Level 2 IAAS<br />

Caseworker in the Refugee<br />

and Human Rights<br />

Department at Jackson &<br />

Canter, gave members an<br />

overview of her route into the<br />

profession via a GDL and then<br />

the LPC. She also talked<br />

about the changes to her<br />

area of law, Immigration and<br />

Asylum, since LASPO<br />

2012.Finally Sarah Griffin,<br />

Junior Barrister at Exchange<br />

Chambers spoke. She talked<br />

about her, “more traditional”<br />

route into law through the LLB<br />

and BPTC. She described the<br />

current issues facing the<br />

Criminal Legal Aid sector and<br />

gave members an overview<br />

of the Criminal Bar<br />

Association’s stance on the<br />

Ministry of Justice’s proposed<br />

changes. Both of the lawyers<br />

gave very passionate<br />

arguments as to why they<br />

chose to practice in the legal<br />

aid sector. They spoke<br />

rousingly on the importance<br />

of young lawyers and students<br />

continuing to follow their<br />

passion into the traditionally<br />

legally aided areas of law but<br />

were open and honest about<br />

the difficulties and challenges<br />

they would be likely to face<br />

on their journeys.<br />

Our next meeting, “Human<br />

Rights in Practice”, is due to<br />

be held on 3rd December, 6-<br />

8pm at <strong>Liverpool</strong> University<br />

<strong>Law</strong> Clinic. We have called<br />

“Human Rights in Practice”<br />

There has, understandably,<br />

been an increased interest in<br />

the Human Rights Act since<br />

the Conservative party have<br />

announced the possibility of<br />

repealing the Act and<br />

replacing it with a British Bill of<br />

Rights. This meeting will give<br />

members an idea of how the<br />

Act is applied in practical<br />

terms by lawyers on a daily<br />

basis. We will also give time<br />

for questions and answers<br />

and an open discussion on<br />

how the proposed changes<br />

may affect member’s own<br />

areas of law. We will have<br />

three speakers who will be<br />

discussing their roles as<br />

solicitors in Actions Against<br />

the Police and Mental Health<br />

law and are also hoping to<br />

secure a <strong>Liverpool</strong> barrister to<br />

speak.<br />

Come and get Involved!<br />

Please visit and like us on<br />

Facebook for updates and<br />

further details about events<br />

https://www.facebook.com/<br />

YoungLegalAid<strong>Law</strong>yersLiverp<br />

ool<br />

Sign up to our Google Group<br />

and mailing list.<br />

https://groups.google.com/fo<br />

rum/#!forum/ylal-liverpool<br />

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20 NEWS<br />

Cellar Beware!<br />

In the current market with<br />

high moving costs; basement<br />

conversions are no longer the<br />

preserve of the superheroes<br />

like Batman. Landlords<br />

seeking to increase lettable<br />

space or families needing to<br />

add extra rooms are<br />

increasingly looking<br />

underground for additional<br />

space.<br />

If your client simply wants to<br />

change a cellar into living<br />

space, this may be regarded<br />

as a change of use and may<br />

not require planning<br />

permission. However if plans<br />

includes structural works (such<br />

as a new light well) then it<br />

may be required. It will also<br />

be needed if new selfcontained<br />

accommodation is<br />

created. Works altering the<br />

exterior may also require<br />

planning permission.<br />

Where the plan is to excavate<br />

new underground<br />

accommodation then<br />

planning will be a necessity.<br />

Whatever the requirement for<br />

planning permission, works to<br />

extend the property will<br />

always require Building<br />

Regulations approval. These<br />

cover both the structural<br />

soundness of the extension<br />

and arrangements for<br />

continued use (such as fire<br />

safety arrangements, use of<br />

potentially toxic materials and<br />

Electrical safety). Basement<br />

conversions will often require<br />

extensive damp proofing<br />

works (including tanking)<br />

which will need Building<br />

Regulations approval.<br />

Listed Buildings or properties<br />

within a Conservation Area will<br />

be subject to extra controls if<br />

the works affect the<br />

appearance or character of<br />

the building. When the interior<br />

is listed then consent may be<br />

needed for internal works.<br />

When basement conversions<br />

are being planned for a<br />

terraced or semi-detached<br />

building; you will need to<br />

advise your client about Party<br />

Wall Act requirements. The<br />

Party Wall Act 1996 sets out<br />

when an agreement is<br />

required and the procedure<br />

to be followed.<br />

When acting for a buyer you<br />

should always consider these<br />

points where the property has<br />

or appears to have been the<br />

subject of a basement<br />

conversion. Standard precontract<br />

enquiries should<br />

reveal any works but where<br />

there is any indication that<br />

works have been carried out<br />

or where further information is<br />

required additional enquiries<br />

should be raised. You will need<br />

to see relevant planning<br />

permissions or (in their<br />

absence) evidence of why<br />

they were not sought; building<br />

regulations approval and<br />

listed building consents (where<br />

applicable). Plans should be<br />

checked to see if any Party<br />

Wall Act notices were required<br />

and whether any works have<br />

encroached onto<br />

neighbouring land.<br />

Where it becomes clear that<br />

relevant approvals or consents<br />

were not obtained or where<br />

other defects are revealed<br />

then Indemnity Insurance may<br />

be available and you should<br />

require the seller to obtain this<br />

or to make allowance for the<br />

cost of this. Stewart Title<br />

Limited are able to offer a full<br />

complement of policies to<br />

protect a buyer in these<br />

circumstances and full details<br />

of these can be obtained<br />

from us.london@stewart.com<br />

or 02070107820)<br />

To discuss the issues raised in<br />

this article or for any other<br />

queries you have regarding<br />

our products, please contact<br />

Robert Kelly on 07415 240 703<br />

or robert.kelly@stewart.com.<br />

Robert Kelly, Commercial<br />

Business Development<br />

Manager, Stewart Title Limited<br />

Robert joined Stewart Title in<br />

2013 after 25 years of<br />

experience as a Commercial<br />

Property lawyer specialising in<br />

development and portfolio<br />

management. This experience<br />

plays a vital part in his role<br />

working closely with the<br />

Property industry to use<br />

Indemnity Insurance to resolve<br />

title problems and speed up<br />

transactions.<br />

<br />

<br />

<br />

<br />

<br />

<br />

-<br />

-<br />

- <br />

-<br />

-


Amy’s first<br />

day of school<br />

began with<br />

an indemnity<br />

policy from<br />

Stewart Title.<br />

The first day at a new school is an important one. So when the Miller family found their<br />

dream home near the perfect school for their daughter, Amy, their lawyer knew he<br />

could count on Stewart Title to ensure a speedy exchange of contracts. Our policies<br />

are accepted by a wide range of lenders, so the Millers and their lawyer could move<br />

swiftly and safely. That meant the Millers could settle into their new home in time for<br />

Amy’s first day of school – and that’s just the kind of service we can provide to you.<br />

Contact us today to see what we can do for you.<br />

Call 020 7010 7820 or visit stewarttitle.co.uk.<br />

© 2015 Stewart. All rights reserved.


16 22 NEWS LAW SOCIETY NEWS<br />

Council Member’s Report<br />

There has been no Council<br />

meeting since my last<br />

Report in <strong>Liverpool</strong> <strong>Law</strong> in<br />

September. The next<br />

Council Meeting is<br />

scheduled for 28 October,<br />

after the deadline for this<br />

issue, and so I will report<br />

upon that meeting for the<br />

December issue. I did<br />

attend a Membership Board<br />

meeting on the 6 October,<br />

upon which I reported at<br />

the LLS General Committee<br />

Meeting on 13 October.<br />

Issues discussed included<br />

Veyo, the Legal Sector<br />

Alliance, Solicitor Brand and<br />

The Logo, Pro Bono and a<br />

Pro Bono Guide, and the<br />

potential for a Civil and<br />

Commercial Mediation<br />

Accreditation Scheme run<br />

by the <strong>Law</strong> Society. If<br />

anyone has any enquiry<br />

points re the above, please<br />

contact me.<br />

We also discussed the fact<br />

that despite the<br />

announcement by the <strong>Law</strong><br />

Society of the vacancy for<br />

the Co Council Member for<br />

Merseyside and District,<br />

inviting candidates to stand,<br />

no one had put their name<br />

forward. When I raised this<br />

issue, there was a sea of blank<br />

faces at the table. Upon<br />

further enquiry it seems that<br />

the position was adveritised<br />

on the ( TLS )website, in PU,<br />

and by email to all Council<br />

members. For by-elections, TLS<br />

tend to use the website rather<br />

than hard-copy Gazette,<br />

though they do use the latter<br />

for the ‘main’ annual<br />

elections. Exploring additional<br />

and /or alternative media,<br />

which could be more<br />

effective for future adverts,<br />

may be sensible. Any<br />

thoughts ?<br />

In any event, I believe the<br />

Secretaries of the relevant<br />

local law Societies, Wigan,<br />

Warrington , Southport and<br />

Ormskirk , and <strong>Liverpool</strong> , have<br />

now been contacted direct ,<br />

and I understand they have<br />

the situation in hand and that<br />

there are now volunteers<br />

available to stand for election<br />

which is great. A volunteer is<br />

always better than a pressed<br />

person, but how anyone<br />

could be pressed in this<br />

situation I do not know.<br />

Incidentally, a by election in<br />

Yorkshire resulted in the same<br />

difficulty.<br />

The awarding of legal aid<br />

contracts has now taken<br />

place, and my<br />

commiserations to all those<br />

who were disappointed. The<br />

process has, in my view, been<br />

conducted in a shambolic<br />

and farcical way which<br />

completely shows up the<br />

MOJ , and seriously calls into<br />

question their competence.<br />

Important issues seriously<br />

affecting peoples livelihoods,<br />

and deadlines given cannot<br />

be met. Many people have<br />

commented elsewhere so I<br />

shall not belabour my own<br />

incredulity, but I am conscious<br />

that if we as lawyers miss<br />

deadlines, we are in the goo.<br />

The goo is created by the<br />

edicts of the MOJ and their ilk,<br />

but do they need to meet<br />

deadlines…………..?. It is a<br />

totally disrespectful shocker in<br />

my view.<br />

By the time of the next report,<br />

the LS Strategy will have been<br />

announced. Let me have<br />

your views on it when you<br />

have read it. Don’t just let is<br />

pass you by. The profession<br />

did that with Clementi. This is<br />

not so fundamental, but it<br />

affects your profession , so<br />

please read it and express<br />

your view<br />

Charlie Jones<br />

Weightmans LLP<br />

Council Member Merseyside<br />

and District<br />

Charlie.jones@weightmans.com<br />

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Gill Payne, Director of Policy<br />

and External Affairs at the<br />

National Housing Federation<br />

(NHF), spoke candidly about<br />

the challenges faced by the<br />

housing sector and how<br />

changing perceptions of<br />

housing associations is key to<br />

the future of the sector.<br />

Sharing her thoughts with over<br />

200 delegates who had<br />

gathered at the annual North<br />

West Housing Conference, Gill<br />

explained there are differing<br />

views of the sector across<br />

Government; at a local level<br />

relationships are usually very<br />

good but at a national level<br />

the social housing sector<br />

needs to build relationships<br />

with ministers at the centre of<br />

Government. She urged the<br />

sector to concentrate its<br />

efforts on changing<br />

perceptions and promote the<br />

role of housing associations in<br />

society and the positive work<br />

they do.<br />

Gill advised the sector to look<br />

for ways to promote its proud<br />

history, adaptability and<br />

resilience, its strong local<br />

relationships, its ability to<br />

deliver over the long term, its<br />

core charitable purpose to<br />

house people in need and<br />

how it supports aspiration. In<br />

addition, she said there are<br />

real opportunities for housing<br />

associations within the areas<br />

of localism, devolution and<br />

the development of the<br />

Northern Powerhouse.<br />

Gill also touched on the<br />

impending changes to the<br />

housing landscape following<br />

the recent publication of the<br />

Housing and Planning Bill. She<br />

told delegates how the NHF<br />

want to rebuild a relationship<br />

with Government based<br />

where possible on delivering a<br />

shared ambition on supply<br />

and opening up ownership<br />

but she warned that there is a<br />

long journey ahead and that<br />

the full picture on Right to Buy<br />

won’t become clear until the<br />

end of 2016.<br />

Speaker Matt Jones, Director<br />

of Customer Operations at<br />

ForViva, focussed on the<br />

need to establish better links<br />

between health and housing<br />

when he addressed the<br />

region’s housing community<br />

at the event. Due to the<br />

increasing need to cater for<br />

an ageing population, he said<br />

social housing providers have<br />

a real opportunity to put<br />

strategies in place which<br />

protect the future of the<br />

social housing environment.<br />

He spoke about housing<br />

associations having access to<br />

the areas of greatest health<br />

inequality and how there<br />

needs to be a shift towards<br />

services in the community<br />

with more emphasis on<br />

prevention and self reliance.<br />

Matt then went on to say that<br />

housing associations have to<br />

be more than landlords and it<br />

makes business sense to see<br />

health improvements which<br />

will result in asset protection,<br />

income protection and<br />

income opportunities. He<br />

suggested collaboration<br />

between health, social care<br />

and housing could see the<br />

housing sector become the<br />

partner of choice for the<br />

health sector in the future.<br />

Attendees also heard a local<br />

perspective on housing from<br />

Deborah McLaughlin, Chief<br />

Executive of Manchester<br />

Place, a unique collaboration<br />

between Manchester City<br />

Council and the Homes and<br />

Communities Agency formed<br />

to accelerate the pace and<br />

quality of housing<br />

development in the city.<br />

Deborah spoke about how<br />

Manchester Place’s role is to<br />

create a pipeline of private<br />

and public sector schemes<br />

and work with developers<br />

and funders to identify new<br />

opportunities to help the city<br />

meet its target of creating<br />

55,000 new homes by 2027.<br />

The initiative will also<br />

collaborate with housing<br />

associations to develop a<br />

programme of affordable<br />

homes/shared ownership. It<br />

will support developers and<br />

house builders to access<br />

public finance, including the<br />

£300m Greater Manchester<br />

Housing Fund which is<br />

available as part of the<br />

Manchester devolution<br />

agreement.<br />

The conference included a<br />

panel session called<br />

"Foundations for the Future",<br />

which featured up and<br />

coming young housing<br />

professionals Ben Osu,<br />

Community Project Officer,<br />

Your Housing Group; Natalie<br />

Pryor, Customer Involvement<br />

Officer (Co-Regulation),<br />

<strong>Liverpool</strong> Mutual Homes;<br />

Danielle Sheldon,<br />

Neighbourhood Team Leader,<br />

The Regenda Group; Chris<br />

Fray, Business Intelligence and<br />

Customer Insight Manager,<br />

ForViva; and Michael Arndt,<br />

Corporate Project Manager,<br />

The Riverside Group.<br />

Delegates heard the panel’s<br />

ideas for the future of social<br />

housing and their opinions on<br />

whether social media is a way<br />

forward for interaction with<br />

tenants, how housing<br />

associations can provide in an<br />

era of austerity and how they<br />

can make a positive impact<br />

in order to benefit their<br />

customers.<br />

Housing specialists also<br />

presented a programme of<br />

workshops, offering practical<br />

advice on a range of topics<br />

specific to the sector,<br />

including improving the links<br />

between health provision and<br />

housing, catering for an<br />

ageing population and<br />

empowering communities.<br />

The event was chaired by<br />

Derek Long, Director, arc4.<br />

Brabners and Mitchell<br />

Charlesworth hosted the<br />

conference at <strong>Liverpool</strong>’s BT<br />

Convention Centre with<br />

support from a project group<br />

made up of ForViva, <strong>Liverpool</strong><br />

Mutual Homes, Riverside,<br />

Symphony Housing Group, The<br />

Regenda Group and Your<br />

Housing Group – and<br />

additional sponsorship from<br />

Procure Plus and PSL Print<br />

Management.<br />

Alistair Fletcher, Partner at<br />

SOCIAL HOUSING 23<br />

Changing perceptions is key to the<br />

future of the social housing sector<br />

Derek Long – arc4, Deborah McLaughlin – Manchester Place,<br />

Alistair Fletcher – Brabners, Gill Payne – National Housing<br />

Federation, Matt Jones – ForViva, Paul Wainwright – Mitchell<br />

Charlesworth<br />

Brabners, which has one of<br />

the largest housing and<br />

regeneration specialist legal<br />

teams in the North West, said:<br />

“This was a very timely<br />

conference. The Government<br />

has made clear its intentions<br />

for the sector and this<br />

conference provided<br />

delegates with an<br />

opportunity to consider how<br />

they should respond. There<br />

are, as everyone<br />

acknowledges, many<br />

challenges that lie ahead but<br />

there are also opportunities<br />

for those who are willing to<br />

grasp them.”<br />

Social housing specialist and<br />

Partner at Mitchell<br />

Charlesworth, Paul<br />

Wainwright said: “We have<br />

heard speakers talking about<br />

the significant changes that<br />

the sector is currently<br />

experiencing. Despite the<br />

pressures this will inevitably<br />

bring, it was pleasing to hear<br />

the young speaker panel and<br />

their confidence in the<br />

sector’s ability to react to the<br />

changes and continue to be<br />

a major player in the<br />

construction and<br />

management of affordable<br />

housing in the future. It was<br />

good to see the strength and<br />

depth of personnel from the<br />

various housing providers on<br />

the panel.”


24 CHARITY & CSR<br />

Charity and CSR Matters<br />

Hello and welcome to our<br />

Charity and CSR Pages!<br />

I’m Matt Smith from the<br />

Employment <strong>Law</strong> team at<br />

Weightmans and I’ve<br />

volunteered myself to edit<br />

this section. Charity and CSR<br />

has always featured heavily<br />

in <strong>Liverpool</strong> <strong>Law</strong> but we<br />

wanted to give more of a<br />

focus to the great things<br />

you are doing in this area<br />

and also to tell you more<br />

about how you can use<br />

your professional skills to<br />

benefit the people and<br />

charities who are most in<br />

need of them. If you have<br />

taken part in a sponsored<br />

challenge, hosted a<br />

charitable event or done<br />

some pro-bono work that<br />

you want to shout about<br />

then send me an article.<br />

Equally, if you want to get<br />

other lawyers involved in<br />

offering pro-bono advice,<br />

know of an opening for a<br />

charity Trustee or want us to<br />

feature a particular charity,<br />

then let me know too.<br />

Finally, for those easily<br />

offended, apologies for the<br />

picture of me in shorts<br />

singing at Weightstock IV!<br />

Matthew.Smith@Weightmans.com<br />

Weightstock IV<br />

Mind the Gap<br />

Conference<br />

<strong>Liverpool</strong> <strong>Law</strong> Society’s Mind the Gap conference took<br />

place at the University of <strong>Liverpool</strong>’s Eleanor Rathbone<br />

building on 30 September 2015.<br />

The Conference was chaired by Chris Topping and hosted a<br />

number of speakers from <strong>Law</strong> Works, the <strong>Law</strong> Centres<br />

Network, CAB, LJMU and University of <strong>Liverpool</strong> law clinics,<br />

Jackson & Canter and Hill Dickinson. Attendees heard<br />

about the areas in which legal aid is still available, what free<br />

legal advice services are currently available in Merseyside<br />

and the difficulties that these services face in meeting<br />

demand.<br />

The event was attended by roughly 70 delegates and<br />

resulted in a lively debate as to what more our profession<br />

could to help fill the gap in services in Merseyside. Following<br />

that debate, it has been agreed the <strong>Liverpool</strong> <strong>Law</strong>’s CSR<br />

pages will carry volunteer opportunities for those working in<br />

law firms in Merseyside. So please keep an eye on these<br />

pages from now on for opportunities such as how to get<br />

involved in law clinics, provide pro-bono advice to charities<br />

or even become a trustee of charity.<br />

For the fourth time in as many<br />

years the <strong>Law</strong>yers and staff of<br />

national law firm Weightmans<br />

LLP swapped their computers<br />

for Amps and their desks for a<br />

stage in what has become<br />

the must-see event of the<br />

calendar, Weightstock.<br />

Returning to the Arts Club on<br />

Seel Street for the second<br />

time, hundreds of staff,<br />

friends, relatives and<br />

members of the public saw a<br />

group of amateur musicians<br />

entertain the crowd for three<br />

hours solid. Made up mainly<br />

of Weightmans staff, the<br />

bands did themselves proud<br />

putting on sets that many<br />

professional musicians would<br />

be proud of.<br />

The night started off with<br />

Funny Boy 3 featuring Partner<br />

Charlie Jones showing<br />

everyone how to be a<br />

frontman and Finance<br />

Director Tony Cannon<br />

providing back up on the<br />

guitar. Their set was a mix of<br />

all genres, styles and tempo’s<br />

and won’t easily be<br />

forgotten.<br />

The difficult job of following<br />

them went to State of Flux.<br />

Led by Finance Manager<br />

Pete Taggart they cranked<br />

the volume up to 11 with a<br />

rousing mix of Rock, Indie,<br />

Punk and Grunge. They<br />

finished the night with a<br />

snippet of the Star-Spangled<br />

Banner and the incredible<br />

sight of two drummers playing<br />

in perfect (and very quick)<br />

time!<br />

Turning the volume back<br />

down from ear-drum<br />

threatening levels, but<br />

ramping up the fun were<br />

Eclectic Nature, featuring<br />

Gwen Mensah and<br />

Weightstock newcomer<br />

Victoria Cargill. True to their<br />

name their set was truly<br />

Eclectic, mixing in something<br />

from pretty much any genre<br />

you could think of!<br />

Rounding off the concert<br />

were Weightstock regulars<br />

Swimming in Fear. Fronted<br />

with extreme energy by Matt<br />

Smith they reeled off some<br />

truly inspiring tunes, all<br />

backed up by backing<br />

dancers from the <strong>Liverpool</strong><br />

Institute of Performing Arts.<br />

They were cheered back on<br />

stage for an encore and<br />

rounded off the night with the<br />

obligatory confetti cannons!<br />

The crowd all left happy and<br />

disappeared into the night,<br />

already planning their<br />

calendars for next years<br />

concert.<br />

The event raised money for<br />

the charity Variety, which<br />

helps children dealing with<br />

sickness, disability or other<br />

disadvantages. The final<br />

fundraising total is still to<br />

come in with photo’s of the<br />

event to go on sale soon.<br />

Alun Evans<br />

Credit Controller<br />

Weightmans LLP


CHARITY & CSR 25<br />

Volunteering Opportunities<br />

Following the “Mind the Gap” those organisations providing free<br />

legal advice in <strong>Liverpool</strong> were asked to provide a detailed “wish<br />

list” so that <strong>Law</strong> Society members can contribute their talents<br />

and resources. Here is their response:<br />

Legal Advice Centre<br />

<strong>Liverpool</strong> John Moores University’s Legal Advice Centre (“LAC”)<br />

was established in April 2014 and is based in the School of <strong>Law</strong>,<br />

Brownlow Hill. The LAC’s clinics advise on family, employment,<br />

wills & administration and commercial law advice. It also runs<br />

drop in clinics in family and commercial law.<br />

The LAC is hoping to pilot a housing drop-in clinic during this<br />

academic year and would welcome volunteers able to advise<br />

in this area. Volunteers should be prepared to offer a total<br />

commitment of ten hours per academic year, to include<br />

assistance with training our students and supervising and<br />

advising the clinic itself, which will be based in the University and<br />

will run twice a month during an initial four month period.<br />

The LAC is also experiencing a huge demand for family law<br />

advice and is seeking anyone able to commit to advising at<br />

one or more of our two hour drop-in sessions.<br />

Contact:<br />

Rachel Stalker, Legal Advice Centre Coordinator<br />

T: 0151 231 3530<br />

E: R.Stalker@ljmu.ac.uk<br />

<strong>Liverpool</strong> <strong>Law</strong> Clinic<br />

University of <strong>Liverpool</strong>, is a well-established Clinic offering a<br />

general legal advice service (especially employment, family,<br />

housing, small claims, and occasionally commercial law) and a<br />

specialist asylum and statelessness project.<br />

We also have on-going work on criminal appeals and<br />

Hillsborough Inquests with Broudie Jackson Canter solicitors, and<br />

work with the CAB focussing on welfare benefits cases.<br />

The Clinic has identified the following as particular needs at<br />

present:<br />

1. Volunteers to supervise in our free legal advice service. The<br />

time commitment involved is a minimum 5 hours to supervise a<br />

single case, including a two hour period in the Clinic to<br />

supervise a client interview. However, the time commitment<br />

can vary and some complex cases take additional time to<br />

supervise. Ideally volunteers would be prepared to supervise<br />

one case twice a year. Volunteers need to be fully qualified.<br />

2. Case referrals – can you take on a pro bono case once or<br />

twice a year? Some of our clients using our general advice<br />

service very much need a legal representative and we cannot<br />

offer this ourselves; because of legal aid cuts there is nowhere to<br />

refer them for representation.<br />

3. Typing – our legal staff members are self-servicing and<br />

secretarial support would expand our capacity considerably.<br />

Can your firm offer to type about 20 letters maximum a week<br />

mostly for our immigration and asylum cases?<br />

4. Billing – our solicitors conduct around five judicial review cases<br />

per year, sometimes funded by legal aid, and these matters<br />

sometimes have a pro bono costs order or a legal aid order and<br />

require bills to be drawn up.<br />

5. Funding – can you include us as a recipient of charitable<br />

funds raised by your firm or money that cannot be returned<br />

from your client account? Our immigration and asylum work<br />

involves disbursements for interpreters, medical reports<br />

documenting torture and psychiatric conditions and expert<br />

reports on country conditions. Our clients cannot obtain legal<br />

aid and many are totally destitute. A single case can involve<br />

many hours of client appointments, and we estimate that the<br />

cost for interpretation if the client does not speak English is, on<br />

average, £400. We have some funding for this from the North<br />

West Legal Support Trust and from the Access to Justice<br />

Foundation, but are always grateful for more support for this<br />

work.<br />

Contact:<br />

Sarah Woodhouse, <strong>Liverpool</strong> <strong>Law</strong> Clinic Director<br />

T: 0151 794 5782<br />

E: s.woodhouse@liv.ac.uk<br />

<strong>Law</strong>Works – supporting pro bono<br />

<strong>Law</strong>Works is a charity working to support and facilitate the<br />

provision of legal pro bono. Pro bono is not, and should not<br />

become, an alternative to legal aid, but it makes an important<br />

contribution to enabling access to advice and representation.<br />

We support a network of independent local clinics across<br />

England and Wales, and provide assistance for lawyers,<br />

trainees, law students and others seeking to establish new pro<br />

bono clinics. We provide information and resources for clinics<br />

and volunteers, including online materials from our training<br />

events, and promote pro bono volunteering opportunities for<br />

our member firms and in-house legal teams.<br />

Through our Not-for-Profit programme we connect smaller<br />

charities and community groups with lawyers, from among our<br />

members, willing to provide advice and support on a range of<br />

legal issues. These could include, for example, drafting a<br />

contract, reviewing a lease, updating a constitution/articles, or<br />

clarifying rights in a commercial dispute. We ask about an<br />

organisation’s ability to pay for legal advice, and ensure<br />

volunteer lawyers have the information they need before<br />

applications are accepted. Further information, and details of<br />

how charities and communities groups can apply, is available<br />

on the <strong>Law</strong>Works website at www.lawworks.org.uk<br />

Contact:<br />

For information about local clinics and <strong>Law</strong>Works, including our<br />

membership, regional events and training, visit our website or<br />

contact Olga at olga.ivannikova@lawworks.org.uk<br />

Sanctions & Default<br />

2015/16<br />

with Professor<br />

Domini c Regan<br />

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26 MARKETING<br />

Bespoke marketing solutions<br />

for law firms<br />

Estates and <strong>Law</strong> was established in 1987 to provide<br />

progressive law firms and estate agents with high-quality,<br />

bespoke Client Care Portfolios, totally free of charge.<br />

During the 1990s the Poulton-Le-Fylde based business<br />

established a relationship with the <strong>Law</strong> Society and the Office<br />

for the Supervision of Solicitors and were instrumental in<br />

assisting law firms to integrate Rule 15 into the practice as well<br />

as helping to develop and enhance client care procedures.<br />

The majority of law firms are aware how both their marketing<br />

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To date, Estates and <strong>Law</strong> have worked with over 2000 law firms<br />

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<strong>Liverpool</strong> <strong>Law</strong> Society Employment<br />

Conference<br />

LOCAL NEWS 27<br />

<strong>Liverpool</strong> <strong>Law</strong> Society’s Employment <strong>Law</strong> Conference took<br />

place on 14 October 2015, attracting a wide variety of<br />

employment law practitioners. In addition to representatives of<br />

local private practice firms, we were joined by lawyers working<br />

in-house, in the public sector and within fixed fee practices.<br />

We were thrilled to be joined by Judge Brian Doyle, President of<br />

the Employment Tribunals, who gave the keynote address.<br />

Judge Doyle provided a unique insight into the impact of<br />

recent developments such as the introduction of tribunal fees<br />

and early conciliation on the Tribunals, as well as a round-up of<br />

future proposals for reform.<br />

Next up was Ed Morgan of 9 St John Street Chambers, who<br />

provided a comprehensive review of data protection issues,<br />

followed by Nicky Benson and Adrian Fryer of Bermans who<br />

presented on the use of settlement agreements when the<br />

employment relationship breaks down. Louise Mensah of<br />

Complete Counsel rounded off the morning’s proceedings with<br />

some useful guidance on issues relating to illegal work and<br />

migrant workers.<br />

After lunch, <strong>Liverpool</strong> <strong>Law</strong> Society President Emlyn Williams of<br />

Weightmans LLP provided an engaging round-up of the key<br />

employment law reforms included in the manifestos for the<br />

recent election. Nigel Porter of 11KBW Chambers was next to<br />

take the stage with a detailed review of the 2013 reforms to<br />

whistleblowing legislation and gave a summary of interesting<br />

case law on the topic. Our final speaker of the day was Simon<br />

Gorton QC of Atlantic Chambers who provided useful<br />

guidance on key developments in the application of the<br />

Transfer of Undertakings (Protection from Employment)<br />

Regulations 2006, which has caused many a headache for<br />

practitioners in the past.<br />

As well as providing a useful update on employment law issues,<br />

the conference gave practitioners a great opportunity to<br />

exchange views and experiences with each other and our<br />

speakers and it’s safe to say everyone learned something new,<br />

not least the speakers’ favourite limerick or poem, the day’s<br />

obligatory opening question!<br />

Sophie Fulwell,<br />

Bermans<br />

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We extend a warm invitation to all, to join us for our<br />

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The Here and Now<br />

ZebraLC TM is the leading<br />

technical due diligence,<br />

audit and consulting<br />

specialist to the UK legal<br />

sector.<br />

Zebra LC’s innovation has<br />

driven a paradigm shift in the<br />

understanding of risk, value<br />

and opportunity for businesses<br />

operating within the legal<br />

industry. Delivering projects<br />

with a unique and distinct<br />

market approach, clients<br />

include leading law firms,<br />

banks, insurers, investors,<br />

funders and new market<br />

entrants.<br />

With the swathe of changes<br />

within the sector, and the<br />

growing need for law firms,<br />

banks, insurers and funders to<br />

ascertain closer ‘comfort and<br />

confidence’ about the<br />

assessment of WIP value,<br />

indemnity and operational risk,<br />

ZebraLC has a unique offering.<br />

At the helm, Zebra’s Managing<br />

Director, Zoe Holland, is<br />

pragmatic and commercial,<br />

using her background as a<br />

lawyer, together with<br />

management board<br />

experience, to provide an<br />

innovative business<br />

proposition.<br />

The industry recognises that<br />

the lifeblood of legal<br />

businesses of the future is in<br />

their quality, expertise, low<br />

operational risk, financial<br />

management and healthy<br />

asset base (profitable work and<br />

highly valuable WIP). ZebraLC<br />

has identified and filled a gap<br />

in the market that is now very<br />

much in demand.<br />

Zebra is now established, in its<br />

third year. The business has the<br />

leading edge in methodology<br />

and benchmark data owing to<br />

involvement in ‘first sector’<br />

deals such as M&A by Fairpoint<br />

Group PLC. ZebraLC carried<br />

out technical and WIP due<br />

diligence in Fairpoint’s<br />

acquisition of both Simpson<br />

Millar and Colemans CTTS. The<br />

latter involving a due diligence<br />

review on Colemans large<br />

volume conveyancing arm.<br />

In early 2015, Zebra received its<br />

first international new enquiry<br />

to advise on an M&A deal in<br />

Perth, Australia and this month<br />

has been advising a US client.<br />

This year the business also<br />

achieved ISO9001<br />

accreditation<br />

Technology & Innovation<br />

Founder Zoe Holland has a<br />

keen eye on technology to<br />

drive innovation in products,<br />

services and operational<br />

performance. Key KPI’s were to<br />

get to a paperless audit and an<br />

online cloud based business<br />

collaboration platform by end<br />

2014.<br />

May 2014: Zebra Hub<br />

colloborative platform in place.<br />

This is an online and on<br />

demand service that works<br />

across all platforms including<br />

iPhone and android.<br />

August 2014: bespoke online<br />

cloud-based audit system<br />

implemented to provide<br />

project flexibility and the ability<br />

to track risk trends during a<br />

large scale due diligence<br />

process.


ZebraTD is a personal injury focussed business<br />

offshoot of ZebraLC. It brings a sector first: an<br />

online and on demand knowledge share, and risk<br />

outsourcing service in complex areas such as clinical<br />

negligence, industrial disease and serious injury.<br />

Why a business offshoot?<br />

Whilst ZebraLC has technical coverage in all areas of<br />

legal service, a number of the business’ major M&A, law<br />

firm diagnostic and bank funding projects have been<br />

within the personal injury sector. This provides a<br />

unique insight into the risk, value and opportunity in<br />

legal businesses operating within this specialist sector.<br />

For injury litigation of the future, ZebraTD supports<br />

legal businesses in the successful delivery of profitable,<br />

efficient and risk aware personal injury legal services.<br />

The offshoot is supported by a national cohort of<br />

experienced technical and commercially focussed<br />

injury experts with a proven track record. All technical<br />

experts are trained under Zebra’s core methodology<br />

and individually selected.<br />

The team works in a collaborative buddy system –<br />

sharing knowledge and enabling ‘best of breed’<br />

technical development.<br />

White labelled risk outsourcing<br />

ZebraTD offers a ‘white labelled’ outsourcing service in<br />

complex litigation areas such as industrial disease,<br />

clinical negligence and serious injury. Experienced<br />

experts form an unrivalled outsourcing team. Already<br />

proven as ‘excellent’ in an existing large volume clinical<br />

negligence contract, the team where required, can<br />

work remotely via a law firm’s Proclaim system.<br />

"Specialised injury cases such as clinical negligence and<br />

industrial disease carry an inherently higher risk to the<br />

business than other types of litigation. A detailed and<br />

formal assessment of risk at the outset is paramount to<br />

make a decision as to whether or not to accept a case, and<br />

if so, on what terms. In these specialised cases a dynamic<br />

approach to risk assessment is required with on-going<br />

continuous risk assessment or a formalised process of risk<br />

assessment at key stages.<br />

We offer a truly unique and bespoke risk assessment<br />

service to law firms, insurers and any business with an<br />

interest in identifying and managing risk in these<br />

specialised cases. Supported by its Technical Advisory<br />

Board, ZebraTD has access to an unparalleled resource in<br />

terms of industry leading technical specialists in the fields<br />

of clinical negligence, industrial disease, personal injury<br />

and costs. "<br />

Vicki Acres, Head of Technical and Risk Outsourcing<br />

Technical development<br />

Zebra’s expertise in due diligence provides us with<br />

invaluable risk management, business improvement<br />

and valuation profiling data. This sets the background<br />

for us to offer clients a different perspective in training<br />

and technical development under the umbrella of<br />

ZebraTD<br />

Our approach is to concentrate on improving technical<br />

excellence, productivity, efficiency and fee earning<br />

capability to increase profit.<br />

Example specifics<br />

• Clinical negligence risk outsourcing for one of the UKs<br />

leading clinical negligence firms<br />

• Implementation & training of injury focused<br />

assessment & sifting of multi-track personal injury cases<br />

• Risk management training surrounding potential<br />

brain injury cases<br />

• Guidance on training around risk assessments and<br />

case selection within complex areas such as industrial<br />

disease and clinical negligence<br />

• Sharing data with NatWest on risk & valuation<br />

profiling of clinical negligence caseloads<br />

• Risk delegation for a leading ATE insurer for bespoke<br />

areas including industrial disease & clinical negligence<br />

PI Knowledge Hub<br />

Zebra’s knowledge platform provides a totally unique<br />

offering to the personal injury sector. All clients are<br />

invited into our specialist Knowledge Hub.This is a<br />

bespoke collaboration platform to enable clients to<br />

have multi interface access to our team of specialists.<br />

Whether via a webrowser, tablet, iPad, iPhone or<br />

Android, clients can collaborate, knowledge share and<br />

support each other with instant interaction. In a rapidly<br />

changing legal sector, our Knowledge Hub is a<br />

significant value-add to clients.<br />

“We have an unrivalled team of technical experts within<br />

the team. Clients have the benefit of sharing<br />

experience, seeking advice and having support from<br />

industry leaders. Our collaborative Knowledge Hub is a<br />

unique way of offering clients a value added platform.<br />

Delivering knowledge share via innovative technology<br />

has been a key driver in establishing ZebraTD." Zoe<br />

Holland, Managing Director, Zoe Holland<br />

Technical Advisory Board<br />

The Vision<br />

Zebra is an innovative, young entrepreneurial business.<br />

In keeping with that spirit, Founder Zoe Holland had<br />

the vision to bring together industry technical experts<br />

to support the business in a high-level advisory<br />

capacity through a Technical Advisory Board.This is an<br />

exciting development for the business, leading to the<br />

inaugural meeting of the Board on 29th October 2015.<br />

With a host of leading names including Dominic Regan,<br />

Andrew Twambley and Terry Lee, this was a fantastic<br />

opportunity to debate hot topic industry issues.<br />

The Technical Advisory Board provide non-binding<br />

strategic direction and advice around technical legal<br />

developments and injury sector trends to both ZebraLC<br />

and the personal injury arm ZebraTD. The Board are not<br />

involved in any project or client delivery, but sit as a<br />

thought leadership structure.<br />

Composed of carefully selected accomplished technical<br />

legal and industry experts offering technical skills,<br />

market knowledge and specialist insight such as trends<br />

in new CFAs, fixed fees for clinical negligence,<br />

indemnity risk trends, regulatory issues specific to the<br />

injury sector, impact of the political landscape, case law<br />

development and guidance on what constitutes quality<br />

legal service.<br />

The Board is chaired by Zebra’s Head of Technical and<br />

Risk Outsourcing, Vicki Acres and will be delivering<br />

quarterly industry thought leadership to Zebra, its<br />

clients and the wider sector.<br />

Technical Advisory Board<br />

Dominic Regan<br />

Dominic Regan - “The most<br />

knowledgeable person in the<br />

country on Part 36,” - Costs Judge<br />

Campbell "The leading expert in the<br />

field of civil procedure and adviser to<br />

the top judiciary on law reform'-His<br />

Honour Judge Simon Brown QC."<br />

Tracey Graham - Tracey “highly<br />

recommended” in Legal 500 &<br />

Chambers & Partners noted as,<br />

“..well known for her experience<br />

with industrial disease claims. “<br />

Chris Fry - Founder of niche<br />

practice, Unity <strong>Law</strong> specialising in<br />

Occupational Illness and Equality<br />

Act Claims. Editor and author of<br />

the APIL Guide to Noise Claims.<br />

Terry Lee - clinical negligence and<br />

serious personal Injury specialist.<br />

Known for ground-breaking case<br />

law decisions such as Joyce -v-<br />

Wandsworth Health Authority.<br />

Kevin Latham – Kings Chambers -<br />

As a specialist Costs Counsel Kevin<br />

has been at the forefront of costs<br />

challenges facing the personal<br />

injury sector.<br />

Claire Green - Policy and<br />

Development Officer at ACL and<br />

current member of the Hutton<br />

steering committee developing<br />

the format for the new Bill of Costs.<br />

Andrew Twambley - welldeserved<br />

‘Lifetime Achievement<br />

Award’ at the Claims Innovation<br />

Awards (2013). One of the<br />

personal injury industry’s most<br />

well known personalities.<br />

Cathie Delaney - Leading clinical<br />

negligence solicitor with extensive<br />

medical background. <strong>Law</strong> Society’s<br />

specialist Clinical Negligence<br />

Specialist and APIL Senior Litigator.<br />

www.zebratd.co.uk<br />

@zebra_td<br />

www.zebralc.co.uk<br />

@zebralc<br />

0161 635 0213


30 Local CHAMBER News NEWS<br />

Access your free membership at the<br />

Chamber of Commerce<br />

Did you know <strong>Liverpool</strong> <strong>Law</strong> Society members can apply to<br />

become affiliate members of <strong>Liverpool</strong> & Sefton Chambers of<br />

Commerce?<br />

The affiliate membership package entitles <strong>Law</strong> Society<br />

members direct access to a host of Chamber services,<br />

completely free of charge.<br />

The membership includes:<br />

• Basic profile on the Chambers’ members directory<br />

• Free hot-desking facilities at the Chambers’ city centre office<br />

• Discounts on Chamber events, including networking events,<br />

workshops and panel discussions<br />

• Free access to HR & employment advice, including<br />

templates, telephone hotline and document reviews.<br />

What’s coming up?<br />

130 events. 4902 delegates. As a Chamber member, you’re<br />

well connected.<br />

Meet & Eat:<br />

Wednesday 18th November, 12:15-14:15, The Exhibition Centre,<br />

Kings Dock<br />

60RUM in Southport: “Marketing your business successfully from<br />

the beginning”<br />

Friday 20th November, 09:00-10:00, Moore & Smalley, Hoghton<br />

Chambers, PR9 0TB<br />

60RUM: “How to make corporate hospitality pay for itself”<br />

Friday 27th November, 09:00-10:00, <strong>Liverpool</strong> & Sefton<br />

Chambers of Commerce, No. 1 Old Hall Street<br />

Charity Networking<br />

Wednesday 2nd December, 17:30-19:30<br />

The Chambers’ Annual Dinner<br />

Thursday 3rd December, 18:30-late, <strong>Liverpool</strong> Anglican<br />

Cathedral.<br />

Bootle Business Breakfast<br />

Tuesday 8th December, 07:30-09:00, Hugh Baird College, Balliol<br />

Road, Bootle, L20 7EW<br />

Commenting on the partnership, Rich Daly, Commercial<br />

Manager at <strong>Liverpool</strong> & Sefton Chambers of Commerce said<br />

“<strong>Liverpool</strong> is home to a thriving professional services sector, of<br />

which many are successful and expanding law firms. As an<br />

integral part of the city’s economy, we’ve designed an affiliate<br />

membership package so that <strong>Law</strong> Society members can<br />

access business support services to grow their contact base,<br />

showcase their success and raise their profile. Following the<br />

development of our brand new membership packages<br />

alongside our vibrant events programme across both <strong>Liverpool</strong><br />

& Sefton, the Chamber has never been better positioned to<br />

support the growth of city region businesses.”<br />

Emlyn Williams, President of <strong>Liverpool</strong> <strong>Law</strong> Society, said “the<br />

Society is delighted to confirm it has, once again, secured a<br />

free 12-month affiliate membership (worth £150) of the<br />

<strong>Liverpool</strong> & Sefton Chambers of Commerce for member firms<br />

and organisations of the Society as a benefit of annual LLS<br />

membership. This benefit has been offered to <strong>Liverpool</strong> <strong>Law</strong><br />

Society members since 2011 and many firms have taken up the<br />

offer since then. The Society is pleased to have close relations<br />

with the <strong>Liverpool</strong> & Sefton Chambers of Commerce which it<br />

values greatly and encourages member firms to sign up to this<br />

offer.”<br />

Affiliate Membership of the <strong>Liverpool</strong> & Sefton Chambers of<br />

Commerce entitles you to attend the Chambers’ free events<br />

and other paid events at the reduced member rate. Affiliate<br />

membership does not include all member benefits as some are<br />

reserved for full members only. For further information on the<br />

<strong>Liverpool</strong> & Sefton Chambers see<br />

www.liverpoolchamber.org.uk/<br />

To apply for your free membership, email<br />

membership@liverpoolchamber.org.uk or call 0151 227 1234.<br />

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FEATURE 31<br />

Justice, Malaysian Style<br />

I’d never heard of Isabella Bird<br />

till I found one of her books in<br />

a charity shop – The Golden<br />

Chersonese, about her trip to<br />

Malaysia in 1879. She was one<br />

of those indefatigable<br />

Victorian women travellers;<br />

she visited remote parts of<br />

Persia, Kurdistan, Tibet, Korea,<br />

and China, and wrote them<br />

up in books which are still<br />

available as e-books, usually<br />

free. She was in Malaysia for<br />

only five weeks, but described<br />

it in such detail to her sister<br />

that it filled a whole book.<br />

For instance:<br />

In the day’s journey I counted<br />

one hundred and twenty-six<br />

differing trees and shrubs, fiftythree<br />

trailers [hanging<br />

creepers], seventeen<br />

epiphytes [plants growing on<br />

other plants] and twenty–eight<br />

ferns.<br />

She noted a local delicacy,<br />

but did not try it.<br />

It is made by tramping a mass<br />

of putrefying prawns and<br />

shrimps into a paste with bare<br />

feet. This is seasoned with salt.<br />

She particularly liked the<br />

colour and vivacity of Canton,<br />

except when she came to the<br />

prison, whicb was as bad as<br />

the mind can conceive. I give<br />

no details.<br />

If crime, vice, despair,<br />

suffering, filth and cruelty can<br />

make a hell on earth, this is<br />

one.<br />

Then she came to the hall of<br />

justice, where a single<br />

Malaysian judge, quite a<br />

young man, richly robed, sat in<br />

an ebony chair. On a clear<br />

day one can distinguish<br />

between him and most<br />

judges in the QE II.<br />

He spoke loud and with much<br />

rapidity and emphasis, and<br />

often beat impatiently on the<br />

floor with his foot.<br />

A civil case took a long time,<br />

and was adjourned, and the<br />

aged claimant was so<br />

exhausted with kneeling<br />

before the judge, that he was<br />

obliged to be assisted away<br />

by two men.<br />

That was followed by criminal<br />

cases.<br />

Then a guard led in by a chain<br />

a prisoner, heavily manacled,<br />

and with a heavy stone<br />

attached to his neck, who<br />

knelt with his forehead<br />

touching the ground. There<br />

was no Counsel, and no<br />

witnesses, and the judge asked<br />

but one question as he beat<br />

his feet impatiently on the floor.<br />

“Are you guilty?"<br />

Isabella continues,<br />

There is no regular legal<br />

process, no jury, no one<br />

admitted to plead for the<br />

accused, and owing to the<br />

way in which accusations are<br />

made and the intimate<br />

association of trial with bribery,<br />

it is as certain that many<br />

innocent persons suffer as it as<br />

that many guilty escape.<br />

It made Isabella’s heart bleed.<br />

She noted:<br />

Severe flogging with the<br />

bamboo, rattan, cudgel, and<br />

knotted whip successively, is<br />

one of the most usual means<br />

of extorting confession; and<br />

when death results from the<br />

process, the Magistrate reports<br />

that the criminal has died of<br />

sickness, and in the few cases<br />

in which there may be reason<br />

to dread investigation, the<br />

administration of a bribe to the<br />

deceased man's friends<br />

ensures silence.<br />

If justice was ever done, it was<br />

probably by accident. She<br />

added:<br />

it is possible in some cases for a<br />

criminal who is fortunate<br />

enough to have rich relations<br />

to procure a substitute; a<br />

coolie sells himself to death in<br />

such a man's stead for $100,<br />

and for a week before his<br />

surrender indulges in every kind<br />

of expensive debauchery, and<br />

when the day of dying arrives<br />

is so completely stupefied by<br />

wine and opium, as to know<br />

nothing of the terror of death.<br />

So much for Malaysian justice<br />

during the Victorian era.<br />

But in the 1960s the BBC<br />

published Tales from the South<br />

China Seas, edited by Charles<br />

Allen, in which people who<br />

had lived in Malaysia during<br />

the last days of Empire, gave<br />

their own accounts of life<br />

there. One District Magistrate<br />

had only one failing. When he<br />

conducted a trial, he was<br />

supposed to provide an<br />

account of the evidence and<br />

his findings. But if the accused<br />

was found guilty, he simply<br />

noted “Pleaded Guilty,” which<br />

saved a lot of paperwork.<br />

Another District Magistrate had<br />

an experience which I quote<br />

as a Cautionary Tale, against<br />

the time when court<br />

proceedings are televised. He<br />

sat at a table covered with a<br />

green baize cloth, which<br />

reached to the ground. One<br />

very hot and sticky day he<br />

had an insufferable itch in his<br />

nether regions. He undid the<br />

top button of his trousers and<br />

had a quiet scratch. The itch<br />

persisted; he undid the<br />

second button, and repeated<br />

the performance. Bliss. Finally<br />

he undid the third button, and<br />

was just enjoying a really<br />

luxurious scratch when he was<br />

aware that little boys inside the<br />

court were dancing up and<br />

down, shrieking with glee. The<br />

Clerk of the Court turned<br />

round, and with a face of<br />

horror told the District<br />

Magistrate that the green<br />

baize cloth had been taken<br />

away for cleaning.<br />

Justice should not only be<br />

done, it should be seen to be<br />

believed.<br />

Dick Hamilton<br />

Isabella Bird<br />

Contract & Commercial<br />

Update<br />

<br />

<br />

This course will<br />

provide practitioners with an update on case<br />

law and legislativee<br />

developments over the last year. Covering:<br />

<br />

Edwards v Ashik [2014]<br />

EWHC<br />

2454<br />

on<br />

fraudule<br />

nt<br />

misrepresentation<br />

<br />

Polypearl Lt<br />

d v Eon<br />

Energy Solutions [2014] EWHC 3045 on<br />

direct and indirect<br />

loss<br />

<br />

Ramsey v Lo<br />

ve [2015] EWHC 65 on execution of<br />

guarantees<br />

<br />

Thwaytes v S<br />

otheby's [2015] EWHC 36 on the<br />

standard of<br />

care expected of specialists<br />

<br />

Barclays v G<br />

rant Thornton LLP [2015] EWHC 320<br />

on<br />

disclaimer of liability<br />

by auditors<br />

Watts v Watt<br />

s (unreported) 21 August 2014 on illegality<br />

defence<br />

on Friday<br />

20th<br />

November 1.30pm - 4.45pm<br />

CPD 3<br />

Venue: <strong>Liverpool</strong><br />

<strong>Law</strong> Society, 2nd Floor Cotton Exchange,<br />

Bixteth<br />

Street, <strong>Liverpool</strong>, L3 9LQ<br />

To see the<br />

full seminar details or to book, visit:<br />

www.liverpoollawsociety.org.uk


<strong>Liverpool</strong> 0151 236 7191<br />

Preston 01772 254 764<br />

www.orielchambers.co.uk<br />

Media<br />

Round-Up<br />

New for 2015, <strong>Liverpool</strong> <strong>Law</strong> hopes<br />

to include information where the<br />

Society and/or members have<br />

been featured in the press,<br />

broadcast and social media, and<br />

some of our favourite tweets...<br />

November 2015<br />

Appearance by <strong>Liverpool</strong> <strong>Law</strong><br />

Society’s Public Relations Officer on<br />

Radio Merseyside Drive Time about the<br />

VW emissions scandal on 3rd October<br />

2015<br />

On Twitter<br />

<strong>Liverpool</strong><strong>Law</strong>Society<br />

5p for plastic bags! -we are giving ours<br />

away FREE (along with other goodies)<br />

at today's Employment <strong>Law</strong><br />

Conference<br />

NWLST<br />

Team @Lpool<strong>Law</strong>Society at the start of<br />

the #<strong>Liverpool</strong> #legalwalk raising funds<br />

for #accesstojustice!<br />

Top 10<br />

membership<br />

benefits<br />

<strong>Liverpool</strong> <strong>Law</strong> Society offers its<br />

members many services and<br />

benefits. Here are our Top 10:<br />

1.Have your interests represented at<br />

the highest level – both locally &<br />

nationally<br />

2. Raise your profile in the local legal<br />

and business community and make<br />

a difference<br />

3. Take advantage of links with other<br />

professional associations and the<br />

region’s economic bodies<br />

4. Meet your peers, gain knowledge<br />

and expertise, discuss topical issues<br />

and make your voice heard by<br />

joining the Society’s specialist<br />

committees<br />

5. Interact with senior members of<br />

the judiciary, and civic and business<br />

leaders from the <strong>Liverpool</strong> City<br />

Region<br />

6. Take up free associate<br />

membership of the <strong>Liverpool</strong> and<br />

Sefton Chambers of Commerce<br />

7. Receive referrals from members of<br />

the public searching for legal<br />

advice who contact the Society’s<br />

office or visit the website<br />

8. Enjoy reduced prices on training,<br />

business networking and social<br />

events<br />

9. Free subscription and the<br />

opportunity to contribute to<br />

‘<strong>Liverpool</strong> <strong>Law</strong>’, the monthly<br />

members’ magazine<br />

10. Free access to the University of<br />

<strong>Liverpool</strong> <strong>Law</strong> Library<br />

To apply online for membership, visit<br />

www.liverpoollawsociety.org.uk<br />

News from the<br />

Family <strong>Law</strong><br />

Sub-Committee<br />

We had our recent meeting on the 14th<br />

October 2015, and we had a lot of the<br />

usual standing items including a number<br />

of dates from the various committees to<br />

take place at Court, there was<br />

information about protocols and pilots<br />

that had been set up in the Merseyside<br />

area.<br />

This includes a new pilot that is going to<br />

be implemented based upon the clock<br />

scheme which is to deal with litigants in<br />

person at conciliation hearings and<br />

involving JMU students on a supervised<br />

basis. There was an update from Elaine<br />

Richardson who is a member of the<br />

National <strong>Law</strong> Society Family Committee<br />

as to what the <strong>Law</strong> Society is looking at<br />

nationally in relation to family matters.<br />

The Committee had a number of key<br />

issues that they would like to be raised<br />

at the MPs meeting that is coming up at<br />

<strong>Liverpool</strong> <strong>Law</strong> Society including Legal<br />

Aid, Access to Justice, the increasing<br />

number of LIPS in family proceedings<br />

and more recently the Court closures.<br />

The Committee is well attended on a bimonthly<br />

basis and we would still seek<br />

new members from practices with large<br />

family departments within the city which<br />

are still not represented on the Family<br />

<strong>Law</strong> Sub-Committee.<br />

Adele Schofield<br />

The Berkson Globe Partnership<br />

Did you know networking<br />

opportunities are available<br />

at our Local Chambers of<br />

Commerce?<br />

For more information on membership<br />

and events visit;<br />

www.wirralchamber.co.uk<br />

www.liverpoolchamber.co.uk<br />

www.liverpoolchamber.org.uk/home/<br />

sefton-chamber<br />

www.sthelenschamber.com


“SAN CARLO HAS THE INGREDIENTS<br />

OTHERS CAN ONLY DREAM OF”<br />

The Observer<br />

Aldo Zilli now part of<br />

the San Carlo team<br />

WWW.SANCARLO.CO.UK<br />

41 Castle St, <strong>Liverpool</strong>, Merseyside, L2 9SH<br />

liverpool@sancarlo.co.uk | T: +44 (0)151 236 0073<br />

@SanCarlo_Gro<br />

WINNER OF THIRTY TWO PRESTIGIOUS AWARDS


34 REGULATION<br />

Regulation Update<br />

Did you know that November<br />

means "ninth month" and yet<br />

it is the eleventh month in the<br />

modern calendar. Confused?<br />

It was also known as the<br />

"blood month" when animals<br />

were sacrificed and<br />

slaughtered for preservation<br />

through the winter.<br />

Back in the regulatory world,<br />

the Legal Ombudsman’s<br />

decisions recently have been<br />

as confusing as the definition<br />

of November and whilst there<br />

has been very little blood spilt<br />

this month, the SDT has been<br />

enjoying slinging quite a bit of<br />

mud and criticism at the SRA<br />

for their handling of some<br />

disciplinary matters.<br />

The Legal Ombudsman<br />

I reported in last month’s<br />

column of the confusion<br />

which arose over the new<br />

European directive on<br />

alternative dispute resolution<br />

(ADR) and the chair of the<br />

legal services consumer panel<br />

Elisabeth Davies has now also<br />

predicted that this confusion is<br />

set to continue.<br />

She is of course looking at it<br />

from the consumers<br />

perspective and feels that<br />

because law firms will have to<br />

signpost to an additional<br />

Chartered Trading Standards<br />

Institute (CTSI)-certified ADR<br />

provider even though the ADR<br />

Directive is voluntary for<br />

businesses and so may not<br />

even use the service, the<br />

legal sector will now not have<br />

just one body to signpost to,<br />

which risks confusion for clients<br />

and lawyers alike.<br />

What is certain is that you<br />

should have revised your<br />

complaints signposting<br />

wording by now to comply<br />

with the EU Directive.<br />

The LeO has also announced<br />

that it is recruiting more<br />

Ombudsmen to triage<br />

complaints at the outset.<br />

Currently the Ombudsman<br />

only sees a case at the end<br />

after an investigator has<br />

looked into the case and<br />

where the case cannot be<br />

resolved informally.<br />

According to figures, 38% of<br />

complaints now go to a final<br />

Ombudsman decision which<br />

is higher than the LeO<br />

wanted or anticipated so<br />

clearly there is a feeling that<br />

the investigators are not<br />

managing to achieve an<br />

early resolution as often as<br />

the LeO would like.<br />

Under the new regime,<br />

Ombudsmen will screen<br />

complaints at the front end of<br />

the process with the intention<br />

that there is a clear steer from<br />

an ombudsman rather than<br />

an investigator as to whether<br />

a resolution is capable of<br />

being achieved. It is hoped<br />

that this will improve the<br />

quality of the decision<br />

making rather than the<br />

emphasis being upon speed<br />

of response.<br />

In theory it could be a good<br />

thing but only time will tell as<br />

to whether the<br />

quality/consistency of<br />

decision making will improve.<br />

An Ombudsman reviewing<br />

the case at the outset might I<br />

am sure set out with the<br />

intention of achieving an<br />

early resolution in the same<br />

way as a LeO caseworker<br />

would do but that does not<br />

mean that complainants will<br />

not want to get a formal<br />

decision after all the facts<br />

have been considered.<br />

Speed of response is also still<br />

important and it is ironic that<br />

the LeO is not achieving its<br />

targets set by the LSB in<br />

relation to timeliness, when<br />

delay is one of the main<br />

complaints directed at<br />

lawyers!<br />

SRA – A Question of Trust<br />

The SRA has launched its ‘A<br />

question of trust’ national<br />

campaign to give everyone<br />

a chance to have their say<br />

about action taken against<br />

those solicitors who fall short<br />

of the expected standards. It<br />

will run until the end of<br />

January 2016 and if you<br />

haven’t looked at the survey<br />

already, it is well worth a<br />

quick look. Those taking part<br />

are given short scenarios and<br />

asked to vote on how<br />

seriously they view the<br />

different situations where<br />

solicitors have failed to<br />

uphold professional standards<br />

at work or in their private<br />

lives. It covers scenarios such<br />

as conflicts, lying on a CV<br />

about expertise, drink and<br />

drug abuse, mis-use of client<br />

money, and false or overcharging<br />

and is certainly<br />

thought provoking. Solicitors<br />

as well as the public can take<br />

part in it and it only takes a<br />

few minutes to complete.<br />

There is a formal consultation<br />

on it aswell so any comments<br />

you may have, please feed<br />

back to me. All feedback will<br />

apparently help the SRA build<br />

a reference framework,<br />

which will support decision<br />

making and transparency.<br />

That can only be a good<br />

thing (if it works!) given the<br />

current lack of consistency<br />

and transparency in the way<br />

the SRA deals with disciplinary<br />

matters.<br />

Which brings me nicely on to<br />

the SDT and criticism which it<br />

seems to be taking some<br />

pleasure in dishing out to the<br />

SRA in recent months! The<br />

most recent one criticised the<br />

SRA for its drafting of a<br />

statement of facts and<br />

suggested outcome which<br />

according to the Tribunal was<br />

“insufficient to allow any<br />

tribunal to conclude that the<br />

sanction proposed was the<br />

correct one”. This led to the<br />

solicitor involved being fined<br />

a higher amount by the<br />

Tribunal than had been<br />

agreed with the SRA which<br />

was certainly unfortunate for<br />

the solicitor involved.<br />

Another recent case involving<br />

allegations of forgery against<br />

a non-admitted fee earner<br />

was thrown out because the<br />

SRA had insufficient evidence<br />

to substantiate the very<br />

serious allegations. In a rare<br />

finding, the SRA was ordered<br />

to pay costs too with the SDT<br />

issuing a warning to the SRA<br />

that it should reappraise<br />

cases in light of the<br />

respondent’s evidence and<br />

monitor cases generally.<br />

Unfortunately, the process for<br />

referral to SDT is frighteningly<br />

opaque and the Compli<br />

team see more and more<br />

instances of practitioners<br />

receiving a one-line letter<br />

advising them that they will<br />

be heading to Ludgate<br />

Circus (home of the SDT) at<br />

some point in the future.<br />

There is no right of appeal<br />

against a referral to the SDT<br />

and the number of cases<br />

where the SRA has decided<br />

to rescind its decision to<br />

make the referral is very rare<br />

indeed. It also seems from the<br />

SDTs comments that when<br />

deciding whether or not to<br />

certify that there is a case to<br />

answer, the SDT panel has<br />

sight of the SRA’s statement<br />

of allegations, but not the<br />

response. The task of<br />

reappraising the decision<br />

following receipt of the<br />

respondent’s evidence<br />

therefore falls to the SRA.<br />

Surely, the regulator is<br />

conflicted here because not<br />

only is it unlikely to change its<br />

mind all of a sudden, it has<br />

often incurred – during the<br />

course of its investigation -<br />

significant costs which it is<br />

unlikely to recover without an<br />

order from the SDT.<br />

An objective assessment, or<br />

at the very least an<br />

assessment of the position<br />

once the respondent has<br />

submitted their evidence,<br />

would plainly be a fairer<br />

system. Lets hope we see<br />

some improvement going<br />

forward.<br />

Michelle Garlick<br />

Weightmans LLP


S Code<br />

Date<br />

Time<br />

November 2015<br />

Speaker<br />

CPD<br />

S3727<br />

10th 3.<br />

30 - 4. 45 A view from Live<br />

rpool Family Courts: Update on the latest<br />

d evelopments in Chil dren Cases<br />

S3767<br />

10th 10 - 11 Wills, Probate<br />

, Forgery & Undue Influence<br />

Judge Margaret<br />

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H aas QC<br />

Charles<br />

Smith<br />

Machin & Jonathan<br />

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ad? Get A Strategy<br />

in conjunction with<br />

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S3752<br />

17th 9.<br />

30 - 12. 45 Commercial Prop<br />

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S3547<br />

18th 9.<br />

30 - 4. 45 Conference For<br />

Legal Cashiers & Managers<br />

2015<br />

S3768<br />

20th 10 - 11 Cy ber Security<br />

For <strong>Law</strong> Firms: Are You<br />

S3518<br />

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Commercial Update<br />

S3597<br />

26th 12. 30 - 3. 45 Sports Injury Cla<br />

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S3657<br />

25th 9.<br />

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The Complete Novice<br />

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Chris Beanland<br />

Colin Beaumont<br />

Nicky Carter<br />

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Speaker<br />

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S3753<br />

2nd 9.<br />

30 - 4. 45 *N EW* Comm<br />

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V arious<br />

5. 5<br />

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30 - 4. 45 New Cases In<br />

Wills & Trusts<br />

Martyn Frost<br />

3<br />

S3764<br />

4th 9.<br />

30 - 12. 45 Cost & Funding<br />

Update<br />

Professor Dominic Regan<br />

3<br />

S3766<br />

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30 - 4. 45 Sanctions & De<br />

fault 2015/16<br />

Professor Dominic Regan<br />

3<br />

S3664<br />

9th 9.<br />

30 - 4. 30 Occupational Disease<br />

Conference<br />

*ACCREDITED by APIL Training*<br />

S 3494<br />

15th 9.<br />

30 - 12. 45<br />

Flooding<br />

Frack<br />

ing<br />

& Other Environmental Issues<br />

S3496<br />

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Including Adverse Possession<br />

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Richard<br />

Snape<br />

Richard Snape<br />

5.5<br />

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S3668<br />

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Act<br />

Claims 3 Topics<br />

of Interest<br />

to Those who want<br />

to<br />

Challenge Wills<br />

Matthew Hall,<br />

Richard Lander &<br />

Nathan Smith<br />

1.5<br />

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February 2016<br />

Speaker<br />

CPD<br />

S3708<br />

2nd 1<br />

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Paul Butt<br />

3<br />

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3<br />

www.facebook.com/ m/<strong>Liverpool</strong><strong>Law</strong>Society<br />

www.linkedin.com/company/livny/liverpool-law-society<br />

@Lpool<strong>Law</strong>Society


36 MJLD<br />

News from the MJLD<br />

Drinks and Nibbles at Fazenda<br />

What better way to introduce all the new starters at firms<br />

across Merseyside and seasoned MJLD event-goers than<br />

with drinks at nibbles. On 24th September, the MJLD held<br />

this popular event, kindly sponsored by Wesleyan, at<br />

Fazenda. We had a fantastic turnout and Fazenda sure<br />

didn’t disappoint!<br />

huge success. A massive thank you to the Breakout rooms<br />

for being so accommodating and making the night so<br />

enjoyable.<br />

It was a brilliant team building exercise and we all worked<br />

together to solve the puzzles and escape the rooms which<br />

apparently is unprecedented for group bookings so well<br />

done everybody! The event wouldn’t have been possible<br />

without our kind sponsors Ascent Medico Legal so a massive<br />

thank you to them.’<br />

Wesleyan Talk<br />

Following on from meeting Wesleyan at Fazenda, they also<br />

hosted a financial talk at Hard Days Night Hotel on 8th<br />

October. Attendees received Wesleyan’s top tips for getting<br />

on the property ladder and effectively managing their<br />

finances.<br />

Wesleyan provides tailored financial advice and products to<br />

professionals. Its legal sector financial consultants are<br />

trained to truly understand the needs of those working in the<br />

legal sector. For more information, please visit Wesleyan’s<br />

website: http://www.wesleyan.co.uk/.<br />

On the night, a representative from Zoë’s Place gave an<br />

insightful presentation into where all the money kindly<br />

donated by the MJLD’s members will go.<br />

We then held a raffle to raise funds for Zoë’s Place with<br />

many fabulous prizes! Our social rep, Rosie Spencer, was<br />

delighted to win a Champagne meal for two at Fazenda!<br />

Breakout<br />

<strong>Liverpool</strong> Legal Walk<br />

Members of the MJLD took part in the <strong>Liverpool</strong> Legal Walk<br />

on 8th October 2015 to raise money for The North West Legal<br />

Support Trust, who distribute funds to organisations that<br />

support those who need legal help but cannot afford it.<br />

MJLD were joined by teams from firms and organisations<br />

throughout the <strong>Liverpool</strong> and Merseyside area.<br />

Team MJLD raised over £100 in aid of The North West Legal<br />

Support Trust to help them to continue their vital work.<br />

On 1st October 2015 a group of MJLD members attended<br />

the annual Small/Medium firm event. The event, arranged<br />

by Rachael McLean and sponsored by Ascent Medico-<br />

Legal Consultancy, was held at the Breakout Rooms in<br />

<strong>Liverpool</strong>.<br />

The members were split into mixed-firm teams of 5 and<br />

‘locked’ into rooms. The teams then had to solve a<br />

sequence of puzzles to escape the room using a<br />

combination of brain power and team work.<br />

The evening was enjoyed by all and Rachael McClean,<br />

Small & Medium Firm Representative said;<br />

‘I would like to thank the people who attended the event<br />

from various firms across Merseyside to make the night a


WLD 37<br />

News from the WLD<br />

October has been a very busy month for WLD members:<br />

Pamper Night @ Beauty Bazaar – Friday 2nd October 2015<br />

On Friday 2nd October 2015 the WLD arranged a pamper<br />

evening at Beuaty Bazaar, Harvey Nichols, <strong>Liverpool</strong> One.<br />

The guests were greeted with a glass of prosecco on arrival<br />

and were made to feel very welcome by all members of<br />

staff. As well as mini treatments there was a cockatil class<br />

and nibbles on the night. We sold a number of raffle tickets<br />

at this event and we are pleased to report that we raised<br />

£118 for the Whitechapel Centre. Beauty Bazaar were also<br />

kind enough to donate a huge raffle prize which contained<br />

many beauty essentials!<br />

WLD would like to thank Beauty Bazaar for hosting such a<br />

great event. We would also like to say thank you to the<br />

sponsors Kingsley Associates, legal recruiters and Wesleyan<br />

for <strong>Law</strong>yers, financial advisors for <strong>Law</strong>yers.<br />

Whitechapel Charity Sleepout<br />

On Friday 9th October 2015, WLD committee member<br />

Emily Pullan volunteered to participate in the Whitechapel<br />

charity sleepout with one of her friends. The sponsored<br />

sleepout is designed to increase awareness of<br />

homelessness in <strong>Liverpool</strong> and to raise much needed<br />

funds. Impressively Emily raised over £250. The Whitechapel<br />

Centre’s website identifies how fundraising can help:<br />

£5 pays for a cooked breakfast for 10 rough sleepers<br />

£15 provides an advice session with one of our skilled<br />

workers, securing accommodation for someone who<br />

would otherwise sleep rough.<br />

£25 provides a tutor and materials for a structured training<br />

session, giving homeless people essential life skills.<br />

It is not too late to donate. You can visit the website at:<br />

http://www.whitechapelcentre.co.uk/donate.html<br />

Or you can donate using your mobile. Text WHIT00 £5 to<br />

70070 or to donate £10, text WHIT00 £10 to 70070.<br />

Well done Emily!!<br />

<strong>Liverpool</strong> Legal Walk<br />

On Thursday 8th October 2015 WLD participated in the<br />

annual <strong>Liverpool</strong> Legal Walk.<br />

DATE FOR THE DIARY: Next Event<br />

Pudding Club is back by popular demand… Thursday 26th<br />

November 2015!


38 AND FINALLY...<br />

Almost Irrelevant<br />

A humorous look at life in the law....<br />

Halloween<br />

Halloween appears to have become a fixture in the<br />

social life of many lawyers. The Merseyside Junior<br />

<strong>Law</strong>yers Division organized for its members a pre-<br />

Halloween evening of fun, and the firm of Lees, solicitors,<br />

entered into the spirit of Halloween by organizing an<br />

outing for its partners and staff to “Shiverpool”, which<br />

describes itself as the historic ghost tour of <strong>Liverpool</strong>.<br />

But for US lawyers, Halloween is not typically a time for<br />

revel making but a time for bringing and defending<br />

legal claims. US lawyers’ websites are full of advice on<br />

how to ensure that homeowners avoid claims from “trick<br />

or treaters” accessing their homes with menacing<br />

demands for tricks. Homeowners are advised that “trick<br />

or treaters” are their guests, even though they may be<br />

of the unwelcome variety, and so are owed a legal<br />

duty of care. The advice includes:<br />

• clearing your lawn of obstacles they could walk into;<br />

• filling in holes in paths;<br />

• removing hazardous decorations.<br />

The message is: be careful to ensure that Halloween<br />

does not become a legal nightmare for you!<br />

The Leaving of <strong>Liverpool</strong> (FC)<br />

Brendan Rogers was not the only high profile departure<br />

from <strong>Liverpool</strong> Football Club in October.<br />

Natalie Wignall, who had been working as inhouse<br />

general counsel to <strong>Liverpool</strong> FC since 2009, also left the<br />

club in October. Natalie, a native Liverpudlian, is a<br />

graduate of <strong>Liverpool</strong> John Moores University and has<br />

held a number of inhouse legal positions but she has in<br />

the past described her role at <strong>Liverpool</strong> FC as her<br />

“dream job”.<br />

She has certainly experienced interesting times during<br />

her stay at <strong>Liverpool</strong>, with the club undergoing a<br />

number of changes of ownership and indeed of team<br />

manager during her incumbency. Natalie oversaw the<br />

change in ownership of the club from Tom Hicks and<br />

George Gillett to its current owner, Fenway Sports<br />

Group. She also handled a number of claims against the<br />

players, most notably Louis Suarez, who faced charges<br />

of racial abuse of Patrice Evra in 2011 and of biting<br />

Branislav Ivanovic in 2013.<br />

Whether her departure is linked to other changes at the<br />

club, including the departure of Brendan Rogers as<br />

manager, remains to be seen.<br />

Landmark Divorce Decision<br />

There has been much publicity lately about the recent<br />

decision of the Supreme Court allowing the courts to reevaluate<br />

a divorce settlement where it can be shown<br />

that one of the parties lied as to his/her financial<br />

situation in the original divorce proceedings.<br />

Representing one of the successful ex-wives in the<br />

Supreme Court was <strong>Liverpool</strong> barrister, Sam Hillas. Sam<br />

lives in Birkenhead and is based at St John’s Buildings<br />

Chambers in <strong>Liverpool</strong>. Sam and her team took on the<br />

case on a speculative basis with no guarantee of<br />

payment. Sam told the press that she took the case on<br />

because of what she perceived as the huge injustice<br />

which the ex-wives of lying husbands were suffering. Her<br />

legal skills have resulted in what many will see as justice<br />

served.<br />

Please feel free to send me your comments, observations<br />

or photographs to ai@liverpoollawsociety.org.uk


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