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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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VFS can provide immediate funding against most bills that<br />
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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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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 />
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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 />
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<br />
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- <br />
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Amy’s first<br />
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an indemnity<br />
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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 />
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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 />
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During the 1990s the Poulton-Le-Fylde based business<br />
established a relationship with the <strong>Law</strong> Society and the Office<br />
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assisting law firms to integrate Rule 15 into the practice as well<br />
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The majority of law firms are aware how both their marketing<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 />
Merseyside Christian<br />
<strong>Law</strong>yers<br />
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 />
De 1. 5<br />
H aas QC<br />
Charles<br />
Smith<br />
Machin & Jonathan<br />
1<br />
S3663<br />
11th 9.<br />
30 - 12. 45 Want To Get Ahe<br />
ad? Get A Strategy<br />
in conjunction with<br />
Professional <strong>Liverpool</strong><br />
S3752<br />
17th 9.<br />
30 - 12. 45 Commercial Prop<br />
erty For The Advisor<br />
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 />
20th 1.<br />
30 - 4. 45 Contract &<br />
Commercial Update<br />
S3597<br />
26th 12. 30 - 3. 45 Sports Injury Cla<br />
ims<br />
Ready?<br />
S3657<br />
25th 9.<br />
30 - 4. 45 Advising The Sus<br />
pect At The Police Station<br />
The Complete Novice<br />
Various<br />
Various<br />
Various<br />
S tephen Robinson<br />
Chris Beanland<br />
Colin Beaumont<br />
Nicky Carter<br />
3<br />
3<br />
5.5<br />
1<br />
3<br />
6<br />
3<br />
S Code<br />
Date<br />
Time<br />
December 2015<br />
Speaker<br />
CPD<br />
S3753<br />
2nd 9.<br />
30 - 4. 45 *N EW* Comm<br />
e rcial Litigation Conference<br />
V arious<br />
5. 5<br />
S3622<br />
4th 1.<br />
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 />
4th 1.<br />
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 />
15th 1.<br />
30 - 4. 45 Boundary Issues<br />
Including Adverse Possession<br />
Various<br />
Richard<br />
Snape<br />
Richard Snape<br />
5.5<br />
3<br />
3<br />
S Code<br />
Date<br />
Time<br />
January 2016<br />
Speaker<br />
CPD<br />
S3668<br />
20th<br />
5 - 7 <br />
<br />
<br />
<br />
<br />
Various<br />
1.5<br />
S3751<br />
26th<br />
9<br />
.30<br />
- 11 Feeling Left<br />
Out?<br />
Capacity, Estoppel and 1975<br />
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 />
S3712<br />
27th<br />
9<br />
.30<br />
- 12.45<br />
Commercial P<br />
roperty<br />
Update<br />
Richard Snape<br />
3<br />
S3769<br />
27th<br />
1<br />
.30<br />
- 4.45<br />
10 Tricky<br />
C<br />
ommercial Lease<br />
Problems & Solutions<br />
Richard Snape<br />
3<br />
S3782<br />
29th<br />
9<br />
.30<br />
- 10.30<br />
Introduction To<br />
Medico Legal Medicine<br />
Dr Andre Brittain<br />
-Dissont<br />
1<br />
S3792<br />
29th<br />
12 - 2 <br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Insurance related aspects of the<br />
Deregulation<br />
Act<br />
2015 (lunch included)<br />
David Holt<br />
1.5<br />
S<br />
Code<br />
D<br />
ate<br />
Time<br />
February 2016<br />
Speaker<br />
CPD<br />
S3708<br />
2nd 1<br />
.30<br />
- 4.45<br />
Short Term Re<br />
sidential Tenancies<br />
Paul Butt<br />
3<br />
S3730<br />
3 rd 9<br />
.30<br />
- 12.45<br />
First Class Clien<br />
t Services<br />
Jo Morris<br />
3<br />
S3755<br />
5 th<br />
9<br />
.30<br />
- 12.45<br />
*NEW* Excellen<br />
t<br />
Solicitors<br />
Client Care For Newly Qualif<br />
ied<br />
Candy Bowman<br />
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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visit our website: www.clayton-legal.co.uk
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