NWLN Nov:Dec 2015

North West Legal News
The magazine of the Association of North Western Law Societies
Nov/Dec 2015
George Osborne:
stripping away injured
people’s rights.
Clough & Willis
announces Private
Client Team promotions

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Local News
From the President
The red suited chap is almost here and there has been an early Christmas present
for convicted defendants with the announcement that the criminal courts charge
is to scrapped. At the time of writing the JR decision on issue of the legal aid
contracts had not been handed down so perhaps a further bonus is on its way? I
won't mention the issue of in house advocates...
Those solicitors who operate in the civil legal world have not received any early
festive gifts as yet, in fact just the opposite with the Chancellors proposal to
increase the small claims limit for personal injury cases to £5K.
It is also looking like the employment tribunal fees are here to stay given the
comments made by employment judges in response to the MoJs employment
tribunal fees review. The Judges propose that the Respondent should also pay
fees to lodge a response and for hearings.
If all that wasn't 'bah humbug' enough there is a government review of the Legal
Services Act 2007, so who knows what that will bring? Coupled with a SRA review
of regulation which proposes to regulate solicitors on the services they provide
rather than the organisation in which they work. This potentially has an adverse
impact on local authorities who currently provide reserved legal services to other
public bodies but could be seen as providing a level playing field by private
practice firms.
Given the above it appears that 2016 will continue in the same vein as this year
with high street firms operating at the margins and local government solicitors
being made redundant.
To all the solicitors in the North West, particularly those in Cumbria and north
Lancashire affected by the floods, I wish you a very happy Christmas and a
prosperous new year.
Bev Cullen
President
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North West Legal News 3

Editorial
Editorial: Michael Jackson
Touching Moments
A few weeks ago I was on a bus in
Spain. Several seats in front was a
rather odd but affable chap. I
noticed that he was trying to
communicate in a friendly manner
with several fellow passengers, but
without much success.
Sometime later, I noticed him
again. He had come into the
outdoor cafe we were in.
He was handing out tickets in
many languages explaining that
he was both deaf and dumb and
would appreciate some help. I
was bereft of Euro coins-----
incidentally, as I invariably am
when I first arrive in the hotel and
find I have nothing with which to
tip the porter who brings up the
suitcases.
When the deaf and dumb
gentleman came over to me to
collect, and having steeled myself
for an inevitable cold stare from
him I gave a hopeless shrug .
To my pleasant surprise, he
touched my arm and smiled as he
passed on to another table. It left
me with a feeling that he knew
what was important in life in spite
of having such a crippling
disability.
It also reminded me of a
Gynaecologist who was sitting
with a lady who was dying of
cervical cancer. He was so tired
that he fell asleep and found when
he awoke that she died ---- he
vowed afterwards that none of his
students would ever be so tired
that they would neglect a patient.
We are all prone to becoming so
Trapnership
obsessed with what seem to be
vitally important thoughts, that we
lose the opportunities of the
present moment
Many years ago the College of Law
used to publish a monthly
magazine called Law Notes--- ----it
had a way of making the Law
enjoyable and fun. .It was all very
readable and at the end, there was
a fictional interview between Mr
Worldly Solicitor and his Junior
Partner, Nephew Tom.
In those days after qualifying, one
would usually stay on for a couple
of years as an Assistant Solicitor
before being made a Junior
Partner. .Eventually the Senior
Partners would retire leaving the
up and coming Partners to pay
them a comfortable pension.
In the fictional interview to which I
have referred, Nephew Tom would
display his profound
understanding of a recent case or
Statute. However Mr Worldly
Solicitor would always have the last
word, usually finding a practical
solution to the problem.
One of the Lecturers was Mr
Cockshut. He had 2 aphorisms
which I remember . The first was
about a motorcyclist riding
through a wood. The objective of
the motorcyclist was to get
through the wood without
bumping into the trees. The trees
were the law --so the objective was
to avoid the law if one possibly
could-----the law can be a
dangerous minefield. Perhaps a
good motto in life is to avoid all
the professions!
The second aphorism was this If
one was a Lawyer, one was free to
do as one pleased with a lady
client on the sofa in a quiet
conference room, but if you
touched a client’s money, striking
off was inevitable. However, if you
were a Doctor, you could swindle
your patient as you pleased, but if
you touched her , that was the end
of your career!
Mr Cockshut also told us that a
Solicitor was 'a man of affairs '
whereas a Barrister was a man of
law, which underlines the point
that it is often better to resolve the
issues on a pragmatic basis, in the
style of Mr Worldly Solicitor! e.g.
to be aware that Christmas is a
good time for settling accident
claims as it is that time of year
when we all, hopefully, make a
special effort to be kind!
Michael Jackson
Editor
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Wishing all our readers a
Happy Christmas and
Peaceful New Year
4 North West Legal News

Local News
UKABIF Lawyer of The Year 2015
Carpenters Solicitors are delighted
to announce that their Technical
Director Ann Allister has been
awarded the prestigious title of
‘UKABIF Lawyer of the Year 2015’.
The award recognises Ann’s tireless
work and expertise in securing best
outcome for those who are
catastrophically injured and
affected with brain injury.
The United Kingdom Acquired
Brain Injury Forum (UKABIF) aims
to promote better understanding
of all aspects of ABI; to educate,
inform and provide networking
opportunities for professionals,
service providers, planners and
policy makers and to campaign for
better services in the UK. UKABIF
has membership of leading
Lawyers, Medical Consultants and
other service providers who are
specialists in Brain injury.
Ann and her team deal with the
most serious of injury claims. The
team are dedicated to seeking out
comprehensive rehabilitation and
ultimately maximum
compensation, recognising the
individual and the family needs of
each and every client.
Drawing down on their experience
Ann Alister
and expertise the team also use
their experience to help those
without claims. Ann is an active
trustee of Headway Wirral, the
highlight of which is an annual
Dragon Boat Festival to help ABI
sufferers. The Festival continues to
grow from strength to strength
each year as does the client base of
Headway Wirral, further reinforcing
a continuing understanding and
appreciation of the difficulties
often faced by those who are
affected by ABI
Clough & Willis announces
Private Client Team promotions
Clough & Willis – the Bury based
law firm – has promoted two of its
solicitors to associate level with
immediate effect.
Sally Cook joined Clough & Willis
in February 2014. Since her arrival
Sally has headed up the Private
Client team which focuses on a
variety of core work including:
wealth and succession planning,
inheritance tax advice, trust
creation and administration, wills,
lasting powers of attorney and
estate administration. Sally’s own
specialist areas are wills,
inheritance tax and estate
planning, powers of attorney and
Court of Protection matters as well
as estate administration (probate
& intestacy) and trusts.
The second promotion is Karen
Yates. Karen started her career at
Clough & Willis over 10 years ago.
She works alongside Sally in the
Private Client department and also
deals with property transactions
and residential conveyancing
matters for clients in the North
West and across the whole of the
UK. Following her promotion she
will now lead all work in her areas
of law at the firm’s newly opened
office in Bolton.
Shefali Talukdar – managing
partner of Clough & Willis – said:
“Both Sally and Karen are fantastic
lawyers and their promotions are
much deserved. They are both
dedicated to their careers and
strive to offer the best possible
service to their clients. Therefore,
we felt it was right to formally
recognise their effort and we look
forward to seeing them progress
their careers over the coming
years.”
Brabners advises on formation
of Macclesfield free school
Commercial law firm Brabners has
advised Youth Federation on the
formation of a brand new free
school in Macclesfield. The Fermain
Academy, which opened last
month, will provide alternative
teaching for up to 40 students
aged between 13 and 16 who have
been excluded from mainstream
education.
Free schools are funded directly by
central government but
independent of local authorities
and have increased control over
budgets, teachers' pay, the
curriculum and buildings.
A team from Brabners made up of
Partner and Head of Charity
Stephen Claus, Associate Graeme
Hughes, Partner Nigel Williams and
Associate Andrius Roos advised
the senior management team from
Youth Federation on governance,
charity law and disposal of the site,
which was previously a youth club,
to the free school company. Youth
Federation’s pre-opening team
consisted of CEO Chris Hindley,
Finance Director, Mervyn Harding,
and two Operations Directors
Martin Howlett and Kevin
Bradburne. The teams together
with the Principal, Nic Brindle
established a fully functioning free
school from scratch in less than 10
months.
Charity law Associate Graeme
Hughes said: “This type of school is
increasingly providing for
youngsters who otherwise might
slip through the educational net.
Although they are not the easiest
things to set up, we have been
delighted to assist Chris Hindley
and his team who have been
dedicated to this cause for the last
several years – well done and we
wish the new school the very best
going forwards.”
Chris Hindley, Chief Executive
Officer of Youth Federation said:
“The challenge of setting up a free
school in the current climate is
immense, but the support from
Brabners was invaluable in
allowing us to navigate these
challenges successfully.”
Please send your news for the
next edition to
j.baskerville@jbaskerville.co.uk
With over 60 members Atlantic Chambers is able to offer a wide
range of expertise within our specialist practice groups.
Civil Litigation including Clinical Negligence,
Family, Chancery & Commercial, Crime,
Employment, Proceeds of Crime & Public Law
4-6 Cook Street, Liverpool L2 9QU
T 0151 236 4421 F 0151 236 1559
DX: 14176 Liverpool 1.
E-mail: info@atlanticchambers.co.uk

The SBA
SBA The Solicitors’ Charity
SBA The Solicitors’ Charity has been working in the North West to
help solicitors and their families for well over 150 years. Its
mission? To ensure that no solicitor is unsupported in times of
need or crisis
Financial support for solicitors
SBA’s charitable object is to relieve the financial hardship of solicitors, former solicitors and their dependants.
There is a perception that SBA is all about supporting elderly or retired lawyers. In fact, most SBA beneficiaries are aged 60 and under
and they come from every area and level of legal practice. They do, however, share one characteristic: none have the resources to
pay for the normal things in life, things that most of us take for granted.
In recent years, SBA has distributed nearly £50,000 to Manchester lawyers and their families. Awards covered a wide range of
everyday needs, including help with the basics - food, clothing and heating.
SBA was also on hand to help with urgent one-off items, when boilers broke down or roofs needed repairing.
We sometimes took care of priority debts, if clearing them could put household finances back on to a permanently even keel.
Help with career transition
Times are getting tough for some colleagues, particularly those in criminal practice. SBA’s response has been to offer practical,
positive support with career transition.
Solicitors who qualify under the financial criteria can join a three-month programme which offers holistic career, job search and
wellbeing support via a professional consultancy.
This is an e-learning, portal-based service, backed up with one-to-one skype and telephone coaching.
Where appropriate, SBA can also offer financial support during the programme, so that participants can really focus on their job
search, rather than worry about day-to-day household finances.
Can we help someone you know?
Does your HR team know about SBA? Perhaps you know someone finding it hard to cope? We would love to help if we can.
To find out more, please visit our website or get in touch via the details below:
Web: www.sba.org.uk
Tel: 020 8675 6440
Email: sec@sba.org.uk
6 North West Legal News

Probate Software:
Training,
v
Leadership and Support
Training
Charles Christian Quote
Charles Christian, the doyen of legal software technology, in his chapter
on training in the ‘Probate Practitioner’s Handbook’ (The Law Society,
2006) writes, ‘left to their own devices, fee earners will often claim that they
are ‘far too busy’ to attend training and then complain that the software is
‘hopeless’ when they later discover that they do not know how to use it.’
Training is much underrated
Those who fail to learn will blame the software
Your probate team who fail to learn the software will of course blame the
software. I have observed this phenomenon like watching a car crash in
slow motion, while the head of department ignored all the warnings.
Most firms are blessed with strong and responsible leadership
Fortunately most firms are blessed with strong and responsible
leadership. The more usual refrain in this instance is, “We don’t know how
we managed before we got the new probate system.”
Support
Training to use software is much underrated by most firms. It is an area
where many firms try to make savings. By doing so, they risk shooting
themselves in the foot. Trying to save money on training is a false
economy. The result is that fee earners and support staff will not be able
to use the software properly. The consequent risk to the firm is a wasted
investment.
Trying to save money on training is a false economy. The result is that fee
earners and support staff will not be able to use the software properly.
It is important to actively use the software
This however is only half the story. Even more important than training is
for fee earners and support staff to actively use the software after training.
Becoming familiar with the software is as important as the initial training.
In a regime with weak or laissez-faire leadership, fee earners will often be
tempted to go back to their old and inherently inefficient ways of dealing
with estate administration, and ignore the benefits of a dedicated probate
system.
History is littered with the detritus of those who refused to learn
Most of us enjoy the easy familiar routines. Learning how to use a new
software system is a nuisance, no matter what the potential benefits
might be. It is even worse when we are obliged to suffer a temporary
decline in our productivity until we are familiar with the new system.
History is littered with the detritus of the failures who refused to learn and
adapt to the new because it was too much trouble.
Leadership
Enduring the learning curve
Strong departmental leadership would insist on fee earners and support
staff enduring the learning curve. People do not expect it to take as long
as it often does, sometimes three, four or five weeks. It is nevertheless the
only way to ensure the success of a new system. The alternative is to risk
failure and a waste of the money that you have spent.
Support is a fundamental component of a good software solution, albeit
often overlooked by many buyers. Lack of training increases the
importance of support. This is particularly so with probate software, since
probate is
primarily an accounting function, while many solicitors still mistakenly
think of probate as a case management function.
The bulk of estate administration is about finance
The bulk of estate administration is about collecting and collating the
finances of the deceased estate in such a way so that an accurate set of
accounts can be easily produced and the myriad of inheritance tax forms
can be automatically populated with the financial data that has been
entered into your probate accounting database.
Case Management is the easy part of probate work
Case management is the easy part of probate work. It involves keeping
track of the tasks involved, and outputting a series of relatively standard
letters and oaths. All the easier if the financial data is held in an
accounting database with which the case management component is
integrated.
Support from your supplier is fundamental
In view of the sheer complexity of probate work, understanding the tax
rules, and how to treat the financial data, increases the importance of
support, and being able to readily contact your software supplier for
assistance. It is important that your probate software supplier can assist
you in knowing how to treat ISAS and PEPS, listing the market value of
equities and their dividends, calculating the cash value to the beneficiary
who does not want shares, accounting for an abatement of assets, listing
the foreign shares and calculating the tax due under the double taxation
agreement, and more recently, how to deal with FATCA.
Quality of support from your supplier who has previous
experience of probate work
In order to provide you with the quality of support to understand these
questions, it is fundamental that your probate software supplier’s support
team have previous experience in this area of work, and can provide
relevant and reliable answers,
Isokon
For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited.
Email: gregory@isokon.com or call 020 7482 6555. Alternatively visit www.isokon.com
Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over
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
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
estates. Isokon is based on an accounting database engine with an integrated Isokon case management component.
Alternatively visit www.isokon.com

Law News
The new Rehabilitation Code 2015:
A collaborative working relationship
Helen Kanczes of Clyde & Co outlines the
changes to the new code
The decision to review the
Rehabilitation Code ('Code') for
the third time since its first
publication in 1999 follows a
series of personal injury
developments, including the
Jackson reforms, the creation of
the Ministry of Justice portal and
changes within the NHS.
The principles of the 2007
Rehabilitation Code were not in
question. The review was
concerned with the way the Code
was being applied following these
reforms and the perception that
different levels of claims might
need to be catered for in more
detail.
A draft of the draft 2015 Code was
prepared by the IUA/ABI Working
Party, which was subsequently
approved and is due to become
operational on December 1 2015.
The IUA/ABI Rehabilitation Working
Party has also published some
helpful accompanying case
management guide for
rehabilitation case managers.
The purpose of this article is to
provide an overview of the
proposed changes, and how the
new 2015 Code differs from its
2007 predecessor.
THE 2007 REHABILITATION CODE
In order to look at the 2015 Code, it
is necessary to go back to the 2007
Code.
The 2007 Code acted as a "blanket"
code, to be used in all types of
injury cases from the least to the
most severe. It set the foundation
for claimant solicitors and
compensators working
collaboratively to achieve early
rehabilitation and intervention
even in cases where liability was
denied or remained undecided.
The aim of the Code was to
'promote the use of rehabilitation
and early intervention so the
injured person makes the best and
quickest possible medical, social
and psychological recovery'.
Under the provisions of the Code,
an Initial Need Assessment ('INA')
was carried out and a report
produced to deal with:-
• Injuries arising out of the
accident;
• The current disability/incapacity
arising from those injuries;
• Any medical conditions not
arising from the accident, where
relevant to the overall picture of
the claimant's needs;
• The claimant's domestic
circumstances;
• The injuries/disabilities in respect
of which early
intervention/rehabilitation is
suggested;
• The type of treatment;
• The likely costs of treatment; and
• The likely outcome of the
treatment.
The INA could be carried out by a
person or organisation which had
a direct business connection with
either party, provided the other
side was in agreement.
The provisions of the 2007 Code
were not mandatory and the
parties remained free to agree an
alternative framework if
appropriate.
THE REVIEW
When the IUA-ABI Working Party
first met to discuss the 2007 Code,
their discussions covered three
main topic areas:-
1. Splitting the code into three
different areas: high, mid-range
and low value;
2. Whether the Code should
include closer liaison with the NHS;
and
3. Developing a document which
would advise all parties on what to
expect from each discipline when
commissioning case managers.
The 'Guide for the Best Practice at
the Interface between
Rehabilitation and the Medico-
Legal Process' was used as a
pathway into discussions with the
NHS in developing the updated
Code.
THE 2015
REHABILITATION CODE
The 2015 Code is keen to
emphasise that it is there to
promote a collaborative working
relationship between the parties,
with the aim of facilitating the
quickest possible recovery for the
claimant.
The most immediately noticeable
change in the 2015 Code is in aim
itself, which now includes
vocational recovery as well as
medical, social and psychological.
The 2015 Code has also been split
into two sections: Lower-Value
Injuries, and Medium, Severe and
Catastrophic Injuries.
Sections 1-3 set out the guiding
principles and obligations of all
types of injury. These mostly
remain the same as those set out
in the original 2007 code, with a
few additions:-
• There is now an obligation on the
claimant's solicitors to work with
the claimant's employers, where
practicable, to ensure the
claimant's position is kept open for
them as long as possible.
• Claimant solicitors will be
expected to send to the
compensator, information
covering the nature and extent of
any likely continuing disability and
any suggestions which may have
already been made concerning
rehabilitation. This should be
communicated within 21 days of
the claimant's solicitors becoming
aware of the disability.
• There is also a new obligation on
the compensator. Where they
recognise a claimant may have
rehabilitation needs, the
compensator should contact the
claimant's solicitors as soon as
practicable to seek to work
collaboratively on addressing
those needs.
• In higher value injuries, it is
envisioned case managers will play
an essential role, and the new
Code should therefore be read in
conjunction with the 'Guide to
Case Managers'.
• The new Code outlines ten
'markers' which should be taken
into account when assessing the
claimant's rehabilitation needs,
including age, pre-existing
physical and psychological
comorbidities, mental capacity,
geographic location, dependents,
return to work issues, etc.
Lower-Value Injuries (

The case manager is to appointed
at the outset of the case, and will
conduct the INA, which should
deal with the need for and type of
rehabilitation assistance.
Once appointed, the case manager
should make immediate contact
with the treating clinical lead to
assess whether any proposed
rehabilitation plan is appropriate.
The case manager may have a
direct or indirect business
connection with the claimant's
solicitor or compensator only if the
other party agrees.
Further reports may be obtained
as required throughout the
recovery process.
Following receipt of the INA, both
parties will have the right to raise
questions on the report.
The d2015 Code also proposes
increased liaison with the NHS in
relation to the claimant's
rehabilitation:-
• The INA should go ahead whether
or not the claimant is still being
treated by an NHS physician, but
the treating physician should be
consulted about their
recommendations for short- and
longer-term rehabilitation. It is the
case manager's role to make
contact with the treating physician
prior to carrying out the INA.
• The case manager's INA report
should include the availability or
planned delivery of interventions
or treatment via the NHS (also any
treatment provided by the
claimant's employer or health
insurance schemes).
• Recommendations for further
medical investigation must comply
with the claimant's NHS
Rehabilitation prescription,
discharge report, etc.
• Subject to the claimant's consent,
a copy of the INA should also be
sent to the claimant's GP.
CONCLUSION
The emphasis in the case
management code is one of
corroboration, independence and
a duty to the injured person first
and foremost.
Much of the principles of the 2015
Code and the case management
guide are already standard practice
at most personal injury firms, but
the agreement is certainly a step
forward.
It shows a willingness to
collaborate on both sides, which
can only be beneficial.
Helen Kanczes
Clyde & Co
George Osborne: stripping
away injured people’s rights.
Stand up for justice and let’s
fight back!
George Osborne’s Autumn
Statement delivered a nasty
surprise for accident victims and
their representatives- and also the
Ministry of Justice who didn’t
know about it either. Out of the
blue, he announced an increase in
the Small Claims Limit for damages
for pain suffering and loss of
amenity (PSLA) from £1000 to
£5000 for all claims. There would
be no compensation whatsoever
for “minor soft tissue injuries”
(MSTI). As the vast majority of all
accidents attract damages below
£5000 for PSLA, victims will loseand
insurers cash in.
The consequences for clients are
nothing short of disastrous. If
these proposals had been
implemented last year, up to 95%
of the 759,763 road traffic accident
victims in 2014 who were awarded
compensation would have been
unable to claim for their injuries at
all.
Also last year, there were 208,310
claims by those injured at work,
through public liability or the fault
of occupiers. Up to 85% would
have been forced to bring their
claims in the Small Claims Court
(SCC), facing a stark choice. Take on
the insurance company alone
without a lawyer, or pay the whole
of their legal costs from any
compensation awarded.
Unrepresented claimants –
litigants in person vs hard bitten
experienced insurance claims
assessor - persuading an
overworked District Judge to
award compensation? Hardly
justice!
Even those injured people who
would be prepared to sacrifice a
large chunk of their compensation
- between 30-40%- to hire a lawyer
and pay their outgoings will find it
hard to find one. Many specialist
personal injury solicitors who are
able to work cost effectively
through economies of scale will be
forced out of business - a recipe for
charlatans, the unscrupulous
unqualified and higher costs bills
from non specialist dabblers.
The financial risk to claimants and
the stress on their nerves is
singularly unattractive. So
claimants won’t risk pursuing their
otherwise fully justified claims,
either with or without a solicitor’s
help. What will happen? If they are
lucky, they will be approached
direct by the insurers who may
offer a ‘take it or leave it’ pittance.
Ever bigger insurer profits will be
made on the back of
undercompensated claimants.
Why is the Chancellor doing this?
He claims it will cut £1bn from the
cost of motor insurance. He
“expects’” the insurance industry to
pass this on to motorists to the
tune of £40-50 per year. We have
heard this before.
The insurers promised to reduce
premiums before the last round of
anti-victim cuts in LASPO. Even
though solicitors’ fees were
slashed by 60%, insurance
premiums barely moved. Ironically,
Mr Osborne has just increased
Insurance Premium Tax (IPT) by
3.5%, increasing insurance
premiums for everyone. So
insurance now costs more and
hundreds of thousands of injured
claimants lose out anyway.
But this is short-sighted ‘back of an
envelope’ economics, that doesn’t
add up.
The expert Faculty of Actuaries has
just reported:
The government announced last
week in the Autumn Statement
plans to make it more difficult for
people to claim compensation for
exaggerated or fraudulent
whiplash claims, by ending the
right to cash payments and the
ability for more cases to be taken
to small claims court. They expect
that these changes could reduce
motor insurance premiums by £40
to £50 a year. Our analysis shows
that this would be equivalent to
stopping all third party injury
claims under £13,000. The
measures necessary to achieve this
could be quite draconian and
could affect legitimate whiplash
claims."
Moreover, the Treasury is likely to
lose in excess of £1billion from
lower recovery of welfare benefits
paid to the DWP from successful
claims, and loss of VAT, Income Tax
and Corporation Tax from the
demise of law firms, their suppliers
and contractors, as thousands of
lawyers and their hard working
staff are thrown on George
Osborne’s scrap heap and the dole.
The Access to Justice Action Group
(AJAG) believes this campaign is
‘do or die’ for representation of
injured people- our one and only
raison d’etre. We intend to fight
this tooth and nail with no
distractions to ensure that the
Government think again. Please
pledge your support.
To find out more, please refer to
www.ajag.co.uk and
AJAG@ralli.co.uk
Martin Coyne
Solicitor
Ralli Ltd
Copyright 03/12/2015
PI

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Help for Solicitors
All About LawCare
Since 1997 LawCare, through its free, confidential and independent
helpline service has been helping members of the legal professions,
their support staff and families by providing information and support
with any issues affecting them.. However, there are still many lawyers
who are not aware of the support available and we are often asked
questions about what we offer.
How are you funded?
LawCare is a registered charity funded primarily by the professional
bodies for legal groupings throughout the British Isles. Although we
do welcome any donation, however small.
Is LawCare part of any of the professional bodies?
No. LawCare is entirely independent of all the professional bodies and
only reports statistics to them.
Is it a counselling service?
Callers to the LawCare helpline are provided with initial support from
our staff, who all have experience of working in the legal professions
and have had some training in telephone counselling skills. They can
discuss problem with the callers and help them plan a way forward..
This may include helping to identify a professional counsellor or
another specialist service, such as a treatment centre.
What problems can you help with – and what don’t you do?
LawCare offers support on anything which is troubling you, be it
business or personal, big or small. We are impartial and can provide
reassurance and even if a solution does not immediately present
itself, talking about it can be very cathartic. We do not offer legal
advice but our helpline personnel have experience of the legal
profession and an understanding of the issues that arise. If more
specific advice is required, then, in most instances, we can signpost
you to someone who can help.
Can anyone phone LawCare?
Anyone in the legal profession, from a Judge to a paralegal, their
immediate families and staff, are welcome to use LawCare’s service.
This includes students and trainees.
Is it free?
LawCare’s helpline service is entirely free. However, if we help identify
a counsellor, other therapist or treatment unit then funding will
normally need to be provided by the caller, though wherever possible
we will assist to source funds if necessary.
Is it confidential?
Confidentiality is at the heart of what we do. You don’t have to give
your name if you’d rather not, and the records we need to keep are
stored on a secure and closed computer system accessible only to
LawCare staff. We are non judgmental and our service is one of
support.
Is there a limit to the number of times people can call?
No. Many people do call back a number of times for further support
and encouragement, often over a long period of time. However, there
is a limit to what we can achieve and a regular caller might need to
consider whether they need a higher level of support than LawCare
can offer – such as a mental health professional. But wherever
possible, we will be a supportive, listening ear.
What other services does LawCare offer?
We also try to prevent problems arising by offering training and
education on wellbeing and are involved in other work relating to
researching and promoting professional wellbeing in the legal
workplace. Our website provides an overview of the support available
and our range of helpful factsheets can be found there for
downloading.
How do I contact you?
Our free and confidential helpline is available on 0800 279 6869 and
information is also available on our website at
www.lawcare.org.uk
LawCare Ltd is registered as a charity in England and Wales no.
1061685 and in Scotland no. SCO39335.
North West Legal News 11

News
Local Search Delays and
“Groundhog Days”
The effect of cuts in Local Authority staffing levels is hitting Land
Charges staff as much as other departments. Solicitor’s reports of
increasing delays in obtaining the replies to Local Authority Searches
have led to headlines in regional newspapers talking of “Groundhog
Day on homes as chains break over “appalling” time it takes council to
do land searches” (Salisbury Journal 24 June 2015). Delays of between
12 and 17 weeks have been reported and other councils have blamed
the volume of search requests for delays of over 5 weeks.
2015)a large number of main lenders accept Insurance for purchase
transactions and even more for re-mortgages. Conveyancers should
however always check the replies to Question 5.4.6 of Part 2 of the
CML Handbook before recommending Insurance to a buyer. Similarly
(in the same way you would check the replies to a written search)
Conveyancers should always check that the policy provided offers
adequate protection for their client and their lenders ( in terms of
both the extent and financial level of cover).
Conveyancers will know that delays like this are a major contributor
to chains falling through and transactions failing to complete. With
more law firms offering “No Completion, No Fee” deals lawyers are
losing out.
Lawyers looking to limit the problems caused by these delays need to
look at where No Search or Delayed Search Insurance is suitable.
Stewart Title offers a range of these policies to protect both buyers
and their lenders. In the case of re-mortgages, Lender Only policies
can be provided. Standard policies can normally be ordered on line or
in more difficult or unusual cases from our underwriting team.
As well as usually being quicker than a full written search, the
premiums for No Search Insurance are normally lower than the fee
payable to the Local Authority.
To discuss the issues raised in this article or for any other queries
you have regarding our products, please contact Robert Kelly on
07415 240 703 or robert.kelly@stewart.com.
Robert Kelly, Commercial Business Development
Manager, Stewart Title Limited
Robert joined Stewart Title in 2013 after 25 years of experience as a
Commercial Property lawyer specialising in development and portfolio
management. This experience plays a vital part in his role working closely
with the Property industry to use Indemnity Insurance to resolve title
problems and speed up transactions.
There is some confusion amongst conveyancers regarding the
attitude of lenders to No Search Insurance. Whilst some lenders are
not willing to accept it in lieu of full written searches; a quick check of
Part 2 of the CML Lenders Handbook shows that (as at 19 November
12 North West Legal News

Claire’s
evening out
began with
a speedy
response
to an urgent
title matter.
After another hectic week at work, Claire was looking forward to a night
out with friends – until a problem with access to a property threatened to
derail one of her exchanges. But Claire didn’t panic. Instead, she contacted
Stewart Title. We responded quickly and provided cover for her client just
in time for exchange – and just in time for Claire to join her friends for a
well-earned dinner.
Contact us today to see what we can do for you. Call 020 7010 7820 or visit
stewarttitle.co.uk.
© 2015 Stewart. All rights reserved.

Regulation
Regulation Update
The latest regulation news by
Michelle Garlick of Weightmans LLP
I can’t quite believe we have reached the final month of the year already.
Where does the time go?! And I’m sure that time is something all those
responsible for risk and compliance in your firms will have very little of!
With the SRA releasing a new version of the Handbook last month, the
SDT reporting that its budget has increased for next year to almost £3m
because of the increase in number of cases coming before it and the SRA
reporting a number of firm closures as a result of dishonesty in recent
weeks, there isn’t a great deal of Christmas cheer or comfort and joy in
the regulatory world at the moment!
So let’s take a look at what’s been going on in a bit more detail:
Version 15 of the SRA Handbook
This was published on 1st November 2015 and whilst a number of
changes have been made, there isn’t a great deal to get too excited
about. The changes cover a number of different aspects of the Handbook
including Authorisation of Sole Practitioners, Training Regulations,
Accounts Rules and Separate Businesses. Sole Practitioners will be
pleased to know that they no longer need to renew their authorisation
annually and have an endorsement on their certificates. Instead, Sole
Practitioners firms are given lifetime authorisation.
The SRA Training Regulations 2014 have been amended to enable people
to qualify as a Solicitor through completing an apprenticeship, which
opens up a new entry route to the profession. Changes to the Accounts
Rules mean that some firms will now be exempt from obtaining an
accountant’s report but before you get too excited, the categories which
are exempt are very limited indeed. For the rest who still have to submit
an accountant’s report, there have been changes to its format to allow
the accountant to exercise their professional judgment and concentrate
on risks to client money.
One of the key changes is the relaxation of the separate business rule
under Chapter 12. To enable solicitors to offer other professional services,
Chapter 12 of the SRA Code of Conduct has been amended to replace
restrictions on links with certain types of separate businesses with new
outcomes on client protection instead.
The idea is to create more of a level playing field with ABSs so a
traditional law firm can now own certain types of business which used to
be prohibited. There are still hoops to jump through if you are thinking
about being involved in such businesses which need careful
consideration so do take advice if this is something you are thinking of
exploring.
SDT Costs
The SDT has recently announced that its budget for next year will be
£2.9m, an increase of 5.6% and almost £1m more than the amount spent
in 2014. It cites the main reason for this increase as due to a massive rise
in the number of cases coming before it. In the first half of 2015, the SDT
reported a 69% rise in cases certified for hearing before the SDT
compared with the same period in 2014. Interestingly, it reports that
there has been an increase in challenges to the SRA case which need
addressing before the substantive case is heard. This increase in both
costs and preliminary challenges is clearly concerning although based on
my Compli team’s experiences in acting for law firms who are being
investigated by the SRA, it is perhaps not surprising that challenges are
being made. There is some work to be done in my view by both the SRA
and the SDT on their procedures when deciding which cases should be
referred to, or certified by, the SDT.
But of course the last thing any law firm or solicitor wants is an
investigation by its regulator and/or a trip to Ludgate Circus (the home of
the SDT) – the hassle factor, costs in both lost fee earning and
management time, potential fines, difficulties in securing PII and the
reputational damage can be disastrous for a business – so there is clearly
work to be done by firms too to ensure they stay off the SRA’s radar.
SRA firm closures
Staying on the same theme, we have seen a spate of interventions and
firm closures by the SRA recently where dishonesty has been suspected.
There were at least 8 reported in recent weeks where breaches of the SRA
Accounts Rules and Principles have been alleged. This is a worrying
number in such a short space of time and I hope it is not an upward
trend. Whilst it is true that cyber crime has become a key focus of firms
recently, fraud by employees and partners also needs to be high on every
firm’s risk register with strong systems, checks and procedures to mitigate
against this risk.
SRA Innovate
On a more positive note(!), the SRA has unveiled a new initiative to
support law firms. Called SRA Innovate, it provides online guidance and
support to solicitors and law firms looking at new ways to serve their
clients and run their businesses so if you have been thinking of a new
way to serve your clients or have an idea but are not sure whether
regulation could stop it getting off the ground, SRA Innovate may be for
you! Crispin Passmore has been quoted as saying “We want our regulation
to support innovation, which in turn can be a real benefit to the public. It
doesn't matter if you are an existing law firm or new to providing legal
services, a traditional partnership or an ABS. SRA Innovate is here to help
you navigate regulation and meet your client's needs. My advice to any
firms thinking about developing innovative offers is, get in touch and let's
talk about how we can try and make it work. Our starting point is an
instinct to say 'yes' to new, creative ideas.”
All very laudable and if it does what it seems to suggest it wants to do, it
could mark a sea change away from their previous approach of not giving
guidance/safe harbour. How it will work in practice remains to be seen
but if you are thinking of being innovative, the SRA certainly wants to
hear from you so have a look on the SRA Innovate pages of the website
for more information.
Have a very Happy (and risk free) Christmas!
Michelle Garlick
Weightmans LLP

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Early Years
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A winning
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College
Year 9 to Year 11
Sixth Form
Year 12 to Year 13
• 94% pass rate in our latest GCSE results
• New Science ce facilities open 2015
• New Sixth Form opening September ember 2015
• Rated Excellent in all areas by ISA
Over the past few years, Scarisbrick
Hall School has established itself
as one of the leading independent
schools not only in the North
West,
but in the UK.
We are one of only a handful of
schools rated as “Excellent” in every
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Schools Authority and have since
won a National Award from ISA.
With a multi-million pound
investment scheme under way, as
well as consistently high academic
achievement, Scarisbrick Hall School
is the school of choice in the region.
• Traditional family values and a warm friendly atmosphere
• High standards ds of education throughout school,
from birth to eighteen
• Opportunities for leadership activities and outdoor pursuits
in our historic 50 acre grounds and lake
• Innovative curriculum riculum to challenge students to grow personally
• Excellent GCSE results year on year
• New build Science Faculty ready 2105
• Sixth Form launch September 2015
And there’s much more to come…
Scarisbrick Hall School. Excellence in Everything.
find out more: www.scarisbrickhallschool.co.uk .uk | 01704 841151
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