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<strong>Jan</strong>uary 20<strong>16</strong><br />

October 09<br />

1<br />

North West Law<br />

Osborne pledges to raise the small claims limit for PI claims<br />

to £5,000 and scrap damages for soft tissue injuries<br />

The government is set to<br />

remove the right to general<br />

damages for minor<br />

soft tissue injuries and increase<br />

the small claims<br />

limit for personal injury<br />

claims from £1,000 to<br />

£5,000.<br />

In moves likely to hit personal<br />

injury lawyers very<br />

hard, the Treasury said: “The<br />

government is determined<br />

to crack down on the fraud<br />

and claims culture in motor<br />

insurance. Whiplash claims<br />

cost the country £2bn a<br />

year, an average of £90 per<br />

motor insurance policy [figures<br />

it attributes to the Association<br />

of British Insurers],<br />

which is out of all proportion<br />

to any genuine injury<br />

suffered.<br />

“The government intends to<br />

introduce measures to end<br />

the right to cash compensation<br />

for minor whiplash injuries,<br />

and will consult on<br />

the details in the New Year.<br />

“This will end the cycle in<br />

which responsible motorists<br />

pay higher premiums to<br />

cover false claims by others.<br />

It will remove over £1bn<br />

from the cost of providing<br />

motor insurance and the<br />

government expects the insurance<br />

industry to pass an<br />

average saving of £40 to<br />

£50 per motor insurance<br />

policy on to consumers.”<br />

It said that claimants would<br />

still be entitled to claim for<br />

‘special damages’, including<br />

treatment for any injury if<br />

required and any loss of<br />

earnings.<br />

“More injuries will also be<br />

able to go to the small<br />

claims court as the upper<br />

limit for these claims will be<br />

increased from £1,000 to<br />

£5,000,” the Autumn Statement<br />

said.<br />

The spending review statement<br />

said the government<br />

intends to introduce measures<br />

to end the right to cash<br />

compensation for minor<br />

whiplash injuries, and will<br />

consult on the details in the<br />

new year.<br />

Huw Evans, director general<br />

of the Association of British<br />

Insurers, said: ‘This is a significant<br />

breakthrough in<br />

tackling the compensation<br />

culture and is good news for<br />

motorists. Insurers have<br />

long called for meaningful<br />

reform in reducing costs in<br />

the compensation system,<br />

including increasing the<br />

small claims track limit.<br />

‘Previous government reforms<br />

have already led to insurers<br />

passing on over £1bn<br />

in savings to motorists<br />

through lower premiums,<br />

and in a highly competitive<br />

motor insurance market, insurers<br />

will continue to pass<br />

on savings to customers.’<br />

Your <strong>Manchester</strong> Law Society member reward card 20<strong>16</strong><br />

Your reward card is back and bigger and better than ever!!<br />

Go to pages 18 & 19 to view all of the new benefits<br />

available and the new offers for 20<strong>16</strong>....<br />

scan me to download your<br />

complimentary<br />

<strong>Manchester</strong> Law Society<br />

Reward Card<br />

smart phone app<br />

Law Society President<br />

Jonathan Smithers has commented:'No<br />

matter who you<br />

are, no matter where you<br />

live or whatever your financial<br />

situation, everyone in<br />

England and Wales must be<br />

able to access legal advice.<br />

The Law Society is concerned<br />

that plans outlined<br />

in the chancellor's Autumn<br />

Statement will contribute to<br />

the continued erosion of access<br />

to justice for ordinary<br />

people.<br />

'There are three areas of particular<br />

concern: many people<br />

who have suffered<br />

injuries will not have access<br />

to specialist legal advice;<br />

plans to close local courts<br />

are moving ahead before<br />

the technology to replace<br />

them has been tested; and<br />

the Ministry of Justice will<br />

be heavily hit by cuts to<br />

both the front line and administrative<br />

budgets.'<br />

The Monthly Publication of the <strong>Manchester</strong> Law Society<br />

In association with<br />

More on this on page 10<br />

Martin Coyne of Ralli Solicitors<br />

and Chris Murray of Clyde & Co<br />

respond to the proposals<br />

<strong>Manchester</strong> Legal Awards 20<strong>16</strong> principal sponsors


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Contents 3<br />

North West Law<br />

<strong>Jan</strong>uary 20<strong>16</strong><br />

<strong>Manchester</strong> Law Society<br />

64 Bridge Street<br />

<strong>Manchester</strong> M3 3BN<br />

Tel: 0<strong>16</strong>1 831 7337<br />

Fax: 0<strong>16</strong>1 839 2631<br />

www.manchesterlawsociety.org.uk<br />

Editor: Fran Eccles-Bech<br />

Meet the President<br />

page 5<br />

In this edition...<br />

NEWS<br />

Brabners forms collaboration with new<br />

Sports and Media firm Centrefield LLP<br />

Jeff Lewis steps down from Council after<br />

<strong>16</strong> years<br />

<strong>Manchester</strong> Lawyer secures place in<br />

prestigious guide<br />

6<br />

8<br />

8<br />

Editorial Committee<br />

Raana Afsarpour, JMW Solicitors LLP<br />

Such Amin, Aequitas Legal<br />

David Anderson, St Johns Buildings<br />

Julia Baskerville, Baskerville Publications Ltd<br />

Fran Eccles-Bech, <strong>Manchester</strong> Law Society<br />

Adam Entwistle, JMW Solicitors LLP<br />

Mark Fitzgibbon, Hill Dickinson<br />

Jemma Goldstone, JMW Solicitors LLP<br />

Michael Hardacre, Slater & Gordon<br />

Helen Kanczes, Cylde & Co<br />

Steve Kuncewicz, Bermans LLP<br />

Adrian Kwintner, Mills & Reeve<br />

Jeff Lewis, Brabners LLP<br />

Louise Straw, Burton Copeland<br />

Matthew Taylor, Eversheds LLP<br />

Published by<br />

Brabners Collaboration<br />

page 6<br />

<strong>Manchester</strong> Law Society – Cybersecurity &<br />

Risk In The Information Age Conference 2015<br />

Report<br />

FEATURES<br />

PI Claims: Martin Coyne of Ralli and Chris<br />

Murray of Clyde & Co give their responses to<br />

the government’s proposals<br />

9<br />

10<br />

Baskerville Publications Ltd<br />

25 Southworth Way<br />

Thornton Cleveleys<br />

Lancashire FY5 2WW<br />

Advertising enquiries<br />

Julia Baskerville<br />

01253 829431 j.baskerville@jbaskerville.co.uk<br />

www.locallawsocietypublications.co.uk<br />

Regulation Update<br />

page 7<br />

Jeff stands down from<br />

Council page 8<br />

Reputation Management<br />

Meet the Officers<br />

REGULARS<br />

Regulation Update<br />

Management Matters<br />

Monthly Competition<br />

Win a 3 course meal for two people with wine at Gusto<br />

11<br />

12 & 13<br />

7<br />

<strong>16</strong><br />

28<br />

All rights reserved, reproduction in whole or part<br />

withoutwritten permission from the Publisher and<br />

<strong>Manchester</strong> Law 25 Society is not permitted.<br />

Photographic material and manuscripts are supplied at<br />

owners risk, neither the company not its agents accept<br />

any liability for loss or damage.<br />

The Society welcomes articles and letters from members<br />

on any topic and items should be sent to the above<br />

address<br />

The views and opinions expressed in the <strong>Manchester</strong><br />

<strong>Messenger</strong> are those of the individual contributors and<br />

not of the <strong>Manchester</strong> Law Society<br />

Printed by<br />

Buxton Press


4 <strong>Manchester</strong> Law Society News<br />

News from Bridge Street<br />

<strong>Manchester</strong> Law Society helds its AGM on 7th December. The following<br />

Officers were elected:<br />

MICHAEL HARDACRE – PRESIDENT<br />

JON HAINEY – VICE PRESIDENT<br />

MATTHEW TAYLOR – HONORARY TREASURER<br />

DAVID ANDERSON – JOINT HONORARY SECRETARY<br />

DAVID TRAVIS – JOINT HONORARY SECRETARY<br />

Forthcoming Events<br />

Litigation Conference<br />

Wednesday, 20th <strong>Jan</strong>uary 20<strong>16</strong><br />

We are delighted to announce our Litigation Conference with a keynote address<br />

from His Honour Judge Allan Gore QC, Designated Civil Judge for<br />

Greater <strong>Manchester</strong>.<br />

The programme also feature interactive breakout sessions on e-disclosure,<br />

Commercial Judicial Review, the ban on whiplash claims and the small<br />

claims increase limit.<br />

For more details on the programme and speakers please visit our website<br />

www.manchesterlawsociety.org.uk/events-training<br />

President<br />

Michael Hardacre<br />

Vice President<br />

Jon Hainey<br />

Venue:<br />

Hilton Hotel, Deansgate, <strong>Manchester</strong><br />

Cost to attend: MLS Members £110.00 + VAT (£132.00)<br />

Non-members £150.00 + VAT (£180.00)<br />

Registration: 09:00<br />

Sessions start: 09:30<br />

Conference closes: <strong>16</strong>:40<br />

Trainee Solicitors Conference<br />

Friday 29th <strong>Jan</strong>uary 20<strong>16</strong><br />

Set your Trainees up for success with advice on how to build their profile,<br />

techniques for effective networking as well as methods for managing stress<br />

and workload successfully. Providing an opportunity for local Trainee<br />

Solicitors to build a support network and prepare for their roles ahead, this<br />

conference is one not to miss.<br />

Venue:<br />

BPP Law School, St James’s Building, 79 Oxford<br />

Street, <strong>Manchester</strong> M1 6FQ<br />

Cost: Member rate £60.00 + VAT (£72.00)<br />

Non-member rate £90.00 + VAT (£108.00)<br />

Registration: 09:00<br />

Sessions start: 09:30<br />

Conference closes: <strong>16</strong>:30<br />

HR Conference<br />

Thursday, 25th February 20<strong>16</strong><br />

Tailored to the needs of HR practitioners in law firms this conference provides<br />

an Employment Law update from Chris Thompson of Gateley PLC. How<br />

to manage conflict management will be addressed by Acas. Chris Evans will<br />

be discussing Health and Wellbeing strategy while Kath Riley of Douglas<br />

Scott Legal looks at how to source the talent for tomorrow. The conference<br />

closes with a networking lunch.<br />

Michael Hardacre and Jon Hainey<br />

This event is held jointly with HR in Law.<br />

Venue:<br />

The Ainscow Hotel, Trinity Way, Salford M3 5EN<br />

Cost to attend:<br />

MLS and HR in Law Members £45.00 + VAT<br />

(£54.00) Non-members £55.00 + VAT (£66.00)<br />

Registration: 10:30<br />

Sessions start: 11:00<br />

Conference closes: 13:30 with a networking lunch<br />

Keep up to date with the latest event information at<br />

www.manchesterlawsociety.org.uk<br />

or follow us on Twitter @ManLawSoc<br />

To book a place on any of the above events, please email<br />

CarlaJones@manchesterlawsociety.org.uk


President’s Column<br />

5<br />

5<br />

Meet the President<br />

Michael Hardacre of Slater<br />

& Gordon was elected the<br />

President of <strong>Manchester</strong><br />

Law Society at the AGM in<br />

December 2015.<br />

Michael studied law at university,<br />

but then embarked<br />

on a career in sales and marketing<br />

with a London-based<br />

publishing company. However,<br />

after five years the law<br />

beckoned and he started<br />

the LPC. It was the first year<br />

of the LPC and Michael<br />

found that the greater emphasis<br />

on practical skills<br />

was ideal after being away<br />

from the law. He adds “The<br />

LPC was great at transferring<br />

that confidence and<br />

ability to sell yourself and<br />

your skills to potential<br />

clients into a legal context.”<br />

Michael took his training<br />

contract with Sedgwick<br />

Phelan and Partners in Old<br />

Trafford when he returned<br />

to <strong>Manchester</strong>. Michael says<br />

that working in a small firm<br />

was fantastic experience in<br />

dealing with clients on the<br />

front line. He adds “I was<br />

straight in at the deep end.<br />

The firm gave me an excellent<br />

grounding and I had<br />

my own personal injury<br />

caseload from day one.”<br />

Michael qualified as a solicitor<br />

in 1997 and saw an advert<br />

for a vacancy at<br />

Pannone and Partners.<br />

Knowing the great reputation<br />

of Pannone for personal<br />

injury work, he was<br />

delighted to be offered the<br />

job. He became a partner in<br />

2001 and joined Slater &<br />

Gordon when the firms<br />

merged in 2014.<br />

In 2002, Michael took a 12<br />

month sabbatical and had a<br />

wonderful time travelling,<br />

taking in India, SE Asia, Australia<br />

and New Zealand and<br />

then back to Europe. “I was<br />

lucky enough to be offered<br />

a career break by Pannone<br />

and I’m still grateful now to<br />

have been given that opportunity<br />

by Joy Kingsley<br />

and Carol Jackson”.<br />

Michael joined the Council<br />

of <strong>Manchester</strong> Law Society<br />

in 2005 and became the<br />

Honorary Secretary in 2007.<br />

What had quickly become<br />

apparent to Michael was<br />

that <strong>Manchester</strong> Law Society<br />

is an organisation that<br />

‘punches above its weight’<br />

and that it offers its members<br />

real and tangible benefits.<br />

We are a relatively small<br />

organisation with a small<br />

team of staff, but the Chief<br />

Executive, Fran-Eccles-Bech<br />

is unique and one of the<br />

reasons that the <strong>Manchester</strong><br />

Law Society is held in<br />

such high regard. Clearly,<br />

the <strong>Manchester</strong> Legal<br />

Awards have become a<br />

highlight in the legal calendar,<br />

but the Society also offers<br />

other excellent<br />

networking opportunities<br />

such as the Professionals<br />

Dinner Clubs, which give<br />

members the opportunity<br />

to meet in a relaxed and informal<br />

environment.<br />

Michael says one of his aims<br />

is to encourage members to<br />

become more involved with<br />

the Society, whether that be<br />

through attending one of<br />

the many courses and conferences<br />

offered on a whole<br />

range of legal and practical<br />

topics, or by taking advantage<br />

of inter-professional<br />

and networking opportunities<br />

which are organised by<br />

the Society.<br />

Looking to the year ahead,<br />

Michael’s theme will be to<br />

promote a better understanding<br />

of what other solicitors<br />

do. He says “We are<br />

all lawyers, but we tend to<br />

work in isolation, not knowing<br />

or understanding the<br />

work of our colleagues in<br />

other firms, or even in other<br />

departments within firms.<br />

Clearly some practitioners,<br />

particularly those in crime,<br />

employment, family and<br />

personal injury are facing<br />

very challenging times and I<br />

think it is time for greater<br />

solidarity across the profession.”<br />

Away from the office<br />

Michael takes part in<br />

triathlons, and trains by running<br />

between 20-30 km a<br />

week and in the summer<br />

months cycling into the office.<br />

He is also having swim<br />

training, to improve his<br />

crawl stroke. He adds, “I<br />

think this may be the onset<br />

of a mid life crisis, but also I<br />

want to prove to myself that<br />

I can do this, and it does<br />

provide a great sense of<br />

achievement!”<br />

Michael also enjoys going<br />

to the theatre and museums.<br />

“One of the best<br />

things about living in <strong>Manchester</strong><br />

is seeing how it has<br />

Michael Hardacre<br />

President of <strong>Manchester</strong> Law Society<br />

become such a great place for cultural activities in the last<br />

few years”. He also spends as much time as he can with his<br />

children. Michael’s older son is autistic, which is why Michael<br />

has chosen ‘Forever <strong>Manchester</strong>’ as his charity for the year.<br />

Forever <strong>Manchester</strong> is a charity that funds and supports<br />

thousands of community projects, including for children<br />

with additional needs, across Greater <strong>Manchester</strong> and over<br />

the past 25 years has distributed £35m in financial support.<br />

Michael adds “They do great work and it is a charity close<br />

to my heart.”<br />

Julia Baskerville<br />

Keith Etherington<br />

Accredited Mediator Solicitor Advocate (Civil)<br />

0<strong>16</strong>1 383 3567<br />

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mediator and lawyer at<br />

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mediate any civil dispute<br />

but specialises in:<br />

+ Contentious probate<br />

+ 1975 Act claims<br />

+ Boundary disputes<br />

+ Property trust (ToLATA) claims<br />

+ Professional negligence<br />

Email: keith.etherington@slatergordon.co.uk<br />

slatergordon.co.uk/mediation<br />

Comfortable and<br />

discreet mediation<br />

rooms available at<br />

no extra cost at<br />

our <strong>Manchester</strong><br />

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53 King Street<br />

Central Court, 25 Southampton<br />

Buildings Dunston Innovation Centre, Dunston Road No.1 Leeds<br />

<strong>Manchester</strong>, M2 4LQ<br />

London, WC2A 1AL<br />

Chesterfield, Derbyshire, S41 8NG 26 Whitehall Road<br />

DX 14385 <strong>Manchester</strong><br />

DX 426 LDE<br />

DX 743530 Chesterfield 8<br />

Leeds, LS12 1BE<br />

Tel: 0<strong>16</strong>1 359 4666<br />

Tel: 020 7758 2<strong>16</strong>4<br />

Tel: 01246 267 961<br />

Tel: 0113 357 0330<br />

Slater and Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.<br />

Authorised and Regulated by the Solicitors Regulation Authority – Registered in England and Wales: Number 05867110,<br />

Registered Office: 53 King Street, <strong>Manchester</strong> M2 4LQ


6 Movers & Shakers<br />

Stockport child abuse solicitor collects<br />

top award at Legal Oscars<br />

Child abuse solicitor, Peter<br />

Garsden of law firm QualitySolicitors<br />

Abney Garsden<br />

based in Cheadle<br />

Hulme, picked up the Solicitor<br />

of the year award at<br />

the Law Society Excellence<br />

Awards held in London.<br />

QualitySolicitors Abney<br />

Garsden who are celebrating<br />

their 30th anniversary<br />

specialise in family law, wills<br />

& probate and abuse. It was<br />

the firm’s work with child<br />

abuse victims that led to<br />

Peter Garsden winning Solicitor<br />

of the Year.<br />

Peter leads a team of some<br />

of the most highly respected<br />

child abuse lawyers<br />

in the country. His firm has<br />

won a number of awards for<br />

the care and empathy they<br />

show their clients and in addition<br />

he has devoted the<br />

last 20 years of his career to<br />

support clients and undertakes<br />

pro bono work supporting<br />

many charities.<br />

The Solicitor of the Year<br />

award was designed to<br />

recognise an ‘outstanding<br />

contribution made by a solicitor<br />

in private practice’.<br />

The winner is someone in a<br />

legal practice who is seen<br />

by colleagues as going ‘that<br />

extra mile'.<br />

Receiving his award Peter<br />

Garsden said: “It is a cliché<br />

to say I was humbled to<br />

have been awarded Solicitor<br />

of the Year award by the<br />

Law Society because I am<br />

delighted. It is a recognition<br />

of 20 years very hard work<br />

fighting for the rights of<br />

abuse victims and survivors<br />

are the real heroes of the<br />

struggle, as well as, of<br />

course, the many loyal and<br />

hardworking team at QualitySolicitors<br />

Abney Garsden<br />

who deserve equal credit<br />

for helping me fight so<br />

many battles over the years.<br />

Time for a well-deserved<br />

celebration!”<br />

HRC Law LLP appoints corporate and commercial<br />

specialist <strong>Jan</strong>e Wilkinson<br />

HRC Law LLP are delighted<br />

to announce the<br />

appointment of <strong>Jan</strong>e<br />

Wilkinson as a solicitor in<br />

the firm’s expanding corporate<br />

and commercial<br />

department. Wilkinson,<br />

who joins from MLP Law,<br />

will handle a range of<br />

transactional work along<br />

with providing clients<br />

with advice on its trading<br />

contracts.<br />

Mark Traynor, a partner at<br />

HRC Law said: "We are delighted<br />

to welcome <strong>Jan</strong>e on<br />

board at a time of exciting<br />

growth for the firm. Her expertise<br />

and experience will<br />

add to our high quality service<br />

offering.”<br />

Brabners forms collaboration with new<br />

Sports and Media firm Centrefield LLP<br />

Commercial law firm Brabners<br />

LLP has entered into<br />

a collaboration agreement<br />

with a new law firm<br />

formed out of its established<br />

sports practice,<br />

which will see the two<br />

firms work closely to provide<br />

complementary legal<br />

services.<br />

The agreement will see<br />

three Partners exit Brabners<br />

to form a specialist sports<br />

and media law firm, Centrefield<br />

LLP based in <strong>Manchester</strong>.<br />

Brabners’ established sports<br />

practice, led by Maurice<br />

Watkins CBE and Jason<br />

Smith will continue to provide<br />

a broad range of legal<br />

services to national and international<br />

clients, across<br />

the sports industry.<br />

Centrefield LLP has been established<br />

by Matthew Bennett,<br />

David Bentham and<br />

Edward Canty, together<br />

with a team of seven solicitors<br />

and associates. The two<br />

firms will work closely to<br />

service existing and new<br />

clients.<br />

Clough & Willis – the Bury<br />

based law firm – has promoted<br />

two of its solicitors<br />

to associate level with immediate<br />

effect.<br />

Sally Cook joined Clough &<br />

Willis in February 2014.<br />

Since her arrival Sally has<br />

headed up the Private<br />

Client team which focuses<br />

on a variety of core work including:<br />

wealth and succession<br />

planning, inheritance<br />

tax advice, trust creation<br />

and administration, wills,<br />

lasting powers of attorney<br />

and estate administration.<br />

Sally’s own specialist areas<br />

are wills, inheritance tax and<br />

Mark Brandwood, Managing<br />

Partner of Brabners LLP,<br />

said: “Placing a clear focus<br />

on core commercial services,<br />

across key sectors, continues<br />

to deliver growth for<br />

Brabners and this remains<br />

our long term strategy. This<br />

agreement will enable<br />

Matthew, David, Edward<br />

and their team to focus on<br />

sports and media law, and<br />

for our two firms to work together<br />

on a mutually beneficial<br />

basis.<br />

“Sport remains an important<br />

sector for the firm and<br />

in Maurice Watkins CBE and<br />

Jason Smith we have two of<br />

the most renowned sports<br />

lawyers in the country. They<br />

continue to advise some of<br />

the UK’s most prestigious<br />

brands and are supported<br />

by members of the wider<br />

firm in offering a range of<br />

other services to clients in<br />

the sector, including employment,<br />

corporate, property,<br />

litigation, private client,<br />

matrimonial, charity and tax<br />

law.”<br />

Matthew Bennett, said:<br />

“After many successful years<br />

as part of a larger organisation,<br />

we now feel the time is<br />

right to focus our efforts entirely<br />

on our specialism. We<br />

are looking forward to<br />

launching our new venture<br />

and continuing to work<br />

closely with our colleagues<br />

at Brabners.”<br />

Brabners employs 347 people,<br />

including 62 partners,<br />

across three offices in <strong>Manchester</strong>,<br />

Liverpool and Preston.<br />

In its most recent<br />

financial results (April 2014)<br />

the firm saw fee income rise<br />

to £30.2m (2013: £28.9m).<br />

Clough & Willis announces Private<br />

Client Team promotions<br />

estate planning, powers of<br />

attorney and Court of Protection<br />

matters as well as<br />

estate administration (probate<br />

& intestacy) and trusts.<br />

The second promotion is<br />

Karen Yates. Karen started<br />

her career at Clough & Willis<br />

over 10 years ago. She<br />

works alongside Sally in the<br />

Private Client department<br />

and also deals with property<br />

transactions and residential<br />

conveyancing<br />

matters for clients in the<br />

North West and across the<br />

whole of the UK. Following<br />

her promotion she will now<br />

lead all work in her areas of<br />

Mark Brandwood<br />

law at the firm’s newly<br />

opened office in Bolton.<br />

Shefali Talukdar – managing<br />

partner of Clough & Willis –<br />

said: “Both Sally and Karen<br />

are fantastic lawyers and<br />

their promotions are much<br />

deserved. They are both<br />

dedicated to their careers<br />

and strive to offer the best<br />

possible service to their<br />

clients. Therefore, we felt it<br />

was right to formally recognise<br />

their effort and we look<br />

forward to seeing them<br />

progress their careers over<br />

the coming years.”<br />

Wilkinson added: “I’m delighted<br />

to join the team at<br />

HRC Law and look forward<br />

to working with the firm’s<br />

excellent client base.”<br />

<strong>Jan</strong>e Wilkinson<br />

The deadline for the February 20<strong>16</strong><br />

edition of the <strong>Messenger</strong><br />

is 14th <strong>Jan</strong>uary<br />

Sally Cook and Karen Yates


Regulatory Affairs Committee Update<br />

Happy New Year everyone!<br />

And what a year it is likely to<br />

be in the regulatory world.<br />

2015 was a year of change,<br />

competition and consultations,<br />

and based on announcements<br />

made both by<br />

the SRA and the government<br />

in the last month or so,<br />

we can I’m sure be guaranteed<br />

more of the same this<br />

year.<br />

All Change?<br />

The SRA has outlined its “vision<br />

for the future” and has<br />

issued a position paper<br />

which can be found on its<br />

website setting out their<br />

plans to push ahead with a<br />

shift away from prescriptive<br />

rules in favour of setting out<br />

the principles that solicitors<br />

should follow. But wasn’t<br />

that what the SRA did in<br />

2011when the SRA Handbook<br />

and OFR was introduced,<br />

I hear you ask? Yes it<br />

was but clearly this isn’t<br />

enough for the SRA and<br />

they plan to make further<br />

significant changes to the<br />

Handbook. At a recent conference<br />

I attended, Crispin<br />

Passmore of the SRA made it<br />

very clear that he would<br />

love to see the Handbook<br />

reduced in size down from<br />

600(+) pages to 50! The desire<br />

is to give law firms the<br />

freedom to run their businesses<br />

as they see fit whilst<br />

at the same time still ensuring<br />

clients are protected. It is<br />

hoped that such changes<br />

will give flexibility to help<br />

law firms adapt to the ever<br />

changing legal market. The<br />

paper discusses the possibility<br />

of removing non-mandatory<br />

guidance/Indicative<br />

behaviours and provide<br />

“useful, relevant and supportive<br />

on-line resources including<br />

case studies and<br />

toolkits”. I remember all too<br />

well the concerns that many<br />

people had when OFR was<br />

introduced about the lack of<br />

rules and guidance from<br />

their regulator and these<br />

proposed changes will I’m<br />

sure bring those concerns to<br />

the fore once again. That is<br />

not to say that reducing the<br />

size of the Handbook would<br />

be a bad thing but in my<br />

view, the SRA will need to do<br />

a lot of work internally to<br />

provide meaningful case<br />

studies to guide firms as to<br />

what the SRA expects from<br />

them and make its enforcement<br />

strategy and procedures<br />

much more<br />

transparent than they are<br />

currently.<br />

The SRA will also be looking<br />

at allowing solicitors to practise<br />

in unauthorised businesses.<br />

Currently, the rules<br />

say that solicitors in firms<br />

not authorised by the SRA or<br />

another legal services regulator<br />

cannot deliver legal<br />

services to the public (except<br />

in very limited circumstances).<br />

Under the<br />

proposals, solicitors would<br />

be free to practise in the<br />

wider legal market, delivering<br />

non-reserved legal services<br />

outside of law firms. This<br />

means that the SRA needs<br />

to look at regulating the solicitor<br />

as an individual on the<br />

basis of the services they<br />

provide (and to whom)<br />

rather than on the type of<br />

organisation/entity they<br />

work in. How this will affect<br />

the solicitor brand is something<br />

no doubt people will<br />

have strong feelings about –<br />

the SRA’s view is that it<br />

would not be diluted – on<br />

the contrary, such changes<br />

would, in its view,<br />

strengthen the solicitor<br />

brand. Again, your views will<br />

be sought when the consultation<br />

opens.<br />

The government has also<br />

announced in its paper “A<br />

better deal: boosting competition<br />

to bring down bills<br />

for families and firms” that it<br />

wants to further reduce barriers<br />

to make it easier for alternative<br />

business<br />

structures, such as supermarkets<br />

and estate agents,<br />

to offer legal services like<br />

conveyancing, probate and<br />

litigation. Extending the<br />

types of organisations that<br />

solicitors could work in coupled<br />

with the governments<br />

intentions really does open<br />

up the possibility that the<br />

public could buy legal advice<br />

alongside their tins of<br />

beans in the future!<br />

Competition<br />

Government proposals regarding<br />

PI whiplash claims<br />

and the increase in the small<br />

claims limit will be of great<br />

concern particularly in the<br />

north west. I am sure this<br />

will be covered in much<br />

more detail elsewhere but<br />

from a regulatory perspective,<br />

any firms affected will<br />

need to be keeping a very<br />

close eye on developments,<br />

starting to think about contingency<br />

plans and their<br />

firm’s financial stability. Paul<br />

Philip has just also announced<br />

that the SRA will<br />

be carrying out research on<br />

the “competence” of personal<br />

injury lawyers to gain<br />

an understanding of the<br />

profile of firms/entities providing<br />

legal services to<br />

claimants and discover the<br />

main changes firms have implemented<br />

in response to<br />

LASPO. Given the previous<br />

thematic risk project when<br />

LASPO was introduced and<br />

the number of ABS applications<br />

involving PI firms, its<br />

an interesting admission on<br />

the SRA’s part that it still<br />

needs to understand the PI<br />

market.<br />

And talking of firm closures<br />

and ABSs, we have recently<br />

seen the news about Parabis<br />

going into administration.<br />

Parabis was of course one of<br />

the first ABSs with external<br />

investment and it will inevitably<br />

lead many to question<br />

whether the concept of<br />

ABS is dead in the water. Personally,<br />

I don’t think it is but<br />

having assisted many businesses<br />

with their ABS applications,<br />

it is clear that, as<br />

with any other law firm business,<br />

the key to long term<br />

success is to be found in<br />

strong management, good<br />

procedures and a well defined<br />

business plan involving<br />

horizon scanning and<br />

the ability to change depending<br />

upon changes in<br />

the marketplace.<br />

Independent regulation<br />

In the same paper mentioned<br />

above, the government<br />

has also indicated an<br />

intention to consult on making<br />

regulators independent<br />

from representative bodies.<br />

The SRA has made it clear<br />

that it is strongly in favour of<br />

this change. The Law Society<br />

understandably is less keen,<br />

Catherine Dixon commenting<br />

that “the profession<br />

should be free to set its own<br />

standards and rules, and to<br />

“own” legal education and<br />

training”<br />

Other news<br />

Onto more positive news!<br />

The SRA has published a<br />

new report on regulation for<br />

small law firms which summarises<br />

the changes the<br />

SRA has made that are relevant<br />

for small law firms and<br />

includes tailored risk management<br />

information and<br />

case studies based on experiences<br />

from small firms.<br />

For any of you who offer unbundled<br />

services, some<br />

good news from the Court<br />

of Appeal. The case of<br />

Minkin v Lesley Landsberg<br />

has held that solicitors instructed<br />

on a limited retainer<br />

do not have a broader<br />

duty of care to their clients,<br />

thus asserting the importance<br />

of ensuring that<br />

lawyers can offer unbundled<br />

services. However, offering<br />

such services does not come<br />

without risk and there is a<br />

very clear need to ensure<br />

that your supporting client<br />

care letters and formal written<br />

retainers are drafted<br />

with care to reflect the<br />

client’s specific instructions<br />

and what you have agreed<br />

to do for the client. There is a<br />

practice note on the Law Society’s<br />

website about this or<br />

do get in touch with myself<br />

or any of the Compli team<br />

who will be able to help.<br />

And finally, the Legal Ombudsman<br />

has announced<br />

that complaints about law<br />

firms are projected to have<br />

fallen 22% in four years. Its<br />

not entirely clear why this is,<br />

the Legal Ombudsman<br />

identifying a number of possibilities<br />

including “silent<br />

sufferers”(who will tolerate<br />

poor service without complaining),<br />

more clients acting<br />

as litigants in person or<br />

using unregulated providers<br />

and so have no redress from<br />

the LeO, but also (and here’s<br />

the positive bit!) that solicitors<br />

are getting better at responding<br />

to complaints<br />

during the first tier process.<br />

Watch out though if you are<br />

one of the firms who behave<br />

poorly because the LeO is<br />

looking at the possibility of<br />

using its name and shame<br />

powers to greater effect!<br />

Best<br />

and<br />

Flaw<br />

Michelle Garlick<br />

Chair <strong>Manchester</strong> Law<br />

Society Regulatory Affairs<br />

Committee<br />

Weightmans LLP<br />

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8 News<br />

Jeff Lewis steps down from Council after <strong>16</strong> years<br />

Last month's AGM saw<br />

<strong>Manchester</strong> Law Society's<br />

longest-serving Council<br />

member, Jeff Lewis, stand<br />

down after <strong>16</strong> years.<br />

Jeff commented: "It's important<br />

to get new, fresh blood<br />

on to Council. We're very<br />

fortunate to have some<br />

younger, enthusiastic people<br />

on Council, and it's not<br />

right for 'the old guard' to<br />

hang around.<br />

Has Jeff seen many changes<br />

to the Society's Council over<br />

his <strong>16</strong> years? "Absolutely," he<br />

says."Probably the most welcome<br />

change is that we've<br />

moved from being an 'old<br />

boys' club', with outdated<br />

methods and antiquated<br />

practices, to a modern, diverse,<br />

forward-thinking organisation,<br />

adapting to<br />

market trends and constantly<br />

reinventing ourselves.<br />

The transition from<br />

the old-style formal Dinner<br />

(which people had largely<br />

stopped attending) to the<br />

highly-popular, alwaysoversubscribed<br />

Legal<br />

Awards is symbolic of how<br />

things have changed."<br />

Jeff was President of <strong>Manchester</strong><br />

Law Society in 2011-<br />

12 and regards that as the<br />

highlight of his association<br />

with the organisation. "Particular<br />

stand-out moments<br />

include meeting Nick Clegg,<br />

then the Deputy Prime Minister,<br />

and having him in<br />

Brabners' offices meeting<br />

<strong>Manchester</strong> firms' senior<br />

partners, and subsequently<br />

being invited to the Queen's<br />

Garden Party, meeting<br />

Prince Charles and rubbing<br />

shoulders with Britain's<br />

Olympic heroes" he says.<br />

During his year as President<br />

he changed the style of<br />

Council meetings to make<br />

them more relevant and inclusive.<br />

"I realised that the<br />

format needed to be refreshed.<br />

There was no point<br />

in attracting great new talent<br />

on to Council and then<br />

not giving them the opportunity<br />

to participate," says<br />

Jeff.<br />

Jeff spent 7 years as Chair of<br />

the Society's Civil Litigation<br />

Committee, and it's that<br />

which gives him some of his<br />

most prominent memories.<br />

"I compiled the Society's voluminous<br />

submission to<br />

Lord Justice Jackson's consultation<br />

on his costs review,"<br />

says Jeff, “only to be<br />

rather shocked when he<br />

came to <strong>Manchester</strong> to<br />

meet practitioners and took<br />

me to task on some of the<br />

things I'd said! But he was<br />

always prepared to debate<br />

things sensibly, and I always<br />

found him extremely pleasant<br />

to deal with". One thing<br />

he doesn't miss is the annual<br />

battle with the local judiciary<br />

over guideline<br />

hourly rates, before the<br />

Jeff lewis and Deputy Prime Minister Nick Clegg in 2012<br />

rates were set nationally.<br />

"Year after year, we'd come<br />

up with compelling evidence<br />

for a substantial increase,"<br />

he says, "but what<br />

we said always seemed to<br />

fall on deaf ears!".<br />

Chief Executive Fran Eccles-<br />

Bech commented: "Jeff's<br />

made a huge contribution<br />

to <strong>Manchester</strong> Law Society<br />

over the years, especially in<br />

relation to civil litigation. We<br />

will miss his wit and wisdom<br />

around the Council table,<br />

but we're delighted that<br />

he's agreed to continue to<br />

sit on the Civil Litigation<br />

Committee and to continue<br />

to represent the Society on<br />

Court Users' Committees".<br />

But Jeff won't be putting his<br />

feet up: he has a busy professional<br />

life as Head of Litigation<br />

in the <strong>Manchester</strong><br />

office of Brabners LLP and<br />

as a Deputy District Judge.<br />

He also has an increasingly<br />

busy practice as a mediator.<br />

"The outrageous hike in<br />

Court fees in March has<br />

made mediation an absolute<br />

essential in civil disputes,"<br />

says Jeff.<br />

Jeff has also been appointed<br />

to the national Law<br />

Society's Civil Justice Committee.<br />

"I'm sure I'll enjoy life<br />

on the 'national scene', but I<br />

suspect that my heart will<br />

always lie with <strong>Manchester</strong><br />

Law Society," he says.<br />

New Appointment at Nesbit Law Group LLP<br />

Head Office in North <strong>Manchester</strong><br />

The growth of NLG's<br />

award winning Claimant<br />

Road Traffic Accident Personal<br />

Injury Team continues<br />

with the addition of<br />

Melanie Metcalfe, a feeearner<br />

with a specialist interest<br />

in complex fraud<br />

matters, and a member of<br />

the Chartered Institute of<br />

Legal Executives.<br />

Melanie has a strong record<br />

of dealing with specialist<br />

multi-track litigation claims,<br />

having previously worked<br />

for a number of niche personal<br />

injury law firms, including<br />

spending several<br />

years at Antony Hodari LLP.<br />

After taking time out to<br />

travel, then deciding to<br />

begin a career in law via the<br />

insurance claims department<br />

at Aviva, Melanie<br />

began dealing with Credit<br />

Hire and Personal Injury<br />

files, and developed a specialist<br />

interest in complex<br />

fraud claims; in her own<br />

words: 'the work is complex<br />

and at times challenging,<br />

but by it's nature rewarding'.<br />

Outside of the day-job<br />

Melanie has represented<br />

England in Show-Jumping,<br />

and is currently studying for<br />

a professional qualification<br />

as a make-up artist.<br />

NLG are recognised within<br />

the industry as experts in<br />

dealing with complex fraud<br />

claims, with a track record of<br />

success against highly resourced<br />

and motivated De-<br />

Melanie Metcalfe<br />

fendant insurers, and are always<br />

looking to recruit<br />

highly skilled and motivated<br />

individuals to help<br />

keep the firm driving forward;<br />

Melanie's expertise<br />

and desire to excel make<br />

her a welcome addition to<br />

the firm.<br />

<strong>Manchester</strong> Lawyer secures place in<br />

prestigious guide<br />

A <strong>Manchester</strong> based family<br />

and divorce lawyer has<br />

been included in a prestigious<br />

guide to the best<br />

private client advisors in<br />

the country.<br />

Ros Bever, a Partner at Irwin<br />

Mitchell, who this year won<br />

two Supreme Court cases<br />

on behalf of wives challenging<br />

their unfair divorce settlements,<br />

has been named<br />

in the Spear’s 500 Directory<br />

for 20<strong>16</strong>.<br />

Spear's 500 is an essential<br />

guide to the top private<br />

client advisers, wealth managers,<br />

lawyers and service<br />

providers for high and ultrahigh<br />

net worth individuals.<br />

Ros heads up Irwin<br />

Mitchell’s top-ranked family<br />

law team in <strong>Manchester</strong> and<br />

is one of the few advisors<br />

outside of London to be included<br />

in the guide.<br />

Featuring in the directory is<br />

strictly by invite only and is<br />

testament to the expertise,<br />

client care and incredible<br />

profile that Ros has demonstrated<br />

in helping her both<br />

her high profile and other<br />

clients in recent years.<br />

An example of a notable<br />

success is her recent representation<br />

of divorcees Alison<br />

Sharland and Varsha<br />

Gohil at the Supreme Court,<br />

who claimed they were misled<br />

in relation to the real<br />

value of their respective exhusbands’<br />

assets. After securing<br />

a successful<br />

judgment on behalf of both<br />

women, Ros said that the<br />

case showed that ‘dishonesty<br />

will not be tolerated by<br />

the courts’.<br />

Ros Bever Family Law Partner<br />

at Irwin Mitchell, said: "I<br />

was honoured when Spears<br />

Ros Bever<br />

invited me to be included<br />

again in this year's directory.<br />

Spear's provides a collection<br />

of the best legal and private<br />

client advisors, hand-picked<br />

as leaders in their field and<br />

experts - not only providing<br />

the right technical advice<br />

but a bespoke level of client<br />

service, which is exactly<br />

what we provide to all<br />

clients, not just high net<br />

worth."<br />

Ros was also named Lawyer<br />

of The Week in The Times<br />

last month.


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<strong>Manchester</strong> Law Society – Cybersecurity & Risk In<br />

The Information Age Conference 2015 Report<br />

After months of planning,<br />

<strong>Manchester</strong> Law Society’s<br />

inaugural Cybersecurity &<br />

Risk In The Information<br />

Age Conference took<br />

place at the <strong>Manchester</strong><br />

Hilton on the fitting date<br />

of 5 November 2015.<br />

Given recent high-profile<br />

cybersecurity incidents including<br />

the leak of personal<br />

data relating to thousands<br />

of Morrisons Employees<br />

(2000 of which are represented<br />

by Nick McAleenan<br />

at JMW, who had a frontrow<br />

seat for the day), reports<br />

that cybercrime<br />

accounts for the second<br />

highest number of reported<br />

events in the UK and our<br />

own Chief Executive’s recent<br />

identity theft in which she<br />

became known internationally<br />

as a Russian Bodybuilder<br />

(one of these is<br />

true), the event couldn’t<br />

have been more topical,<br />

and the packed crowd saw a<br />

diverse line-up of high-profile<br />

speakers address each<br />

and every facet of what is<br />

fast becoming one of the<br />

most serious risks to the<br />

businesses of solicitors and,<br />

more importantly, our<br />

clients.<br />

To be asked to chair the<br />

event was a rare privilege,<br />

as was setting the agenda<br />

with Steve Robinson of<br />

Xyone – we’ve been working<br />

on a social engineering<br />

study in conjunction with<br />

Lancaster University into<br />

the <strong>Manchester</strong> Legal Market<br />

which is still looking for<br />

contributions, and Steve’s<br />

expertise, knowledge and<br />

patience (along with<br />

painstaking encouragement<br />

from Fran) made the<br />

day a huge success.<br />

The first session, run by my<br />

great friend and fellow Law<br />

Society Council Member (as<br />

well as the chair of the Technology<br />

& Law Reference<br />

Group) Peter Wright and<br />

Richard Syers, the ICO’s Lead<br />

Policy Officer and Strategic<br />

Liaison, set the tone early,<br />

educating us on how to mitigate<br />

the likelihood of a<br />

data breach and what to do<br />

should one take place.<br />

An insight into the sheer<br />

number of attempted data<br />

breaches thanks to some<br />

nifty graphics from Peter<br />

was followed up by a very<br />

practical session on the<br />

SRA’s view on Cybercrime<br />

and Law Firms. Steve<br />

Wilmott has been travelling<br />

the length and breadth of<br />

the UK to engage with the<br />

industry and provide practical<br />

advice to firms still grappling<br />

with the scale of the<br />

risk that cybercrime can<br />

cause, and left us with some<br />

very hand guidance on<br />

what your regulator and<br />

other stakeholders expect<br />

from professionals who are<br />

meant to put confidentiality<br />

at the top of their clients’<br />

evolving list of best interests.<br />

From there, Dave Harrison<br />

of the Centre For Assessment<br />

educated us on the<br />

benefits of cybersecurity<br />

and IT management accreditation<br />

before the lawyer<br />

jokes gave way, for at least<br />

half an hour, to the view<br />

from the Banks as Stewart<br />

Thorn gave us an insight<br />

into how to resist scams<br />

from an industry which has<br />

had to get to grips with<br />

doing so faster than any<br />

other. Our last session before<br />

lunch involved your<br />

chair leading a fascinating<br />

(despite my best efforts)<br />

panel debate on the real issues<br />

facing the profession<br />

before our delegates were<br />

left to sample the Hilton’s<br />

typically superb hospitality<br />

and get to know our sponsors<br />

and exhibitors (without<br />

whom, we ain’t got an<br />

event) and the services<br />

which they offer a little better.<br />

After lunch, Aaron Naisbitt<br />

of ConvergeIT not only dispelled<br />

many myths about<br />

the perceived vulnerability<br />

of cloud IT solutions, but<br />

stepped into the breach on<br />

several occasions when IT<br />

went rogue, proof if any<br />

were needed that the MLS<br />

Advantage suppliers are<br />

worth every penny! Next up<br />

was the Local Hero that is<br />

Bill Jones, reminding us all<br />

that cybersecurity only<br />

helps to facilitate money<br />

laundering and giving us an<br />

insight into how sophisticated<br />

that this evolving<br />

threat has become. And he<br />

didn’t throw any eggs into<br />

the crowd.<br />

Rounding out the day were<br />

Steve Kuncewicz<br />

sessions from Steve Robinson<br />

on the new threat of social<br />

engineering and social<br />

media risk and his colleague<br />

Zain Javed from Xyone who<br />

treated us to a truly scary<br />

live hacking demonstration<br />

(so much so that I can’t be<br />

sure if he’s typing this or I<br />

am), before Detective Sup.<br />

Jason Hudson of TITAN gave<br />

us a rare insight into the<br />

work of the North West’s Serious<br />

Organised Crime Unit.<br />

Amidst hanging out over<br />

2,000 years of prison time,<br />

Jason truly brought home<br />

the scale of the cyber threat,<br />

but never failed to remind<br />

us of the ongoing importance<br />

of basic human vigilance.<br />

We couldn’t be happier with<br />

the way that the day went,<br />

and we look forward to seeing<br />

you next year, with a<br />

whole new set of technological<br />

threats to<br />

master…and hopefully a<br />

better Chair.<br />

Steve Kuncewicz<br />

Conference Chair<br />

Head of IP & Media<br />

Bermans


10 PI<br />

Martin Coyne of Ralli Solicitors and Chris Murray of Clyde & Co respond to the<br />

proposals to reduce the small claims limit and scrap whiplash claims...<br />

George Osborne: stripping away injured people’s<br />

rights. Stand up for justice and let’s fight back!<br />

George Osborne’s Autumn<br />

Statement delivered a<br />

nasty surprise for accident<br />

victims and their representatives-<br />

and also the<br />

Ministry of Justice who<br />

didn’t know about it either.<br />

Out of the blue, he<br />

announced an increase in<br />

the Small Claims Limit for<br />

damages for pain suffering<br />

and loss of amenity<br />

(PSLA) from £1000 to<br />

£5000 for all claims. There<br />

would be no compensation<br />

whatsoever for<br />

“minor soft tissue injuries”<br />

(MSTI). As the vast<br />

majority of all accidents<br />

attract damages below<br />

£5000 for PSLA, victims<br />

will lose- and insurers<br />

cash in.<br />

The consequences for<br />

clients are nothing short of<br />

disastrous. If these proposals<br />

had been implemented<br />

last year, up to 95% of the<br />

759,763 road traffic accident<br />

victims in 2014 who were<br />

awarded compensation<br />

would have been unable to<br />

claim for their injuries at all.<br />

Also last year, there were<br />

208,310 claims by those injured<br />

at work, through public<br />

liability or the fault of<br />

occupiers. Up to 85% would<br />

have been forced to bring<br />

their claims in the Small<br />

Claims Court (SCC), facing a<br />

stark choice. Take on the insurance<br />

company alone<br />

without a lawyer, or pay the<br />

whole of their legal costs<br />

from any compensation<br />

awarded. Unrepresented<br />

claimants – litigants in person<br />

vs hard bitten experienced<br />

insurance claims<br />

assessor - persuading an<br />

overworked District Judge<br />

to award compensation?<br />

Hardly justice!<br />

Even those injured people<br />

who would be prepared to<br />

sacrifice a large chunk of<br />

their compensation - between<br />

30-40%- to hire a<br />

lawyer and pay their outgoings<br />

will find it hard to find<br />

one. Many specialist personal<br />

injury solicitors who<br />

are able to work cost effectively<br />

through economies of<br />

scale will be forced out of<br />

business - a recipe for charlatans,<br />

the unscrupulous<br />

unqualified and higher<br />

costs bills from non specialist<br />

dabblers.<br />

The financial risk to<br />

claimants and the stress on<br />

their nerves is singularly un-<br />

attractive. So claimants<br />

won’t risk pursuing their<br />

otherwise fully justified<br />

claims, either with or without<br />

a solicitor’s help. What<br />

will happen? If they are<br />

lucky, they will be approached<br />

direct by the insurers<br />

who may offer a ‘take<br />

it or leave it’ pittance. Ever<br />

bigger insurer profits will be<br />

made on the back of undercompensated<br />

claimants.<br />

Why is the Chancellor doing<br />

this? He claims it will cut<br />

£1bn from the cost of motor<br />

insurance. He “expects’” the<br />

insurance industry to pass<br />

this on to motorists to the<br />

tune of £40-50 per year.<br />

We have heard this before.<br />

The insurers promised to reduce<br />

premiums before the<br />

last round of anti-victim<br />

cuts in LASPO. Even though<br />

solicitors’ fees were slashed<br />

by 60%, insurance premiums<br />

barely moved. Ironically,<br />

Mr Osborne has just<br />

increased Insurance Premium<br />

Tax (IPT) by 3.5%, increasing<br />

insurance<br />

premiums for everyone. So<br />

insurance now costs more<br />

and hundreds of thousands<br />

of injured claimants lose out<br />

anyway.<br />

But this is short-sighted<br />

‘back of an envelope’ economics,<br />

that doesn’t add up.<br />

The expert Faculty of Actuaries<br />

has just reported:<br />

The government announced<br />

last week in the<br />

Autumn Statement plans to<br />

make it more difficult for<br />

people to claim compensation<br />

for exaggerated or<br />

fraudulent whiplash claims,<br />

by ending the right to cash<br />

payments and the ability for<br />

more cases to be taken to<br />

small claims court.<br />

They expect that these<br />

changes could reduce<br />

motor insurance premiums<br />

by £40 to £50 a year. Our<br />

analysis shows that this<br />

would be equivalent to<br />

stopping all third party injury<br />

claims under £13,000.<br />

The measures necessary to<br />

achieve this could be quite<br />

draconian and could affect<br />

legitimate whiplash claims."<br />

Moreover, the Treasury is<br />

likely to lose in excess of<br />

£1billion from lower recovery<br />

of welfare benefits paid<br />

to the DWP from successful<br />

claims, and loss of VAT, Income<br />

Tax and Corporation<br />

Tax from the demise of law<br />

firms, their suppliers and<br />

contractors, as thousands of<br />

lawyers and their hard<br />

working staff are thrown on<br />

George Osborne’s scrap<br />

heap and the dole.<br />

The Access to Justice Action<br />

Group (AJAG) believes this<br />

campaign is ‘do or die’ for<br />

representation of injured<br />

people- our one and only<br />

raison d’etre. We intend to<br />

fight this tooth and nail with<br />

no distractions to ensure<br />

that the Government think<br />

again. Please pledge your<br />

support.<br />

To find out more, please<br />

refer to www.ajag.co.uk and<br />

AJAG@ralli.co.uk<br />

Martin Coyne<br />

Solicitor<br />

Ralli Ltd<br />

Copyright 03/12/2015<br />

George's Marvellous Medicine?<br />

Having spent the last 18<br />

years specialising in the<br />

representation of Insurers<br />

and their policyholders<br />

one might expect a partisan<br />

cheer from me in response<br />

to George<br />

(Osbourne) and his marvellous<br />

medicine to solve<br />

the so called compensation<br />

culture and disproportionate<br />

accrual of legal<br />

costs. However, as with<br />

any medicine it comes<br />

with side effects.<br />

I can see both sides of the<br />

argument. George wants to<br />

tackle the accusation of the<br />

compensation culture and<br />

whilst most, if not all of us,<br />

applaud self responsibility,<br />

the genie is already out of<br />

that bottle. Compensation<br />

culture is difficult to define.<br />

Members of the public<br />

know they have rights and it<br />

is made very plain where<br />

and how they can seek redress.<br />

The second limb of George's<br />

justification for increase in<br />

small claims track limit and<br />

raising the spectre of eliminating<br />

low value whiplash<br />

or soft tissue injury claims is<br />

the disproportionate cost.<br />

The Jackson Reforms strap<br />

line introduced by LASPO<br />

was to end legal remedies<br />

at any cost. The introduction<br />

of the Reform has resulted<br />

in a far more proportionate<br />

costs regime. The increase<br />

in the Small Track limit for<br />

injury claims had been<br />

hinted at and really this announcement<br />

shouldn't<br />

come as too much of a surprise.<br />

If anything the surprise<br />

is that the limit hasn't<br />

been raised to £10,000. Nevertheless,<br />

there are consequences<br />

of the decision.<br />

Eliminating costs recovery<br />

for minor injuries or disallowing<br />

these claims in their<br />

entirety will result in a potentially<br />

massive saving for<br />

insurers and the intention is<br />

to benefit society at large by<br />

passing on these savings to<br />

consumers. This is an attractive<br />

proposition but where I<br />

am more sceptical is in respect<br />

of the inevitable<br />

claims inflation when the<br />

bottom of the bracket becomes<br />

£5,000 rather than<br />

£1,000. If this happens any<br />

savings will vanish. Within<br />

my case load I see "gaming",<br />

sometimes on a grand scale<br />

either by way of "kitchen<br />

sink" schedules or the metamorphosis<br />

of a straightforward<br />

soft tissue injury claim<br />

into the chronic pain category.<br />

The custodians of the<br />

system are the judiciary and<br />

as yet we haven't seen<br />

enough application of the<br />

fundamental dishonesty<br />

button. The law in this area<br />

will mature but it cannot be<br />

codified as it such a subjective<br />

measure. The introduction<br />

of qualified one way<br />

costs shifting has removed<br />

the costs deterrent from litigation<br />

in most circumstances.<br />

The irony is that a<br />

successful fundamental dishonesty<br />

application usually<br />

results in the withdrawal of<br />

legal expense insurance<br />

cover which is to the detriment<br />

of the insurers and<br />

their successful policyholder.<br />

George and his advisors will<br />

have to proceed very carefully<br />

in their definition of<br />

what attracts damages and<br />

what no longer qualifies.<br />

Cases falling below the<br />

threshold of £5,000 will not<br />

attract legal costs and it is<br />

likely any funding will be secured<br />

by way of damages<br />

based agreements or possibly<br />

even a return to the traditional<br />

lawyer/client<br />

retainer. The American system<br />

survived on the basis of<br />

no recoverability of costs<br />

but for me that approach<br />

undermines the principal of<br />

tort law which is based on<br />

putting the claimant back in<br />

their position they were in<br />

but for the negligence of<br />

the third party.<br />

I am confident there will be<br />

plenty of discussion about<br />

how to make the proposals<br />

work. Low value claims do<br />

not require technical legal<br />

argument and I sometimes<br />

wonder how far away we<br />

are from a self-service system.<br />

Internet enabled<br />

claimants will be able to<br />

enter their details on to a<br />

portal, be allocated an appointment<br />

with a medical<br />

expert from the Medco list,<br />

the report will be read by an<br />

intelligent valuation system<br />

to assess pain, suffering and<br />

loss of amenity and special<br />

damages will be limited to<br />

certain categories requiring<br />

prescribed evidence. If the<br />

offer is unacceptable an appeal<br />

board could hear the<br />

case subject to payment of<br />

a proportionate fee. It probably<br />

won't be too long before<br />

computers can work<br />

out liability disputes too.<br />

The cost of progress will inevitably<br />

be an ever more<br />

contracting claimant's solicitor<br />

market and we have already<br />

seen the share price<br />

of some of the listed<br />

claimant firms significantly<br />

reduced. Fundamental to<br />

my existence is a good quality<br />

claimant's solicitor market<br />

and I would not want<br />

that undermined. A far<br />

more persuasive argument<br />

is the proposition that<br />

claimants require representation<br />

as on their own they<br />

do not know the true value<br />

of their claim or the long<br />

term consequences of their<br />

injury hence the need for<br />

properly qualified and regulated<br />

expert claimant's solicitors.<br />

If one of the outcomes of<br />

George's Marvellous Medicine<br />

is to disassociate the<br />

'solicitor brand' with claims<br />

farming or ambulance chasing<br />

or the dreaded compensation<br />

culture then we<br />

would all benefit from a<br />

dose of George's Marvellous<br />

Medicine.<br />

Chris Murray<br />

Senior Equity Partner<br />

Clyde & Co<br />

Please send your views on the proposals for the next edition to j.baskerville@jbaskerville.co.uk


Feature & Charity 11<br />

Reputation Management –<br />

The Impossible Dream Or Comeback Kid?<br />

Law firm’s festive food donation to<br />

help families in need at Christmas<br />

Staff at Slater and Gordon helped to spread a little festive<br />

cheer to those in need this Christmas.<br />

In the social media world, where brands are made and<br />

broken overnight, more ethical consumers search for<br />

the slightest excuse to turn against the establishment<br />

for lapses in moral judgment and anyone’s opinion and<br />

snap judgment, it may be easy to think that the days of<br />

managing, let alone defending your reputation are long<br />

gone.<br />

After all, recent reports show that, since the Defamation Act<br />

2013 came into force, defamation as a legal discipline may<br />

be on the decline – Thomson Reuters recently found that<br />

only 20 defamation cases reached a hearing in 2012 to<br />

2013, down 58% on 2008-2009’s high watermark of 48. In<br />

fact, the total number of defamation cases fell from 86 to 63.<br />

As much as the new requirement of serious harm has done<br />

much to discourage and weed out claims with tenuous<br />

merit (replacing the more active approach to case management<br />

and strike-outs led by the Jameel line of cases some<br />

years ago), it may be fair to think that both the media and<br />

potential claimants are becoming more cautious and less<br />

eager to have the details of their dispute and any potential<br />

vindication undone by crowdsourced opinion, potentially<br />

creating a Streisand Effect of massive proportions and undoing<br />

the whole objective.<br />

You may think that, but I think you may be wrong. Buried<br />

in these figures, alongside the drop in claims brought by<br />

businesses of 45%, was an increase in defamation cases<br />

linked to social media activity, which is increasingly becoming<br />

the new battleground in the war of public perception.<br />

We’re starting to see a line of cases such as Cooke. Lachaux<br />

and Brett Wilson, all of which have begun to fill in the blanks<br />

of the 2013 Act’s “plain English” approach to a traditionally<br />

obtuse and esoteric legal discipline We may yet be starting<br />

to see the new frontier and a move back towards a more<br />

equal realignment of the interests of business against the<br />

occasionally ill-informed individual.<br />

That said, defamation is only a part of the online conversation<br />

prism. As it has struggled to re-establish its relevance<br />

in the information age, data protection has well and truly<br />

come out swinging, with the recent ground-breaking Vidal-<br />

Hall decision potentially opening up a whole new era of<br />

claims for non-pecuniary damage arising from breaches of<br />

the Data Protection Act 1998. The first few claims relating to<br />

data breaches are only now starting to make their way into<br />

court lists, and the next few years are going to be fascinating<br />

as Judges get to grips with the true worth of privacy,<br />

both before and after it’s compromised. Not only that, but<br />

the line between citizen “journalism” and the private purposes<br />

exemption from the 1998 act’s stringent requirement<br />

may being data privacy to the fore of public consciousness<br />

like never before, with the IP address replacing the PI litigator<br />

as the next wave of volume litigation.<br />

As straight privacy cases also continue to make headlines<br />

and set the criteria for “reasonable expectation” and genuine<br />

public interests, with social media playing an increasingly<br />

important role both as a source and distribution<br />

channel of the most intimate information and the “right to<br />

be forgotten” continues to be defined through Google’s<br />

own imperfect implementation of the Spanish decision<br />

against them which gave birth to the very concept, the fact<br />

is that in the digital environment the defence of reputation<br />

and privacy is increasingly complex and involves more ingenuity<br />

than ever before. As technology has outpaced the<br />

legal framework which (tries) to regulate it, the next few<br />

years may well see a much clearer picture emerge of what<br />

businesses and individuals can be expected to tolerate in a<br />

24-hour news cycle, often driven by contributors without<br />

any formal journalism training. The lawyers who can evolve<br />

to meet that challenge may yet truly help their clients continue<br />

to prosper in the unflinching gaze of a crowd which is<br />

sometimes not as wise as we wish it to be.<br />

We are fortunate to live in interesting times, and what<br />

comes next may yet remind us that the basic rights to defend<br />

unwarranted attacks and the pre-eminence of privacy<br />

could make the enlightened even more lucky. Reputational<br />

risk is at the top of many agendas, and defending it may be<br />

see the playing out of what we as human beings love more<br />

than anything else – a comeback story.<br />

Steve Kuncewicz<br />

Head of IP & Media<br />

Bermans<br />

Law Society Council Member<br />

Every department got involved in the collection for <strong>Manchester</strong>’s<br />

Wood Street Mission, filling boxes with food for<br />

families living in poverty – from cupboard essentials to festive<br />

treats.<br />

Hundreds of items were donated and handed over to the<br />

charity in mid-December so volunteers could deliver the<br />

food parcels in time for Christmas.<br />

Head of personal injury Emma Holt said: “This is the first<br />

Christmas we have celebrated since moving into our Mosley<br />

Street office and it seemed right to choose a charity that’s<br />

close to the local community.<br />

“Wood Street does fantastic work and we were delighted by<br />

how keen everyone was to get involved.”<br />

In the run up to Christmas, the law firm held a week-long<br />

festive fair in its recently opened walk-in legal advice centre,<br />

inviting charities and local businesses to come in and set up<br />

stalls.<br />

Staff and members of the public were encouraged to use<br />

the ground floor centre as a drop-off point for Key 103’s ‘Mission<br />

Christmas’ collection for disadvantaged children across<br />

Greater <strong>Manchester</strong>.<br />

The firm also held a dress down Christmas jumper day to<br />

raise funds for the radio station’s annual appeal.<br />

Charlotte Bertie, with some of the donations for<br />

Wood Street Mission<br />

KNOCK,<br />

KNOCK<br />

The food you love delivered<br />

to your door or desk<br />

Order online at DELIVEROO.CO.UK or download the app


12 Feature<br />

Meet the Officers<br />

Following on from the AGM, we asked the new Officers of the Society to reveal their<br />

views on a number of topical issues....<br />

PRESIDENT<br />

Michael Hardacre<br />

Slater and Gordon<br />

Area of Practice<br />

Claimant Personal Injury<br />

What are the current challenges for the legal profession?<br />

There are a broad range of challenges, but the most personal ones to me relate to access to justice. Crime, Personal Injury, Employment and Family have<br />

all been seriously impacted over the last few years with increased fees, reduction and removal of legal aid and proposed court closures amongst other<br />

things. We (and by “we”, I mean all solicitors, not just those in affected areas), need to be steadfast and robust in doing everything we can to stall the momentum<br />

of further change. We are professionals and we need to tirelessly press home the message that we add value to the litigation process, not just<br />

an unnecessary cost. As the judiciary are finding much to their dismay, if you take solicitors out of the equation, you remove an essential piece of the jigsaw,<br />

without which the system will grind to a shuddering halt before you know it.<br />

Is the "Tesco-isation" of legal services a good thing?<br />

I’m realistic about this; I’ve always taken the view that certain areas of lower value litigation, where the issues are not complex, can be competently conducted,<br />

in an efficient way using good case management systems, without any loss of service to the client. But, there is a limit and in my view we have<br />

now reached that limit. Contrary to popular perception, I think law firms have proved to be very adaptable to change and I’ve seen no evidence that non<br />

lawyers can add anything significant beneficial to how legal services are provided.<br />

What do you enjoy about your job?<br />

I’ve never lost that satisfaction of getting the right settlement for my clients and I hope I never do.<br />

Are there things you dislike about your job?<br />

None that really add up to much, I still feel privileged to earn a decent living doing a job that still motivates me.<br />

What is your New Year resolution?<br />

The same one as every year, keep smiling.<br />

and finally if you were a sandwich, what would you be?<br />

Cheese and pickle, keep it simple.<br />

VICE PRESIDENT<br />

Jon Hainey<br />

DWF LLP<br />

Area of Practice<br />

Commercial and Public Law Litigation<br />

What are the current challenges for the legal profession?<br />

There are of-course many such as increasing competition (some of it unregulated), a relentless assault on various sectors of the profession by the MOJ,<br />

emerging technologies which are capable of replacing aspects of what we do and commoditisation resulting in downward pressure on fees, to name but<br />

a few. That said, there are many opportunities emerging from all of those challenges and, as always in life, those who adapt the quickest will still be able<br />

to thrive. There are numerous innovative firms in the North West, big and small, who are well placed to capitalise on the opportunities and over the next<br />

few years MLS shall be focussing on how we can best help all firms in the region stay ahead of the curve and continue to compete effectively.<br />

Is the "Tesco-isation" of legal services a good thing?<br />

In theory it’s not a bad thing as it has the potential at-least to improve access to legal services and reduce costs, which would no doubt be welcomed by<br />

consumers. The risk is that, as has sadly been seen on the High Street, the market becomes consolidated and choice and quality are compromised. Again,<br />

I would expect many in the profession to rise to the challenge and provide an attractive alternative to the larger corporates who shall be providing legal<br />

services alongside groceries, insurance etc.<br />

What do you enjoy about your job?<br />

Getting great results for my clients and helping my junior colleagues develop and achieve their goals.<br />

Are there things you dislike about your job?<br />

The drive into <strong>Manchester</strong> from Bolton. It appears that someone is going out of their way to make it virtually impossible to access the City Centre without<br />

me having to sit in a traffic jam for half the morning, no matter how early I leave the house!<br />

What is your New Year resolution?<br />

To stop moaning about the traffic and get the train (presuming the work on the electrification of the line is complete by <strong>Jan</strong>uary).<br />

and finally if you were a sandwich, what would you be?<br />

If there is any truth in the saying that you are what you eat, I must be a ham sandwich! I had to say that as I know my colleagues will all be thinking it as I<br />

only ever bring in ham sandwiches and 2 apples. It’s part of my rock and roll lifestyle!


JOINT HONORARY SECRETARY<br />

David Anderson<br />

St John’s Buildings Chambers<br />

Feature 13<br />

Area of Practice<br />

Company Secretary and Head of Corporate Services<br />

What are the current challenges for the legal profession?<br />

So many, but the profession is fantastic at meeting challenges. Accessibility is perhaps the main challenge. Increased court and tribunal fees, reduced court<br />

centres, reduced legal aid scope, changes to CFA uplifts and the proposed change to the small claims limit are combining to make it impossible for all but<br />

the wealthiest in society to access much needed legal services. The professions have done what they can to fill the void with pro-bono and charitable endeavour,<br />

but even that is creaking at the seams. Technology needs to be embraced and the professions need to work together to ensure duplication is<br />

removed and access to justice preserved.<br />

Is the "Tesco-isation" of legal services a good thing?<br />

This is not a question that can be answered in a couple of sentences, but here we go…Despite the challenge of accessibility, I’m not convinced that the<br />

arguments in favour of further deregulation have been properly made out. The legal market is incredibly competitive and there are few signs that the increased<br />

competition in the market since ABS regulation has resulted in any tangible savings or improvement in service for the consumer. I am also concerned<br />

that the primary motivation for some new entrants would be profit for the benefit of their shareholders, particularly where repeat business is<br />

unlikely. What might this goal be at the expense of? Until a new entrant improves the quality of representation, advice and service that a client gets over<br />

that which is currently available I will remain unconvinced as to the benefit of deregulation or “Tesco-isation”. That is not to say it can’t happen, just that it<br />

hasn’t happened yet.<br />

What do you enjoy about your job?<br />

Working with brilliant and challenging people.<br />

Are there things you dislike about your job?<br />

Brilliant and challenging people aren’t always great to work with!<br />

What is your New Year resolution?<br />

To break my new year’s resolution.<br />

and finally if you were a sandwich, what would you be?<br />

I’d be Fourth Earl of Sandwich, John Montagu, who invented the sandwich so he didn’t have to leave the gambling table.<br />

JOINT HONORARY SECRETARY<br />

David Travis<br />

RBS - future Williams & Glyn<br />

Area of Practice<br />

Senior solicitor - commercial and intellectual property<br />

What are the current challenges for the legal profession?<br />

Two things spring to mind. First, the unprecedented cuts to the budget of the Ministry of Justice could have a profound effect on the operation of both<br />

the civil and criminal courts and access to justice. 20<strong>16</strong> could be an extremely challenging year. Second, as an in-house lawyer I feel that the profession is<br />

waking up late to the fact that almost a quarter of solicitors in England and Wales work for companies and the public and not-for profit sectors, not for<br />

law firms. The launch of the national Law Society's in-house engagement programme is a welcome development to address our particular needs and concerns.<br />

Is the "Tesco-isation" of legal services a good thing?<br />

Please see the answer from David Anderson - I can't better that!<br />

What do you enjoy about your job?<br />

I won't be starting my new role until <strong>Jan</strong>uary but it will be exciting to have the unique opportunity to help launch a new UK bank.<br />

Are there things you dislike about your job?<br />

Ask me in six months!<br />

What is your New Year resolution?<br />

To allocate more thinking time. It's very easy to become caught up in the day-to-day challenges of a busy office.<br />

and finally if you were a sandwich, what would you be?<br />

As I'm in France at the moment, it would have to be a croque monsieur - it's easy to put together and usually hits the spot.<br />

HONORARY TREASURER<br />

Matt Taylor<br />

Eversheds<br />

Area of Practice<br />

Commercial dispute resolution (or litigation to give it its proper title)<br />

What are the current challenges for the legal profession?<br />

Whether it is criminal contracts, civil court fees or the recent proposal to raise the small claims threshold for personal injury claims, the challenges facing<br />

the profession at the moment all centre around one thing – access to justice. It is imperative that the profession stands up to these challenges and fights<br />

to ensure that everyone in the country continues to enjoy this fundamental right.<br />

Is the "Tesco-isation" of legal services a good thing?<br />

See David Travis’ excellent answer.<br />

What do you enjoy about your job?<br />

Working with people who are much smarter than I am.<br />

Are there things you dislike about your job?<br />

Working with people who are much smarter than I am.<br />

What is your New Year resolution?<br />

My wife is due to give birth on New Year’s Eve. I doubt that I will have the time to pay attention to any other resolutions!<br />

If you were a sandwich, what would you be?<br />

A bacon butty. You can’t go wrong with a bacon butty.


14 News<br />

Local Search Delays and “Groundhog Days”<br />

The effect of cuts in Local Authority staffing levels<br />

is hitting Land Charges staff as much as other departments.<br />

Solicitor’s reports of increasing delays<br />

in obtaining the replies to Local Authority<br />

Searches have led to headlines in regional newspapers<br />

talking of “Groundhog Day on homes as<br />

chains break over “appalling” time it takes council<br />

to do land searches” (Salisbury Journal 24 June<br />

2015). Delays of between 12 and 17 weeks have<br />

been reported and other councils have blamed<br />

the volume of search requests for delays of over 5<br />

weeks.<br />

Conveyancers will know that delays like this are a<br />

major contributor to chains falling through and<br />

transactions failing to complete. With more law<br />

firms offering “No Completion, No Fee” deals<br />

lawyers are losing out.<br />

Lawyers looking to limit the problems caused by<br />

these delays need to look at where No Search or<br />

Delayed Search Insurance is suitable. Stewart Title<br />

offers a range of these policies to protect both<br />

buyers and their lenders. In the case of re-mortgages,<br />

Lender Only policies can be provided.<br />

Standard policies can normally be ordered on line<br />

or in more difficult or unusual cases from our underwriting<br />

team.<br />

As well as usually being quicker than a full written<br />

search, the premiums for No Search Insurance are<br />

normally lower than the fee payable to the Local<br />

Authority.<br />

There is some confusion amongst conveyancers<br />

regarding the attitude of lenders to No Search Insurance.<br />

Whilst some lenders are not willing to<br />

accept it in lieu of full written searches; a quick<br />

check of Part 2 of the CML Lenders Handbook<br />

shows that (as at 19 November 2015)a large number<br />

of main lenders accept Insurance for purchase<br />

transactions and even more for<br />

re-mortgages. Conveyancers should however always<br />

check the replies to Question 5.4.6 of Part 2<br />

of the CML Handbook before recommending Insurance<br />

to a buyer. Similarly (in the same way you<br />

would check the replies to a written search) Conveyancers<br />

should always check that the policy<br />

provided offers adequate protection for their<br />

client and their lenders ( in terms of both the extent<br />

and financial level of cover).<br />

To discuss the issues raised in this article or for<br />

any other queries you have regarding our<br />

products, please contact Robert Kelly on<br />

07415 240 703 or robert.kelly@stewart.com.<br />

Robert Kelly, Commercial Business<br />

Development Manager, Stewart Title Limited<br />

Robert joined Stewart Title in 2013 after 25 years of<br />

experience as a Commercial Property lawyer specialising<br />

in development and portfolio management.<br />

This experience plays a vital part in his role<br />

working closely with the Property industry to use Indemnity<br />

Insurance to resolve title problems and<br />

speed up transactions.<br />

Conveyancers will know that<br />

delays like this are<br />

a major contributor to<br />

chains falling through<br />

and transactions failing<br />

to complete. With more<br />

law firms offering<br />

“No Completion, No Fee”<br />

deals lawyers are losing out.<br />

Ethos Forensics offer independent forensic consultancy and expert witness services. We specialise in body fluids evidence including<br />

blood pattern analysis, DNA profiling interpretation including mixtures and Low Template DNA techniques, textile damage assessment,<br />

sexual offences casework, cold case reviews and quality systems in forensic science. Ethos Forensics provide the following services:<br />

l Forensic consultation in relation to DNA and body fluids evidence<br />

l Expert witness services for prosecution or defence, including case review, reinterpretation of evidence and provision of expert<br />

testimony at court<br />

l Training and guest lecturing services in forensic awareness, DNA profiling, sexual offences investigation, case assessment and<br />

interpretation, forensic quality systems or bespoke courses to meet your requirements. Courses are suitable for all audiences<br />

including legal professionals, law enforcement personnel, medical practitioners, forensic experts, students or other interested<br />

parties<br />

l Quality systems consultancy to ISO 17025:2005, laboratory auditing services and quality investigations<br />

l Scientific article writing<br />

Contact us to discuss your requirements or for a free initial consultation.<br />

07796 546 224<br />

sue.carney@ethosforensics.com<br />

www.ethosforensics.com


Claire’s<br />

evening out<br />

began with<br />

a speedy<br />

response<br />

to an urgent<br />

title matter.<br />

After another hectic week at work, Claire was looking forward to a night<br />

out with friends – until a problem with access to a property threatened to<br />

derail one of her exchanges. But Claire didn’t panic. Instead, she contacted<br />

Stewart Title. We responded quickly and provided cover for her client just<br />

in time for exchange – and just in time for Claire to join her friends for a<br />

well-earned dinner.<br />

Contact us today to see what we can do for you. Call 020 7010 7820 or visit<br />

stewarttitle.co.uk.<br />

© 2015 Stewart. All rights reserved.


<strong>16</strong> Management Issues<br />

Management Matters<br />

This column is now into its fifth year and feedback is still good. We would still like to receive observations and ideas for future<br />

issues. Please mail Bill Kirby at billkirby@professionalchoiceconsultancy.com or the publisher Julia Baskerville at<br />

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

More Agility, Flexibility, People<br />

Development and Training<br />

Following the acquisition of MLS Advantage Member ML Solutions<br />

Ltd by Riliance Software Ltd the company has now<br />

been rebranded as Riliance Training Ltd. http://riliancetraining.com<br />

Bill Jones is the new CEO and the company is in the process of<br />

significantly developing its training services.<br />

In addition to the Money Laundering products there will be<br />

Cyber training, Bribery and Corruption and more and upon a<br />

significantly enhanced platform.<br />

We frequently hear about the benefits of mobility and agility<br />

(hosted IT and Comms, video conferencing, outsourced transcription,<br />

hot-desking and the like)provided by other MLS Advantage<br />

members. The new e-learning revolution will add to<br />

all of that as well as the learning benefits<br />

• 24 hour access to training content from any PC, tablet or mobile<br />

phone<br />

• Instant access to a comprehensive suite of relevant training<br />

courses and other training material.<br />

• On going refresher training using inter active animated content.<br />

• Functionality to provide bespoke reporting on training results.<br />

• Embracing mobile learning as part of an integrated training<br />

solution.<br />

• The ability to easily manage content delivery, sequencing<br />

and versioning.<br />

• Advanced content distribution, management and tracking<br />

capabilities.<br />

Bill Jones comments "The link up between Riliance and ML Solutions<br />

has created a fantastic opportunity to develop a<br />

unique training service that will cater for the needs of all businesses<br />

in this modern and ever changing world"<br />

Bill and I both believe that we are about to enter a new era of<br />

e-learning and that businesses will demand firstly training that<br />

they can control and supervise and secondly training that<br />

meets their required outcomes.<br />

bill.jones@riliancetraining.com<br />

or<br />

suzanne.allwright@riliance.co.uk<br />

Slightly Stunned by this………<br />

That “selling” word<br />

Despite starting my career as an accountant(not a lawyer)- I<br />

spent an early days with a career with Rank Xerox - probably<br />

the best sales business at the time.<br />

We all had to undergo sales training and the company<br />

spawned two leading sales courses PSS and SPIN and I don’t<br />

think it did me any harm. Some of us were lucky enough to<br />

participate in a Senior Management Education Programme<br />

something which I am working on for the legal sector – more<br />

on that in the next few months.<br />

I spend a great deal of times with law firms on their strategies<br />

and business development plans which require a process and<br />

cultural change for all lawyers to enable capitalisation on<br />

client retention, client development and new business acquisition.<br />

How to communicate the proposition - to whom - and<br />

when - and how to ask for the order.<br />

It seems, as though suddenly, after regarding the word with<br />

distaste, lawyers are talking about “selling”. Magic circle firms,<br />

global firms, full service regional firms, specialist practitioners<br />

and local family firms are experiencing competition and fee<br />

pressure.<br />

In short, we are beginning to understand that business won’t<br />

just come walking in and we have to do something to get it.<br />

Unfortunately often the people who are closest to the clients<br />

(lawyers themselves) are generally very poor at the behavioural<br />

skills they need to persuade clients to choose them<br />

above other apparently similar options.<br />

If we can’t establish differentiation in the sales process, the<br />

only other determinants of winning new business are price<br />

and luck. Some firms have specialist BD managers, but these<br />

people rarely get anywhere near the client conversations at<br />

the critical points, and don’t have consultative selling skills either.<br />

So it’s a challenge we are beginning to recognise.<br />

Imagine my surprise when 30+ years on I came across this<br />

from Huthwaite International<br />

http://www.huthwaite.co.uk/market-sectors/legal/spin-selling-for-lawyers/<br />

yes SPIN selling for lawyers. The whole programme<br />

specifically adapted.<br />

Huthwaite International, has adapted its behavioural skills<br />

training especially for lawyers and their firms. Lawyers can<br />

now benefit from the research base into what successful people<br />

do in sales conversations, and experience a highly immersive<br />

training programme with extensive role-play and<br />

feedback, a range of digital pre- and post-course preparation<br />

and reinforcement, and participation in a worldwide sales excellence<br />

community. The programmes are offered to firms inhouse,<br />

or for individuals at a public course. All you need is an<br />

open mind, with a readiness to change behaviour and change<br />

results.<br />

The main message to me is that lawyers are obviously recognising<br />

the benefits that this sort of personal development can<br />

bring.<br />

New Year Resolutions<br />

No apologies for a reminder. As managing partner;<br />

• I will ensure that the 3 year business strategy is in place and<br />

up to date<br />

• I will sit down individually with the other partners in the firm<br />

and have an honest discussion about their likes and dislikes<br />

particularly with regards management and business development<br />

and potential retirement of career changes so that we<br />

can make sure we have the right people managing and doing<br />

business development and if necessary have a succession plan<br />

in place<br />

• I will make sure that there is enhanced communication<br />

within the practice so that everyone understands the strategy,<br />

the business plan and their role in it and will make sure perhaps<br />

with internal newsletters and departmental feedback<br />

how it is all going<br />

• I will ensure that my legal department heads have clear delegated<br />

accountability for<br />

o Billing<br />

o Gross Profit<br />

o Working Capital<br />

o Compliance<br />

o Business Development<br />

• I will ensure that this accountability is delegated to individual<br />

fee earners by the department heads and that their responsibility<br />

for billing, time targets and cash collection are<br />

quite clear – measured and with Key Performance Indicators<br />

in place to drive behaviour<br />

• I will look at some meritocracy reward as some of the team<br />

contribute so much more than others in management and<br />

business development.<br />

• I will make sure there are training and coaching programmes<br />

in place for people development and above all meeting the<br />

objectives of the business not just ticking the box for CPD<br />

points.<br />

• I will ensure that the department head has a clear approach<br />

to bring shortcomings back to budget or has in place a means<br />

to capitalise on opportunities providing regular forecasts<br />

• I will ensure that I have checked personally the business continuity<br />

and disaster recovery plans for my IT function as we<br />

cannot afford for the system not to perform or be unrecoverable<br />

for a week<br />

• I will make sure that my Microsoft licenses are still supported<br />

and that controls are in place to make sure my IT and telephony<br />

are safe from cyber attack<br />

• I will ensure that there a teams within every department,<br />

with people of all levels and disciplines are looking at our<br />

business processes to improve effectiveness and efficiency –<br />

cutting costs and enhancing client experience<br />

• I will start a new regime where I and department heads take<br />

much more interest in the capability of our Practice and Case<br />

Management systems and by engagement with the vendors<br />

see if the products with their latest releases can assist in our<br />

business priorities and if not make it clear to the vendors what<br />

is wanted including where necessary integration with third<br />

party products<br />

• I will ensure that there is a prioritisation and plan around essential<br />

IT development to assist in the achievement of objectives<br />

across all departments – not who shouts the loudest<br />

• I will make sure that my IT is used to the full to ease the compliance<br />

process<br />

• I will ensure that there is a clear authority matrix is in place<br />

to ensure that discretionary spend and recruitment is controlled<br />

• I will ensure that the firm has clear processes and mind set<br />

and culture to ensure that in bound business enquiries are<br />

handled pleasantly and effectively. I will challenge department<br />

heads to up their conversion rates of inbound enquiries<br />

with a say 60% target for starters.<br />

• I will make sure that n% client satisfaction rating is my Number<br />

1 non-financial KPI. I will measure it and take action in<br />

areas where we fall short<br />

• I will always remember that my greatest source on future<br />

business is from my existing clients and I will make sure they<br />

know about all of our services, repeats (like Wills) and new<br />

market trends (like LPA)<br />

• I will make sure that I monitor marketing initiatives for new<br />

business and ensure that success is measured, go for low<br />

hanging fruit and not carry on a programme with poor results<br />

Bill Kirby is a director of Professional Choice Consultancy offering<br />

advice to firms on business issues from strategy, planning,<br />

business development, the effective use of IT<br />

applications and IT hosting for compliance, business continuity<br />

and DR. He can be contacted at billkirby@professionalchoiceconsultancy.com


Probate 17<br />

Pay-per-Probate versus<br />

Capital Spend Comparison<br />

v<br />

Pay-per-Probate, sometimes referred to as Pay-as-you-Go, might at<br />

first glance seem to make good financial sense. For the smaller practice<br />

with very few estate administration matters that is certainly the<br />

case.<br />

<br />

In this example, we use figures from Isokon Software which provides<br />

a complete probate accounting system with an integrated case management<br />

component. The Pay-per-Probate model by contrast is a<br />

case management system, without the benefit of a backend accounting<br />

database to contain the plethora of financial details involved<br />

in handling a probate matter.<br />

Let’s consider the costs over 5 years for a case management system,<br />

without the benefit of a full accounting system, charging £60 per<br />

probate matter for a firm receiving an average of 10 matters per<br />

month, which equals 120 matters x £60. Your annual costs in this example<br />

would be £7,200. Over a five year period your total spend<br />

would be £36,000.<br />

By contrast your capital spend on a system with three fee earners<br />

(who with effective software could easily handle 120 cases annually)<br />

would be £7,850 plus five years support at £1,570 per annum over<br />

five years. This would equal a total capital spend of £15,700 - a difference<br />

of more than £20,000<br />

This represents a massive saving compared with the pay-per-probate<br />

model. The PPP model only begins to compete financially if your intake<br />

of estate matters is approximately four per month.<br />

r<br />

Let’s not forget that after 5 years your costs on the PPP model will<br />

continue at a significantly higher rate than the capital spend model.<br />

Comparing the ongoing support costs, your ongoing annual cost for<br />

support on the capital spend model (after the capital spend has<br />

been completed) for three users will be £1,570 annually for an unlimited<br />

number of cases.<br />

On this basis of four probates a month, you would clearly not require<br />

as many fee earners. Consequently your capital spend on a capital<br />

purchase including support would be reduced to £12,800 over the<br />

five year period. For your PPP model to compare with this figure, you<br />

would need to be receiving fewer than 3.5 new cases per month (3.5<br />

PPP cases x £60 = £210 per month x 12 months = £2,520 per annum<br />

x 5 years = £12,600).<br />

Any more than 3.5 cases will leave you out of pocket using the PPP<br />

model.<br />

By contrast receiving any more than 2 cases per month using the PPP<br />

model (2 PPP cases x £60 = £120 per month x 12 months = £1,440)<br />

will be akin to throwing your money away.<br />

The capital purchase model will provide you with a complete accounting<br />

system combined with integrated case management,<br />

whereas the PPP model will only provide you with case management.<br />

Conclusion: the capital spend model provides more software for<br />

less money.<br />

Isokon<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 the<br />

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

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.<br />

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

Alternatively visit www.isokon.com


20 News<br />

CILEX<br />

MTSG News<br />

Yet another round-up of recent<br />

MTSG activities along with<br />

what we’ve got planned to take<br />

us into the New Year.<br />

Education<br />

As usual, we have had a packed month of educational MTSG<br />

activities. On 2nd December our members attended a speed<br />

networking event at the University of Law designed to create<br />

links between students and those within the profession.<br />

On 10th December Deans Court Chambers hosted our extremely<br />

popular Advocacy Training event followed (as one<br />

would expect) by drinks, nibbles and a healthy dose of networking.<br />

Social and FELT<br />

Following on from the incredible success of our ball and sellout<br />

FELT wine-tasting event organised by Adam Hattersley,<br />

our huge <strong>Jan</strong>uary social will be taking place at the wonderful<br />

Sakana on Peter Street. Keep your eyes peeled for announcements<br />

on Twitter and via your inboxes.<br />

Charity<br />

There was an enthusiastic response to the raffle ticket sale<br />

at the MTSG Winter Ball, with a grand total of £480 being<br />

raised for this year’s nominated charities, Forever Manches-<br />

ter and the British Heart Foundation. The lucky winners<br />

walked away with prizes including Stereophonics’ tickets,<br />

theatre tickets and even vouchers for a wine tasting<br />

course. We are arranging a number of further fundraising<br />

events for the new year including a charity spa evening in<br />

<strong>Jan</strong>uary, and hope to maintain this momentum and raise<br />

as much money as we can for these great causes.<br />

The Trainee Games<br />

Sports Secretaries Shalina Bhatia and Kris Scales have<br />

made great progress towards our headline sporting event<br />

of the year, the Northern Trainee Games, which we are<br />

pleased to announce will be held in <strong>Manchester</strong> at <strong>Manchester</strong><br />

City FC’s Etihad Campus. Trainee Solicitor Groups<br />

from Liverpool, Leeds, Birmingham and Sheffield Junior<br />

Lawyer Divisions will be descending upon <strong>Manchester</strong> in<br />

the Spring each determined to take the crown as the<br />

supreme TSG for sport.<br />

Martin Bloor,<br />

MTSG Chairman<br />

Martin.Bloor@Brabners.com<br />

MYSG News<br />

This is the <strong>Jan</strong>uary edition of the<br />

<strong>Messenger</strong> therefore it is necessary<br />

for me to wish the members<br />

of <strong>Manchester</strong> Law Society a<br />

Happy New Year.<br />

For 20<strong>16</strong> the <strong>Manchester</strong> Young Solicitors Group has a number<br />

of exciting events and seminars arranged for our member.<br />

It all kick starts on the 13th <strong>Jan</strong>uary with our ‘Health and<br />

Wellness’ Event at Castlefield Gym. Attendees will be treated<br />

to an informative presentation from a nutritional expert and<br />

a complimentary body conditioning class – a sure way to<br />

beat those <strong>Jan</strong>uary blues and get fit for 20<strong>16</strong>. For those of<br />

us who are more inclined to the traditional kind of networking<br />

“in the pub” we will be holding a wine tasting event with<br />

the Royal Institute of Chartered Surveyors towards the end<br />

of <strong>Jan</strong>uary.<br />

February brings the giant inter-professional event to <strong>Manchester</strong><br />

to be hosted on the 18th February Revolucion De<br />

Cuba.<br />

This event hosts circa 700 attendees from a variety of professions<br />

within the city centre including the Young Solicitors<br />

Group, the Young Chartered Accountants Group, the Town<br />

Planners Institute and the Chartered Surveyors. It is set to<br />

be a great success as it has been in previous years with attendees<br />

clearly being the future leaders in their professions.<br />

Members are encouraged to check the website regularly<br />

for news and updates as we are receiving an unprecedented<br />

amount of interest in each of our events and attendance<br />

is on a first come first served basis.<br />

Charlotte Brinsley<br />

Chair of <strong>Manchester</strong> Young Solicitors Group<br />

Family Solicitor at Slater and Gordon Lawyers<br />

Charlotte.brinsley@slatergordon.co.uk<br />

CILEX News<br />

CILEx Greater <strong>Manchester</strong> Branch<br />

The branch is currently working on a full calendar of events for<br />

20<strong>16</strong>. So far the following events have been scheduled:<br />

CPD Events<br />

28 <strong>Jan</strong>uary 20<strong>16</strong><br />

‘Anti-Money Laundering - understanding the basics’<br />

(provided by Legal Eye)<br />

Unless otherwise stated all CPD events take place at 6pm at<br />

the offices of Weightmans LLP, 3 Piccadilly Place, <strong>Manchester</strong>,<br />

M1 3BN and are open to both members and non-members.<br />

If you would like further details of any of these events and/or<br />

you have any requests or suggestions for CPD topics you<br />

would like to see covered please contact the branch at: manchestercilex@outlook.com<br />

Branch AGM<br />

The date of the branch AGM has now been agreed upon and<br />

will be held at 6pm on Thursday 4th February 20<strong>16</strong> at the offices<br />

of Weightmans LLP, 3 Piccadilly Place, <strong>Manchester</strong>, M1<br />

3BN. At this meeting the branch Chairperson and committee<br />

for the coming year will be decided upon so if you would like<br />

to get involved in the running of the branch and help raise the<br />

profile of CILEx in the Greater <strong>Manchester</strong> region please do<br />

come and along and show your support. The meeting is open<br />

to both members and non-members. Fresh blood and new<br />

ideas are always!<br />

The Chartered Institute of Legal Executives<br />

CILEx Regulation calls for LSB to direct regulators to eliminate<br />

barrier when switching regulator<br />

CILEx Regulation has submitted a report to the Legal Services<br />

Board asking for a review of the anti-competitive repercussions<br />

that run-off insurance is having on legal entities.<br />

Currently law firms must have six years of run-off insurance<br />

cover in the event they close down. However the same rule applies<br />

if they were to switch regulator, despite still being in business.<br />

The report, compiled following discussions and submissions<br />

from insurers and legal businesses, demonstrates that entities<br />

looking to change regulator will be adversely affected.<br />

Wills Jacobsen Legal Ltd, a law firm that switched regulator to<br />

CILEx Regulation, had to incur the additional costs. Clare Wills,<br />

the owner, said: “In the end we bit the bullet and made the<br />

change knowing it was the right thing for our business – but if<br />

this additional burden hadn’t been there, it would have made<br />

the switch quicker, simpler, and cheaper.”<br />

Stilwell and Singleton Solicitors explored transferring regulator<br />

albeit less successfully. Ian Chivers, partner at the firm, said: “Disappointingly<br />

we had to make the difficult decision to opt<br />

against transfer due to the financial burden of run-off, which is<br />

currently acting as a mechanism to constrain the free movement<br />

of legal entities between regulators.<br />

We would transfer regulator immediately if the unnecessary financial<br />

burdens were removed.”<br />

The requirement for run-off cover increases the risk of ‘double<br />

insurance’, where a firm takes run-off insurance but works on a<br />

continuous retainer under a new insurer. If something goes<br />

wrong the two insurers may question responsibility and dispute<br />

claims, ultimately leaving consumers and entities in a vulnerable<br />

situation.<br />

CILEx Regulation Chair, Sam Younger (pictured) said: “We<br />

have had several law firms wanting to switch from their current<br />

regulator to CILEx Regulation, but are unable to because<br />

of the prohibitive run-off costs. This is a rule made by the regulators,<br />

and it prevents legal businesses choosing the regulator<br />

that is right for their business model, their specialism,<br />

and their consumers.<br />

CILEx Regional Contact<br />

If you would like any further information about CILEx please<br />

contact Chris Hoskin, CILEx Development Officer for The<br />

North of England:<br />

Phone: 07881 286267<br />

Email:<br />

choskin@cilex.org.uk


LawCare 21<br />

All About LawCare<br />

Since 1997 LawCare, through its free, confidential<br />

and independent helpline service has<br />

been helping members of the legal professions,<br />

their support staff and families by providing<br />

information and support with any<br />

issues affecting them.. However, there are still<br />

many lawyers who are not aware of the support<br />

available and we are often asked questions<br />

about what we offer.<br />

How are you funded?<br />

LawCare is a registered charity funded primarily by the<br />

professional bodies for legal groupings throughout the<br />

British Isles. Although we do welcome any donation,<br />

however small.<br />

Is LawCare part of any of the professional bodies?<br />

No. LawCare is entirely independent of all the professional<br />

bodies and only reports statistics to them.<br />

Is it a counselling service?<br />

Callers to the LawCare helpline are provided with initial<br />

support from our staff, who all have experience of<br />

working in the legal professions and have had some<br />

training in telephone counselling skills. They can discuss<br />

problem with the callers and help them plan a<br />

way forward.. This may include helping to identify a<br />

professional counsellor or another specialist service,<br />

such as a treatment centre.<br />

What problems can you help with – and what don’t<br />

you do?<br />

LawCare offers support on anything which is troubling<br />

you, be it business or personal, big or small. We are impartial<br />

and can provide reassurance and even if a solution<br />

does not immediately present itself, talking about<br />

it can be very cathartic. We do not offer legal advice<br />

but our helpline personnel have experience of the<br />

legal profession and an understanding of the issues<br />

that arise. If more specific advice is required, then, in<br />

most instances, we can signpost you to someone who<br />

can help.<br />

Can anyone phone LawCare?<br />

Anyone in the legal profession, from a Judge to a paralegal,<br />

their immediate families and staff, are welcome<br />

to use LawCare’s service. This includes students and<br />

trainees.<br />

Is it free?<br />

LawCare’s helpline service is entirely free. However, if<br />

we help identify a counsellor, other therapist or treatment<br />

unit then funding will normally need to be provided<br />

by the caller, though wherever possible we will<br />

assist to source funds if necessary.<br />

Is it confidential?<br />

Confidentiality is at the heart of what we do. You don’t<br />

have to give your name if you’d rather not, and the<br />

records we need to keep are stored on a secure and<br />

closed computer system accessible only to LawCare<br />

staff. We are non judgmental and our service is one of<br />

support.<br />

Is there a limit to the number of times people can<br />

call?<br />

No. Many people do call back a number of times for<br />

further support and encouragement, often over a long<br />

period of time. However, there is a limit to what we can<br />

achieve and a regular caller might need to consider<br />

whether they need a higher level of support than Law-<br />

Care can offer – such as a mental health professional.<br />

But wherever possible, we will be a supportive, listening<br />

ear.<br />

What other services does LawCare offer?<br />

We also try to prevent problems arising by offering<br />

training and education on wellbeing and are involved<br />

in other work relating to researching and promoting<br />

professional wellbeing in the legal workplace. Our<br />

website provides an overview of the support available<br />

and our range of helpful factsheets can be found there<br />

for downloading.<br />

How do I contact you?<br />

Our free and confidential helpline is available on 0800<br />

279 6869 and information is also available on our website<br />

at www.lawcare.org.uk<br />

LawCare Ltd is registered as a charity in England<br />

and Wales no. 106<strong>16</strong>85 and in Scotland no.<br />

SCO39335.<br />

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22 News<br />

CILEX<br />

Books added to the <strong>Manchester</strong> Law<br />

Library Society<br />

A Practical Guide to Corporate Governance 5th ed: Edited by: Mark Cardale<br />

A Practitioner's Guide to Powers of Attorney 9th ed: John Thurston<br />

Agency: Law and Principles 2nd ed: Roderick Munday<br />

APIL Guide to Tripping and Slipping Cases 2nd ed: Charles Foster; Ben Bradley<br />

Archbold: Criminal Pleading, Evidence and Practice 20<strong>16</strong>: Edited by: P. J. Richardson<br />

Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers 4th ed: BMA; The<br />

Law Society<br />

Boundaries and Easements 6th ed: Colin Sara<br />

Care Act Manual 2nd ed: Tim Spencer-Lane<br />

Chitty on Contracts 32nd ed: Volume 1 (General Principles) & Volume 2 (Specific Contracts):<br />

Hugh Beale<br />

Cohabitation Claims: Law, Practice and Procedure 2nd ed: John Wilson<br />

Colinvaux's Law of Insurance 10th ed: 1st Supplement: Robert Merkin; Colinvaux<br />

Consumer and Trading Standards: Law and Practice 4th ed: Bryan Lewin; Jonathan Kirk<br />

Cook on Costs 20<strong>16</strong>: Edited by: Simon Middleton; Jason Rowley<br />

CPAG: Benefits for Migrants Handbook 7th ed: Rebecca Walker; Timothy Lawrence; Michael<br />

Spencer<br />

Employment Law: An Adviser's Handbook 11th ed: Tamara Lewis<br />

Evidence of Bad Character 2nd ed: J.R. Spencer<br />

Family Law Protocol 4th ed: The Law Society<br />

Injunctions 12th ed: David Bean; Isabel Parry; Andrew Burns<br />

Law of Guarantees 7th ed: Geraldine Andrews; Richard Millett<br />

Law of Insolvent Partnerships and Limited Liability Partnerships: Elspeth Berry; Rebecca Parry<br />

Local Authority Liability 6th ed: John Morrell; His Honour Judge Richard Foster<br />

MacGillivray on Insurance Law: Relating to all Risks Other than Marine 13th ed<br />

May on Criminal Evidence 6th ed: Richard May; Steven Powles<br />

Mental Capacity: Law and Practice 3rd ed: Edited by: District Judge Gordon Ashton<br />

O'Hare & Browne: Civil Litigation 17th ed: John O'Hare; Kevin Browne<br />

PACE: A Practical Guide to the PACE Act 1984 4th ed: Paul Ozin; Heather Norton; Perry Spivey<br />

Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake<br />

2nd ed: David Hodge<br />

The Law of Motor Insurance 2nd ed: Robert Merkin; Jeremy Stuart-Smith<br />

The Law Society's Conveyancing Handbook 22nd ed: Edited by: Frances Silverman<br />

Thomas' Sentencing Referencer 20<strong>16</strong>: Edited by: Nicola Padfield; Lyndon Harris;<br />

Tudor on Charities 10th ed: William Henderson; Jonathan Fowles<br />

Wilkinson's Road Traffic Offences 27th ed: Edited by: Kevin McCormack<br />

Work Accidents at Sea: Grahame Aldous; Linda Nelson; 9 Gough Square<br />

Zander on PACE: The Police and Criminal Evidence Act 1984 7th ed: Michael Zander<br />

Librarian: 0<strong>16</strong>1 236 6312<br />

email: librarian@manchester-law-library.co.uk<br />

1st Floor, Onward Buildings, Deansgate<br />

<strong>Manchester</strong> M3 3NW<br />

A little bit of history<br />

Adrift is the statue by the<br />

Irish sculptor John Cassidy,<br />

was completed in<br />

1907 and used to stand in<br />

Piccadilly Gardens. It is<br />

now near the Central Library<br />

in St Peter's Square.<br />

The Public Monument and<br />

Sculpture associations describes<br />

the sculpture “The<br />

bronze sculpture depicts a<br />

family clinging to a raft in a<br />

stormy sea. The central figure<br />

is a half-naked man, holding<br />

a sheet aloft in his raised right<br />

hand, calling for help.<br />

Arranged around him are the<br />

figures of his wife and three<br />

children. His wife is shown<br />

leaning over and kissing their<br />

infant son. To the left, is the<br />

daughter, her raised arm held<br />

in her father’s left hand. At<br />

the rear is the prone figure of<br />

a youth, the elder son, holding<br />

his breast. Parts of the raft<br />

are visible in the waves which<br />

make up the base.”<br />

Adrift was first exhibited in<br />

1907 at the New Gallery in<br />

London. Its creator John Cassidy was born in County Meath<br />

in 1860, son of a farmer, joined many of his compatriots in<br />

the late 19th century settling in <strong>Manchester</strong> where he enrolled<br />

in the City’s School of Art, setting up studios in Barton<br />

Arcade and later in Chorlton on Medlock from where his<br />

greatest works would be conceived.<br />

5 ways mobile should affect your strategy<br />

Nobody can deny mobile is<br />

huge now – and it's certainly<br />

not going anywhere.<br />

But how should the popularity<br />

and pervasiveness of<br />

these devices actually impact<br />

your marketing strategy?<br />

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Top of your 20<strong>16</strong> wishlist<br />

should be a responsive site,<br />

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automatically resizes to the<br />

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Bad user experience is a<br />

huge reason why mobile<br />

traffic can see poor engagement<br />

and conversions – so<br />

this really is the starting<br />

point if you want to benefit<br />

from mobile visitors.<br />

2. SEO<br />

Mobile research journeys<br />

often begin with a search<br />

engine, so it's important<br />

you're visible here. Following<br />

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update in April, a mobile<br />

friendly website is essential<br />

if you want mobile search<br />

visibility – even more reason<br />

to go responsive. You<br />

might also consider what<br />

queries your audience<br />

would search for on their<br />

mobiles, and create useful<br />

content around these topics.<br />

3. PPC<br />

The IAB report that 51.5% of<br />

digital advertising spend<br />

targeted mobile devices in<br />

2015. However, it's not just<br />

about bidding to ensure<br />

your ads appear on mobile<br />

devices. You may wish to<br />

think about which keywords<br />

are most beneficial or<br />

relevant to mobile users, tailor<br />

your ad extensions to<br />

make it as easy as possible<br />

for these users to call you, or<br />

bid more during peak times<br />

for mobile usage, such as<br />

commutes, evenings and<br />

lunchbreaks.<br />

4. Social<br />

Similarly, it is important<br />

your social activity is scheduled<br />

to tie in with peak<br />

times your audience is<br />

browsing on their mobile,<br />

where they are more likely<br />

to be on social media (than<br />

they would, say, on a work<br />

desktop). You might also<br />

think about what type of<br />

content they will be interested<br />

in reading at these<br />

times, incorporating images<br />

to drive engagement, and<br />

ensuring the content you're<br />

sharing is also mobile<br />

friendly.<br />

5. Email<br />

According to Movable Ink,<br />

73% of emails in the UK are<br />

opened on a mobile device.<br />

Have you thought about<br />

what your emails look like<br />

on a small screen? As well as<br />

the email itself loading correctly<br />

and being concise<br />

and user friendly, links or<br />

buttons within it should<br />

lead to mobile friendly content<br />

too.<br />

At the heart of mobile lies<br />

the importance of understanding<br />

your audience's<br />

behaviour and needs – once<br />

you know this, incorporating<br />

mobile into your strategy<br />

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to the SRA<br />

We Search or not. are Aggregator It is<br />

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by to running take of the<br />

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MLS<br />

ADVANTAGE


Risk Update<br />

Welcome to the<br />

<strong>Jan</strong>uary edition<br />

of Risk Update.<br />

‘Cyber Fraud Claims’ - What steps can<br />

you take?<br />

Those attending the MLS Cyber Security<br />

& Risk Conference will have taken note<br />

of the need to seriously address the<br />

threats faced by way of cyber-crime<br />

by ensuring appropriate measures are<br />

in place to counter both external and<br />

internal exposures.<br />

These exposures apply to, inter alia,<br />

your web applications, networks, mobile<br />

applications and cloud service. As you<br />

will by now be only too well aware, the<br />

threats are numerous and have been<br />

well documented already to the legal<br />

profession in particular, law practices<br />

being amongst those most at risk from<br />

cyber-attacks.<br />

<br />

<br />

<br />

<br />

at both national and local levels, you will<br />

be aware of the need to manage these<br />

exposures by minimising the potential<br />

loss of client data and making it safe.<br />

Presentations were in fact given at the<br />

afore-mentioned event highlighting<br />

<br />

<br />

<br />

<br />

<br />

managed, secure cloud service, or of<br />

utilising, penetration testing services,<br />

through to achieving accreditation<br />

such as Cyber Essentials or ISO27001.<br />

Such risk management measures serve<br />

to demonstrate to your own clients<br />

suitable compliance with tried and<br />

tested systems, thereby giving them<br />

<br />

<br />

<br />

<br />

you.<br />

To protect members further, MFL<br />

Professional is to launch a Cyber<br />

Insurance facility for MLS members<br />

shortly. It will properly dovetail with<br />

your PI Insurance policy and any other<br />

insurance covers you may hold and<br />

covering you for legal liabilities and own<br />

costs, whilst we can then also consider<br />

<br />

<br />

<br />

<br />

<br />

<br />

cyber-attacks by way of additional cover<br />

if this is not already in place.<br />

Do note, however, that insurance is<br />

not a replacement for good cyber<br />

security. It can though provide<br />

<br />

<br />

security systems be breached.<br />

Our cyber insurance facility is designed<br />

to complement your own operational<br />

and technological risk management.<br />

Whilst of course taking into account<br />

any cyber security measures you have<br />

in place already, this facility will also<br />

<br />

<br />

<br />

who are able to evidence they have<br />

applied certain minimum standards of<br />

security following their own use of the<br />

<br />

<br />

<br />

<br />

TS or XyOne Cyber Security, specialists<br />

in Cloud Services and Pen Testing<br />

respectively and both members of<br />

<strong>Manchester</strong> Law Society.<br />

We shall thus write separately to all<br />

members over the coming weeks<br />

providing full details of this facility, but<br />

in the meantime please do not hesitate<br />

to contact us should you wish to discuss<br />

further.<br />

This article does not present a complete or<br />

comprehensive statement of the law, nor does it<br />

constitute legal advice. It is intended only to highlight<br />

issues that may be of interest to MLS members and<br />

solicitors. Specialist advice should always be sought in<br />

any particular case.<br />

© MFL Professional 20<strong>16</strong><br />

MFL Professional is a division of McParland Finn Ltd.<br />

McParland Finn Ltd is authorised and regulated by the<br />

Financial Conduct Authority.<br />

Richard Gledhill,<br />

Executive Consultant - Financial F Lines<br />

E:<br />

richardg@m-f-l.co.uk.uk<br />

T: 0<strong>16</strong>1 237 7725<br />

M:<br />

07984 879124<br />

John Jones,<br />

Development elopment Executive<br />

E:<br />

johnj@m-f-l.co.uk<br />

T: 0<strong>16</strong>1 237 7739<br />

M:<br />

07872 501955


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28 Lifestyle<br />

The W rld<br />

according to Fran<br />

Well after last month’s debacle with the ear phones, things<br />

have only gone from bad to worse. Jack’s room was so bad<br />

the other day that I don’t even think that the OCD cleaners<br />

on Obsessive Compulsive Cleaners would have been able<br />

to do anything, or would even have wanted to do anything.<br />

I decided on a plan of action, named Operation Paraquet<br />

(this was the name of the operation in the Falklands where<br />

the British recaptured South Georgia and as I am trying to<br />

recapture Jack’s room thought it was very apt. It was either<br />

that or Operation Sunrise which was the name of the relocation<br />

of Vietnamese peasantry around Saigon to strategic<br />

hamlets – see option 3 below).<br />

So instead of screeching like a fishwife at him I decided that,<br />

as that hasn’t worked over the last twenty years, I would be<br />

calm and rational! Well, I would speak calmly and rationally<br />

as I gave him my ultimatum.<br />

I told him that he had three choices:<br />

1. Clean and tidy your bedroom every week, including polishing<br />

and hoovering; help with taking Daisy for a walk on<br />

your days off; make sure your clothes and shoes and ironed<br />

and polished for work every night; help with the pots etc<br />

after dinner; still pay us the nominal £25 per week that you<br />

do and we will continue to wash your clothes, buy your<br />

food, make your meals, keep the sky multi room in your<br />

bedroom, let you have unlimited us of the gas, electricity,<br />

heating, wifi, telephone, sky on demand, mum’s 24 hour<br />

taxi service and unlimited lending facilities<br />

2. Keep your bedroom in the state it is now and you can still<br />

live here and pay us the nominal £25 per week that you do,<br />

keep your bedroom door closed at all times, buy and cook<br />

your own food, buy your own washing power/tablets/conditioner<br />

and wash and iron your own clothes; mum’s taxi<br />

and bank services stop<br />

3. Go and live with your dad<br />

And in my new calm and rational manner I gave him until<br />

the 2nd <strong>Jan</strong>uary to make his mind up which option he will<br />

choose.<br />

I await his decision with trepidation/anticipation/excitement/nausea!<br />

I will let you know his decision!<br />

On a different note altogether those of you who know me<br />

well will know that, very sadly, I am a reality tv lover –<br />

Strictly, X Factor, I’m a Celebrity – I LOVE them! Autumn is<br />

my favourite time of the year – I can have a reality tv glut<br />

every weekend and in fact I am writing this on the 8th December<br />

as the deadline for the <strong>Jan</strong>uary edition is really<br />

early and the I’m A Celebrity Final has just taken place.<br />

To win delicious deserts for everyone in the final George,<br />

(for those of you who don’t watch reality tv, George is part<br />

of a pop group boy band – who were on x factor – and he<br />

made it to the final of I’m A Celebrity), had to take part in a<br />

trial that saw the biggest number of critters dumped during<br />

the 2015 I’m A Celebrity series.<br />

George had to lie on his back in the box, strap himself in<br />

and when the time started had to push four stars out of the<br />

top of a metal grate one by one and put them on a shelf to<br />

the side of him. He had four minutes to complete the trial<br />

but dumped on top of him first were 45,000 cockroaches,<br />

25,000 crickets, 5,000 mealworms, 20 witchetty grubs and<br />

five nests of green ants.<br />

Now you tell me, how on god’s earth did they know it was<br />

exactly 45,000 cockroaches, 25,000 crickets and 5,000 mealworms?<br />

How did they count them? They move so quickly. Did they<br />

have two big buckets and move them one by one from one<br />

bucket to another?<br />

What if you lost count during the cockroach count at<br />

43,982?<br />

Who on earth would want to be a cockroach counter anyway?<br />

(Not too bad being the witchetty grub counter I suppose)<br />

And the final fridge wars of 2015<br />

From Jack to me (so not funny) ………<br />

And in response, From me to Jack (so very, very, very funny)<br />

Fran Eccles-Bech<br />

Chief Executive<br />

Monthly Competition<br />

WITHIN THE CLASSIC, ORNATE ELLIOT HOUSE ON DEANSGATE IS<br />

GUSTO, FULL OF ALL THE GLAMOUR AND ELEGANCE A PERSON<br />

NEEDS.<br />

Hints towards the 1920’s and<br />

<strong>Manchester</strong>’s local heritage<br />

combine with tall ceilings, a<br />

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seating areas, to make this<br />

Gusto one for every occasion.<br />

Whether it’s a meal for two or a birthday celebration, Gusto will bring a<br />

beautiful, simple decadence to any occasion.<br />

To win a 3 course meal for two with a bottle of house wine<br />

answer the following question:<br />

Q – In Which Building is Gusto situated?<br />

and send to FranEccles-Bech@manchesterlawsociety.org.uk no later than 14th <strong>Jan</strong>uary 20<strong>16</strong>.<br />

The winner of the Village Hotel competition was Richard Riley, Associate Solicitor,<br />

Slater Heelis LLP


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THE MANCHESTER LAW SOCIETY<br />

64 Bridge Street, <strong>Manchester</strong> M3 3BN<br />

Tel: 0<strong>16</strong>1 831 7337 Fax: 0<strong>16</strong>1 839 2631<br />

www.manchesterlawsociety.org.uk<br />

Editor: Fran Eccles-Bech<br />

E-mail: FranEccles-Bech@manchesterlawsociety.org.uk<br />

Publisher: Julia Baskerville Publications<br />

25 Southworth Way, College Farm, Thornton Cleveleys, Lancashire FY5 2WW<br />

Tel/Fax: 01253 829431<br />

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Advertising enquires<br />

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All rights reserved, reproduction in whole or part without written permission from the Publisher<br />

and <strong>Manchester</strong> Law Society is not permitted. Photographic material and manuscripts are supplied<br />

at owners risk, neither the company not its agents accept any liability for loss or damage.<br />

The Society welcomes articles and letters from members on any topic and items should be sent to<br />

the above address<br />

The views and opinions expressed in the <strong>Manchester</strong> <strong>Messenger</strong> are those of the individual contributors<br />

and not of the <strong>Manchester</strong> Law Society


October 09<br />

31<br />

At Clayton Legal your talent matters...<br />

Conveyancing Assistant South <strong>Manchester</strong><br />

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...we believe in Aiming High<br />

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Commercial Property/Finance <strong>Manchester</strong><br />

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with commercial and <strong>Manchester</strong> residential<br />

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appoint Established department a Commercial and Conveyancing mange property all the business instructions for their with a that modern successful the firm offices has track in in<br />

<strong>Manchester</strong>. record this area. and Mix on You of line work will presence ad head ideally up in residential they new seek commercial a conveyancing 6-7 PQE to property grow wish the to<br />

department appoint a Commercial and in the mange next 12 all property months. the instructions for their that modern the firm offices has in<br />

this <strong>Manchester</strong>. Contact area. Lynn Mix of You Sedgwick work will ad head ideally ls@clayton-legal.co.uk<br />

up they seek new a commercial 6-7 PQE to grow property the<br />

department in and the mange next 12 all months. the instructions that the firm has in<br />

Contact this Industrial area. Lynn Mix Disease of Sedgwick work ad Fee ideally ls@clayton-legal.co.uk<br />

Earner they seek a Gtr. 6-7 PQE <strong>Manchester</strong> to grow the<br />

department Our clients are in the currently next 12 looking months. for a Fee Earner to join their<br />

Industrial Contact established Lynn Disease Industrial Sedgwick Disease Fee ls@clayton-legal.co.uk<br />

Earner team. The successful Gtr. <strong>Manchester</strong> candidate<br />

Our will handle clients their are currently own caseload looking of for predominately a Fee Earner litigated to join NIHL their<br />

established Industrial and HAVS claims. Industrial Disease You Disease Fee will Earner be team. required The successful to Gtr. manage <strong>Manchester</strong> candidate claims in<br />

will Our accordance handle clients their are with currently own appropriate caseload looking of strategies for predominately a Fee to Earner secure litigated to join desired NIHL their<br />

and established outcomes. HAVS To claims. Industrial be considered You Disease will be for team. required this exciting The to successful manage role, you candidate claims will have in<br />

accordance will experience handle their of with NIHL own appropriate and caseload HAVS of strategies claims predominately and to to secure demonstrate litigated desired NIHL an<br />

outcomes. and ability HAVS to deal To claims. with be considered a You caseload will be for of required this litigated exciting claims. to manage role, you claims will have in<br />

experience accordance Contact Lauren of with NIHL Connors appropriate and HAVS lc@clayton-legal.co.uk<br />

claims strategies and demonstrate secure desired an<br />

ability outcomes. to deal To with be considered a caseload for of litigated this exciting claims. role, you will have<br />

Contact experience Experienced Lauren of NIHL Costs Connors and Professionals HAVS lc@clayton-legal.co.uk<br />

claims and <strong>Manchester</strong><br />

demonstrate an<br />

ability Progressive to deal firm with seeks a caseload talented of Costs litigated Professionals claims. on all levels<br />

Experienced Contact to strengthen Lauren their Costs Connors already Professionals lc@clayton-legal.co.uk<br />

established team. <strong>Manchester</strong> Ideal candidates<br />

Progressive will be an experienced firm seeks Costs talented Draftsman Costs Professionals that have run on a caseload. all levels<br />

to Experienced Contact strengthen Jamie their Miller Costs already jm@clayton-recruitment.co.uk<br />

Professionals established team. <strong>Manchester</strong> Ideal candidates<br />

will Progressive be an experienced firm seeks Costs talented Draftsman Costs Professionals that have run on a caseload. all levels<br />

Contact to Conveyancing strengthen Jamie their Miller Solicitor already jm@clayton-recruitment.co.uk<br />

established team. South Ideal <strong>Manchester</strong> candidates<br />

will I am be currently an experienced recruiting Costs for Draftsman a traditional that firm have based run a caseload. close to<br />

Conveyancing Contact Cheshire Jamie appoint Miller a Solicitor Qualified jm@clayton-recruitment.co.uk<br />

Solicitor. The South role requires <strong>Manchester</strong> a fairly<br />

I experienced am currently Conveyancer recruiting for to join a traditional other senior firm Solicitors based close to join toa<br />

Cheshire Conveyancing small but appoint very successful a Solicitor Qualified team. Solicitor. The South role requires <strong>Manchester</strong> a fairly<br />

experienced I Contact am currently Steph Conveyancer recruiting Griffiths sg@clayton-recruitment.co.uk<br />

for join a traditional other senior firm Solicitors based close join to a<br />

small Cheshire but very appoint successful a Qualified team. Solicitor. The role requires a fairly<br />

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join other senior Solicitors to join a<br />

small but very successful team.<br />

For more on these and other<br />

Contact<br />

vacancies<br />

Steph Griffiths<br />

please<br />

sg@clayton-recruitment.co.uk<br />

contact Clayton Legal<br />

For more on these and other vacancies please contact Clayton Legal<br />

telephone: 01772 259121<br />

For For more more on these on these and and other other vacancies please contact Clayton Legal<br />

email: enquiries@clayton-legal.co.uk<br />

telephone: 01772 259121<br />

visit email: our website: enquiries@clayton-legal.co.uk<br />

telephone: www.clayton-legal.co.uk<br />

01772 259121<br />

visit<br />

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