birmingham bulletin January 2016
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Greater Birmingham<br />
Bulletin<br />
The monthly publication of the Birmingham Law Society<br />
New Year<br />
New Street<br />
New Logo<br />
New Publication<br />
BLS loses one of its<br />
brightest stars<br />
News from the<br />
President<br />
Legal Awards <strong>2016</strong><br />
The Autumn Statement’s<br />
major changes to the<br />
motor insurance industry:<br />
the end of whiplash?
alb<br />
Business Solutions<br />
Advanced Legal<br />
www.advanced-legal.co.uk<br />
0844 815 5575<br />
The complete<br />
practice solution<br />
ALB - the fastest growing PCMS in the market - is a single,<br />
fully integrated, system that delivers everything your legal<br />
practice needs to improve productivity and grow in today’s<br />
competitive market.<br />
Improve client engagement<br />
Unify matter management and legal accounting<br />
Ensure firm-wide compliance and risk management<br />
Drive business efficiency with automated processes
Bulletin<br />
4. News from the President<br />
5. New Logo for BLS<br />
Greater Birmingham<br />
5. Dates for your Diary<br />
8. The Autumn Statement’s major changes to the<br />
motor insurance industry: the end of whiplash?<br />
9. Legal Awards <strong>2016</strong> to be hosted by Gyles Brandreth<br />
12. Practice Advice from Stephen Gold<br />
14. West Midlands legal sector loses one of its<br />
brightest stars<br />
21. Davies and Partners win their second case in<br />
Europe<br />
29. A Birmingham Lawyer with eight memorials<br />
to his name<br />
Birmingham Law Society<br />
Suite 101<br />
Cheltenham House<br />
14-16 Temple Street<br />
Birmingham<br />
B2 5BG<br />
DX 13100 Birmingham 1<br />
0121 227 8700<br />
Published by<br />
Baskerville Publications<br />
25 Southworth Way<br />
Thornton Cleveleys<br />
Lancashire FY5 2WW<br />
Editorial Enquiries and<br />
Advertising Sales<br />
Julia Baskerville<br />
01253 829431<br />
editorial@<strong>birmingham</strong>lawsociety.org.uk<br />
j.baskerville@jbaskerville.co.uk<br />
www.locallawsocietypublications.co.uk<br />
The views and opinions<br />
expressed in The Bulletin are<br />
those of the individual<br />
contributors and not those of<br />
the Birmingham Law<br />
Society.<br />
On the Cover....<br />
This month’s front cover features the re-developed<br />
Birmingham New Street Station.<br />
The original New Street station opened in 1854. At the<br />
time of its construction, the station had the largest singlespan<br />
arched roof in the world. In the 1960s, the station was<br />
completely rebuilt.<br />
Birmingham New Street is the eighth busiest railway station<br />
in the UK and the busiest outside London, with 34.7<br />
million passenger entries and exits between April 2013<br />
and March 2014. It is also the busiest interchange station<br />
outside London, with more than 5 million passengers<br />
changing trains at the station annually. In 2015 an average<br />
96,747 people passed through New Street each day, or<br />
4,031 in an average hour.<br />
A £550m redevelopment of the station named Gateway<br />
Plus opened in September 2015 and includes a new<br />
concourse, a new exterior facade, and a new entrance. New<br />
Street will also become the terminus for the city<br />
centre extension of the Midland Metro, with a new tram<br />
stop on Stephenson Street, expected be finished by <strong>2016</strong><br />
New Street in<br />
2015<br />
New Street in<br />
1910<br />
If any member of Birmingham Law Society<br />
would like to submit a photograph for future<br />
front covers of the Bulletin, please email<br />
editorial@<strong>birmingham</strong>lawsociety.co.uk<br />
The Bulletin 3
From the President<br />
News from the President<br />
New Publication<br />
Happy New Year and welcome to the first edition of the Society’s revamped new publication,<br />
Greater Birmingham Bulletin. We have a new publisher, Baskerville Publications.<br />
The new publication will be packed with insightful articles, interviews, entertainment in<br />
a fresh new style. It will be the ‘go to’ publication for the legal community in Greater<br />
Birmingham. I do hope you like it.<br />
Please support this publication by sending in your news stories, for example any charity/corporate<br />
social responsibility work that you have been involved in. We would also<br />
like to hear your suggestions on topics for inclusion in the magazine. Please contact the<br />
publisher/editor on 01253 829431 or email editorial@<strong>birmingham</strong>lawsociety.co.uk.<br />
New Logo<br />
Mushtaq Khan<br />
President<br />
I am pleased to announce the Society’s new logo (please see page 5). The Society recently<br />
ran a logo competition and received numerous entries and I am delighted to say<br />
the winning entry was created by Daniel Pickerill of Solihull College. Well done Daniel!<br />
The new logo is a modern, minimalist design that captures the heritage and reflects the<br />
modernity of the Society yet allows for easy reproduction and cross-platform use.<br />
Lights, camera, action!<br />
In partnership with our Sponsors MMADigital, we have produced four new videos, Meet<br />
The President, Newly Qualified Event, Meet The Sponsors and the President’s Dinner<br />
2015. They are all available to view on the Society website.<br />
Videos have become an essential part of the online experience. It is a format that will<br />
help us better connect with our busy members and allows us to better showcase our<br />
key events.<br />
<strong>2016</strong>, It’s A Big Year!<br />
The Society is a progressive organization which is reflected in the positive changes including<br />
the new Bulletin publication, new logo and the new video postings on the Society<br />
website. As we enter <strong>2016</strong>, it promises a brighter and exciting future for the Society.<br />
Crystal Ball Gazing Into <strong>2016</strong><br />
So, what does <strong>2016</strong> hold? There are some national pressing issues that have<br />
implications. There is the consultation over the British Bill of Rights, the Investigatory<br />
Powers Bill – so called - “Snoopers Charter” and the highly<br />
anticipated EU referendum.<br />
Lord Chancellor and Secretary of State for Justice Michael Gove has pushed back the<br />
long-awaited and controversial British Bill of Rights from 2015 to <strong>2016</strong>. The former Attorney<br />
General, Dominic Grieve can be expected to continue his criticism if the government<br />
follow through with their plans. The Scottish National Party’s Nicola Sturgeon, has<br />
indicated that the Scottish government will do ‘absolutely everything’ to oppose the<br />
Act’s repeal. There is also opposition to scrapping the Act by the Labour party. Is the<br />
Lord Chancellor set for a big disappointment in <strong>2016</strong>?<br />
The government's Draft Investigatory Powers Bill has sparked debate over the balance<br />
between privacy concerns and national security in the post-Snowden era, with controversy<br />
around encryption, bulk data and hacking. Clause 71 is causing much concern.<br />
This requires web and phone companies to store records of websites visited by every<br />
citizen for 12 months for access by police, security services and other public bodies.<br />
4 The Bulletin
Diary Dates<br />
Security services will be legally empowered to bug computers<br />
and phones upon approval of a ‘warrant’. Companies will<br />
be legally obliged to assist these operations and bypass encryption<br />
where possible. One concern here will be around<br />
the security of this data, Apple has stated: “The fact is to<br />
comply with the Government’s proposal, the personal data<br />
of millions of law-abiding citizens would be less secure.”<br />
Clearly surveillance powers can play an important role in<br />
preventing and detecting serious crime. I like many others<br />
am unconvinced that the proposed framework provides sufficient<br />
safeguards to ensure it is conducted in a necessary,<br />
proportionate and accountable way – online and offline. We<br />
are cautious and mindful of the State entering our homes,<br />
never mind searching them and taking away our belongings.<br />
Why should we be less cautious when it comes to our online<br />
communications? I do hope we do not sleep walk into losing<br />
fundamental rights of privacy through politics of fear. The<br />
debate on this has only just started….<br />
The in-out EU referendum in 2017 train has left the station<br />
and building up speed as prime minister Cameron tries to<br />
convince EU leaders (and his own party!) of his reform plans.<br />
The Prime Minister hopes to strike out a new deal before issuing<br />
a UK vote. What does this all mean for the legal profession?<br />
Research carried out for The Law Society has found<br />
that the legal sector could lose between £225m and £1.7bn<br />
annually by 2030 if the UK left the EU.<br />
The EU vote is predicated to take up the most column inches<br />
in newspapers and soak up the most minutes on TV. “To be<br />
or not to be in EU?”, this will surely be THE question of <strong>2016</strong>.<br />
Wishing Mistakes for <strong>2016</strong>…<br />
I hope that in this year to come, you, I, we are not afraid to<br />
make mistakes because if we are making mistakes then we<br />
are trying new things, learning, living, pushing ourselves,<br />
changing ourselves, changing our world.<br />
Let us be inspired in <strong>2016</strong> by the following two great<br />
thinkers views….<br />
“Anyone who has never made a mistake<br />
has never tried anything new.”<br />
― Albert Einstein<br />
“The greatest mistake you can make in<br />
life is to be continually fearing you will<br />
make one.”<br />
― Elbert Hubbard<br />
Dates for your Diary<br />
27th <strong>January</strong> 2015<br />
6.15pm<br />
Student Member networking event<br />
Birmingham City University<br />
10th March <strong>2016</strong><br />
6pm - 8pm<br />
Networking Event<br />
Hyatt Regency, Birmingham<br />
21st April <strong>2016</strong><br />
7pm - 1am<br />
Legal Awards <strong>2016</strong><br />
ICC Birmingham<br />
26th April <strong>2016</strong><br />
5pm - 7pm<br />
AGM & Networking<br />
St Philips Chambers, Birmingham<br />
Please see website for further details and to<br />
book: www.<strong>birmingham</strong>lawsociety.co.uk or<br />
email: events@<strong>birmingham</strong>lawsociety.co.uk<br />
Deadlines for submissions to the Bulletin<br />
28th Jan<br />
21st July<br />
25th Feb<br />
25th Aug<br />
24th Mar<br />
29th Sep<br />
14th April 24th Oct<br />
26th May<br />
24th Nov<br />
23rd June<br />
editorial@<strong>birmingham</strong>lawsociety.co.uk<br />
Birmingham Law Society are<br />
proud to work in partnership<br />
with our sponsors<br />
Mushtaq Khan<br />
President<br />
The Bulletin 5
BLS Sponsorship<br />
Midshire announces new partnership<br />
with Birmingham Law Society<br />
Industry-leading office technology sales and service provider<br />
Midshire, is delighted to announce a key new partnership with<br />
Birmingham Law Society, moving into <strong>2016</strong>.<br />
At the heart of Birmingham’s business community, Birmingham Law Society<br />
is the largest regional law society in the UK, representing over 4,400<br />
solicitors and barristers across the region. The society represents, promotes<br />
and supports its members through delivering a dynamic programme<br />
of communications, professional events and networking.<br />
Danny Walden, Midshire Regional Sales Manager explains more about the<br />
partnership plans: “Birmingham Law Society has been a customer of Midshire’s<br />
for many years and we look forward to working closely with them<br />
on this new exciting partnership. Our vision for <strong>2016</strong> is to provide society<br />
members with the very latest technology news, updates and solutions to<br />
help their businesses grow and flourish.”<br />
“During the coming twelve months we will be covering hot topics such as<br />
document security, mobile working and cloud technology as well as sharing<br />
our industry knowledge and expertise.”<br />
“I look forward to meeting with members over the coming months and<br />
helping them tackle the technology pain-points within their business. ”<br />
Midshire is the largest independent provider of photocopiers, printers<br />
and managed print services in the Midlands. Delivering a full-service<br />
technology solution to its customers, the company specialises in reducing<br />
office-printing costs, business telecommunications and IT services. Midshire<br />
has over 11,000 installations across the UK and has won multiple industry<br />
awards for both sales and service.<br />
Birmingham Law Society President, Mushtaq Khan comments on the<br />
partnership with Midshire: “This is a genuinely exciting development in<br />
the relationship between Birmingham Law Society and Midshire. This<br />
partnership will provide clear opportunities for the Society to support its<br />
members by providing useful technology developments, news and solutions<br />
to help support their businesses growth.”<br />
Midshire is available for product demonstrations at its office in West<br />
Bromwich. For more information or to arrange your demonstration please<br />
get in touch with Midshire today:<br />
Contact Danny Walden on: 07971 896 006 or email:<br />
danny.walden@midshire.co.uk or visit: www.midshire.co.uk<br />
“Birmingham Law Society has<br />
been a customer of Midshire’s<br />
for many years and we look<br />
forward to working closely<br />
with them on this new exciting<br />
partnership. Our vision for<br />
<strong>2016</strong> is to provide society<br />
members with the very latest<br />
technology news, updates and<br />
solutions to help their<br />
businesses grow and flourish.”<br />
6 The Bulletin
Birmingham Law Society<br />
unveils new logo<br />
Birmingham Law Society recently ran a competition<br />
to design a new logo for the Society which reflected<br />
its professional, forward-thinking and modern approach.<br />
The competition was open to all art and design<br />
students in the Midlands.<br />
The Society received numerous<br />
entries, and the logo created by<br />
Daniel Pickerill, a graphic design<br />
student at Solihull College was<br />
selected by the judges.<br />
Society News<br />
Daniel, aged 19, is currently in<br />
his second year of studying for<br />
an HND in Graphic Design, and<br />
says that he will continue the<br />
course for a further two years.<br />
His ultimate ambition is to be a<br />
Creative Director with a Design<br />
Agency.<br />
Daniel says that his aim was to create a minimalist and<br />
modern design for the Society and the colour he selected<br />
co-ordinated with the Society’s website.<br />
Well done and thank you Daniel!<br />
SUPPLYING THE MIDLANDS<br />
WITH AWARD WINNING<br />
OFFICE TECHNOLOGY<br />
MIDSHIRE MANAGED PRINT SERVICES<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
CONTACT danny Walden: 07971 896 006<br />
danny.walden@midshire.co.uk www.midshire.co.uk<br />
Midshire Midlands: Midshire House, Doranda Way, West Bromwich, West Midlands B71 4LT<br />
PROUD SUPPLIER & SPONSOR OF:<br />
The Bulletin 7
PI<br />
The Autumn Statement’s major changes to the motor<br />
insurance industry: the end of whiplash?<br />
George Osborne has sought to tackle the compensation<br />
culture and the cost of motor insurance in his most recent<br />
Autumn Statement. The Chancellor says that the<br />
proposed reforms, which came as a surprise to the majority<br />
of the industry, will save an average of £40-50 per<br />
motor insurance policy for the consumer. The key reforms,<br />
which are set out in paragraph 3.103 of the<br />
Spending Review and Autumn Statement 2015, are removing<br />
the right to general damages for “minor soft tissue<br />
injuries” and transferring personal injury claims of<br />
up to £5,000 to the Small Claims Court.<br />
Removing the Right to General Damages for “Minor Soft<br />
Tissue Injuries”<br />
The first key reform is the removal of general damages for<br />
“minor soft tissue injuries.” This will include damages for<br />
pain, suffering and loss of amenity (PSLA) that so often make<br />
up the majority of motor claims, but will not affect a<br />
claimant’s entitlement to special damages.<br />
The obvious question follows - ‘what is a “minor soft tissue<br />
injury?”’<br />
The phrase “soft tissue injury claims” is used in the Pre-Action<br />
Protocol for Low Value RTA Claims where essentially it refers<br />
to whiplash injuries. Given the Autumn Statement’s aim to<br />
“reduce the excessive costs arising from unnecessary<br />
whiplash claims” and the increased insurance premiums arising<br />
from those costs it is likely that the use of this phrase is a<br />
deliberate one.<br />
However there is as yet no definition of what constitutes a<br />
minor soft tissue injury claim. Aviva’s Road to Reform rather<br />
cautiously suggests that injuries persisting for up to 3<br />
months should be considered “minor” whilst other options<br />
may be by reference to a monetary figure or whiplash itself.<br />
When examined with the second reform discussed below, it<br />
may be that the Chancellor’s intention was for the two reforms<br />
to work together meaning that whiplash claims with a<br />
total damages figure of up to £5,000 are deemed “minor.” Of<br />
course until the Government consultation in the new year<br />
this is purely speculation. One thing that is clear is that how<br />
and where the Government chooses to set this limit will be<br />
crucial.<br />
Transferring Personal Injury Claims up to £5,000 to the<br />
Small Claims Court<br />
The second of the two proposed reforms will certainly be<br />
wider in scope than the first with “all personal injury claims”<br />
up to £5,000 being transferred to the Small Claims Court, a<br />
limit that was previously set at £1,000. Whether this increase<br />
will be limited to motor insurance claims, in accordance with<br />
the aim stated in paragraph 3.103 of the Autumn Statement,<br />
or all personal injury claims, as has been debated for many<br />
years now, remains to be seen.<br />
8 The Bulletin<br />
This change is aimed at reducing disproportionate legal<br />
costs in lower value cases. The relevant procedural protocols<br />
provide that claims which fall within the Small Claims Track<br />
limit will be subject only to the restrictive fixed costs regime.<br />
The assumption then being that any costs saving for the insurers<br />
will be passed on to the consumer by way of reduced<br />
policy premiums.<br />
The Impact of the Changes<br />
The plans will have a transformational effect on the market:<br />
the Claims Management Companies (CMCs) marketing the<br />
claims and the lawyers handling them. If, as predicted by<br />
some, the reform had only been a rise in the Small Claims<br />
limit for RTA claims to £5,000, the likely result would have<br />
been a new market for these claims, filled by CMCs, as well as<br />
solicitors working on lower costs bases, competing for those<br />
claims. Their rewards would have been a percentage of the<br />
damages recovered (Damages Based Agreements). However<br />
the removal of damages for minor soft tissue injuries means<br />
that the number of cases will reduce and may mean that injured<br />
people are no longer represented by a lawyer where<br />
the value is below £5,000. Clearly there are concerns for<br />
those injured and whether they will get the right level of<br />
compensation in these circumstances. Conversely, the insurance<br />
industry has been making their views known on the<br />
lack of merit in many whiplash claims, an area with a high incidence<br />
of fraudulent claims.<br />
There may also be another factor suggesting an overall reduction<br />
in claims - claimants may feel less compelled to<br />
bring a claim with only special damages on offer. Insurers<br />
and the Government however will point out that claimants<br />
will be well compensated as part of the shifting emphasis<br />
from “cash to care,” the idea being that the insurer will provide<br />
early rehabilitation as opposed to a monetary settlement.<br />
It is intended that this will strike a better balance<br />
between the interests of the injured party and the interests<br />
of the average consumer who will be set to save on their insurance<br />
premiums. Those representing claimants are unconvinced<br />
and the access to justice debate continues.<br />
The Government’s exact intentions and the likely impact of<br />
them cannot be determined until we are provided with more<br />
details as the consultation process begins in <strong>2016</strong>. What is<br />
clear is that we have not seen the end yet of Government’s<br />
attempts to deal with the perceived compensation culture.<br />
Caroline Coates<br />
DWF LLP<br />
Chairman of the Personal Injury Committee
Legal Awards <strong>2016</strong><br />
Legal Awards <strong>2016</strong><br />
Gyles Brandreth to host Legal Awards<br />
Writer and broadcaster Gyles<br />
Brandreth will be the guest host and<br />
speaker at the Birmingham Law<br />
Society Legal Awards <strong>2016</strong>.<br />
The charismatic former MP and Government<br />
whip will oversee proceedings at<br />
the annual event for the region’s legal<br />
community, which is being held at the<br />
International Convention Centre on 21<br />
April this year.<br />
Mr Brandreth has had a varied career in<br />
politics, the media and show business.<br />
Since the 1970s he has appeared on numerous<br />
TV and radio shows, including<br />
Countdown, QI, Have I Got News For<br />
You, The One Show, and Just a Minute<br />
on BBC Radio 4.<br />
As the Sunday Telegraph Review’s editor-at-large<br />
and a journalist for many<br />
years, Mr Brandreth has interviewed<br />
both celebrities and world leaders and<br />
has written books on the Royal Family<br />
and politics, drawn from his time as a<br />
Government whip.<br />
His career in politics spanned from 1992<br />
to 1997, when he was the Conservative<br />
MP for the City of Chester. In 1995 he<br />
was appointed to a junior ministerial<br />
role as a Lord of the Treasury.<br />
Today, as well as appearing on TV and<br />
radio, Mr Brandreth is a regular on the<br />
after dinner circuit.<br />
Mushtaq Khan, president of Birmingham<br />
Law Society, said: “The focus of the<br />
evening is the awards and recognising<br />
the wealth of legal talent Birmingham<br />
and the wider West Midlands has.<br />
“It’s also a celebration and a chance to<br />
have fun with friends, colleagues and<br />
peers, and who better to help us do that<br />
than Gyles Brandreth?<br />
“Gyles’ sense of humour, wit, and penchant<br />
for telling stories and anecdotes<br />
from his long and varied career will be a<br />
fitting addition to the evening.”<br />
The Legal Awards, which is being sponsored<br />
by office equipment supplier Midshire,<br />
is organised by Birmingham Law<br />
Society, the largest law society outside<br />
London, to recognise and reward the individual<br />
and collective achievements of<br />
the region’s legal community.<br />
The awards include Trainee Solicitor of<br />
the Year, Barrister of the Year, Paralegal<br />
of the Year, Chartered Legal Executive of<br />
the Year, Assistant/ Associate Solicitor of<br />
the Year, Corporate Social Responsibility<br />
and Pro bono Lawyer of the Year, Partner<br />
of the Year, Law Firm of the Year<br />
(sole practitioner – four partners), Law<br />
Firm of the Year (5 – 15 partners) and<br />
Law Firm of the Year (16 plus partners),<br />
plus two new categories, Corporate<br />
Team of the Year and In-house Legal<br />
Team of the Year.<br />
There will also be a special Lifetime<br />
Achievement award presented to an<br />
individual who has made a significant<br />
contribution to the legal profession<br />
during their career.<br />
Nominations for the awards are now<br />
closed.<br />
Mr Khan said: “We have been overwhelmed<br />
by the level of interest we<br />
have received in the awards this year. In<br />
fact, we have had a record number of<br />
entrants, which goes to show the<br />
awards are still held in high regard by<br />
the region’s legal sector.”<br />
“Gyles’ sense of humour,<br />
wit, and penchant for<br />
telling stories and<br />
anecdotes from his long<br />
and varied career will be a<br />
fitting addition to the<br />
evening.”<br />
To book tickets for the event email<br />
events@<strong>birmingham</strong>lawsociety.co.uk<br />
The Bulletin 9
Gyles Brandreth to host<br />
Legal Awards <strong>2016</strong><br />
Charismatic writer, broadcaster and former<br />
MP Gyles Brandreth will take to the stage<br />
as the guest speaker and compere at this<br />
year’s Legal Awards.<br />
Best known for his appearances on TV and radio<br />
shows such as Countdown, QI, Have I Got News<br />
For You, The One Show and Just a Minute on<br />
BBC Radio 4, as well as his work as a journalist,<br />
currently as the Sunday Telegraph Review’s<br />
Editor-at-Large, and published author, Gyles will<br />
be bringing his irrepressible charm, good humour<br />
and wit to the awards dinner on 21 April <strong>2016</strong>.<br />
There will also be a special performance by<br />
Britain’s Got Talent 2015 finalists The Neales.<br />
Tickets for the annual sell-out event, which<br />
showcases the best of the region’s legal sector,<br />
from talented trainees to brilliant partners<br />
(solicitors) are now on sale.<br />
The winners of the 12 categories will be announced<br />
on the night, with awards presented for:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
(sole practitioner up to 4 partners)<br />
<br />
(5 to 15 partners)<br />
<br />
(16 plus partners)<br />
To book tickets for the <strong>2016</strong> Legal<br />
Awards please see reverse for details.<br />
Booking Form
Book now<br />
for Birmingham Law Society Legal Awards<br />
21st April <strong>2016</strong><br />
International Convention Centre, Birmingham<br />
Tables for 10 persons cost £850 + VA<br />
AT and individual tickets £95 + VAT<br />
The quickest and easiest way to reserve your table(s) or ticket(s)<br />
is to book online at www.<strong>birmingham</strong>lawsociety.co.uk<br />
Alternatively, you can return this form to:<br />
Birmingham Law Society<br />
Suite 101, Cheltenham House<br />
14-16 Temple Street<br />
Birmingham B2 5BG<br />
DX: 13100, Birmingham 1<br />
Email: events@<strong>birmingham</strong>lawsociety.co.uk<br />
Practice Name:<br />
Practice Address:<br />
(DX number to be given where e available)<br />
Contact Name:<br />
Telephone No:<br />
Fax No:<br />
E-mail:<br />
I would like to book a table for 10 persons @ £850 + VAT<br />
or<br />
Yes<br />
No<br />
(please circle)<br />
I would like to book<br />
tickets @ £95.00 + VAT Total amount:<br />
...a night<br />
not to be missed<br />
*Invoices will be posted to you and payment will be required by no later than 18th March <strong>2016</strong>
Practice Advice<br />
"Thanks, But No Thanks."<br />
Sometimes it's best to just say no, says Stephen Gold<br />
Every firm grapples daily with the question: How do we<br />
price this job? But when a new opportunity comes along,<br />
there is always a prior question: Do we want it at all? In<br />
general, lawyers are not terribly good at giving the right<br />
answer. There is something about us that makes it difficult<br />
to say no: the desire to help; reluctance to offend; a<br />
feeling that any work is better than none; anxiety about<br />
hitting fee targets; fear of not being able to feed the machine.<br />
And so we tell ourselves stories to justify taking on<br />
whatever comes our way; it helps cover the overheads;<br />
we may lose on this job, but it's an "investment" to win<br />
better work; if we don't do it, our competitors will, and<br />
we will never see the client again. As in love, the possibilities<br />
for self-deception are infinite.<br />
I know this from personal experience. When my wife and I<br />
set up our firm, I had just recovered from a tussle with cancer,<br />
in which, thankfully, it came a close second. We took on a<br />
sleep-repellent mortgage to get the firm established. We<br />
had a lot of belief, but there was no guarantee we would<br />
convert it into reality. Back then, if a potential client had<br />
wandered in and asked me for a quote to paint his garage, I<br />
would happily have grabbed a brush. Even though the firm<br />
grew to employ hundreds of people, that feeling of insecurity<br />
- a combination of personal experience and my thirdgeneration<br />
Jewish immigrant mentality - never completely<br />
went away. So if you ask me if I ever took on work I should<br />
have avoided like the plague "because it was there" I confess<br />
to being a serial offender before the penny, as it were,<br />
dropped.<br />
In the bear pit of today's market, with every single piece of<br />
business hard won, the temptation to take whatever comes<br />
in the door has never been stronger. But precisely because<br />
the pressure on profit is so intense, it has never been more<br />
important to assess every opportunity with our heads, not<br />
our hearts. To an engineer or quality controller the term,<br />
"Go/No Go" has a defined meaning: Does the product meet<br />
the right specifications? Is it safe to proceed with manufacture?<br />
Go/No Go should be our test too. We need to ask (and<br />
give honest answers) to these questions:<br />
What markets do we want to serve?<br />
Look around the most successful firms, of whatever size or<br />
sector. All of them are clear about the markets they want to<br />
be in, and aspire to deep excellence. Sometimes, as with my<br />
firm, this has involved big bets; abandoning mainstream<br />
areas of practice, or electing to practice exclusively in a specialised<br />
field. Firms that try to be most things to most people,<br />
or have not thought through properly what they want to<br />
be, can still be spotted performing the neat trick of spiralling<br />
downwards, while vanishing up their own fundamental haplessness.<br />
Do we have the skills to do this job well?<br />
Note the emphasis on "well". The question is not, "Can we,<br />
with the wind at our back, Jupiter in the ascendant, and the<br />
client not noticing, muddle through?" However juicy the fee,<br />
taking on work in which the firm is not expert, or does not<br />
have the resources to manage well, is an express route to<br />
grief and pain.<br />
Do we have the data, process and pricing skills to make<br />
informed choices?<br />
The antidote to decisions based on fear, hope and greed is<br />
good data and process. Assuming you have the technical<br />
skill, how well are you able to calculate the cost of doing the<br />
job? Are you able to make well informed decisions on who<br />
should best deliver it, how they will deliver and what resources<br />
they will need? Do you have the methodologies to<br />
scope the work and price attractively, with a decent margin?<br />
Large firms have the advantage of specialists in finance, project<br />
management, tendering and pricing. They are critical to<br />
deciding Go/No Go, when every major tender may mean<br />
spending tens of thousands of pounds in time and cash. But<br />
the ability to develop systems and processes to guide good<br />
choices is within the reach of every firm. My firm started out<br />
with one qualified lawyer. We grew to just under 500 people,<br />
acting mostly for large institutions north and south of the<br />
border. Of those, only 22 were lawyers. I do not suggest for a<br />
moment this is a model for everyone, but it does show the<br />
potential for thinking differently about how and by whom<br />
work should be done, and the impact that can have on the<br />
bottom line. Advances in artificial intelligence will have a<br />
transformative effect not just on legal practice, but on middle<br />
class jobs globally in the decades to come. Meantime,<br />
12 The Bulletin
Practice Advice<br />
there are many valuable measures<br />
firms of all sizes can take<br />
which require thought, willingness<br />
to adapt and some investment,<br />
but are decidedly not<br />
rocket science.<br />
It is impossible to develop a successful<br />
strategy without the wisdom<br />
and courage to say no. If you<br />
were to wander into Pizza Express<br />
and ask for Pattaya Prawns, you<br />
would be pointed politely to the<br />
Thai Palace down the street. You<br />
will never hear, "Hang on, we'll<br />
just turn off the oven, grab a wok,<br />
and get started." Securing the<br />
largest slice for your firm means<br />
following their example, however<br />
difficult it seems.<br />
Stephen Gold will be writing a<br />
monthly practice advice column<br />
for the Bulletin during the<br />
course of <strong>2016</strong>.<br />
Meet Stephen Gold<br />
Before discovering the law, Stephen<br />
Gold's first job was in management at the<br />
leading retailer Marks & Spencer plc. It<br />
gave him experience of working in the<br />
real world, a passion for customer service<br />
and a tie collection which might<br />
charitably be described as “brave”.<br />
In 1981, aged 32, having just recovered<br />
from cancer, with his wife Ruth he<br />
founded Golds Solicitors, Glasgow, in a<br />
converted suburban shop. By 2007, it had<br />
grown to 450 people, and gained a reputation<br />
as one of the UK’s most innovative<br />
law firms. Golds were pioneers in using<br />
new process and technology, specialising<br />
in work for banks, insurers, and national<br />
organisations. Alongside the Glasgow office,<br />
a successful English practice was<br />
built from a base in Manchester, to make<br />
the firm one of the few Scottish firms to<br />
offer full UK coverage.<br />
Stephen was senior partner and Golds’<br />
best-known rainmaker, until the firm<br />
merged with UK giant Irwin Mitchell in<br />
2007, where he stayed for just under 3<br />
years, first as a partner and then as a<br />
consultant, responsible for developing<br />
business in the firm’s financial services,<br />
corporate and commercial practice areas.<br />
Today, he runs a successful law firm<br />
management consultancy, Stephen Gold<br />
Consulting, through which he is retained<br />
as a non-exec, trusted adviser and<br />
mentor to well-known firms throughout<br />
the UK, and internationally. Stephen<br />
writes regularly on law firm strategy and<br />
management, and is a frequent speaker<br />
in professional forums.<br />
Contact:<br />
e:stephen@stephengold.co.uk<br />
t: 0044 7968 484232<br />
w: www.stephengold.co.uk<br />
twitter: @thewordofgold<br />
The Bulletin 13
Local News<br />
West Midlands legal sector loses one<br />
of its brightest stars<br />
Martyn Morgan<br />
One of the West Midlands leading<br />
lawyers has passed away after a short<br />
illness. Martyn Morgan, the head of<br />
QualitySolicitors Talbots and a<br />
Birmingham Law Society Council<br />
Member, died on 10th December 2015<br />
aged 60 years-old at Worcestershire<br />
Royal Hospital and leaves behind wife<br />
Mary, daughters Abby, Charli, Danielle,<br />
Hannah and son Ben.<br />
The Stourbridge-born residential property<br />
specialist was a popular figure in the Midlands<br />
law scene and was renowned for his<br />
sense of humour and commitment to delivering<br />
high quality legal services ‘locally’.<br />
one of the premier law firms in the West<br />
Midlands – is achieved. He always believed<br />
that local people and businesses shouldn’t<br />
have to travel to the big cities and pay extortionate<br />
fees to get the right legal advice<br />
when they need it most.”<br />
Martyn was articled to Bryan Evers of Harward<br />
and Evers in Stourbridge, who he<br />
cited throughout his career as an inspirational<br />
lawyer and individual.<br />
He took over QualitySolicitors Talbots in<br />
1991 when the practice had two offices<br />
and a handful of staff.<br />
“He was the heartbeat of the business and wasn’t<br />
afraid to try new ideas and innovate the way we<br />
did things in what is still a very traditional sector.”<br />
A former student of King Edward VI Grammar<br />
School, he had just marked the company’s<br />
best ever year in business, achieving<br />
£8m of annual fees and helping it secure its<br />
position in the top 20 conveyancing firms in<br />
the UK.<br />
“Everyone is shocked and naturally saddened<br />
by Martyn’s sudden passing and our<br />
thoughts are with Mary and their children,”<br />
commented Rachel Pardoe, Practice Director<br />
at QualitySolicitors Talbots<br />
“He was the heartbeat of the business and<br />
wasn’t afraid to try new ideas and innovate<br />
the way we did things in what is still a very<br />
traditional sector.”<br />
She went on to add: “Despite his immense<br />
workload he would always make time for<br />
people and, more times than not, his larger<br />
than life character would brighten up the<br />
day with one of his trademark jokes or witty<br />
comments.<br />
“As a business, we will continue to work<br />
hard to ensure Martyn’s vision – to remain<br />
Today, the company boasts more than 190<br />
employees, seven offices across the Black<br />
Country and Worcestershire and a reputation<br />
for being experts in business, employment,<br />
estates, family and property law.<br />
Under his guidance the firm has also introduced<br />
a number of innovations, including<br />
‘free first advice’, Saturday openings and<br />
fixed-fee business advice meetings.<br />
Rachel concluded: “Talbots was like a second<br />
family to Martyn and he would have<br />
wanted us to get back to business as<br />
quickly as possible, ensuring we put the<br />
clients first. That’s exactly what we are<br />
going to do.”<br />
Outside of work, Martyn was a massive<br />
Aston Villa fan and enjoyed keeping fit,<br />
running two marathons (New York and<br />
London), taking part in long bike rides and<br />
playing practical jokes.<br />
He was also a major fundraiser for the Chris<br />
Westwood Charity for Children with Physical<br />
Disabilities, where he helped to raise<br />
tens of thousands of pounds.<br />
14 The Bulletin
Movers & Shakers<br />
Trio strengthen expanding Corporate Team<br />
One of the Midlands' leading corporate<br />
legal teams is expanding further<br />
with three new appointments.<br />
Higgs & Sons' corporate team has appointed<br />
paralegal Shana Quinn, corporate<br />
tax adviser Adam Rollason and<br />
associate Jody Webb.<br />
Partner and head of department Nick<br />
Taylor said: "We are extremely proud to<br />
be one of the most experienced corporate<br />
teams in the Midlands. The new<br />
skills that are now being brought to the<br />
team will only add to our offering for<br />
clients."<br />
The appointments bring the total number<br />
of lawyers in the team to 21, including<br />
trainees and paralegals..<br />
local accountancy firm while studying<br />
for the AAT on day release. He went on<br />
to qualify as a chartered certified accountant<br />
in 2012 and then moved to<br />
Baker Tilly where he also qualified as a<br />
chartered tax adviser.<br />
Finally, associate Jody Webb comes to<br />
Higgs & Sons from Gateley where she<br />
had been since gaining her qualification<br />
from EMW Law. Jody joined them as a<br />
part of the Corporate Transactional in<br />
2007 and was promoted to associate in<br />
2012.<br />
Nick Taylor added: “We have followed a<br />
strategy of appointing experts within<br />
their individual specialisms and aim to<br />
grow the team even further in the future<br />
to match the needs of our clients."<br />
Partner and Head of<br />
Corporate at Higgs & Sons Nick<br />
Taylor with new team members<br />
Shana Quinn, Adam Rollason<br />
and Jody Webb<br />
Shana Quinn joins Higgs as a paralegal.<br />
She completed her law degree at the<br />
University of Law in Birmingham in<br />
2014 where she also went on to complete<br />
her LPC.<br />
Corporate tax adviser Adam Rollason<br />
joins the firm from Baker Tilly where he<br />
worked for three years. Having left<br />
school at 16, Adam began working for a<br />
Higgs & Sons’ award winning corporate<br />
team is recognised as one of the most<br />
progressive in the region. With a<br />
breadth of experience across many different<br />
types of business sales, acquisitions<br />
and merger & acquisition work,<br />
the department acts for national and international<br />
organisations, from banks,<br />
PLCs and large private companies to<br />
owner managed businesses.<br />
New era begins<br />
for Freeths<br />
A new era has begun for leading law firm Freeths with a<br />
move to state-of-the-art offices in the heart of Birmingham’s<br />
Colmore Business District.<br />
The new 8,000 sq ft offices, on the third floor of the Colmore<br />
Plaza building, are home to a 46-strong Freeths team, with<br />
room for more staff as the firm continues to grow its operations<br />
in Birmingham.<br />
Richard Beverley, Freeths managing partner for the Birmingham<br />
office, said: “There is very little prime office space available<br />
in Birmingham at the moment but Colmore Plaza is just<br />
that. It’s the perfect location for us, in the heart of Birmingham‘s<br />
business district and the quality of the facilities is reflected<br />
in the high profile businesses we are sharing the<br />
building with.<br />
“The legal sector is incredibly competitive when it comes to<br />
attracting and retaining the best talent. The new offices will<br />
play an important role in helping us do that, by reaffirming<br />
our position as one of the leading firms in the city.”<br />
Freeths managing partner Richard Beverley<br />
(left) and Lee Clifford, partner and head of<br />
corporate team<br />
Richard added: “Since we moved to our last offices less than<br />
four years ago, we have more than doubled our staff numbers<br />
in Birmingham. We’ve simply outgrown the space. Our<br />
new offices at Colmore Plaza will enable us to bring all of our<br />
staff together on one floor, and provide the flexibility we<br />
need as we continue to expand our numbers going forward.“<br />
Freeths’ new offices comprise a highly contemporary fit out<br />
which displays the work of prominent local artist Jo Ruth and<br />
her unique take on the most prominent buildings in the city<br />
centre.<br />
The Bulletin 15
Movers & Shakers<br />
Trowers & Hamlins ramps up construction<br />
capabilities in the Midlands<br />
International law firm Trowers & Hamlins, with offices in<br />
Birmingham, continues to bolster its construction capabilities<br />
in the Midlands with the recent appointments of<br />
Paul Mountain and Tim Willis, who have joined the firm<br />
as consultants.<br />
Paul was previously a partner and head of construction at<br />
SGH Martineau in Birmingham. He specialises in non-contentious<br />
construction work, with a particular focus on areas<br />
including education, energy, regeneration, and heritage and<br />
culture. He also advises on the formation of not-for-profit<br />
companies and social enterprises and on related governance<br />
matters.<br />
Paul's appointment follows that of Tim Willis, former construction<br />
and engineering partner and head of renewables<br />
at Harrison Clark Rickerbys, earlier this year. Tim is Solicitor<br />
Advocate, having originally practised as a barrister. He is<br />
also a former Chairman of the CIArb in the Midlands and Vice<br />
Chairman of the Adjudication Society. He specialises in providing<br />
contentious construction advice and conducting litigation,<br />
arbitration and adjudication.<br />
The construction capabilities of Trowers & Hamlins' Birmingham<br />
office have grown significantly recently. The appointments<br />
of Paul Mountain and Tim Willis follow those of<br />
Victoria Ball, who joined the non-contentious team from Interserve's<br />
in-house legal department, and Tanya Chadha on<br />
the contentious construction side. The Birmingham construction<br />
team now has nine members.<br />
Assad Maqbool, head of regional Projects and Construction<br />
The Construction Team<br />
at Trowers & Hamlins, commented: "We have seen a rise in<br />
demand for construction-related advice and have responded<br />
accordingly to our clients' needs by boosting our offering in<br />
the Midlands.<br />
"The arrivals of Paul and Tim further strengthen our offering<br />
and follow on the heels of the strategic decision we took last<br />
year to relocate partners Vijay Bange and Andrew Vickery to<br />
Birmingham from London."<br />
Trowers & Hamlins' Birmingham construction team is part of<br />
the firm's national construction practice, which provides fully<br />
integrated "cradle-to-grave" construction law advice. The<br />
team is best known for its innovation and determination to<br />
achieve practical and commercial results for its clients,<br />
whether contractors, government bodies, local authorities,<br />
developers or housing providers.<br />
No5 Named Regional Chambers of the Year<br />
A leading set of barristers has been named Regional<br />
Chambers of the Year 2015 at a prestigious, annual<br />
awards ceremony.<br />
No5 Chambers scooped the award at the Chambers UK Bar<br />
Awards which was held at a new venue for 2015, Old<br />
Billingsgate Walk in London, and hosted by award winning<br />
comedian Marcus Brigstocke.<br />
The awards, covering 27 categories, exclusively highlight<br />
the excellence of members of the UK Bar, recognising the<br />
most outstanding achievements by chambers and their<br />
members. 640 guests attended the ceremony.<br />
No5, which has its head office in Steelhouse Lane in the<br />
city, also has branches in London, Bristol and the East Midlands.<br />
It is one of the largest sets of barristers chambers in<br />
the UK with more than 240 members including 28 Queens<br />
Counsel.<br />
Throughout its 100 year history, No5 has established a reputation<br />
for breaking new ground and continues to be regarded<br />
as progressive and forward-thinking.<br />
Tony McDaid, Practice Director at No5 Chambers, said: “We<br />
are extremely pleased to be named Regional Chambers of<br />
the Year, and that we were singled out by the judges as a<br />
‘notable winner’ on the night.<br />
“Chambers continues to go from strength to strength and<br />
is widely regarded by many as a national set. However we<br />
are proud to retain our head office in Birmingham, the<br />
country’s second city, which is enjoying a renaissance with<br />
its own plaudits and awards.<br />
“Here at No5 we remain committed to providing a quality<br />
service to our clients across the country, achieved through<br />
our high calibre of barristers and staff.”<br />
16 The Bulletin
Movers & Shakers<br />
Mayor of Walsall congratulates Enoch<br />
Evans LLP as the 130 year-old business<br />
opens new offices<br />
The Mayor of Walsall, Councillor Angela Underhill, has<br />
congratulated leading Walsall law firm, Enoch Evans<br />
LLP, on the opening of their newly refurbished offices<br />
in the heart of the city.<br />
The expansive new facilities help to ensure the firm can expand<br />
its operation even further over the next few years.<br />
Enoch Evans LLP now has the office space it needs to provide<br />
more support to more people throughout the Black<br />
Country and into the Midlands. At the celebratory opening<br />
of the offices in St Pauls, Councillor Angela Underhill, the<br />
Mayor said, “I’m delighted to see one of our older buildings<br />
being refurbished and put to such good use by Enoch Evans<br />
LLP. There’s already a big team here and by the look of it,<br />
even more room to grow.”<br />
Enoch Evans LLP is one of the Black Country’s longest established<br />
law firms – and a significant local employer. The firm<br />
currently employs more than 40 lawyers, who assist private,<br />
commercial and corporate clients. The legal team is supplemented<br />
by a strong support team. Enoch Evans LLP has always<br />
worked hard to invest in local talent, and the firm’s<br />
spacious new offices give them the potential to go on growing<br />
– and go on creating more jobs for local people.<br />
The grand opening in the presence of the Mayor was a bit of<br />
a back-to-the-future moment. The firm’s founder, Mr Enoch<br />
Evans, also served as Mayor of Walsall in 1921 and maintained<br />
strong connections with Walsall throughout his life.<br />
He was even described as one of Walsall’s outstanding personalities.<br />
His firm has operated from Walsall from its inception<br />
in 1884 – and, no matter how much it grows, Enoch<br />
Evans LLP will always have its home here.<br />
Managing Partner David Evans and Mayor<br />
of Walsall, Councillor Angela Underhill<br />
Even after 130+ years in business, there’s still an Evans at the<br />
head of Enoch Evans LLP. Managing Partner, David Evans is<br />
the great grandson of founder Enoch Evans. While the firm<br />
has grown tremendously – David Evans is still looking ahead,<br />
saying, ‘This is a proud moment for Enoch Evans LLP. This development<br />
allows us to grow in line with our ambitions to<br />
build on our already excellent reputation to provide quality<br />
legal support for the residents of Walsall and beyond.’<br />
!"#$%&'$$%(%)"$*%<br />
)+,-.'$',%/"01,-'*%(%2,1$*310",*%%<br />
tel. 2'34% 0121 5676%789%:;5:% 236 5705<br />
www.johnvenn.co.uk<br />
31,%3'G13-*10-"$%L%0,1$*310-"$4%%%<br />
!<br />
"#$%&'(#)*+!(,!$)*!*%-'.!/0 $) !1*,$2-.3!!4*52'%$*+!&.!$)*!6%#$*-!78!$)*!9%12'$(*#3!<br />
The Bulletin 17
Movers & Shakers<br />
George Green expands its top ranked<br />
Corporate & Commercial Team<br />
Law firm George Green LLP have expanded its topranked<br />
Corporate and Commercial team with the recent<br />
appointment of Senior Associate, James Bird.<br />
James previously worked as a Senior Associate at Wright<br />
Hassall Solicitors specialising in a wide variety of commercial<br />
contracts, procurement and supply chain issues, IT agreements,<br />
outsourcing and intellectual property licenses and<br />
transfers.<br />
Paul Bennett, Senior Partner at George Green commented<br />
“The recent Chambers and Partners ranking reaffirmed our<br />
status as one of the leading corporate and commercial<br />
teams in the West Midlands. James appointment builds on<br />
this reputation”.<br />
James Bird, Senior Associate said “I am delighted to join<br />
George Green’s top-ranked Corporate and Commercial Team<br />
and hope to continue building this reputation by bringing<br />
my previous experience to help the team continue with their<br />
success”.<br />
James Bird, Senior Commercial Associate<br />
& Paul Bennett, Senior Partner,<br />
George Green LLP<br />
Gateley Plc lawyer appointed as<br />
Sport Birmingham Trustee<br />
Merran Sewell, senior associate in<br />
the Employment team at national law<br />
firm, Gateley Plc’s Birmingham office<br />
has been appointed as a new Trustee<br />
to Sport Birmingham.<br />
The appointment will see Merran join<br />
the independent charity as one of<br />
eleven trustees responsible for the governance<br />
and strategic direction of the<br />
Trust.<br />
Working as one of 45 County Sport<br />
Partnerships in England, Sport Birmingham<br />
is committed to harnessing the<br />
power of sport and physical activity in<br />
order to improve the lives of individuals<br />
across Birmingham.<br />
Commenting on her appointment, Merran<br />
said: “I am delighted to become a<br />
new Trustee for Sport Birmingham. The<br />
charity plays a vital role across the city<br />
and in our communities, encouraging<br />
individuals to get involved in sport and<br />
physical activity.<br />
18 The Bulletin<br />
“I have benefited immensely from local<br />
sport clubs and I’m excited at the<br />
prospect of providing similar opportunities<br />
across our city, harnessing enthusiasm<br />
from recent campaigns such as<br />
“This Girl Can”. Within the UK only 25<br />
per cent of over a million coaches are<br />
women. I look forward to that changing<br />
over the years ahead through the<br />
good work and endeavours of County<br />
Sports Partnerships in which I am proud<br />
to now play a part.<br />
“In addition to my Trustee responsibilities,<br />
I’ll also be supporting Sport Birmingham’s<br />
HR function. At Gateley many<br />
of our lawyers advise organisations<br />
within the sports sector and our teams<br />
have a strong understanding of the<br />
challenges and opportunities facing the<br />
sector.”<br />
Mike Chamberlain, Chief Executive Officer<br />
at Sport Birmingham, said: “With her<br />
passion for sport, experience and skillset,<br />
Merran will be a really valuable addition<br />
to our Board, supporting the<br />
team to lead sport and physical activity<br />
development and investment in the city<br />
– exciting times lie ahead of us.”<br />
Merran Sewell , senior<br />
associate at Gateley Plc.
The Bulletin 19
Learning and Development<br />
Birmingham Law Society<br />
Learning &<br />
Development<br />
CON29DW – WHY BUY AND WHAT ARE<br />
THE RISKS?<br />
Date: Thursday , 28 <strong>January</strong> <strong>2016</strong><br />
Time: 12.00 registration and light lunch,<br />
12:30 – 14.30 seminar<br />
Venue: Gateley<br />
CPD: 2 Hours CPD<br />
Fees: Free<br />
Speaker: Owen Davies<br />
Who should attend?<br />
This seminar will be effective for those working<br />
in residential conveyancing.<br />
This seminar will cover the following:<br />
• To consider the scope and implications of<br />
the CON29DW<br />
• To look at the purpose of the 23 questions<br />
and answers<br />
• To develop an understanding of any risks<br />
which may arise as a result of information<br />
provided<br />
• To consider recent and future legislation<br />
and its effects on homeowners<br />
responsibilities.<br />
• To provide an update on the future<br />
transfer of private sewers and pumping<br />
stations<br />
Owen Davies,<br />
Business Development Manager.<br />
Owen has worked for Severn Trent Searches for over<br />
12 years and has extensive experience and insight<br />
into all our search reports meaning he is ideally<br />
placed to highlight real issues raised in search results<br />
and any issues of liability that customers and their<br />
client’s may need to know. Owen works closely with<br />
many of the Local Authorities within the Severn Trent<br />
region and has particular interest in the current political<br />
environment and its implications for conveyancing.<br />
Owen has been presenting at seminars for<br />
Severn Trent Searches for over 5 years.<br />
Birmingham Law Society invite you to an exclusive networking<br />
event taking place on Wednesday 27th <strong>January</strong><br />
<strong>2016</strong> from 18.15pm at Birmingham City University.<br />
This is an amazing opportunity to hear from legal professionals<br />
within the region and gain valuable information in a dynamic,<br />
informal setting. Numbers are extremely limited and<br />
places will be allocated on a first come, first served basis.<br />
At this event you will be able to find out:<br />
· What a typical day is like<br />
· Challenges and developments within legal practice<br />
· Hints and tips on how to be successful in the<br />
recruitment process<br />
So whether you are trying to decide between a career at the<br />
Bar or Civil or Criminal practice our legal professionals will<br />
endeavour to answer all your questions! After the event<br />
there will also be chance for informal networking with the<br />
practitioners involved.<br />
This event is open to all student members of the Birmingham<br />
Law Society. To book your place, please register as soon<br />
as possible on our website<br />
www.<strong>birmingham</strong>lawsociety.co.uk<br />
This event is free to student members. If you have friends<br />
who would like to attend but are not student members, they<br />
are welcome to sign up as members before the event and<br />
then register for the event.<br />
Please email students@<strong>birmingham</strong>lawsociety.co.uk for a<br />
membership application form or apply online on our website<br />
www.<strong>birmingham</strong>lawsociety.co.uk<br />
Event details<br />
Time: Please arrive promptly as the event will begin at<br />
18:15pm.<br />
Location: Birmingham City University, Faculty of Business,<br />
Law and Social Sciences, Curzon Building, Cardigan Street,<br />
Birmingham, B4 7BD<br />
On arrival: You will be met by a representative of Birmingham<br />
City University who will direct you to where the event is<br />
being held.<br />
Refreshments: Will be available after the event during the<br />
informal networking.<br />
We look forward to seeing you there!<br />
20 The Bulletin
Law News<br />
Davies and Partners win their<br />
second case in Europe<br />
Davies and Partners Solicitors in Birmingham<br />
has been successful before the<br />
European Union Court of Justice (ECJ),<br />
with a case which will have far reaching<br />
effects for employers and employment<br />
agencies across the UK and throughout<br />
Europe.<br />
It is rare for a solicitor to appear as an<br />
advocate in front of the ECJ, but this is the<br />
second time Davies and Partners’ employment<br />
specialists at Davies and Partners<br />
have appeared at the highest court in<br />
Europe. In this week’s test case on<br />
holiday entitlement Solicitor Ian Pettifer<br />
(right) appeared at the court in<br />
Luxembourg to argue the case for his<br />
client The Care Bureau. In 2012, Managing<br />
Partner Nigel Tillott, who heads Davies<br />
and Partners’ Employment Department,<br />
also appeared in the ECJ in Luxembourg.<br />
This case will have wide effects for any<br />
employer or employment agency which<br />
has either part-time staff or staff on variable<br />
hours. It established some important<br />
principles for how the holiday entitlement<br />
should be calculated when working hours<br />
change.<br />
The case concerned the calculation of<br />
holiday pay for a part-time worker,<br />
Kathleen Greenfield. Her employer, The<br />
Care Bureau, calculates holiday entitlement<br />
for all staff in weeks, following the<br />
rules laid out in the Working Time<br />
Regulations 1998 very closely. All<br />
employees are given 5.6 weeks of annual<br />
leave. Kathleen Greenfield had been<br />
working one day a week for some years,<br />
and in the first few months of the holiday<br />
year in 2012, she took seven days of leave,<br />
which was equal to seven weeks of<br />
holiday under the contract (a little more<br />
than her annual entitlement).<br />
Soon after taking her holidays, she asked<br />
to increase her hours of work, and this was<br />
agreed. She left before the end of the<br />
year, for unconnected reasons, and then<br />
asked for pay in lieu of additional holiday,<br />
claiming that she had accrued extra days<br />
of holiday by working increased hours.<br />
The Care Bureau objected that to give her<br />
more holiday meant retrospectively recal-<br />
culating her entitlement, as she had already<br />
taken her full holiday entitlement.<br />
After hearings in the Employment<br />
Tribunal, the ECJ was asked to give<br />
guidance on how to calculate holiday pay<br />
when a worker increases working hours<br />
after already taking the year’s full holiday<br />
entitlement.<br />
“It was important to establish that holiday<br />
does not have to be recalculated retrospectively,<br />
after it has been granted and<br />
taken,” commented Ian Pettifer. “After all, if<br />
the period of holiday has already been<br />
taken by the worker, the employer cannot<br />
claw back days of holiday, unless they<br />
have a time machine! The ECJ also<br />
decided that holiday taken in an earlier<br />
part of a holiday year can be off-set<br />
against later periods. I am delighted that<br />
we won on these important principles.<br />
This will now go to the Employment Tribunal,<br />
who will decide the detail of how it<br />
applies to UK businesses.”<br />
Commenting, Nigel Tillott said, “It is a rare<br />
achievement for a solicitor to argue a case<br />
before the ECJ. For two members of the<br />
Employment Department to appear personally<br />
in Luxembourg arguing cases<br />
before the court is a rare distinction. It<br />
shows that Davies and Partners have a<br />
remarkably strong employment team, and<br />
the ability to take a case all the way to the<br />
highest court in Europe.”<br />
Solicitor Ian Pettifer<br />
appeared at the court<br />
in Luxembourg to<br />
argue the case for his<br />
client The Care Bureau.<br />
The Bulletin 21
Regulation<br />
Regulation Update<br />
A new SRA Handbook for 2017?<br />
Just when you thought you were familiar with the 2011 Handbook, the SRA<br />
has published a position paper setting out plans for further change to the<br />
Handbook on what looks like an epic scale. The only good news is that most<br />
of it seems to be de-regulatory. The SRA is promising simplification not complication<br />
in an attempt to reduce the compliance burden. It is also promising<br />
on-line resources such as case studies and toolkits in its attempt to support<br />
firms.<br />
Why further change?<br />
It seems that the Legal Services Board and the SRA are of the view that the Handbook<br />
in its current form is preventing innovative business development. This<br />
means it is preventing the SRA from meeting the Legal Services Act’s regulatory<br />
objectives of, in particular, improving access to justice, promoting the interests of<br />
consumers and promoting competition. The SRA has singled out as an example<br />
the small businesses market as one which is not having its needs met because<br />
legal costs are too high.<br />
What changes are anticipated?<br />
The position paper does not go into much detail but does say that there will be a<br />
complete review of the Handbook. One of the proposed changes that has been<br />
identified concerns Rule 4 of the Practice Framework Rules. This deals with inhouse<br />
solicitors and who they can provide their services to. With some exceptions,<br />
it restricts them to doing work for their employer and prevents them from providing<br />
legal services to the employer’s own customers.<br />
You might wonder why this is of interest to private practice. However, since the<br />
separate business rule was relaxed in November 2015 and firms can now provide<br />
all their non-reserved legal services through an unregulated separate business, the<br />
SRA has realised that rule 4 prevents solicitors being employed by these businesses.<br />
The consequence of this is that those best qualified to provide legal services<br />
to the public through a separate business are excluded from doing so.<br />
To deal with this anomaly, the SRA is proposing that solicitors should be able to be<br />
employed by unregulated businesses to provide legal services to the public. The<br />
employing entity will not be regulated but the solicitors providing the services will<br />
be regulated as individuals. This carries through the assumption arising from the<br />
LSA, that the only legal services which need to be provided through a regulated<br />
entity should be those that are reserved. Just how this will work in practice will no<br />
doubt be explained in the consultation papers that we are told to expect in <strong>2016</strong>.<br />
For example, will a solicitor in a separate business be responsible for supervising<br />
those working in his or her team? Or will he or she be expected to be responsible,<br />
and to what extent, for legal services that they are not directly supervising which<br />
are provided by the business?<br />
Other changes that are proposed include reviewing the SRA Principles, stripping<br />
the indicative behaviours from the Code and removing some of the detail in the<br />
outcomes, and making the Accounts Rules more Principles based. Targeted guidance<br />
and toolkits are planned to cover the more difficult areas of interpretation in<br />
the Code and to replace the indicative behaviours.<br />
Protecting the public?<br />
If, under these proposals, individual solicitors are permitted to deliver non-reserved<br />
services to the public through unauthorised organisations, there is scope<br />
for even more confusion on the part of the public as to who is regulated, by whom<br />
and for what. The SRA is hoping to provide certain protections for clients such as<br />
Jayne Willetts<br />
Solicitor Advocate<br />
Jayne Willetts & Co<br />
Specialists in<br />
professional regulation<br />
access to the Legal Ombudsman; restrictions<br />
on holding client money; imposing<br />
personal responsibility in relation to<br />
professional indemnity insurance and<br />
limited access to the SRA Compensation<br />
Fund. It will be the responsibility of individual<br />
solicitors to ensure that these<br />
protections are in place. How the SRA<br />
can expect a junior employee in a large<br />
commercial organisation to introduce<br />
such protections and then ensure their<br />
continued operation remains to be seen.<br />
When will all this change happen?<br />
The SRA intends to set out its proposals<br />
this Spring. Look forward to a consultation<br />
covering the Principles, the Code,<br />
the Accounts Rules and the Practice<br />
Framework Rules. Following the consultation,<br />
draft rules will be published in<br />
the autumn and the plan is that they will<br />
be effective in the spring of 2017. Quite<br />
a tight timetable!<br />
Jayne Willetts is also a director of Infolegal –<br />
a law firm compliance and risk<br />
management consultancy –<br />
www.infolegal.co.uk<br />
22 The Bulletin
Pro Bono Noticeboard<br />
An Invitation to our Public Legal<br />
Education Roundtable<br />
12.30-2pm, 26th February <strong>2016</strong><br />
Are you looking for a new CSR activity for your firm? Would<br />
you like to get involved in raising people’s awareness and<br />
understanding of the law? Does your firm already do this? If<br />
any of these apply to you then we would love to hear from<br />
you at our upcoming event on public legal education (PLE).<br />
PLE gives lawyers the chance to use their knowledge and expertise<br />
about the law to help inform and educate the public<br />
about their rights and responsibilities. PLE sessions can be<br />
delivered in schools, charities and other community groups<br />
and organisations. PLE can form a valuable and rewarding<br />
part of your firm’s CSR strategy, or you can chose to get involved<br />
on an individual basis.<br />
At this event, organised by Birmingham Law Society’s Pro<br />
Bono Committee, in conjunction with The Law Society and<br />
education charity, the Citizenship Foundation, we want to<br />
find out more about PLE activities already taking place in<br />
Birmingham, so please do come along and tell us what<br />
you’re doing. For those who have not yet engaged in PLE<br />
but would like to know more, it will be an opportunity to<br />
find out what is involved in PLE and how you can get started.<br />
The Citizenship Foundation, the UK’s leader in the field of<br />
PLE for young people, is working with The Law Society to expand<br />
PLE in schools across England and Wales. It is launching<br />
a PLE programme in Birmingham to support lawyers<br />
interested in supporting the delivery of PLE in schools and<br />
would like to hear your views and opinions about how best<br />
to do this.<br />
We would encourage attendance from law firms and chambers,<br />
representatives from the third sector and universities so<br />
that we can ensure the discussion is firmly grounded in the<br />
needs of our local community.<br />
We look forward to seeing you there.<br />
Time: 12.30-2pm<br />
Date: Friday 26 February <strong>2016</strong><br />
Venue: Irwin Mitchell, 31 Temple Street, Birmingham<br />
For further information about the session and to confirm<br />
your attendance, please email Sally Shera-Jones:<br />
sally.shera-jones@lawsociety.org.uk<br />
Birmingham Law Society Pro Bono Committee<br />
Linden Thomas, Chair - University of Birmingham<br />
Louise Foy, Secretary - Shakespeare Martineau LLP<br />
Inez Brown, Vice Chair - Harrison Clark<br />
Julia Jones - Bevan Brittan<br />
Hannah Ayers<br />
Michael Bates - Birmingham Law Centre<br />
Lucy Burrows - BPP University<br />
Laura Charles - Wragge Lawrence Graham<br />
Laura Ralfe - Irwin Mitchell<br />
Laura Oseland - Irwin Mitchell<br />
Sophie Brambley - Thomson Reuters<br />
Pro Bono Community – Addressing<br />
the Deficit in Free Legal Advice<br />
In a financial climate which has seen Law Centres and advice<br />
agencies closing down and hundreds of thousands<br />
fewer people receiving legal advice and assistance, Pro<br />
Bono Community is a registered charity which has been<br />
set up to increase the amount and quality of advice from<br />
well-trained and highly-motivated volunteers, one of the<br />
few practical ways of addressing the legal advice deficit<br />
created by the removal of government funding.<br />
PBC ran a successful pilot training programme between September<br />
2013 and April 2014 and the charity gained its first<br />
paying customers in autumn 2014. Since then, PBC has<br />
trained cohorts from law firms including Simmons & Simmons,<br />
Shearman & Sterling, Freshfields Bruckhaus Deringer,<br />
Herbert Smith Freehills, Olswang, Ashurst and Linklaters as<br />
well as students from City Law School and London South<br />
Bank University.<br />
PBC has developed modular training courses in a variety of<br />
areas of law including welfare benefits, housing, employment,<br />
debt and consumer with family and immigration<br />
courses under development. Driven by our structure as a social<br />
enterprise, we are able to tailor our training to the bespoke<br />
needs of clients with a range of options in terms of<br />
content, format, duration, scheduling and venue.<br />
The Pro Bono Community Training Certificate course covers<br />
both interpersonal and practical skills as well as specific<br />
areas of law and, where required to do so, Pro Bono Community<br />
can also provide clients with a co-ordinated volunteer<br />
recruitment scheme, placing volunteers with local Law Centres<br />
and advice agencies.<br />
For more information, please see<br />
www.probonocommunity.org.uk or contact<br />
PBC’s director Bill Skirrow on 020 7092 3957 or via<br />
bill@probonocommunity.org.uk.<br />
Mark Taylor- Eversheds<br />
Imogen Francis- Shakespeare Martineau LLP<br />
Abigail Halcarz - Shakespeare Martineau LLP<br />
Katherine King - Coventry Law Centre<br />
Iqbal Mohammed - St Philips Chambers<br />
Kelly Schofield - Wright Hassall<br />
James Dixon - No 5 Chambers<br />
Natalie Marsden - Higgs and Sons<br />
Sam Burns - University of Law<br />
Lorna Gavin - Wragge Lawrence Graham<br />
Michael Young - Shakespeare Martineau LLP<br />
Nicola Ellen - Shoosmiths<br />
Syma Rushd<br />
Committee News<br />
If you would like to know more about pro bono in Birmingham you can contact the committee at:<br />
probono@<strong>birmingham</strong>lawsociety.co.uk<br />
The Bulletin 23
Social Media<br />
5 Top Tips<br />
for Social<br />
Media<br />
By Jason Westall, Head of Marketing & Communications, MMA Digital<br />
There’s nothing quite like social media. As well as costing us<br />
nothing, it allows us to share our thoughts, activities and dailylives<br />
on a gigantic-scale, with relative ease.<br />
For businesses however, they first have to learn how to utilise<br />
the correct tools in order to harness social media’s real potential.<br />
Get it right and you will receive more engagement, more enquiries<br />
and improved brand identity. Get it wrong and the repercussions<br />
are not worth thinking about. To get you started, we<br />
have compiled some of mmadigital’s top tips for competing with<br />
your digital adversaries.<br />
Join Facebook…Now<br />
As of 2015 there are nearly 1.4 billion active users enjoying<br />
Zuckerberg’s brainchild. Unlike Facebook’s early years, the platform<br />
is now made up of users of all ages and not just youngsters.<br />
In fact, around 15% of Facebook’s audience is made up of over<br />
55’s, and 31% are aged 35 to 54. While the platform doesn’t play<br />
host to ‘everyone’, it’s clear to say that if you have a demographic<br />
in mind, you will be able to find them. That’s why research suggests<br />
there are 40 million small business pages, as companies try<br />
to take advantage of the 21-minutes (average) we all spend on<br />
Facebook everyday. Consumers today are no longer just using<br />
search engines to find your brand on the net, they are using<br />
multiple platforms and a plethora of devices to discover you. Ensuring<br />
you have a Facebook page is essential in giving your<br />
brand credibility on the web, as well as giving your audience another<br />
path to your front door.<br />
Audit<br />
Be it Facebook, Twitter, or Linkedin, you should ask yourself, ‘are<br />
we really doing enough?’. By using the following checklist, you<br />
will get a better idea of whether your social media channels are<br />
completing some of the bare necessities:<br />
• Do you have an engaging and professional cover photo that<br />
has a size specification tailored to the platform?<br />
• Do you have a tagline or any demonstrated benefits on your<br />
profile picture/cover photo? This should include a clear call-toaction.<br />
• Do you have a short description about your company including<br />
a web address?<br />
• Are you posting at least once a day on every platform?<br />
• Are you asking questions in your posts to drive engagement?<br />
• Are you varying your posts between text, photos, links and<br />
video?<br />
•Are you sharing tips in your niche?<br />
These are just a handful of questions you should be asking if you<br />
want to contend with your competitors on some of the biggest<br />
digital arenas.<br />
Get Visual<br />
Whether it’s articles, blogs, or adverts, images have become a<br />
common accompaniment to almost everything we share in<br />
2015. With Twitter images amassing 89% more ‘favourites’ and<br />
150% more ‘retweets’, businesses have realised that harnessing<br />
the visual capabilities of social media is crucial in attracting maximum<br />
engagement.<br />
But using images in your blog posts isn’t enough. You need to<br />
make sure your images are clean, crisp and precise. As HD moves<br />
to 4K, and our screens become even clearer, the expectation of<br />
users will also grow. Having slightly blurry or pixelated images<br />
(and yes users will spot these) will ensure that your post is<br />
skimmed past immediately. We recently did some research into<br />
the Twitter accounts of the Top 50 UK law firms and found that<br />
14 of these have a blurry or pixelated profile picture. Staggeringly<br />
18 of the top 50 also don’t have anything in their banner<br />
space or use a preset block of colour. To increase enquiries and<br />
strengthen brand identity, businesses should be utilising this<br />
space with call-to-actions, links and useful information.<br />
A good technique is to recycle your old content with different<br />
images to see which performs most effectively, this split testing<br />
approach will ensure your posts are steadily optimised.<br />
Expand Your Network<br />
In theory it’s simple, you offer your audience valuable content<br />
and enquiries start coming through thick and fast. The reality is<br />
this doesn’t work without having a few other weapons in your<br />
arsenal. Social media accounts that drive leads are the ones that<br />
juxtapose valuable content with the expansion of their network.<br />
The amount of people who see your posts, or more commonly<br />
24 The Bulletin
In a Nutshell<br />
known as ‘reach’, can be extended with the aid of a few best<br />
practices. Here is just a handful:<br />
• The ubiquitous hashtag is used by many and for very good reason.<br />
Consistently landing on good hashtags that are used by<br />
highly engaged groups allows businesses to share content<br />
amongst relevant communities that are likely to help you grow<br />
your online presence. However, over use of the hashtag can look<br />
amateurish and spam-like, which can often result in poorly performing<br />
posts. So make sure to avoid crowbarring random hashtags<br />
into your tweet; #legal, #law and the like will just result in<br />
#poorreach.<br />
• Convert one of your blog posts into an infographic. As we explained<br />
above, if you are able to use visual references over written<br />
speech, your audience are more likely to engage.<br />
• For only a few pounds you can run paid advertising campaigns<br />
that will help to boost your content to extended audiences, and<br />
should help you to develop your following.<br />
• Guest posts are a great way to expand your reach. It allows you<br />
to share content with readers that you weren’t able to reach previously,<br />
thus exposing your brand to unfamiliar communities.<br />
Linkedin Company Page<br />
With over 400 million members worldwide, Linkedin can be used<br />
as a powerful marketing tool for businesses, especially those<br />
who are B2B driven. Like Twitter and Facebook, merely having a<br />
presence is no longer acceptable if you wish to capitalise on<br />
leads, you need to tailor your company page for engagement.<br />
Add relevant keywords<br />
When a Linkedin company profile is created, you have the option<br />
to add keywords on the page. Because every profile is searchable<br />
via the box at the top of the screen, these keywords can<br />
help to increase your traffic.<br />
Ask Questions<br />
The headline space on Linkedin is far more liberal than Twitter’s<br />
meek 140 characters. Make the most of this space by asking your<br />
audience questions to drive engagement and traffic. Don’t just<br />
limit questioning to your post, wait for responses and drive conversations<br />
with your audience.<br />
Join Linkedin Groups<br />
Linkedin groups are a great way of extending your network and<br />
finding like-minded companies\individuals.<br />
By participating in industry-relevant groups you increase your<br />
visibility on the platform, as well as gaining the ability to add real<br />
value for prospects and your network.<br />
If you’re looking to build a social media strategy,<br />
you can get in touch with mmadigital by calling<br />
0161 452 0311 or email: info@mmadigital.co.uk<br />
In a Nutshell<br />
Each month the Bulletin will be bringing<br />
readers simple guides to various business.<br />
government and european organisations...<br />
Greater Birmingham and Solihull Local<br />
Enterprise Partnership (GBSLEP)<br />
GBSLEP is a partnership of business, local authorities and<br />
universities which supports private sector growth and job<br />
creation.<br />
The GBSLEP Board is comprised from the private sector,<br />
local authorities and universities and colleges. There are a<br />
total of 18 Directors, ten from the business community,<br />
seven from local authorities and one representing<br />
higher/further education.<br />
The Birmingham City Centre Enterprise Zone is one of<br />
the major projects for the GBSLEP, with the potential to<br />
create 40,000 new jobs, add £2 billion a year to the economy<br />
and make available 1.3 million sq metres of floorspace over<br />
the lifetime of the project.<br />
The Board of GBSLEP are working closely with<br />
Government and other stakeholders to ensure all parts of<br />
Greater Birmingham benefit from HS2, with improved<br />
transport links across the metropolitan area.<br />
GBSLEP work with the Better Regulation Delivery<br />
Officer (BRDO), the GBLSEP to developing practical ways to<br />
improve the trading environment through regulatory<br />
support.<br />
GBSLEP also work with the Sector Skills Council in promoting<br />
Apprenticeships and Traineeships.<br />
GBSLEP works with UKTI to encourage inward investment<br />
from overseas.<br />
Greater Birmingham and Solihull LEP can be reached at:<br />
Email: gbslep@<strong>birmingham</strong>.gov.uk<br />
Telephone: 0121 303 4369 Address:<br />
Greater Birmingham & Solihull LEP Executive, Ground<br />
Floor, Baskerville House, Centenary Square, Broad<br />
Street, Birmingham, B1 2ND<br />
The Bulletin 25
Competition<br />
Competition<br />
Enter the LAND OF THE DIVINE<br />
There was a time when the world was full of<br />
beauty and wonder. When heroes split mountains<br />
and swam with dragons. When divine beings<br />
walked the earth and emperors ruled under<br />
the will of heaven. When people lived in harmony<br />
with the universe and believed in a connection<br />
between all things.<br />
What if you could, just for a moment, visit this<br />
timeless place?<br />
Shen Yun brings this lost world to life with unrivalled<br />
mastery. Every movement, every musical<br />
note, makes this a stunning visual and emotional<br />
experience you won’t find anywhere else.<br />
Begin your journey at Shenyun.com<br />
Answer these 3 questions for the chance to win a pair<br />
of £50 tickets for the Shen Yun performance at<br />
7.30pm on Saturday 5 March at the ICC Birmingham.<br />
1. Shen Yun Performing Arts dance and music<br />
company is based in:<br />
A/ Hong Kong, B/ Shanghai, C/ Beijing, D/ New<br />
York<br />
2. How many years of Chinese civilisation does<br />
Shen Yun portray in one evening?<br />
A/ 15, B/ 100, C/ 5,000, D/ millions<br />
3. How many people have already seen the Shen<br />
Yun performances?<br />
A/ 100 thousand, B/ millions, C/ half a million<br />
Send your answers with your full name and address<br />
by 8th February <strong>2016</strong> to:<br />
Shen Yun Reader’s Competition<br />
editorial@<strong>birmingham</strong>lawsociety.co.uk<br />
Experience a Divine Culture<br />
“5,000 years of Chinese music and<br />
dance in one night.”<br />
- The New York Times<br />
All-new show with live orchestra<br />
5-6 MARCH <strong>2016</strong><br />
ICC BIRMINGHAM<br />
ShenYun.com/uk<br />
0208 133 7986 | 0121 780 3333<br />
26 The Bulletin
Sporting and Charity News<br />
Lawyer kicks for Gold<br />
Legal Professionals back<br />
on the dance floor<br />
A paralegal working in the<br />
insurance disputes team at the<br />
Birmingham office of national<br />
law firm Mills & Reeve has won a<br />
gold medal at the Tae Kwon Do<br />
Association of Great Britain<br />
(TAGB) British Championships.<br />
Stacey Cockbill, 32, competed at the event at<br />
Derby Arena last weekend. She took part in<br />
the sparring event - which typifies the sport’s<br />
semi-contact high energy fighting style - taking<br />
gold in the ladies’ lightweight blue division.<br />
She is now British champion in this class,<br />
a title she will hold for one year.<br />
Stacey, who represented the Oldbury and<br />
West Bromwich clubs, part of West Midlands<br />
Tae Kwon Do, competed alongside more than<br />
1,200 athletes. She is coached by Claire<br />
Southall, a 3rd degree black belt who runs the<br />
Oldbury and West Bromwich clubs.<br />
A Korean martial art characterised by headheight<br />
kicks, jumping and spinning kicks, Tae<br />
Kwon Do has been an Olympic sport since<br />
2000. Welsh athlete Jade Jones won Britain’s<br />
first Tae Kwon Do gold at London 2012.<br />
In addition to the British title, Stacey won<br />
gold in Cardiff at the Welsh Championships<br />
earlier this year, following winning student of<br />
the year in 2014 for her club. She is aiming to<br />
compete at the <strong>2016</strong> Tae Kwon Do TI World<br />
Championships, which will be held on home<br />
soil in Birmingham next July.<br />
She said: “Winning gold in the British<br />
championships has involved a lot of hard<br />
work and dedication. I love to compete and I<br />
am so glad it has paid off!”<br />
As the BBC’s Strictly Come<br />
Dancing heads for its finale,<br />
members of the Midlands’ legal<br />
profession have again signed<br />
up for their own sparkling competition.<br />
For the second year running, No5<br />
Chambers is to host Strictly 9 to 5<br />
which will see representatives of<br />
the Judiciary, the Bar, solicitors,<br />
clerks and other legal professionals<br />
compete to lift the glitter ball<br />
trophy.<br />
And once again, Strictly Come<br />
Dancing favourite Anton Du Beke<br />
will be compere for the charity<br />
event, which is being held at Birmingham<br />
Town Hall on Friday, June<br />
10 <strong>2016</strong>.<br />
Tickets have now gone on sale for<br />
the evening of dance and entertainment,<br />
and organisers are hoping<br />
to at least match the £23,000<br />
raised this year for The Child Brain<br />
Injury Trust.<br />
Tony McDaid, Practice Director at<br />
No5 Chambers, said: “I was privileged<br />
to be able to hand over a<br />
cheque to CBIT for £23,208 following<br />
this year’s hugely successful<br />
Strictly 9 to 5, and we really hope<br />
that we can at least equal that figure<br />
next year.<br />
“Eleven business colleagues representing<br />
some of Birmingham’s top<br />
legal firms have put themselves<br />
forward for the <strong>2016</strong> competition,<br />
all hoping to follow in the footsteps<br />
of the 2015 winner Charlotte<br />
Doyle from The Wilkes Partnership.<br />
“We want it to be a big success,<br />
tapping into the pulling power of<br />
the ‘Strictly’ factor. The added<br />
bonus for us as a Chambers is that<br />
the evening should help us raise<br />
even more money for the Child<br />
Brain Injury Trust.”<br />
The dance volunteers will meet in<br />
<strong>January</strong> for eight weeks of group<br />
Tony McDaid, Practice<br />
Director of No5 Chambers,<br />
hands over a cheque for<br />
£23,208 to Lisa Turan, CEO of<br />
the Child Brain Injury Trust,<br />
raised at this year’s Strictly 9<br />
to 5 event.<br />
dance sessions before partnering<br />
with a dance professional for 14<br />
weeks of one to one training. They<br />
will then showcase their performance<br />
on the night before a panel<br />
of judges in a bid to win the coveted<br />
trophy.<br />
The Child Brain Injury Trust was<br />
established by a group of health<br />
professionals in 1991 to research<br />
and provide information regarding<br />
the effects of ‘traumatic’ injury<br />
on a child’s developing brain. It is<br />
the leading voluntary sector organisation<br />
providing non-medical<br />
services to families affected by<br />
childhood acquired brain injury<br />
across the UK. It receives no Government<br />
or NHS funding. The<br />
Trust has a national network of<br />
child and family support co-ordinators.<br />
Tickets for the <strong>2016</strong> event will include<br />
a drinks reception and<br />
canapes, an auction and a raffle<br />
for which donations from the<br />
business community are still<br />
being accepted. Prizes last year included<br />
holidays and sporting<br />
memorabilia.<br />
For more information, contact the<br />
marketing team at No5 Chambers<br />
on 0845 210 5555 or email marketing@no5.com<br />
The Bulletin 27
Feature<br />
Paperback Writer<br />
Birmingham Solicitor David Cooper has just published his third legal<br />
suspense novel “Craven Conflict”. David talks to Julia Baskerville about<br />
his career, writing and inspiration...<br />
David Cooper of Birmingham solicitors Cox Cooper has recently<br />
published his third novel “Craven Conflict’. David’s previous<br />
novels “Hatred Ridicule and Contempt” and “Infernal Coalition”<br />
were published in 2011 and 2012.<br />
David qualified as a solicitor in 1987, and specialises in employment<br />
and commercial litigation. His initial idea to write a legal suspense<br />
novel came to him after a change in career direction almost 20 years<br />
ago. There were two key inspirations from this early part of his career.<br />
One was a libel case in which he had been involved, and the other was<br />
the prevalence of office politics in a large law firm. Using these kernels<br />
of ideas he set to writing his first book, but found that there were too<br />
many obstacles for the first time writer. “I couldn’t get a publishing<br />
contract because I didn’t have a literary agent, and couldn’t get a<br />
literary agent because I didn’t have publishing experience - essentially<br />
a ‘vicious circle’“.<br />
This led David to shelve the project until many years later with the<br />
advent of the E-publishing boom. “My wife took to reading on a<br />
Kindle and this gave me the idea and incentive to self -publish. I found<br />
a cover designer and it was a relatively simple process to deal with the<br />
editing and formatting of “Hatred, Ridicule and Contempt” myself.”<br />
Eight months later he followed it up with “Infernal Coalition”, which<br />
tied in a plot to defraud a law firm with a political theme involving an<br />
acrimonious struggle for Parliamentary candidate selection.<br />
Using his background as an employment lawyer, David then set to the<br />
task of writing his third novel, “Craven Conflict”. In parallel with the<br />
main plot, a court battle involving a recruitment consultant who faces<br />
the destruction of her business if she drops her claim and the cruel<br />
exposure of her private life if she takes it all the way to trial, he<br />
examines the dilemma facing a character who has to weigh up the<br />
pros and cons of informing his oblivious employers that he has<br />
Asperger’s Syndrome. It took David 9 months to develop the plot, a<br />
further twelve months to write and finally six months to refine, format<br />
and edit. He says “The characters do draw upon a certain degree of<br />
inspiration from a number of clients and colleagues and are not<br />
based on any one person in particular. Some are purely the product of<br />
my imagination. I have to say, though, that the villains are so much<br />
easier to create than the good guys”.<br />
David accepts that achieving ‘bestseller’ status would only be wishful<br />
thinking, and writes more for pleasure and a sense of achievement,<br />
but adds ‘it is quite satisfying to see the statistics of how many books<br />
have been purchased”. David has no plans for a follow up at the<br />
moment, but is always on the lookout for ideas. He adds “When the<br />
inspiration finally comes, I will aim to sit down with a clear plan from<br />
the start.”<br />
“Craven Conflict” is available for download from Kindle Direct for<br />
£1.99.<br />
Reviews<br />
"Absolutely brilliant writing! Move over John<br />
Grisham and Michael Connolly - this book [Hatred,<br />
Ridicule & Contempt] is beautifully written, very<br />
well plotted and has a great twist. Well done."<br />
Marion Eaton, Writer of Mystery Thrillers with<br />
a Supernatural Twist.<br />
"I found myself surprised by how much I enjoyed<br />
Hatred, Ridicule & Contempt ... it is a novel which<br />
should have a wide appeal, particularly for those<br />
who enjoy legal thrillers and would like to try<br />
something different to the usual<br />
American fare."<br />
Curious Book Fans<br />
David Cooper’s books are available on<br />
Amazon or visit<br />
http://davidcooperbooks.blogspot.co.uk/<br />
28 The Bulletin
I have always believed that it is important to<br />
preserve the history of our Birmingham firms<br />
and fortunately some firms have written up<br />
their histories over the years. How important<br />
this is that the Birmingham roots are preserved<br />
and not overlooked, particularly now that many<br />
firms are becoming international.<br />
I am particularly glad that a partner at Ryland Martineau<br />
kept a note of the articled clerks who were with the firm in<br />
the First World War and noted down who had been killed in<br />
action.<br />
That partner might have been Hugh Carslake's father, and<br />
certainly thanks should go to Hugh, who unearthed for me a<br />
scrap of paper listing my great uncle, Leslie Harold Bowen, as<br />
one of four articled clerks, who later joined up and was killed<br />
during the war.<br />
This year on the 22 December 2015 it is the one hundredth<br />
anniversary of his death and I have<br />
had the privilege of writing up the<br />
history of Leslie's life and visiting his<br />
grave at Cabaret Rouge near Arras.<br />
Leslie was born into a Birmingham<br />
family, and his father's firm John<br />
Bowen & Sons, was well known at<br />
the time for building our Victoria<br />
Law Courts.<br />
History Matters<br />
A Birmingham Lawyer with<br />
eight memorials to his name<br />
Perhaps no brave death is ever<br />
properly written up in a manner<br />
worthy of the sacrifice, but I am<br />
pleased and find it remarkable, that<br />
apart from Hugh Carslake's 'scrap of<br />
paper', and the head stone of Leslie's<br />
grave, that there are some eight memorials<br />
which include Leslie's name.<br />
These are at King Edward's School<br />
Birmingham, Queen's College<br />
Taunton, St John's College Cambridge,<br />
St Anne's Church Moseley, The reading room of the<br />
Law Society at Chancery Lane, Birmingham's Hall of Memory,<br />
The Roll of Honour of the Lincolnshire Regiment at Lincoln<br />
Cathedral and at the ring of remembrance at Notre Dame de<br />
Lorette.<br />
You could make it nine if you include the scrap of paper.<br />
“ Perhaps no brave death is<br />
ever properly written up in<br />
a manner worthy of the<br />
sacrifice, but I am pleased<br />
and find it remarkable, that<br />
apart from Hugh Carslake's<br />
'scrap of paper', and the<br />
head stone of Leslie's<br />
grave, that there are some<br />
eight memorials which<br />
include Leslie's name.”<br />
Leslie Harold Bowen's life can read on line at<br />
www.johnbowen.org<br />
Anthony Collins<br />
The Bulletin 29
Business Matters<br />
Greater Birmingham Business Briefing<br />
RSM survey reveals West-Midlands named one of UK’s<br />
hottest regions for investment in <strong>2016</strong><br />
The West-Midlands has been named the third highest region<br />
for overseas investment into the UK property market according<br />
to a survey carried out by RSM.<br />
The survey, which was carried out amongst decision makers<br />
in the real-estate sector, revealed that nearly a third (33 per<br />
cent) believed that over half of the investment into UK commercial<br />
property will come from overseas investors over the<br />
next twelve months.<br />
Unsurprisingly, the large majority of respondents said that<br />
most overseas investment would be in the London property<br />
sector, however two-thirds said they believed that if priced<br />
out of the capital, investors were more likely to look to the<br />
regions for investment.<br />
Major clearance work has started to demolish John<br />
Madin's Central Library in Birmingham which was closed<br />
over two years ago.<br />
The £500 million Paradise regeneration project will eventually<br />
comprise eight new grade A office buildings, a hotel and<br />
public realm on the area currently occupied by Central Library,<br />
Adrian Boult Hall and the Copthorne Hotel. It is due for<br />
completion in 2026.<br />
The first two buildings to be completed during 2018 will be<br />
called One and Two Chamberlain Square and will total more<br />
than 350,000 sq ft of office space.<br />
Birmingham attracted the highest ever number of visitors<br />
in 2015, with numbers reaching 38.1 million and<br />
tourism revenue hitting an all-time high of £6.2 billion.<br />
The figures were boosted by Birmingham’s landmark ‘Super<br />
September’, which saw visitor numbers peak at four million<br />
throughout the month – and helped to attract half a million<br />
more visitors to the city compared to the same period last<br />
year.The city’s most significant month in a decade saw the<br />
completion of the £600 million redevelopment of New Street<br />
Station and the opening of the Grand Central shopping destination;<br />
along with two fixtures of the Rugby World Cup<br />
2015 at Villa Park.<br />
HS2 Ltd has published a shortlist of firms in the running<br />
to win a share of £900m of preparatory work ahead of<br />
the start of major civil engineering on the first stage of<br />
the project, between London and the West Midlands.<br />
The enabling works contracts cover a range of activities including<br />
utility diversions, ecology surveys, archaeology, establishing<br />
site compounds, site clearance, demolition,<br />
ground remediation, watercourse activities, highways realignments,<br />
monitoring and instrumentation, structural reinforcements<br />
and drainage.<br />
The work is split into three packages covering northern, central<br />
and southern sections of the route, with work expected<br />
to start in 2017.<br />
Business leaders in Birmingham have criticised the<br />
Government following its decision to delay the<br />
development of a new runway at Heathrow Airport.<br />
The Greater Birmingham Chambers of Commerce said the<br />
delay gave the Government the opportunity to reconsider<br />
the role that Birmingham Airport and HS2 could play in<br />
shaping future aviation strategy.<br />
Paul Faulkner, chief executive of the GBCC, said: “This really is<br />
developing into a farcical mess but it does give the Government<br />
the opportunity to take another serious look at Birmingham<br />
Airport and HS2.<br />
He said that Birmingham Airport already had extra capacity<br />
and the government was already investing in HS2 at least<br />
warranted further examination. He added “We now call on<br />
the Government to go back to the drawing board and take a<br />
long, hard look at expanding Birmingham Airport.”<br />
30 The Bulletin
At Clayton Legal your talent matters...<br />
At Clayton Legal your talent matters...<br />
...so we go further to connect your legal talent to opportunities nationwide<br />
...so we go further to connect your legal talent to opportunities nationwide<br />
Private Client Solicitor Birmingham<br />
A long established Birmingham firm are looking to<br />
appoint an experienced private client solicitor to handle<br />
a caseload of wills, trusts and probate matters. They<br />
are looking for a minimum of five years PQE.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Costs Draftsman<br />
Birmingham<br />
Well respected firm is seeking an experienced and<br />
versatile Costs Draftsman with experience handling<br />
multi-track Litigation Costs matters. Competitive salary<br />
offered in return.<br />
Contact Natasha Darr nd@clayton-legal.co.uk<br />
Conveyancing Lawyer Birmingham<br />
Niche Conveyancing firm based requires experienced<br />
conveyancing lawyer who is able to hit the ground<br />
running with existing caseload. Must have prior<br />
experience handling residential matters.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Litigation Lawyer<br />
Walsall<br />
A highly reputable firm is seeking an experienced<br />
litigation solicitor to handle a mixed caseload of<br />
civil/commercial litigation matters. Open to applications<br />
from solicitors/legal executives or experienced<br />
paralegals.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Head of Family<br />
Birmingham<br />
Specialist family and criminal frim based in central<br />
Birmingham looking for a head of family to oversee a<br />
rapid growth plan for <strong>2016</strong>. Family or Children law<br />
panel membership is essential as well as extensive and<br />
varied family experience.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Where talent matters<br />
Conveyancer<br />
Birmingham<br />
A large legal 500 firm are looking for an experienced<br />
conveyancer who can handle an existing caseload of<br />
residential transactions. Applications are welcome from<br />
solicitors, legal executives or licensed conveyancers.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
P<br />
Commercial<br />
Property Lawyers<br />
West Midlands<br />
A number of firms are seeking to add experienced<br />
commercial property lawyers to their departments<br />
P ranging from NQ up until head of departments.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Immigration<br />
Solicitors/Caseworkers Birmingham<br />
A specialist immigration law firm are looking to<br />
recruit an experienced immigration professional to<br />
handle a wide ranging caseload of immigration<br />
matters. It is essential that applicants have Level 2 LSC<br />
accreditation.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Legal Secretaries<br />
Conveyancing<br />
Birmingham<br />
Multiple Midlands firms are looking for legal secretaries<br />
who have solid property experience. Firms range from<br />
high street firms up to international law firms.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
Family Mediator<br />
Birmingham<br />
Experienced family mediator required to assist in the<br />
rapid growth of mediation department at a highly<br />
regarded law firm based in Central Birmingham. PPC<br />
is highly desirable but not essential.<br />
Contact Ben Smith bs@clayton-legal.co.uk<br />
<br />
For For more more on these on these and and other other vacancies please contact Clayton Legal<br />
telephone: 01772 259121<br />
telephone: 01772 259121<br />
email: enquiries@clayton-legal.co.uk<br />
email: enquiries@clayton-legal.co.uk<br />
visit our website: www.clayton-legal.co.uk<br />
visit our website: www.clayton-legal.co.uk<br />
The Bulletin 31
One database to run your<br />
small law firm.<br />
0843 713 0135 | info@leap.co.uk | www.leap.co.uk