Manchester Messenger March 2016

March 2016
October 09
1
North West Law
Abandonment of Two Tier Contracts
The Government has abandoned its plans for Two Tier Contracts. Louise Straw
of Burton Copeland reports on the latest developments and looks back at the
initial tender process and the legal challenges...
For those amongst you
who have followed the trials
and tribulations of
Criminal Practitioners
over the last twelve
months in relation to Two
Tier Contracts it may
come as no surprise to you
all that the Government
has now abandoned this
particular aspect of the
overhaul of the legal aid
system.
Initially the Government
proposed the removal of
“own client choice” in conjunction
with Dual contracts
to provide representation.
This proposal to remove the
right of a client to ask for his
own solicitor saw the Profession
united and after
very public protests this aspect
was abandoned.
Then came the tender
process by which firms applied
for contracts to be permitted
to provide advice
and assistance to duty solicitor
clients at the police station;
this proposal was
coupled with significant
rate cuts which most believed
made the system untenable.
The effect of the
introduction of such contracts
would have reduced
the supplier base by more
than half.
These proposals unfortunately
had the effect of creating
some division within
the profession. There were
those who saw the prospect
of a smaller pool of suppliers
as a model by which
their businesses could develop
but this would be at a
cost to other suppliers. All
believed however that the
rate cuts were untenable
and that significant savings
had already been made
within the MOJ’s budget
that such deep cuts were no
longer necessary.
Before the actual tender
process got under way
there was a legal challenge
Before the actual tender process got under way
there was a legal challenge as to how the Government
had come to reach the number of contracts
it was proposing to award; this was successful in
the sense that the Government reconsidered but
the increase was negligible and in reality made
little difference.
as to how the Government
had come to reach the number
of contracts it was proposing
to award; this was
successful in the sense that
the Government reconsidered
but the increase was
negligible and in reality
made little difference.
Then began the actual
process of preparing and
submitting an application
for those who considered
this to be the way forward.
There were of course a number
of firms who did not
make applications and sadly
made business decisions on
the basis that they would
face a reduction in their
work load and as such
staffing levels were reduced
and in some instances firms
made the decision not to
provide publicly funded
work. For those firms which
did submit applications
they took many hours to
complete at significant
costs to the business in
terms of not just fee earner
hours but many sought assistance
from professional
consultants experienced in
public tender exercises.
Then came the long wait for
a decision and the readers
may recall the “rant” in the
President’s Column in October
following a conversation
with Matthew Coates at
the opening of the Legal
Year in London – well his response
of “a decision will be
announced soon” was far
from the truth and on more
than one occasions practitioners
were left waiting for
a decision.
Even on the day of the announcement it was a
shambles with firms waiting late into the day to
be advised and firms being told they had been
awarded contracts in areas where they had
submitted no bids!
Even on the day of the announcement
it was a shambles
with firms waiting late
into the day to be advised
and firms being told they
had been awarded contracts
in areas where they
had submitted no bids!
Inevitably there were those
seen as winners and those
as losers and as most had
anticipated, further legal
challenges were brought
against the Government.
This again put back the possible
start dates for contracts
and firms were once
again in limbo. Some believe
that faced with the
prospect of huge legal costs
in defending the action the
Government abandoned
the proposals and have
since announced this together
with a reversal in
part of the cuts to rates.
Now further legal action is
being contemplated by
those firms who were successful
in their bids but
some may feel this is throwing
more money after bad!
But it would appear this is
story which is not about to
end just yet.
So where does this leave
everyone; battle worn and
weary! Once again it’s back
to the drawing board to prepare
a business plan. It
seems to be that the powers
Louise Straw
that be, both in the Legal
Aid Agency and the Government,
will continue in their
roles without consequence
– we certainly are not seeing
any resignations or reshuffles.
There are no
winners or losers in all of
this. For most practitioners
we want to provide a quality
service to some of the
most vulnerable clients in
society; for how much
longer we will be able to
achieve this is unclear.
The Monthly Publication of the Manchester Law Society
In association with
Manchester Legal Awards 2016 principal sponsors

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Contents 3
North West Law
March 2016
Manchester Law Society
64 Bridge Street
Manchester M3 3BN
Tel: 0161 831 7337
Fax: 0161 839 2631
www.manchesterlawsociety.org.uk
Editor: Fran Eccles-Bech
News from the President
page 5
In this edition...
NEWS
Blackstone Solicitors kick-start the year
with triple appointments
Mark Harper made silk
‘Digital court’ proposals are good for
businesses- and lawyers
6
8
9
Editorial Committee
Raana Afsarpour, JMW Solicitors LLP
Such Amin, Aequitas Legal
David Anderson, St Johns Buildings
Julia Baskerville, Baskerville Publications Ltd
Fran Eccles-Bech, Manchester Law Society
Adam Entwistle, JMW Solicitors LLP
Mark Fitzgibbon, Hill Dickinson
Jemma Goldstone, JMW Solicitors LLP
Michael Hardacre, Slater & Gordon
Helen Kanczes, Clyde & Co
Steve Kuncewicz, Bermans LLP
Adrian Kwintner, Mills & Reeve
Jeff Lewis, Brabners LLP
Louise Straw, Burton Copeland
Matthew Taylor, Eversheds LLP
Published by
Made in Manchester Awards
Lawyer of the Year
10
Mark Harper
page 8
Manchester Free Legal Help
FEATURES
Talking Heads
Making a Difference
15
12
15
Baskerville Publications Ltd
25 Southworth Way
Thornton Cleveleys
Lancashire FY5 2WW
Advertising enquiries
Julia Baskerville
01253 829431 j.baskerville@jbaskerville.co.uk
www.locallawsocietypublications.co.uk
Regulation Update
page 7
Lawyer of the Year
page 10
REGULARS
Regulation Update
Management Matters
Monthly Competition
Win a 3 course meal for 2 with complimentary
bottle of house wine at Quill
7
16
28
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4 Manchester Law Society News
News from Bridge Street
Greater Manchester Chamber of Commerce (GMCC) would like to offer Manchester
Law Society members access to its exclusive business lounge facilities at Elliot
House, Deansgate.
The lounge offers stunning, comfortable surroundings in the centre of Manchester, with
free hot & cold drinks and wifi access.
The Lounge is ideal for working or relaxing in between meetings, or catching up with
contacts over coffee. In addition, Manchester Law Society members will be able to book
private meeting rooms (from 1 person to 80) and exclusive private boardroom dining
events at a 20% discount.
To access this offer, at a rate of £50+VAT per quarter, please contact Lucy Mulligan, GMCC
at: Lucy.Mulligan@gmchamber.co.uk
Forthcoming Events
Commercial Judicial Review
Monday 7th March 2016
Venue: St Johns Buildings Barristers Chambers,
24a-28 St John Street, Manchester, M3 4DJ
Registration & refreshments – 4.45pm
Seminar 5.00pm-6.00pm
This Seminar will explore the use of Judicial Review in a commercial law context, as
an alternative to the pursuit of private law remedies.
It will address the types of cases which are amenable to Judicial Review; identify
who has standing to bring such claims; and consider the issues which commonly
arise within the commercial context and the range of remedies which are available.
Specifically, David Berkley QC will demonstrate how a good working knowledge of
Judicial Review is essential for practitioners who have business and professional
clients and when they deal with a range of public bodies, including:
The Department for Business, Enterprise and Regulatory Reform
HM Treasury
Local Government
The Financial Conduct Authority
HMRC
Broadcasting Regulators
The Regulators of the Professions
Licensing Authorities
Sports Bodies
Speaker: David Berkley QC is Head of the Commercial and Chancery Group at St
Johns Buildings Chambers, Manchester, Liverpool, Chester and Sheffield.
Cost to attend:
MLS Members £20.00+ VAT (£24.00) Non-members £40.00 + VAT (£48.00)
Cyber Insurance Facility for Members – A First for a
local Law Society ?
Look out for the imminent launch of a Cyber Insurance
solution for all Manchester Law Society members with
beneficial rates and additional discounts for those
firms who are clients of Advantage MLA members on
the technology side, Converge Technology Specialists
and/or XyOne Cyber Security.
Various commentators have highlighted the point that many cyber insurance policies are
being promoted to solicitors without sufficient consideration of their suitability for the
profession.
Our preferred PI Insurance Brokers, MFL Professional, will shortly write to all members
with details of the facility including a cover summary – key points to note are:-
- This Cyber cover will dovetail appropriately with your PI policy with pricing to take account
of those ‘cyber’ liabilities that may be picked up by the PI policy Minimum Terms
and Conditions.
- ‘A’ rated Insurers will take into account the security measures you have implemented
here in order to minimise the ‘cyber’ risk.
- Customers of Manchester Law Society members Converge Technology Specialists (who
provide a fully managed Cloud service tailored for law firms) or XyOne Cyber Security (for
Penetration Testing and Threat Monitoring and Cyber Awareness/Staff Training), may
benefit from further premium discounts
- Maintaining this cover and evidencing the security measures in place will assist when it
comes to renewing your PI insurance.
We do believe that, nationally, this is the first time a Cyber Insurance cover has been
made available to members of any locall law society and accordingly we do hope members
will take advantage to ensure they have the appropriate insurance programme in
place.
For further information please contact any of the below:
MFL Professional
Main Office
Tel 0161 236 2532
Email info@m-f-l.co.uk
Richard Gledhill
Tel 0161 237 7725
Email richardg@m-f-l.co.uk
John Jones
Tel 0161 237 7739
Email johnj@m-f-l.co.uk
Converge Technology Services
Aaron Naisbitt
Business Development Manager
Email: info@convergets.co.uk
Tel 0345 872 4400
Xyone Cyber Security
Stephen Robinson
Managing Director
Tel:. 0800 856 7792
Email: stephen.robinson@xyonecybersecurity.co.uk
The Five Steps to Effective Communication
Thursday 10 March 2016
RSM UK Tax and Accounting Limited
9th Floor, 3 Hardman Street, Manchester, M3 3HF
Registration: 08:30 Seminar starts: 09:00 Seminar closes: 10:30
CPD: 1.5 hours
Do you get on with some people in your team but not with others? Do some people
simply ‘wind you up’?! Ever wondered why conflict seems just around the corner
when communicating with some individuals?
In this workshop we’ll share with you five proactive steps that you can follow immediately,
which will help you to improve how you communicate with others at work.
Key Content:
• Step 1: Don’t be colour blind
What colour are you? Are you a red, blue, or a green? Learn how
to tweak your personal communication style to meet your op
posing colours
• Step 2: Get on the right rung of The Trust Ladder
Are you at Total Trust, or at Deception or Revenge?
• Step 3: Learn how to tune into others through our Rapport
Building Scale
• Step 4: Step into their shoes
Learn the real difference between sympathy v’s empathy
• Step 5: I’m all ears
Where are you on the Listening Ladder? Identify the impact of
your own listening skills on your team and colleagues.
Facilitated by Mike Ode, Director of Potential Unearthed
Mike has over 15 years hands-on experience training Management and Personal Development.
Mike’s natural ability to gain instant trust and rapport, even with the
most nervous of delegates as soon as they step into the learning environment is second
to none and this guarantees full participation from all delegates who enter onto
any of his programmes.
Cost to attend:
MLS Members £20.00 + VAT (£24.00) Non-members £40.00 + VAT (£48.00)
Keep up to date with the latest event information at
www.manchesterlawsociety.org.uk
or follow us on
Twitter @ManLawSoc
To book a place on any of the above events, please email
CarlaJones@manchesterlawsociety.org.uk or
victoriaridge@manchesterlawsociety.org.uk

President’s Column
5
5
From the President
It has been a busy month.
As one of the judges for our
forthcoming legal awards
at the beginning of March, I
spent a lot of time over New
Year going through the applications
submitted by the
firms, organisations and individuals
who had entered
the various different categories
they were eligible for
at the awards. The shortlisting
process itself was fascinating
in terms of the
variety and quality of the
applications; it was time
consuming but very worthwhile.
The judging day for
those who had made it
onto the shortlist was even
more rewarding and revealing.
It left me feeling incredibly
proud and slightly in
awe of our profession locally.
It is abundantly clear
that Manchester firms are
consistently providing the
highest quality legal advice
and services to our clients
and organisations. For
those readers who will be at
the legal awards on Thursday
3rd March, (sold out,
with a waiting list, as always)
I look forward to seeing
as many of you as I can
there, celebrating another
year of fantastic success.
A couple of other recent developments
of note. Gove
has performed a huge
climb down in abandoning
the proposed two tier legal
aid contracts for criminal
practitioners. The immense
frustration felt by everyone
in the profession as to how
we have reached this sorry
state only illustrates how
much time and effort has
been diverted from acting
for clients and earning a living
by this charade. It has
been a shambles of epic
proportions and it seems
we are back to square one.
Then today, hot off the
press we had the announcement
of the government’s
response to the
consultation regarding
court closures. The government
have decided to reprieve
only five of the
proposed 91 courts which
were slated for closure. In
the North West we get to
keep Stockport County and
Magistrates Courts but
Bolton, Bury, Oldham and
Trafford County Courts are
all still due for closure. I
have not met anybody that
thinks this is a good idea.
The logic is baffling and the
response to the consultation
sweeps aside the compelling
arguments about
reduced access to justice.
There will be increased,
probably unmanageable
pressure on the courts
which survive.
A couple of weeks ago I
chaired our annual Litigation
Conference and this
year both PI and other civil
litigation practitioners were
welcome and speakers attended
from a wide range
of areas. We had our
keynote address from His
Honour Judge Gore, the
Designated Civil Judge and
the costs panel in the morning
was again very well received
with valuable insight
from District Judge Hovington,
as well as the other
speakers.
The proposed changes to
the small claims limit for injury
claims and removal of
compensation for soft issue
injuries dominated the
agenda in the afternoon.
Manchester Law Society
will be coordinating a response
to the forthcoming
consultation, which I will be
coordinating and I urge
personal injury practitioners,
both claimant and defendant,
to participate. I
will shortly be arranging a
pre-consultation meeting
for all interested parties. If
you would like to participate,
please contact me via
the MLS office. I emphasise
that the Society’s response
is open to both sides of the
profession as clearly the
proposed changes impact
on both claimant and defendant
practitioners.
From my side, the idea that
insurance companies will
voluntarily reduce motor insurance
premiums by the
much vaunted £50 per policy
simply on the back of
these further proposed
changes is laughable. This is
politics at its most shameless
and transparent, on the
back of millions being paid
by insurers to fund the Conservative
party over many
years. If you do not believe
me, look it up. The economic
case put forward by
the insurers is built on sand,
but what I am very pleased
to see is the way in which
various organisations are
working together to ensure
that the economic arguments
put forward by the
insurers are demolished. In
the starkest of terms, if
these changes go through
there will be thousands of
job losses here in the North
West alone, the heartland
of personal injury work in
England.
I had hoped to bring a
lighter mood to this
Michael Hardacre
month’s column. I promise
I’ll do my best next time.
Until then, see you at the
Legal Awards.
Michael Hardacre
President
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6 Movers & Shakers
Blackstone Solicitors kick-start the year
with triple appointments
Litigation and Property
Law Firm Blackstone Solicitors
in Hale, Cheshire has
expanded their team further,
appointing three
new staff members. Nick
Jackson joins as Commercial
Property Partner,
Usman Anwar as a Solicitor
and Hannah Killer as a
paralegal.
Nick Jackson has previously
worked for two nationally
recognised firms and has
over 13 years of experience
in the commercial property
sector dealing with sales,
purchases, site set-ups, lettings,
secured lending transactions,
retail and student
accommodation. Nick specialises
in working for individuals
and businesses with
real estate requirements
whether as occupiers, investors
or developers.
Usman Anwar joins the firm
after completing his training
contract at a law firm in
Manchester. Usman has
solid grounding in property
matters coupled with experience
in civil litigation and
debt recovery.
Hannah Killer joins as a
Paralegal having completed
a Law degree at the University
of Manchester in 2015,
Hannah is now working on
developing her litigation
acumen as the latest addition
to the award winning
litigation team
A further accolade for the
Usman Anwar, Hannah Killer and Nick Jackson
team is the title of Vice President
of Trafford Law Society
for 2016, which has been
given to Litigation Solicitor
Geraldine Stephens. Geraldine
joined Blackstone last
year.
Commenting on the above
appointments Managing
Director, Emma Nawaz said,
“When I set up the practice
in 2010 my ambition was to
build a strong team around
me. A professional, passionate
team with a tenacious
approach. Each new employee
brings a range of experience
and
professionalism with them
and will allow the firm to
continue to expand as we
work with an increasing
number of clients to win
cases.”
Mills & Reeve’s Chris Ross named as
‘rising M&A star’
Chris Ross, partner in the corporate
team at the Manchester office
of Mills & Reeve has been hailed as
a ‘rising star’ in mergers and acquisitions
(M&A) by a leading industry
magazine.
JMW Drives Forward their Relationship
with the BPA
The British Parking Association
(BPA) has appointed
full service law
firm JMW Solicitors LLP to
advise their members on
any legal matters.
The BPA is the largest Professional
Association in Europe
representing
organisations in the Parking
and Traffic Management
Community and they currently
have around 650
members, equally shared
between the public and private
sectors. The BPA set up
their Approved Operator
Scheme (AOS) in 2007 for
operators managing private
and unregulated car parks;
AOS members have to adhere
to a Code of Practice if
they are involved in the
management of parking on
private land and unregulated
public car parks. The
AOS currently has over 120
members nationwide.
After a tender process full
service law firm JMW have
been appointed to advise
BPA members on any legal
matters they may encounter
from 1st February.
Consumer and parking legal
specialist Derek Millard-
Smith will lead a team of
lawyers who will be on
hand to help and advise
BPA members. Derek joined
JMW in May 2015 and has
been involved in the parking
sector throughout his
15 year career as a consumer
lawyer, providing
regulatory compliance advice
and investigation defence
assistance to
consumer facing companies
who come under the spotlight
of regulators.
The BPA hope that by appointing
JMW as legal advisers,
BPA members will be
able to gain the help and
advice they need quickly
and efficiently to help them
adhere to the BPA’s code of
practice, consumer protection
legislation and any
other legal matters that may
impact their businesses.
Derek Millard-Smith, Partner
and Consumer Law specialist
at JMW said:“The
team at JMW are delighted
to have been appointed
legal service provider for
BPA members. We are all
very excited to commence
work on this long term project
with the BPA. It is a
tremendous opportunity to
join up legal thinking and
compliance advice across
the BPA membership, which
will not only enhance the
credibility of those approved
by the BPA but essentially
ensure consistency
and fairness for motorists.
Personally I have worked
alongside the parking sector
for many years and want
to be part of continuing to
build a positive relationship
between the consumers
and parking management
companies and I know this
Derek Millard-Smith
is the BPA’s aim as well. The
team at JMW feel this is a
unique opportunity to work
in partnership with the BPA
to identify legal issues that
affect the parking enforcement
industry and ensure
that the consumer is treated
fairly”
Commenting on JMW’s appointment
Steve Clark,
Head of Operational Services
at the BPA said:
“I am delighted that we are
able to offer our members
this opportunity to seek
legal advice on matters that
may affect them and in turn,
assist them in improving
the service that they provide
for motorists. I look forward
to working with Derek
and the team at JMW as
legal service provider, another
milestone in the BPA’s
drive to raise standards and
promote professionalism
throughout the parking sector”
Chris, who became a partner in 2010,
is one of only three partners from
Manchester firms to be ranked as an
‘up and coming M&A partner’ in Legal
Week’s annual ‘rising stars’ guide
which looks at the new generation of
dealmakers making their mark.
Chris said: “I am thrilled to be named
as an upcoming M&A partner in Manchester.
The region has a number of
excellent corporate lawyers and it is
fantastic to be profiled in the guide.
“For me, deal making is all about
communicating with clients and
other advisors – being willing to
jump on a train and sit down with a
client wherever they are – then collaborating
with the right people
across our offices to get the best outcome
for the client.”
Chris Ross
Why join Manchester Law Society?
Here are some of the benefits of membership
• The Messenger Magazine & weekly e-newsletter
o
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Free to members The Messenger is packed with topical articles,
details of what is happening with the Society, information on
“movers and shakers”, deals, news on charity and CSR work that
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Members can place items in The Messenger free of charge
For past copies of The Messenger visit
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Regulatory Affairs Committee Update
Did you know that the
month of March was
named after Mars, the
Roman god of war? And
with March marking the
onset of warmer days
(hopefully!), we have certainly
seen the temperature
rising and battles
between the SRA and the
Law Society recently over
the issue of independence.
There is a lot happening
at present so let’s
crack on with an update of
the past month.
Complaints
The Legal Services Consumer
Panel has issued a report
recently entitled
Opening up Data in Legal
Services recommending
that law firms should be required
by their regulators to
publish details of complaints
and average prices
on their websites. The panel
said it would also like to see
“more sector-specific information”
about legal services,
such as litigation
outcomes and success rates.
What do you think about
that? Would your complaints
history and pricing
structure look good to new
prospective clients if that information
had to be made
accessible to them? If you
would be concerned about
publication, what are you
doing to make the results
better?
The Legal Ombudsman’s annual
report has announced
that the number of complaints
about lawyers has
fallen to its lowest level
since the opening of the
LeO. The report said that
LeO received more complaints
about residential
conveyancing in 2014/15 –
making up 23% of the total
– due to an improving housing
market, but this was
“more than offset by reductions
in complaints about
family law matters and, to a
lesser extent, a reduction in
complaints about wills and
probate”.
The Independent Complaint
Resolution Service
(ICRS) – a body which deals
with complaints against the
SRA – has also recently suggested
that there is a “real
risk” that members of the
public will view the SRA as
“simply preferring the word
of solicitors” and has recommended
that the SRA
should consider addressing
the risk of the perception of
bias by sharing some of its
assessments of complaints
or publishing examples of
serious misconduct.
And talking of pubic perception,
new research commissioned
by the SRA has
revealed strong public support
for Treasury proposals
to fully separate legal regulators
from professional
bodies, with 82 percent of
adults surveyed saying solicitors
should be regulated
independently and 68 percent
of respondents saying
they were more likely to
trust an independently regulated
profession. This has
led the Law Society to fight
back by suggesting that an
SRA stripped of its power to
set solicitors’ standards
should be merged with
other legal regulators. In a
nutshell, the SRA wants to
continue its present role but
with structural independence
from Chancery Lane,
while the Law Society says it
should control professional
standards and entry to the
profession, with an independent
SRA just responsible
for enforcement. This
argument is set to run for
some time yet, no doubt!
Reserved Activity
The Legal Services Board
has approved proposals to
remove what the SRA called
“unnecessary burdens” on
law firms carrying out reserved
activities. The previous
rules meant that the
SRA could revoke or suspend
a firm's authorisation
if it did not carry out the reserved
activities it was authorised
to do. This rule has
now been removed so that
once a firm has shown it
meets the standards to be
entitled to carry out reserved
activities, it will not
need to demonstrate that it
is actively doing so.
Consumer Credit
The SRA has also produced
a consumer credit toolkit to
help firms ensure the services
they deliver are compliant
with the new regulatory
regime. You will recall the
confusion around whether
firms needed to be both
FCA and SRA regulated if
carrying out consumer
credit activity and this
toolkit (with flow charts) is
aimed to assist firms in deciding
if they will need to be
dual regulated or not. The
majority of practices should
not have to be but every
firm will need to check this
carefully.
Website changes
Due to a change in regulations
governing e-commerce,
your website must
inform individual clients
about a new EU online dispute
resolution (“ODR”)
service from 15th February
2016 and provide a link to
the site and your e-mail address.
In order to promote e-commerce
the EU wants consumers
who buy a product
or service online to be able
to submit complaints to
traders via an EU platform
http://ec.europa.eu/odr .
The site will then transmit
the complaint to an alternative
dispute resolution
(“ADR”) entity to try to facilitate
a solution.
The Law Society has also issued
further guidance on
this on its website.
Practice notes and guidance
And finally, the Law Society
has issued a number of
practice notes and guidance
recently including :
Continuing Competence
guidance - FAQs to solicitors
for moving across and complying
with the new SRA
scheme for continuing competence.
Residual client balances –
clarifying the position relating
to the management of
unclaimed client funds.
Raising concerns and
whistleblowing – guidance
for staff.
As always, if you have any
questions or need help with
your compliance obligations,
do get in touch.
Michelle Garlick
Chair
Manchester Law Society
Regulatory Affairs
Committee
Weightmans LLP
Concerned about
your partner’s
motives?
To advertise in the Messenger
visit www.locallawsocietypublications.co.uk
or email j.baskerville@jbaskerville.co.uk
or call 01253 829431
Protect yourself with advice and support from Ralli,
the number one Partnership Law firm.
Call 0161 832 6131 or email enquiries@ralli.co.uk
rallipartnershiplaw.co.uk
follow us @PartnershipLaw

Forthcoming Events
8 Movers & Shakers
Jackson Canter celebrates success
with anniversary party
QualitySolicitors Jackson
Canter – one of the North
West’s fastest growing law
firms – celebrated a successful
first year in Manchester
last week with an
anniversary networking
event.
The party, which was held at
the 111 Piccadilly-based office
on Thursday (28 January),
was attended by fifty
clients and contacts from a
range of industries across
the North West. Michael
Hardacre, president of the
Manchester Law Society,
was also in attendance.
Jackson Canter’s Manchester
location is the firm’s third
office in the North West and
offers a more convivial approach
to the provision of
legal services, allowing
clients to discuss their requirements
in a more informal
and comfortable
environment than a typical
legal office.
Since launching, the Manchester
office has been
home to some of Jackson
Canter’s most impressive
successes.
The firm recently announced
that it is now able
to offer legal advice to those
mistreated by the police
from its office in Manchester
after it was awarded a Legal
Aid contract across the
whole of the North West.
Following the appointment
of Steven Walmsley, Jackson
Canter is able to extend this
service, which supports individuals
who feel they may
have been wronged by the
police, as well as other government
organisations and
local authority bodies. This
includes assault, trespass,
malicious prosecutions,
wrongful arrest, unlawful
imprisonment and recovery
of property.
From the new location,
Jackson Canter has also
strengthened the offering
of its immigration department
and is set to move into
the provision of commercial
and family services in 2016.
Andrew Holroyd, CEO of
Jackson Canter, said: “Our
Manchester team turned in
a strong performance for its
first year, by delivering excellent
results for our growing
client base within the
city.
“We’ve attracted an impressive
portfolio of new instructions
and the firm is
committed to improving
the breadth of services offered
from the Manchester
office. I’ve no doubt that our
investment in people and
new offices will drive further
growth within the region
this year.”
Mark Harper made silk
Mark Harper, a member of
Manchester-based barristers
Kings Chambers has
been appointed as
Queens Counsel (QC) by
The Lord Chancellor.
The ceremony, which will be
presided over by Justice
Secretary Michael Gove will
took place on Monday 22nd
February 2016 at Westminster
Hall.
Colin Griffin, chief clerk at
Kings Chambers, said: “We
warmly congratulate Mark
on his achievement which is
recognition of his outstanding
practice and abilities.”
Mark Harper has been involved
in some of the
largest and most high profile
cases to be heard in the
Chancery and Mercantile
Courts outside London including
his representation
of Wayne Rooney in his successful
restraint of trade
challenge to this Image
Rights Representation
Agreement.
In 2014, he also represented
Sir Bradley Wiggins in defending
the claims brought
Shoosmiths Manchester
partner Kieran Toal has
been singled out as one of
the UK’s ‘up-and-coming
M&A stars’ by trade publication,
Legal Week.
by his former management
company following his termination
of their retainer.
His main areas of specialism
are banking and finance,
civil fraud, commercial litigation,
company, insolvency,
partnership,
Mark Harper QC
professional negligence and
sport.
With Marks appointment
Kings Chambers now have
seventeen silks at Kings
Chambers providing advocacy
and advisory services
in a wide range of specialisms.
Shoosmiths’ Kieran Toal named as
Manchester M&A Star
L to R: Paul Widger, the 2016 President of the Junior Council International, Andrew
Holroyd CEO of Jackson Canter and Michael Hardacre, President of Manchester Law
Society
Slater Heelis appoints ex-SAS Daniels partner
Law firm Slater Heelis LLP has appointed
Angela Brown to its growing
residential property team.
Angela was formerly a partner at Stockport-based
law firm SAS Daniels. She joins
the Timperley office of Slater Heelis to
bring more than 20 years conveyancing
experience to its clients.
Chris Bishop, managing partner of Slater
Heelis LLP, said: “I’m delighted to welcome
Angela to our residential conveyancing
team. I’ve known Angela a long time and
she’s a highly accomplished professional.
We anticipate a strong upturn in the local
residential property market and appointing
first class lawyers like Angela means
we’re well positioned to meet demand.”
Angela Brown added, “I’ve always admired
the culture at Slater Heelis and I’m looking
forward to my new role during an exciting
phase for the firm.”
Angela Brown
Kieran, a partner in the
Manchester corporate
team, features in Legal
Week’s list of M&A rising
stars who are making their
mark at UK firms from outside
London.
The listing follows a year of
success for Kieran and the
Manchester corporate team
as a whole. Notable M&A activity
led by Kieran in 2015
included acting for Truworths
International Limited
on the £256m
acquisition of an 89% stake
in Office Retail Group, advising
NVM Private Equity
(NVM) on its £4.5m investment
of development capital
into Bolton-based Love
Energy Savings (LES) and
advising private equity firm,
NorthEdge on a management
buyout of TKC, a
Greater Manchester-based
kitchen trade supplier.
Kieran Toal
The deadline for the April 2016
edition of the Messenger
is 10th March
Kieran, who joined Shoosmiths
as a partner in 2013,
decided to enter the legal
profession after a number of
years spent in professional
football. In Legal Week he
describes his defining career
moments as, “Deciding
to cut my losses as a professional
footballer at Manchester
United after a
‘fire-side chat' with Sir Alex
Ferguson and going to university
to study law. Also,
deciding to leave Addleshaw
Goddard's corporate
team in Manchester after
nearly 11 years to join Shoosmiths’
corporate team in
2013 as a partner."
Commenting on his rising
star status, Kieran said, “It is
fantastic to receive this endorsement
from the industry
and to be profiled
alongside leading legal talent
from across the UK. This
is recognition for the Manchester
corporate team as a
whole and for our M&A expertise,
and will support us
as we seek to further grow
our presence in the Manchester
market.”

Proposals by The Judicial
Office to resolve commercial
disputes worth less
than £25,000 online are a
‘step in the right direction’
say solicitors at Manchester
based LHS.
The Civil Courts Structure
Review interim report from
Lord Justice Briggs proposes
the launch of an ‘online
court’ to settle disputes
up to a value of £25,000 and
says it will give litigants
more cost effective access
to justice.
Merlie Calvert, head of business
legal services at law
firm LHS Solicitors LLP, said:
“These proposals have been
brewing for quite some
time and should be welcomed
by small and
medium sized businesses.
The current courts system
has got to change. It isn't litigant
friendly and most
businesses would agree
that resolving disagreements
today is too slow and
expensive. Businesses
should be entitled to legal
services which are accessible
in the same way that almost
all consumer goods
are. That is: digitally, cost-effectively
and quickly.”
Stuart England, head of civil
litigation at LHS, adds:
“There will always be a need
for ‘real life’ lawyers and
those who look after their
clients in a more strategic
way will benefit from these
proposals. This new online
court will separate the
wheat from the chaff at the
smaller end of the legal
market. Solicitors who provide
little more than 'turn
up to court services' will be
affected.”
Andrew Leese, head of
property litigation at LHS,
agrees:
“Good lawyers will always
try and guide their clients to
avoid a dispute getting to
court in the first place.
They’ll only do that properly
if they are by their client's
side, understanding their
particular motivations, con-
News 9
‘Digital court’ proposals are good for businesses- and lawyers
cerns and needs so that
they can represent them
successfully. There’s no ‘one
size fits all’ option here and
you cannot act in a client’s
best interests unless you
truly explore and pursue the
solutions that suit each of
them best.”
Merlie Calvert concludes:
“These proposals strike a
chord with us at LHS because
we're obsessed with
making the legal experience
better for each and
every client. Reinvention of
legal services, particularly
for small and medium sized
businesses is long overdue.
It’s great that others agree
with us and that businesses
will soon have more choices
and better prospects of fair
and cost-effective treatment
when it comes to resolving
disputes in court.
Merlie Calvert
“For our part, we’re looking
forward to seeing how this
proposal evolves and eventually
to making this online
solution a part of the package
of options and recommendations
that we explore with our clients every day.”
Lord Justice Briggs is inviting comments in writing on the interim report by the end of February
2016; ahead of further consultation on, and consideration of, issues ahead of preparing
the final Review report by the end of July 2016. Comments may be sent to:
ccsr@ejudiciary.net.
See https://www.judiciary.gov.uk/civil-courts-structure-review/civil-courts-structure-review-ccsr-interim-report-published/
Docutech the future of scanning
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In today’s market more than ever, law firms face the challenges of competition, client demands,
compliance, efficiency and cost
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One major contributor to this solution is potentially that the future of the “office” is continuing
' to change into a highly mobile, connected digital workspace where all the infor-
' ' ' ' ' ' ' ' '
mation of the business, certainly ' ' ' his ' caseload ' ' ' is at ' the ' lawyer’s ' fingertips. '
We can all benefit with '
' a move ' towards ' ' a paperless environment
' ' ' ' '
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' the frustrations ' of searching ' ' for ' files in a mixed
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digital and paper scenario
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Cutting the cost ' of ' storage ' ' ' which for ' ' many ' firms '
' runs into 10s of ' thousands ' ' ' of pounds ' ' either ' ' with
•
third parties or using '
' ' ' ' ' up ' expensive ' ' ' local ' storage ' ' ' ' '
Lawyers ' being ' able ' to ' work securely ' from any
where at any time adding to efficiency and
' ' ' ' ' ' ' ' ' ' ' ' '
productivity through agile working and hot-desking
' ' ' '
' ' ' ' ' ' ' ' ' ' ' ' ' '
' ' ' ' ' ' ' ' '
Many firms understand the need for this but are put off by the scale and timing of the
challenge. ' It ' cannot ' ' all be ' ' done ' in one ' ' go and a ' strategy is ' required and the development
of an archiving ' policy.
Comments ' from our ' existing ' ' law ' firms: ' ' ' '
' ' ' ' ' ' ' ' ' '
• Many ' ' of us ' use our ' case management systems quite well for document
' ' ' ' ' ' ' ' '
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' ' ' ' ' ' ' ' ' ' ' ' ' ' management including the storage of papers from other parties sent
electronically but in some cases we still struggle with inbound hard copy
• We then have mixed files because of the age of the live matter
• We then have closed and archived files that may need referring to or re-opened
but have to be retained for compliance purposes
• We then have archives that need to be retained for long periods and maybe
only on one further occasion need to be recovered but holding them
physically is costly and inefficient – let alone forgetting where they are.
Until improved methods are brought forward that convert
the paper on the desk into information that is instantly accessible
anywhere & anytime, organisations will be forced to
continue working in two separate worlds - paper and digital.
MLS Advantage member - Docutech – through collaboration with leading vendors such
as Microsoft, Ricoh, other Case and Practice Management Suppliers and if required secure
and compliant UK data centres are now in a position to assist firms to bridge that gap
through the use of MSS (Managed Scanning Solutions).
Docutech is to introduce a consulting service supplied by experts in the sector to assist
law firms to develop a phased strategy and an archiving policy. This service is planned to
start by taking stock and then look at the short, medium and long term requirements to
cost effectively manage a programme to provide the cost reductions, mobile/agile working,
efficiency and compliance.
This service is so much stronger than the perceived selling of scanners and printers and
will include newer technologies such as “follow me print”, proximity cards and pin codes
add so much to security, lack of waste and agile and effective working:
• Print costs and storage will be reduced
• Time spent searching for information can be significantly reduced
• The work place will be more fast and efficient, more secure and regulatory
compliant.
• The ability to share, store and retrieve information quickly and easily is
dramatically enhanced, as the print costs are significantly reduced.
Docutech Office Solutions
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10 Movers & Shakers
Continued growth and success reported for
serious injury law firm
Serious Injury Solicitors
CFG Law have reported a
bright start to the New
Year, with an additional 11
new members of staff
joining the firm in the last
6 months.
CFG Law, part of the client
first group, is an independent
firm of solicitors specialising
in serious injury claims.
CFG Law champions early
assessment and tailored rehabilitation
for clients, leading
to quicker and
improved recovery for their
clients. Based in South Manchester,
CFG Law has built
its reputation based on putting
their clients’ needs and
wellbeing at the heart of
everything they do.
The new staff members
build on the firm’s already
outstanding team of legal
experts. The strength of the
firm lies in the talent of its
people and their expertise
in helping injured people to
recover from devastating injuries.
CFG Law is therefore excited
to report on the arrival of a
Senior Associate, 4 Associates
and Solicitors, 3 Paralegals,
a new Finance
Manager and 2 additional
support staff.
Senior Associate, Andrew
McGowan joins from GLP
Solicitors in Bury. Andrew
has over 28 years’ experience
in personal injury and
a track record of success
helping seriously injured
clients. Andrew also brings
considerable expertise in
brain injury cases and is a
recognised Brain Injury Approved
Litigator with APIL
(Association of Personal Injury
Lawyers).
Also joining the team are 3
Associate Solicitors. Associate
Solicitor Leanne Tattam
joins from an in-house
legal position at a brain injury
case management
company. She has extensive
experience in handling
complex head and brain injury
claims and is also a volunteer
and Trustee on the
Andrew McGowan and Alistair Fernie
committee of Headway
Blackpool Wyre & Fylde.
Associate Solicitors James
Easson and Vicky Whitney
both join from Slater & Gordon.
James brings more
than 7 years’ experience of
handling complex and high
value serious injury claims.
He has particular experience
of handling high value
brain, Post Traumatic Stress
Disorder (PTSD) and complex
orthopaedic injury
cases. Vicky also brings extensive
serious injury expertise
to the firm with
particular knowledge and
experience of orthopaedic
injuries, severe brain injuries,
amputations and
chronic pain. She has experience
of handling complex,
high value claims, often securing
6 or 7 figure settlements
for her clients.
Further strengthening the
legal team is Solicitor Celia
Fraser, who brings considerable
expertise in handling
claims relating to employers’
liability, occupiers’ liability
and product liability to
The Team
CFG Law, in addition to
claims against the CICA (the
Criminal Injuries Compensation
Authority).
CFG Law is also very keen to
grow and nurture young
legal talent and has recently
taken on 3 additional Paralegals;
Amanda Zimba, Katie
Lowe and Julia Boughen,
alongside additional secretarial
support staff, Donna
Voyce and Lynne Ball and a
new Finance Manager, Anne
Owen.
CFG Law’s Managing Director
Alastair Fernie commented,
“At CFG Law, we
value individuals who share
our core beliefs of early
treatment, rehabilitation
and ensuring that the needs
and wellbeing of clients are
at the heart of everything
we do. To offer the high
level of support, it is therefore
essential that we continue
to strengthen our
skills and knowledge by recruiting
like minded professionals
to enhance our
already outstanding team.”
Why join Manchester Law Society?
Fletchers Solicitors selects Converge Technical
Specialists for hybrid cloud service
One of the country’s
biggest specialist medical
negligence and serious injury
firms, Fletchers Solicitors,
has selected
Converge Technology
Specialists (Converge TS)
to provide a hybrid cloud
service with 24/7 Support.
Converge TS will be providing
a hybrid cloud service
and 24/7 support service to
Fletchers’ 315-strong team
based in Southport. As part
of the service, Converge TS
will provide a private hosted
desktop environment to enable
more agile working
and enhance the firm’s disaster
recovery planning.
Already a leader within their
sector, Fletchers Solicitors
have been re-investing
within the business with the
aim of becoming a top 100
Around 500 people celebrated
some of Manchester’s
greatest professional talent
at the Made in Manchester
Awards, organised by Future
Pro-Manchester, last month.
Recognising those with entrepreneurial
spirit and leadership,
the shortlists were dominated
by the region’s professional
services talent.
The only barrister on a shortlist
of 8 worthy winners, Simon
Murray of St John’s Buildings,
was something of an underdog.
However, his pioneering success
in the flight delay compensation
claims and being
appointed this year as ‘probably’
the youngest Deputy District
Judge ever, were only two
of a number of reasons why
Simon deserved the accolade.
Speaking about his win, Simon
said: ‘It’s a very great honour
and hugely flattering’. He attributed
his award to his ‘willingness
to try new and difficult
things’ and dedicated his award
to his lovely wife, Emily. Well
done Simon and St John’s
Buildings!
Raana Afsarpour
JMW Solicitors LLP
firm. Having a managed IT
service with Converge TS
supports this strategy, as it
will allow the in-house team
at Fletchers to focus on innovation
and creating solutions
which further improve
customer experience and
productivity.
According to Dan Taylor,
Head of Systems and Services
at Fletchers, “Working
with Converge will provide
Fletchers with a more robust
platform, and allow our
internal IT team to focus on
developing solutions to optimise
processes for our customers
and for colleagues.
As Fletchers’ has been
through a period of unprecedented
growth, it’s
good to know that our infrastructure
will support this
growth and that, together
with Converge TS, we have a
strong technical team in
place to help align our systems
with this strategy.”
As well as allowing their internal
IT team to focus on
value-added tasks, the comprehensive
disaster recovery
planning will enable
Fletchers to continue to provide
their customers with a
service under any circumstances.
Nigel Wright, Founder and
Managing Director of Converge
TS said “We are delighted
to be working with
such an innovative firm and
to be supporting the inhouse
IT team at Fletchers.
A hybrid cloud solution provides
a reliable and scalable
solution to support Fletchers’
strong growth plans”.
Made in Manchester Awards Lawyer of the Year
Simon Murray takes Lawyer of the Year
Award at Made in Manchester Awards
Here are some of the benefits of membership
The Professionals’ Dinner Club
• Taking place at different restaurants in and around Manchester
the Professionals’ Dinner Club meets once every two months and
offers a three course meal with drinks at a great price
• An extremely popular series of events offers guests an
opportunity to informally network on a social platform with a
variety of professions
The deadline for the April 2016
edition of the Messenger
is 10th March 2016

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12 Feature
Talking Heads
This month we posed the question ‘Jackson has proposed fixed fees for all
civil claims up to £250k to “relieve the pressure” of costs management, but
which would you prefer, fixed fees or cost budgeting, and why?’
Marc Yaffe
Partner
JMW Solicitors LLP
Firstly, Jackson’s new proposal
acknowledges that
the recently introduced
scheme of cost budgeting is
not working. I never liked
the idea of pausing a client’s
case for 2-3 months while
the parties attend court to
discuss the level of costs to
be received by each set of
solicitors.
Fixed costs ought to bring
certainty, uniformity and remove
the ability for inefficient
solicitors to make
profit by reference to the
hourly rate. This would initially
appear to be beneficial
to clients. However, every
case, irrespective of value, is
different. Litigation is as
much about people as it is
the law. There is nothing
uniform about people, and
a simple grid system of
costs, based solely on the
value of a claim, is far too
simplistic. These proposals
risk turning the profession
into a robotic industry,
where cases are litigated in
a formulaic manner.
It matters not which system
I prefer, fixed costs are on
their way and we must prepare
for it.
Martin Paxton
Partner
DAC Beachcroft LLP
In the vast majority of the
professional negligence
claims I have handled since
the introduction of costs
budgeting, our opponents'
pre-action costs have been
greatly in excess of ours
(with no proper explanation)
and future costs have
similarly been out of kilter. It
has been invariably difficult
to achieve significant reductions
to future costs
notwithstanding what has
been incurred previously
and all the while, the costs
incurred arguing about
costs at an early stage have
often been disproportionate.
I can therefore see real sense
in the introduction of fixed
fees for cases valued up to
£250,000 to control litigation
spend and to remove
any unwelcome surprises. A
staged approach which has
been mooted should also
encourage parties to consider
early resolution. Careful
consideration will need
to be given to the level of
the fixed fee and as to
whether exceptions may be
necessary. However, it
would clearly be unhelpful
for any exceptions to become
the norm and there
may be scope to incentivise
parties to pursue exceptional
cases on a fixed fee
basis for instance by allowing
an uplifted recovery.
Overall, the profession is
now familiar with fixed costs
in other cases so I see no
reason why a new regime
cannot be successfully implemented
in the manner
proposed. Interesting times
ahead!"
Sucheet Amin
Managing Director
Aequitas Legal
Cost budgeting. The issue
with fixed fees is that whilst
it brings an element of certainty
and finality to the
costs around litigation, I
can’t see any matrix being
sufficiently robust to handle
the complexities that come
with such high value work.
Civil litigation can vary from
the most straight-forward of
disputes to complexities involving
areas of dispute that
may require weeks at a final
trial. Straight-forward disputes
will in all likelihood be
resolved swiftly and with
that, minimal costs. Complex
matters will require
time and effort that can be
effectively managed by cost
budgeting. My view is that
cost budgeting has not
been given enough time to
settle and bed in for practitioners
and the courts. In my
firm, cost budgeting it is a
time-consuming element
but it is working in the main
and to even consider removing
it in place of fixed fees is
premature.
Any benefits gained by fixed
fees will be outweighed by
restrictions placed on practitioners
to conduct complex
work efficiently and profitably.
This will only compromise
quality of service and
preparation, which ultimately
impacts the judiciary
as cases presented are illprepared.
Chris Macwilliam
Partner
Clough & Willis
If forced to choose I would
plump for costs budgeting.
Fixed costs effectively compel
a claimant lawyer to do
all the work necessary to
present a client’s case properly,
irrespective of the complexity
of the case, at
commercially unviable
rates. The fixed costs determine
how much work a
lawyer can afford to do in a
particular case. That puts
claimants at a huge disadvantage.
The client would
be left to pay the difference
between recovered cost
and the real cost of doing
the work – but for many
clients that isn’t a realistic
option.
Costs budgeting on the
other hand allows the court
to look at the issues in a particular
case, decide upon
the work and the evidence
required to properly deal
with those issues and to assess
the reasonable cost of
doing that work. Correct
and accurate costs budgeting
means that a claimant’s
lawyer can do all the necessary
work at a reasonable
cost. The actual process of
costs budgeting may not be
popular but it can work if
done correctly and is preferable
to fixed fees.
Jemma Goldstone
Solicitor
JMW Solicitors LLP
I do not think costs budgeting
or fixed costs are the answer
to effective case
management.
Costs budgeting has
brought hours of additional
work for those in practice
and the courts are under
pressure. So, the response
to this now is a proposal to
introduce fixed costs for all
civil cases valued up to
£250k, to work within limits
which bear no resemblance
whatsoever to the actual
value of the work carried
out for a client, or the complexities
involved.
There’s no real guidance on
costs budgeting and predicting
future costs based
on proportionality and
what we know about case
circumstances. Administrative
time is spent drafting
budgets. We’re conscious of
exceeding limits. Surely our
time would be better spent
moving cases along to settlement?
It’s been reported
that Judges have felt they
lacked guidance in dealing
with costs management
too! The pressures have filtered
through the courts as
staff struggle to deal with
the additional work involved
and this has delayed
case progression.
However, I don’t believe
now proposing fixed costs
for multi-track cases is the
answer. Every client’s circumstances
are different.
These cases are complex
and there does not appear
to be any allowance for this
in the proposals. In my view
the client’s best interests
should be paramount. There
needs to be some recognition
for how time consuming
these cases can be. In PI
cases, empathy is required
when dealing with a client
whose whole life has been
turned upside down after
suffering serious injuries
and they’re relying on us for
advice. We’ve been trained
to investigate complexities,
gather evidence and solve
problems. How are we expected
to do our client’s justice
with these proposals?
Why shouldn’t we recover
our time if we can show that
the work carried out was
reasonable, proportionate
and necessary? If these proposals
are implemented,
further consultation is required
with the people who
practice on a day to day
basis. Thought needs to go
into potential exceptions to
the rules, where there
should be judicial discretion
for costs to be assessed on a
standard basis. Where fixed
costs have occasionally
been appropriate in low
value claims, to provide certainty
for both sides, it is not
appropriate in high value
cases.
Jeff Lewis
Partner
Brabners LLP
That's a bit like asking
whether I'd prefer a broken
leg or a broken arm! I don't
want either!
Of the two options, I prefer
costs management. What
seems too easily to get for-
gotten by the likes of Jackson
LJ is that ultimately
there's a client who should
be reimbursed the fees necessarily
incurred by him to
win his case. Detailed assessment
has its drawbacks,
but at least it recognises that
as a principle; so does costs
management (albeit in a
cumbersome and impracticable
way). However, fixed
costs abandons that principle
at the twin altars of expediency
and certainty.
It's a cliché, but no two cases
are the same; two identical
cases can take very different
paths, depending on factors
such as the opponent's attitude,
the number/nature of
documents disclosed and
(take note, Jackson LJ!) the
efficiency of the Court. The
'one size fits all' mentality associated
with fixed costs
fails to recognise that.
I can see an argument for
fixed costs in low-value, simple
cases (not least so as to
eradicate argument about
proportionality), but once
we start to talk about any
other sort of cases then
fixed costs can no longer be
considered appropriate.
Kate Oldfield
Managing Partner
Davis Blank Furniss.
I would prefer neither but if
I had to choose I would opt
for costs budgeting as the
thought of a fixed fee
regime dismays me because
clinical negligence claims
usually involve distressed
and emotional clients
whose lives have been ruined
by a medical mistake.
A case worth up to £250,000
can be extremely complicated,
involve many experts
and is of huge importance
to them.
You cannot simply shoe
horn these types of cases
into ‘one size fits all regime’.
The Courts have already recently
said that the costs of
attending an inquest are

now not recoverable and
this was an essential part of
the fact finding mission.
We have to do all that we
can to protect the innocent
victims whose lives have
often been devastated and
curtailing the costs of a
proper investigation will do
nothing to protect the innocent.
Alex Summerscales
Advocate & Technical
Lawyer
Express Solicitors
Fixed costs do make sense.
There can be no disadvantage
to any party in knowing
what litigation will cost.
Fixed costs should be extended
to the lower reaches
of the multi-track for personal
injury and non-personal
injury claims.
If fixed costs are to be introduced
in any level of clinical
negligence litigation the
rules implementing such
and the stages/amounts
need to be thoroughly and
properly thought through
with appropriate penalties
for non-compliance and no
grey areas (as we are seeing
now with Part 36 offers in
fixed costs claims). The increase
in costs in such
claims is often a result of the
approach taken by the
NHSLA, which is a problem
that I suspect fixed costs will
not remedy.
For the upper regions of the
multi-track and clinical negligence
cases in particular
fixed fees are no appropriate.
There needs to be a
more consistent approach
to costs budgeting. The judiciary
need proper training
for the process to be effective
and efficient.
If the government and the
rules committee rush to implement
all-encompassing
fixed costs, access to justice
will suffer and satellite litigation
will tie the already
stretched Courts system up
even more. Fix the foundations
before building the
house.
Feature 13
Babies, Bake-off and Bonfires boost Bromley’s
charity appeal
Staff at Tameside law firm
Bromleys have raised
more than £1,200 for The
Christie NHS Foundation
Trust with events involving
babies, bonfires, a
bake-off contest, bangers
and mash – and much
more.
The proceeds of £1,271
have been donated The
Christie’s teenage and
young adult treatment unit
to support its leisure and social
activities for patients.
Among the special events
staged by Bromleys were
two ‘guess the baby’s
weight’ competitions, an
Easter bake-off, a bonfire
banquet, a bangers and
mash lunch, a table football
contest, raffles, quizzes,
dress down days and networking
events.
The Christie was Bromleys’
chosen charity of the year
for 2015 but the firm also
found time to support other
good causes – Reuben’s Retreat
in Glossop, Willow
Wood Hospice in Ashtonunder-Lyne,
and Future for
Heroes, which helps servicemen
and women to prepare
for their return to civilian life
and is headed in the north
west by Kevin Hartley, from
Mossley.
For 2016, Bromleys has selected
the Royal Manchester
Children’s Hospital as its
charity of the year.
Bromleys’ senior partner
Mark Hirst said: “Everyone at
the firm rallied round to
provide great support for
our fundraising efforts in
2015 and we hope the
money will make a real difference
to The Christie’s
teenage and young adult
treatment unit.
“Having chosen another
fantastic cause for this year,
we are looking forward to
repeating our fundraising
success in 2016.”
Bromleys’ charity activities
were co-ordinated by Lauren
Taylor and Jill Lomas.
The teenage and young
adult unit is a calm, comfortable
space that also
houses haematology and
transplant services, as
around a third of young patients
at The Christie have
blood-related cancers.
Bromleys hands over the cheque to the Christie
Money raised by Bromleys is
being put towards a special
fund which supports leisure
and social activities, music
and art therapy, magic
shows and outings for
teenage and young adult
patients.
Kirsty Adamoli, a fundraising
assistant at The Christie,
said: “Not only are these activities
enjoyable, they also
encourage important
friendships which can provide
invaluable support for
patients at an incredibly difficult
time.
“The lovely staff at Bromleys
have been very active with
their fundraising and illustrate
how local businesses
can make such a big difference
to The Christie.
“We constantly strive to
bring the best treatment, research
and care, and we
simply could not do this
without the generosity of
our supporters like Bromleys.”
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14 Charity & CSR
Lawyer’s mercy mission to deliver aid to France’s
‘forgotten’ refugee camp
A lawyer has described
harrowing scenes from inside
France’s ‘forgotten’
refugee camp.
Sam Reyani recently returned
from delivering aid
to the Dunkirk camp, which
is home to an estimated
3,500 people fleeing war
and persecution in countries
like Syria and Iraq.
While Calais dominates the
headlines, the conditions at
Grande-Synthe, Dunkirk, are
reportedly worse, inspiring
Sam and two friends – Rory
Hicks, a junior doctor at the
Royal Oldham Hospital, and
fellow legal eagle Jade
Doswell – to do their bit to
help.
Armed with boxes of warm
clothing, toys and toiletries
donated by family, friends
St John’s Buildings have adopted Headway as their Chambers’ charity for 2016
Headway is the UK-wide
charity that works to improve
life after brain injury.
Funds raised by St
John’s Buildings will be
split between Headway
UK and the Headway
branch based in Lancaster
and Morecambe Bay.
and colleagues, they made
the trip, but Sam says nothing
could have prepared
them for the conditions
refugees were living in.
The 28-year-old, who works
at Slater and Gordon in
Manchester, said: “The camp
itself is like a boggy marsh
filled with tents. There are
hardly any toilets or clean
water supplies, just mud
and rubbish everywhere.
“The Calais camp seems to
get all the attention, but
Dunkirk has got the highest
number of families and to
see anyone living like that is
harrowing, especially young
children.
“We were told that a baby
died in the camp last week
and illness and infection is
getting worse“It’s just inhumane
and unacceptable.
Chris Ronan, Chief Executive
of SJB, attended the Headway
Annual Awards Lunch
in December, where he was
presented with the Challenge
Baton to formally announce
the partnership.
Chris said “We have a proud
tradition of fundraising for
our Charity of the Year and
we are delighted to accept
the Headway Challenge
Baton for 2016. The support
Headway provides is invaluable
for a number of clients
of our personal injury, travel
law, sport law and clinical
negligence teams, aligning
closely with the work our
barristers are already delivering
for them. But we know
from past experience that
the members and staff from
right across St John’s Buildings
will unite to support
the charity’s vital work in
every way they can.”
St John’s Buildings are currently
finalising their
packed fundraising calendar
for 2016. Highlights will
include a stand-up comedy
night featuring Sally Harrison
QC and Fran Heaton QC,
with other acts still to be
confirmed; a 24-hour bike
ride between all four St
John’s Buildings Chambers
locations; a Five-a-Side football
tournament, huge participation
in the Great
Manchester Run and the 3
Peaks Challenge; a Sportsmans’
Dinner, a Ladies’ Night
and the annual garden
party known as ‘SJBeestonbury’.
These major events will be
“Most of those we helped
were professional, educated
young people who are just
doing what they can to
keep themselves and their
families safe.”
Sam, who hopes to specialise
in human rights law,
organised the trip with the
help of ‘Drive For Justice’, a
group of volunteers who
make regular trips to the
Dunkirk camp to deliver aid.
With new people arriving
every day, Sam, from Burnage,
says aid is needed
more than ever and is already
planning a return trip.
She added: “I think we all
came away wanting to
scream and shout about the
situation and raise as much
awareness as possible.
“The response from people,
especially colleagues, has
supplemented with a host
of other fundraising activities
throughout the year, including
Hats for Headway
Day, cake sales, dress-down
day and an online auction.
Head of Chambers Sally
Harrison QC commented:
“We are really looking forward
to working in partnership
with the team at
Headway, not just to raise
vital funds but also to increase
awareness and understanding
of the essential
work they do throughout
the country. Taking up the
Headway Baton is an exciting
challenge for us – and
we can’t wait to get started.”
Peter McCabe, Chief Executive
of Headway, said: “St
John’s Buildings’ experience
of providing legal support
to people affected by brain
injury makes this a very
meaningful partnership.
been overwhelming.
“We filled the van with as
much as possible, but there
was still enough left over for
another trip.
“It’s just amazing how people
have pulled together to
help.”
Drive For Justice is now collecting
items for its next
convoy including warm
clothes for adults and children,
blankets, sleeping
bags and toiletries.
Camping equipment is also
needed such as tents, rope,
torches and candles, camping
mats, kettles and stoves.
Anyone who can help
should get in touch via facebook.com/DriveForJustice
or @DriveJustice on Twitter.
Rory Hicks and Sam Reyani collecting donations from
Slater and Gordon’s Manchester office.
The photograph shows Chris Ronan, Chief Executive of St John’s Buildings, receiving
the Challenge Baton from Johnson Beharry VC.
“We were delighted to hand a Headway Challenge Baton to Chris on behalf of SJB and we
look forward to supporting the team throughout their year of fundraising.”

Charity & CSR 15
Making a Difference
This month Gordon Cartwright, Partner, JMW Solicitors, talks about his and
JMW’s relationship with the Child Brain Injury Trust
Gordon Cartwright
JMW started working with
the Child Brain Injury
Trust four years ago, after
hearing of the charity
through colleagues. We
got involved in various
fundraising activities,
beating down the doors of
friends and loved ones to
raise money for what the
team and I believe is a
great cause. I even tackled
my dislike of heights
when a team of us signed
up to do a fundraising zipslide
from the top of the
Imperial War Museum!
I’m proud to say that I’ve
been a part of the team involved
with the Child Brain
Injury Trust from the very
beginning. The charity
works with children and
their families, providing the
appropriate support for
every stage of the child’s development
after their acquired
brain injury. As a
Personal Injury solicitor
working with clients who
have suffered a catastrophic
injury, I am reminded how
vital this sort of support
proves to the recovery
process, particularly when a
youngster has been affected
by a brain injury. As
a parent, I can empathise
with the need for emotional
support when an accident
or injury befalls your child,
and I can see so clearly how
much of an impact the charity’s
help will have on families
who have to tackle a
situation where their child’s
life has changed drastically
and permanently.
JMW’s relationship with the
Child Brain Injury Trust
changed last year, when
they appointed us their sole
legal support services
provider in the North West.
This means that if any of the
families the charity works
with in our region require
legal support, the charity
will direct them to us and
we will assist.
The Child Brain Injury Trust
is also one of JMW’s charities
of the year, and we’ve
certainly kept up that initial
fundraising momentum.
Last year, we even established
a flagship fundraising
event; a black tie comedy
dinner. In its first year, it
raised over £20,000 for this
wonderful cause, and I was
very proud to see this develop
from an initial draft of
an idea in a coffee shop, to a
200 person event!
Although the Child Brain Injury
Trust is a national charity,
it is a relatively small
one. It is heart-warming to
see the very real difference
Gordon and the rest of the team that undertook the charity zipslide from
the Imperial War Museum.
JMW and I are able to make
to the families and the team
behind this charity. Everyone
I’ve encountered at the
Child Brain Injury Trust
works long hours to ensure
that every family they deal
with gets the best possible
support. It is clearly a
labour of love for those involved
with the charity, and
I hope that our efforts go
some way to making the
journey that families have
to take after a child suffers
an acquired brain injury, an
easier road to travel. If
you’re interested in learning
more about the charity (or
buying a ticket for this year’s
comedy dinner), drop me a
line:
gordon.cartwright@jmw.co.uk .
Manchester Free Legal Help
Manchester Free Legal Help Centre is a project originally funded by Manchester Legal Services. The
Centre is run by The University of Manchester School of Law and works in liaison with the University’s
Legal Advice Centre. It is also a clinic of and supported by LawWorks.
The Centre aims to improve access to justice for the
most vulnerable in society. It provides assistance to disadvantaged
and vulnerable members of the community
who need legal advice and support but are unable to afford
it, or are not eligible for Legal Aid.
We do this by coordinating face to face or telephone appointments
for our clients with our volunteer solicitors and
barristers who provide free legal advice and when possible
free representation. We aim to enable clients to be proactive
rather than reactive and encourage them to take legal advice
if appropriate and discourage vexatious action. Although
we should not be seen as a substitute for legal aid,
we aim to fill the gap created by public funding cuts. Our
purpose is to support and, ultimately, reduce the number of
Litigants In Person (LIP).
We are located within the Manchester Civil Justice thus making
the service easily accessible to Litigants in Person. Our
service offers free legal advice in various areas of law such
as family, employment, debt, welfare, consumer, wills and
probate, civil litigation, immigration and judicial review. We
have created a rota of ad hoc advice appointments by local
lawyers to make specialist advice appointments/representation
accessible for LIP. We also operate two separate drop
in clinics in the area of family and immigration law.
In May 2015 we started the immigration drop in clinic every
first Friday of the month. Due to increased demand the immigration
clinic now runs every other Friday. In June 2015
we also established the family drop in clinic that runs every
Monday. Both clinics are highly in demand.
Having only opened our doors to clients in January 2015,
that same year we received a total of 730 client referrals. Of
that number, 585 received free advice from a volunteer solicitor
through a face to face or a telephone appointment,
a student led appointment or through the drop in clinics, including
representation at court hearing when possible.
93.2% of the Clients who provided us with feedback found
the advice provided clear and easy to understand, would
use Manchester Free Legal Help again and would recommend
the service to someone else.
The Centre needs volunteer solicitors and barristers to assist
in providing free legal advice. With the help of volunteers
we are confident that the Centre will assist some of the most
vulnerable members of the community to access much
needed legal advice and support, in the fewest steps necessary,
thus saving resources and time. Volunteers can help in
the following ways:
- Provide brief advice to clients by email or telephone. All
communication is done through the Centre and the lawyer’s
details will not be given to the client, unless the lawyer authorises
us to do so
- Provide advice with a face-to-face advice appointment
with a client at the Court
- Provide representation in the most urgent and desperate
of cases
For firms, involvement with the Centre is a fantastic addition
to their corporate social responsibility agenda, which in turn
bolsters its reputation amongst potential new clients and
employees. For trainees and junior lawyers, the service offers
a unique opportunity to access hands on experience interacting
with clients in wide ranging areas of law.
If you would like to volunteer or would like further information
please contact:
Niki Polymeridou
Project Coordinator
Manchester Free Legal Help
Room L02.12
Manchester Civil Justice Centre
1 Bridge Street West
Manchester
M60 9DJ
Tel: 0161 240 5034

16 Management Issues
Management Matters
This column is now into its fifth year and feedback is still good. We would still like to receive observations and ideas for future
issues. Please mail Bill Kirby at billkirby@professionalchoiceconsultancy.com or the publisher Julia Baskerville at
j.baskerville@jbaskerville.co.uk
SIGNIFICANT BENEFITS IN THE MANAGEMENT
OF PAPER and ENHANCED MOBILE WORKING
Real Innovation
I have gone on about the benefits of agile and mobile working
and certainly see it as an essential way forward. Until recent
research I have probably been underestimating the
benefits of collaborative working with colleagues and clients.
Collaboration is clearly related to AW (agile working) and
ABW (activity based working) but is more a change in the
way people are and want to work and communicate – just
look at social media and things like Wikipedia. You don’t
need people in the same office to communicate, collaborate
and do some very creative things……… as long as you have
the technology to enable it!
The progressive benefits available to law firms identified
below are proof of this and we cannot afford to allow the
cynics or “Luddites” to prevail.
Some research has identified:
• 40% actively working towards a collaborative
approach and are budgeting for it – including the
ROI
• 55% of desks are often empty but its hard to get
meeting rooms or the people in them
• 17% of floor space is used to store paper
• 50%+ businesses report productivity gains from
collaboration
• 25% believe that internal and external
communications issues hamper productivity
• 85% + of staff declare they would be happy to
work flexibly
• Only 32% believe they have the right tools
Any progressive firm needs to take early account of this.
Electronic Paper
In today’s market more than ever law firms face the challenges
of competition, client demands, compliance, efficiency
and cost reduction.
One major contributor to this solution is potentially that the
future of the “office” continuing to change into a highly mobile,
connected digital workspace where all the information
of the business, certainly his caseload is at the lawyers fingertips.
We can all benefit with a move towards a paperless environment
• Information on our desktop to save the time and
the frustrations of searching for files in a mixed
digital and paper scenario
• Cutting the cost of storage which for many firms
runs into 10s of thousands of pounds either with
third parties or using up expensive local storage
• Lawyers being able to work securely from any
where at any time adding to efficiency and
productivity through agile working and
hot-desking
Many firms understand the need for this but are put off by
the scale and timing of the challenge. It cannot all be done
in one go and a strategy is required and the development
of an archiving policy
• Many of use our case management systems quite
well for document management including the
storage of papers from other parties sent
electronically but in some cases we still struggle
with inbound hard copy
• We then have mixed files because of the age of
the live matter
• We then have closed and archived files that may
need referring to or re-opened but have to be
retained for compliance purposes
• We then have archives that need to be retained for
long periods and maybe only on one further
occasion need to be recovered but holding them
physically is costly and inefficient – let alone for
getting where they are.
Until improved methods are brought forward that convert
the paper on the desk into information that is instantly accessible
anywhere & anytime, organisations will be forced to
continue working in two separate worlds - paper and digital.
MLS Advantage member – Docutech www.docutechsolutions.co.uk
– through collaboration with leading vendors
such as Microsoft, Ricoh, Case and Practice Management
Suppliers and if required secure and compliant UK data centres
are now in a position to assist firms to bridge that gap
through the use of MSS (Managed Scanning Solutions).
Docutech is to introduce a consulting service supplied by experts
in the sector to assist law firms to develop a phased
strategy and an archiving policy. This service is planned to
start by taking stock and then look at the short, medium and
long term, requirements to cost effectively manage a programme
to provide the cost reductions, mobile/agile working,
efficiency and compliance. It is anticipated that this
strategy will incorporate the identification of “low hanging
fruit” for speedy return.
This service is so much stronger than the perceived selling of
scanners and printers and will include newer technologies
such as “follow me print”, proximity cards and pin codes add
so much to security, lack of waste and agile and effective
working.
• Print costs an storage reduced
• Time spent searching for information can be
significantly reduced,
• The work place more fast and efficient, more
secure and a regulatory compliant.
• The ability to share, store and retrieve documents
especially as more firms are developing agile and
hot desking. Real cost saving and enhanced
efficiency.
Helping Overcome the Cultural Scepticism – Hot Desking
and Agile Working
Last month I wrote about the scepticism and potential Luddites
that cannot be afforded.
“by providing flexibility, can assist firms in the management of
their key staff in terms of attracting good people, enabling retention
and supporting an increasing demand for work:life balance.
Another advantage of effectively a large proportion of
mobile workforce is that 100% of staff does not require office
space and desks. The latter saves a great deal of premises costs
and the former enables imaginative use of skilled people and
more time dedicated to generating revenue rather than travelling
and other diversions”
I was encouraged to follow this through and examine the
technology available an in use in some progressive firms
available from MLS Advantage member – Viewpoint
www.viewpoint-av.com
We are ahead of the game in the North West as referred to in
previous months and the benefits are still underestimated
• Collaboration systems – Combining some or all of the
above. People can work (view and annotate) on the same
document in different locations and see each other at the
same time. Client interface an reduced travel time
• Video conferencing – Not just for meeting rooms, but for
use anytime, anywhere by all employees and invited guests
– such as clients and prospects
• Interactive displays – Essentially interactive LFD’s but the
software choice and operating systems are important as is
the responsiveness of the screen. Particularly useful in training
and learning environments.
• Resource Booking systems (Room and desk booking) – Enables
organisations to manage their rooms, desks, car parking
spaces etc.
• Presentation systems – Large format displays (LFD), projectors,
control systems (to make it very easy for users to use the
technology). Wired and wireless display systems.
• Audio systems – Speakers, microphones etc. Can be for
meeting rooms, auditoriums, lecture theatres, or general
round the office
Client experience and new enquiry conversions - Agile
working with Hosted Telecoms
There are few firms now without the challenge but If a firm
is looking to develop existing clients potential or have multiple
practice locations, work remotely or engage associates
to work as a 'virtual' law firm whether having 5 or 500 staff,
adopting intelligent call routing across telecoms, mobiles,
laptops and client databases is a huge benefit.
We almost now take as read that Hosted IT is a great aid to
agile working but haven’t spent a great deal of time looking
at the benefits that hosted telecoms can bring. Simply
translated the service enables partners and staff to use the
device they find easiest (whether a desk phone, PC, Laptop,
tablet or mobile phone ) to receive and transmit all communication
with staff and clients exactly the same, purely dependant
on location at the time....remaining completely in
control at all times.
Such solutions are available from MLS Advantage supplier
Matrix247 www.matrix247.com
The idea is that a firm’s telephone system, client records
(Practice / Case Management system and / or CRM), Microsoft
Outlook and partner’s mobiles are all linked together
and talking to each other. Rules may then be set up to route
clients calls to the most appropriate person, client handling
team or receptionist whilst presenting the most appropriate
previous client correspondence, their client record and the
required persons current status at the same time.
Clients can be profiled into categories and dependant on
who they are, what matters they have engaged with previously,
or if prospective clients, the opportunities they offer
across the firm, you may choose to route calls to high-touch
business development staff or receptionists or both....all the
while ensuring they are aware of opportunities and have a
means of measuring opportunities. In addition, partners and
associates that are working away from the office can appear
to clients as in any location you wish.
Investment? Again like the move to a paperless office Matrix
247 can start an installation at a basic level and can move
forward at a pace to meet the firm’s demands for agility. Remember
it is a per user per month contract as it is with
hosted IT. This helps greatly in levelling the technology playing
field for small and large firms
So the project can be phased in perhaps starting with a very
simple connection of existing mobiles, client databases and
MS Outlook to the telephony platform – potentially a cost
neutral move.
Security – as demonstrated with our recent months of
Cyber coverage telephone security in a traditional sense is a
big issue.
Steve Pritchard MD of Matrix 247 has assured me that
“Hosted and cloud based telecoms are also a lot harder to attack
by potential telecom system hackers looking to generate
call theft at a firm’s expense due to the far more complex encryption
built into telecom/ IP border controls as opposed to far
simpler engineering PIN numbers set up by traditional onpremise
telecom manufacturers connecting via traditional digital
ISDN lines. These need EXTRA investment in Telecom
Firewalls to provide this extra protection from Telecom 'Phreaking'
hackers”
As we have discovered before not always implemented
Bill Kirby is a director of Professional Choice Consultancy offering
advice to firms on business issues from strategy, planning,
business development, the effective use of IT
applications and IT hosting for compliance, business continuity
and DR. He can be contacted at billkirby@professionalchoiceconsultancy.com

Law News 17
Capacity – Controlling the Costs of Deputyship
The decision of the
Supreme Court in Dunhill
v Burgin proved to be a
sobering reminder to insurers
of the importance
of establishing whether
the Claimant has capacity
before regarding a claim
as settled.
In cases where a Deputy has
been correctly appointed, it
seems insurers continue to
be left somewhat out in the
cold when it comes to the
pro-active management of
the Deputy's costs.
In the context of the Jackson
reforms, which we are
told were designed to rebalance
the power relationship
between Claimants and Defendants,
a continuation of
the status quo here is simply
unacceptable.
The difficulty for insurers is
the costs of the Deputyship
fall under the remit of the
Senior Courts Costs Office
and do not form part of the
High Court proceedings to
which the Defendant is a
party.
costs budgeting. Instead, it
is open to the Deputy to
lodge pre-settlement Court
of Protection Bills for assessment
by the Senior Courts
Costs Office without any obligation
to notify the Defendant
as to the outcome.
On the basis the Deputy will
ultimately seek the recovery
of their costs from the Defendant
via the Claimant’s
Schedule of Loss; this clearly
leaves insurers unable to
pro-actively protect their
position as to costs.
CPR 47.19 sets out the detailed
assessment procedures
where costs are
payable out of a fund other
than the community legal
service fund.
By virtue of CPR 47.19(3),
the Senior Courts Costs Office
has the power to direct
the Deputy to serve a copy
of any request for assessment
of costs on any person
who has a financial interest
in the outcome of the assessment.
So far, so good.
Gemma Quinn
This means the Deputyship
bills are not subject to standard
or specific disclosure
nor do they receive the
The stumbling block for insurers
comes in the form of
paragraph 18.2 of Practice The question as to whether
scrutiny associated with Direction 47 which pro- Defendants should be per-
Disparaging about Dyslexia? It can cost you…..
Even if you are a multi-million
pound global organisation,
you cannot afford
to flout the rules when it
comes to a breach of the
Equality Act 2010, as Starbucks
has recently discovered.
Meserat Kumulchew
recently won her claim of
disability discrimination
against the coffee giant
after an employment tribunal
found that she had
been discriminated
against as the company
had failed to make reasonable
adjustments to
accommodate her.
Ms Kumulchew was employed
as a supervisor at
the Clapham Starbucks in
South London, and suffered
from dyslexia. The nature of
her condition meant that
she struggled with telling
the time, reading and writing.
However, amongs her
duties she was required to
update a rota with records
of refrigerator and water
temperatures during specific
times of the day.
As many people suffer from
mild dyslexia and are able to
continue in their day-to-day
lives without significant interruption,
a common misconception
is that dyslexia
is not a disability and that
employers are not therefore
required to take this into account
or make adjustments
for employees. However, in
accordance with the Equality
Act 2010, a disability is a
physical or mental impairment
that affects a person's
ability to carry out normal
day-to-day activities. The
adverse effect must also be
substantial and long term.
Dyslexia is likely to be considered
a long-term mental
impairment. The key issue is
therefore whether it is severe
enough to have a substantial
adverse effect on
normal day-to-day activities.
There are varying degrees
of dyslexia, and severe cases
will clearly have a substantial
adverse effect on normal
day-to-day activities.
However, mild dyslexia may
not constitute a disability,
particularly where it does
not impact on the role that
an employee is undertaking.
As Starbucks have
found, it is sensible for employers
to consider whether
an employee with dyslexia
does have a disability and to
arrange for an assessment
of the employee to determine
whether any adjustments
need to be made to
the role accordingly.
vides:“A person has a financial
interest in the outcome
of the assessment if the assessment
will or may affect
the amount of money or
property to which that person
is or may become entitled
out of the fund”.
Naturally, Deputies are
highly reluctant to allow Defendants
in personal injury
proceedings to participate
in the assessment of their
costs.
To support their position,
they argue Defendant is not
and never will be entitled to
receive money from the
Claimant’s fund and on this
basis; they do not have a financial
interest in it.
In addition, it is highlighted
detailed assessments carried
out by the Senior
Courts Costs Office will not
be determinative of the Defendant’s
ultimate financial
liability since the level of
damages to which the
Claimant is entitled, which
will include the Deputy’s
costs, will be finalised by
way of negotiated settlement
or by the High Court
Judge at trial.
Ms Kumulchew recorded incorrect
information (which
she later stated was as a result
of her disability). Her
employer however accused
her of having falsified documents
during the course of
her employment, despite
being aware of the fact that
she suffered from dyslexia.
Her duties were additionally
reduced and she was told to
retrain. The tribunal found
that Starbucks had failed to
make reasonable adjustments
in relation to Ms Kumulchew's
disability and
had discriminated against
her because of the effects of
her dyslexia. It also found
she had been victimised by
Starbucks and there appeared
to be little or no
knowledge or understanding
of equality issues.
Ms Kumulchew informed
BBC News that the way Starbucks
had treated her made
her feel suicidal and that
she nearly ended her life.
Starbucks will next be required
to attend a remedies
hearing at the employment
tribunal to determine the
amount of compensation
owed to Ms Kumulchew.
The case is significant in
highlighting that even the
most high-profile organisations
can fail to have correct
systems in place when considering
employee welfare
mitted to raise points of dispute
in the assessment of
Deputyship costs is something
which is beginning to
stir judicial interest.
We understand Master Haworth,
who is the designated
Court of Protection
Master is not unfamiliar
with the issue. Indeed, he
has on occasion treated the
MIB as having a financial interest
in the outcome of a
detailed assessment and allowed
them to make representations
in relation to
Deputyship costs.
In our opinion, the key to
unlocking access to pre-settlement
Deputyship bills in
personal injury claims is to
emphasise the likelihood
that the fund referred to in
Paragraph 18.2 of Practice
Direction 47 only exists because
the insurer concerned
has made an interim payment.
On the basis the insurer has
the right to seek a refund of
any overpayment once the
claim has settled; it is to our
minds arguable the Defendant
is entitled to receive
money from the fund which
means they have a financial
interest in it.
issues but that such failures
can have consequent costly
and unfavourable outcomes.
Many businesses
complain that the legislation
has gone too far in protecting
the employee but,
unfortunately, employers
are often guilty of under-estimating
the extent of their
duty to make adjustments
and can thus fall foul of the
law. The Equality Act puts
employers under an obligation
to make reasonable adjustments
in relation to the
following:
1. Provisions, criteria or
practices, including company
policies;
2. Physical features, such as
the layout of and access to
workplaces; and
3. Provision of auxiliary aids.
Where any of the above
place a disabled person ‘at a
substantial disadvantage’,
the employer has to take
any steps that are ‘reasonable
in all the circumstances’
to prevent that
disadvantage occurring.
This case, however, demonstrates
that it is important to
consider the effect that an
individual's disability has on
their ability to carry out
their particular role and,
while it may not be immediately
obvious that the dis-
Whilst we agree it is of
course open to insurers to
argue against the level of
the Deputyship fees when
negotiating settlement of
the claim or at trial, inevitably
their bargaining
power will be diluted by the
fact such costs have already
been deemed to be reasonable
and proportionate on
assessment by the Senior
Courts Costs Office.
ability is causing an impact,
ultimately the employer will
be liable if the employee
can show that they have
suffered a disadvantage and
the employer has not taken
reasonable steps to address
this.
So what should we recommend
to clients? Obtaining
the employee's consent for
a GP or occupational health
report is usually a sensible
first step. There are also numerous
useful organisations
that can assist employers in
assessing employees and
Tahera Khan
In view of the fact it is insurers
who are being asked to
pick up the bill, to deny
them the opportunity to
participate in the proactive
management of these costs
is in our view unsatisfactory.
Gemma Quinn
Senior Associate,
Clyde & Co
making appropriate adjustments,
such as Access to
Work and the British
Dyslexia Association. Holding
regular meetings with
the employee and undertaking
workplace assessments
are additionally good
steps to demonstrate that
an employer is being proactive
and taking reasonable
steps to address any
disadvantages to the relevant
employee.
Tahera Khan
DAC Beachcroft LLP

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News 19
2 years, 1 Plan – Achieving Success
The day of the MLS
Trainee Solicitors Conference
was the day I missed
breakfast for the first time
in 2016, following a late
night at an MTSG social.
However, the venue for
the conference, BBP Law
School, did not disappoint
with their endless selection
of biscuits and refreshments.
Soon after 9:30am, delegates
from dozens of law
firms in Manchester gathered
in one of the auditoriums
to hear Senior Academic,
Tricia Chatterton,
open the conference and
highlighted the importance
of the 2 year interview
process that is the training
contract.
The baton was handed over
to Raana Afsarpour, solicitor
at JMW LLP, who outlined to
the delegates the importance
of taking advantage
of opportunities and developing
your own brand to
set yourself apart from an
increasingly competitive
crowd. Raana stated she
wanted to be “remembered
as someone who genuinely
wanted to help others”.
Whilst this might sound like
something Bob Geldolf
would say, it cannot be denied
Raana was the perfect
speaker for this particular
section of the Conference,
when you consider her endless
back catalogue of volunteering
and positions of
responsibility held.
The energy in the room suddenly
received a shot of
adrenaline with the introduction
of Sue Tonks, who
provided an engaging and
entertaining talk on networking
and building long
lasting relationships. The
talk required participation
from some of the delegates,
including a demonstration
of the ‘perfect handshake’.
In order to put those networking
techniques into
practice, delegates were offered
further refreshments
and the opportunity to engage
with one another
Round 2 of the Conference
began with Katie Simpson,
Associate at Addleshaw
Goddard, providing the delegates
with useful tips on
managing their workloads
during their training contract.
She emphasised the
importance of organisation,
saying ‘NO’ and ensuring a
Rolls Royce job is done on
every piece of work undertaken.
Ann Charlton from Law Care
then discussed personality
types and stress in the
workplace. It was advised
that email notifications
Launch of new Private Client Committee
We are preparing to launch a new ManchesterLaw Society
committee for private client lawyers.
The aim is to provide a forum for solicitors and barristers specialising in this
area, to meet, discuss issues important to them and to provide support for
each other.
We intend to work alongside other organisations, in particular, the Society for
Trust and Estate Practitioners (“STEP”), to ensure that we avoid any duplication.
STEP already provides a fantastic programme of lectures, courses and an
annual conference that helps to ensure that there is plenty of opportunity to
maintain your legal knowledge.
We therefore propose that this group will focus on practical issues that lawyers
face in their daily work.
How to deal with executors who can’t agree, disgruntled beneficiaries, reporting
obligations like FATCA and the new register of people with significant control
and new rules such as the extension of DOTAS to inheritance tax.
Deborah Clark of Mills & Reeve will be chariring this committee and how often
we meet, what we discuss and where we focus our attention will all be issues
we will discuss at our first meeting, so if you want an opportunity to help
shape this committee and make it really useful for you, please let us have expressions
of interest. We are hoping to have our first meeting towards the end
of March.
Please email FranEccles-Bech@manchesterlawsociety.org.uk if you would
like to join this committee.
should not appear on your
computer screen and how
there are physical as well as
mental indicators for stress.
In addition, the ‘6 Rs (responsibility;
reflection; relaxation;
relationships;
refuelling; recreation) were
highlighted as the foundation
for stress prevention,
which will ultimately improve
your chances of
achieving success.
After a hearty lunch, we
were into the penultimate
section of the Conference
and up stepped Candida
Bowman, who aptly outlined
the ways to professionally
deal with bullies in
the workplace, instead of
physical violence. This talk
illustrated to the delegates
how important it is to manage
relationships in the
workplace
Two barristers from Lincoln
House Chambers, Heather
Aspinall and Leila Ghahhary,
then provided a talk on advocacy
and the key tips for
persuading the judge.
The Conference left the
most useful talk to last
when Simon Leighton
(Croftons LLP), Kerren Daly
(Browne Jacobson LLP) and
Victoria Leigh (Squire Patton
Bloggs LLP) held a panel
discussion about what they
look for in trainees when offering
NQ roles. This talk
linked nicely with what Tricia
Chatterton had stated at
the beginning of the day regarding
the 2 year interview
element of the training contract.
It was highlighted that
trainees should follow the
Luke Holden
career in the area of law
they enjoy, rather than accepting
the first job offered.
Trainees should be pro-active;
make the most of client
contact; demonstrate
sound character and show a
genuine willingness to develop
a career with their
chosen firm.
As the MLS Trainee Solicitors
Conference came to a close,
the delegates were filled
with ambitions to be the
next Harvey Spector. The
Conference is highly recommended
for any trainee solicitors
wanting to better
themselves over the 2 year
process, but also for those
who are still unsure which
path to take on their journey
towards being qualified.
To sum up in three
words, the Conference was
engaging, informative, stimulating.
Luke Holden
JMW Solicitors LLP

20 MYSG & MTSG News
CILEX
MTSG News
NQ Talks
One of the most important series of
events in the MTSG calendar are soon
upon us. These talks, hosted by MTSG’s
partners provide an opportunity to gain
insight into the market for NQ jobs. Expert
recruiters and lawyers both from
private practice and in house will be on hand to answer
questions and beef up your CVs. This year’s NQ talks are as
follows:
· The first NQ Talk took place on 29 February was Douglas
Scott Legal Recruitment.
· The second NQ talk will be taking place on Thursday
17 March and is hosted by BCL Legal. External speakers
will be on hand to provide guidance and an insight into
making the right decision for your next career move.
· The third NQ talk is set for 5 April (tbc). Again you’ll
be treated to insight and guidance at an event which
might prove to be the last good opportunity of its kind
prior to September.
Commercial Advocacy Training
We’ve planned an event for Thurs 16 June with 23 Essex
Street Chambers in Manchester to be held at BPP law school
for MTSG members, BPTC and LPC students. This will be a
commercial advocacy presentation, hosted by Arnold Ayoo
who will be presenting on the pitfalls of drafting as a solicitor.
This will be relevant to all practice areas and will explain
principles such as “without prejudice”, followed by a networking
session, aimed at increasing links at a junior level
between the 2 professions.
Yet more career enhancement
MTSG is teaming up with BPP to assist with its employability
week from 7 – 11 March. Keep your eyes peeled for further
details. We will also be running a District Judge
shadowing scheme from 1 March to 6 May. You should already
have received details of these events. For further details
email Rachel.Forbes@pinsentmasons.com or
Joe.Ailion@slatergordon.co.uk
Socials
In February we enjoyed the biggest annual item in the diary
of young professionals in Manchester; the Inter-Professional
Social. 500+ attendees from Manchester Trainee Solicitors
Group, Manchester Young Solicitors Group, Manchester
Chartered Accountants Students’ Society (MCASS), Manchester
Royal Institute of Chartered Surveyors (MRiCS),
North West Town Planners Institute, and Manchester Young
Professional Network all descended upon Revolution De
Cuba for what was an excellent networking opportunity.
Next up we have are playing host to an MTSG Social at the
exclusive Milton Club for some good old fashioned drinks
and socialising.
FELT
The end of March will see FELT head to the Whisky Jar in
the Northern Quarter to try half a dozen or so whiskies
from around the world. This will be a great opportunity to
meet fellow FELT members and try the best whisky the
world has to offer at an unbeatable price.
Martin Bloor
MTSG Chairman
Martin.Bloor@Brabners.com
MYSG News
The Manchester Young Solicitors
Group had a busy start
to 2016 with a successful
inter-professional event at
Veeno held on the 28th January
with the Royal Institute of
Chartered Surveyors. The
event was titled a Taste of
Sicily and attendees were
treated to an array of Sicilian
delicacies and wine. Thank
you to our sponsors Catax
Solutions and G2 Legal who
enabled us to provide this
fantastic event to our members for a small fee of £5 per
member.
tritional talk at Banyan Tree
on the 3rd of February followed
by a Cross fit Class at
Train Manchester. MYSG this
year are committed to providing
a wide variety of networking
events to attract
attendance from our large
and varying membership.
The next wellbeing event
will be a Yoga Class at Lululemon
with our friends at the
Royal Institute of Chartered
Surveyors.
For those who enjoy a glass
of wine after work, the Giant
Inter-Professional event at
Revolution de Cuba on the
18th February was a resounding success as always attracting
over 500 attendees. Thank you to our contacts at Manchester
Chartered Accountants Student Society for
organising such a fantastic event year on year.
Looking ahead we will be holding an event at Manchester
Casino 235 on the 10th March 2016 with the Royal Insti-
This event was swiftly followed by the next instalment in
our Health and Wellbeing Events. Led by our committee
member, Lida Khanverdi, our members and the Young
Chartered Accountant Group were provided with a nutute
of Chartered Surveyors. At this event attendees will
be taught the skills of how to hold a true poker face and
the solicitors group will be pitted against the surveyors
in a mini poker tournament – we can’t wait!
If you are interested or know anyone at your firm who is
looking to develop their network and business development
skills please sign up to our mailing list at
https://www.mysg.co.uk and follow us on LinkedIn and
Facebook. Members are encouraged to check the website
regularly for news and updates as we are receiving
an unprecedented amount of interest in each of our
events and attendance is on a first come first served
basis.
Charlotte Brinsley
Chair of Manchester Young Solicitors Group
Family Solicitor at Slater and Gordon Lawyers
Charlotte.brinsley@slatergordon.co.uk
Advocacy and the Vulnerable Training
Lead facilitators and facilitators recruitment
Following a number of high-profile cases, where advocates were criticised for the
techniques used to question vulnerable witnesses, Judge Rook established a crossprofessional
working group to develop training. The professional bodies have now
undertaken to deliver this training to their members by 2018.
This training will be delivered partly online and partly in small-groups of up to 16 people.
A register will be developed listing those who have completed the training, and it is likely
that the judiciary will increasingly consult this list to discover whether advocates before
them have completed the training.
The Law Society is currently seeking lawyers who would like to fulfil the role of lead facilitator
or facilitator. This will involve:
Facilitators and lead facilitators will train solicitor advocates from June 2016 until December
2018.
The Law Society would like to ask for your help, in getting the word out that we are recruiting
for both lead facilitators and facilitators for the Advocacy and the Vulnerable training
programme. The Law Society will pay an honorarium of £200 for each training session and
we will be scheduling two sessions for each training day. You will be able to deliver the training
to your own firm free of charge, as long as the Law Society has been notified in advance
of the session and all delegate details have been shared. The ATC will carry out ad hoc checks
of the training to ensure that facilitators are meeting the prescribed requirements of the
course. In addition to this, the Law Society will monitor feedback from participants by conducting
post-event evaluation surveys.
· attending a lead facilitator (LF) or facilitator training session – currently, the LF
training session is scheduled for 16 April 2016 (although there may be one other
session) and the facilitator training will be on 21 May 2016.
· acting as the Law Society's link and ambassador for your region in relation to this
training (LF only)
· acting as a training mentor for facilitators in your region (LF only)
· delivering a minimum number of training days to new facilitators throughout the
lifespan of the training programme (May 2016 to December 2018) (LF only)
· delivering a minimum number of training days to solicitor advocates
If you are interested, or know someone who might be interested, in becoming a lead facilitator
or facilitator then please a open a read-only version of the attached application, complete
it or pass along the attached application to be returned to
Sunita.Dhawan@LawSociety.org.uk no later than 15 March.
Regional Support
The Law Society, 113 Chancery Lane, London WC2A 1PL
Email: regionalsupport@LawSociety.org.uk
www.lawsociety.org.uk

22 Marketing & Media
CILEX
CRM - One version of the truth.....
by Linda Coppell Integrated Marketing
The close relationships
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aid in delivering tailored
services and importantly,
identify opportunities for
cross-selling.
We also gain valuable insight
into their communication
preferences, helping
lawyers and their marketing
teams tailor content, be
more responsive to their
needs and aid the added
value proposition clients
look for.
The larger the firm, the
more important it becomes
to have some sort of central
system that keeps track of
clients, prospects and initiatives.
Most will know of examples
of multiple
invitations and newsletters
being sent to the same (or
wrong) contact, even occasions
where partners from
different offices within the
same firm have pitched for
the same piece of work - not
the best way to create the
right impression.
There exists a great deal of
frustration in many firms
with their marketing database
capability. The seemingly
endless checking of
client lists, uncertainty if
changes have been applied
and too few people with access.
It’s no surprise then to
find partners keeping their
own private contact lists!
Large firms have a strong
case to argue that technology
will help in co-ordinating
client information, BD
and marketing campaigns
as well as key account management
programmes
(KAM).
Smaller firms may believe
such systems are not
needed. The reality is that
more often partners and
teams are busy concentrating
on their own client commitments
and don’t have
time to step back and look
at the firm’s client base as a
whole.
Firms may have existing
technology already. A marketing
module attached to
the practice management
system perhaps (usually an
inefficient add-on with
basic ancillary contact management
capability), or
you’re coping with disparate
Excel spreadsheets,
or perhaps you’ve invested
in a client relationship management
(CRM) platform,
but are seeing little improvement.
Whatever the firm’s size
most will benefit from some
form of efficient CRM platform.
Ideally, one which will
deliver a single record for
each client, contact and
prospect, rich with relationship
and KAM data, marketing
and business
development activity and
other firm-wide interac-
tions. Providing “one version
of the truth” across the firm
– possibly for the first time.
That’s the ideal scenario, but
it’s a mistake to think that
CRM technology alone will
guarantee success. It’s the
adoption throughout a firm
that is most important and
there will inevitably be issues
to address to ensure it
is used properly and fully.
Management boards must
lead on this, integrating
CRM with overall business
objectives, so it is trusted
and there is buy-in across
the firm.
One reason it won’t get
used is because of poor
quality information and not
enough user support. There
is little point in transferring
or adding old/inaccurate
data into a new CRM system.
Rubbish in = rubbish
out. This is important and
time is needed to get it
right.
It’s also important that CRM
is not perceived to be just a
tool for the marketing and
business developing teams
and the senior partners. If
implemented as a firm-wide
initiative, everyone will have
an investment in the accuracy
and visibility of the
data. The ability to add a
quick update such as a new
telephone number or meeting
date quickly and immediately
enriches data so that
everyone reaps the benefits.
(Security levels can be applied
to protect sensitive
Increase in Court Fees
Why this matters and what you can do
Following a survey of solicitors,
the Law Society
has warned that the government's
600 per cent increases
in some civil court
fees will lead to small
business insolvencies and
access to justice becoming
a preserve of the elite.
The government has responded
to those who took
part in its consultation on
enhanced fees for divorce
proceedings, possession
claims, and general applications
in civil proceedings. It
has also consulted on further
fees proposals.
The maximum court fee
payable by a claimant was
increased to £10,000 in
March this year - an increase
of nearly 600 per cent for
claims of £200,000. The government
is now proposing
that this fee be doubled, to
'at least' £20,000, which
would represent an increase
of over 1,000 per cent in
under six months.
The court fee increases were
opposed by 90 per cent of
respondents to the first government
consultation. We
feel that the announcement
of these latest proposals
makes a mockery of the
consultation process.
Solicitors have warned that
higher court fees would:
Put people off going to
court when they have genuine
claims. Those out of
work due to injury caused
by negligence would not
risk losing what little money
they had left on court fees,
even if they had a strong
claim.
Provide an incentive for
large companies to deny liability,
knowing that the injured
parties would not be
in a position to fund expensive
court fees. Under the
current fees, large companies
and insurers often settle
out of court when they
are clearly liable.
Lead to small business insolvency.
Unpaid invoices of
£10,000s or £100,000s
mean cash flow and overdrafts
are already stretched.
For some companies, insolvency
will be the only option.
With this in mindwe are
seeking to achieve a united
voice for our members that
we believe the increase in
court fees is wrong.
Can we please encourage
you to click on the link
below
https://petition.parliament.uk/petitions/120263
data and reports).
Some thoughts and tips if
you’re considering CRM in
2016:
• Align and integrate your
CRM strategy to the firm’s
overall objectives.
• Research. There are plenty
of CRM platforms out there,
from the simple “Fisher
Price” to the full “bells and
whistles”. Find the best fit for
you.
• Integrate with your KAM
programmes.
• Strong leadership, management
and user buy-in is
key.
• Assemble an enthusiastic,
passionate project team.
• Involve IT from the very beginning.
• Allocate adequate resources
– people and
Digital and events: working together
Your business may be
planning a few events this
year – whether it's seminars,
round tables, exhibitions
or conferences.
It's easy to see these as 'offline',
and therefore separate
from your digital marketing.
But in fact, not only can digital
promote your events effectively
– your events can
also benefit your digital
campaign.
With that in mind, here are
some ideas for making
them work together.
Before
Hopefully you're already
using your social media accounts
to drive attendance,
but have you considered
using paid advertising too?
LinkedIn ads can be targeted
by job title and industry,
while on Twitter you
could target users following
a certain account – it really
depends on who you want
to attract to your event.
Similarly, you'll probably be
planning an e-shot to your
database. But you might
also consider extending
some personal invites to
budget.
• Discover/uncover the extent
of data held in the firm.
• Define the roles around
CRM deployment.
• Understand that CRM is
never finished – it evolves.
If you do it right, there are
many benefits:
• Accessible and complete
picture of client/prospect
interaction.
• Accurate and sophisticated
segmentation and targeting
of campaigns.
• Automation of email campaigns,
with statistics.
• No more Excel spreadsheets
to check.
• Time efficient - eradicates
duplication of effort.
• Integrated practice wide
business and client development
pipelines.
• Identifies cross-selling and
bloggers or journalists you
want to build relationships
with for content marketing
purposes.
And of course, don't forget a
landing page for your promotion
campaign is vital,
and will give you a chance
to really sell it.
During
The event itself is a prime
opportunity for content
generation. As well as a review/recap
blog, panel discussions
or keynotes will
form a great starting point
for an opinion piece, new
relationships could lead to a
guest post opportunity, or
you could actively collect
questions and insights from
attendees, and turn these
into content. If you have the
resources, why not create
video content too?
Social media on the day is
essential for relationship
building – use the event
hashtag (or create one), follow
new contacts, engage
with other attendees, and of
course, promote your profiles
on any materials.
business development opportunities.
• Provides MI to support ROI.
• Integration with KAM programmes.
• Potential to link into appraisal
system.
• Further integration potential
with Windows office systems.
• Everyone has faith in the
system and uses it.
• One version of the truth.
Remember building a CRM
database into your firm’s
strategy is only a small part
of CRM. With board, management
and user buy in it
works – without and it fails.
You can even create an opportunity
for email capture
– whether it's offering an e-
book or discount, or running
a competition.
After
The event might be over,
but the opportunities are
not. All your fresh content
can be promoted through
email marketing, and a
strong organic social strategy
can help engage those
new followers. Meanwhile
remarketing may help you
capitalise on any increased
traffic related to your event.
As with any marketing
channel, events work better
as part of a bigger picture.
So whether you want to
promote an event, or supercharge
your digital, integrating
the two is a win-win
situation.
T
S

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Compli provides regulatory and compliance advice and assistance to law firms
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structure, all delivered by specialist teams with outstanding experience in their
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weightmans.com
Document Direct
Our flexible, 24-hour, 365 day service allows you to outsource as much or as
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Moneypenny
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moneypenny.co.uk/legal
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Xyone Cyber Security
Xyone provide top level cyber security consultancy to law firms. Our services
are designed to identify and mitigate risk from both an internal and an external
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Lexcel v6 and ISO 27001.
Contact
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xyonecybersecurity.co.uk
Viewpoint
Modern law firms are embracing technology - recognising the value that it can
deliver to the client experience, business processes and operational efficiency
too. At Viewpoint we provide a wide range of technology solutions for legal
environments where presentation, collaboration, training, learning and
communication take place. From sophisticated meeting room and presentation
technology to video-conferencing and digital signage systems, our specialist
knowledge allows us to integrate the very best audio-visual, multi-media and
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we understand the relationship between people, space and technology that we
can deliver specialist design, installation and management services.
Contact
Quentin Birchall: 0844 811 7660 or quentin.birchall@viewpoint-av.com
viewpoint-av.com
Riliance Training provides comprehensive interactive and cost-effective e-learning
training for businesses working in regulated sectors. All of our courses are
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The unique training and management platform helps manage and organise all of
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Docutech Office Solutions focus on providing the service and products that you
need at great prices. We specialise in document technology, cost and emissions
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services to suit your company’s specific needs. We provide full office solutions
including printers, consumables and service callouts - whatever your
requirement give us a call.
Contact
Jason Dixon: 0844 893291

Michelle Garlick: 0161 233 7330 or michelle.garlick@weightmans.com
MLS ADVANTAGEad-hoc
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convergets.co.uk
Established in 2006, Converge Technology Specialists provide Hosted
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datacentre based clients. We are a Microsoft Gold Partner, Citrix Gold
Partner, IBM Business Partner and VMware Enterprise Solution Provider.
Managed IT Services
MORE ADDED VALUE FOR
MEMBERS OF THE MANCHESTER LAW SOCIETY
A group Contact of carefully selected partners who have had due diligence
Aaron undertaken Naisbitt: 0845 to ensure 872 4400 we or are aaron.naisbitt@convergets.co.uk
only working with the most
professional, innovative and knowledgeable of companies.
Document Direct
documentdirect.co.uk
viewpoint-av.com
Working with our partners will ensure that our members have improved
Search efficiency Aggregator and value, and most importantly, reduced etsos.co.uk cost packages and implementing networks for multi-location firms
Telecomms including telephone systems, low-cost landline calls, mobile
helping
an outsourced
your practice
typing
to
and
develop
transcription
and succeed.
service to your fee earners we it can deliver to the client experience, business processes and operational
help improve the turnaround of your documents enabling you to react
improve their customer delivery, save time and money and ultimately On-line AML Training search portal and aggregator helping for mlsolutions4u.co.uk
conveyancing departments
more effectively to your clients. We are 100% UK based and offer a
Key services that our preferred partners expertise lies in are:
solutions for legal environments where presentation, collaboration,
training,
ML Solutions
learning
provides
and communication
cost effective
take
anti-money
place. From
laundering
sophisticated
training
ETSOS provides a free-to-use online portal, incorporating our
supported by ISO27001 the Information Security Management system. meeting room and presentation technology to video-conferencing and
Regulatory ‘search supermarket’ and compliance ordering advice platform, and assistance delivers the to widest law firms possible and Technology solutions for law firms where presentation. Collaboration,
You will be impressed by how we can help you, so please call us for your digital signage systems, our specialist knowledge allows us to integrate
others selection in the of legal searches sector, and whatever reports your to review, structure. compare A flexibly, and select tailor training, organise learning and manage and communication their compulsory take AML place training obligations. All
free trial.
the very best audio-visual, multi-media and collaboration solutions into
made – all service the brands designed and to multiple support product you in lines meeting together the evolving one place, regulatory,
backed compliance up by value and pricing, risk challenges easy checkout you and face. dedicated assistance. MLS CPD Advantage hours. partners are able to identify and advise on core issues fac-
Contact
legal working environments with ease. It’s because we understand the
Martyn Best: 0151 227 9150 or martyn.best@documentdirect.co.uk
relationship between people, space and technology that we can deliver
ing your business and using their experience, expertise and market
Contact
specialist Contact design, installation and management services.
Outsourced
David Opie:
typing
01524
and
220001
transcription,
or davidopie@etsos.co.uk
flexible, 24 hour, 365 day service
so as much or as little of your typing and document production Contact
knowledge
Bill Jones or
can
Sarah
bring
Scott:
you
0161
the
828
right
1937
solutions
or info@mlsolutions.co.uk
for these issues.
can be catered for
We Quentin know that Birchall: our 0844 members 811 7660 recognise or quentin.birchall@viewpoint-av.com
the value that technology, outsourcing
and business services can deliver to the client experience as well
Compl-i by Weightmans
weightmans.com
Fully Compl-i Telecoms outsourced provides : Connectivity switchboard regulatory : and Mobiles facility, compliance support advice for an and in-house assistance team to as business matrix247.com/law
processes and operational efficiency.
and business continuity on an ad-hoc basis.
Docutech Office Solutions
MLS
docutechsolutions.co.uk
Our MLS Advantage partners all offer special packages to Manchester Law
Top is and level designed regularity. cyber to support security Compliance you consultancy in has meeting a high the for priority evolving law firms along regulatory, designed with low compliance to ongoing identify
encompasses and risk mitigate challenges telephone risk you from face. systems, an This internal low-cost is underpinned and landline external by calls, incisive perspective mobile commercial packages and implementing that you need networks at great prices. for We specialise in document technology, cost
operating Society costs. members. Our portfolio
advice on business management and structure, all delivered by specialist Why not contact one of them today?
On-line Contact anti money laundering, bribery, data protection and equality
ADVANTAGE
and legal professional privilege and peace of mind is assured.
your business before we can offer the right combination of hardware,
Ste diversity Pritchard: training 08000 740 247 or ste@matrix247.com
Contact
Michelle Garlick: 0161 233 7330 or michelle.garlick@weightmans.com
callouts - whatever your requirement give us a call.
convergets.co.uk
Established in 2006, Converge Technology Specialists provide Hosted
3,000 staff relying on our services every day. Our services include
hosted desktop, co-location, hosted applications, managed IT support
and disaster recovery/business continuity from two UK datacentres.
We are familiar with many of the legal sector software vendors with
whom our team work on a daily basis for both our on-premise and
datacentre based clients. We are a Microsoft Gold Partner, Citrix Gold
Partner, IBM Business Partner and VMware Enterprise Solution Provider.
Contact
Aaron Naisbitt: 0845 872 4400 or aaron.naisbitt@convergets.co.uk
callouts - whatever your requirement give us a call.
Contact
Jason Dixon: 0844 8932919 or jasondixon@docutechsolutions.co.uk
Switchboard Support moneypenny.co.uk/legal
s upport for an in-house team or business continuity on an
WHAT IS MLS ADVANTAGE?
Dedicated Cloud computing for law firms including hosted desktop, colocation,
Contact hosted applications, managed IT support and disaster recovery/business
Joanna Swash: continuity 08000 199 from 944 two or joanna.swash@moneypenny.co.uk
UK datacentres
Viewpoint
Contact
Jason Dixon: 0844 8932919 or jasondixon@docutechsolutions.co.uk
Switchboard Support moneypenny.co.uk/legal
s
upport for an in-house team or business continuity on an ad-hoc basis.
service that’s endorsed by the Law Society and dedicated to taking care
of calls for the legal sector. Fully briefed by you, your own Moneypenny
Receptionist and small team will look after calls just as if based in your
Contact
Joanna Swash: 08000 199 944 or joanna.swash@moneypenny.co.uk
basis.
service that’s endorsed by the Law Society and dedicated to taking care
of calls for the legal sector. Fully briefed by you, your own Moneypenny
Receptionist and small team will look after calls just as if based in your
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mlsolutions4u.co.uk
ML Solutions provides cost effective anti-money laundering training
ETSOS provides a free-to-use online portal, incorporating our
‘search supermarket’ ordering platform, delivers the widest possible
selection of searches and reports to review, compare and select organise and manage their compulsory AML training obligations. All
– all the brands and multiple product lines together in one place,
backed up by value pricing, easy checkout and dedicated assistance. CPD hours.
Contact
David Opie: 01524 220001 or davidopie@etsos.co.uk
AML Training
Contact
Bill Jones or Sarah Scott: 0161 828 1937 or info@mlsolutions.co.uk
Telecoms : Connectivity : Mobiles
matrix247.com/law
and regularity. Compliance has a high priority along with low ongoing operating costs. Our portfolio
encompasses telephone systems, low-cost landline calls, mobile packages and implementing networks for
ADVANTAGE
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Ste Pritchard: 08000 740 247 or ste@matrix247.com

Professional Indemnity Insurance - Are
As we approach what is another busy
Solicitors’ Professional Indemnity
Insurance (PII) renewal date, 1st April,
practices will be conscious of the need to
ensure a good quality insurance solution
is in place despite the continuing soft
insurance market given the fact that, for
the withdrawal from the PII market of Elite
Insurance, one of the unrated Insurers,
after having only entered the market in
insurance-age/news/2444623/elite-
insurance-withdraws-from-solicitors-pi-
Coupled with this, your attention may
have been caught by the headlines
and Brokers each specialising within the
insurance-age/news/2444414/fca-hands-
and-other-insurance-schemes-failures
consider the security and longevity of
any PII proposition put to them, with a
focus not just on the insurer but on the
are very much the exception rather than
the norm, though nonetheless cannot
highlighted, somewhere between 35
departed the open market with most of
those having lasted no longer than three
The impending Insurance Act due to come
into force in August this year will mean
that many Brokers themselves will change
their approach when discussing their
Any such proposition should also
highlight other important insurance
covers which you will need to consider
as additional protection, which need to
these would be Cyber insurance given
the ongoing fraud and/or cyber threats of
which all are aware, which present an ever
true that many ‘cyber’ or fraud losses may
any gaps in cover and ensure the
appropriate policies are available so as
link below for previous bulletins issued on
If therefore you do have concerns with
regards to the above, or wish to discuss
what gaps in cover might be faced by
programme, please do not hesitate to
Risk Update
This article does not present a complete or
comprehensive statement of the law, nor
does it constitute legal advice. It is intended
only to highlight issues that may be of
interest to MLS members and solicitors.
Specialist advice should always be sought in
any particular case.
© MFL Professional 2016
MFL Professional is a division of McParland Finn Ltd.
McParland Finn Ltd is authorised and regulated by the
Financial Conduct Authority.
Richard Gledhill,
Executive Consultant - Financial Lines
E: richardg@m-f-l.co.uk
T: 0161 237 7725
M: 07984 879124
John Jones,
Development Executive
E: johnj@m-f-l.co.uk
T: 0161 237 7739
M: 07872 501955
Risk Update
Risk Update
Risk Update
Risk Update
Professional Indemnity Insurance - Are
As we approach what is another busy
Solicitors’ Professional Indemnity
Insurance (PII) renewal date, 1st April,
practices will be conscious of the need to
ensure a good quality insurance solution
Professional Indemnity Insurance - Are
As we approach what is another busy
Solicitors’ Professional Indemnity
Insurance (PII) renewal date, 1st April,
practices will be conscious of the need to
ensure a good quality insurance solution
consider the security and longevity of
any PII proposition put to them, with a
focus not just on the insurer but on the
are very much the exception rather than
the norm, though nonetheless cannot
consider the security and longevity of
any PII proposition put to them, with a
focus not just on the insurer but on the
are very much the exception rather than
the norm, though nonetheless cannot
consider the security and longevity of
any PII proposition put to them, with a
focus not just on the insurer but on the
are very much the exception rather than
the norm, though nonetheless cannot
any gaps in cover and ensure the
appropriate policies are available so as
any gaps in cover and ensure the
appropriate policies are available so as
any gaps in cover and ensure the
appropriate policies are available so as
ensure a good quality insurance solution
is in place despite the continuing soft
insurance market given the fact that, for
the withdrawal from the PII market of Elite
Insurance, one of the unrated Insurers,
after having only entered the market in
is in place despite the continuing soft
insurance market given the fact that, for
the withdrawal from the PII market of Elite
Insurance, one of the unrated Insurers,
after having only entered the market in
the norm, though nonetheless cannot
highlighted, somewhere between 35
departed the open market with most of
those having lasted no longer than three
The impending Insurance Act due to come
into force in August this year will mean
the norm, though nonetheless cannot
highlighted, somewhere between 35
departed the open market with most of
those having lasted no longer than three
The impending Insurance Act due to come
into force in August this year will mean
the norm, though nonetheless cannot
highlighted, somewhere between 35
departed the open market with most of
those having lasted no longer than three
The impending Insurance Act due to come
into force in August this year will mean
appropriate policies are available so as
link below for previous bulletins issued on
If therefore you do have concerns with
regards to the above, or wish to discuss
what gaps in cover might be faced by
programme, please do not hesitate to
appropriate policies are available so as
link below for previous bulletins issued on
If therefore you do have concerns with
regards to the above, or wish to discuss
what gaps in cover might be faced by
programme, please do not hesitate to
link below for previous bulletins issued on
If therefore you do have concerns with
regards to the above, or wish to discuss
what gaps in cover might be faced by
programme, please do not hesitate to
insurance-age/news/2444623/elite-
insurance-withdraws-from-solicitors-pi-
Coupled with this, your attention may
have been caught by the headlines
insurance-age/news/2444623/elite-
insurance-withdraws-from-solicitors-pi-
Coupled with this, your attention may
have been caught by the headlines
into force in August this year will mean
that many Brokers themselves will change
their approach when discussing their
Any such proposition should also
highlight other important insurance
covers which you will need to consider
as additional protection, which need to
into force in August this year will mean
that many Brokers themselves will change
their approach when discussing their
Any such proposition should also
highlight other important insurance
covers which you will need to consider
as additional protection, which need to
into force in August this year will mean
that many Brokers themselves will change
their approach when discussing their
Any such proposition should also
highlight other important insurance
covers which you will need to consider
as additional protection, which need to
programme, please do not hesitate to
This article does not present a complete or
comprehensive statement of the law, nor
does it constitute legal advice. It is intended
only to highlight issues that may be of
interest to MLS members and solicitors.
Specialist advice should always be sought in
any particular case.
programme, please do not hesitate to
This article does not present a complete or
comprehensive statement of the law, nor
does it constitute legal advice. It is intended
only to highlight issues that may be of
interest to MLS members and solicitors.
Specialist advice should always be sought in
any particular case.
programme, please do not hesitate to
This article does not present a complete or
comprehensive statement of the law, nor
does it constitute legal advice. It is intended
only to highlight issues that may be of
interest to MLS members and solicitors.
Specialist advice should always be sought in
and Brokers each specialising within the
insurance-age/news/2444414/fca-hands-
and-other-insurance-schemes-failures
Richar
and Brokers each specialising within the
insurance-age/news/2444414/fca-hands-
and-other-insurance-schemes-failures
these would be Cyber insurance given
the ongoing fraud and/or cyber threats of
which all are aware, which present an ever
true that many ‘cyber’ or fraud losses may
Richard Gledhill,
these would be Cyber insurance given
the ongoing fraud and/or cyber threats of
which all are aware, which present an ever
true that many ‘cyber’ or fraud losses may
these would be Cyber insurance given
the ongoing fraud and/or cyber threats of
which all are aware, which present an ever
true that many ‘cyber’ or fraud losses may
any particular case.
© MFL Professional 2016
MFL Pr
McParland Finn Ltd is authorised and r
Financial
John Jones,
any particular case.
© MFL Professional 2016
MFL Professional is a division of McP
arland Finn Ltd is authorised and r
Financial Conduct Authority.
John Jones,
of McParland Finn Ltd.
arland Finn Ltd is authorised and regulated by the
M:
T:
E:
Ex
07984 879124
M:
T: 0161 237 7725
richardg@m-f-l.co.uk
E:
Executive Consultant - F
.uk
onsultant - Financial Lines
07872 501955
M:
T: 0161 237 7739
johnj@m-f-l.co
E:
Development Ex
07872 501955
0161 237 7739
johnj@m-f-l.co.uk
elopment Executive

Look, Feel & Perform Better: 5 Ways To Get Your Breakfast Right
One recurring story we hear from of our clients is that breakfast is the toughest meal of the
day to get right, or to get at all!
You know how it is; you’re trying to wring every second of hard-earned sleep out of your
pillow, your alarm goes and it’s a headlong rush to your desk – often via helping out with
the kids, not putting your clothes on back to front, checking your emails, and a fraught commute
in.
Breakfast takes a back seat, resulting in a missed opportunity to fuel your body and mind
for success:
1/ Breakfast basics: ideally your breakfast should be actual food, which means it should be
nutrient dense and include fats, proteins, and carbohydrate. Toast, cereal, and other modern
concepts of breakfast pushed by the food industry don’t fit the bill.
2/ Be organised: as always, if it’s not in the fridge or cupboard, it’s not going to happen. You’ll
need to be prepared by ensuring you’ve thought about it and got what you need!
3/ NutriBullet your way to quick and easy breakfast success: If you haven’t got one, get one.
While I’m not a fan of passing fads, the NutriBullet has changed more of my clients breakfast
habits than any other single piece of advice I’ve given.
What to put in it? Frozen berries, greens such as kale, spinach, celery, any other veg, such as
peppers, nuts and seeds, coconut in all its forms, and whey protein (from a good, grass fed
source), plus water.
It takes less than 3 minutes and if you’re in a rush you can pop a top on it and take it with
you on the commute. You can even make an extra one as a snack, putting some ice cubes
in it to keep it fresh for later in the day.
4/ If you have more time, options such as steak and eggs, salmon and nuts, omelette and
avocado, plus some fruit or vegetables, can be quick and effective ideas, especially at the
weekend.
5/ Don’t have breakfast! Yes I know, it sounds counter-intuitive and is against everything
your Mum ever told you. Missing breakfast and fitting all of your food intake into a defined
8 hour window such 11am-7pm (known as Intermittent Fasting or time restricted eating)
can be highly effective, especially if your goal is fat loss rather than muscle gain.
To your new lean and healthy body,
Matt
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28 Lifestyle
The W rld
according to Fran
Well you may be interested to know that it took Jack
until the 27th January to get sick and fed up of “Lodger
Status”.
I think that he got bored with takeaways every night from
the local Indian (who, now that he is “back in the fold”, will
probably go bust.) He may as well have set up a direct debit
for his wages to go straight to their bank account!
He would come home and give them a ring and here is how
the conversation went from his side –
Hi……………………
Yes it’s me……………………..
Yes usual please………………….
See you in a bit…………………………….
Thanks Boss………………………………
He didn’t even have to give his name or tell them what he
wanted as he had eaten there so regularly since the commencement
of “Operation Lodger Status”.
This particular Indian Restaurant do do take aways but you
have to collect them. It is only a couple of minutes away by
car from our house, or a ten minute walk at most, and after
a couple of weeks of Jack eating there every night they
started to send a waiter to drive Jack’s meal to him. Only
Jack……………….!
He may also have got a bit cross at having to do his own
washing especially when he left a tissue in his black work
pants and they came out looking like they had dandruff.
Oh how I laughed! I didn’t really – well, if I am honest, a little
bit inside.
I kept on telling him to check his pockets!
It got to day 27 on the stand off and he told me, yet again,
that he was going to tidy his bedroom.
To be quite honest I lost it with him. I screeched at him, with
eyes bulging, my veins sticking out and face getting redder
by the minute – “I am NOT interested anymore Jack. Keep
the door to your room shut and when, and ONLY when, you
have tidied your room, then come and tell me about it”.
That must have really shocked him as he actually tidied it up.
You could have knocked me over with a feather when he
came downstairs a couple of hours later to tell me that he
had done it and would I come and inspect it.
It was, by his standards, passable. He had made an effort.
He had hoovered (a strip up the middle of the carpet) and
polished (around everything) but he had done it. He had
also made his bed (well pulled the quilt up off the floor and
put it on top of the bed).
I was so happy and he was so happy. We went to get Peter
to come and inspect the room. He was so happy. Daisy the
dog came into the room and ran around a bit and she was
so happy too – probably because we were so happy.
I think that Jack really wanted to give me a hug as he was so
pleased with himself and so chuffed that he was off lodger
status and on family member level but he thinks he is far too
old for physical contact of any kind with his aged mother.
Peter and I looked at each other as Jack squirmed around.
We were wondering what on earth he was going to say or
do.
Finally he said “er, er, do you, would you, er how about a family
game of monopoly?”
How Peter and I didn’t die laughing on the spot I don’t know.
We did get out the monopoly set out and as usual I bankrupt
myself as Jack had hotels on everything including Mayfair
and Park Lane!
He has carried on cleaning his room and bathroom after a
fashion and is doing his own washing.
We are now back to normal as he has also carried on not really
speaking to me (I think that, now the euphoria of being
back in the fold has worn off he is still cross that I gave him
Lodger Status)
This is what I have to put up with - here is a photo of him
getting a lift into work with me the other morning –
Our next problem is going to be when he isn’t able to go on
holiday with his dad in May as he has lost his passport. I
have told him and told him (as you can imagine) to get a
new one and to do it soon. Knowing Jack I doubt that he
will and I am not sorting it out. His dad has already paid for
the holiday so batten down the hatches!
Fran Eccles-Bech
Chief Executive
Monthly Competition
Fine dining and cocktails arrive on Manchester’s King Street.
Quill offers a fine dining journey that is a celebration of taste and indulgence of the finer
things with a fantastic cocktail list, opulent bar, exclusive private dining area and an expertly
crafted menu offering.
The restaurant is headed up by Curtis Stewart and the menu has been described as modern
British cuisine, with European influences. Curtis brings many years of sector success
and ingenuity with food to Quill- creating menus and dishes that bring an entirely new
dining experience to Manchester.
Curtis has an extensive background in this sector and is well known within his field for his
attention to detail and passion for his work. He takes the best yet simple ingredients and
elevates them to new heights to create stunning dishes. His innovation turns the ordinary
into the extraordinary causing guests to fully submerge themselves in the gastronomic experience.
Quill aims to not only to deliver exceptional food, but an experience which plays
on perception and touches on nostalgic memories, without the traditional formality.
With 2 private drinking rooms, and one private dining room overlooking the stunning King
Street, Quill is the perfect setting for corporate entertainment. We are available for private
hire of all, or individual space, and can work with you to make that all important event unforgettable.
To win a 3 course meal for 2 with complimentary bottle of house wine
Q – How many private drinking rooms are available at Quill?
and send to FranEccles-Bech@manchesterlawsociety.org.uk no later than 10th March 2016.
The winner of the Don Giovanni competition was Sebastian Clegg of Deans Court Chambers

CHIC,
ALL-DAY DINING
AND COCKTAIL BAR
FROM THE AWARD
WINNING INDEPENDENT
SAN CARLO GROUP
WINNER OF RESTAURANT OF THE YEAR 2015
1 St Peters Square, Oxford Road,
Manchester, M1 5AN

Classified Directory
Locums
Commercial Property Locum
Solicitor available.
Computer literate. Recent experience
includes a year’s Commercial
Property Locum work for a leading
commercial practice. Phone Paul
Bryson at 01457 763340 or e-mail
paul.bryson@virgin.net
Senior residential and
commercial property Solicitor with
over 4 years continuous Locum experience
offers you cost effective
solutions for holiday maternity and
sickness cover .No Agency fees to
pay. Please
contact Martin Libman on 0161
485 1240 or 07939 508543.
18 years as Locum Solicitors in the
North West. Tel John Bradley/Lynda
Greenwood 07790 612906 Available
to deal with Conveyancing
and Family.
Shareholder Disputes
Solicitor with 23 years
experience in such matters
available on an Agency basis
to assist firms who wish to
keep clients in-house.
Please contact by email
harryrosenblum@hotmail.co.uk
or telephone/fax:
0161 445 1850
Locums Expert Witnesses To advertise in the Messenger
pleae call Julia on
Expert Witnesses
01253 829431 or visit
www.locallawsocietypublications.co.uk
WHY PAY AGENCY FEES?
Senior Residential Property
Solicitor with over 30 years
conveyancing experience (29 years
as a sole practitioner) available for
holidays, maternity and
sickness cover. Reasonable rates. If I
can help, please telephone David
on 07896 617287 (or email
davidswann8491@hotmail.co.uk)
further details and availability.
DUAL QUALIFIED, very experienced
criminal specialist advocate with
higher rights. Crime work and
Crown Court work. Very reasonable
rates, short term locum contract
considered.
Please contact Christine on 01772
741816 or 07967 530138
Notary Public
Notary Public
John Cusack
worldwide documents
Notarised
accessible & efficient service
home & office visits
well-established (since 1984)
& experienced
tel: 0797 332 9791
jocusa@live.co.uk
Situations Wanted
Senior Residential Property
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seeks position
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Over 30 years conveyancing
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Anywhere in the Greater
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Email: davidswann8491@hotmail.co.uk
or telephone David on
07896 617287
Please mention
The Messenger when
responding to advertisements
Lifestyle/Gifts
Mark Mattison, a Mediator
based in South Manchester is
available for commercial
mediations and for training on
all forms of ADR.
07831 302797
mark@markmattison.co.uk
www.markmattison.co.uk
Woodpecker Bakery
We provide bespoke baked
goods made to order.
Our specialities include
brownies, salted caramels
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Ideal gifts for family, friends,
clients or just to say thank
you.
Contact us on
carla@woodpeckerbakery.com
or
07834073628
to discuss your personal
quotation

October 09
31
At Clayton Legal your talent matters...
Personal Injury Paralegal Manchester
A fantastic law firm is looking for an experienced
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