Manchester Messenger July 2016

julia2204

July 2016

October 09

1

North West Law

Birmingham Bombings Inquests

Jonathan Wall of Burton Copeland outlines the background

to the Birmingham Bombings and the reasoning behind the

re-opening of the inquests...

In the early evening of

21st November 1974, two

devices exploded, within

a few minutes of each

other at the Tavern in the

Town and Mulberry Bush

public houses. Fourteen

men and seven women

were killed and approximately

200 injured in

what was, at that time, the

worst terrorist attack in

England.

The original inquest was

opened a few days after the

attacks but was adjourned

due to the ongoing criminal

investigations in what is still

to this day probably the

biggest murder investigation

ever conducted by

West Midlands Police.

Six men, later dubbed the

"Birmingham six", Paddy

Hill, Gerry Hunter, Johnny

Walker, Hugh Callaghan,

Richard McIlkenny and Billy

Power were later charged

and convicted of 21 offences

of murder on 15th

August 1985 and sentenced

to life imprisonment. From

their prison cells they embarked

on a relentless campaign

for justice which took

them to the Court of Appeal

three times and 16 years before

eventually achieving

success and release from

prison.

It’s not often that I refer to

myself as young nowadays,

but I am too young to recall

where I was when the Birmingham

bombs took place.

However I do have vivid

memories of seeing the images

of the Birmingham six

outside the Old Bailey when

their second appeal hearing

was concluded on the 14th

March 1991 and resulted in

their convictions being

quashed. I had recently

started work with defence

lawyers Burton Copeland

and clearly remember that

the case was the talk of the

legal profession for months

and was being described as

the biggest injustice of the

twentieth century. I remember

the feeling of disbelief

that that sort of this could

happen in Britain and it is a

story has stuck with me

throughout my career.

Despite the quashing of the

convictions the inquests have

never reopened and the families

of the deceased have also

campaigned for justice for years...

Despite the quashing of the

convictions the inquests

have never reopened and

the families of the deceased

have also campaigned for

justice for years. They met

with the Home Secretary

Theresa May in March 2015

and lodged an application

to resume the inquest with

the Attorney General which

culminated in preliminary

hearings before Senior

Coroner for Birmingham,

Louise Hunt earlier this year

when submissions were

heard from lawyers of Properly

Interested Persons.

Despite objections from

those representing West

Midlands Police that that

she had no power, on 1st

June 2016 the Coroner

ruled that the inquests

should resume. She determined

that although it was

not mandatory, she did

have such power and the

question she had to consider

was whether there

was “sufficient reason to resume?”

Her conclusion was

that there was and it is anticipated

that a resumed inquest

is likely to start next

year.

It is likely that the determination

in this inquest will be

that the deceased were undoubtedly

unlawfully killed.

But, in addition to the main

function of an inquest in establishing

who, where and

how the deceased came by

his or her death, the coroner

also has a duty to issue a

prevent future deaths (PFD)

report where there is a concern

that there may be a risk

that other deaths would

occur. The Human Rights

Act of 1998 also impacts on

the scope of an inquest, as

although the inquest is not

required to investigate

other non-causative matters,

the scope of the investigation

must cover

non-causative system failures

to enable the coroner

to make the PFD report.

In deciding that an inquest

would be resumed it is clear

that this was in her mind as

it is understood that two

district matters were outlined

in her judgement.

Firstly the fact that there

was evidence that required

further investigation that

the state did have advance

warnings of the attacks and

may not have taken all reasonable

steps in response,

and, secondly that there

was a need to investigate

whether any of the victims

might have been saved by

quicker treatment.

It is also interesting that the

judgement by the Coroner

came only days after M15

increased the threat level of

an attack on the UK mainland

from moderate to substantial,

meaning that an

attack relating to Northern

Ireland terrorism is a strong

possibility.

In terms of the volume material

which has been accumulated

from the various

organisations involved over

the past forty years, coupled

with problems with disclosure,

issues of national security,

disputed forensic

findings, missing exhibits,

alleged evidence of corruption

and perjury against

WMP officers and the fact

that many witnesses are no

longer with us, it is obvious

that the Birmingham Inquests

are likely to be considerably

complex in nature

and will go on for some

time.

Jonathan Wall

But, we must remember

that they will be the first

time since 1974 that the

families will be entitled to

participate in questioning

witnesses as to the circumstances

surrounding the

deaths of their loved ones

and whether they might

have been prevented. It is

clearly the beginning of the

end for them and I will be

watching with keen interest.

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Contents 3

North West Law

July 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

Hall Brown Family Law strengthens team

with three expert appointments

Mark Farrell appointed as Managing

Director at Hilary Meredith Solicitors

Maurice Watkins treble success

6

8

10

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

Danielle Best, Weightmans LLP

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

Pannone Corporate advises Stockportbased

Abney Garsden on Simpson Millar

acquisition

12

Published by

Mark Farrell

page 8

FEATURES

City Profile

In this edition Sandie Gaines of

The University of Law in Manchester talks

to the Messenger

9

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

Nigel Day

page 14

In conversation with Nigel Day on his

retirement as a Law Society Council

Member

REGULARS

News from the President

14

5

All rights reserved, reproduction in whole or part

without written permission from the Publisher and

Manchester Law Society is not permitted.

Photographic material and manuscripts are supplied at

owners risk, neither the company not its agents accept

any liability for loss or damage.

The Society welcomes articles and letters from members

on any topic and items should be sent to the above

address

Regulation Update

page 7

Regulation Update

Monthly Competition

Win a meal for four with a complimentary bottle of house

wine at Busaba

18

29

The views and opinions expressed in the Manchester

Messenger are those of the individual contributors and

not of the Manchester Law Society

Printed by

Buxton Press


4 Manchester Law Society News

News from Bridge Street

!

Manchester Law Society’s

Professionals’ Dinner Club

Monday 18 July 2016

Throughout the month of May, the jewel of Spinningfields, Neighbourhood briefly

closed its doors to undertake a major £1m refurbishment and we are delighted that

this will be the next venue of our Manchester Professionals Dinner Club.

The new look all-day eatery and bar has interiors designed by Edwin Pickett, the aficionado

behind famed local restaurants ‘Australasia’ and ‘Tattu’, and of course, Neighbourhood’s

original design.

Neighbourhood melds a brasserie atmosphere with European and new American

cuisine, offering accessible, refined all-day dining for local residents, shoppers, businesses

and tourists alike.

Under the careful stewardship of their Operations Director, Ciaran Hogg, formally

General Manager of Manchester House, Neighbourhood will continue its legendary

status, ensuring it has something for everybody.

TIME: 6.00pm for 6.30pm

COST: £48.00 including VAT (Includes a welcome drink, 3 course meal and a half

bottle of Wine)

This is an informal inter professional social networking event and we hope that this

will be an opportunity for:

• You to mix and network for both business and social purposes

• Provide a social platform to build professional networks

• Get to know other business practitioners facing the same issues in practice

and discuss matters relevant to your business with likeminded people

• Meet people from other professions and practices, which may result in

cross referral of work

• Enjoy a superb menu and have a fantastic evening with old and new

friends

MENU

Arrival drink

Glass of bubbles!

STARTERS

Tempura Prawns, Wasabi Mayonnaise

Wild Mushrooms on Toast, Creamed Wild Mushrooms, Toasted Brioche

Salmon Tartare, Soy Dressing, Spring Onion, Orange, Crispy Lotus Root

Lil’ Burgers, Wagyu, Truffled Mac Sauce, Cheddar, Brioche

MAIN COURSE

USDA Strip Steak, Rosemary Salt, Caramelised Shallot Butter, Herb Chips

Roast Cod, Mixed Beans, Chorizo, Padron Peppers

NBHD Burger, Mac Sauce, Toasted Pretzel Roll, Mature Cheddar, Streaky Bacon, Fries

Seasonal Risotto, Parmesan, Truffle Oil

DESSERTS

Baked New York Cheesecake, Served Whole

Chocolate Éclair

Box of Donuts

What people are saying about the Professionals Dinner Club;

“The Dinner Clubs are always a great opportunity for networking with other legal professionals

and perhaps more importantly, across the business spectrum, with the added

bonus of trying out some of Manchester’s finest restaurants into the bargain”

Michael Hardacre, Slater and Gordon Lawyers

“It has always been a pleasure to attend the Professionals’ Dinner Club spanning a number

of years for me. It is always great to meet new people on your table. The enjoyment

comes from the atmosphere, the people, the food - well everything! It is such a delight

that we come back time after time. The feedback from all our guests is always positive.

Everyone has expressed that they had so much fun and that the food and venues have

always been superb. One of the best, if not the best, networking event for professionals in

Manchester.”

Gary Cook, Partner & Head of Legal Sector at Booth Ainsworth LLP

If you would like to attend please contact Hollie Hurst

HollieHirst@manchesterlawsociety.org.uk

!

Forthcoming Events

Internet and Social Media Law Conference

Wednesday 21st September 2016

Hilton Hotel, Deansgate, Manchester M3 4LQ

CPD: 5 hours

Social media and the internet provide fantastic opportunities in communicating

with clients and potential clients, as well as friends and family. But what happens

when you, or your employees, share too much? What are the legal implications?

What data needs to be protected and how do you keep it safe?

09:00 Registration, refreshments and networking

09:30 Welcome and introduction

Steve Kuncewicz, Head of IP & Media, Bermans and Council Member of Manchester

Law Society & Law Society of England & Wales

09:40 Employment and social media

Paul Chamberlain, Head of Employment, Brabners

10:10 Advertising, marketing and social media

Steve Kuncewicz, Head of IP & Media, Bermans and Council Member of Manchester

Law Society & Law Society of England & Wales

10:40 Refreshments and networking

11:10 Panel session: Criminal Law and social media

Nick Cassidy, Donald Race Newton

Amanda Coleman, Greater Manchester Police

TBC, Crown Prosecution Service

Tim Storrie, Lincoln House Chambers

11:40 "Right To Be Forgotten" Update

Christina Michalos , 5RB

12:10 Networking lunch

13:10 Defamation, Data Protection and alternative causes of action

Richard Munden, 5RB

13:40 Key case update: Morrisons

Nick McAleenan, JMW Solicitors LLP

14:10 Refreshments and networking

14:40 Data Protection and Cyber Security – New Kids On The Block?

TBC, ICO

15:10 Panel session: Managing Reputation in the Digital Age

Richard Munden, 5RB

TBC, ICO

Nick McAleenan, JMW Solicitors LLP

Jason Searle, St Johns Buildings

Dan Nolan, The E Word

Anna Wilson, Tangerine PR

16:10 Chair’s closing remarks

16:30 Close of conference

Cost to attend:

MLS Members £110.00 + VAT (£132.00) Non-members £150.00 + VAT (£180.00)

What’s all the noise about Noise Induced Hearing Loss?

Tuesday 14th June 2016

Venue: Manchester United Football Club, Sir Matt Busby Way, Old Trafford, Manchester,

M16 0RA

This is a fully comprehensive conference on NIHL covering;

· The changing market and how to run cases successfully

· The perils and pitfalls of dealing with NIHL and how to avoid them

· The future of NIHL; emerging legal and causation arguments

Conference Programme

09:00am

Registration;

09:30am

Chairman`s Welcome

09:45am

NIHL: Turning up the volume: The changing market and how to success

fully run claims

Karen Jackson, CEO, Roberts Jackson

10:30am

Coffee Break

10.50am

The perils and pitfalls in running a NIHL book – how to avoid them

Zoe Holland, Founder & Managing Director, Zebra LC

11.30am

Panel debate: The current market and the Future of NIHL;

Karen Jackson, Roberts Jackson,

Zoe Holland, Zebra LC,

Professor Mark Lutman,

Dominic Weir Slater & Gordon

12:45pm

Lunch;

1.45pm

Quantification of Noise Induced Hearing Loss

Professor Mark Lutman

2.30pm

Panel debate: Legal issues in NIHL including causation, limitation and

breach of duty .

Professor Mark Lutman

Dominic Weir, Slater & Gordon

David Wynn, Clyde & Co

Judge Allan Gore QC

3.30pm

Chairman’s summing up and closing remarks

MLS Members £130.00 + VAT (£156.00) Non Members £170.00 + VAT (£204.00)

Price includes light refreshments, lunch and course materials.

To book a place on any of the above events, please email

victoriaridge@manchesterlawsociety.org.uk or

CarlaJones@manchesterlawsociety.org.uk


President’s Column

5

5

From the President

I have spoken this month

with Mark Fitzgibbon,

Head of Commercial and

IP at Hill Dickinson, in

Manchester. As a preface

to my conversation, I

should say that I was most

interested to find out

what practitioners in noncontentious

practice

areas are getting on, especially

in the corporate

and commercial arenas.

Mark’s been a partner at Hill

Dickinson for 6 years, specialising

in non-contentious

commercial and public procurement

work with a focus

on working with clients in

the public sector, including

healthcare, local government

and education

providers. He heads up a

team of 8 fee earners and

has been in post as head of

the team for 2 years. A large

part of the focus of their

winning new work involves

having to tender directly or

to be on frameworks of

legal services providers for

commercial work for large

public sector bodies such as

NHS England, Health Education

England, Local Authorities

(via the North West

Legal Consortium), health

commissioners and

providers (including large

acute, mental health and

community NHS Trusts). It

is, not unsurprisingly, an extremely

competitive sector,

especially since the downturn.

As public sector resources

have been

squeezed, so has the pressure

on legal spend. The

North West Legal Consortium,

for example is a

grouping of public authorities

collaborating in the

procurement and provision

of their legal services to the

respective authorities. Of

course the commercial rationale

for an organisation

like NWLC is to maximise efficiency,

increase the effectiveness

of their external

legal support and avoid

multiple procurements having

to be undertaken - you

can’t argue with that in

principle. Mark’s firm are

partners on the NWLC

framework which is, in effect,

a legal provider panel;

that then gives the firm the

opportunity to compete for

mini tenders for pieces of

work as and when they

come up for all participating

members. The effect in

practice is constantly having

to think on your feet

and be as lean and responsive

as possible, particularly

when complex opportunities

often arise at very short

notice.

Inevitably, if the piece of

work seeks a fixed or

capped fee it means that

Mark, with his broad experience

of competitive tendering,

is required to be able to

price individual pieces or a

book of work but it does

mean that he needs to be

acutely aware of how to resource

individual pieces of

work, often requiring specialist

input, in order for it to

stack up financially.

The theme, as ever, is that it

is tough out there and very

competitive, such as it always

has been, but in order

to be able to compete (and

remain profitable at the

same time), firms servicing

public sector clients in particular,

have had to rethink

their provision and pricing

models quite dramatically –

relying, where feasible, on

paralegal provision.

This speaks of course, to another

underlying theme,

across the profession, that

is, in blunt terms, that of

deskilling. I don’t wish to

undermine the qualities of

paralegals in any way. They

play a vital role in most

legal services businesses

now and contribute enormously

to these organisations.

What I do have some difficulty

with is that the proliferation

of undergraduate

courses in the last 10-15

years in further education

institutions has led to a glut

of law graduates. On top of

that are the dozens of different

post graduate legal

services providers, who the

undergraduates feed into,

resulting in increasing debt

at a time when the chance

of qualifying as a solicitor at

the end of it has become

ever more remote.

The first cohort of graduates

under the increased

£9,000 a year tuition fees

have come through the system

and with them now

taking on CPE and LPC debt

to then try and qualify as a

solicitor in a market place,

more competitive than it

has ever been, is a very difficult

proposition.

I have heard it said that one

of the reasons there are so

many law graduates these

days is that in very simple

terms putting on a law degree

course is considered to

Michael Hardacre

be a cheap option by universities

which I think is a

sad indictment of our further

education system. Supply

and demand hasn’t

worked. There are too many

young graduates coming

out of the universities and

Continued on page 6

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6 Movers & Shakers

Pannone Corporate appoints Tim

Hamilton as Corporate Partner

Law firm Pannone Corporate

has appointed one of

the region’s most experienced

private equity and

M&A lawyers as a partner

to its corporate team.

Tim Hamilton has joined

Pannone Corporate from

gunnercooke where he was

also a partner. His previous

roles include five years as

Managing Partner at Andersen

Legal before spending

12 years at Addleshaw Goddard

where he was a corporate

partner and then head

of Clients and Markets.

Tim has a wealth of private

equity and M&A experience

having spent more than 25

years in the Manchester

market advising private equity

houses and some of the

region’s top public and private

companies on major

transactions.

Tim said: “After many years

in the industry, I know that

I’m at my best working with

and alongside entrepreneurs.

Pannone Corporate is

an entrepreneurial law firm

with a clear vision and an

obvious choice for dynamic

and fast-growing clients

with ambitious aspirations. I

am looking forward to helping

these clients achieve

their goals through securing

external investment and

mergers and acquisitions.”

Pannone Corporate Managing

Partner Paul Jonson

said: “Tim is highly respected

in the dealmaking

community and enjoys excellent

relationships with

the region’s private equity

houses. We will benefit

greatly from his relationships,

knowledge and expertise.”

Promotions follow strong year for Hill Dickinson’s

Employment and Pensions team

International law firm Hill

Dickinson has bolstered

its Employment and Pensions

team after reporting

a strong year-end across

the group.

Paula Warnock and Michael

Wright have both been promoted

to Partner. Paula has

been with the firm for over 3

years and specialises in Pensions.

Paula’s technical ability

has assisted clients with

historical drafting problems

and preparing complex rule

amendments. In addition,

Paula has recently been instructed

by a number of

schemes to implement closure

and winding up projects.

Michael Wright has also

been with the firm for three

years, and is a national expert

in issues concerning

the training of medical professionals.

He recently successfully

represented a

client in a significant case

concerning the application

of whistleblowing protection

to all junior doctors in

training.

The Pensions team, led by

Barry Gibb in Manchester,

now stands five strong and

services a raft of clients

across the North West and

nationally. The team has

grown rapidly overly the

last 3 years and aims to

achieve a turnover of £2m

by 2018.

Barry Gibb, head of Pensions

at Hill Dickinson said:

“Hill Dickinson is committed

to investing in quality talent

to support its growth and

Paula is a prime example of

this. The team has grown

significantly over the past

couple of years and Paula

has played an integral role.

I’m delighted to announce

her promotion.”

Andrew Gibson heads up

the Manchester arm of the

12- strong specialist NHS

Employment team.

Andrew said: “Michael’s promotion

to partner in the

NHS Employment team is

testament to the continued

importance the firm places

on its expertise in this area,

and Michael’s extraordinary

success. The team can be

confident of continued

growth and exceptional

client quality led by

Michael’s example.”

Paula Warnock

Michael Wright

Hall Brown Family Law strengthens team

with three expert appointments

Hall Brown Family Law has

boosted its growing team

with the appointments of

a Senior Associate, Associate

and Solicitor only six

weeks after opening its

doors in King Street, Manchester.

Eleanor Aguirre joins as Senior

Associate, with Laura

Guillon as Associate, and

Alice Couriel, Solicitor. All

three were part of the family

team assembled by Hall

Brown founders, Sam Hall

and James Brown, when at

JMW Solicitors and instrumental

in raising the family

department from a Tier 4 to

the top Tier 1 ranking.

With more than five years’

experience in all areas of

family law, Eleanor Aguirre,

who is also fluent in Japanese,

has particular expertise

in complex contact disputes,

international relocation,

drug and alcohol

concerns, and allegations of

harm toward children.

Eleanor adds: “Like Sam and

James, I believe it’s more important

to invest time with

clients, and offer empathy

and a quality service, rather

than have a high volume of

cases. It’s exciting to be invited

to join a firm with such

respected individuals, a

strong shared ethos and be

involved in its development.”

Joining as an Associate,

Laura Guillon, is experienced

in working with high

profile individuals, cases involving

complex trust assets,

property abroad and

pre-marriage issues. Half-

French, bilingual Laura says:

“Having previously worked

with Sam and James for two

years, I am delighted to be

reunited and join Hall

Brown Family Law. I am a

huge fan of straight-talking

and cutting through corporate

legal jargon, and

strongly believe clients appreciate

honest answers

from professional and empathetic

advisors – that’s

why they recommend

lawyers they trust.”

Solicitor, Alice Couriel,

trained under Sam and

James at JMW and has been

Back, L to R: Ele Aguirre, Laura Guillon and Alice Couriel.

Front: Sam Hall and James Brown.

involved in a range of family

law disputes, including

complex high value financial

settlements and private

children law proceedings.

The 25-year-old said: “It is

particularly exciting to be

involved with a new firm so

early on in its evolution.

And to know, trust and admire

your colleagues creates

such a positive,

mutually respectful and optimistic

atmosphere. The future

looks bright.”

Hall Brown co-founders,

Sam Hall and James Brown,

added: “We are delighted to

get the old team back together.

Ele, Laura and Alice

are excellent lawyers and

are committed to delivering

the service that our clients

deserve and expect. We

could not have asked for a

better start for the firm. As

well as the clients who followed

us, we have had a

record number of new

clients in the first few weeks

of trading and, as a result,

require several other members

of staff which is very

exciting.”

President’s Column

continued...

not enough jobs as solicitors for them at the end of the process. I reiterate that paralegals

have an important role to play, but there is no question that many school leavers commence

law undergraduate courses blissfully unaware that the chance of them qualifying

as a solicitor several years down the line is increasingly remote.

I’ll come back to this in later columns as the recent consultation on the introduction of a

Solicitors Qualifying Examination closed in April 2016 following much debate and discussion.

I will be discussing that in more detail with Julie Brannan, the SRA’s director of Education

and Training and will report back, so watch this space.

Michael Hardacre

President

The deadline for the August

edition of the Messenger

is 14th July 2016

Email

j.baskerville@jbaskerville.co.uk


Regulatory Affairs Committee Update

On 8 and 9 June, I had the

great pleasure of chairing

the Liverpool and Manchester

Law Societies’ annual

regulatory

conferences. We had excellent

speakers on a wide

variety of subjects so, for

those of you who were unable

to attend, I will use

this opportunity to update

you on some of the

key messages from the

conferences.

SRA

The SRA’s focus was on the

new consultation “Looking

to the Future”, released only

a week prior to the conferences

so it was very new to

everyone. This is probably

the most significant consultation

issued by the SRA

since the proposed introduction

of OFR in 2010. You

will have heard of the SRA’s

plans to reduce the size of

the Handbook and we now

have the detailed proposals

as to how the SRA plans to

do this. The intention is to

reduce the number of Principles

from 10 down to 6

and to then have 2 Codes of

Conduct, one for individual

solicitors and the other for

firms. The Codes have been

reduced in size and content

too with the solicitor code

stretching to only 7 pages

and the firm code being 6

pages long. The intention is

to provide guidance and

toolkits in the form of case

studies/decision trees etc to

help firms and individuals

understand what is expected

of them. Those delegates

in Manchester had an

opportunity to look at some

of the case studies the SRA

has annexed to the consultation

and I think it is fair to

say that they were unimpressed

with them as tools

that would assist. Take a

look for yourself and let me

know what you think! The

other part of the consultation

relates to access to justice

and the proposal to

allow solicitors to deliver

services to the public as solicitors

in unregulated businesses.

This is just as

important a proposal and

requires a great deal of consideration

so I urge you all

to read the consultation,

watch the SRA’s webinars,

engage in the debate and

feed back either direct to

the SRA, or through your

local law society contacts.

The consultation is open

until 21 September.

Accounts Rules

Continuing with the theme

of consultations, Manchester

delegates also heard

from Andrew Baker of RSM

accountants on the different

approach now being

adopted by reporting accountants

following revisions

made in November

2015 with the focus now

being on the risks to client

money and providing qualified

reports only were there

have been material

breaches and/or significant

weaknesses in the firm’s systems

and controls. He also

discussed the proposed

changes to the Accounts

Rules (the consultation on

this is running in parallel to

the consultation on the revisions

to the handbook I

mentioned above) involving,

again, a slimmed down

version with a redefining of

client money. Again, have a

read of the consultation and

feedback your views.

Legal Ombudsman

Kathryn Stone, chief Legal

Ombudsman, was very well

received and spoke about

the importance of signposting

clients to the LeO in the

final decision letter. She expressed

“disappointment

and dismay” at the number

of firms who fail to signpost

and even where the firm

does signpost, many provide

the wrong details!

Check your complaints policy

and procedures to ensure

you don’t end up

having to pay a case fee for

something that can so easily

be rectified. She also confirmed

that the LeO will be

looking in more detail at the

issue of third party complaints

and the case fee debate

so watch this space for

further developments.

The Information Commissioner

also spoke at the Liverpool

conference about

the GDPRs and the importance

of reviewing your

data protection procedures

now so that you are geared

up for the changes ahead.

Fraud

Mickaela Fox of Weightmans

gave a detailed review

of fraud issues affecting law

firms including mortgage

fraud and money laundering,

personal injury/EL and

PL claims and cyber crime

and provided a number of

very useful tips for avoiding

falling victim to such scams.

Reviews of your policies and

procedures, the need for

training of your staff and

audit/testing were recommended

as essential steps

all firms need to be taking.

Sara Hutton of RBS Bank

also provided a useful insight

into cyber attacks

from the bank’s perspective

at the Manchester conference.

AML

Continuing the fraud

theme, Jonathan Fisher QC

gave a thoroughly engaging

and interesting update

on recent AML case law at

the Liverpool conference

whilst Bill Jones, CEO of

Riliance Training Ltd, focussed

in Manchester on

the specific obligation of

LLPs and Limited Companies

to now keep a PSC Register,

emphasising that it is a

criminal offence not to do

so.

PII Insurance and Risk

Colin Taylor of Willis entertained

the Liverpool delegates

with stories of how to

manage client expectations

and the importance of risk

management from an insurer’s

perspective whilst

Richard Gledhill of MFL in

Manchester reminded

everyone of the impact of

the new Insurance Act.

My thanks go to all the

speakers for giving up their

time and for helping create

such a stimulating and

thought provoking day. I

promised an information

packed day and we certainly

got it! My thanks also

to all delegates for your

contributions and feedback.

If you didn’t come, you

missed a treat – next year

perhaps?!

In the meantime, check out

the consultations!

Michelle Garlick

Chair

Manchester Law Society

Regulatory Affairs

Committee

Weightmans LLP

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Forthcoming Events

8 Movers & Shakers

Davis Blank Furniss announces new partner,

promotions & NQ appointment

Davis Blank Furniss - the

Manchester & Glossop

based law firm – has promoted

Anita Shepherd to

partner in its Family team.

Anita joined the firm in

2012 and works out of the

Manchester and Glossop offices.

She handles all aspects

of family law and is

also a Resolution Advanced

Accredited Specialist with a

focus on domestic abuse

and advanced financial provision.

Before qualifying,

Anita studied Applied Social

Studies at Sheffield Hallam

University and she then

completed her Legal Practice

Course at Manchester

Metropolitan University.

Kate Oldfield – managing

partner – said: “Since arriving

at Davis Blank Furniss,

Anita has made a huge impact;

her drive, enthusiasm,

rapport and knowledge of

the law have all helped to

grow the team so her promotion

is much deserved

and is a clear reflection of

her talent.”

Anita added: “The last four

years have been a period of

growth for me as Kate and

the partnership have allowed

me to grow my work

in my own way. That level of

autonomy has really inspired

me. Becoming a partner

is - of course - a milestone

in my career, but my

focus is now on adding

more value to the business

and our clients.”

The firm has also promoted

Jennifer Smith to associate

in the Property team and

Kirsty Morbey to associate

in the Family team. Whilst

Edward Moss has been appointed

as a clinical negligence

and professional

negligence solicitor following

the successful completion

of his training contract.

Clyde & Co enhances infrastructure offering

with new partner hire in Manchester

Global law firm Clyde & Co

has announced the arrival

of Steve Cannon as a Partner

in its Global Projects

and Construction Group.

Steve's arrival further expands

the firm's growing infrastructure

offering. He

joins the Manchester office

bringing a wealth of expertise

and experience in construction

and engineering

dispute resolution. He joins

the firm from Eversheds.

Cannon is a recognised

leader in construction and

engineering disputes with

over 15 years' experience.

He has expertise and experience

in national and international

markets including

Manchester and the North

West, the Middle East and

Singapore. Steve specialises

in complex international arbitration

and cross border

dispute resolution.

John Morris, Global Head

the Projects and Construction

Group said: "Steve is a

valuable addition to our

growing infrastructure offering

and will significantly

enhance our construction

and engineering capabilities

in the UK. With many of

our contractor, developer

and international investor

clients increasingly looking

at projects in the North

West, Steve's appointment

will further enhance our offering

in the region.

Steve Cannon said: "I am delighted

to be joining Clyde

& Co and its market leading

global construction practice.

Locally, the North West

continues to see significant

construction opportunities

and with ongoing infrastructure

investment interest

and the government's

devolution agenda, Manchester

will continue to be

an exciting place to practice."

The firm's infrastructure

group has seen significant

growth in the past 12

months in the UK and globally.

In June 2015, Clyde &

Co's infrastructure practice

was joined by market leaders

Liam Buckley and Stelios

Coutsavlis who strengthened

the firm's real estate,

projects and energy sector

offerings and developed a

new commercial real estate

practice in Manchester.

Edward Moss, Anita Shepherd, Kirsty Morbey & Jennifer Smith.

Mark Farrell appointed as Managing Director

at Hilary Meredith Solicitors

Wilmslow-based Hilary

Meredith Solicitors Ltd

has appointed Mark Farrell

as Managing Director.

Mark, who joined the firm

last year as Operations Director,

has extensive experience

in the legal, claims

management and financial

services sectors. Previous

roles include CEO at Beresfords

Solicitors and Managing

Director at Capita. He

also has extensive experience

in the insurance sector,

having worked at Aon and

Royal & Sun Alliance.

Said Hilary Meredith:“Since

joining as Operations Director

at the beginning of

2015, Mark has been instrumental

in increasing the

strategic focus of the business.

As a member of our

main board he has an important

role to play in the

ongoing development of

the firm. We are delighted to

appoint him as Managing

Director.”

Mark Farrell

Said Mark Farrell:“In a fast changing legal services market,

we are continuing to build the business by delivering an

outstanding service to our clients.”

Leading Manchester Business Dispute Resolution

Team expands with new recruit

Dispute resolution lawyer,

Leighton Baldwin, is the

latest recruit as Slater and

Gordon expand its business

services practice in

Manchester.

Leighton specialises in dispute

resolution and covers

many areas including landlord

and tenant, rent and

service charge disputes and

property litigation.

He said: “I am thrilled to be

joining Slater and Gordon’s

business services team. I

aim to satisfy my clients’

personal and commercial

aims whilst resolving their

business disputes.”

Leighton has further experience

in breach of

covenants, forfeiture and

Commercial property law

specialist, HRC Law, has

advised Afrapoco Limited

trading as Jazooli on its

recent acquisition of

larger warehouse premises

to support their continued

business growth.

The e-commerce retailer,

based in South Manchester

and specialising in electronic

gadgets, has seen

substantial growth since inception

in 2008. In 2012, the

business relocated to a

2,500 square foot warehouse

which the operation

has now outgrown and this

recent acquisition sees the

business take another leap

forward in terms of size, taking

on 36,000 square feet of

space.

Jazooli operates nationally

termination and lease renewals.

He said: “Even the best-run

businesses can have disputes.

I take great pride and

enjoyment in helping to resolve

disputes by devising

the best possible strategy

and giving clear and practical

advice.”

Craig McAdam, who heads

up the dispute resolution

team for Slater and Gordon,

said: “Over the last year we

have seen an increased demand

for our business services

and I’m delighted that

the dispute resolution team

is expanding.

“However you decide to resolve

your business dispute,

be it through negotiation,

and internationally and

their extensive new warehouse

will help them to

continue to supply the evergrowing

demand for their

products.

Sam Wilson, Director, of Jazooli

said: “Our fast-growth

means we’ve had to quickly

develop our infrastructure

to support this. The team at

HRC were considered

throughout the transaction,

prioritising the protection

of our interests and business.

We had peace of mind

throughout the transaction.”

Helen Marsh, commercial

property solicitor and partner

at HRC Law, added: “Location

can be everything for

a business – especially

when a business depends

Leighton Berwin

mediation or litigation, having

experienced lawyers on

your side is invaluable.

“We are very happy that

someone with such wideranging

expertise as

Leighton is joining the

team.”

HRC Law advises on Jazooli’s North West expansion

Helen Marsh

on its logistics and supply

chain as much as Jazooli

does. We all knew that it

was imperative to secure

this new warehouse in order

for the company to continue

on their upward curve.

We are pleased that we

were able to complete the

acquisition within the short

timescale required.”


Feature 9

City Profile

In this edition Sandie Gaines, Centre Director and Associate Professor at the

University of Law in Manchester talks to the Messenger

Sandie Gaines was appointed as the Centre Director,

Manchester at The University of Law (ULaw) in Manchester

in February, she is also an Associate Professor at

the uUniversity. She joined ULaw seven years ago as a

tutor, becoming an Operations Manager, then an Academic

Manager.

Originally from the North East, Sandie started her legal career

with training contract at a small but diverse law firm in

Kent. Sandie says that the caseload at was very varied and

included litigation, landlord and tenant, family, personal injury

and crime and Sandie also developed a niche area of

practice in immigration work.

Once qualified Sandie specialised in criminal law and moved

to Whyte & Co Solicitors. Sandie was a duty solicitor and advocate,

taking cases to trial level and client and caseload

management. However Sandie decided that she wanted to

become an employment lawyer, and moved to ASB Law,

where she managed a substantial caseload of employment

work, acting mainly for company clients. She then moved to

the firm’s Brighton office to establish an employment department.

Sandie also spent a few years with DMH Stallards in Crawley

where she was again an employment specialist, working for

the agricultural, independent schools and charities sectors.

Sandie re-located to Manchester in 2007 to join Hammonds

LLP (now Squire, Patton, Boggs LLP), where she advised on

TUPE, collective redundancies and corporate support work.

It was whilst in Manchester that she saw an advertisement

for tutors at The College of Law. Sandie says “I had designed

and delivered employment law training for corporate clients

and considered myself to have a varied set of skills and I

thought it would be interesting to expand my horizons.”

Sandie’s role now encompasses a broad range of activities,

including the financial management of the Centre, overseeing

course management as well as developing the student

experience, including the promotion of excellence in teaching

and learning.

Sandie says that the training of students and young lawyers

has changed for the better since she did her training contract.

She says “A good solicitors needs to be client focused

and they also need to have entrepreneurial skills. Perhaps

the biggest difference now is the expectations of the clients.

They are much more aware of what to expect and they are

looking for efficiency and value. There have also been

changes to the way in which clients are invoiced and now

we see more fixed costs rather than hourly rates.”

Sandie says that prospects for students from The University

of Law are very good and they have a very high employability

rates currently backed up by an Employment Promise..

She adds “Students leave the university with excellent legal

and analytical skills as well as being commercially aware. A

large number find training contracts and others secure positions

as paralegals, which often leads to a training contract

at a later stage. Wherever they go they have the necessary

skills to be succeed.”

Sandie says that her personal mission as Centre Director is

to keep developing good links between ULaw in Manchester

and the local legal profession and wider business community.

Anyone who may be interested should email

Sandie.Gaines@law.ac.uk.

Away from the university, Sandie enjoys walking and running,

and spending time with her husband and Henry the

cat.

For more information about ULaw visit www.law.ac.uk

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10 News

Trio of new partners for Slater Heelis LLP

Three new partners have

been appointed at Manchester

and Cheshirebased

law firm Slater

Heelis LLP.

cured lending and all landlord

and tenant matters.

Phillip is a Resolution-accredited

family lawyer and

mediator. He specialises in

complex issues that arise

following the breakdown of

a relationship, divorce and

civil partnership dissolution.

Georgina is a private client

team lawyer specialising in

areas involving mental capacity

and Court of Protection

work.

Chris Bishop, managing

partner of Slater Heelis, said:

“I’m delighted Hannah,

Georgina and Phillip have

all accepted the offer of

partnership here at the firm.

We’re committed to rewarding

talented lawyers and

this shows that we’re a firm

keen to invest in the future

of the practice in multiple

disciplines.”

Hannah Al-Shaghana, Phillip Rhodes and Georgina Bradshaw

Alan Lumley of DLA Piper

Alan Lumley, a promising

finance associate at DLA

Piper, tragically passed

away in April while competing

in the Wilmslow

half marathon. It was his

birthday and he had just

turned 31.

Due to his achievements

during his career and his

“proactive and dedicated

approach” on transactions,

Alan was shortlisted in the

lawyer of the year categories

at both the Pro.Manchester

Made in Manchester

Awards and the Insider NW

Young Professionals Awards

(2016), with client testimonials

describing Alan as

“demonstrating a lot more

skill and composure than is

expected of a lawyer of his

level of qualification”. However,

it is the many warm

tributes to Alan that have

been received by his family

and his firm that show the

impact that Alan has had on

the Manchester professional

community and how

deeply saddened they are

to have lost a bright and talented

lawyer. He was described

by his team as a role

model for the junior lawyers

and always led by example.

Feedback from clients was

consistently high, praising

in particular his composure

and logical approach to

problem-solving. A JustGiving

page has been set up to

collect charitable donations:

https://crowdfunding.justgiving.com/alan-lumley

"Alan joined DLA Piper in

2009 as a trainee solicitor

and qualified into the finance

team in 2011. He recently

secured a

well-deserved promotion to

Senior Associate. From early

in his career it was clear Alan

would excel and he did. The

Partners in Manchester

were delighted to nominate

Alan for both the Pro.Manchester

Made in Manchester

Awards and the Insider NW

Young Professionals Awards

as he was not only achieving

great results at work, impressing

clients and peers,

he was also a role model in

how to be really successful

while maintaining the

lovely guy personality that

we all enjoyed. Alan had so

much to look forward to at

work and in life. He is greatly

missed by all those that had

the real pleasure of knowing

him." Liam Cowell, Office

Managing Partner,

Manchester, DLA Piper

Mills & Reeve’s scores a hat-trick with top

private wealth team award

Law firm Mills & Reeve’s

private wealth team has

won the Regional Law

Firm of the Year accolade

for the third consecutive

year at the Citywealth

Magic Circle Awards.

The firm, which has an office

in Manchester, beat off stiff

competition to secure the

award which was voted for

by more than 12,000 members

of the public and

judged by ten industry experts.

Now in their 11th year, the

awards are run by Citywealth,

the magazine for

North West law firm Farleys

has announced the

promotion of Inquests

lawyer Kelly Darlington to

Associate Partner and

Head of Inquests.

Darlington, who is based in

Farleys’ Manchester office,

joined the firm as a paralegal

in 2009 and qualified as

a solicitor in 2012. She has a

national client base, specialising

in Inquests and Actions

against Detaining

Authorities and represents

bereaved families and interested

persons, with a particular

emphasis on deaths in

prison, police custody, hospitals

and local authority

care.

global wealth management

experts dealing with

£20million+ high net worth

clients.

Mills & Reeve’s national private

wealth team, made up

of more than 100 lawyers

and a private client base estimated

to be worth more

than £4billion, advises high

net worth individuals, entrepreneurs

and professionals

on estate planning, including

wills, trusts, family investment

companies and

family charters.

Deborah Clark, partner in

the private wealth team in

Commenting on the promotion

Jonathan Bridge,

Partner at Farleys said “Kelly

is an exceptional solicitor

and is well respected by her

clients. Kelly has been instrumental

to the growth of

our Inquest department

and her promotion recognises

her hard work and

contribution to the growth

of both the department and

the firm.”

Kelly said: “I am thrilled to

be promoted to Associate

Partner and Head of Inquests

here at Farleys and

I’m excited to continue supporting

the progression of

the firm and develop the Inquest

department.”

Hannah Al-Shaghana,

Georgina Bradshaw and

Phillip Rhodes have all been

promoted to partner level.

Hannah is a commercial

property lawyer whose expertise

encompasses all aspects

of commercial

property work including acquisitions

and disposals, sethe

Manchester office of

Mills & Reeve, said: “It is a

fantastic achievement to

win the award three years in

a row and is a testament to

the private wealth team’s

market leading position and

our highly skilled lawyers

who are dedicated to providing

a top quality of service

to clients.”

The winners were announced

at an awards ceremony

at The Grange Tower

Bridge Hotel in London attended

by more than 300

people.

Leading Inquest Lawyer promoted to

Head of Team

It has been a treble winning

start to summer for

international sports

lawyer Maurice Watkins.

The senior partner and head

of sport at Brabners , based

in Manchester has had two

successful trips to Wembley

as chairman of Barnsley FC

and presented the medals

at the 2016 Euro Aquatic

Championships at the

Olympic Pool in Stratford as

chairman of British Swimming.

Maurice , CBE , former Man

Utd director said ; " It feels as

if I have been living out of a

suitcase for weeks now , - all

very hectic but hugely enjoyable

and rewarding to

witness so much sports success.

" It was a great honour for

me to present gold medals

to both Tom Daley in the 10

metre diving competition

and to swimming star Adam

Peaty in the 100 metres

breast stroke at the European

Aquatic Championships.

We are now in

good shape for the Olympic

Games this summer.

"In football ,the 3-1 win

against Millwall at Wembley

in the League One plays offs

was the icing on the cake

and returns Barnsley to the

Championship. When you

think that Barnsley were

bottom of League One last

November and lost the

manager in February, this

Kelly Darlington

Maurice Watkins treble success

Maurice Watkins with Gold Medal winning diver Tom

Daley at Euro Aquatic Championships

success is nothing short of

extraordinary.

" Any trip to Wembley is a

great experience , but to go

twice in a season and

emerge as winners on both

occasions is a marvellous

achievement for the club. "

Earlier in the season Barnsley

beat Oxford Utd 3-2 to

win the Johnstone's Paint

Trophy at Wembley.


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12 Movers & Shakers

Pannone Corporate advises Stockport-based

Abney Garsden on Simpson Millar acquisition

Leading Manchester

The corporate team at

Pannone Corporate has

advised one of the UK’s

leading law firms dedicated

to advising victims

of abuse, Abney Garsden,

on its acquisition by personal

injury specialist

Simpson Millar.

The deal also includes

Stockport-based Abney

Garsden’s family and wills

departments.

Simpson Millar is owned by

stock market listed Fairpoint

plc. Adlington-based Fairpoint

acquired Simpson Millar,

which has offices across

the UK, in 2014 marking its

entry into the legal services

market.

Abney Garsden was established

in 1985 by Peter Garsden

and has become a

pioneer of securing justice

for survivors of abuse.

The Pannone Corporate

team was led by partner

Mark Winthorpe and included

solicitor Craig Geraghty.

Peter said: “This is a very exciting

time for us and with

the support of Simpson Millar

we can add even more

value to our clients and

have even further added security

for the important

work we do, especially

abuse cases.

“I cannot praise the corporate

team at Pannone Corporate

highly enough for

the outstanding advice and

support they gave me

throughout one of the most

important transactions of

my professional life. They

were understanding, industrious,

supportive, and

legally astute and I am extremely

grateful.”

Mark added: “Abney Garsden

has built an outstanding

reputation in the market

and the acquisition by

Clough & Willis Makes Property

Appointment at Bolton Office

Law firm Clough & Willis

has appointed Susan

Trudgeon to the Property

team at its Bolton office.

She has joined the firm as

a licensed conveyancer

and will handle a portfolio

of residential property

work.

Simpson Millar will enable it

to significantly expand and

maintain its leading position

in a consolidating market.”

Peter Watson from Simpson

Millar said: “We knew instantly

that Abney Garsden

was the right type of firm to

join Simpson Millar because

of their strong values and

social conscience.

“The extended offering we

now have in our portfolio

means we can give better

and wider services to all our

clients. Peter has built a

strong firm with a positive

future and by joining Simpson

Millar we can offer a

more flexible and secure

place to compete effectively

in the market place.”

Simspon Millar was advised

by Lizzy Tindall and Alistair

Cree from Eversheds.

6 Partner Promotions for JMW

based law firm JMW Solicitors

LLP has announced

that they have made 6 at

promotions Partner level

with a further 21 promotions

also made within the

firm effective form 1 May

2016.

Commercial Property Partners

Claire Hamilton and

Warren Martin who joined

the firm in 2013 and 2015

respectively have been

made Fixed Equity Partners.

Claire Hamilton is the key

Partner working for a major

property developer and investor

in the North West,

while Warren Martin names

amongst his property finance

clients Lowry Capital

and Aldermore.

Meanwhile Derek Millard-

Smith an expert in Consumer

Regulatory work

brought his expertise to

JMW in 2015 and acts for

ParkingEye and the British

Parking Association membership.

Michael Purvis

joined JMW as an Associate

in 2012 and has progressed

to Fixed Equity Partners

holding the relationships

with introducers such as

Precise Mortgages, JLL, SPF

and Move with Us.

There have then been 6 promotions

from Senior Associate

to Partner for Mark

Heppell and Vicky Protano

from Corporate, Tasnim

Khalid and Jodi Lund from

Private Client, Nick

McAleenan in Media Law

and Lee McGovern who occupies

a New Business role

in the firm.

Elsewhere in the firm there

have been 8 promotions to

Senior Associate for Ben

Miller, Louise Wakely and

Richard Glover from the

Commercial Litigation

team, Paul Gotch and Daniel

Harrison from the Private

Client team, Jennifer Smith

in Employment, Holly Tootill

in Family Law and Faris Humadi

in IT.

A further 9 promotions from

Solicitor to Associate see

promoted Danielle Gibson,

Linda Medhurst and

Michael Walker (Personal Injury),

Holleh Cyples, Gaynor

Dent and Breda Fallon (Private

Client), Sara Bluston

(Corporate), Stephanie Adjepong

(Commercial Property)

and Mike Bloor (New

Business).

Prior to these promotions,

staff numbers have also increased

at JMW from 280 to

320 including 7 new Partners

joining the firm in the

past 12 months.

Commenting on the wealth

of promotions at JMW, Senior

Partner Joy Kingsley said:

“All these promotions are

well deserved and reflect

our continuing policy of

promoting from within as

well as making effective lateral

hires. 2015/16 has seen

us promote 6 internal candidates

to Partnership while

hiring 7 Partners from outside

of the firm. As we continue

to enhance our

reputation in the North

West it is increasingly important

that we retain our

talented lawyers who need

to see our commitment to

their future.”

JMW recently announced

an annual increase in Revenue

of 16% in the year

2015/16, which has grown

to £22 million from £10 million

in 2010/11. Profit also

increased by 13%.

Susan has worked in the

legal sector for 12 years and

has been a qualified conveyancer

for the past seven.

She has previously worked

at Russell and Russell, Fieldings

Porter and Countrywide

Conveyancing

Services.

The firm’s Bolton office

opened in January this year

and offers a range of services

including Commercial &

Residential Property, Employment,

Personal Injury

and Family Law as well as

Wills, Trusts and Probate.

Shefali Talukdar – managing

partner of Clough & Willis –

Shefali Talukdar, Susan Trudgeon & Lee Martson

(partner at Clough & Willis).

commented: “We are delighted

to welcome Susan

to the practice. She has

some great experience and

is a valuable addition to our

existing Property team

which is based at our Bury

head office.”

Susan added: “I’m really excited

to be joining Clough &

Willis. It’s an exciting time

for the firm following the recent

opening of the Bolton

office. I’m now looking forward

to helping grow both

our presence and reputation

in the town.”

Why join Manchester Law Society?

Here are some of the benefits of membership

• The Messenger Magazine & weekly e-newsletter

o 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 member firms

have done plus a lifestyle section at the back

o

o

Members can place items in The Messenger free of charge

For past copies of The Messenger visit

www.manchesterlawsociety.org.uk/the-messenger-north-west-law

Building Blocks acquired by Dutch digital agency

Manchester-based digital

agency Building Blocks

has been acquired by

Dept UK Holding Limited.

Building Blocks is a top 100

digital agency, which specialises

in helping global

companies solve complex

problems using digital technologies.

Based on Portland Street in

Manchester and with additional

offices in the US and

Spain, the privately-owned

agency was founded in

2007 by Andrew Iddon and

Jonathan Whiteside. The

two founding partners

along with third partner

Jasper van de Luijtgaarden

will retain an interest in

Dept UK Holding Limited as

part of the deal.

Hill Dickinson acted on behalf

of the acquirer, a wholly

owned subsidiary of Dutch

digital agency Dept, with a

team led by corporate partner

David Mkhitarian and

assisted by James Down

and Sean Lightfoot (corporate)

and Tom Slinger (employment).

Partner Richard

Capper provided banking

advice to the acquirer.

Part of an international network

of leading digital

agencies, Dept, which is

backed by Waterland Private

Equity, is a full service

digital company employing

350 creatives, developers

and data scientists that provide

integrated digital solutions

to clients.

Frank Schmid, Managing Director

of Dept, said “In order

to build a truly international

digital agency, rapid expansion

into the UK market was

our top priority. We believe

David Mkhitarian

Building Blocks is the perfect

first addition in the UK

to our network of agencies.”

Partner Darren Warburton

of Squire Patton Boggs advised

the sellers on the

transaction and was assisted

by Laura Green and

Mary Brock.


The SRA 13

CPD for a modern profession

Paul Philip, Chief Executive, Solicitors Regulation Authority

As I said when meeting

with the Manchester Law

Society Council in early

May, we are continuing to

reform how we work,

looking at areas where we

can get rid of outdated

regulatory burdens and

improve public protection.

As part of that reform, I

wanted to look at the traditional

16 hours of CPD per

year requirement. This approach

had not been substantively

updated for more

than 25 years and had,

frankly, become a tick-box

exercise. That was not good

for the profession or the

public.

So we are now moving to a

more flexible, modern approach.

From November

this year, solicitors in England

and Wales will no

longer count CPD hours. Instead,

the new approach

means they will reflect on

their work and choose training

that is right for them

and their firm. It is about

making sure solicitors are at

the top of their game: competent,

ethical and ready to

deliver high-quality services

to their clients.

We recognise that every solicitor

and firm is different,

and that means that they

need to take their own approach

to learning and development.

Removing the

blanket ‘16 hours a year’ requirement

encourages

practitioners to undertake

meaningful continuing professional

development activities,

and helps to reduce

the cost of regulation.

Positive feedback

We want to make sure that

switching to the new approach

is straightforward.

The feedback we have had

so far has been positive. We

undertook a survey on the

changes recently, and I was

pleased to see that almost

half of the law firms and solicitors

who responded have

already moved to the new

approach. Of these, nearly

two thirds percent said they

did this at no extra cost to

their business and three

quarters of those who had

already changed approach

said that the transition took

just three months or less.

Meanwhile, feedback suggest

that firms are already

seeing the benefits.

For example, Stuart Snape,

Managing Partner at Manchester-based

Graham Coffey

& Co Solicitors has told

us: "This change of approach

gave us the opportunity

to stop seeing CPD as

something 'only for solicitors'

or a 'box to be ticked'

and to better understand

how it benefits our business.

We know that it is in

our firm’s interest to welcome

a more personalised

and flexible approach to

continued training as it

helps maximise our staffs’

potential. This means we

will continue to deliver a

high quality, professional

service to the public.

“Our answer to adopting

the new approach was to introduce

an online training

software with courses specific

to our needs. This allows

us to improve skills in

key areas and focus any additional

training where further

clarity is needed. As

Managing Partner, I found

that by helping to create the

training materials needed

for this, it has also helped

focus my mind on the direction

the firm is taking and

how I can take my staff with

me.”

Help with making the

change

We want to support you

through this change, so to

help you get started we

have created a toolkit on

our website. It has a wealth

of information and resources

including:

• advice on planning, evaluating

and recording learning

• downloadable templates

• real-life examples of how

other solicitors or firms have

adopted and are using the

approach

• an on-demand webinar

that talks you through how

to move to the new approach

Our Handbook says solicitors

must provide a proper

standard of service. A key

part of that is living up to

our Competence Statement.

So we have not

changed our expectation

that all solicitors will make

an annual declaration about

their continuing competence.

A move away from a onesize-fits-all

approach to a

greater focus on training

that matters to you has to

be the right way for a modern

profession in a fast moving

market to stay up to

date. I am sure you will see

the benefits for you and

your firms.

For more information on

the SRA toolkit and the

new approach please visit

www.sra.org.uk/toolkit

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or email enquiries@vfslegal.com or visit vfslegal.com


14 Feature

In conversation with Nigel Day

Tributes to Nigel

Nigel Day of Hague Lambert is standing down from the Law Society Council

after sixteen years. He talks to Julia Baskerville about his career and

involvement with Manchester Law Society and the national Law Society...

There can be very few solicitors

who have devoted

so much time, effort and

dedication into representing

the views of the profession

than Nigel Day.

Nigel is standing down as

one of the Manchester

representatives on the

Law Society Council after

a tenure of sixteen years.

Nigel qualified as a solicitor

in 1979 after training with a

sole practitioner Neville

Brooks in Wythenshawe.

Nigel says the firm was essentially

“law in the raw” - a

typical legal aid practice

and as a trainee and newly

qualified solicitor worked

on a broad range of cases

from family, crime and litigation,

although says that

litigation in those days covered

a ‘multitude of sins.”

After two years as a qualified

solicitor Nigel saw an

advert in “The Messenger”,

although adds that this was

the old version of the Messenger

that was xeroxed by

the team in the office. Nigel

applied to the firm, Lambert

Storey, was successful and

joined as an assistant solicitor,

becoming a partner in

1986.

Nigel was the firm’s litigator,

running the litigation department

with various assistants.

Several years down

the line and again Nigel

saw an advert in the Messenger,

this time from a firm

who were interested in

merging. Nigel responded

to the advertisement and in

January 1996 Lambert

Storey merged Hagues to

become known as Hague

Lambert.

Nigel is now the COLP and

senior partner. He says that

life as a solicitor is now very

different with the emphasis

on specialisation and risk

management. He welcomes

this but wonders sometime

whether the profession

loses sight of the need to

give advice as opposed to

explaining to people what

they can do He says that

during his career I have seen

the expectations of clients

change quite dramatically,

adding “when I first started

my legal career clients came

to see a solicitor with little

or no legal knowledge, now

the internet has changed

this and it is important that

the solicitor can add value

to this by giving advice and

helping clients to make decisions

and choices.”

When Nigel moved to Manchester

he made the decision

to take more interest in

the professional locally and

attended events and

courses organised by Manchester

Young Solicitors

Group He became Chair of

the YSG in 1988. The following

year Nigel was approached

by the then

President of Manchester

Law Society Philip Hodson

who invited him to join the

Council of the Society. Nigel

held a number of roles before

being elected President

of Manchester Law Society

in 1998.

Nigel says that it was during

this time that he became

more aware of the national

Law Society, attending a

number of conferences and

events. In 2000 Philp Hodson

who was now one of

the two Council Members

for Manchester, Stockport,

Trafford Tameside and Altrincham

stood down and

Nigel was elected to replace

him. Nigel says “I joined the

Council of the Law Society

during a state of crisis. The

presidencies of Martin

Mears and Robert Sayer had

provoked much controversy

and huge rifts were appearing

within the profession.

There was also a £450 million

deficit in the Solicitors

Indemnity Fund and The

Law Society was perceived

as failing to properly handle

complaints against solicitors.

In addition the Vice

President of the Law Society,

Kamlesh Bahl was

forced to resign amid allegations

that she was bullying

staff. She then took the

Law Society to an employment

tribunal claiming race

and sex discrimination. The

Law Society was in a complete

maelstrom”

In 2000 the Law Society

made the decision to create

the role of Chief Executive

and appointed Janet

Paraskeva, who had been

the Director of the National

Lottery Charities Board.

Nigel says “Some within the

Law Society and the Council

thought that Janet

Paraskeva was not the right

person perhaps because of

political bias, but I thought

that many failed to appreciate

that a the role of Chief

Executive was new and unprecedented

for the Law Society

and demanded

someone with an independent

mind. However I

think she viewed the Council

as having little relevance

and not representative of

the membership and therefore

did not seem to be anxious

to establish an effective

working relationship. Council

as a result began to lose

focus, something which has

continued and increased

ever since.”

At that time the Law Society

was both the representative

body for the legal profession

and also the regulator.

Complaints were dealt with

by the Office for the Supervision

of Solicitors based in

Leamington Spa, but as

complaints handling and

claims against solicitors spiraled.

Nigel says that much

of what subsequently occurred

may not have happened,

or would have

developed in a very different

way, had the profession

at large together with Law

Society got to grips with

complaints handling. As it

was the profession was now

very much in the radar of

government which led to

the appointment of in 2003

of Sir David Clementi to

carry out an independent

review of the regulatory

framework for legal services

in England and Wales.

The Clementi Review led to

the Legal Services Act in

2007. Many think that the

Act led to the formation of

the Solicitors Regulation

Authority but, in fact, this

had already been created

by the Law Society in 2005.

This followed much debate

in Council during which

Nigel argued for lay involvement

and independent appointment

rather than

elected body which many

advocated. It was clear that

this would not find favour

with the outside world

which demanded transparency

and independence.

Nigel says that perhaps if

anyone is to blame for the

SRA, it is him!

The Act allowed new kinds

of legal practices to be developed

in which solicitors

could join with non-lawyers

to form practices (legal disciplinary

practices, or LDPs)

and then ABSs. Nigel says “I

remember quite clearly the

debate on the Legal Services

Act and how it would

change the legal market. I

am not sure that this was

fully appreciated. There was

no discussion about what

Regulation is and what it

should look like. The Government

grudgingly, it

seemed, agreed that an independent

legal profession

should be one of the core

principles of the Act but it

did not seem to be a driving

force. Nor does it now and

this government seems to

be more intent upon denying

representation and access

to justice. Sometimes I

fear that there will not be a

legal profession in ten years

time, or will be so drastically

changed as to be ineffectual.

The profession has

changed, is going to have to

continue to change, but I

take comfort from the fact

that contrary to what many

people think solicitors are

highly adaptable and innovative.

Time and time again,

the profession has been

forced down routes we

don’t want to go, but time

and time again we have

changed and evolved and

thrived and we can- we

must- keep doing this.”

Nigel concludes “I found

that joining the committees

or boards of the Law Society

was the most interesting aspect

of the role and where I

felt I could help to achieve

tangible results. The Council

of the Law Society, in its

present form, lacks real purpose

and is not functioning

in the way that solicitors

might assume or expect if it

is the sovereign body. The

Council now needs new

blood and a new approach

and I await with interest the

outcome of the Governance

Review. I have long felt that

one of The Law Society’s

biggest failings is occasionally

promising to deliver

what it cannot. I hope that

it does not do so on this occasion.


Nigel says he has no plans at

the moment, other than to

run the firm, spend more

time with his family, particularly

granddaughters Serena

and Alexa, try and

reduce his golf handicap

and of course continue his

support of the cause known

as Manchester United.

It falls to me as incumbent President, with heavy heart to say a

few words about our National Law Society Member Nigel Day

who will retire from the role from July 2016. Nigel has been a

member of the national Law Society Council for 16 years and

has performed that role tirelessly. Leaving aside the debate

about the recent Governance Review, Nigel has been a long

term advocate of reform of the way in which our representative

body is structured.

It is apparent to me immediately from my time as President of

Manchester Law Society as well that Nigel is hugely and widely

respected amongst his fellow council members for his insight

into the relevant issues of the day and to cut to the chase.

Not only that, but Nigel has been, as a past president of Manchester

Law Society as well, a keen advocate of maintaining

links between local law societies such as our own and the national

council, through thick and thin, it is fair to say that that

view wasn’t always popular at Chancery Lane but I am very

pleased that now, at the end of Nigel’s time on Council, links

between local Law Societies and the national Society are closer

than they have been for many years. That is in no small part

due to Nigel’s persistence in putting forward what must, at

times, have been an unpopular view.

His regular attendance at the Manchester Law Society Council

meetings has kept us abreast of developments in Chancery

Lane and given us an opportunity to have a sounding board

and sometimes a target to take aim at; both of which roles he

has taken on manfully. He has taken the joking and sometimes

frustration at the proliferation of pink paper in the National

Law Society meeting notes which prevent him from divulging

confidential information, in good stead. I do still think though

that not being able to tell us what Council members had for

lunch at the last meeting should, for example, be in the public

domain.

I wish Nigel all the best for the future as senior partner of Hague

Lambert and having more time to spend with his family.

Michael Hardacre

President

Nigel has been associated with Manchester Law Society Council

since I started here 28 years ago and is part of the fabric of

the Society. He was President in 1998-1999 and became one of

our national Law Society Council members in 2000.

I really don’t think people understand the hard work, loyalty,

commitment and dedication (which has gone WAY above and

beyond the call of duty!) that Nigel has put into the profession.

He really cares about the profession and has given up so much

time to try and help make a difference on a local and national

level.

His wise counsel, knowledge of all things Law Society, our Manchester

United chats, stories about his grandchildren are just a

few of the things I will miss. I hope he will still say Grace at the

Past Officers Dinner – a job I always ask him to do!

I guess that using your talents and leaving a legacy is something

we all desire to do and Nigel has definitely succeeded in

doing this. And yet he has never sought recognition for his

achievements.

The legal profession is a better place to be because of Nigel’s efforts.

Let’s hope we can all say that when our time comes. Nigel

I will miss you so very much!

Fran Eccles-Bech

Chief Executive

"I've sat on the Manchester Law Society Council with Nigel for

some years and always admired his dedication to the profession,

however I never really appreciated just how hard he fights

for the interest of his peers until I joined Council. Nigel made me

feel very welcome and taught me everything I know (considerably

less than everything HE knows) about the workings of

Chancery Lane, and has mentored me (whether he realises it or

not) to my ongoing benefit. His contributions to Council will be

sorely missed, and I'll miss seeing him at meetings even more."

Steve Kuncewicz

Bermans LLP

Law Society Council Member


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16 Talking Heads

Talking Heads

As summer approaches we asked "If you were a holiday

destination, where would you be and why?"

Kimberley Kirby

Partner

Express Solicitors

I would be Hoi An in Vietnam.

A diverse cosmopolitan

melting pot, Hoi An has

successfully preserved evidence

of its own history but

also has signs of change

and development due to

sympathetic influence from

foreign elements. Hoi An is

a unique tourist destination

that opens its arms to all

from across the continents;

it is a preserved South-East

Asian trading port with a

legacy of temples and ancient

tea warehouses. It has

niches where traditional life

has changed very little. This

is juxtaposed with the more

modern influence, a mix of

Chinese, Japanese and European

styles.

This warm hearted place is

traditional at heart but not

out of touch with the outside

world, new opportunities

and happily attracts

visitors to it to share in its

experience.

Steve Kuncewicz

Head of IP and Media

Bermans LLP

Law Society Council

Member

Having just been to Florida,

I'd usually say there. It's

loud, over the top, bad for

you and free of irony. In a

perfect world, however, I'd

prefer to see myself as the

Maldives: remote, in danger

of disappearing but surrounded

by natural beauty.

Oh, and reassuringly expensive

but worth every penny.

I can only hope that my

clients won't ever read this.

Paul Jonson

Managing Partner

Pannone Corporate LLP

I would be Rome; warm, cultured,

sophisticated and not

too much of an effort.

Fran Eccles-Bech

Chief Executive

Manchester Law Society

What city in the world could

be more perfect for a holiday

than the Catalan capital

– Barcelona - home of my

gorgeous husband, Pedro

Not only do I get my very

own interpreter/translator

24/7 but with its cosmopolitan

feel, relaxed pace of life,

breath-taking architecture,

fantastic cuisine, unparalleled

art, culture, golden

beaches and unbeatable climate,

it really is the city that

has everything.

The beachside city’s

bustling art scene and bohemian

vibe make it the offbeat

counterpart to the

more classic Madrid (which

Pedro will NEVER visit anyway!)

We visit Barcelona for its

gorgeous beaches and

eclectic nightlife, plus it has

some of the best seafood in

all of Europe. The streets of

Barcelona are lined with

breath-taking works of architecture,

from Gothic

churches to Antoni Gaudí's

surreal buildings, as well as

modern sites like Maremagnum

Mall. It’s also home to

the one of the world's most

beloved soccer teams,

Barcelona FC – go Barca!

Nigel Poole QC

Kings Chambers

Venice: cultured, romantic

and slowly sinking.

Aiden Carr

Consultant

M & A Solicitors

It would have to be Hong

Kong - rugby mad - and

rugby paradise during the

HK 7s week in late March

every year. A week long

party !!

It likes to get the job done

and is frenetic in parts - Central

and Wan Chai, but able

to spectacularly relax in others

- on Lamma Island or

Deepwater Bay Beach - provided

you check that the

shark nets are still intact !,

It has a great sense of history

and tradition - the

headstones in the cemetery

in Happy Valley guard the

graves of Royal Navy personnel

who succumbed to

outbreaks of cholera and typhoid

in the nineteenth

century.

The corridors of the Hong

Kong Football Club are lined

with photographs of visiting

armed forces rugby

teams and other tourists as

far back as 1886 when the

club was formed.

Needless to say The Hong

Kong Club preserves a style

and elegance of bygone

days and serves a superb

G&T - just like me !!

Hong Kong blends East and

West and the old romantic

with the ultra modern - after

more than 100 years in service

the Star Ferry still brings

commuters to some of the

newest, tallest (and narrowest)

skyscrapers in the world

and of course Hong Kong is

one of the most important

financial and trade centres

in the world.

Like me Hong Kong loves its

food - even the occasional

dish of sweet and sour

snake served with chilled Tsingtao

beer - and does thing

with style - hence The Mandarin

Oriental and Peninsula

Hotels.

So for sport, work, history,

tradition, food and that allimportant

sense of wellbeing

the answer is

definitely Kong Kong.

Niall Innes

Partner & Head of

Manchester office

Mills & Reeve LLP

I hope that I would be

somewhere quiet and relaxing,

ideally with a fairly poor

mobile signal so that visitors

need to talk to each other

rather than to play on

phones or get troubled by

the real world. I used to

spend quite a lot of time in

an old cottage like that near

Barnard Castle in County

Durham and it was great to

have that peace. I would

therefore be that cottage

because, in my head, that is

how I am like to be around.

I fear however that if you ask

my wife and children they

would think I was some

busy coastal tourist resort

with music blaring till the

early hours because, they

would say, I take days and

days to switch off and calm

down. Even when I do relax,

like that cottage, I would

hope that the cottage is allinclusive

and with a fully

stocked bar

Michael Hardacre

Principal Lawyer

Slater & Gordon LLP

President of Manchester

Law Society

I am struggling on this one.

What I want to do is put

what would be my favourite

holiday destination but I

don’t think that’s the point

of the exercise, is it? So, in

the spirit of things, what

kind of holiday destination

am I? Somewhere chilled, I

think (you might have to ask

others about that). Warm

and sunny, like my personality.

At this time of year it

could be any number of

places. Somewhere happy

and sociable, so it has to be

a beach, fringed by palm

trees of an early evening,

looking out to sea. A warm

breeze, beer in hand, kids

splashing around in the sea.

Donkeys, eeyoreing in the

distance. Of course, it has to

be Blackpool.

Raana Afsarpour

Solicitor

JMW Solicitors LLP

I would be Ibiza (my infamous

favourite holiday destination),

because I have a

sunny disposition and a

positive and energetic per-

sonality. I also enjoy traditional

activities and relaxation

when I’m not out and

about and Ibiza surprisingly

has a lot of opportunities for

this too. People are often

sceptical until they’ve been

- a bit like the general public’s

perception of lawyers

until they need one!

Kate Oldfield

Managing Partner

David Blank Furniss

I’d probably say Vietnam as I

like to think that I’m just the

right mixture of chaos, culture

and serenity.... In my

head anyway!

Louise Straw

Partner

Burton Copeland

The question "If I was a holiday

destination where

would I be and why" gave

me food for thought. Would

I be somewhere that was

perhaps a reflection of my

character - someone in the

office on considering this

suggested Siberia ( I really

don't know why!) Would I

be somewhere with hot

sunny beaches or rocky

mountains? I think I could

fit with either of those scenarios.

It definitely would

not be anywhere which required

tents and sleeping

bags; five stars are a must. I

think I would chose to be

Thailand. The country is

beautiful, the people delightful

and the food fantastic

- what more could one

ask for!


Local News 17

Kings Chambers launches unique arbitration service

Barristers at Kings Chambers

have launched a

unique and innovative

service to make it simpler,

faster and more cost effective

for businesses to resolve

litigation disputes.

Sir Maurice Kay, His Honour

David Gilliland QC, Paul

Chaisty QC, Lesley Anderson

QC and David Casement

QC are amongst the

former Judges, silks and

barristers - all of whom are

arbitrators - who have

teamed up from Kings

Chambers to launch Kings

Arbitration Service (KAS).

KAS provides solicitors and

lay clients with an alternative

method of resolving

disputes to the traditional

courts but retains the opportunity

of having cases

tried.

Fixed fees are a key feature

of the service which includes

options of a paper,

one day or two day arbitration

starting at £3,000 for

Three recent digital headlines – and how to react

May saw several announcements

in digital

that may change the way

you operate. We've

rounded up the key

points, and what they

mean for you.

More space for tweets

What happened?

Twitter announced changes

to what counts towards its

character limit. In the coming

months, @usernames,

links, image attachments,

video and polls will no

longer count. Meanwhile

@mentions will be visible to

all followers rather than just

the recipient.

What does it mean?

You can say more in 140

characters. That's especially

important bearing in mind

tweets with media attract

far more engagement. Of

course, everyone else will

be enjoying the same freedom,

so there's more pressure

to stand out as feeds

will be looking increasingly

busy.

disputes over sums up to

£1m.

Kings Chambers says its arbitration

service will be ‘fast,

simple, private and economical’

for companies who

are increasingly shying

away from pursuing costly

litigation in the courts.

Currently arbitration is invariably

only used when a

contract carries an arbitration

clause. Arbitration,

however, can be used for

any dispute with the consent

of the parties.

Kings will host arbitrations

at its chambers in Manchester,

Leeds and Birmingham

or at a venue of the parties’

choice. Kings is ranked as

one of the leading sets in

both Chambers UK and

Legal 500 legal directories

and was founded in Manchester

in 1946.

Colin Griffin, Chief Clerk at

Kings Chambers, said: “At a

time of spiralling costs,

PPC goes mobile first

What happened?

Google announced its Ad-

Words PPC platform is being

'reimagined for a mobile

first world'. Key points include

changes to device targeting,

responsive display

ads, as well as more space

for ad copy and headlines in

search ads.

What does it mean?

Although the changes kick

in later this year, marketers

will need a plan of action for

bid changes and ad copy revision

to ensure they're

being capitalised on.

Google's tests showed increases

of up to 20% in click

through rates for ads using

the new longer copy, so this

is one to watch out for –

more space to promote

your business in search results

should never be overlooked.

...but mobile going adfree?

What happened?

Three announced they will

clients are increasingly looking

at cost effective ways to

resolve their disputes whilst

having access to the best tribunal.

From our research

with law firms across the

UK, it’s clear that the expense

of court litigation is a

barrier to clients pursuing

their action in the manner

they wish.

“With the recent further increase

in ‘issue fees’ much of

the cost is payable before

entering a court. To commence

a claim in court

which is worth £200,000 or

more will require a payment

of £10,000 with strong rumours

that this will double

again in the foreseeable future.

There are also fees to

be paid to the Court Service

each time an application is

made and again when the

case is set down for trial.

“The culture adopted by the

courts has the effect of increasing

costs at every juncture.

Requiring mediation to

be undertaken even if the

test a blanket ad block on

their network for one day in

June, claiming 'the browsing

experience is degraded'

by ads. In the same month,

PageFair reported that mobile

ad blocking rose by

90% globally in the last year

– with 1.3 million Brits now

using ad blockers.

What does it mean?

Mobile display ads face an

uncertain future; although

it's unlikely this will massively

affect a sector like law,

which probably isn't best

suited to pop-ups or interstitials.

User-friendly, nonintrusive

ads may be the

way forward; but crucially,

this means it's wise to adopt

a multi-channel approach

that doesn't leave you open

to changes in any one area.

parties consider there is little

point to avoid being penalised

in costs is a perfect

example.

“We feel we’re approaching

the process of litigation in

an entirely new way. We

want to see litigants accessing

justice in a cost-managed

and efficient way

allowing them to pursue

claims without the hindrance

of large potential

costs or lengthy compliance

procedures.

“A reduction in costs, bureaucracy

and other factors

is clearly in the interests of

both claimants and defendants.”

Colin Griffin of Kings Chambers

highlights the seven

top benefits of arbitration:

1) Cost: the cost of arbitration

is usually much less

than going to court to resolve

a dispute.

2) Speed: typically a dispute

can be resolved within

a 90-day timescale from the

date of instruction if the

parties so request.

3) Privacy: Court hearings

are open to the public and

the press which can be

damaging for the business

interests and reputations of

the parties. By contrast the

Bolton Law Society Annual Dinner

A hundred or so members

of Bolton Law Society and

their guests gathered on

the edge of the moors at

the Last Drop Hotel for the

society’s annual dinner.

arbitration process and

hearings are private and

confidential.

4) Simplicity: The lengthy

and burdensome process of

guiding a case through the

court system is eradicated

as is costs budgeting (unless

the parties agree to it)

and the frustrations of communicating

with the Court

as well as waiting for a response.

By using KAS directions

are invariably issued at

the outset shortly after the

Letter of Appointment is

signed. Most disagreements

are resolved easily with the

Arbitrator able to convene

telephone (or oral) hearings

at short notice and without

application fees.

5) Specialists: All our Arbitrators

are specialists in their

chosen field and have extensive

knowledge of both

litigation and arbitration.

Utilising Kings Arbitration

gives the parties a choice of

who will decide your case

rather than hoping that

your case will be listed before

the “right Judge”.

6) Certainty: fixed costs

and a clear timetables mean

clients will know when a decision

will be made on their

case. This has the benefit of

providing the parties with

greater certainty and reducing

the costs exposure.

Darin Millar, President of Bolton Law Society and

Vice President of the Law Society, Joe Egan

President Darin Millar of

CMA Solicitors welcomed

District Judge Shaw and the

heads of local organisations

as his guests on the top

table. During dinner presentations

were made by former

President Alan Walsh,

who sponsors the awards,

to Claire Higham of KBL Solicitors

and Thomas Egan of

Joe Egan Solicitors who

were first and second in the

Trainee of the Year Competition.

Darin presented prizes

to the top student from

each year of the law course

at Bolton University which

the Society sponsor every

year.

Following dinner another

former President, David Arkwright,

gave a potted history

of the Society in

proposing the toast to the

Society to which his former

7) Binding: An award from

KAS is enforceable by the

Courts in the same manner

as a Judgement from the

Court, with the leave of the

Court. If the losing party refuses

to comply with the arbitrator’s

award the winning

party can simply apply to

enforce the award at Court

and obtain Judgement.

partner Darin responded.

Guests were then entertained

to hilarious tales of

life at the Criminal Bar by

barrister Jaime Hamilton

from 9, St Johns St.

Many of the members and

guests stayed the night at

the hotel and it is rumoured

that discussions of serious

legal issues of the day continued

in the residents bar

until 4 in the morning.

Joe Egan

Sir Maurice Kay

Colin Griffin


18 Management Issues

Management Matters

This column is now into its eighth 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

Critical - Delusional

Can I suggest ever so strongly that you make reference to the

column from August 2015 where I wrote about the working

capital issues facing many firms and included a whole list of actions

that can be taken simply but could make all the difference.

(You can get the piece on the MLS website or I will happily e-

mail it to you).

Management, accountability and targets are key for fee earners

and heads of departments.

Time certainly flies but even in the last few weeks I have seen

evidence that even with the blessing of external accountants

(who should but obviously don’t always know better) some

firms are still making monthly WIP adjustments that flatter revenue

figures, enhance gross profit and consequently net profit

when there is no substance. When the foundations are built on

sand.

A real working capital error if it cannot be turned into cash.

With available technology – your PMS system or reporting tools

there is no reason why a fee earner cannot, every month, review

all matters and declare what is the recoverable WIP going to be

and very importantly when. Department heads then have a realistic

assessment of performance and the forecasted future and

the finance team are in a much better position to forecast cash

flow.

It’s not just the running out of money scenario but there is also

a major impact on discretionary spend looking forward.

I learned all of this within legal 20 years ago when I congratulated

the FD of a London firm on their achievement of £12m

turnover. Shaking his head he said it would have been so much

better if we hadn’t written off £1.5m of non recoverable WIP at

the year end. In those days the banks of course would just up

the overdraft as you were lawyers.

As I quoted then “Imagine being a firm with £2.5million of lock

up. Outstanding bills of £500k and a bank putting you under

pressure on a £200k overdraft. Crazy stuff as it can so easily be

fixed with realism.”

A Critical Measure

In passing we have spoken about what I consider to be a key

performance measure. Again within law firms I first became

aware of it when in a partners meeting one stalwart said compared

to the others his billing performance was by far and away

the best and so his opinion should count for more. It was only

later when I checked things out that I discovered that he had a

team of four working directly for him – secretary and three others

so that when we took account of his drawings and the direct

cost of the others his contribution to the practice was effectively

zero.

Gross Profit is a critical performance measure for the firm and

comparing performance by heads of department. Still unfortunately

not uniformly applied but so important. It is missing

from some PMS systems even now but it is critical that this is applied.

GP is a simple calculation that takes the billing by department

and deducts the direct costs of doing the work, partner drawings,

costs of employment of departmental staff (partners,

lawyers, para-legals, secretaries and referral fees if there are

any). There is no point in trying to allocate other overheads or

discretionary spend as that is what they are as well as being a

diversion.

There are still firms that do not take into account partners drawings

# in # # real # performance # # stats # # (again # # sometimes # # aided # # and ' abetted

# by # accountants) # # # – again # # this # is delusional # # and # may # have #

#

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firms

#

thinking

# #

they

#

are

#

making

#

net

#

profit

# # #

when

# #

they

# #

aren’t.

# # # #

##

Just # as a benchmark I wouldn’t expect to see a commercial, private

client or family team not achieving say 65 – 70% gross

# # # # # # # # # # # # # # #

# # # # # # # # # # # # # # #

profit. # Some # volume # # # work # may # # be as # low # as # say 50% but if systems

#

are being used correctly certainly no less

# # # # # # # # # # # # # # # # #

# # # # # # # # # # # # # # # # # # #

Just look # at # the # potential # # dynamics # # # and the benefits accrued by

focusing # on upping Gross Profit by just a little.

# # # # # # # # # # # # # # #

It is a key measure in the nasty commercial world too – if by

# # # # #

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Local News

His Final Bow

In June 2014, we reported in the Messenger that Bill Jones had stepped down as Managing Partner as JMW. In

April this year Bill retired from private practice after spending more than 40 years in the law. Bill’s retirement

prompted a multitude of good wishes. Here are just a few tributes that Bill received, confirmation that he

truly is a Manchester Legal Legend...

The last 15½ years have been an absolute pleasure and I feel

so very privileged to have worked not just for you but alongside

you and learnt so very much. You have inspired me

throughout my career and have been a phenomenal role

model. I now find myself in a great position here at the firm

surrounded by fantastic people and this is down to you and I

simply cannot thank you enough. Not only have you been

my boss but also a true great friend and together we have

shared so many laughs and happy times be it on the football

pitch, golf course, ski holiday’s and of course our obligatory

weekly pints in the Grapes. These times will be etched in my

memory forever.

People often refer to certain key figures as ‘Legends’ and most

of the time it is not used in the right context but I think it is

right for you! The true legend of JMW.

Dan Clark

I have never working with a more charming and inspirational

bloke. Good bosses lead but great boss inspire and you inspired

me. Maybe too much!

I hope we’ll catch up in the not too distant future and wish

you all the best with your new venture. As always, it sounds

very exciting.

All the very best and thanks for the memories.

Sam Hall

There is no way of saying this without sounding like a complete

suck up but having the chance to watch you work has

been genuinely special.

What Sam and I are striving to create is a firm with an atmosphere

and ethos like the one you created. You genuinely are

an inspiration for us. I know due to your modesty you may

not accept what I am writing which is why I am emailing as

opposed to saying it to you when you would cut me off.

It would be an honour if you would on occasion spare us

some time as a mentor to share your wisdom and guidance...

Thank you for the chance to work with you. I know that the

next chapter for you will be just as amazing as the last.

James Brown

Thank you so much for being so kind and welcoming in the

short time that I have known you.

You are truly an inspiration and from the bottom of my heart

I wish you all the best.

Look forward to seeing you soon.

With kind regards

Tasnim Khalid

On a personal note I would like to take this opportunity to say

many sincere thanks for what you have done for me and my

family – in particular our Ben.

All those many years ago I’ll bet you never envisaged creating

such a fantastic family business and for it to have grown so

much.

In many ways a business reflects the image and personality

of its head.

Much like a football team mirroring the manager’s image in

the way they play.

For sure Bill you created JMW in the way you are as a person.

Obviously the foundations you have put into place will mean

that JMW will remain in ‘The Champions League’ for many,

many years.

You can rest assured that we are in extremely safe hands.

All the very best for the future with your new challenge although

I don’t think you need luck – you will for sure succeed

and bring your own special brand and personality to the role.

And always remember…………..

“Life is not measured by the number of breaths we take but

by the moments which take our breath away.”

Cheers Bill

Alan Warner

Return of a Traveller

Long-standing Manchester Law Society member Aidan Carr has returned to practice in

Manchester after spending nearly two years commuting to Dublin to develop a new

office for BLM and then taking a six month sabbatical, travelling in California.

Aidan, former Senior Partner at Rowlands moved to

BLM in March 2010 to specialise in healthcare regulatory

work, defending doctors and dentists under investigation

by the General Medical Council and

General Dental Council and providing representation

in related inquests and prosecutions.

Before the move Aidan successfully defended in many

high profile cases including the first gross negligence

manslaughter prosecution at the Old Bailey arising from

the inspection of fairground rides and secured a stay of

proceedings on the grounds of abuse of process in a prosecution

brought by the Environment Agency – Greater

Manchester`s Fridge Mountains Case. He provided representation

in The Shipman Inquiry.

Aidan commented “I enjoyed my 5 years at BLM immensely.

I had grown up professionally with many of the

partners there so it was a pleasure to work alongside

them. Initially I also undertook work for the SHE team but

then focussed on GMC and GDC Fitness to Practise Hearings

and related cases in the coronial and criminal courts”.

When BLM opened their new Dublin office in October

2012 Aidan was appointed Head of Office with responsibility

for business development. The appointment was a

success – the office grew three-fold in less than 2 years.

Aidan explained “I had kept in touch with all the contacts I

had made in Dublin during my time as business development

partner at Rowlands, when the Irish economy was

buoyant and the Irish were investing heavily in property in

the UK and so I had a flying start as Head of Office in Dublin.

It was a very busy time in my career because whilst developing

the Dublin office I also continued to undertake client

work in the UK, flying back for conferences and hearings in

Edinburgh, Manchester and London.

This did however mean that in less than two years I made

just under 300 flights between the UK and Ireland, so when

we had successfully established the Dublin office I decided

to have some down-time and went travelling in California

and Spain, before accepting a consultancy with niche practice,

Morrison and Associates – a position which has enabled

me to return to my wider scope of practice whilst continuing

to provide representation in the healthcare sector”.

Aidan can be contacted at –

Morrison and Associates Solicitors,

53 Fountain Street,

Manchester,

M2 2AN.

Email: ac@maasolicitors.co.uk

Mobile: 07736 466 078

Telephone: 0161 850 1090

Fax: 0161 247 8448


20 Charity & CSR

CILEX

LawWithoutWalls

LawWithoutWalls is about

developing a future generation

of lawyers that are

commercial, innovative,

digitally-savvy and global

thinkers.

This innovative programme

supports students in developing

the right skill set to

thrive in the new global

legal marketplace, learning

how to collaborate across

borders and time zones."

Bryan Hughes, Chief Executive

of Eversheds.

2016 marks the fourth year

of Eversheds’ involvement

with LawWithoutWalls, an

innovative legal and commercial

education project

developed by the University

of Miami School of Law with

whom Eversheds has partnered

since 2013.

The programme is part virtual,

part in-person and is

designed to engage future

leaders of the legal profession

to innovate, develop

commercial skills and improve

cross-border working

practices within the context

of real commercial projects.

LawWithoutWalls has built a

world-class reputation, taking

students from major law

and business schools

around the world and providing

them with a platform

to develop in ways which

are fully aligned to Eversheds’

brand mission of

‘thinking without boundaries’.

This year LawWithoutWalls

kicked off in Madrid in January.

50 students from across

the world including China,

Australia, South Africa, the

US, the UK, Spain and Germany

came together with

over 100 mentors from the

legal and business world.

These mentors included

university professors, general

counsels of multi-national

corporates,

entrepreneurs and practising

lawyers at international

law firms and from inhouse.

20 of these mentors

were either senior lawyers

or ‘rising stars’ from Eversheds

who were in turn

partnered with 20 client

mentors taken from a selection

of Eversheds’ largest

clients. These included

Unilever, Iron Mountain, The

Co-operative Bank, HSBC,

Volvo and many more.

Three lawyers from Eversheds’

Manchester office attended

– James Batham

(Global Head of Innovation),

Sarah Naylor (Principal Associate,

Financial Services

Dispute Resolution) and

Lizzy Tindall (Senior Associate,

Corporate).

The 2016 cohort spent a

weekend together in

Madrid where they were divided

into 10 teams consisting

of students, Eversheds’

mentors, Eversheds’ client

mentors, and other mentors

from legal practice, academia

and business. The

teams worked on teambuilding

exercises, received

personal development

training, heard the stories of

previous LawWithoutWalls’

participants and learnt how

to work effectively together.

Each team left Madrid with

a topic or problem from

legal education or practice,

with topics ranging from social

justice to systems design.

Teams were tasked

with exploring their topic,

fine-tuning their problem

for a discrete audience and,

finally, developing a solution

to the problem they

identified. The solution had

to consist of a business plan

and prototype such as an

app, a new model regulation,

a website or new software.

The next four months saw

weekly online meetings,

webinars and training sessions

delivered by worldleading

experts and

covering topics such as

project management, effective

storytelling, brand

awareness and gender

equality. In addition,

through weekly online collaboration,

the teams

worked together on business

plans and prototypes

with Eversheds and client

mentors leading the

process of guiding and supporting

their respective

teams through the research

of their topics and to the development

of an idea.

The LawWithoutWalls programme

culminated in the

‘ConPosium’ which saw the

teams gather together in

Miami in May for this interactive

event. The two day

event saw the teams showcase

their innovations to the

LawWithoutWalls cohort

and a panel of multidisciplinary

judges, including venture

capitalists, who

assessed the substance, viability,

and creativity of the

projects. After the conclusion

of the final team’s presentation,

the entire cohort

voted for their winner. The

2016 crown was won by

‘VIDE’, a mobile phone app

which aims to increase access

to justice by democratizing

the technology used

to produce social biographical

videos to humanise defendants

of non-violent

crimes in US court rooms.

Lizzy Tindall, a 2016 Eversheds’

mentor commented:

“The whole mentoring experience

was fantastic. It

was humbling to work with

so many talented young

people, together with an

impressive group of mentors.

I came away from the

LawWithoutWalls in Miami

programme with new ideas

about the way we can work

together in the global marketplace,

the way we can

present our ideas and the

way we can engage with

the leaders of tomorrow. It

has made me rethink the

role that both individual

lawyers and law firms can

take in the wider commercial

world.”

Deans Court Chambers Run the Manchester

10k for Cancer Research UK

On the 22nd May 2016, members and staff of Deans Court Chambers joined forces to

take part in the Great Manchester 10k Run.

Our ultimate goal was to raise money and awareness for an amazing charity in memory of

one of our criminal Barristers, Nicholas Courtney, who sadly passed away earlier this year.

In total we have raised £5254.85 for Cancer Research UK which is an amazing achievement,

and made the run worthwhile.

We would like to thank each and every one of you who took the time to donate to a well

worthy cause. We aren’t natural runners here at DCC so taking part in the 10k was a tough

challenge for all involved.

Some of the participants from DCC - We did not look like this once over the finish line!

Team Building in Madrid

Send your Charity and CSR events to

j.baskerville@jbaskerville.co.uk


On Sunday 22 May 2016,

various members of Irwin

Mitchell took to the

streets of Manchester

with thousands of other

runners to take part in this

year’s Great Manchester

Run.

The run is Europe’s biggest

10k running event , with

around 300,000 runners taking

to the streets. Our Manchester

team ran to raise

funds for the office charity

of the year, MedEquip4Kids

(http://www.medequip4kid

s.org.uk/).

MedEquip4Kids is a children’s

charity raising money

to provide paediatric medical

equipment and facilities

for hospitals and community

health teams. Their aim

is to help ensure babies,

children and teenagers receive

the best possible care

when sick or injured.

An amazing total of 16

members of the office ran

the race, including Medical

Law Firm tackles 35 mile run and

climb for charity

Jefferies Solicitors has

raised nearly £1,000 for

charity by running the

Manchester Marathon

and hiking up Snowdon.

The charitable team at the

Altrincham-based solicitors

firm has run and walked 35

miles altogether for their

chosen charity – The Children’s

Adventure Farm Trust.

Four keen runners took part

in the Manchester

marathon on 10th April led

by director Nina Ramsden,

and a 19-strong team took

part in the Snowdon climb

Negligence Partner, Frank

Patterson. Well done to the

team who ran: Samantha

Lewis, Graham Feeney, Mark

Goodfellow, Mealla Logue,

Frank Patterson, Alex Curran,

Amanda Goral, Emma

Bates, Hayley Crombleholme,

Alan Deveney, Paul

Kelly, Sara Wakefield, Victoria

Akroyd, Darren Hark, Ciaran

Wells, Jonathan Brett.

Some fantastic times were

achieved on the day, despite

the rain that managed

to creep in late morning.

After the race, the team

were invited to join the

charity’s after-party at Bourdon

and Black, just off Albert

Square in Manchester,

as the charity showed their

appreciation. It was a great

opportunity for our team to

meet other runners for the

charity.

Alexandra Barrie, Solicitor in

the medical negligence

team in Manchester office

and Head of the IMCF Manchester

committee, said: “It

on 23rd April.

CAFT is Jefferies Solicitors’

chosen charity and the

team has been committed

to fundraising on its behalf

for several years.

Nina Ramsden comments:

“Running and walking over

35 miles across both events

was certainly challenging

but it was a great opportunity

to raise money for a

charity that’s close to our

hearts.

“We have been involved

with CAFT for many years

Charity & CSR 21

Irwin Mitchell takes part in Manchester 10k for MedEquip4Kids

is great that so many members

of our office were able

to participate in the Great

Manchester Run. It’s a fantastic

event with a heartwarming

atmosphere as

members of the public line

the street to cheer on all the

runners. Thank you to all

those from our office who

took part – money is still

coming in from the event

and there’s still time to

sponsor the team!”

If you wish to sponsor the

team who ran please visit

the fundraising page:

http://uk.virginmoneygiving.com/IrwinMitchell10k

To date, the team have

raised over £500 from online

and offline donations

(including gift Aid).

and we’re proud to be helping

such an important charity

in the community.”

CAFT was established in

1985 by Founding Patron

Tim Grundy. It is based in

the grounds of a beautiful

17th Century Farmhouse in

Millington, Cheshire and offers

free adventure breaks

and activities to children

who are disadvantaged by

illness, disability and

poverty.

For more information on

CAFT, visit www.caft.co.uk

Legal eagles planning to fly high in

three peaks challenge

Members of leading Manchester law firm,

JMW Solicitors LLP and Manchester and

Leeds-based Barristers Kings Chambers,

are set to scale England, Scotland and

Wales’ highest mountains in 24 hours as

they tackle the three peaks challenge for

charity later this month.

The team, comprising 18 individuals from the

two professional services firms, will be raising

money for national charity, the Child Brain Injury

Trust. They aim to conquer the three

mountains in 24 hours, following in the footsteps

of other adrenaline junkies who have

taken on the challenge.

Setting off from Manchester city centre early

on the morning of Thursday June 23, the professionals

will reach the Glen Nevis Visitor

Centre, to commence climbing Ben Nevis,

Scotland’s highest mountain, at 5pm. They

will then travel on to Scafell Pike, England’s

highest mountain, and Wales’s highest mountain,

Snowdon. They hope to complete the

challenge by 5pm the following day, Friday 24

June.

Andrew Lilley, partner at JMW and part of the

team undertaking the three peaks challenge,

said: “We’ve had a close link with the Child

Brain Injury Trust for a number of years now,

and when the challenge was laid down to

scale the three peaks, we weren’t able to resist.

I’m really looking forward to seeing

months of training pay off and for our team to

complete the challenge in 24 hours.

“I’m also sure I speak for the rest of the team

when I say how grateful we are for the support

we’ve had from colleagues, family and

friends over the last few months. It feels like

a lot of people have really rallied round to

support our challenge attempt and we’re very

keen to do them all proud.”

The full list of individuals undertaking the

challenge are: Andrew Lilley, Charlotte King,

Andrew Lilley

Naomi O’Rourke, Heather Bennett, Charlotte

Boothroyd, Steve Brown, Liz Fletcher,

Kim Peet, Francesca Powell, Alison Chu,

Sam McElroy, Anna Ozarowska, Catherine

Anderson, Helen Mulholland, Rory Davis,

Steve Loxton, Charlotte Law and Rachel

Galloway.

You can sponsor the team by visiting their

JustGiving page: https://www.justgiving.com/fundraising/CBITthreepeaks

JMW is also the Child Brain Injury Trust’s

sole legal support services provider in the

North West, and ensures that any individual

or family who wishes to use the charity’s

services in the region, is able to access the

full suite of services offered by the firm, getting

the advice they need in the face of an

acquired brain injury.


22 News

CILEX

The Future of Conveyancing

Adam Bullion, General Manager of Marketing at InfoTrack

explores how we have embraced technology and how

technology needs to be employed to reduce the time

between instruction and completion.

Looking back, it’s probably

fair to say that the

processes associated with

conveyancing haven’t

changed dramatically,

other than the failed HIPS

scheme almost 10 years

ago. However, you’re

probably aware that the

Department for Business,

Innovation and Skills (BIS)

will soon issue its ‘Call for

Evidence’ as they look at

the future of conveyancing.

This is in response to

home buyer experiences

where there is an unknown

outlay of costs due

to delays within the

process.

Conveyancers themselves

would admit to sharing similar

frustrations with the

process. Presently, conveyancers

are visiting a

plethora of websites to

complete matters. That

means rekeying the same

information repeatedly into

unrelated systems that look

completely different. And

with each site requiring a

different log in and password,

it’s simply inefficient

when you compare it to the

aggregated technology in

our personal lives.

Consider how we manage

our day to day lives now

we’re living in a 24-hour society.

We all have a myriad

of useful ‘apps’ on our smart

phone or tablet which is

technology that we enjoy

using. It’s these experiences

that change our expectations

– to the point where

we now demand more. Having

been exposed to clever

and intuitive technology we

now have an elevated expectation

of instant results.

Unfortunately, the same

can’t be said of the conveyancing

process, a

process that some consider

as being suffocated by regulation.

Conveyancers’ frustrations

are clear – too many

steps in the process to manage

risk. Too many forms to

complete. Too much rekeying

of data. And too much

time spent managing

clients who don’t understand

the conveyancing

procedure. Taking into account

all these frustrations,

we simply need functional,

enjoyable technology that

ensures the process is made

smoother, faster and easier.

The simplest answer is to

use technology that reduces

the time between instruction

and completion,

keeping both the conveyancer

and homebuyer

happy. Companies that

offer technology for the

conveyancing industry

need to focus on incorporating

all steps of the conveyancing

process,

including AP1 Transfer, SDLT

Submissions and even the

Contract Pack, in order to

make it easier to manage;

simple steps that reduce the

stress of a transaction for

both the conveyancer and

their client.

Providing the industry with

the ability to complete all

relevant searches, transfers,

form submissions and contracts

within a single website

means that

conveyancers will start saving

time from the moment

the quote is issued, and we

all know that time is money.

Utilising a single website

where all aspects of the

process link together eliminates

any rekeying of information

and accessing of

multiple sites simplifying

the various tasks.

The future of conveyancing

is very much a change of

technology rather than the

home buying process. And

that’s why it is now important

that conveyancers

adopt technological

change. In the crowded

market of suppliers, there

are technology innovators

but it’s up to the conveyancer

to take a step back

and look objectively at technology

solutions that deliver

against their needs.

InfoTrack already has a fantastic

heritage of delivering

superior information services

in Australia and has

brought that same vision to

the UK market, with a fast

growing base of happy

clients working with a more

efficient platform. InfoTrack

are applying forward thinking

technology that truly

challenges the traditional

methods of completing a

matter, ensuring all tasks –

from instruction to postcompletion

– can be completed

within a single

system.

Manchester Free Legal Help

The Manchester Free

Legal Help (MFLH) is a

support service located at

the Manchester Civil Justice

Centre.

Its aim is to assist people

who need legal advice and

support but are unable to

afford it, or are not entitled

to Legal Aid. The impact of

legal aid cuts, on both

clients and the legal profession

is great. MFLH is committed

to ensuring that

Litigants in Person receive

access to justice and it

should not be seen as a substitute

for Legal Aid funding.

MFLH was set up in September

2014 by The University

of Manchester School of

Law and is a clinic of and

supported by LawWorks.

The service offers pro bono

legal advice and support by

coordinating appointments

(face to face or telephone)

with a volunteer

solicitor/barrister. To assist

with and increase the number

of available appointments

MFLH uniquely

brings together a number

of volunteers with wide

ranging skills from law firms,

chambers and three academic

institutions (The

School of Law at The University

Of Manchester, The University

of Law and BPP).

Students are supervised by

solicitors and barristers, giving

them the opportunity to

connect with the local legal

profession, as well as gain

valuable skills by actively

engaging with clients who

are often well in to the litigation

process.

The Centre needs volunteer

solicitors and barristers to

assist in providing free legal

advice in different areas of

law such as civil litigation,

consumer rights, wills and

probate, immigration, family,

welfare and more. With

the help of volunteers the

Centre can 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.

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.

The Centre offers volunteers

the ability to do pro bono

work, help Litigants in Person

and support the local

community. The Project Coordinator

will assess the

client needs, take a full referral

with all relevant information

of their case and link

them with the most appropriate

pro bono advisor or

support service thus making

it easier and less time

consuming for the volunteers.

For more information and

to get involved please call

0161 240 5034 or email

freelegalhelp@manchester.ac.uk

MFLH is a sister project of

The University of Manchester

School of Law Legal Advice

Centre (LAC) that has

been running for over 17

years. What started as an

opportunity for law students

to gain clinical education

and experience of ‘real

life’ clients has grown into a

vital community service, advising

the Manchester

conurbation on a variety of

legal issues, including family,

employment, housing,

and dementia law.

Due to the increase in the

number of mental health requests

the LAC worked hard

to create a sustainable advice

and support network

for these clients. The Dementia

Law Clinic, which

has been created in partnership

with the charity Making

Space, offers free legal

assistance for sufferers of

dementia and their families.

This Clinic has been hugely

successful, and the LAC was

recently awarded ‘Best New

Student Pro Bono Activity’

at the LawWorks & Attorney-General

Awards in London

in recognition of the

positive impact the work in

the Dementia Law arena

has had on the local community.

In addition, the

work done by the LAC was

recently awarded Highly

Commended in the ‘Inspiring

Communities’ category

at the University of Manchester

Social Responsibility

Awards.

The University of Manchester

is dedicated to alleviating

the detrimental effects

of the cuts to legal aid, and

through the LAC and MFLH

is working to increase access

to justice and support

the local community

through innovative but sustainable

free advice services.

MFLH contact details

Email: freelegalhelp@manchester.ac.uk

Tel: 0161 240 5034

Website: manchesterfreelegalhelp.org.uk

Twitter: @mancfreelegal

LAC contact details

Email: free.legal@manchester.ac.uk

Tel: 0161 275 7976

CILEX News

The Greater Manchester CILEx branch would like to

thank Christopher Boxall and Phillipa Hildyard of Park

Square Barristers

(http://www.parksquarebarristers.co.uk/) for providing

May’s training. Christopher and Philippa provided on

training on instructions to Counsel and what information

Counsel would require. The Training was extremely popular

and helpful for all who attended.

The Chartered Institute of Legal Executives (CILEx)

scooped the award for 'Best Social mobility initiative by

a professional body' in the 2016 MemCom Membership

Awards held at the Royal College of Obstetricians and

Gynaecologists, London on 19 May.

The MemCom Awards recognise excellence in membership

organisation communications. The social mobility

initiative category was introduced this year to recognise

the changing work of professional bodies. The award

was judged by Nicholas Miller, Director, The Bridge

Group (an independent, not for profit, policy association

promoting social mobility) and Suzanne Maskrey,

Deputy Chief Executive, Brightside (a charity that helps

young people access the education and career pathways

they might not have believed were available to them).

The judging panel in its citation for the award said “CILEx

is the only route into the legal profession which is truly

open to all whatever their background. Going further in

this area, their new CILEx Tech Level 3 Diploma in Law

and Legal Skills launching this year is designed specifically

for 16–18 year olds, it will enable young people to

choose to study practical legal skills and knowledge and

gain valuable work experience that will allow them to

embark on a fulfilling career in law. The judges were impressed

with CILEx’s work in this area including publishing

member stats on background and diversity.”

On winning the award Mandie Lavin, CILEx chief executive

officer, said “It was a huge honour to be nominated

for this award and we are delighted to have won, particularly

given the strong competition. In accepting this

award, CILEx remains committed to actively promoting

social mobility and diversity within the law.” The

award was received by Martin Callan, CILEx vice-president

and Vicki Hurdley, CILEx director of sales and development.

If you are interested in joining the Manchester branch,

please email manchestercilex@outlook.com. The

branch regularly holds both CPD events and Social

events.

We are always looking for new ideas and events, if you

would like to get involved with the committee, please

get in touch.

The next CPD events will take place on 30 June 2016.

Please contact the branch for further information.

The branch will be holding its annual BBQ on 28 July

2016. Please contact the branch for further information.

Rachel Stevens

Chair


conveyancing

n

ci

ng

is moving on

Times

change – so why do systems and processes s seem to stay the same? You know there must be ways of saving yourself

hassle and making your work easier, it’s just that someone needs to make those things real. That’s where we come in.

InfoTrack is a service e provider that’s challenging the norm so that conveyancing can evolve. With us, you can carry out all

your key tasks – including Searches, SDLT

Submissions and AP1 Transfers – within a single website.

Times change –

and we’re driving those changes, for you.

Land Registry

Searches e

SDLT AP1

To move on with InfoTrack, visit infotrack.co.uk/movingon

or call 020

7922

5777


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the very best audio-visual, multi-media and collaboration solutions into

legal working environments with ease. It’s because 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

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

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basis.

ad-hoc

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on

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business

team or

in-house

an

for

upport

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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

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improve their customer delivery, save time and money and ultimately

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– all the brands and multiple product lines together in one place,

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David Opie: 01524 220001 or davidopie@etsos.co.uk

AML Training

ML Solutions provides cost effective anti-money laundering training

organise and manage their compulsory AML training obligations. All

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Bill Jones or Sarah Scott: 0161 828 1937 or info@mlsolutions.co.uk

Michelle Garlick: 0161 233 7330 or michelle.garlick@weightmans.com

callouts - whatever your requirement give us a call.

Contact

Jason Dixon: 0844 8932919 or jasondixon@docutechsolutions.co.uk

A group of carefully selected partners who have had due diligence

undertaken to ensure we are only working with the most

professional, innovative and knowledgeable of companies.

Working with our partners will ensure that our members have improved

efficiency and value, and most importantly, reduced cost

helping your practice to develop and succeed.

Key services that our preferred partners expertise lies in are:

Regulatory and compliance advice and assistance to law firms and

others in the legal sector, whatever your structure. A flexibly, tailor

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Fully outsourced switchboard facility, support for an in-house team

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PII & CYBER - What Might We Expect This

Renewal Season?






SRA Activity - all practices will be aware of the

impending reduction in the Code of Conduct to

10 pages and the intended shrinking of the SRA

Handbook to approximately 50 pages from the 600 or

more currently seen.

Insurers are awaiting sight of this before making any

formal comment but we are aware at this stage that

a close eye is being kept on the issue of third party

managed accounts in particular.

Obviously there is some hope that this will seek to

address much of the risk that currently goes with

holding and handling client money, especially so

given the SRA announcement of over £50m having

been stolen from solicitors’ practices over the last 18

months or so, though it is of course acknowledged

that there are potential downsides to yourselves as a

profession in terms of additional cost, loss of interest

and possible delays e.g. to conveyancing transactions.

In addition to the above, we have ongoing SRA

Consultations - one running until 14th of July,

proposing a change to Participating Insurers’


regulator and improve competition in the market

following an approach by The Society for Licensed





regulator, i.e. not ceasing practice entirely.

This consultation is not tied in with the more

substantive consultation on changes to the Minimum

Terms and Conditions (MTC) for PII in line with the

Insurance Act 2015.

So, turning now to The Insurance Act, due to come into

force from 12th August this year.

Many Insurers (with some exceptions) have not yet

fully set out their approach to this vis a vis what they


policy will respond.

Perhaps not as much of an issue for your own

profession as it will be for others in view of the extent


do have concerns about this.

We are ourselves in the process of writing to our

own clients setting out the impact of the Act as we

see it might have upon them, but for the purpose of

this article we set out below a few highlights for your

attention, starting with the positives:

• The Act adjusts the contract risk presently



between them and yourselves as Insureds

• Some mitigation of contractual terms favourable

to Insurers, such as terms that limit their liability

cannot now be relied upon if they are irrelevant to

the breach that caused the loss

• Greater contract certainty

BUT, you should also bear in mind:

• Directors, partners, senior managers etc. must

adjust to the legislation.

• You have a new duty to provide a fair presentation



Partners, senior managers etc.

• You have an obligation to undertake a reasonable

search for material information to disclose to

insurers.

• Proportionate remedies are available so where you

are in breach of the duty of fair presentation

(though Insurers retain the right in some cases to

avoid the policy and make no payment).

• Parties can ‘contract out’ from certain aspects of

the Act. It seems some Insurers will do so for larger



We at MFL are already a little concerned with what we



simply asking for information as limited as fee income

and fee split, before asking you to declare ‘any other

material facts’.

What will happen in these scenarios in the event of a

failure to declare something? Only time will tell.

In Summary – it is felt that the SRA Consultations will

not impact on PII until 2017. The Insurance Act will

we feel have limited impact in October but a much

greater change could be expected next year, in terms

of underwriting information.


It is fair to say we have a mixed bag just now. For


seen a continued softening of the market, with some


As ever, the possibility of more new entrants is there

once again though nothing concrete to report just

yet, whilst we see some of the established markets

re-trenching somewhat with mixed outcomes to date,

some tightening up, others looking to grow.


the Excess Layer markets, where we are aware of

some hardening, e.g. certain Insurers changing


increases or pulling out altogether.

Here at MFL it is fair to say the market is a little split

in terms of the make-up of a practice. For example,


Insurers in genuine specialist, niche, practices such

as Gaming, Sports Law, FI, Procurement, Transport,

Clinical Negligence, Employment, IP to name a few

examples.

Whilst not every Insurers’ cup of tea, those less keen

on such specialists still seem to favour the traditional,


there appears to be an improving picture; so for

example there are Insurers looking a little more kindly

on Conveyancing



and better client relationships.


with a focus on the lowest price are often the most


Ombudsman’s caseload being complaints about fee

level.

Turning now to Cyber Insurance. You will have seen

our own bulletins highlighting the need for this. With

many Third Party fund losses caused by cyber fraud



being picked up by the PI policy.

For instance, you may be interested to know of approx.

100 cyber fraud attacks dealt with by one Insurer alone

over the last year where the average costs for forensic



to dovetail properly with the PII.

In summary, MFL have new facilities for MLS members

to address both PII and Cyber Insurers. We’ll be

writing to members individually but in the meantime,



not hesitate to get in touch with us as below.

Risk Update

Welcome to the July edition of 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,

Director

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




































PII & CYBER - What Might We Expect This

Renewal Season?





their PI insurance (PII) on or around 1st




































PII & CYBER - What Might We Expect This



their PI insurance (PII) on or around 1st


do have concerns about this.

We are ourselves in the process of writing to our

own clients setting out the impact of the Act as we

see it might have upon them, but for the purpose of








































do have concerns about this.

We are ourselves in the process of writing to our

own clients setting out the impact of the Act as we

see it might have upon them, but for the purpose of







































We are ourselves in the process of writing to our

own clients setting out the impact of the Act as we

see it might have upon them, but for the purpose of

As ever, the possibility of more new entrants is there

once again though nothing concrete to report just

yet, whilst we see some of the established markets

re-trenching somewhat with mixed outcomes to date,

some tightening up, others looking to grow.




































As ever, the possibility of more new entrants is there

once again though nothing concrete to report just

yet, whilst we see some of the established markets

re-trenching somewhat with mixed outcomes to date,

some tightening up, others looking to grow.




































As ever, the possibility of more new entrants is there

once again though nothing concrete to report just

yet, whilst we see some of the established markets

re-trenching somewhat with mixed outcomes to date,

some tightening up, others looking to grow.




































October, we take an early look at those







Manchester Law Society Regulatory

Conference.



SRA Activity - all practices will be aware of the

impending reduction in the Code of Conduct

10 pages and the intended shrinking of the SRA




































October, we take an early look at those






Manchester Law Society Regulatory




all practices will be aware of the

Code of Conduct to

10 pages and the intended shrinking of the SRA

this article we set out below a few highlights for your

attention, starting with the positives:






































this article we set out below a few highlights for your

attention, starting with the positives:

The Act adjusts the contract risk presently



between them and yourselves as Insureds

Some mitigation of contractual terms favourable

to Insurers, such as terms that limit their liability

cannot now be relied upon if they are irrelevant to

the breach that caused the loss




































this article we set out below a few highlights for your

attention, starting with the positives:

The Act adjusts the contract risk presently




between them and yourselves as Insureds

Some mitigation of contractual terms favourable

to Insurers, such as terms that limit their liability

cannot now be relied upon if they are irrelevant to

the breach that caused the loss


the Excess Layer markets, where we are aware of

some hardening, e.g. certain Insurers changing



increases or pulling out altogether.

Here at MFL it is fair to say the market is a little split

in terms of the make-up of a practice. For example,


Insurers in genuine specialist, niche, practices such

as Gaming, Sports Law, FI, Procurement, Transport,

Clinical Negligence, Employment, IP to name a few








































the Excess Layer markets, where we are aware of

some hardening, e.g. certain Insurers changing





increases or pulling out altogether.

Here at MFL it is fair to say the market is a little split

in terms of the make-up of a practice. For example,



Insurers in genuine specialist, niche, practices such

as Gaming, Sports Law, FI, Procurement, Transport,

Clinical Negligence, Employment, IP to name a few

examples.






































the Excess Layer markets, where we are aware of

some hardening, e.g. certain Insurers changing


Here at MFL it is fair to say the market is a little split

in terms of the make-up of a practice. For example,



Insurers in genuine specialist, niche, practices such

as Gaming, Sports Law, FI, Procurement, Transport,

Clinical Negligence, Employment, IP to name a few




































10 pages and the intended shrinking of the SRA

Handbook to approximately 50 pages from the 600 or

more currently seen.

Insurers are awaiting sight of this before making any

formal comment but we are aware at this stage that

a close eye is being kept on the issue of third party

managed accounts in particular.

Obviously there is some hope that this will seek to

address much of the risk that currently goes with

holding and handling client money, especially so

given the SRA announcement of over £50m having




































10 pages and the intended shrinking of the SRA

Handbook to approximately 50 pages from the 600 or

Insurers are awaiting sight of this before making any

formal comment but we are aware at this stage that

a close eye is being kept on the issue of third party

managed accounts in particular.

Obviously there is some hope that this will seek to

address much of the risk that currently goes with

holding and handling client money, especially so

given the SRA announcement of over £50m having


BUT,







































Greater contract certainty

BUT, you should also bear in mind:

Directors, partners, senior managers etc. must

adjust to the legislation.

You have a new duty to provide a fair presentation



Partners, senior managers etc.

You have an obligation to undertake a reasonable

search for material information to disclose to




































you should also bear in mind:

Directors, partners, senior managers etc. must

You have a new duty to provide a fair presentation





Partners, senior managers etc.

You have an obligation to undertake a reasonable

search for material information to disclose to

examples.

Whilst not every Insurers’ cup of tea, those less keen

on such specialists still seem to favour the traditional,


there appears to be an improving picture; so for

example there are Insurers looking a little more kindly

on Conveyancing



and better client relationships.





































examples.

Whilst not every Insurers’ cup of tea, those less keen

on such specialists still seem to favour the traditional,





there appears to be an improving picture; so for

example there are Insurers looking a little more kindly

Conveyancing












and better client relationships.







































Whilst not every Insurers’ cup of tea, those less keen

on such specialists still seem to favour the traditional,




there appears to be an improving picture; so for

example there are Insurers looking a little more kindly











































given the SRA announcement of over £50m having

been stolen from solicitors’ practices over the last 18

months or so, though it is of course acknowledged

that there are potential downsides to yourselves as a

profession in terms of additional cost, loss of interest

and possible delays e.g. to conveyancing transactions.

In addition to the above, we have ongoing

Consultations - one running until 14th of July,

proposing a change to Participating Insurers’




regulator and improve competition in the market

following an approach by The Society for Licensed




































given the SRA announcement of over £50m having

been stolen from solicitors’ practices over the last 18

months or so, though it is of course acknowledged

that there are potential downsides to yourselves as a

profession in terms of additional cost, loss of interest

and possible delays e.g. to conveyancing transactions.

In addition to the above, we have ongoing SRA

- one running until 14th of July,

proposing a change to Participating Insurers’




regulator and improve competition in the market

following an approach by The Society for Licensed



We at MFL are already a little concerned with what we