Newcastle July 2016

July/August 2016
Dere Street’s Elizabeth Callaghan
wins the LAPG’s Legal Aid Barrister
of the Year Award 2016
In this issue
Obituary
John Kenelm Kilner
Matching London
Chancery
Continuing Competence

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Editorial
The calendar tells us that we are
now in the middle of summer,
although the weather tells us
something different. This is the
time of year when many of us men
who have shied away from the
kitchen for 11 months are
suddenly blessed with the powers
of a Michelin starred chef. Yes it’s
time to wheel the barbeque out of
the garage and show everyone
how easy it is to burn steak! But be
careful because some local
authorities are debating whether
or not to restrict the time when
you can fire up the barbeque.
Those adventurous sorts who like
to pop down to the beach on a
Sunday afternoon for a little al
fresco dining might find that their
local council has curtailed their
fun. There is a suggestion that
Brighton council is currently
considering such a ban. This led
me to look at other curious
restrictions which may be placed
upon us by reason of local byelaws
or ancient statutes. Here are a few;
(a) The Salmon Act 1986 (not so
ancient) prohibits the handling of a
salmon if you suspect that an
offence has been committed "in
relation to" that salmon. So think
on that the next time you're out
fishing and a suspicious-looking
fish swims past!
(b) If you find the tail of a dead
whale on the British coastline you
must give it to the Queen
according to the “King’s
Prerogative” dated 1322.
Interestingly the head should be
given to the King, so presumably if
you happen upon a whale’s head
during the reign of our Queen,
you’re safe to take it home!
(c) Finally, a fairly well known
one, it is illegal to die in the Houses
of Parliament. Some clever lawyer
out there may care to comment
upon how the offender would be
punished.
Parliament or rather politics has
been to the fore over the past few
Contents...
weeks and I can’t recall a time
when there has been so much
upheaval. The electorate exercised
their right to decide upon our
membership of the European
Union and the result appears to
have left our leaders with a bloody
nose. At the time of writing this
editorial we await the arrival in No.
10 of Mrs May and the
announcement of the
composition of her cabinet, with a
particular eye on the position of
Justice Minister and personally
more than a little concern at the
high profile re-emergence of a
former incumbent of that post and
recent nemesis of the our
profession. There is, of course, a
little matter of a leadership
challenge in the main opposition
party and therefore I think
Westminster will keep us
entertained over the next few
months, which might be some
compensation if the weather or
the local council dampens your
outdoor cooking plans.
I came across an interesting and
perhaps unusual article very
recently. A senior circuit judge
retired at Chelmsford Crown Court
and rather than accept the kind
words of his colleagues, this judge
decided to lambast the Crown
Prosecution Service and the police.
He accused them of making ‘daft
decisions’ because they ‘don’t have
sufficient brain cells’. The judge,
claimed it is a ‘matter of some
regret’ that prosecutors ‘don’t
understand’ criminal trials and lack
relevant experience. He said it can
lead to criminals getting off with
lighter sentences because the CPS
allow them to enter early pleas to
less serious crimes
He also hit out at the police, who
he said were often ‘disengaged’
from the trial process. He
suggested that they did not
attend court often enough to
appreciate how the system
worked and that police officers
had limited experience of giving
evidence in court. I remember a
former police officer telling me
that, when he was training he
would be taken to the Magistrates’
and Crown Court to observe
hearings, so that he was not
surprised by the process when he
had to appear as a witness. He
conceded that this no longer
seemed to be the case and
perhaps accounts for the relative
inexperience of officers who do
attend court as witnesses.
Whilst the judge’s opinion may be
seen by some as unfair, there are
cases where as a defence lawyer, it
appears that the CPS have taken
the easy option and accepted a
plea which is seen by the
defendant as a victory. I defended
a client last year who was charged
with kidnapping and from the
outset the CPS was expressing
surprise at his not guilty plea and
contending that there evidence
was very strong. On the day of trial
we negotiated the charge down to
a s.4 Public Order Act offence and
rather than facing several years in
prison, my client was fined. Would
the retiring judge view that as a
“daft decision”?
It is holiday season and if you are
taking a break, then please enjoy
yourself and I hope that those of
you who attended the President’s
summer event had a pleasant
evening.
Paul Hanratty
Editor
Editorial
Diary Dates
15th September
Good Faith in Commercial
Contracts - Seminar
11th November 2016
Annual Dinner
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President’s Column..4 Obituary - John Kilner...5
President’s Summer Party...6 Annual Dinner...7
Matching London Chancery... 8 Law Society News ...11

News from the President
President’s Column
When I wrote my column for the June edition of Newcastle News, it
seems that the world was a rather different place. Since then we have
of course had the EU Referendum. Even in the short time which has
elapsed since the result of this, it is clear that the lives of ourselves,
our families, our firms and our clients may be subject to significant
change. It is of course too early to tell what effects there may be in
the long term and, if and when the withdrawal from the EU actually
takes place. There may be difficult times ahead. There may be threats
and there may be opportunities. Whatever the position, we as
Solicitors have needed for many years to be flexible and adaptable.
Challenges we may face in the near future will certainly put our
abilities to the test.
On a less ominous note, since the last edition I have had the privilege
of being invited to lunch by the Retired Solicitors Group. I spent a
very enjoyable couple of hours in their company and some of them
shared with me some fascinating anecdotes about their experiences
of their younger days and when practising as a Solicitor was far
different to nowadays. I suppose the fact that we are all still here and
going strong illustrates my point that we are very adaptable as a
profession.
As I write this we are making the final preparations for my summer
party. I am looking forward to this enormously. There will be full
report on this in the next edition and I hope that I will be reporting
that we have raised a substantial sum of money for Macmillan!
Mark Harrison
President
4 Newcastle News

Local News
Obituary: John Kenelm Kilner
(January 1938 to July 2016)
John Kilner passed away on 7 July after a short illness, with his wife Pat,
and sons Peter and Andrew by his side.
His father Wilfred Kilner was a founder partner of Hay & Kilner in 1946.
John became a partner in 1961 and was for many years Senior Partner
until his retirement in 2002.
John was a distinguished Private Client lawyer. Like many of his peers, the
work John undertook initially covered a broad spectrum but as the
profession moved on and became more specialised, so did John. John
had a real passion for what he did. Not only did he wholeheartedly
embrace the technical side of what can be a highly complex work area
but he was also very aware of the human side of his work. John always
went the “extra mile” to take care of his clients with real warmth and
empathy. In turn, John’s clients held him in the very highest regard and
many regularly asked after him long after he had retired from the firm.
John was also a very positive influence across the firm. After retirement he
followed the admirable tradition of his father, Wilf, in regularly visiting the
office to further clients’ interests - he was always a welcome and cheerful
presence. I saw and chatted to John recently on one such visit shortly
before his health significantly deteriorated and, although his health was
once again a challenge, he was still smiling and positive. John was an
example to us all.
It is fascinating to think that he became a partner at Hay & Kilner in 1961
and still in 2016 certainly hadn't lost his touch! Until relatively recently he
was Chairman of the Newcastle upon Tyne Abbeyfield Society, a role
which he performed with great energy and commitment. This included
working with us on a much publicised Court case where all involved were
most impressed with John’s calm but very determined and focussed
approach. His weekly visits to the office post-retirement often brought
with them a discussion on some technical point or the latest legal
development. In matters where John was acting as an Executor or Trustee,
he would always carefully consider the content and effect of
documentation before adding his signature.
John was a devoted and proud family man and an active member of
Trinity Church, Gosforth, often to be seen in the choir on a Sunday
morning. He was married to Pat for 54 years and had two sons, Peter, a
lawyer with Clifford Chance in Hong Kong and Andrew, a Retired
Consultant Anaesthetist here in Newcastle. John and Pat have 3
granddaughters.
On the day of John’s funeral we held a long arranged Partners’ Get
Together and it was a poignant evening for us all - I know John had
hoped that he and Pat would have made it. Whilst the timing was far less
than we would have wished, it gave us, as John’s other “family”, the
opportunity to raise a glass in warm tribute.
It was a pleasure and privilege to know John - his many friends and
colleagues at Hay & Kilner have many fond memories of him. We hope he
will rest proudly in knowing all he has achieved and has given to the legal
profession, to Hay & Kilner, to his family, his Church and to a great many
others.
Martin Soloman,
Senior Partner,
Hay & Kilner
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Newcastle News 5

Local News
Summer Party
The President’s Summer Party took place on 14th July
2016 at Eslington Villa Low Fell. The event was sold
out! Thank you to everyone who bought tickets to
support Macmillan Cancer Care. A full report will
follow in next month’s issue.
Shelter Newcastle
Shelter, the UK's leading housing and homelessness charity, marks its
50th anniversary this year, and opened its first face-to-face advice service
in Newcastle more than 40 years ago.
In addition to a free helpline, face-to-face services, online advice, and
more specialist support services, the charity also has a national network
of specialist housing solicitors: Shelter Legal Services. There are over 40
Shelter solicitors, spread across the various Shelter offices throughout the
country, including the local Newcastle office.
The legal team at Newcastle comprises two experienced housing
solicitors, Lorna Rimell and Peter Szoltysek, who carry out a full range of
housing-related advice and litigation services on behalf of clients across
the North East. The service operates under a Legal Aid contract and also
funds cases by way of Conditional Fee Agreements. Work undertaken
includes defending possession proceedings and injunctions, challenging
homelessness decisions, and pursuing claims for disrepair, illegal eviction,
and failure to protect tenancy deposits.
The Newcastle office, which recently relocated from Blackfriars to new
premises at 140-150 Pilgrim Street, also houses a number of other advice
and support services and projects, helping to provide a full service for
people struggling with bad housing or homelessness.
Thanks also to our wonderful sponsors
Seminar:
The Role of Good Faith in
Commercial Contracts
15th September 2016
This seminar forms part of the Business Law Group programme and will
be presented by Christopher Bond from 3 Verulam Buildings, Gray’s Inn,
London. It will start at 5pm – venue TBC
Christopher Bond has practiced from 3 Verulam Buildings in London since
2009. He specialises in commercial litigation of all kinds, both domestic
and international, and in particular banking and financial services law,
professional negligence and civil fraud. Christopher is pleased to return
for a second time to the Newcastle Law Society to present a seminar.
The talk considers the judicial reaction to Yam Seng v ITC, including a
recent Supreme Court decision, Braganza v BP Shipping, and addresses
the extent to which English law is moving towards an implied duty of
good faith in commercial contracts. This is of considerable practical
relevance, given the increasing trend for claimants to plead duties of
good faith and co-operation in the context of, for example, long-term
financing arrangements between a lender and a company, or agreements
to supply essential stock for businesses.
This seminar is free to members of Newcastle Law Society and to
members of firms who formed the original Business Law Group. Please
ask for details if you are unsure. Details will be circulated by e mail but
please put the date in your diary if you are interested in attending.
The charity sees large numbers of people being put at risk of losing their
home, struggling with bad housing and homelessness, or unable to
secure suitable accommodation; and, in its 50th year, Shelter will not rest
until we all have a place to call home.
Potential clients, or other solicitors seeking to refer clients, can contact
Shelter on 0344 515 1601 or via email at shelternortheast@shelter.org.uk.
Further information about Shelter can be found at www.shelter.org.uk.
Newcastle News –
E-Edition
A note to all members who currently receive the magazine by post.
We contacted all of you at the beginning of the year to see whether
you might be willing to receive your copy of this monthly magazine by
email instead of through the post. Over the course of the year this
could save the Society a significant amount of money but we
appreciate it is only of interest if you are a person who regularly checks
their email and who likes to read things online. After our last enquiry
only 5 people contacted us to say they would like to receive the
magazine electronically. We are sure there must be more of you out
there. If you would like to take advantage of this and would be happy
to forego your postal copy would you please email the Society on
mail@newcastlelawsociety.co.uk
If you are one of the five who has already contacted us there is no
need to do this again.
We are seeking the whereabouts of a Will for
Trevor Clark
of Throckley
Newcastle upon Tyne
died 19 June 2016.
Anyone knowing the whereabouts of the original
Will please make contact with Mr A G Gibson of
Gibson & Co 77-87 West Road
Newcastle upon Tyne NE15 6PR.
Telephone : 0191 273 3817.
6 Newcastle News

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Local News
Matching London Chancery
The pull of London is strong. The virtues of regional justice sometimes go
unsung.
Practitioners know that my aim as Chancery Supervising Judge is to
ensure that litigants in the Chancery Division (and, so far as it is within my
remit, in the other specialist Mercantile and TCC Courts also) should
receive at least the same standard of service in the North as they would
receive in The Rolls Building in London. In this I have the full backing of
The Chancellor. On his visit to Liverpool and Manchester in January, he restated
his view that there is no case too big to be tried in a Chancery
District Registry.
The Chancery District Registries are part of the Chancery Division, not
some local franchise: just as those barristers and solicitors who practice in
them are “the real thing”, not a pale imitation of their London colleagues.
The standard of local service should be “at least” the same as The Rolls
Building because it is capable of being better. District Registries are much
more agile than The Rolls Building can be. There is a more closely-knit
legal community capable of more co-operative working. There is a tighter
cadre of judges in closer contact with the Court users and able to be more
responsive both to the demands of individual cases and to emerging
trends, generally without the need for formal “pilot schemes”. Often what
is developed in the regions becomes adopted in London. A good example
is the fixed trial, with a known start date (not a window) and a set end
date. Routine in the regions, but a revolution in The Rolls.
Sometimes The Rolls Building publishes changes in practice or establishes
“pilot schemes”, and I am asked: what is their effect in the regions?
The fundamental point to recognise is that these changes or experiments
will generally be grounded in the needs of The Rolls Building as the
largest concentration of business courts in the world. They may address
matters of interest to specialist courts generally: but they might equally
well address issues of no relevance to a regional centre.
The Practice Note on Masters’ Orders was directed specifically at the way
Chancery Masters dealt with Chancery Orders at The Rolls Building: but it
had some features that could be usefully adopted in the regions and
thereby promote nationwide consistency. A practitioner asked whether it
applied in District Registries. So I issued Guidance to the District Judges
and Practitioners.
The more recently launched “pilot schemes” (“The Shorter and Flexible
Trials Pilots” in the Chancery Division and the “Shorter Trials Scheme”
before the Bankruptcy Registrars) are likewise directed at an issue arising
in The Rolls Building: long lead times for listing. Because there is
significant delay in the listing of cases in London there is a business need
to shorten cases (shorter cases being listed earlier). The pilot schemes are
a re-packaging of existing products to encourage the shortening of cases
and thereby meet this business need. This is simply not an issue for
regional centres like Manchester, Liverpool, Leeds or Newcastle. At the
end of January 2016 in the North it was possible to fix a one day hearing
before a judge in the High Court one week ahead, a two day hearing 3
weeks ahead and a trial of over 5 days only 11 weeks ahead. These short
lead times for trials are unheard of in London.
So the regions have no need of these “pilot schemes”. No sensible litigator
would think of utilising the London pilot schemes if the result was a
slower hearing in London than could be obtained locally in the usual way.
No sensible litigator would issue in The Rolls Building to obtain directions
for trial according to a timetable that is already routine in the regions.
But (as with the Masters’ Orders) we have something to learn. The District
Judges and case-managing Specialist Judges already have all of the casemanagement
powers that are re-packaged and deployed in The Rolls
Building pilot schemes. But sometimes they and those who appear
before them prefer to stick to the familiar paths. The Shorter Trials pilot is
a reminder that bracing timescales can be set. The Flexible Trials pilot is a
good reminder to all that case management directions can be shaped to
meet the needs of a particular case. After all, each case has to be
conducted to achieve an outcome “justly and at proportionate cost”.
Before resorting to the familiar template it is worth asking the sort of
questions one would ask if each case was an individual project to be
managed towards the desired outcome. “Given that we have
corresponded extensively, could we have a trial without pleadings? Could
we not just go to a statement of issues for determination?” “Do we really
need standard disclosure? Can we not proceed immediately to an agreed
bundle of the documents that each side relies upon and then make
applications for specific disclosure?” “Can we think about limiting the
number of witnesses on each side? And the issues they address? Ought
there to be an order that the witness statements shall not provide a
commentary on the documents and shall be subject to a limit of 10 A4
pages?” “Can we limit the size of the bundles of documents?” “Can we ask
the experts to meet and produce a joint report, and only to produce
separate reports on matters on which they are not agreed?”
I would encourage practitioners to seek (and would support District
Judges who promote) much more flexible case management in cases
where the value at risk is modest. After all, active case management
always involves considering whether the likely benefits of a taking a
particular step justify the cost of taking it: CPR 1.4(2)(h). We do not need a
pilot to achieve this.
Nor should regional litigators be disadvantaged as regards costmanagement.
Those adopting the pilot schemes in The Rolls Building can
avail themselves of a different costs management regime (because the
Practice Direction so provides). For my own part I do not see why a
litigant in a District Registry who seeks a package of orders such as has
been put together in the Shorter Trials template should not put into that
package the same provisions as to costs management as apply in the
pilot schemes. Whilst it must be for the judge making the case
management order to exercise independent judgment in the particular
case, for my own part I think it would require compelling argument to
persuade me to the conclusion that an order that would be regarded as
appropriate in London is not appropriate in a regional centre.
So I encourage you to think creatively and to be willing to consider
adopting these order templates in the regions.
Mr Justice Norris
Vice-Chancellor of the County Palatine of Lancaster
8 Newcastle News

Continuing Competence
A brief summary compiled from the recent SRA webinar
Why change from the 16 hours:
• Undertaking 16 hours does not guarantee a competent solicitor
• 16 hours is an arbitrary figure
• The requirement is driving the wrong sort of learning and
development behaviour, it became more about hitting the
minimum standard regarding hours rather than looking at
competence
• Some roles may need more or less than 16 hours; the minimum
therefore increased cost to firms where 16 hours is not required
➢ There is still a regulatory obligation (ref principle 5)
What does the new approach involve:
• From 1 November 2016 it is mandatory that all solicitors adopt
the new approach
• Until 31 October 2016 solicitors can adopt the new approach or
follow existing CPD requirements
• The new approach focuses on individual training needs
• It is a new approach to learning style
• The SRA will monitor the annual declarations to see who has
returned these and what they have said
• A toolkit has now been prepared with case examples, videos
and templates in terms of reflection on learning – available on
the SRA website www.sra.org.uk
• Individuals can uses varying sources to identify improvementi.e.
appraisals, feedback, file reviews
• CPD references in the handbook will be removed and principle
5 will be the key driver
Planning:
• A plan focuses training needs for solicitors and their firm
• Allows a Solicitor to prioritise learning
VFS LEGAL FUNDING
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The funds can be used by you for any purpose. Including, for
example, Tax and VAT payments, removing the need to rely on
costly, fixed term repayment loans from secondary funders.
Disbursement funding (‘DCF’)
VFS funds the ongoing disbursements incurred on PI, Clinical
Negligence and Litigation cases until their natural conclusion.
Costs advance facility (‘CAF’)
VFS can provide immediate funding against most bills that
have been served – releasing cash back into the practice.
Seminars
• The SRA are not interested in mechanisms used by individual
solicitors to record training as long as it is recorded
• Development plans are likely to be a firm favourite with firms
• L&D is not static- a solicitor should revisit and review their plan
regularly
Adopting approach:
• 1 November 2016 rapidly approaching
• The change can be undertaken relatively quickly
• Minimal cost is involved
• Look at the SRA toolkit for pointers and guidance
• If any firm has issues they should contact the SRA directly
Angela Hardman
Principle 5 states that you must provide a proper standard of service to
your clients. For solicitors, an integral part of complying with the
requirement to provide a proper standard of service is meeting the
competencies set out in the Competence Statement.
A Ethics Professionalism and Judgement
A2 Maintain the level of competence and legal knowledge needed to practise
effectively, taking into account changes in their role and/or practice context
and developments in the law, including
a. Taking responsibility for personal learning and development
b. Reflecting on and learning from practice and learning from
other people
c. Accurately evaluating their strengths and limitations in relation
to the demands of their work
d. Maintaining an adequate and up-to-date understanding of
relevant law, policy and practice
e. Adapting practice to address developments in the delivery of
legal services
For a no obligation discussion please call 020 3747 9333
or email enquiries@vfslegal.com or visit vfslegal.com
Newcastle News 9

Local News
The importance of Public Law in the North East is acknowledged as
Dere Street’s Elizabeth Callaghan wins the LAPG’s Legal Aid
Barrister of the Year Award 2016.
The Legal Aid Practitioners Group is a non-profit membership
organisation which represents lawyers delivering publicly-funded legal
services. Operating throughout England and Wales, its members include
private practice and not-for-profit organisations, barristers and costs
lawyers and its focus is to engage directly with the LAA and MOJ to
influence policy and improve the practical operation of the legal aid
scheme. As well as concentration on big policy issues, the LAPG also
champions the concerns of front-line practitioners and their clients in dayto-day
practical issues such as CCMS, audits and tenders.
Founded in 2003, the Legal Aid Lawyer of the Year Awards are also
organised on a not-for-profit basis by the LAPG to celebrate the work of
publicly-funded lawyers. Funded entirely by sponsorship they have, since
their inception, become a quality mark for the profession and for the
excellence, dedication and compassion of those practising in it.
At a ceremony in London on the 7 July 2016, Newcastle’s Elizabeth
Callaghan, who had been nominated by the North East firms David Gray
LLP, Tait Farrier Graham and Southern Stewart Walker, was awarded the
prestigious title of Legal Aid Barrister of the Year. The Chairman of the Bar,
Chantal-Aimée Doerries QC, who was there, described the award as “an
acknowledgement of Elizabeth’s outstanding advocacy as well as her
courtesy, compassion and expertise, which are inspiring and a real tribute
to the Bar”.
Elizabeth was one of the first Barristers in the North East to benefit from
the decision of the Bar Council to expand the Bar Vocational Course to the
provinces. This meant that she not only became one of the region’s first
truly home grown barristers but, as a mature student with a family and
home commitments, was not prevented from achieving her dream of a
career at the Bar by the necessity of having to leave home to live and
study in London.
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From her original career as a Legal Assistant at North Yorkshire County
Council, Elizabeth acknowledges the inspiration she received from
regional counsel that she herself instructed regularly, such as Her Honour
Judge Gillian Matthews QC and Helen Proops
She also pays tribute to her ‘fabulous pupil master’ Giles Pinkney, who
not only supported her with balancing the commitments of a young
family with the rigours of a pupillage, but taught her the most important
lesson in practice, the need to enjoy a good lunch! However, none of this
would have been possible without the support, faith and opportunity
provided at the start of her career by North Yorkshire County Council and
particularly Richard Daly, who instilled in her the confidence and belief
that she could be an effective advocate.
18 years later, Elizabeth’s reputation, along with that of her colleagues at
Dere Street, is acknowledged as second to none, not only in Newcastle
and Yorkshire, but nationally. The cases they undertake, along with the
tremendous teams at firms such as David Gray, Tait Farrier Graham,
Southern Stewart Walker and many others, is some of the most
challenging and complex for some of the region’s most vulnerable
residents. For Elizabeth, this award is an acknowledgement not just of
her own success but that of all the legal teams, lawyers and counsel
Elizabeth has the privilege to call her colleagues.
Dere Street Chambers
*
davidopie@etsos.co.uk
10 Newcastle News

Law wrong. This Society risks eroding Relationship a key element of current Management client protection. North
!
The National Law Society has revamped the way it is trying to engage with local law
societies and with the profession in the north east. They publish a monthly newsletter
containing snippets of information that solicitor may find useful. Power of Some attorney of the for practice banking
The National Law Society has revamped the way it is trying to
engage with local law societies and with the profession in the north
notes highlighted this month are set out below:
east. They publish a monthly newsletter containing snippets of
information that solicitor may find useful. Some of the practice notes
highlighted this month are set out below:
Lasting powers of attorney
Law Society News
Consultations: “Looking to the Future – Flexibility and
Public Protection” and “Looking to the Future – Accounts
Rules Review”
The Law Society has published a member briefing on two consultations
emanating from the SRA entitled “Looking to the Future – Flexibility and
Public Protection” and “Looking to the Future – Accounts Rules Review”.
The national Law Society’s view
The Solicitors Regulation Authority's (SRA) proposals for changes to their
Handbook for solicitor and firm regulation, if accepted, will leave clients
and consumers with less protection and could result in a 'two-tier'
solicitor profession. The SRA proposals will enable solicitors to work for
unregulated entities providing unreserved legal activities to the public.
Such solicitors will be subject to a new Code of Conduct for Solicitors but
the organisations they work for will not be subject to the SRA's proposed
new Code of Conduct for Firms, which will continue to uphold a range of
current protections for clients and consumers. This has potentially serious
implications in a number of areas.
There are also a number of areas of ambiguity in the proposals which will
require further clarification from the SRA such as the precise application
of the new rules to sole practitioners.
The main areas of concern are:
The creation of a 'two tier' market. The proposals could result in two
tiers of solicitors - those working in a regulated entity and those who are
not.
Legal Professional Privilege. Advice from solicitors in unregulated
entities may not be legally privileged. If part of the solicitor profession is
unable to give legally privileged advice, this is a slippery slope which
could erode the concept of LPP.
Professional Indemnity Insurance / Compensation Fund Solicitors
working in unregulated entities may not be required to have professional
indemnity insurance. Their clients may also not have access to the
compensation fund or access to the Legal Ombudsman if things go
Law Society Relationship Management North
Lasting powers of attorney
The purpose of this practice note is to provide information about the
different powers of attorney that can be used when dealing with a bank.
Any
Any solicitor
solicitor
intending
intending
to give
to
advice
give
about
advice
a lasting
about
power
a
of
lasting
attorneypower of attorney (LPA) or act
as (LPA) an or attorney act as an attorney under under an LPA an must be be aware aware of the of provisions the provisions Data protection in the Mental Capacity
Act in the 2005 Mental (MCA Capacity 2005) Act 2005 and (MCA the 2005) Mental and the Capacity Mental Capacity Act Act 2005 Processing Code of personal Practice data (Code is fundamental of to the work of a solicitor. The
2005 Code of Practice (Code of Practice). Solicitors should also be familiar Data Protection Act 1998 (DPA) regulates the processing of information
Practice).
with the relevant
Solicitors
guidance
should
produced
also
by the
be
Office
familiar
of the Public
with
Guardian
the relevant
relating
guidance
to individuals.
produced
Solicitors
by
must comply with the DPA. Failure to do
the (OPG). Office of the Public Guardian (OPG).
so may constitute a criminal offence. The Information Commissioner can,
in certain circumstances, also impose financial penalties of up to
Law Society practice note provides an overview of LPAs and also £500,000.This practice note sets out how solicitors can comply with the
The
covers
Law
the ongoing
Society
arrangements
practice
for
note
enduring
provides
powers
an
of attorney
overview
(EPA).
of LPAs
Act.
and also covers the
ongoing It does not arrangements deal with situations for with enduring an international powers element, of for attorney (EPA). It does not deal with
situations example, using with an LPA an to international sell a foreign property, element, or a non-UK for example, individual using Trust an corporations
LPA to sell a foreign
who wishes to make an LPA.
property, or a non-UK individual who wishes to make an LPA. A trust corporation is a corporation which undertakes the administration
of trusts and estates. It may also act as a court of protection deputy and
Semi-automated online services
attorney.
In recent years, there has been a growth in the ability to deliver legal
services electronically and online with little or no
human intervention. This raises particular risks for
firms and their duties to clients, particularly in
respect of their professional conduct duties. There
is a practice note looks at these risks.
Semi-automated online services
In recent years, there has been a growth in the ability to deliver legal services
Supervision. Changes to supervision requirements would mean that
newly qualified solicitors would be able to set up their own unregulated
firms. Newly qualified solicitors generally welcome the support and
guidance from more experienced solicitors and this is also a key driver of
quality of service.
Conflicts / Confidentiality Unregulated organisations will not be subject
to the SRA rules of conflict and confidentiality although individual
solicitors in those organisations will.
Accounts rules The SRA proposes to change the definition of client
money and to simplify the accounts rules which might create uncertainty
as to whether a firm is compliant. Finally, the SRA is proposing to allow
solicitors to use third party managed accounts.
Enforcement If the proposals are accepted, the SRA handbook will be
shorter. Many solicitors prefer a clear set of "dos" and "don'ts", as
compliance with such is arguably clearer. It is not clear from the
consultation how the system of enforcement will work under the new
codes.
Summary
The national Law Society is concerned that this will diminish client
protection and lead to a lack of clarity. Although the proposed changes
seek to simplify the SRA Handbook, there are a significant number of
ambiguities. It is also clear that client protection will be eroded, especially
when clients instruct solicitors in unregulated entities. Clients will have
different protections depending on where the solicitor works. They are
concerned that this is not in the interests of the profession, its clients or
the public which relies on a strong and vibrant legal profession to uphold
the rule of law.
The national Law Society is seeking your views - E-mail
regulation@lawsociety.org.uk
(Extracted from the Member Briefing which can be found on the Law
Society website www.lawsociety.co.uk)
Reply date 21st September 2016
Attorneys are increasingly having difficulties with banking institutions
accepting power of attorney documents as evidence of an attorney's
authority to act on behalf of a donor.
Some new entrants into the legal market are now combining them with a
consumer brand to provide legal services. Recently, more established law
firms have created their own trust corporations in response to consumer
demand.
This note summarises what a trust corporation is, the requirements for its
creation and a number of other matters.
Fore more informstion see the Law Society website
www.lawsociety.org.uk
Newcastle News 11

Court News
Crown Court User Group
Wednesday 6th April 2016
Newcastle Combined Court Centre
Court One
Minutes
Apologies:
John Dilworth Crown Prosecution Service
Allison Cook HMCTS
Alasdair Watson Law Society
David Bean HMCTS
Richard Burton HMCTS
Janet Land Legal Aid Agency
Steve Watson G4S
Vicky Readman Crown Prosecution Service
Dave Heslop Northumbria Police
Paula Dunlop Northumbria Police
Attendance:
HHJ Sloan QC Recorder of Newcastle
Helen Gransbury HMCTS
Linda Brenkley HMCTS
Lynn Nugent HMCTS
Keith Simpson Crown Prosecution Service
David Coomb Trinity Chambers
Barbara Bennett National Probation Service
Peter Finkall Coombs Trinity Chambers
Harry Henson PECS
Alec Turnbull G4S
Chris Goundry Geoamey
If basics are not being addressed; the court, other practitioners are being
inconvenienced, the perpetrators will be inconvenienced.
Certain practitioners are shining examples but too many are not
complying.
Keith Simpson, CPS, made a request to convene a Better Case
Management Local Implementation Team meeting as soon as possible to
discuss and address ongoing issues.
ACTION: Helen Gransbury to arrange.
HHJ Sloan QC said that Judges will begin to record all issues and work
further next week. There are still hybrid issues in the system, still PCMH
cases, therefore loathed to act until such issues have filtered through.
David Coomb stated that his experience that morale was encouraging,
much higher than expected.
HHJ Sloan QC recognised that when DCS works well there are real
advantages which should be embraced.
Witnesses and Victims (Helen Gransbury):
There is currently a multi agency Witness Working Group, including
HMCTS, CPS, Witness Care, Citizens Advice Bureau and Northumbria
Police working to create a local Witness Protocol which currently is in
draft format but would be shared when content agreed.
Current performance shows that waiting times at Newcastle have
improved (see below) but much work is still required.
Average waiting hours:
November 2015 2:06
June 2015 2:14
Meeting Arrangements:
Apologies given for the recent meeting arrangements being changed at
short notice, unfortunately, this was due to key staff and judiciary not
being available and other commitments were changed at short notice.
Next meeting to be agreed at conclusion of this meeting.
Matters Arising:
Previous meeting notes record Julie Clemitson raising an issue in relation
to counsel collecting pre-sentence reports. This issue would seem to be
improved since the introduction of DCS, as reports are uploaded direct to
case file.
DCS/BCM:
HHJ Sloan QC stated that he was acutely aware of the huge struggle that
all agencies were experiencing and that the introduction of new systems,
Wi Fi not being up to speed, issues in relation to PTPH form, further
hindered smooth processes. However, we must adopt a collaborative
approach, we need to help each other and so far is extremely grateful to
all who have taken part.
It is apparent to Judges that there are lawyers, both prosecution and
defence, solicitors and advocates still not carrying out basics, such as;
• Advocates not invited into cases
• Advocates present in the courtroom without laptop
• Clear lack of engagement
• PTPH form not completed at all
• Indictment not uploaded
• Requests to sentence without advance notice
• Requests to adjourn
Now three months, it has come to the stage where basic flaws will be
unacceptable, it is not Business As Usual. A dramatic change in approach
is required. Court users will find that Judges are less sympathetic where
these flaws occur and they should not be happening.
There are genuine issues and HHJ Sloan QC is aware and does appreciate
There will be further discussion and standard directions agreed hoping
this will drive this message home.
Performance (Kay Graham):
There will be focus around early guilty pleas and cracked trials and this is
certainly for HHJ Sloan QC
Listing (Lynn Nugent):
Class 2 trials are currently being fixed November/December 2016, that
being the same timeframe as Leeds and Sheffield.
Trials with a time estimate of 10 days plus, listed January 2017, the same
as Sheffield, however, Leeds listing March 2017.
Class 3 bail trials are currently listed October 2016.
Currently no issue forcing in custody cases where Custody Time Limit is
an issue.
There are some lost trial slots as currently running PTPH and PCMH Court
but that should improve in very near future.
It was recognised that some time limits are unrealistic which made
matters difficult, particularly in sex offence cases, two days can run for
three days plus, list needs to be reduced and floater trials cannot be
listed.
David Coombs raised that he had found he is never told he has
underestimate but told there has been an over estimate, we can state
that estimates must be realistic but must collaborate with judiciary.
HHJ Sloan stated that Judges were conscious but that the point was
taken.
Linda Brenkley made reference to the allocation at Magistrates’ Courts
and that they are conscious that they must hang on to as much work as
possible and work was ongoing with magistrates and District Judges
where there was split trial issues.
Any Other Business:
PECs (Harry Henson) :
Date and time of next meeting:
Thursday, 13th October 2016 at 16:15 hours
Newcastle Combined Court Centre, Judicial Dining Room
12 Newcastle News

North East lawyers asked to help
competition law awareness
North East lawyers are being asked to help promote awareness of new
competition law compliance materials to their business clients.
Around 100 law firms headquartered in the North East of England will be
contacted by the Competition and Markets Authority (CMA), and
encouraged to share the CMA’s easy-to-use competition law information
with their small and medium-sized enterprise (SME) clients.
The information is intended to help SMEs recognise anti-competitive
practices, comply with competition law and report suspicions of illegal
anti-competitive activity.
Business News
• Only 8% have run training on competition law
The consequences of breaching competition law can be severe:
• businesses can be fined up to 10% of their annual turnover
• company directors can be disqualified from managing a
company for up to 15 years
• people involved in cartels can face up to 5 years in prison
The approach is part of the CMA’s ongoing drive to boost awareness of,
and compliance with, competition law, following the launch of its
competing fairly in business: advice for small businesses materials.
The North East is the fourth region of the country to be chosen as the
target of an awareness-raising drive as research shows that businesses’
understanding of competition law in the area is low:
• Less than half of businesses in the North East (45%) knew
that price fixing could lead to imprisonment
• Only 37% knew that dominant firms are under a special
responsibility not to allow their conduct to impair
competition – compared to 48% nationally
• Less than a quarter (23%) knew that setting the price at
which others can resell your product is illegal
• Only 15% knew that reporting cartel activity could lead to a
reward
The CMA has also commissioned further research which revealed that
most small businesses have a shared ethical sense that certain anticompetitive
practices, such as price-fixing, are unfair or wrong and want
to do the right thing.
Ann Pope, CMA Senior Director of Antitrust Enforcement, said:
“The victims of anti-competitive activity can often be other businesses, so
knowing what illegal behaviour looks like and how to report it can help
small and medium-sized businesses protect themselves.
“The potential consequences of breaking the law are very serious. That is
why it is important that all businesses know what to look out for and
report suspected breaches to the CMA.
“Legal advisers to SMEs are ideally placed to help raise awareness of
competition law among their clients.”
Competition and Markets Authority
• And only 12% knew that admitting to participating in a
cartel could lead to immunity from a penalty
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Salary survey
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Salaries are one of the major talking points when looking to secure a new
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Perhaps the most interesting insight from the survey was that over half of
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over the past year. According to findings from over 2000 firms that we
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professionals over the past 12 months. Shortages were reported as being
particularly prevalent in the fields of conveyancing and clinical
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qualified solicitors.
The reasons behind the drop in available talent have also been explained.
Property specialists left the legal profession in droves in the slump in
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In addition, the survey also found some other interesting results, not least
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shortages as firms may feel more reluctant to part with professionals
knowing that the market isn’t exactly brimming with available specialists.
AlphaBiolabs says prenatal DNA
paternal tests need to stay in UK
The Warrington laboratory used to carry out DNA testing for the
Jeremy Kyle show, says it is looking to develop an in-house service for
the testing and analysis of non-invasive prenatal DNA paternal tests.
This development would make AlphaBiolabs, which will be presented
with the Queen’s Award for Innovation next month, the first laboratory
outside of the US to offer this specific service.
Non-invasive prenatal paternity tests are said to work by analysing the
baby’s DNA which is present within the mother’s blood from eight weeks
onwards, therefore identifying the child’s father before it has even been
born.
This type of test has become increasingly popular in the US and the UK
but as yet, no UK laboratories are able to offer this type of complex
analysis.
“We understand the level of anxiety people can feel when sending their
sample abroad, particularly when there is no assurance of actually
receiving an accurate result in return”, says AlphaBiolabs spokesperson,
David Thomas. “Unfortunately, we do occasionally come across specific
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“Because we are an accredited laboratory unlike some of the US labs
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would insist upon our own standard DNA testing accuracy level of 100
percent”.
AlphaBiolabs is the largest independent DNA testing laboratory of its kind
in Europe. It was the first lab to offer next day, 24 loci DNA paternity tests
as standard.
Elsewhere, the survey also touched on information related to pay rates
and highlighted the specialisms, including personal injury, clinical
negligence and residential & commercial property which have suffered
from particularly severe shortages, which have driven salaries ever higher.
It also looked at different qualifications and found that the majority of
remuneration and reward packages weren’t related to the level of training
a professional had undertaken, but rather the type or seniority level of
the work being carried out. It also touched on the aforementioned rise of
the paralegal role, as well as the ways professionals were approached by
recruiting firms, benefits package and much more.
To see a full copy of our survey please get in touch with Kelly Kirkby –
Marketing Manager on 01772 259121, email marketing@claytonlegal.co.uk
or check out our website - https://www.clayton-legal.co.uk/
Local News
Classified Advertising
Mediation
mediation works
14 Newcastle News
Litigation Support
To advertise in
the Newcastle
News please call
Julia Baskerville
on 01253 829431
New Committee
Members
Do you have some ideas as to how the profession
might promote itself better in the north –east? Do
you have a view on our relationship with the SRA or
Legal Ombudsman, for example? Is there an area
where you feel we could offer better education and
training?
We would like to hear from you.

‘A credible and trusted voice’
Police Station Representative
Newcastle
An established Law Firm is looking to recruit a Police
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Candidates must be Police Station Accredited, have
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Contact Natasha Tolan-Smith
Head of Finance and Administration Newcastle
An established Law Firm is looking to recruit a Head of
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be qualified to AAT or ILFM and be able to demonstrate
three years industry experience in legal firm.
Contact Natasha Tolan-Smith
Clinical Negligence Executive
Newcastle
A well known national firm are looking for a Clinical
Negligence Executive to cover a maternity contract. Ideal
candidates should have a clinical negligence background
and run a caseload from start to finish.
Contact Natasha Tolan-Smith
Personal Injury Paralegal
Newcastle
A small established law firm near Newcastle centre is
looking for an experienced Personal Injury Paralegal. The
successful candidate will be responsible for managing their
own pre-litigated RTA caseload.
Contact Natasha Tolan-Smith
Corporate Solicitor
Newcastle
A leading law firm has a vacancy for a Corporate Solicitor,
2-4 years PQE. Candidates must have ambition to proceed
with business development and develop their own career.
Contact Natasha Tolan-Smith
Residential Conveyancer
Newcastle
A well known and highly regarded practice are looking to
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Higher Rights Advocate
Newcastle
A strong regional practice based in Newcastle are looking to
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Contact Natasha Tolan-Smith
Commercial Litigation Solicitor
Gateshead
Our client, a Gateshead based firm is looking for a
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Commercial Property Solicitor
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A leading law firm in the North East are looking to add an
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Residential Conveyancer
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A Northumberland based firm are looking to recruit a
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Contact 01772 259121 Natasha Tolan-Smith @clayton_legal
Recruiting talent, building the future
enquiries@clayton-legal.co.uk
www.clayton-legal.co.uk
/Clayton Legal
/Clayton Legal
Recruiting talent, building the future
01772 259121
enquiries@clayton-legal.co.uk
www.clayton-legal.co.uk
@clayton_legal
/Clayton Legal
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