Liverpool Law Sep 2016

Liverpool Law
The Magazine for lawyers in Merseyside and the North West
September 2016
IN THIS ISSUE
SRA Consultation on
Regulation
PAGE 5
Lawyer in Lights
Jim Davies
PAGE 7
Annual Dragon Boat
Festival
PAGE 22

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-

Welcome
From the Editor
3
to the September 2016 edition of Liverpool Law
As the excitement of Rio 2016 begins to fade and summer holidays become pleasant memories we
have some serious professional issues to consider as we head into autumn.
This month's edition includes a report by Nina Ferris of Janice More's visit to the Society to
discuss the Law Society's issues with the SRA's proposals for regulation. Paul Philip of the SRA
also visited the Society and Nina also covers the SRA's stance on regulation. It is a theme taken
up by our Council member in his report and Charlie says "everyone must consult" so please let
both the Law Society and the SRA know your views through the website links given in Nina's
article.
On a brighter note, I had the pleasure this month of meeting up with Jim Davies co-founder of
DWF and Jim is our Lawyer in Lights for this edition. We have also included a lot of information
on "movers and shakers" this month, reading those articles as they come in, is always a pleasure
and one of the highlights of this job. So I am grateful to all firms who send them in and if you
have not thought of sending an article to us before now please do so, as we are always pleased to
hear from you.
SYLVIA SHEPHERD
EDITOR
Editor@liverpoollawsociety.org.uk
Sylvia Shepherd
Editor
editor@liverpoollawsociety.org.uk
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4 From the President
Sponsored by
President’s Mentions
So here we are in September,
which in the world of the
Liverpool Law Society
Presidency, feels like the start of
the final term. Hopefully
though, a term without any
exams at the end!
August was a month to catch up,
reflect and recharge, supposedly a
quiet month whilst a lot of people
were away. However, it wasn’t as
quiet as anticipated, given that we
did have visits from The Law
Society and from the SRA, both
on 11th August. You can read a
report on those on page 5, but I do
need to reinforce again the
importance of looking at and
responding to the two SRA
consultations; both “Looking to
the Future” and on the changes to
the Accounts Rules, as they do
contain significant issues which
we all need to address and it is
important that all our voices are
heard. Otherwise we are in
danger of ending up with more
changes to the profession which
no-one is happy with, and it will
be too late to complain. The Law
Society have published their views
on their website for reference, and
they tell us that from experience
the SRA do listen to Solicitors
who respond to their
consultations, and that the more
who respond, the more they are
likely to listen, so please do read
the papers and make your views
known, whatever they are, either
personally, or through your firm.
The Law Society originally didn’t
think they could make time to
come to Liverpool, but I pushed
for them to do so, and am very
pleased that we ended up getting
the best turnout they have had
anywhere around the country! So
a big thank you to all those who
attended and supported this event,
I know a lot of people have told
me that they found it very
informative and thoughtprovoking.
September promises to be another
busy month. I hope to see as
many of you as possible at the
Family Walk with our colleagues
from Cheshire and North Wales
on 11th September. I will also be
attending the Local Law Societies
Conference which is being held in
Birmingham this year, and have
been asked to speak at that, and
also at the Yorkshire Legal
Conference, where I have been
asked to give my views on the
progress of the Northern
Powerhouse. If anyone has any
strong views on that, and how it
is affecting the local profession,
please do let me know, as it
would be good to have some
other perspectives rather than just
those of our officers. You can
email me on
president@liverpoollawsociety.org.uk
with your thoughts – so please
do!
Also in September the Labour
Party Conference is coming to
Liverpool and we are looking for
opportunities to influence local
and national politicians – so
please look out for email updates
about that.
We also have our second annual
Managing Partners dinner this
month, and I was delighted to
learn that this was oversubscribed
this year and we have had to add
additional places. It is a great
opportunity for us to hear from
you what you want, need, and
value as the service you receive
from Liverpool Law Society, in
order that we can concentrate on
ALISON LOBB
PRESIDENT
the areas of most benefit to our
members.
I am also delighted that we are
now marketing the Annual Dinner
which will take place on Thursday
10th November 2016 at the
Adelphi. I look forward to
seeing as many of you there as
possible this year for our annual
celebration of what is great about
our profession, and our city.
Alison Lobb
President
CHARITY SPOTLIGHT
The Feeding Birkenhead campaign
The Feeding Birkenhead campaign, which I set up at the end
of 2014 and now co-ordinate, is leading the fightback against
hunger in our town.
The campaign has provided free meals and fun activities for over
2,000 children in Birkenhead during the school holidays – a time
of year that often brings added pressures, as well as long periods
of time without a proper meal, among hard-up families.
Wirral Council has also implemented Feeding Birkenhead’s
proposal for all eligible children to be identified and
automatically registered for free school meals. This move has
ensured that 700 more children from families on low incomes are
protected from hunger. Crucially, it has also delivered an
additional £725,000 in Pupil Premium funding for towards their
schooling. Several local authorities across Merseyside – including
Knowsley and Liverpool – are also implementing this policy to
great effect for poor children and their schools.
A third move taken by the Feeding Birkenhead campaign, has
been to prevent the need for some people to make successive
visits to the food bank. Local welfare rights groups are helping
two out of every three people they see during a first food bank
visit, to resolve their problem there and then. This might be as
simple as calling up the Department for Work and Pensions to
resolve an error on somebody’s benefit claim, or helping a
vulnerable person fill in a complicated form.
Moreover, the Feeding Birkenhead campaign has secured vital
help for people who have no money to put in their gas meter.
Merseyside has the highest number of people trapped on
prepayment meters – the most expensive way to pay for energy –
and they tend to be concentrated among those who can least
afford to pay. Some of our food banks reported last Christmas
that people were turning up pleading for candles, just so they
could have some heat and light in their home. So Wirral Food
Bank is running an initiative whereby people in this situation
can receive an emergency credit voucher from npower, which
gives them two weeks’ gas and electricity while they sort out
their finances.
Looking ahead, a key objective for Feeding Birkenhead is to
establish a new social supermarket in our town – it would be
the first of its kind in the North West of England.
Social supermarkets rescue perfectly good food that, for one
reason or another, has become surplus in supermarkets’ supply
chains, before it is burnt or thrown to waste. They then sell this
food at a third of its usual price to people on low incomes. In
order to shop at a social supermarket, people must also enrol on
sessions provided at the in-house café either to look for work,
sort out a problem with a benefit claim, get on top of debts,
address any budgeting issues, or learn how to cook. The
fellowship that emerges at a social supermarket is almost equal
in value to the great financial help afforded to families in
difficult circumstances.
Feeding Birkenhead has raised half the
monies we need to establish our own
social supermarket. Raising the other half
is our most immediate priority to help rid
our town of hunger.
Frank Field MP

Society News
5
Law Society
Excellence Awards
The team at Jackson and Canter
and Zoe Gascoyne of Quinn
Melville are celebrating after
being shortlisted in the Law
Society Excellence Awards.
Jackson and Canter have been
shorlisted in three categories:
Excellence in Client Service, and
Excellence in Pro Bono and Chris
Topping has been shortlisted as
Human Rights Lawyer of the Year.
Andrew Holroyd, Executive
Chairman of Jackson & Canter told
Liverpool Law: “We are delighted
to be shortlisted in three categories
in the Law Society Excellence
Awards. Our Excellence in Client
Service is recognised by our only
being the second law firm to
achieve Customer Service
Excellence accreditation and our
Foundation has made a difference
through its work. Chris Topping
who never seeks the limelight
certainly deserves recognition for
his dedicated service of Police and
Human rights law.”
Chris Topping, who is also Chair
of the Liverpool Law Society’s
Access to Justice Sub-Committee
said “I am delighted, and not a
little surprised, to be shortlisted for
Human Rights Lawyer of the Year
in the Excellence Awards. My
main motivation for becoming a
solicitor, a long time ago, was to
ensure that individuals who come
into contact with the State are
treated fairly. The introduction of
the Human Rights Act 1998 was a
game changing event as it enabled
me as a lawyer to “bring the rights
home” for many people who have
sought my help. Barely a working
day goes by without human rights
being relied on as a tool to get
proper remedies for clients.To be
recognised by the profession, in
this year’s shortlist, for doing a job
that makes a difference in the lives
of my clients is a great honour –
and of course to actually win the
award would be fantastic!”
Zoe Gascoyne of Quinn Melville
has also been shortlisted as The
Law Society Gazette Legal
Personality of the Year. Zoe is a
specialist criminal and regulatory
advocate and is Chair of the
national Criminal Law Solicitors
Association.
Zoe says “I was surprised but
honoured to receive news of the
nomination. I have only ever
Andrew Holroyd
Chris Topping
Zoe Gascoyne
worked towards trying to ensure
that we have a fair justice system
and that people can be properly
represented and have never
expected recognition to this. I am
motivated by the fact that I love
my job and being in a position to
help those in need when quite often
they are at their lowest point.
I am very fortunate to work for
Quinn Melville who have been
entirely supportive of me and I am
extremely lucky to work alongside
such good colleagues.
Whatever the result the nomination
is a true privilege.”
Looking to the Future
The SRA’s consultation on reform
of regulation of the solicitors
profession
On 11 August the Society were
visited by both the Law Society
and the SRA in relation to this
on-going consultation. Both
entities are acutely aware of the
importance of the consultation
to the profession and are
seeking to get as many views as
possible and encourage
members to respond either
collectively or individually to
make their voice heard.
First Janice More, the General
Counsel at TLS set out what they
saw as the potential problems with
the new proposals for regulation.
Their main areas of concern are:
- that the proposals could result in
a two tier profession depending on
whether the solicitor works in a
regulate entity or not;
-that advice from solicitors in
unregulated entities may not
attract privilege;
- that unregulated entities will not
be required to carry PII;
- that the removal of supervision
requirements creates risk for
clients as well as newly qualified
solicitors;
- and that unregulated
organisations will not be subject
to the rules on conflicts and
confidentiality.
These concerns were debated by
members from a variety of
different firms and ABS’s and
there was general agreement that
some of the proposals may erode
client protection, although some
members disagreed and saw the
opportunity that deregulation
might create for practitioners.
In the afternoon, Paul Philip came
to give us the SRA’s view. His
stance was that less regulation
must be attractive and he was here
to consider whether the current
proposals gave rise to any
unintended consequences.
Concerns were raised, such as
what was the “unmet need” that
the SRA considered were causing
a bar to access to advice. He
confirmed that their research
Nina Ferris
Joint Honorary Secretary
included self-help as a source of
advice.
He was unclear about whether
deregulation was to open up
access for consumers or to allow
solicitors to compete on price with
other unregulated entities which
can give unreserved “legal
advice”. He saw benefits for both
the consumer and solicitors. He
accepted that some concerns such
as the erosion of privilege may be
legitimate.
Mr Philip also reminded those
present about the consultation on
the simplification of the Solicitors
Accounts Rules which runs
concurrently with the consultation
on regulation. The proposals
contained therein appear to be less
controversial, although there were
still some concerns raised about
the redefinition of client money.
The consultations remain open
until 21 September 2016 and are
of great significance to the future
of the profession.
http://www.sra.org.uk/sra/consu
ltations.page
We encourage you to respond to
the consultations either directly or
via The Law Society –
regulation@lawsociety.org.uk
Nina Ferris
Hill Dickinson

6 News from the Sub-Committees
News from the Sub-Committees
Criminal Practice Sub-Committee
The Criminal Practice
Committee met on the 4th
August when the following
matters where discussed
including my note from previous
meetings as set out below.
There was a discussion on the
present problems being
encountered by some firms in
obtaining Legal Aid to represent
clients in breach of Gang
Injunctions which is associated
work. It would be helpful if any
other solicitors who have
encountered problems or
otherwise could get in touch and
indicate what problems if any they
are encountering with this type of
work.
It had been reported by one of our
members that there were problems
with engaging with bail
information at Walton Prison. This
was taken up and there has been
communication with Trevor Evans
who is the head of
Operations/Corruption &
Prevention Deputy Manager at
HMP Liverpool and myself. He
has created a direct e mail address
for the defence community to use
when seeking information or
assistance on bail issues. He has
indicated that whilst there may be
occasions when designated bail
officers are not on duty, several
officers have access to this e mail
account and will check it on a
regular basis. If any defence
advocate utilises this facility and
encounters problems could they
please let me know.
This last meeting was poorly
attended and only one solicitor
from Liverpool was present. If
any defence solicitor would like to
be considered to join the
committee could they please
contact me in order that it can be
discussed.
Note from the Chair
Since our last meeting I have
attended a number of meetings
and have had raised a number of
issues and therefore I have
included some points of
importance below.
1. I have attended a BCM DCS
meeting chaired by the Recorder
of Liverpool HH Judge Goldstone
QC where the following matters
were discussed and raised:-
(a) Where there is to be guilty
pleas at PTPH hearings the Judges
are being encouraged to order
stand down reports where possible
so that the case can be dealt with
in one hearing.
(b) At the Magistrates Hearing
advocates should be aware of
what is expected of them with
regard to requesting reports. In
indictable only cases where there
is going to be a guilty plea a
report should be requested where
the potential sentence starting
point is likely to be no more than
2 ½ years. If it’s likely to be a
longer starting point, then it is
likely to be a case where a
sentence could not be suspended
and as such a report is
unnecessary.
However, should the case be one
where there is likely to be an issue
of dangerousness then a report on
this issue should be requested.
The Court Clerks have been
trained now with regard to this. In
relation to either way offences if
they plead guilty in the
Magistrates Court then on a
committal for sentence the
advocate will probably know to
ask for a report. The Court would
also probably be pro-active in
ordering the report. Where a
guilty plea is not entered but an
indication of a guilty plea is
indicated in the Magistrates Court
and the Case is sent up the
Advocate should consider then
asking for a report to be prepared.
The Court are again aware that
this is a real possibility and will
order reports should the case itself
warrant it.
(c) In Cases which are sent
without any plea being indicated
and instructions are then received
for some guilty plea defence
practitioners should immediately
advise all parties and the Court.
Notes should be put on the system
and in accordance with the
protocol practitioners should do
an e mail to the case progression
officer suggesting that the matter
be considered by a judge for a
direction to be made for a stand
down report on the date of the
PTPH. This should then go up to a
judge who will decide whether
such a direction is appropriate.
The defence can then liaise with
probation to have it prepared prior
to the case being called on. Please
note that when such an e mail is
sent the Judge dealing with the
matter will expect the defence
practitioner to outline why a
report is necessary.
(d) In relation to not guilty pleas
please note that the following
procedures will be applied in
future by the Judges. 1. In cases
with ABE interviews the default
position will be that the defence
will have to propose edits by the
date for service of the defence
statement under Stage 2. The
prosecution response will either
be at Stage 3 or 4 with
confirmation of agreement by the
date of certificate of readiness. 2.
Defence witness requirements to
be ordered for service no later
than the date set down or
prescribed for the service of the
defence statement (where possible
give it on the PTPH form) Should
there be any application for an
extension for service of a defence
statement it should not be
expected that this will include an
extension of the time for giving
notice of witness requirements.
2.At the meeting for the Section
28 group the following should be
noted
(a) There is going to be a national
roll out of this due principally to
the success of the pilot in
Liverpool!!!!
John Weate
Chair of the Criminal
Practice Committee
(b) It looks like part of the
national rollout will include
compulsory training for all
advocates who will not be able to
conduct cross examination
without being certificated for it.
This will include the Bar, Solicitor
Advocates and will include the
CPS. I am told that the Law
Society has a representative on the
board who are dealing with this.
(c) Cross examination questions
prepared by the advocates should
be uploaded by the defence
solicitors into the defence’s
statement section on the DCS.
(d) As you know cases from
Warrington and Widnes will be
coming into the Liverpool Crown
Court system from September.
Section 28 will apply to those
cases. I also believe it is likely
that the system will be adopted
throughout Cheshire. For cases
not dealt with in Liverpool this
may mean that Ground rules
hearings may be dealt with in
Chester Crown Court with the
actual cross examination taking
place in Liverpool Crown Court
with the trial going back to
Chester. It may even mean that the
Judge dealing with the Cross
examination hearing may not be
the trial Judge!!!
John Weate
Chair
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Interview
7
Lawyer in Lights
Jim Davies DL OBE founding co-partner of DWF
and High Sheriff of Merseyside
This month I have managed to
track down one of Liverpool's
leading lawyers. I met up with
Jim Davies at DWF's elegant
offices in St Paul's Square.
My intention was to talk to Jim
about his charitable work, but I
couldn't resist taking the
opportunity to ask him to tell me
the DWF story.
Together with Guy Wallis, Jim is
the co-founder of DWF. It all
began after Jim qualified as a
lawyer, having completed five
year articles with Layton & Co in
Liverpool. During articles, he met
and made friends with Guy, who
was another trainee at the firm.
Whilst Jim was a solicitor for
Layton & Co in the early ‘70s he
received a phone call from Peter
Bullivant, Peter had set up his
own practice and, after a short
meeting, Jim joined Peter as his
first solicitor. A year later Guy
Wallis joined the firm and they
both became partners and worked
hard at developing their profile in
the corporate world. Paul Rooney
was a Commercial Partner in the
firm who eventually left to start
his own practice and Jim and Guy
also left to launch Davies Wallis
& Co at 48 Castle Street in 1977.
As with most success stories there
needs to be an element of luck
and this occurred when Jim and
Guy met an old friend, Ian
Titchmarsh, which led to a merger
with Dodds Ashcroft. That merger
brought in some excellent partners
and new corporate clients which
allowed further expansion and
development of the firm,
particularly in the area of
insurance law, which has been
taken on so well by Paul Berry
and his Team, making it one of
the largest insurance practices in
the UK.
A further merger with Foysters in
Manchester followed as did a new
office in Leeds. At this time, Jim
was disappointed when a bright
young lawyer at the firm, Andrew
Leaitherland, left to seek
opportunities elsewhere. DWF
continued to grow and develop
and Andrew was later persuaded
to return and became Managing
Partner at only 35.
The rise of DWF from a two
partner practice to what it is today
is an astonishing success story.
DWF numbers are now close to
2,500 with 11 UK offices and 5
overseas offices.
Guy and Jim retired a few years
ago. Jim remains a consultant at
DWF and, not surprisingly, is
mainly responsible for client
development.
Jim is also the chair of trustees of
the DWF Foundation. The
Foundation is a charity which
raises money through fundraising
initiatives in each office and
provides funding to support local
communities. Jim told me the
Foundation developed out of the
firm’s various initiatives to raise
money for local charities and now
each of the offices think up
countless ways of raising money
for the Foundation.
Jim has a background of raising
money for charitable causes,
particularly Alder Hey Hospital.
His connection with the hospital
began almost 40 years ago when
Hannah, one of his two daughters,
contracted first meningitis, then
leukaemia and finally, a sarcoma
in her back. Jim was so full of
gratitude for them saving her life,
not just once but four times, that
he began fundraising for them,
first as a Board Member, then as
Trustee and subsequently Chair of
the Trustees of the Imagine
Appeal. Hannah remains well and
is married with two young boys of
her own.
In his role as High Sheriff, Jim
and his wife Shirley were able to
welcome HM the Queen, when
she visited Liverpool in June to
open the new development at
Alder Hey. The role of High
Sheriff is an honorary role for a
period of one year and Jim took
over last April. The office goes
back over 1,000 years to Saxon
times. Since Victorian times,
duties have focussed on judicial
matters. High Sheriffs attend on
the Royal family visits to
Merseyside in support of the Lord
Lieutenant. They also entertain
High Court judges during their
stay and support the Blue Light
services - including the fire
brigade and ambulance services as
well as the probation, prison and
the voluntary sector. Jim has a
diary full of engagements for 12
months and is thoroughly
enjoying meeting a huge range of
people, particularly the cadets and
many dedicated volunteers. He
feels humbled by the commitment
and tremendous efforts of so
many in the Voluntary Sector
throughout Merseyside.
Jim feels very strongly that
lawyers are in a privileged
position in society and should
look for opportunities to help
others. He is heavily involved in
the arts and is a former Council
Member and now a Patron of the
Tate Liverpool, which he refers to
as "a world class gallery on our
doorstep”, making Liverpool
second only to London in its Arts
offering.
I asked who had been an
inspiration in his life, he
mentioned Peter Bullivant who is
still a good friend of his. Jim is
proud of the fact that the City
remains one of the most important
and successful Legal
Communities within the UK, as
such he has known numerous
excellent solicitors in the City.
I asked Jim if he had any current
concerns over our profession, he
mentioned two things. First the
internet which, whilst brilliant,
creates an expectation of an
immediate response whereas
lawyers need time to consider the
difficult points and should be
allowed their thinking time.
Secondly, and regretfully, he
believes that the profession is not
as collegiate as it once was.
He also told me that when he was
Senior Partner he always tried to
do the final interview with
potential new recruits as he
interviewed a candidate for
personality, a "good handshake"
and the potential to make partner
rather than as a trainee or assistant
solicitor. One of his concerns is
that large firms tend to require
interviewees to have a first or 2:1
degree and he feels they may be
missing out on people with
personality and rounded skills,
who may be able to make equally
as great a contribution to a firm.
Finally, Jim mentioned the Judges
Service, which is taking place at
10.30am on Sunday 16th October
at Liverpool Cathedral and which
marks the beginning of the legal
year in the City. Jim says “It is a
truly spectacular occasion
celebrating the enormous
contribution lawyers make to the
life of this great City”. Jim would
like to extend a warm invitation to
all lawyers and their families to
join him for this wonderful
ceremony.
We did talk for over an hour and I
was left with a lot of notes that I
don't think I have done justice to.
I also left with the impression of a
man with the gift of enthusiasm
for life and for people.
Sylvia Shepherd
DLA Piper

8 Local News
Continuing our Brexit discussion, Louise Ellman MP gives her
view on the implications for the economy in the North West...
Major issues are hanging in the balance now that the UK has voted to leave the EU. Although
Liverpool’s vote was in favour of remaining there are implications for the regional economy.
Although Article 50 has not yet been triggered the impact is being felt. Already there are warnings about
recession with the Bank of England deciding to reduce interest rates from 0.5% to 0.25%. This is vitally
important to the North West and specifically to Merseyside.
There are particular concerns about scientific research and the University Sector with half of the University of
Liverpool’s research output coming from collaboration with other countries. Between 2007 and 2013 the
University was awarded £49million in EU grant funding and 13% of the University’s total research income
comes from Europe.
Much of the research taking place at the university is international and allows UK and European researchers
to work together, pooling their knowledge, infrastructure and resources. This helps the University of
Liverpool play a leading role on addressing global challenges such as obesity, cancer and bio medical
research.
Government assurances that they will replace European funding are partial and unclear. This includes the
millions of pounds supporting skills training and small businesses.
These are just some of the issues the UK negotiations will have to address. Their resolution will not be easy.
Louise Ellman MP
For regularly updated advice and information on Brexit, please visit
http://www.lawsociety.org.uk/support-services/brexit-and-the-legal-sector/
North West Family Walk
at Parkgate, Wirral
2pm on Sunday, 11th September 2016
Members from Liverpool Law Society and Cheshire
& North Wales Law Society are asked to join us for
a stroll along the old seafront at Parkgate, Wirral to
enjoy the autumn colours and perhaps even some
sunshine.
You are encouraged to bring family members, friends,
work colleagues and dogs along with you. The walk
will be about 5 miles long and will take approximately
2—3 hours. It is mostly flat along footpaths but a
short section may be muddy through the marshes!
Following the walk you may wish to join us at the
Boathouse Inn Pub for a meal.
Please register for the Walk by emailing
socialevents@liverpoollawsociety.org.uk and
indicating if you would like to join us for a meal
afterwards.
We look forward to seeing you there!
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10 Interview
Interview with Robert Bourns
The President of the Law Society talks
to Liverpool Law...
1. Why did you want to be become President of The Law Society ?
I hoped and hope to make a difference to the running of the Society
and the relationship between the executive team and Council,
Committee and Membership more widely. The Society is criticised by
many. As a proud profession, we require effective representation.
2. How are you going to persuade a quite reactive profession to be
more proactive and involved?
Keep it simple. The Profession has been segmented by reference to
practice type, size, clients, sectors. Emphasis on difference has created
demarcation lines between practitioners. As an office holder, speaking
with solicitors across England and Wales, I am impressed by the
values and principles that unite us all. Focus on shared values should
encourage all to participate, rather than assuming that changes are
only affecting a certain part of the profession at any given time.
I am also concerned that the Society has been seen to represent firms
and/ or a traditional form of practice. In fact we are a Society of
160,000 individual solicitors practicing in a variety of firms and,
increasingly in house. The Society has a role in providing "line of
sight" to all members, supporting them as they develop their careers in
a changing environment.
I believe members will engage with the Society, many already do,
providing it promotes a positive view of solicitors as highly qualified
and principled practitioners, and provides relevant support for
individual careers.
3. Going forward, how do you see Local Law Societies playing a
bigger part in the profession’s destiny?
As a past President of Bristol Law Society, when I very much enjoyed
working with colleagues from Liverpool (as well as Birmingham and
Manchester) I recognise the work local law societies in knitting
together legal communities. Again it is important to reflect those
engaged with the profession in any area and so it is important to
involve representatives from the in house community, JLD,
universities and advice centres. There are issues that are easily
coordinated and delivered locally, for example, pro bono, elements of
legal education, including public legal education. Local law societies
also provide an excellent "foil" for responses to consultations or to the
development of policy. As you know, they are independent from The
Law Society. This provides an opportunity to "tell it how it is",
informing and empowering their excellent Council Member.
Call for members to stand for election at the Society’s AGM
Are you interested in what is happening in your profession? How
about the accessibility of the profession? Is personal and
professional development important to you? Do you enjoy
networking amongst the local legal and wider professional
community?
If so, please consider standing for election to the General Committee.
Elections will take place at the Society’s AGM to be held at 1.00pm
on Monday, 28th November 2016 at the Society’s offices in Helix.
For further information about the Committee please visit
http://www.liverpoollawsociety.org.uk/about-the-society/committees or email
committees@liverpoollawsociety.org.uk with your query or request.
4. What are your aims/ambitions for your year in office ?
I hope we can achieve progress with the review of the governance
structure at The Law Society.
I hope also we can embed the "line of sight", the role of the Society in
encouraging and supporting career ambitions for our members. For
example, we are asked to encourage members to apply for judicial
appointment. It is plain to me that few solicitors consider this a
potential option at the start of their career. Line of sight means
opening eyes to this as an option among others, at an early stage, so
that individuals can gather relevant experience along the way. Equally,
with third party funds coming in to many firms and increasing
numbers of solicitors working in house, I want solicitors to develop
and be recognised for their ability to develop and run practices and
businesses. We should be encouraging these ambitions.
I will continue to promote the Profession and its principles, that are
focussed on the protection of our clients' interests. I am disturbed by
the powerful voices that wrongly describe solicitors as a costly
obstruction to the justice system in this country, often also suggesting
that LPP is about privilege for lawyers. I am also disturbed by moves
to penalise solicitors (and other advisers) for providing effective
advice (e.g. Tax schemes) or the recent expression of "much pleasure"
at government level at the closure of a law firm before any regulatory
proceedings have been concluded. A not very thin end of the wedge.
Our profession should be proud that it has established and
underwritten the vast majority of the infrastructure of the civil justice
system in this country. We have done so only because we have

Interview
11
demonstrated value to our clients. I am confident that we will continue
to do so.
Finally, I am will continue to advocate the hugely positive benefits of
a truly diverse society, respecting and capitalising on different social
and cultural experience, but supporting the shared values of this
Profession, acting with independence and integrity in the interests of
our clients, subject always to the rule of law. In a world where some
emphasise difference to create fear and worse, we have a real
responsibility to promote and demonstrate the strength that follows
from a truly diverse, but inclusive society.
5. What do you think the biggest challenges are going to be for the
profession?
Candidly, to ensure that the value of the solicitor qualification is not
compromised. We understand the regulatory objectives policed by the
LSB. There is a distinction between the regulation of a market and
professional standards.
6. What impact do you think Brexit will have on the profession
and do you think it will present opportunities or challenges for
lawyers?
We will make a success of BREXIT. It will of course provide
challenges and opportunities. It is our role to ensure that the standing
of this jurisdiction is not compromised and that the value of the
expertise available from solicitors is recognised by all.
7. The UN have recently highlighted Access to Justice issues in the
UK, do you think that this will add weight to the Law Society's
campaign?
Yes. Many express confidence in the rule of law. It counts for little if
there is no real access. The Profession has done and is doing so much
to try and close the gap, but there is no substitute for a properly
funded system of legal aid. We are gathering evidence and engaging
where we can.
8. What advice would you give to an A Level Student considering a
career in our profession?
I am an optimist. I believe there will be good careers to be had,
building off a law degree. Subject to changes to training, I always
caution students to reappraise their interests and the state of the market
before moving to LPC. I also encourage them to look at the additional
skills required to run a successful law firm and look to ways to gather
them.
9. Your best and your worst day as a Lawyer ?
Best? I've had many, but I suppose an acquittal in a serious drug
supply case, where we knew the prosecution evidence was based on
lies, or an employment case, acting for the transferee, where I had
undertaken the advocacy against two counsel and managed to hold the
TUPE liability for 200 staff on the transferor.
Worst? Driving to see a very taciturn client in order to report that
during pre sale due diligence, we had discovered potential negligence
and that he must take other advice. He did, but remained a client for
20 years, because "it's the way you deal with the bad news that really
builds trust".
10. When you are not Lawyering, or planning positive schemes for
The Law Society and the Profession, how do you relax ?
Family, garden, walking in the Lake District. I also ski extremely
badly.
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12 Feature
Guaranteed Conveyancing Solutions Limited is authorised and regulated by the
Those were the days my friends ….
Sometimes it may seem difficult
to believe that I had a
professional life before Wills
and Probate but it was nine
years post admission when I
specialised in Private Client. In
January 1993 I joined
Merseyside Welfare rights
Resource Centre (MWR) as
their first solicitor. The purpose
of my appointment was to
create what was in effect a
solicitor’s office which I would
manage and supervise under the
Rules and to enable the use of
Green Form Legal Advice and
Assistance.
They were halcyon days of
challenge and working in a cooperative
like structure where I
recall negotiating the form of a
meeting before the meeting
happened. It was centred on how
to help people without money in
very difficult circumstances to try
and improve their lives… single
mums and children living without
carpets and curtains nor the means
to buy them.
Naturally, I’d learnt about the
Wednesbury Principles applying
to the decision making of public
bodies but I’d never practised in
this area so I went on a course
organised by the one and only
Liverpool Law Society about how
to mount a Judicial Review to
challenge a decision. I wanted to
see how to use this powerful legal
tool to help others, the people
society tends to forget.
I went back to MWR and thought
carefully about our Social Fund
cases and studied in detail about
how the Inspectors had made their
respective decisions. It was clear
that the Secretary of State
guidance had not been considered
properly and that the local
guidance had been disregarded. I
secured Legal Aid and applied for
leave to apply for Judicial Review.
One of the cases proceeded to the
High Court and in November
1994 I took the train to the Strand
and attended the Royal Courts of
Justice which was incredibly
exciting. We won and an Order of
Certiorari was made quashing the
Inspector’s decision and granting
costs. The case was reported and I
used it extensively for training
and information.
In other cases leave to apply for
Judicial Review was granted and
the cases were re-decided without
proceeding to a formal court
hearing. Lots of people were
helped by consequences of one
case.
Sometimes when we have been
solicitors for a long time it is easy
to forget the achievements we
have made which give a voice to
those who are disempowered and
trodden on. Since 2011 I have
belonged to Jackson Canter which
is a firm committed to helping
others and making a real
difference through the practice of
law.
The economic climate has grown
cold and the cuts bitten hard since
I was a young solicitor working at
the cutting edge of the law and I
understand that business must
work effectively to enable the trail
blazing cases to be mounted
which make new law.
As a profession we need to
remember that law is a tool to
help others in different ways
involving not only challenging
authority but also the creation of
sound frameworks to enable
Naomi Pinder
business to function, property to
pass and of course the
management of assets and making
decisions upon incapacity and the
devolution and management of
assets through Wills and Trusts…
so we return to Private Client.
I entitled my musings to look
back in time but I end by looking
forward and encouraging
everyone to see law as a tool to
help others and to make a
difference for the benefit of all
people.
Naomi Pinder
Jackson & Canter
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14 Court news
Pagination, Properly Pleading and
Proliferation – Three Cautionary Tales
Three recent decisions serve as cautionary tales as to the dangers of
inadequate preparation and provide a timely reminder of some
important lessons….
Lesson 1
In the recent PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC
1235 (TCC), a case which will have just about every trainee in the
country quaking with fear, Mr Justice Edwards-Stuart proved just how
costly an imperfect bundle can be.
The Claimant applied for summary judgment and filed a 750 page
witness statement in support. Unfortunately for the Claimant (or more
fittingly, their solicitors) the page references in the witness statement
had not been updated with those in the bundle prepared for the hearing,
and the original page numbers had not been retained. The application
had suggested three hours would be required for pre-reading, although
the judge noted that this estimate would have been on the low side even
if the application bundles had been properly paginated. He said: “As it
was, any sensible pre-reading was derailed by the manner of the
pagination of the exhibits to Mr. Dean’s witness statement.”
The punishment was severe. Mr Justice Edwards adjourned key parts of
the Claimant’s application until the issue was resolved. The bundles
were returned to the Claimant’s solicitors and the costs of correctly
referencing the witness statement, together with the costs of the
adjourning the second and third limbs of the application, had to be
borne by the Claimant.
Lesson: Trainees beware! Never underestimate the importance of
knowledge of the rules concerning bundles, exhibits and pagination –
and always ensure bundles are organised and indexed properly.
Lesson 2
In Muhammad & Ors v ARY Properties Ltd & Ors [2016] EWHC
1698 (Ch) (13 July 2016), the First Defendant argued that the Claimant
had failed completely to address parts of the Counterclaim in its
Defence. The First Defendant sought a strike out of the Defence and
judgment to be entered on the First Defendant’s Counterclaim on the
basis that the Claimant had failed to comply with the requirements of
CPR 16.5.
Master Matthews was very nearly moved to agree with the First
Defendant, but eventually allowed the Claimant a further 14 days to
produce an Amended Reply and Defence to the First Defendant’s
Defence and Counterclaim which was fully compliant with CPR 16.5,
in default of which the existing defence would be struck out.
Lesson: Take care when drafting a defence, ensuring every point in the
particulars of claim is addressed– a poorly pleaded defence can be
costly!
Lesson 3
Mr Justice Kerr in Kimmance -v- General Medical Council expressed
his exasperation at the thousands of pages of documents in the bundle
before him, very few of which he was directed to read. He was,
however, sympathetic to the parties in his judgment, his frustration
aimed flatly at the legal profession and the way the court process had
evolved. He called the modern preparation of bundles “wasteful”, the
court “overburdened” with the production of unnecessary documents
and bundles.
Employment
Law
Conference
2016
-
His words “The parties should not lodge thousands of pages of
documents to cater for a chance of one in a thousand that the judge
might ask to see one or two of them. They should work out what they
want the judge to see, and produce that” should serve as a cautionary
tale against over-inclusion.
Lesson: Avoid the temptation to include the kitchen sink in the bundle.
Work out what the judge needs to see, and include just that.
Leanne Dolan
Hill Dickinson
For a more in depth view of the case of Muhammad and Ors v
ARY Properties Ltd please see page opposite...
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Court news
15
When the ‘hunter’ becomes the ‘hunted’ – a
cautionary tale when defending counterclaims
Defending a counterclaim can be a
frustrating experience, particularly where
the pleading is vague, unsubstantiated and
clearly no more than an attempt to ‘muddy
the waters’ to mask the merits of a claim.
Investigating spurious counterclaims can
be costly and divert valuable resources
away from the prosecution of the claim.
However, the case of Muhammad v ARY
Properties Limited [2016] EWHC 2968 (Ch)
serves as a reminder that a failure to properly
plead a defence to a counterclaim can also be
a costly matter. Here, the claimant (“M”)
sought repayment of a loan from the
defendant (“ARY”) and possession of a
property which M alleged ARY had offered
as security and which was subject to a legal
charge in M’s favour. In its counterclaim,
ARY sought a declaration that the charge was
not valid / binding because it was neither a
genuine instrument nor executed by
ARY/ARY had not been a party to it.
Although M filed a defence to the
counterclaim this consisted largely of bare
denials of ARY’s allegations and,
significantly, it failed to address the specific
allegation that the legal charge was not a
valid instrument nor binding on ARY. As a
result, ARY asked the court to exercise its
powers under CPR Rule 3.4 to strike out M’s
defence to counterclaim on the basis that it
failed to comply with the requirements of
CPR Rule 16.5.
CPR Rule 16.5(2) provides that where in a
defence (which will include a defence to a
counterclaim) a defendant denies an
allegation “(a) he must state his reasons for
doing so; and (b) if he intends to put forward
a different version of events from that given
by the claimant, he must state his own
version.”
CPR Rule 16.5(3) provides that “A defendant
who (a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his
case in relation to the issue to which that
allegation is relevant, shall be taken to
require that allegation to be proved”.
However, otherwise, a defendant who fails to
deal with an allegation is deemed to admit it,
(CPR Rule 16.5(5)).
CPR Rule 3.4(2)(c) enables the court to strike
out a statement of case if it appears to the
court “… that there has been a failure to
comply with a rule, practice direction or
court order.”
The judge acknowledged that “there was
some force in the criticisms of the [reply and
defence to counterclaim] and if it were to
remain in this form, there would be a basis
for granting at least some relief”. The initial
hearing was adjourned due to lack of court
time and in the intervening period M served
an amended reply and defence to
counterclaim. Whilst permission for this step
had not been granted the judge nevertheless
considered the new pleading and found that it
still failed to deal adequately with the
allegations in the counterclaim. Notably, the
judge emphasised that “a claim that [an]
averment is “embarrassing” is not enough. If
the Claimants wished more information about
this allegation they could have asked for it”.
Ultimately, despite the persistent deficiencies
in its pleading, the judge afforded M a final
opportunity to produce a compliant defence
and made the appropriate ‘Unless Order’.
This was perhaps a fortuitous outcome for M
in circumstances where a less sympathetic
court might well have struck out the reply
and defence to counterclaim, whereupon the
original claim would have stood little
prospect of success.
The case therefore serves as useful reminder
of the requirements of the CPR when drafting
a defence, (whether to a claim or
counterclaim). Whilst a defendant can
legitimately require a claimant to prove its case,
a defendant must also be prepared to assume
responsibility for clarifying the issues in the
pleadings where it intends to rely on a different
version of events by properly and fully pleading
its case, (perhaps preceded by a request that the
claimant voluntarily clarify any necessary issues
or pursuant to an application for further
information, etc.).
A bare denial that a claim is ‘embarrassing’ or
‘lacking particularity’ is likely to be insufficient
and may cause the defence to be struck out, even
where the ‘claim’ in question is devoid of merit.
Adam Berman
CDR Liverpool
Weightmans LLP
Adam Berman

16 Movers & Shakers
Paul Crowley & Co solicitors has bolstered its
Liverpool law firm strengthens family law team
-
-
-
family law team with the appointment of
matrimonial law specialist Jennifer Carr.
The Liverpool-based firm, which has offices in
the city centre, Anfield and West Derby,
welcomed Jennifer to its now 10-strong family
law team last month.
Specialising in private client divorce and
matrimonial finances Jennifer brings a wealth of
experience to the firm, having qualified as a
solicitor in 2010.
She will be advising clients on matters including
pension sharing orders, dividing business assets,
and considering money in all bank accounts.
The appointment comes at a time of exciting
growth for the firm, which also doubled its
personal injury team earlier this year.
Jennifer says: “Joining Paul Crowley & Co is a
fantastic opportunity in what is an exciting time
for the firm. The firm has a strong history in
Liverpool with 25 years’ experience in the
industry and so I’m really looking forward to
working with the team and helping to develop
the business even further.
“I’m eager now to meet with new clients and
start to build strong working relationships in my
new role”.
Paul Crowley, senior partner, says: “Jennifer will
Jennifer Carr
certainly be a valuable asset to our family law
department and I am certain that she will
thrive in her new team as we continue to grow
as a firm.
“As we look to the future we will continue to
build on our success as we focus on
strengthening all departments across the firm
while maintaining a high level of client care
for existing and perspective clients”.
Kirwans appoints new family lawyer
Leading law firm Kirwans has bolstered its
Family department with the appointment of a
new solicitor.
Sarah Platt has joined the North West law firm
in order to support the firm’s expanding family
offering.
Sarah’s new role will see her providing legal
guidance and representation to clients on a wide
range of family law matters including,
guardianship orders and domestic violence.
Claire Currie, Partner and Head of Family, said:
“Sarah’s appointment strengthens our family law
services and underlines our commitment to
providing our clients with the best possible
advice and support as they experience or prepare
for what is often a life-changing event.”
University of Liverpool graduate Sarah, who is
also a qualified barrister, joins the firm from
Canter Levin & Berg, where she completed a
training contract.
She said: “I am delighted to be joining such an
established yet forward-thinking firm and am
looking forward to supporting the family
department as it continues to develop its client
offering.”
Sarah Platt

Movers & Shakers
17
MSB marked leaders in the field of international child abduction
MSB Solicitors, who operate across three offices in Allerton,
Wavertree and Liverpool city centre, have been appointed to the
International Child Abduction and Contact Panel by the Official
Solicitors Office.
News comes following an intensive application process evidencing
considerable experience and expertise in this area. MSB now join
around just 40 other firms in the UK - predominantly London-based -
and are the only firm in the North West including Merseyside, Greater
Manchester, Lancashire, North Wales and Cheshire.
MSB have grown their expertise in the field of international child
abduction significantly in recent years. Partner Emma Carey and family
solicitor Emma Palmer are both Resolution-accredited specialists in this
area, solicitor Eve McGowan is on the Law Society’s advanced
specialist panel for child abduction, Kirsty Leather has completed a
masters of law in International Law and Wendy Eves has developed an
excellent reputation as a specialist, cross-border mediator.
MSB have a strong portfolio of international child abduction work.
Family Partner Emma Carey says:“It really is a very difficult process to
even be considered for appointment to the International Child Abduction
and Contact Panel and I couldn’t be more proud of the efforts of the
team at MSB. We have been involved in a number of incoming cases of
international child abduction in recent years, which in itself is a feat, as
often cases are submitted to solicitors firms already appointed to the
panel.
“I was first involved in an international child abduction case eight years
ago and I have been resolution accredited for 6 years – this was an area
of law I was interested to develop at MSB.I am lucky to be supported
by a fantastic team who share my passion and their combined
experience and commitment has been pivotal to us securing a place on
the panel.”
Emma continues: “Often this type of work is very niche as it is an
incredibly complexed. In many cases solicitors have to act quickly to
put measures in place, whether that be to prevent children being
removed from the country, or urgent action to establish the return of a
child. It is very emotive, time-consuming work and it has taken us a
long time to ensure that we are confident in this area of law and that we
have an effective support network.
“Legal aid is available for all child abduction matters, in some cases
automatically, regardless of a client’s income or capital. MSB prides
itself on its very high success rate in obtaining legal aid for clients.”
MSB will be amongst just over 40 firms nationally who will work
directly with the International Child Abduction Unit in the UK. Cases
are allocated on a rota basis and are usually heard in the Royal Courts
of Justice in London.
The Legal Aid Agency in the UK will also be informed of MSBs
appointment to the panel, which provides a green light in terms of MSB
obtaining legal aid for international child abduction clients.
MSB are a full service law firm and were established in 1988; now
operating from three offices in Allerton, Wavertree and Liverpool city
centre.
MSB have spent a number of years taking steps to develop not only
their experience, but their resources too - and to develop networks in
London and across the country in order to carry out international child
abduction work effectively.
The Family Team at MSB
Morecrofts appoints north west divorce
specialist Caroline Jones
Specialist divorce lawyer Caroline Jones has joined Morecrofts Solicitors in Liverpool.
Jones has over 20 years' experience in financial divorce settlements and is an active
member of Resolution ensuring that clients are supported and given the best advice
possible at a time of severe stress and disruption.
She joins Morecrofts after a long career at Cullimore Dutton in Chester and will support
Morecrofts' award-winning family law team, headquartered at its offices in Old Hall Street.
Speaking of her appointment, Jones said: "Having successfully worked on behalf of hundreds of
clients across the North West during my career, I wanted to ensure my next move was to a firm
renowned for its professional standards and with a very high reputation for family law in the
region.
"The ethos at Morecrofts is aligned perfectly with my own and this is a wonderful opportunity
for me to work alongside a talented team of family lawyers to provide the very best advice and
representation to our clients at a time when they need us most."
Alison Lobb, Managing Partner at Morecrofts, said: "We are rightly proud of our family law
pedigree and the professional relationships we are able to build with clients. Caroline's
experience and legal acumen will undoubtedly make her an excellent addition to the team."
Caroline Jones

18 Council Member’s Report
Council Member’s Report
There has been no Council
Meeting since my last report. As
ever, however, there is a lot
going on. We have been visited
in Liverpool by Janice More,
General Counsel of the Law
Society, to discuss with us the
proposed changes to the
Handbook and associated issues.
Interestingly, Liverpool was not
on the original list of destinations
for TLS to be included in this
Roadshow. That was until your
President, Alison Lobb, made her
views known, and impressed upon
those at 113 Chancery Lane that
not only was Liverpool a major
centre of legal work and
excellence, but that LLS, and
SAODLS, and Wigan Law
Society, were all important
Societies and should not be
omitted.
Chancery Lane heeded your
President’s words, thought again,
and an appointment was made for
the 11 August, and WOW, did we
show them how serious we are.
Over 60 folk attended, in the
middle of a working day and in
holiday time, illustrating (as we
all know anyway) that we are
active , informed and concerned.
Well done all. I am sure if time
had permitted many more would
have attended, although in truth
there might have been standing
space only!
Janice talked about the CMA
Consultation, the Handbook, the
Conflict issue, PII, the potential 2
tier system that might be created
by having regulated and
unregulated individuals/entities,
the Compensation Fund, Legal
Professional Privilege, changes to
The Accounts Rules, the
suggestion from SRA that there is
a ‘significant unmet legal need’,
and many other issues relevant to
our profession, and indeed our
very existence. It was a
fascinating 90 minutes. Many
thanks to Janice for giving us her
time.
But it does not end there.
Everyone must Consult: Big
Firms, Large Firms, Sole
Practitioners, In House Counsel,
Solicitors in Local Government,
Individuals , Young , Old, Male,
Female, Private client Solicitors,
Legal Aid Solicitors, Pro Bono
Solicitors….in short….all of us. It
is possible to convince the SRA
(and the Government) that their
way of proceeding is
misconceived, but only if
NUMBERS respond to the
Consultation. So please do so, and
even if you agree with the SRA
(which I hope you do not),
respond anyway. It is vital that our
profession participates in the
debate and the Consultation.
The General Committee of LLS
then had an hour with Paul Philip,
CEO of the SRA. He talked about
the Handbook, the potential
Qualifying Exam, ABSs, Accounts
Rules, encouraging competition to
deal with the unmet legal need,
and the future of Regulation
going forward. We had a keen
debate, although it is fair to say
The Solicitor Brand Campaign
The national Law Society needs your help to make their campaign
a success. They are looking for your help in a number of ways.
This is what they say:
“a) Encourage your members to volunteer to be a face of the
campaign. We want to feature real solicitors to use on our posters
and other materials. If your constituents are interested please ask
them to email our agency on lawsociety@dtw.co.uk with the name
and address of their firm and a photo.
b) We also want members to help us by volunteering to be in our
campaign videos. We want to record members talking about how
the work they have done with their clients demonstrates the role of
solicitors as experts in their field, client focused, value for money,
honest and honourable, approachable and accessible, and adding
value to the community. You can see some examples of the videos
about specific areas of law (business, conveyancing, criminal, wills
and probate, personal injury and family) from our last campaign on
ourYouTube channel. If your members are interested they should
email our agency on lawsociety@dtw.co.uk “
we did not agree with Paul on
much.
It was interesting that when asked
what areas of law consumers
would benefit from through the
availability of greater competition,
amongst others, he mentioned PI
work. I assume he meant personal
injury and not professional
indemnity, but I cannot agree with
him. Any unmet need in personal
injury work is due to the
Government belittling the
importance of it, not lack of
competition.
Again, watch out for the
Consultation on who should be
our Regulator going forward. It is
important to be involved in this
debate also, vitally important. For
example, a recent solicitor survey
revealed that when asked what the
Law Society’s primary role is, the
answer was ‘Regulation’. That is a
concern, as since the Legal
Services Act the SRA has dealt
with Regulation, not TLS (albeit
we are the overarching regulator
of the SRA’). If the SRA has its
way, The Law Society will be
wholly removed from regulation,
all of your PC fee may go to the
SRA, and we will have no say in
relation to entrants to OUR
profession , quality of OUR
profession, and how people
maintain standards in OUR
profession.. Is that what you really
want ? If, as I suspect, not, please
be sure to respond to the
Regulation Consultation when it
comes out.
On other issues, you will all
observe that we have another non
Lawyer Lord Chancellor. Indeed
she is an Accountant. Can you
imagine how our friends the
Accountants would react if –
perish the thought- a lawyer was
put in charge of ICEAW. I doubt
they would put up with it!
Hopefully Ms Truss will, when
she gets to learn about solicitors
and what we do , realise that we
are a massive part of the economy
in England and Wales, and despite
all the criticisms previous
Governments have made of us,
realise that we have managed to
make our system the envy of the
vast majority of the democratic
world.
And therefore, to slightly
abbreviate Maria and the Captain
in The Sound of Music…..As
CHARLIE JONES
COUNCIL MEMBER
Charlie.jones@weightmans.com
Solicitors:
Somewhere in our youth or
childhood
We must have done
something good
And another interesting thought!
We, as a profession, are
encouraged to do, and do, a lot of
pro bono work. Although some
large London firms with a
massive PEP suggest that smaller
firms do not contribute to the pro
bono cause, we all know that is a
misplaced suggestion. I think
often of other organisationssurveyors,
accountants, plumbers,
electricians, energy companies,
for example- how much pro bono
work or services do they provide?
We do a good job. Let’s remember
that.
Finally, are you happy with the
Law Society Gazette? Do you
read it? In paper version? Online ?
How could it be improved? Is
there anything you would like to
see in it but do not? Is there
anything in it that you do not want
to see? I am on the Law Society
Gazette Editorial Advisory Board,
so if you have views, pass them
on, and I will pass them to the
Editor and the Publisher.
As ever, please call/email me if
there is anything I can help with,
or take to Chancery Lane for you.
I am your Council Member and
am here to help.
Charlie Jones. Weightmans
LLP. Co Council Member
01512427919.
Charlie.jones@weightmans.com

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Conference 201
Finance
Conference 2016
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20 Charity & CSR
Charity and CSR Matters
Hello! This month I bring you news of
a little swim I did in Wales, Rushton
Hinchey’s Big Fun Run, and a probono
event taking place at Liverpool
Law Society in November. These pages
are all about promoting your CSR and
charitable activities and advertising
opportunities to get involved with the
third sector. If you would like to tell
Sunrise Swim
Just to prove that I occasionally put my money where my mouth is,
here is photo from a swim that I did in Llyn Bogdynydd near
Llanrwst on 13 August to raise money for Mencap Liverpool, a
local charity of which I am Chairman.
I got in the water at sunrise, 5.52 am, and swam for the longest I’ve
ever managed in open water – a total of 7 hours. I had originally
planned to swim from sunrise to sunset but the water was a lot colder
than I’d expected (having swam in the same lake at this time of year last
year) and I had to ‘realign the goalposts’ a bit. After five hours 15 I had
to get out shaking with the cold. I spent 45 minutes huddled under
sleeping bags in a tent to get warm and went back in. It felt worse than
the first time and once I got to the point where my chest was tightening
up I made the sensible decision to get out! After all, we were miles from
anywhere with no phone signal
I managed to raise a total of £1,656.25 including gift aid which will go
towards supporting some of the 9,000 people with a learning disability
in Liverpool. A big thank you to everyone who sponsored me.
Matt Smith
others about your CSR activities,
please send me an article. Equally, if
you want to get other lawyers involved
in offering pro-bono advice, know of an
opening for a charity Trustee or want
us to feature a particular charity, then
let me know too. You can e-mail me at
matthew.smith@weightmans.com
Save The Date: 24 November 2016
On 24 November 2016, Liverpool Law Society
plans to host a pro-bono match making event.
The aim will be to match people working within
law firms to specific opportunities to provide probono
advice, volunteer, fundraise or help legal
advice organisations in other ways.
Several speakers from third sector advice
organisations will give a presentation focusing on
the opportunities available within their organisation
and speakers from law firms will share their
experience of providing pro-bono advice. We have
already lined up speakers from LJMU Legal Advice
Clinic and the North West Legal Support Trust. We
will then try to ‘match-make’ delegates with the
opportunities available.
This event should be of interest to anyone
working for a law firm who is interested in doing
pro-bono work, volunteering or fundraising and
CSR/pro-bono partners and representatives.
More details will be provided soon. For now, if
you are interested in attending, save the date!
If you know anyone who may be interested in
speaking at the event, please e-mail
matthew.smith@weightmans.com

Charity & CSR
21
Rushton Hinchy Have Big Fun in Sefton Park
Rushton Hinchy Solicitors took part in the Big Fun Run in Sefton
Park on 13 August.
The Big Fun Run takes place every year in Sefton Park and Rushton
Hinchy have taken part in the event for the last 3 years. This year, the
firm fundraised for two charities: James the Baby Iron Man and Love
Leon.
James the Baby Iron Man
James is an 8-month old baby boy. He was born with a severe heart
condition for which he will need numerous surgeries and visits to Alder
Hey Children’s Hospital. James’s family hope to raise awareness of
congenital heart disease in babies and to also show how precious life is.
Love Leon
Leon-Paul Salamanca Walsh is suffering from an undiagnosed suspected
regressive genetic condition. Leon has had years of specialist tests
including genetic tests under the Deciphering Development Disorders
project, which will look at his genes.
Leon attends The Legacy Rainbow House every day and so the family
raise funds for the fees.
Rushton Hinchy, based in Rainford, specialise in Road Traffic Accident
and Personal Injury claims and are celebrating 10 years of practice this
year.
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22 Charity & CSR
t
Headway Wirral would like
Carpenters most successful fundraising event for
Headway Wirral thanks to North West support
This year’s annual Dragon Boat Festival in support of local brain injury
charity Headway Wirral featured over 20 teams and all competitors put
on a great show for the crowds gathered at West Kirby Marine Lake.
Mayor Pat Hackett formally opened the race. This event was fifth in the
annual series following four very successful years and with fundraising and
sponsorship still being received this year’s event has been the most
successful yet raising in excess of £22,000.
Teams taking part came from all over the North West to support Headway
Wirral, from law firms, schools, local businesses and individuals. A celebrity
team captained by Simon Rimmer of Chanel 4’s Sunday brunch fame took
part with his staff from his new venture The Viking Pub West Kirby. Simon
has committed to taking up the challenge of next year’s race that is due to
take place on Saturday 20th May 2017.
Weightmans, BLM, Plexux law, SGI Legal, Exchange Chambers, RSA
Motability, Merseyside Police and many more took part in this year’s dragon
boat festival. The wind was up and paddling and conditions were challenging
but all teams rose to the challenge
Donna Richards & Mayor Pat Hackett
The winning team from Auger, a Wirral based business, made their debut in
this years’ event, claiming victory over seasoned participants and this year’s
runners-up Carpenters, long-standing supporters Law Costing Ltd and
newcomers RSA Motability. The race was so close the spectators and
competitors could not tell who had won the event until the announcement by
the event organisers a real photo finish.
Pippa Sweeney from Auger said “we were delighted to receive the Headway
Cup in this year’s event but the real victory is being able to support such a
worthwhile charity and help to raise funds to support the amazing work
Headway Wirral do for our community.”
The success of this event is always determined by the fundraising
achievements of the teams taking part, and new for this year Headway Wirral
were proud to award the premier fundraising team with a ‘Paddle of Power’
prize for their efforts. TV chef and local restaurateur Simon Rimmer
announced Headway Wirral as new pub The Viking’s chosen charity for 2016
and was proud to receive the award for overall fundraising Champions,
awarded event sponsors Carpenters’ CEO Donna Richards.
The Vikings
Exchange Chambers
The charity also honoured the efforts of two teams of mums who came
together to show their support in spectacular style representing St Bridget’s
school. The group of 32 ladies were rewarded with two cases of Prosecco
kindly donated by CL Warren Civil Engineering having raised in excess of
£1,800.
Headway Wirral also received a variety of prizes that were donated by a host
of local businesses and participating teams were raffled at the After Paddle
Party at West Kirby Sailing Club which was gratefully received and helped
to bolster fundraising.
Headway Trustee and Director heading Carpenters Serious Injury Team Ann
Allister confirmed this one event allows Headway Wirral to continue to grow
providing support to families, carers and sufferers of acquired brain injury
across the Wirral, with support groups on 3 days a week, together with
training to Merseyside Police and Fires Service and a drop in information
day at Wirral Neuro at Clatterbridge Hospital. Headway Wirral are keen to
open on a fourth day as the demands on our service increases month on
month. Headway Wirral would like to thank all competitors, Carpenters and
West Kirby Sailing Club for hosting the event and after paddle party.
Simon Rimmer, Donna Richards CEO Carpenters, Ann Allister
Technical Director Carpenters and Trustee Headway Wirral,
Jackie Dean of Nable Chair of Headway Wirral.
Awarding The Paddle of Power
Headway Wirral team
ar’s annual Dragon Boat Festival in support of local brain injury charity He
f ed over 20 teams and all competitors put on a great show for the crowds
W irby Marine Lake.
Pat Hackett formally opening the race. This event was fifth in the annual
f ng four very successful years and with fundraising and sponsorship still be
t ar’s event has been the most successful yet raising in excess of £22,000.
taking part came from all over the North West to support Headway Wirra
f chools, local businesses and individuals. A celebrity team captained by
o anel 4’s Sunday brunch fame took part with his staff from his new venture
P est Kirby. Simon has committed to taking up the challenge of next year’s
d take place on Saturday 20 th May 2017.
P
tmans, BLM, Plexux law, SGI Legal, Exchange Chambers, RSA Motability, M
Simon Rimmer and
The Vikings
This year’s Headway Wirral Dragon Boat Race has received more support
than ever before and already the charity and long-standing supporters and
sponsors Carpenters are looking to 2017’s event on the 20th May 2017 to see
how we can possibly top this year. More information about the event can be
found on the event’s website www.wirraldragonboat.org
BLM
Team Carpenters

“SAN CARLO HAS THE INGREDIENTS
OTHERS CAN ONLY DREAM OF”
The Observer
Aldo Zilli now part of
the San Carlo team
WWW.SANCARLO.CO.UK
41 Castle St, Liverpool, Merseyside, L2 9SH
liverpool@sancarlo.co.uk | T: +44 (0)151 236 0073
@SanCarlo_Group
WINNER OF THIRTY FIVE PRESTIGIOUS AWARDS

24 Feature
I’m not being condescending and that
means talking down to you
Why do marketing, management
and other consultants seem to
think that the route to working
with law firms is to tell them they
aren’t very good at running a
business? That it’s not in their
nature, they don’t understanding
marketing, they don’t see things
commercially.
In my experience, having being
employed by four law firms, this is
nonsense. It might be fair to say that
some solicitors would prefer to
concentrate on fee earning more
than management, but that’s true in
all businesses. We have finders,
minders and grinders everywhere.
Long established law firms have
survived for years with little or no
formal marketing, relying on repeat
client work and referrals. They are
still the two leading sources of work
for most firms I speak to. That
should actually be applauded not
ridiculed.
As I read this blog back I’m stuck
by the notion that I’m telling people
why they don’t need my
services….. but actually the point is
we should be looking at these
sources of work and asking how can
we get more from them?
How are you keeping in touch with
existing clients? Seminars, e-
marketing, social media, telephone
and face to face meetings (for key
clients) should all be part of your
plan. Did you know for example
that you can now use Facebook
advertising to target only people
who have used your services in the
past? The rule of thumb is that
existing clients are 3-8 times more
likely to use your services again
than a new prospect, so
communication with them
consistently when they don’t need
legal advice should be at the core of
your marketing plan.
Do you have a referral strategy in
place? Referrals come not only
from existing clients and other
professionals, but also other people
who have never used your service
but have heard of you. That means
being visible in as many ways as
possible. Website, social media,
email, printed press, radio,
sponsorship, seminars, corporate
events…..The marketing world
calls it brand building, but for law
firms reputation building seems
more fitting.
For professional referrals a good
starting point is to measure what
you’re receiving and what you are
sending out. It sounds obvious, but
some firms seem happy to rely on
gut feeling here, when solid
information would be more useful
and should be a key performance
measure at department and Partner
level meetings.
If you want to get more referrals
then the best way is to give more
referrals! That doesn’t mean
waiting to be asked, but actively
looking for opportunities to refer
your clients to trusted local
professionals. It’s useful to think of
these opportunities in terms of both
legal service and the stage of the
matter. For example in a
conveyancing transaction early in
the process you have the
opportunity to refer them to a
surveyor for a home buyers report
and to a mortgage broker to check
they have the best product for their
circumstances. Later in the process
you could refer them to a removal
company and IFA if they are
receiving a substantial sum from
the proceeds of a sale.
You can increase your referrals by
including information (or separate
leaflets) in your standard letters
throughout the process but don’t be
afraid to ask the question. No client
will be offended when the service is
relevant and if they so no you’ve
lost nothing.
Don’t get me wrong great
marketing doesn’t cover up poor
work, but when some (many-mostall)
clients find it hard to distinguish
firms on legal talent alone, being
the most visible local firm and an
active referrer gives you a
significant advantage of the
competition.
For an unpretentious
conversation about marketing
your business please visit
www.legalmarketingworks.co.uk
or call 01253 969166
Paul Coombes
Conveyancing and tech - there is no time like the present
to make a change
Adam Bullion, Head of Marketing, InfoTrack
Lately I have noticed more and
more that technology has us
living as a 24-hour society. Our
days are quickly filled,
particularly through the use of
said tech, whether at home or at
work, and we find ourselves
describing our lives more and
more as ‘busy’. Being in a fast
paced society means we have
learnt to expect instant
gratification when purchasing an
item or service, as well as
receiving swift, exceptional
customer service – and all at a
competitive price, of course. As a
service industry, legal firms are
not immune to these attitudes
and it is issues around the
efficient use of time and the
direct effects of it which can be
addressed by using process
consolidating technology.
As global use of technology grows
exponentially, legal firms have
been pegged as slow to adopt new
systems and processes, and as
lawyers are often risk-averse and
time-poor, there may be less
motivation to spend unbillable time
researching or implementing new
technology. However, I recently
read the Lexis Nexis Bellwether
Report, 2016 which provided an
optimistic view of attitudes toward
technology in the legal industry,
where it stated that over 90% of
the lawyers surveyed agreed that
“continued investment in
technology is no longer optional –
it is a ‘must’”, and 64% of
respondents ‘strongly agreed’ that
continued investment in
technology is essential to legal
practices.
So how does this stack up with
reality? In a recent survey
performed by InfoTrack, 73% of
conveyancers who responded said
that they use between 3-5 websites
to complete a conveyancing matter,
and more than 60% said that the
ability to complete contracts online
would make the conveyancing
process more efficient. This clearly
shows there is certainly an
awareness that investing in
consolidated technology is
imperative to maintaining a
competitive edge and being as
efficient as possible, particularly in
industries such as conveyancing.
However, the same research shows
that the market is still accessing
numerous websites to complete a
single transaction. From the initial
searches through to indemnities
and submission of notoriously
lengthy forms, such as SDLT and
AP1, you should expect to be able
to access all the key tasks in one
location, in turn creating efficiency
and allowing you to focus on
providing exceptional customer
service.
There is no time like the present to
make a change in the technology
you are using. Change can allow
firms to turn their focus to those
areas which clients value the most,
those which make the biggest
difference to their experience,
which is especially important given
that research shows how much
time is required in managing client
expectations. This means that by
identifying systems and processes
that are going to benefit both
internal and external stakeholders
in the long term, early adopters of
innovative technology will reap the
benefits.

AP1
transfers
rs
are
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. With up to
90% of the AP1 Transfer form pre-populated, ed, InfoTrack are evolving the conveyancing process. With us, you can carry
out all your key tasks s – 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
7

26 Regulation
Regulation Update
The latest regulation news from Michelle
Garlick of Weightmans LLP
By the time you read this, the
Olympics will be over and the
football season started again. I
don’t know about you but it feels
to me as though the summer
break from football gets shorter
every year? And if the SRA has
its way, we may well be saying
the same thing about the Code of
Conduct! As the time for the
consultation responses draws to a
close (21st September so there is
still time!) I ask myself whether
the profession would think that
the SRA deserves any gold
medals for their proposed radical
overhaul which they say will help
improve competition?
Here’s a round up of what’s been
happening:
Solicitors firms vs ABSs
In last month’s column, I
discussed removing barriers to
competition and Justice Minister
Lord Faulks’ comments about
ABSs. Well, the Law Society has
now broadly agreed with
proposals for ‘minor’ reform of
ABS regulation because they
consider it to be in the public
interest for traditional firms and
ABSs to be treated the same.
Current proposals include:
• removing the requirement that
an ABS practise from an address
in England and Wales;
• allowing regulators to make
their own rules on ownership of
an ABS;
• changing the rules so
compliance officers report a
‘material’ failure rather than
‘any’ failure; and
• repealing the requirement to
meet the objective to improve
access to justice.
Catherine Dixon, Law Society
Chief Executive says “it is critical
that the regulatory framework,
including client protection, is
equal for ABS and solicitors’
firms as this will enable fair
competition, which benefits
clients and is in the public
interest.”
The Law Society has
recommended that the ABS sector
is reviewed three years after the
proposals are implemented as this
will gauge whether they have
affected diversity in the legal
services market.
There is no date for
implementation but watch this
space as the legal market and
services change.
Looking to the Future
As I mentioned above, the
consultation is ongoing and both
the Law Society and the SRA are
keen to hear members’ views.
The Law Society has already
spoken out about its concerns that
the proposals could create a “two
tier profession” and leave
consumers unprotected but the
SRA do not accept this nor that it
will dilute the solicitor brand. I
was interested to see that the
SRA has removed the case
studies from the consultation
document and moved them to a
different part of its website
entitled “Your Questions”. Some
of the case studies have already
changed in light of feedback
given and they make very
“interesting” (and in some
examples, concerning) reading.
The Law Society has issued a
briefing note as to its views on
the proposals and is travelling
round the country holding
members meetings to gauge
opinion. Please do get involved in
this consultation – I cannot stress
how important it is and the
impact it could have on every
practising solicitor and all firms
of whatever size and structure.
Risk Outlook
The SRA has also issued its latest
risk outlook looking at key risk
priorities, trends and horizon
scanning. The main addition is a
new risk of “Lack of access to
legal services”. This is to tie in
with the regulatory reform
mentioned above. But many
remain familiar including
cybercrime, money laundering
and independence/integrity. For
those of you involved in PI work,
it confirms that the SRA is
“researching concerns” raised
about PI work and refers to the
SRA’s warning notice issued in
March this year.
Question of Trust
The SRA has also recently
released its initial findings from
its Question of Trust survey. You
may remember that the SRA put
to both consumers and the
profession various scenarios to
gauge the level of seriousness of
each and what should happen
when solicitors got it wrong. The
most serious offences all related
to issues of misuse of client
money, criminal activities and/or
dishonesty, such as a solicitor
using client money to pay
gambling debts, forging
documents, or getting an elderly
client to alter a will so the
solicitor could inherit some
money.
Although both the public and
profession see the misuse of
money as very serious,
interestingly the public were
more sympathetic than solicitors
if the money is replaced. Other
areas where the results showed a
clear difference in views between
the public and solicitors were on
client confidentiality and solicitor
competence with the public
viewing these as more serious
than the solicitors. The survey
results were not as conclusive
around issues that related to
behaviour outside a solicitor's
working life - such as getting
involved in a drunken fight, faredodging,
being found guilty of
dangerous driving, or using racist
language on a personal blog.
There was no clear consensus on
how seriously a regulator should
treat such matters.
How this survey will inform the
SRA’s approach to enforcement
remains to be seen – its
unfortunate that the SRA is
wanting feedback on the changes
to the Handbook without
providing what is, I believe, to be
an important piece in the jigsaw.
Reports from the SDT
Continuing the enforcement
theme, the SDT has been busy
MICHELLE GARLICK
WEIGHTMANS LLP
recently. One of note is a solicitor
at Capsticks who was struck off
for claiming £1,185 in false
business expenses. When queries
were raised about receipts and
meetings he reassured his bosses
that all was legitimate. However,
once an internal investigation
commenced, he admitted his
previous assurances were false
and his expenses claims actually
related to celebrations for his
wife’s 50th birthday. In mitigation
Mr Brookes said he had been
trying to address a number of
issues in his personal life.
Nevertheless, the tribunal found
six allegations proved, including
dishonesty. This case illustrates
the importance of having a robust
expenses policy with appropriate
approval and review processes
and not simply taking them at
face value. How do yours stack
up?
Enterprise Insurance
You may also have seen that the
last unrated PII insurer collapsed
recently. Around 50 firms insured
by Enterprise now have the
unenviable task of finding an
alternative insurer after it went
into liquidation. If you are
affected by this in any way, the
Law Society and the SRA has
issued guidance on their
respective websites.
Michelle Garlick
Weightmans LLP

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28 MJLD
News from the MJLD
£1,000 raised by team from Weightmans for
charities across the country
On 6 August 2016, Richard Burrows (chairman) and a team from
Weightmans (Becki Smith, Brian Jelley, Alex Burgess, Nicola Flood and
Laurie Wilson) took part in Tough Mudder Yorkshire 2016 to raise
money for the MJLD’s nominated charity, Zoe’s Place Baby Hospice as
well as the Walton Centre and Lupus UK.
The team battled through an assault course of ice, mud and electricity,
to name just a few of the obstacles they encounters, and managed to
raise over £1,000 for their efforts. The money will be split equally
between the three charities. Lupus UK and Zoe’s Place Baby Hospice
have already expressed their gratitude for the team’s efforts.
The MJLD has raised money for Zoe’s Place Baby Hospice throughout
the 2015-16 events year. From September, fundraising efforts will move
to support Crisis, a national charity which supports homeless people. If
you would like to be involved in the MJLD’s fundraising and charitable
work, please contact the committee’s two fundraising representatives,
Fern Gibson (fern.gibson@dwf.law) and Katie Corless
(katie.corless@weightmans.com). A team from Crisis will be attending
the MJLD’s first event at Red Door, Berry Street on Thursday 1
September 2016, and will provide more details of the work which they
do.
Congratulations to the team from Weightmans for completing Tough
Mudder and for giving lawyers in our area a good and charitable name!

S
News from the WLD
a
July Event
S
S
Attendees were able to try 2 gin & tonics, 2 gin liqueurs and we we
Next Event
S
WLD 29
On Friday 29th July we held a Gin Tasting Event at Ma Boyles in
Liverpool. Attendance at this event was once again high and it was
definitely another success for WLD.
O
Our next event is “Zumba” on Wednesday
7th September 2016 at DWF offices
Liverpool.
T
Attendees were able to try 2 gin & tonics, 2 gin liqueurs and we were
The evening was hosted by Liquor & All Sorts Ltd, who provided an
array of gins for us to try and the event was kindly sponsored by
Kingsley – Property & Legal Recruitment. Attendees were able to try 2
a
gin & tonics, 2 gin liqueurs and we were also taught how to make a gin
cocktail at home!
This promises to be another sell-out event
so keep an eye out for our event flyer in
your inbox shortly and be sure to book
your places early!
This was all very thirsty work so the afternoon tea provided by Ma
Boyles went down a treat as well.
Membership
It is not too late to become a member of the Mereseyside WLD. You
can become a member by completing the membership form which can
be downloaded from our website: www.wldmerseyside.co.uk
m
Forms should be returned to: -
By Post:-
Kathryn King at EAD Solicitors LLP
Prospect House
Columbus Quay
B LiverpoolL3 4DB
DX: 740875 Liverpool 12
By e-mail:-
Kathryn.King@eadsolicitors.co.uk.
D
Merseyside WLD membership rates are:
Individual Member £15 per year
B Corporate Membership (10 attendees per event) £150 per year
Trainee Membership £10 per year
Membership runs from April to March each year.
M
Payment
I
Cheques should be made payable to Women Lawyers Merseyside.
Bank transfers should be made to Account Number: 50192791, Sort
Code: 20-51-01 quoting the name of your firm for Corporate
Membership.
***If you are renewing your membership please ensure all payments
are sent to our new account as noted above, payment can no longer be
accepted into our previous account***
If you have any queries regarding membership please contact us at
Kathryn.King@eadsolicitors.co.uk

30 CPD
£ £ £
£
£
£ £
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-
-
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