Liverpool Law Dec 2016

Liverpool Law
The Magazine for lawyers in Merseyside and the North West
December 2016
IN THIS ISSUE
Liverpool Law Society
Annual Dinner 2016
PAGES 16 & 17
Retirement at
Maxwell Hodge
PAGE 8
The Brexit
Judgment
PAGE 9

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Welcome
From the Editor
3
Welcome to the December edition of Liverpool Law.
e
This edition marks the end of T my third year as editor of the magazine. 1 I have had such fun over the
year in the monthly meetings of the editorial committee at the Liverpool Law Society offices. We
spend a lunchtime a month reviewing the previous month's edition and the content of the next month's
edition and try very hard to think of new ideas to try and interest and entertain you.
This month is such a good month because This we edition have marks just enjoyed the end the Annual of my Dinner third year at the as Adelphi editor and of
we I have are able had to such include fun the over wonderful the year photographs in the monthly that Ray meetings took on our of behalf. the editorial We've also committee been sent at
some great photos from MJLD We taken spend at their a lunchtime Shiverpool a event. month It reviewing would be fabulous the previous if any member month's
firms could ease our "what do we include next" concerns by sending in photos from Christmas parties.
If you have never submitted anything to Liverpool Law before (or even if you have) it is a great way to
send in your contribution and we promise any sent in (that will not get us into trouble!) will be printed
in our January edition.
h u u p d
I also want the to say wonderful thank you photographs everybody who that has Ray taken took the on time our and behalf. the trouble We've to submit also been an article sent
for publication to us this year as well as all the people who take the time and trouble to go out and meet
people for interviews or who write up events for us. Without
It would
all this support
be fabulous
we would
if any
not have
member
a
magazine to publish.
SYLVIA SHEPHERD
EDITOR
Editor@liverpoollawsociety.org.uk
That just leaves me to wish a very Happy Christmas and New Year to all our members.
Sylvia Shepherd
Editor
editor@liverpoollawsociety.org.uk
t l t e d
Without all this support we would not have
azine to publish.
K
Liverpool Law
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where possible) or request
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expressed in Liverpool Law
are those of the individual
contributed and not those of
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LiverpoolLawSociety
Diary Dates
Thu 26th Jan 2017 6pm onwards
New Qualifieds and Merseyside JLD and LLS Meet &
Greet Event
Fri 17th February 2017
Legal Awards nomination deadline
Tues 28th February 2017
Pathways to the Legal Profession
Thu 30 March 2017
Merseyside JLD and LLS Quiz night
Deadlines 2017
14TH DEC FOR JAN
16TH JAN FOR FEB
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13TH APRIL FOR MAY
15TH MAY FOR JUNE
19TH JUNE FOR JULY
17TH JULY FOR AUG
14TH AUG FOR SEP
1 1
Editorial Committee
Dates 2016 & 2017
05/12/2016 AT 13:00
03/01/2017 AT 13:00
06/02/2017 AT 13:00
06/03/2017 AT 13:00
03/04/2017 AT 13:00
02/05/2017 AT 13:00
05/06/2017 AT 13:00
03/07/2017 AT 13:00
07/08/2017 AT 13:00
04/09/2017 AT 13:00
02/10/2017 AT 13:00

y
responding to many consultations, year. We also have so many great
and the representative side of the General Committee members and
role does seem to grow year on we don’t shout enough about the
year. I have also spent a
hard work they put in, chairing
considerable amount of time committee meetings, arranging
engaging with other professional speakers, contributing to the
organisations, and making links training programme and
with the wider business
responding to consultations,
community and local government, amongst many other things. A
as well as continuing the great special mention must go to our
work done by my predecessor, editor, Sylvia, who has done such
Emlyn, in strengthening our links a good job making Liverpool Law
with the MJLD, Universities, and the exceptional publication it has
!
ALISON LOBB
other educational bodies, all of become. They are all very
which I hope can be continued. dedicated people who are PRESIDENT
enthused by their roles and put in
This is my chance to thank those a lot of their own time so that all
who have supported me through of us may benefit. A very well
an incredibly busy year. The done and thank you to you all. you ! during the year.
Society wouldn’t be here without
our fantastic staff. Sarah, Liz,
Of course without the backing of
Ann, Kimberley and Jo do an
my partners and colleagues at
amazing job to run the business,
Morecrofts I wouldn’t have been
deliver massive amounts of
able to ! fulfil ! the ! role at all, ! ! and ! I! ! ! ! !
training – far more than any other
am very grateful to them for
Local Law Society - organise
allowing me to take it on, and
numerous brilliant events and
supporting me throughout the
provide all the services to our
year.
!!
members which they need and Of course I am also very
expect from us.
appreciative of all of you!
Without our members there
I want to thank the Officers who wouldn’t be a society, and there
have formed “my” team. John, certainly wouldn’t be a President. around”!
Nina, Julie, Philip and of course, Thank ! you ! for making ! ! it a ! year ! to ! Alison ! Lobb !!
Emlyn, have given me so much remember, for welcoming me, President
support, encouragement and helping me, joining in and
supporting our activities and
Sponsored
4 From the President
President’s Mentions
And so here we are at my last
President’s column. By the time
you read this I will only have a
matter of days left before I hand
over the jewel on 13th
December, so this is the time for
me to look back on a wonderful
year.
Firstly, and fresh in my mind – a
huge thank you to you all who
came to the Annual Dinner – I
hope you had as good an evening
as I did! Yet again the staff at the
Society organised an evening
which ran brilliantly from start to
finish and they need to be
congratulated for that. Of course
many thanks to Kingsley for
sponsoring the event – and for
leading the way on the dance
floor.
When I was preparing speeches
for the dinner and for the AGM
and looked back over everything
that had taken place during the
year, I have to say I was quite
amazed at how much I had
managed to pack in. I have been
fortunate to enjoy the hospitality
of our colleagues in London, the
Joint V and beyond, and enjoyed
some memorable social occasions,
but, of course, it’s not about just
that. This year we have had a lot
of dialogue with Chancery Lane
and the SRA and been involved in
CHARITY SPOTLIGHT
assistance, without which I
wouldn’t have got through the
Crisis Skylight Merseyside
Operating across Liverpool, St. Helens, Wirral and Sefton,
Crisis offers an outreach to the homeless and vulnerably housed
in the North West. With the festive period looming, the work
done by Crisis staff and volunteers is never more important.
Offering a wide range of services, Crisis seeks to provide assistance
in a number of ways. From finding training courses, volunteer work
and work placements; to help with CV preparation, interview
technique and job hunting; vocational training for everything from
plumbing and tiling, to cooking, health and safety, and teaching
English as a foreign language. In doing so, Crisis inspires the
necessary skills and confidence in its 500 clients through 75 weekly
classes.
A myriad of factors have ensured that issues relating to
homelessness have continued to rise over the past five years. A
reduction in social-sector housing and not least the issues arising
from government policies such as the ‘Bedroom Tax’ and Universal
Credit has meant that organisations such as Crisis are all the more
necessary. Those using services therefore are not only those
sleeping ‘rough’, but are accessed by families and young people
alike, often subject to repossession or eviction. In 2015/16, 57,750
households were accepted as homeless, with a further total of
275,000 households approaching their local authority in the last
year alone for homelessness assistance.
Despite growing demand for services, the organisation continues to
positively affect the lives of clients in the Merseyside area. Dan,
age 20 said, “Crisis has helped me to come out of my shell and
making art has been a big part of that. It’s been a real outlet.” Using
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Society News
5
Symposium on the proposed Hillsborough Law
Date: Wednesday 15 February 2017
The Hillsborough Disaster was a tragedy. The behaviour of public
institutions in its aftermath was a disgrace. Institutions whose
failings led to the disaster sought to distort the truth and mislead
the public, reckless as to the devastating effect of their actions on
the families of those who died in the disaster.
At the recent Hillsborough Inquests, it became clear that over the last 27
years not enough has changed. Both South Yorkshire Police (SYP) and
the Yorkshire Ambulance Service (YAS) ignored their previous
apologies and sought to deflect blame onto others. We saw first-hand
the further distress that this caused our clients, who had taken the
apologies as a sign that SYP and YAS were finally ready to act with
transparency and in the public interest rather than in the interests of
institutional defensiveness.
Our clients, who have fought tirelessly against this culture of
institutional defensiveness in their battle for justice, are adamant that
other people should not be put through the same pain that they have
been through. This is how the idea for the Public Authorities
Accountability Bill (‘the Hillsborough Law’) came about. It is clear to
our clients that the current legal framework regarding institutional
transparency is not fit for purpose. In drafting the Hillsborough Law, we
sought to plug this gap.
The drafting process was led by Pete Weatherby QC, our lead counsel in
the Inquests, and we were fortunate to receive crucial feedback and
agreement from the other legal teams who represented bereaved
families recent Inquests.
In developing the draft, we were keen to ensure that the Hillsborough
Law is as clear and straightforward as possible, both in terms of the
language used and its implementability. Another key concern for us was
ensuring that the law was robust enough to challenge the culture of
institutional defensiveness in public bodies, but did not unfairly burden
either public bodies or individual public servants. Having achieved this
balance, we believe that the draft bill will gain the support of public
institutions as a fair and logical codification of a mindset that they
should already be striving towards.
The main provisions of the draft bill are as follows:
Section 1: creates a statutory duty for public authorities, servants and
officials to act at all times with transparency, candour and frankness
Section 2: creates a statutory duty for public authorities to assist in
court proceedings where their acts or omissions are or may be relevant
Section 8: makes these duties enforceable by court proceedings or by
way of judicial review to the High Court
Section 11: creates criminal offences where a public servant
intentionally or recklessly misleads the public or court proceedings or
any inquiry or investigation where the duty of candour arises
Section 12: removes the current legislative gap which allows former
public servants to refuse to assist public inquiries
The full draft text of the bill and Explanatory Note are available at:
http://www.thehillsboroughlaw.com . We welcome all feedback and
suggestions, particularly from members of the legal profession, so
please get in touch with us at thehillsboroughlaw@gmail.com if you
have any comments or ideas related to the Hillsborough Law.
You may also be interested in attending the Hillsborough Law
symposium which is being hosted by Liverpool University in February.
The symposium, details of which are below, will provide an opportunity
for robust analysis and discussion around the draft bill and will hear
from a diverse range of voices.
Symposium on the proposed Hillsborough Law
Date: Wednesday 15 February 2017
Location: University of Liverpool
The University of Liverpool is hosting an event that will consider
whether the proposed Hillsborough Law as drafted can meet the
intended aims and how it can be improved. The event will be followed
by the Eleanor Rathbone Lecture delivered by Professor Phil Scraton
'Hillsborough: Resisting Injustice, Recovering Truth' which will take
place at 5pm on Wednesday February 15, 2017.
Participants will be invited to deliver short presentations outlining their
contributions to topic-based working groups, followed by discussion
and questions from the drafters of the proposed law and other
participants. These will be broadly structured around the following
thematic areas:
1. Do the duties in clauses 1-2 adequately meet the aims of the proposed
law (as set out in the Explanatory Note)?
2. Have the 'duty of candour' provisions in Regulation 20 of the Health
and Social Care Act 2008 (Regulated Activities) Regulations 2014 and
Appendix 5 of the NHS Standard Contract had a positive effect in
combatting 'institutional defensiveness'?
3. Are there international examples of statutory, regulatory or policy
regimes that effectively reduce institutional defensiveness and improve
transparency, candour and frankness by public bodies? What can be
learnt from these regimes for the UK context?
4. What essential features must 'Codes of Ethics’ (clause 9) have in both
content and implementation in order to help change the culture of
defensiveness in public-facing bodies?
5. How might the proposed law be improved to more effectively
achieve the aims of transparency and candour by public servants as set
out in the Explanatory Note?
6. Contributions that do not fall into the above categories from
specialists in accountability of public bodies, Freedom of Information,
whistleblowers, international comparative law, and public law generally
are welcomed.
Speakers will be confirmed in due course.
Elkan Abrahamson,
Jackson & Canter
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6 News from the Sub-Committees
News from the Sub-Committees
Non Contentious Business
Sub-Committee
The Non Contentious Business Sub Committee met on the 20th
October 2016.
Unfortunately, our pre-arranged Speaker was unable to attend and I was
unable to secure a replacement in time for the meeting. In the
circumstances, I gave a short presentation about Dementia Action
Alliance (“DAA”). The DAA is an alliance of organisations across
England committed to transforming the lives of people living with
dementia and those who care for them. The DAA includes many
charities, third sector organisations and businesses. The DAA is under
the umbrella of The Alzheimer’s Society and we looked at the principles
of building a dementia-friendly community for businesses.
The principles benefit all of our clients and many are matters of
common sense and basic good manners. It is important to always
remember these factors when we and our staff are helping our clients
and others in our community. The principles include speaking clearly,
body language (e.g smiling warmly) and making eye contact, using
friendly tones and respecting an individual’s personal space, listening,
showing patience and having awareness of noise and lighting and the
environment which may affect a person living with dementia in a
different way.
One of the symptoms of dementia is that a person’s perception may be
altered – for example a black mat can signify a ‘gaping hole’ to a person
living with dementia which may cause alarm and distress. Dementia can
result in confusion in handling money and therefore helping people find
their way in a clear manner without making too many choices and
taking ‘one thing at a time’ are all very important. We had a very good
discussion about these issues which apply to everyone. It should also be
noted that as our workforce ages and with the removal of fixed
retirement ages, dementia may affect our workforce and must be borne
in mind by the professionals as responsible employers.
The meeting continued to approve the Minutes of the Meeting of the
20th June 2016. There were no consultation papers.
Jo Downey reported to the Committee about training. A total of 42
persons were booked onto the Residential Conveyancing Conference
which was chaired by Mrs Angela Hesketh with skill and
professionalism. Jo tried to ensure that the Speakers were relevant but
unfortunately some may not have met expectations and the situation
will be kept under review. The Conference offered a very good
opportunity for networking.
Future Conferences will include the Commercial Property Conference
(10th May 2017) and creating sponsorship was discussed. The Private
Client Conference (17th May 2017) will probably be held in
conjunction with STEP as usual. We discussed the future of training in
relation to the new regime which is being introduced on the 1st
November 2016. The training organised by Jo is excellent and in the
literature about each course information will be included to demonstrate
clearly how the new competencies are met. The Season ticket will
remain very attractive to members.
Please note that one of our members has resigned and please let me
know via the Law Society Office if you would be interest in joining our
dedicated and lively team.
Naomi Pinder
Chair
-
-
-

Law News
7
Disposal of a Child’s Body, Cryogenic Preservation
In this case, the Judge Mr Justice Peter Jackson was asked to make
important decisions regarding who should have the responsibility of
dealing with the remains of a terminally ill 14 year old child. The
case has hit the headlines because it concerned the cryogenic
preservation of a human body but the Judgment did not make any
direct finding regarding the suitability of this proposed course of
action.
The young girl can only be called JS because she was a minor child and
privacy is awarded in almost all family disputes which place the best
interests of the child as central. JS had terminal cancer, her parents were
divorced and there had been no contact with dad since 2008. The
divorce was bitter and the parents had not reached any agreement
regarding the child who was in the sole care of mum.
themselves and without parental involvement.
At the age of 14 teenagers are still forming their capacity to make
reasoned decisions, often very well informed and opinionated but not
always right. The reasoning is not comparable to that of an adult, there
is no reason why it should be. That is why parents and society guide
young people and there are rules to protect them concerning all types of
activities from pornography to alcohol consumption to gambling.
Mr Justice Jackson states that in making the Order authorising mum to
make the decisions for JS he was giving precedence to the welfare
principle enshrined in the Children Act in which the predominant
feature would be the wishes and feelings and acute emotional needs of
JS. If this logic is followed, I submit that he knew that by making the
Order the cryogenic preservation would be sanctioned.
JS was a bright girl who had researched cryogenic preservation on the
internet. She was not ready to die and wanted to try for the potential life
at some point in the future possibly offered by cryogenic preservation.
Mum was in agreement but dad was not and the case proceeded to
court.
When a minor child dies, their statutory next of kin are both parents.
The death is automatically intestate because with the very limited
exception of minors serving in the armed forces, a child cannot make a
valid Will. A disagreement regarding the disposal of the body should be
avoided (see my recent comment Ashes to Ashes).
It is interesting from a legal point of view on a number of levels. The
application concerned the position both during JS’s life and after her
death and the Judge was being asked to create a framework of certainty
in JS’s best interests to cover both time frames. The Judge held that his
decision was about removing as far as possible the uncertainty about
what could happen during JS’s lifetime and after her death.
If there is a dispute after death, the case is normally brought after death.
The Judge emphasised the extraordinary circumstances and used his
inherent powers to extend the Judgment beyond death. He held that the
cryogenic procedures would need to be put into place before her death
and the argument simply could not wait to be resolved.
The Judge made a specific issue order under the Children Act 1989
permitting mum to continue to make arrangements during JS’s lifetime
for the preservation of her body after death and to prevent dad from
getting involved. After death he held that mum should be the sole
Administrator of the estate under s116 of the Supreme Court Act 1981
and that she should have sole authority to decide who should view the
body and to make the arrangements for disposal of the body. Thereby
excluding dad from all the entire process.
Note again that he does not make any direct ruling regarding the rights
and wrongs of the proposed method of disposal nor about whether or
not the decision of JS was correct or sensible. He stated the old legal
maxim that hard cases make bad law and I expect that the judgement
could be suitable for the Court of King Solomon.
With the greatest respect to Mr Justice Peter Jackson, I have
observations regarding parts of his Judgment. He states that there is no
doubt in his mind that JS had capacity to bring this application, she was
a bright, intelligent and articulate girl who had not been coerced or
steered by a family member or anyone else. If she had been over 18 she
could have made a Will appointing mum as sole executrix and therefore
giving mum power to deal with the disposal of the body (within legal
parameters). He did not wish JS to be prejudiced by her age.
Mr Justice Jackson stated that no-one has the right to tell anyone else
what they should think, least of all a young person in JS’s position. He
was clearly moved and impressed by JS.
I take issue with these comments. The age at which a child can make a
decision is 18 upon attaining the age of majority. Over the years cases
have come before the family court challenging this and famously the
Gillick Case in the 1980s which concerned the availability of the
contraceptive pill to minor girls who sought to make the request
As a postscript part of the Judgment (Part 3) Mr Justice Jackson
expressed grave concern about the actual outcome and particularly the
fact that on the day of death, mum was preoccupied in making the
practical arrangements at the expense of being with JS. Furthermore, the
voluntary organisation carrying out the arrangements was underequipped
and disorganised and the process caused grave concern to the
medical and mortuary staff.
Another point arises which was not raised in the arguments before
court… was JS actually dead? Her body is now in a state of suspended
animation, ready to be brought to life at some stage in the future, so is
the body actually dead or living or undead? From a legal point of view
the Judgment covers the position both before and after death but the
point is fascinating.
This is a tragic case concerning childhood illness and family
breakdown. I think that the outcome is bleak on all fronts.
Naomi Pinder
The Jackson Canter Group
One small step OR a giant leap??
Well that’s it folks, the training regime which has been in place
since the 80’s (some of us remember the 80’s better than others) has
now gone, finished.
From here on in ‘the shackles are off’ (as I’ve heard it described) with
regards to how you remain competent within your role. Points will no
longer be counted, instead the magic formula is:
REFLECT PLAN RECORD EVALUATE
Easy…..
Liverpool Law Society will continue to run a year-round
programme of events, which will provide opportunities to ensure
individuals maintain a level of competence appropriate to their
work and level of responsibility and comply with applicable
legislation.
AND not just training but with events held in conjunction with: CIOT,
CISI, ICE, ICAEW, LeO, Professional Liverpool, SRA & STEP
Liverpool & more, there are plenty of opportunities to network.
If you have any questions, thoughts or concerns, or require at any time a
statement of training you have attended, please do not hesitate to
contact me: jo@liverpoollawsociety.org.uk
Jo Downey,
Director of Education & Training,
Liverpool Law Society

8 Local News
MoJ reduce small claims limit
Last month the Government announced that they would be raising
the small claims limit. The Ministry of Justice said it wanted to
raise the limit in the small claims court for all personal injury
claims from £1,000 to £5,000.
The Law Society has responded by alleging that the plan will clog up
the courts with litigants in person while also 'completely undermining
the right of ordinary people to receive full and proper compensation'.
The full consultation admitted that litigants with claims under £5,000
will not normally need to appoint a solicitor to act on their behalf.
“These proposals will completely undermine the right of ordinary
people to receive full and proper compensation from those that have
injured them - often seriously - through negligence,” Law Society
president Robert Bourns said. “This five-fold increase will stop people
getting the legal advice they need in order to bring claims for the
compensation they are entitled to in law.
'People may be tempted to try to bring claims themselves without expert
advice. This will clog up the court system, creating a David and Goliath
situation where people recovering from their injuries act as litigants in
person without legal advice - those defending claims can often afford to
Fond farewell to Director
of Liverpool Law Firm
Leading Liverpool Law firm Maxwell Hodge Solicitors say a fond
farewell to Carol Head as she retires as Business Services Director
from the company after 20 years of service.
Carol was appointed in 1996 by the then named Maxwell Entwistle &
Byrne as Practice Manager and was originally based at their Huyton
Branch in Sherborne Square.
In 2011 Carol and her Business Services Team were relocated to
Maxwell Hodge’s Head Office in Castle Street, Liverpool City Centre
and in 2013 Carol was appointed as Business Services Director.
Carol said of her retirement: "To have been the Business Services
Director at Maxwell Hodge is of course a huge privilege. For me
however it has been far more, I have been surrounded by talented,
dedicated and friendly colleagues who I will miss dearly. I don’t feel
like I am retiring I am simply starting a new chapter in my life”.
Simon Leyland, Chief Executive at Maxwell Hodge, paid tribute to
Carol: “I am honoured to have managed the company alongside Carol.
She was a wonderful mentor to me and many others and is respected by
all who have had the pleasure of working with or knowing her. On
behalf of the whole company, I thank her sincerely for all she has given
to Maxwell Hodge over the years”.
pay for legal advice. This undermines ordinary people's ability to access
justice - especially if defendants refuse to accept liability, forcing people
to fight through the courts without legal help.
“Spinning this proposal as an attack on the 'compensation culture' and
claiming it will reduce premiums is misleading. If you are injured
through no fault of your own you should be allowed to claim for that.'
Robert Bourns added: 'We do, however, support the proposal to prevent
claims being settled without medical evidence. This should curtail the
practice of some insurers trying to persuade people to settle for less than
their claims are worth without evidence of the actual value.”
Donna Scully, a Partner at Carpenters Solicitors added “It is our view
that the Government is embarking on a potentially disastrous course,
littered with dangers and potential pitfalls. We have consistently pointed
out the ‘unintended consequences’ since the reforms were announced in
2015.
“The proposed reforms are short-sighted, unfair and may have the
opposite effect. Previous reforms such as LASPO, have demonstrated
that ill-considered and predominantly one-sided agendas do not achieve
their objectives.”
“This spurious questioning of the legitimacy to pursue justice and
compensation is deeply troubling for one injury only. Condemning
legitimate and reasonable claims challenges one of the basic
foundations of our centuries-old legal system and our system of
restorative insurance cover. The focus for reforms should be to tackle
fraud. Genuine claimants should not be penalised. So much more can be
achieved by an open dialogue and collaboration to find real solutions to
tackle fraudulent and other unwelcome behaviour. The reforms are a
very blunt instrument that will attack genuine motor insurance
customers instead of dealing with those intent on committing fraud.”
Kirsty McKno, Chair of the Civil Litigation Committee will be
attending the MP’s Summit to highlight the economic impact that this
will have on the region. Kirsty said “This is fundamentally about access
to justice but if implemented the proposed reforms will also have a
significant economic impact on PI firms, both claimant and defendant.
It won’t just be solicitors that are affected by this, there will be the loss
of support staff and the knock on effect to amongst others the suppliers
of ancillary services and owners of those offices in which law firms are
based. At an empirical level the consultation is potentially flawed and it
is important that we understand the data used and how to address the
conclusions drawn by the consultation in order to respond to them
appropriately.”
Liverpool Law Society is organising a meeting with Matthew
Maxwell Scott and Capital Economics to discuss the consultation
and these economic concerns. Attendance at the meeting is vital if as
a Society and individual Claimant and Defendant firms we are to
better understand what the industry faces and the best approach
that may be taken in response to the Consultation. Further details
will be circulated to members.
Nicholas Thomas
Liverpool Law Society are saddened to learn of the death of
Nicholas Thomas of Blain Boland.
Nicholas joined the legal profession as an articled clerk in 1974
and was admitted as a solicitor in 1982, becoming a partner at
Blain Boland in 1984.
Nicholas was very well known and well respected in Willaston,
both by legal colleagues and the wider community.
Carol Head retires as Business Services Director
The Society offers its condolences to Nicholas’s family, friends
and colleagues.

Brexit
9
The Brexit Judgment is all about the
Supremacy of our elected Parliament
It seems that the whole world is
commenting on the decision of the High
Court in relation to Brexit. In fact some
press reporting has verged on the
hysterical.
We need to make one thing clear from the
start. This is not a judgment on Brexit itself.
It is a judgment on what powers the
government has, to make decisions in
relation to Article 50 without referring to
Parliament. The Lord Chief Justice could not
have made this any clearer.
'It deserves emphasis at the outset that the
court in these proceedings is only dealing
with a pure question of law. Nothing we say
has any bearing on the question of the merits
or demerits of a withdrawal by the United
Kingdom from the European Union'.
I think everybody has now heard of Article
50. This is the process that begins our exit
from the EU. In very simplified terms the
court decided that the process cannot be
triggered by the Government. It has to be
done by Parliament. It is a purely legal point.
It has nothing to do with the pros and cons
of Brexit.
The Government argued that it could start
the process without going to Parliament
because of 'Royal Prerogative'. These are
words that most Law Students forget shortly
after finishing their degree. They rarely raise
their head in real life. Royal Prerogative
describes decisions which the monarch of
the day could make without having to refer
back to parliament. It is a concept that goes
back to the 14th Century and the days of
power struggles between the monarch and
the barons.
Over time those powers have devolved to the
government ministers. The powers are
sometimes used in foreign affairs and might
include the making of treaties with other
nations.
This is important in relation to last month’s
decision. When we entered the European
Union in the 1970s Parliament enacted the
European Communities Act 1972. If we
want to exit the Union that Act has to be
repealed. The government’s case was that it
must have been Parliament’s intention in
1972 to give any future government power,
by way of royal prerogative, the power to
cancel any treaties relating to our
membership. This argument was very firmly
rejected by the Court.
The overriding point is that Parliament is
sovereign. The 1972 Act was passed by
Parliament. There is nothing in that Act to
say that a future government can cancel it.
Only Parliament can repeal an Act that it has
passed. The Lord Chief Justice said
‘The most fundamental rule of the UK’s
constitution is that Parliament is sovereign
and can make and unmake any law it
chooses. As an aspect of the sovereignty of
Parliament it has been established for
hundreds of years that the Crown – i.e. the
government of the day cannot by exercise of
Royal Prerogative override legislation
enacted by Parliament.’
The government argued that this case was
different. It argued that it had the legal
power to trigger Article 50 because this is all
about foreign relations and therefore within
the Prerogative. This again was rejected. It is
self evident that laws enacted since we
joined the EU have become part domestic
law. So as soon as Article 50 is triggered,
UK laws will be affected. This is not just
about foreign affairs but will fundamentally
change our laws. Those powers are for
Parliament and not the government.
The case will now go to the Supreme Court
– possibly before all 11 judges. I would be
very surprised if their decision is any
different. There is nothing in either the 1972
Act or even the Referendum Act of 2015 that
gives Mrs May and her ministers powers to
cancel an Act of Parliament.
This is not a battle between the courts and
Parliament. In fact it confirms that nobody –
neither judges nor the government can
override the supremacy of Parliament. In
fact it is part of our historical protections.
The courts will not allow any government to
act beyond its powers. If it wants to change
the law it can legislate and to do that it has
to go through the correct process.
So where does this leave Brexit?
I cannot imagine that Parliament will try and cancel
the result of the referendum. A majority of voters
chose Brexit. It would certainly trigger a major
constitutional crisis if that outcome was blocked
altogether. Indeed many MPs who supported Remain
have said that they will respect the will of the people.
What it does mean is that the process will have to be
carefully examined by Parliament. Brexit minister
Davis Davies has acknowledged that this would
mean a new Act of Parliament.
This might slow the formal process but it will ensure
that the elected members of parliament will have the
final say on the detail of the exit.
It is easy to forget that this was something that was at
the heart of the Leave campaign i.e. the recovery of
the supremacy of our parliament.
The High Court has confirmed this.
The judgment should be welcomed by both sides of
the debate itself. It is not a decision about the rights
or wrongs of Brexit. It is a clear line in the sand
about what powers Ministers have to disregard those
elected by the people.
Steve Cornforth
EAD Solicitors
-

10 Movers & Shakers
Senior North West corporate lawyer Ian Vicary joins
Excello Law
Ian Vicary, a senior corporate lawyer who has been working in the
north west for over 25 years, has joined national, commercial law
firm Excello Law from Top 50 firm Weightmans LLP where he was
a former Head of Corporate and more recently led the Liverpool
company and commercial team.
Ian qualified in 1990 from Chester College of Law and specialises in
significant acquisitions, disposals and refinancing, as well as
shareholder disputes, banking and general commercial transactions.
In the past year Ian has advised on the sale of the Afonwen laundry
business to Johnsons Services Group for in excess of £50m.
George Bisnought, Founder and Managing Director of Excello Law,
commented: “Ian is a major corporate lawyer across the North West and
has been involved in some of the region’s largest transactions. He
brings a wealth of expertise and first-class contacts to our growing
business across the region and will be a great asset as we continue to
expand our legal services and capabilities.”
He has previously worked as Head of Corporate for Aaron & Partners
and as a partner at Hill Dickinson LLP, where he advised on one of the
North West’s largest transactions – the sale of Norse Merchant Shipping
Group to Maersk for £250m.
Ian said: “I was attracted to the Excello Law business model due to the
flexibility it offers lawyers to focus on developing our services to clients
in the way we see best, complemented by a collaborative culture across
a national team of senior, commercial lawyers.”
Hill Dickinson appoints first Chief Operating Officer
Hill Dickinson has hired Iain Johnston as its first chief operating
officer (COO). Iain Johnston, who took up the position of COO in
November, will be charged with further strengthening Hill
Dickinson’s position in the marketplace, accelerating the firm’s
development and overseeing the day to day operations of the
business.
Prior to joining Hill Dickinson, Iain spent 11 years running GB Group
PLC and was involved with Alterian PLC for 13 years, including
running the business as deputy chairman prior to its sale. In addition as
CEO he helped turn around the Loewy Group and has spent 16 years as
chairman of Event Marketing Solutions.
CEO Peter Jackson commented: “I am delighted to welcome Iain to
Hill Dickinson. His arrival marks the next step for us in terms of
understanding and maximising the commercial advantage that
technology has brought to some of the complex and evolving markets
we operate in. Iain will be key to us accelerating our growth journey
whilst delivering an outstanding client experience. I look forward to
working with him over the coming years.”
Iain Johnston said: “Having worked with Hill Dickinson for the last 18
months in a non-executive director capacity, I have seen first-hand the
potential of the firm. I’m honoured to be taking on the role and looking
forward to being part of Hill Dickinson’s next exciting chapter.”
Iain Johnston
DWF Liverpool announces six senior promotions
Legal firm DWF has made six senior promotions across its
Liverpool-based commercial and insurance teams reflecting an
ongoing commitment to investing in key practice areas and
growing its sector expertise for the benefit of its North West,
national and international clients.
The senior associate promoted to partner is real estate specialist Luke
Hopkins, while those promoted to associate are Costas Nicolaou in
litigation plus Sarah Mir and Hannah Fitzgerald in personal injury.
DWF has also promoted David Hulbert in commercial litigation to
director-level, equivalent to partner at DWF, and the final promotion
is within the partnership.
Andy Nichol, Liverpool’s Executive Partner and a Real Estate
specialist at DWF, comments: “Each of these individuals has been
instrumental in driving DWF in Liverpool forward, not only in terms
of their particular legal expertise but also the quality of service they
deliver to our clients and positive impact they have on their
colleagues. All of those promoted this year exemplify our values and
are very much the future of DWF, so I’m pleased that we can
recognise and reward their commitment to us and look forward to
supporting each of them in the next phase of their careers.”
DWF employs circa 330 people in Liverpool and acts for leading
North-West based companies including Peel Holdings and Money
Group.

11
Movers & Shakers
-
-
-
-
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This month marks the one year
anniversary of leading law firm
Maxwell Hodge’s Woolton
Branch.
The company decided to launch
its South Liverpool Office in
November 2015, after the success
of its other 8 branches, which are
spread across Liverpool and the
Wirral. Claire Banks, Director at
Maxwell Hodge said: “We were
very keen to have an office in
Woolton and have been delighted
with our first year. We pride
ourselves on working in
communities and with the people
who live there. Woolton is a
lovely village. People who live,
work and trade there have been
most welcoming to us. We look
forward to continuing to
development working
relationships in the years to
come.”
Staff at the Woolton Branch got
together for an informal gathering
with champagne and birthday
cake to mark a successful 12
Maxwell Hodge celebrate a successful 12
months in Woolton
months since last November. The expansion means that the
practice, which employs over 70 people, is now able to offer
its legal services to clients in the South Liverpool area.
Simon Leyland, Chief Executive commented “We pride
ourselves on being a law firm at the heart of the local
community, having been established for over 150 years.
Opening an office in Woolton has been an ambition of ours
for a while and although only open for 12 months, this
addition to the Maxwell Hodge family is already proving to
be a very successful development in Maxwell Hodge’s long
history”.
Leading law firm Kirwans has bolstered its service
offering by moving its Liverpool office to the heart
of the Commercial District and announcing the
appointments of two specialist lawyers.
The new city centre office at 1 Temple Square, Dale
Street, Liverpool, will complement the firm’s existing
offices in Prenton and Moreton, Wirral and Southport.
Newly appointed associate Julie Hunter and solicitor
Lindsey Knowles have joined the team to further
enhance the development and expansion of the firm’s
commercial and personal legal services.
Julie Hunter, formerly of Bermans, brings a wealth of
commercial expertise to Kirwans’ litigation
department, in particular in the areas of business
disputes including finance litigation, asset finance and
loan agreements.
Lindsey Knowles, who joins the firm from Percy
Hughes and Roberts and is an active member of the
Employment Law Committee of Liverpool Law
Society, will further enhance Kirwans’ current
employment law offering, working on a broad range of
employment matters on behalf of employers and
employees alike.
Managing Partner David Kirwan, whose late father
founded the firm in 1947, said: “Kirwans is committed
to expanding our services in Liverpool, and the new
Kirwans boosts services with new office
location and key hires
location together with the key
appointments of Julie and Lindsey
underline our determination to do just
that.
"The organisation’s longstanding success
has been built on the high standard of
service delivered to our clients by our
talented and much-valued team. This is
an exciting time for the firm as we
welcome new faces and grow our service
offering throughout the UK."
David Kirwan

12 Local News
Tim Farron MP’s Visit to ‘Breakfast at the Cathedral’
‘River in the City’ is a Christian project based in Liverpool city
centre, serving city professionals and enabling connections between
life, spirituality and faith. River in the City has been involved in city
life and has put on regular events over the last seven years. The
project comes to an end later this month, as its coordinator Revd.
Keith Hitchman is moving on to a new role.
The last ever ‘River in the City’ event was a City Breakfast held in
Liverpool's Anglican Cathedral and featuring as its keynote speaker,
Tim Farron MP, leader of the Liberal Democrat Party. Tim spoke clearly
about how his Christian faith shapes his life and how he approaches his
leadership and political role of trying to improve people’s lives.
Tim emphasised that the free gift of God’s grace is open to everyone. It
is an absolute foundation of the Christian faith that God loves all and
through Him sins are forgiven and redemption is found in Jesus. In
today’s modern world there is so much emphasis on working hard to
achieve good results and we are certainly expected by ourselves, clients
and colleagues to do our best in everything we do. This is all good but
sits uneasily with Grace which is an underserved free gift of forgiveness
and life in Jesus. Grace is amazing and wonderful!
Tim was at pains to point out that he does not seek to impose his
morality on other people, he is worried about any politicisation of the
church and went as far as to say that he does not agree with an
established church. He regards being an essential part of the
establishment as a constraint of a living out his faith in a life of public
service.
Tim regards personal integrity as of paramount importance, such as
keeping your word and DOING GOOD and not just thinking about it.
Tim referenced the fact that love and action are always linked together
in the Bible and to fail to take the opportunity to do good is a sin.
Tim regards rampant secularism as dangerous which views faith as an
eccentric aberration to be tolerated. Tim clearly respects all beliefs and
frameworks but he said that nothing exists within a vacuum even
secularism has a framework otherwise it could not function at all.
Tim came across as an extremely decent man who has an objective
morality for instance that it is right to help people and it is wrong to
demonise the poor. He is moderate and believes that it is right to show
compassion to those less fortunate and to exercise careful stewardship
of resources.
Naomi Pinder
www.gcs-title.co.uk | 01435 868050 | underwriters@gcs-title.co.uk
Guaranteed Conveyancing Solutions Limited is authorised and r
egulated by the Financial Conduct Authority
.
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THE UNIVERSITY OF
LIVERPOOL IS SEEKING
LAY MEMBERS
OF COUNCIL
The University of Liverpool is a member of the Russell Group
of leading UK research intensive universities, and is consistently
in the top 1% in global rankings.
We have recently agreed an exciting new strategy to
take us into the top 100 of universities worldwide, and
we are seeking individuals who match our ambitions to
serve on our Council.
We are proud to:-
• Carry out research with impact – in the recent
Research Excellence Framework, 81% of our
research was rated ‘World Leading’ or
‘Internationally Excellent’
• Have a diverse student body being taught by the
brightest academic minds
• Have a reputation for widening access
• Have a global outlook and reach, rooted in a
firm commitment to the Liverpool City Region.
The role
As the University’s governing body, the Council is
responsible for approving the University’s strategy and
supporting policies; determining key business
decisions; and monitoring institutional and executive
performance.
Lay members play a key role, bringing expertise from
other sectors and independent perspectives to the
governance of the University.
Who are we looking for?
Council members are drawn from a variety of
backgrounds. We are particularly interested in
identifying experienced individuals from the worlds of:
Arts, Heritage and Culture; Audit; Education; Finance;
HR; Media; and Risk Management. However,
candidates from other backgrounds should not be
deterred from applying.
A commitment to public service is essential.
We would particularly welcome expressions of interest
from BAME, disabled, female and LGBT candidates, as
well as those with a particular connection to the
University, or the Merseyside region.
Informal enquiries should be directed
to Patrick Hackett, Deputy Vice-Chancellor
(0151 794 2017/ p.hackett@liverpool.ac.uk).
Further information is available at:
www.liverpool.ac.uk/lay-members.
The closing date for expressions of
interest is 5pm on Friday 16 December 2016.
www.liverpool.ac.uk

14 Law Firm Management
How to survive the Professional Revolution
Had Isambard Kingdom Brunel been a lawyer and not an engineer,
suspension bridges might have remained the domain of
orthodontists and we might still be rowing wooden boats to the
Balearics for our summer holidays. As it turned out, his engineering
genius helped shape the Industrial Revolution and put the Great in
Great Britain - in much the same way my colleagues say I put the
Bone in Bone Idle.
According to Horrible Histories, the Industrial Revolution changed
forever the way goods were made as mechanisation moved the country
from workshop-based micro production to factory-based mass
production. Falling costs and rising efficiency led to lower prices and
faster delivery. Once consumers had tasted the forbidden fruit there was
no going back and flat-cappers found themselves working weekends to
keep the industrial magnates in their shiny toppers.
There is much evidence to suggest that the legal sector is now at the
forefront of the Professional Revolution - a term which, if adopted,
could land me an entry in Wikipedia, somewhere between David
Walliams and Robbie Williams.
Wide-scale regulatory reform, a succession of competition-hungry
governments, comparison websites, Google-educated do-it-yourselfers,
AI (the IBM, not the Countryfile, version), sophisticated IT platforms
and increasingly savvy buyers are changing forever the way legal
services are bought and sold. Add to these factors the profession’s
passion to do the right thing by its clients and we are seeing a
downward pressure on fees, accelerated response times and the biggest
shake up of the legal sector since at least the advent of email. Like the
Industrial Revolution, the Professional Revolution looks unstoppable
and the pace of change likely only to accelerate.
If the Industrial Revolution taught us anything (beyond the fragile
nature of our ozone layer) it was that revolutions create both winners
and losers. Over the medium term, those with the time and financial
muscle to invest in meeting each new challenge become stronger and
those without it become weaker. This dynamic creates the ideal
conditions for market transformation and the transactional activity we
have seen so far is likely to be just the tip of the iceberg.
Against this cheery backdrop, if you want to give your law firm the best
chance of being on the winning side, here are SIX BUSINESS BASICS
that will help provide a firm foundation for success:
STICK TO THE BUSINESS FUNDAMENTALS Before and since
Isambard Kingdom Brunel was a lad, successful law firms have been
good at finding the work, doing the work, billing the work and
collecting the bills. Try not to let the revolutionary white noise distract
you from these core business fundamentals and from doing them really
well.
TRUST YOUR GUT The fact that you are still in business today
means that you know what you’re doing. So follow the gut instincts that
have served you well and keep on with the things that your experience
tells you work - like doing a fantastic job for every client, showing them
how much you care, listening to their needs and keeping those who
recommend you motivated to do so again.
WATCH YOUR CASH Even very profitable businesses go under
because they run out of cash. So watch your bank accounts like a hawk,
don’t shock your bank manager with nasty surprises, don’t breach
banking covenants, don’t take on liabilities you haven’t pre-funded and
try not to draw profits you haven’t yet made.
MONITOR RATHER THAN MIRROR YOUR COMPETITORS
Don’t waste your time trying to keep up with the Kardashians. Do
things your own way and spend all your excess energy explaining your
special proposition to your clients and recommenders.
NAIL YOUR ROUTE TO MARKET Whether you generate business
leads via direct marketing, Google Ads, social media networking, joint
venturing with work referrers or local or national advertising, try to
have as few intermediaries as possible wedged between you and your
paying clients. The huge upsurge we have seen in advice on ABS
collaborations and investments into law firms has largely been driven by
the desire of collaborators and investors to back law firms whose future
work flows are under their own control.
And finally…
RUN TILL YOU’RE TACKLED!
Nigel Wallis,
O’Connors LLP.
O’Connors LLP is a Liverpool and London-based law firm that
advises law firms, chambers and other providers of legal services on
start-ups, structures, regulation, funding, mergers, acquisitions,
disposals, contractual arrangements and insurance. For further
information, please contact Nigel Wallis, Pamela Rafiq or Mark
O’Connor at O’Connors LLP via www.oconnorsllp.co.uk.
-

Annual Dinner 2016
On 10th November LLS hosted its
189th Annual Dinner. Over 270
members and guests arrived at the
Adelphi Hotel for what has long
been the highlight of the Society’s
social calendar.
The Annual Dinner is an opportunity
for old friends and colleagues to catch
up, for new entrants to the market to
introduce themselves and for all of our
members to celebrate the city’s vibrant
legal profession. It was especially
heartening this year to see a good
number of our colleagues from the
local bar in attendance, undoubtedly
drawn by the evening’s main speaker.
The President was delighted to
welcome the Hon. Mr Justice Edis, the
former Liverpool barrister and now
High Court Judge, who regaled the
guests with tales from the robing room
of the Supreme Court. He also
commented upon the prevailing
political uncertainty and noted that
such times have been survived in the
past. The guests also heard from the
President and Vice President of
Liverpool Law Society and the toast
to the Society was given by Robert
Bourns, President of The Law Society.
Robert gave an impassioned speech
about the importance of lawyers to the
rule of law.
The President, Alison Lobb with Top Table guests
Front row: Professor Sir Mark Hedley DL, Deputy Lieutenant of Merseyside, Mrs Alison Lobb,
The Hon Mr Justice Edis, Lady Edis, His Honour Judge Clement Goldstone QC, Honorary
Recorder of Liverpool, His Honour Judge Graham Wood QC, Designated Civil Judge for
Merseyside & Cheshire
Back row: Sheriff Jim Davies OBE DL, The High Sheriff of Merseyside
Her Honour Judge Margaret De Haas QC, Designated Family Judge for Merseyside & Cheshire
Mr Robert Bourns, President of The Law Society of England & Wales, Councillor Roz Gladden,
The Lord Mayor of Liverpool and Mr Andrew O'Byrne QC, Leader of the Northern Circuit
Brabners
Atlantic Chambers
The President's chosen charity for this
evening and for her year was The Roy
Castle Lung Cancer Foundation
Charity. Representatives from the
charity attended the Dinner and over
£1800 was raised for this excellent
cause.
After dinner the guests were invited to
dance the night away in the grand
ballroom before heading off into the
night, before heading back to the
office fresh faced in the morning!
Nina Ferris
Joint Hon Secretary
Hill Dickinson
The President with sponsors Kingsley
Morecrofts
St John’s Buildings Chambers

His Honour Judge Graham Wood QC, The Hon Mr Justice
Edis and Professor Sir Mark Hedley
Councillor Roz Gladden., The Lord Mayor of Liverpool and
Alison Lobb, President
EAD Solicitors Quinn Barrow Middletons Solicitors
The University of Liverpool and members of the MJLD
DWF
Atlantic Chambers Complete Counsel Weightmans

18 Council Report
CHARLIE JONES
Council Member’s Report
Since my last report there has
been no Council Meeting. The
next Council Meeting will be in
December, at which I will be
attending.
There is much, however, going
on. You will no doubt have seen
the reaction of the President of the
Law Society, Robert Bourns, to
the vitriolic attack upon the
Judiciary following the decision in
relation to Article 50. Quite
rightly, Robert underlined that the
existence of an independent
Judiciary is vital to the way our
country works, the rule of law,
and basic freedoms. To me, it
beggar’s belief that Politicians and
the media can seek to influence
rational decisions made upon the
law by making such a fuss. If
those Politicians or the media
moguls were locked up without
going through due process, they
would be the first to whinge, and
wouldn’t we know about it! Well
done to the Law Society for
standing up for, and reaffirming
its support for what is right.
You will no doubt all have
received a survey from the Law
Society related to the Law
Society’s ‘Value Proposition’
project, in which the Law Society
is endeavoring to assess what we
the profession want from the
Society. I understand 3,000
people completed the survey,
which in some quarters is
considered a result. I have to say
that out of approximately 160,000
solicitors, it seems a shame that
only 3,000 have actually
completed the survey. I can only
assume that many do not really
have much interest in how our
profession proceeds in the future,
which seems a pity, and amazes
me.
The debate in relation to the
governance of the Society, and in
particular Council, continues.
Council will be debating in
December (and the Council
Meeting is on 14 December),
further issues such as who should
constitute council, and you will
have seen in the last edition of
Liverpool Law Robert Bourns’
summary of what was discussed
on the last occasion. It is your
council. It is very important,
therefore, that you let current
Council Members know what
your views are. You should
receive this edition of Liverpool
Law shortly before the next
Council Meeting, so if you do
have views, I would be grateful if
you could contact me with them.
When I speak at a council meeting
I prefer to speak on behalf of
Merseyside and District rather
than myself. If you do not have
views, I will vote as I see fit,
which may not be what you want.
Talking of the independent
Judiciary I mentioned above, it
remains a fact that not enough
solicitors are rising to high office
within the Judiciary. Historically,
the Judicial roles, were, in the
main seemingly reserved for the
Bar. Solicitors, over the years,
have perhaps felt they would not
be chosen, or, in the alternative,
do not have enough time to apply.
I believe there is a very real need
for greater solicitor input into the
Judiciary. We are well equipped
to fulfil the function, often better
than members of the bar due to
our experiences in dealing with
clients direct. I would encourage
individual solicitors to consider
applying, and also encourage
firms to encourage their
employees to apply for, judicial
office. Only with encouragement
from firms, and in particular
senior and managing partners, will
we be able to address the present
imbalance.
I believe congratulations are due
to local firms for great
achievements in the awards
department on a National basis.
In no particular order, many
congratulations to the Jackson
Canter Group who won two
awards at the Law Society
Excellence Awards. The Group
won the Excellence in Pro Bono
Award. Chris Topping won
Human Rights Lawyer of the year.
This is a great achievement and
reflects well on Liverpool as a
legal centre (not least in pro bono,
a subject the big London firms
think they ‘own’!) Also
congratulations to MSB solicitors,
short listed for the Family Law
Regional Firm of the Year of the
North in the Family Law Awards,
together with others representing
Liverpool, namely Gemma Ellison
of The Jackson Canter Group, and
Tracy Winstanley of Heaney
Watson, who are short listed for
Young Solicitor of the Year and
Dispute Resolution Practitioner of
the Year respectively. Good luck
to you all.
Longevity in the law is something
to be amazed at, particularly
nowadays one might think.
However, I recently had the
pleasure, tinged with sadness, to
attend the Thanksgiving Service
for the late Lieutenant Colonel
Charles H Elston TD DL LLD at
St Hildeburgh’s Church in
Hoylake. Charles was a Partner at
Weightmans LLP (albeit well
before it was an LLP), my own
firm, and his story is quite
remarkable. He was born in 1916.
In 1936 he joined Weightmans
having been at University, and in
1939 he qualified. He then joined
the Army to fight a war. In 1942
he was captured by the Japanese
and spent three years in a
Japanese prison of war camp
building bridges and railways. In
1945 on VJ day he was released.
He returned to Liverpool. In 1946
he resumed work at Weightmans,
where he worked until 1992.
When I joined Weightmans
Charles was a Partner, soon to
become a Consultant. He was a
man who immediately inspired
awe. He was polite, courteous,
incredibly brainy, and respected
by all. Indeed, he was a co-author
of that well known mini magnus
opus, ‘A Century of Liverpool
Lawyers’.
A full obituary will appear in
Liverpool Law, hopefully in
January. Charles died age 99 at
COUNCIL MEMBER
Charlie.jones@weightmans.com
the end of the Summer, just short
of his 100 year anniversary in
December 2016. He was a great
Liverpool Lawyer. I feel
honoured and privileged to have
worked with him, learned from
him, and been present at his
Thanksgiving Service, at which
his sons John and David told us
his remarkable story.
I hope all readers are able to enjoy
a restful and happy holiday season
as the end of the year and the
beginning of a new one
approaches.
I wish Season’s Greetings to all.
As usual, if you have anything
you want to talk to me about,
please do not hesitate to make
contact.
Charlie Jones
Co Council Member Merseyside
and District
Partner, Weightmans LLP
charlie.jones@weightmans.com
01512427919.
Need an expert in medical or
dental negligence?
Refer to us. City : Allerton : Garston
0151 733 3353
www.gadllp.co.uk

19
The Law Society
The following is the report to Council Members from Catherine Dixon, Chief Executive of the
Law Society. If members require any further information or have suggestions then they
should contact Charlie Jones.
Professional survey
As Council members will know, we are conducting an important piece of work looking at the value
we deliver to our members. We asked for members’ input to help us shape our development so it
can meet their needs and those of our profession. The survey has now closed and more than 3,000
people have completed it, which is a really good result. We’ll update you further once the data has
been analysed.
Case Studies
Real-life stories make complex issues resonate with audiences unfamiliar with the law. Whether it is
a family facing homelessness in the run up to Christmas, a widow deprived of her inheritance
because of a probate dispute, a woman losing their job after becoming pregnant or the experience of
someone going through an immigration tribunal process. Hearing cases from those affected adds
weight to their issue and explains the role of the law and of solicitors at key moments in people's
lives. Through Professional Update, Social media and other routes, we are asking our members to
help us identify clients willing to speak about their experiences. Gathering stories can make the
public, decision makers and our colleagues aware of justice issues and strengthen our response the
government's consultations. We are asking members who think they have a relevant case study to
get in contact and provide as much detail as possible. Our current focus is on clinical negligence
case studies.
Criminal Advocacy training
We want to support solicitors in providing high-quality, criminal advocacy. We have therefore
collaborated with the City Law School and the Youth Justice Legal Centre to develop structured
training courses tailored for our members who practise in the criminal courts.
Media
The vitriolic reaction to the decision by High Court judges that Article 50 should be triggered by
Parliament and not by government continued to receive extensive coverage this week. Writing for
The Times' daily legal e-newsletter, 'The Brief', Robert Bourns, president of the Law Society of
England and Wales, called attention to the fact that an independent judiciary underpins Britain's
democracy and the rule of law. The Times along with City AM, Law Society Gazette, Politics
Home and Solicitors Journal reported remarks by Attorney General Jeremy Wright QC at the Law
Society defending the judiciary.
Law Society Gazette reported that the prime minister will intervene personally this month in longrunning
efforts to liberalise India’s legal services market. It also carried the story about the SRA
pressing ahead with a public warning about the involvement of solicitors in fraud schemes after
being warned by the Law Society not to "diminish the profession".
The Times carried a feature article on pro bono for National Pro Bono Week. And the Western Mail
carried a feature on the impact of employment tribunal fees on employment claims in Wales, noting
that since the introduction of the fees unfair dismissal claims are down 72%, race discrimination
cases by 58% and disability discrimination claims by 53%.
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Report to Council from the
Chief Executive
With over 60 members Atlantic Chambers is able to offer a wide
range of expertise within our specialist practice groups.
Civil Litigation including Clinical Negligence,
Family, Chancery & Commercial, Crime,
Employment, Proceeds of Crime & Public Law
4-6 Cook Street, Liverpool L2 9QU
T 0151 236 4421 F 0151 236 1559
DX: 14176 Liverpool 1.
E-mail: info@atlanticchambers.co.uk

20 Conveyancing
eConveyancing starts to take shape –
an interview with Adam Bullion, General Manager of Marketing & Product at InfoTrack
Why is changing technology
important?
It has become clear that advances in
technology, such as the advent of the
internet and the smartphone have
changed human behaviour. From our
professional lives, where we work
longer hours due to remote
technology, to the behaviour in our
personal lives, where we expect to
have access to information instantly
and be able to perform many tasks
wherever we are, whenever.
Consumer behaviour also has
changed, and ecommerce has become
king, so we no longer need to ever
leave our homes to buy goods. These
daily efficiencies are also expected by
staff, and as a business owner it is our
duty to implement the appropriate
technology to meet these changing
needs, particularly when, regardless
of technological advances, many
business processes remain stagnant.
In terms of the conveyancing
process where do you foresee the
potential for change?
I believe that the conveyancing
industry is a legal sector that is
overdue for change. Aside from
searches, many parts of the process
have already become electronic and
are hosted online, such as the
submission process for the SDLT and
AP1 forms. However, no provider has
taken advantage of this ability, until
now. At InfoTrack, we look at the
most cumbersome and form heavy
sections of conveyancing and turn
these into electronic versions that are
easier to complete and enjoyable to
use. Upon review, we identified the
contract pack as the next segment of
the process where administrative
processes can be reduced and
optimised. With this in mind, we have
created eCOS (electronic Contract of
Sale) which combats the time
consuming process of copying
information into a contract, as well as
dealing with the slow and unsecured
way in which these documents
(including the TA6 and TA10) are
handled. eCOS is a fully electronic
process that conveyancers can take
now advantage of and be seen by
their clients as truly forward thinking.
Tell us more about eCOS, what
does this do?
We created eCOS (electronic
Contract of Sale) to be a paperless
solution that gives conveyancers the
ability to compile the full contract
pack electronically, including the
TA6, TA10, contract, title and plan.
Our smart eCOS portal also allows
the contract pack to be easily sent and
received by both the conveyancer and
the client within InfoTrack, so you
can rely on it being a fast, paper-free
and completely secure process that
requires no printing scanning, posting
or faxing. These contract packs can
also be signed electronically by all
parties involved, using the latest in e-
signature technology. At InfoTrack,
our mission to build the end to end
conveyancing process online is being
enacted one process at a time, and
eCOS is the next step.
Are electronic signatures
acceptable forms of signing legal
documents?
With a growth rate of over 53%
annually, e-signatures are rapidly
being adopted in many industries and
at different levels of transactions. The
Law Society recently released a
practice note on the use of electronic
signatures in law, and with secure,
stringent measures put in to maintain
the highest level of security,
electronic signatures are highly
regarded and are an efficient way of
signing documents. The technology
we use is by DocuSign, the global
industry leader in e-signing.
Would you offer any advice to
conveyancers looking to adopt new
technology?
InfoTrack aspires to create
technology that is not only incredibly
efficient and simple to use, but also
makes day-to-day processes more
enjoyable. I believe that good
technology should be a joy to use, as
well as providing clear operational
benefit. So when adopting new
technology for your firm, I always
suggest that a series of questions are
asked; does it add value to the
customer? Does it reduce operating
costs? Is it relevant? Will it help us
excel in our core competencies? Will
it reduce cost/improve quality/provide
a set of functions that did not exist
before? Those technologies that will
be most valuable should respond
‘yes’ to all those questions.
VFS LEGAL FUNDING
RELEASING CASH FLOW
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your Cashflow?
VFS provides quick, simple and cost effective funding
solutions that release YOUR funds locked up in YOUR profit
costs and disbursements.
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.
For a no obligation discussion please call 020 3747 9333
or email enquiries@vfslegal.com or visit vfslegal.com

22 Local News
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As part of Liverpool’s ambition to become
the most active core city in the UK by
2021, free support is on offer to Liverpool
based organisations to help get their
workforce more active.
Research shows that introducing physical
activity initiatives within the workplace can
reduce absenteeism by up to 20%, in addition
to improving teamwork, communication,
morale and supporting Corporate Social
Responsibility.
Pledge your organisation’s support to the
Liverpool Active Workplaces campaign and
you’ll have access to:
- Workplace Toolkit, that will provide
information, signposting to sources of support
and practical ideas that can be implemented
within your workplace
- free places for staff on the Physical
Activity Champion training course, which
will help your employees to promote and
advocate physical activity in your workplace
- a small grants programme for you to
Sign up your organisation to the Liverpool
Active Workplaces programme
apply for funding to pilot physical activity or
sport initiatives in your workplace
a mass participation step challenge taking
place in January 2017, where employees can
set their own personalised step target to get
active (pedometers are on offer to help staff
count their steps). Employees will also
contribute their steps towards your
organisational’s total - could you become the
most active organisation in Liverpool?
The Liverpool Active Workplaces programme
is designed to be as quick and easy as
possible to implement within your
organisation. As part of signing up, you’ll
also receive help and leadership from a
designated member of the Merseyside Sports
Partnership team.
Sign your organisation up today by visiting
http://www.merseysidesport.com/liverpoola
ctiveworkplaces
For further information about this
initiative please contact Danny Woodworth
via d.woodworth@merseysidesport.com or
call 077300 28773.
The annual employment law conference
took place on 12 October 2016 and was
chaired by Emlyn Williams of Weightmans
LLP in the comfortable surroundings of
Weightmans’ Liverpool office.
Diarmuid Bunting of St Johns Buildings
opened the conference with an interesting and
detailed review of the law relating to
associative discrimination. His chambers
colleague Kevin McNerney then followed
with a very topical consideration of the
potential impact of Brexit on employment
and discrimination law, ultimately concluding
that the short term impact was unlikely to be
significant for employment lawyers.
Rachel Weddespoon of Nine St John Street
Chambers delivered a comprehensive review
of the law of whistle blowing, offering useful
references for those running and defending
such claims. The final presentation before
lunch was delivered by Julian Allsop and
Douglas Leach of Guildhall Chambers who
provided detailed guidance on pursuing and
defending employment claims in the civil
courts.
During the lunch break the delegates, who
attended from a wide range of firms and
businesses, seized the opportunity to
exchange views and experiences with each
other and the conference’s guest speakers on
recent developments in employment law and
their experiences in practice. Given the
impact of tribunal fees on the level of
employment litigation being conducted, this
was a particularly timely opportunity for
delegates to discuss the implications for their
own practices and the opportunities to
diversify.
After lunch Daniel Northall of Littleton
Chambers delivered a practical session on the
law relating to injunctions and interim relief,
giving useful tips to particularly focussed on
enforcing post-termination restrictions.
Retired Employment Judge Michael Malone
then had us all enthralled by his presentation
on faults and fixes for employment tribunal
advocates, during which he had the room
captivated by (anonymised!) tales from his
time as an Employment Judge.
The day was rounded off by Lindsey
Knowles of Kirwans Solicitors who gave us a
whistle-stop tour of recent developments in
employment law, including an update on the
online court, a review of forthcoming
legislation and a guide to the appeal cases to
watch out for in the next 12 months.
The feedback from delegates was excellent
and was unanimous in its support for
continuing to hold the conference on an
annual basis. We will start the preparatory
work now!
Nicky Benson
Chair of the Employment Committee.
Employment Law Conference

News
23
Northern Circuit Directory -
Supplement
Judge Lynch's Supplement to his Northern Circuit Directory 1876-2004 is now
available to purchase.The supplement follows the format of the original work. It
is A4 size, hardback with dust jacket and runs to 256 pages with over 500
photographs of Circuit events and individuals. The book is up to date to 1 July
2016, introducing 417 members of the Bar elected to the Circuit over the past
ten years.
It also updates original entries where there have been changes in circumstances or
more information has come to light. It also includes many lists of those concerned in
the administration of justice in the North-West such as Presidents of Law Societies,
District Judges, Coroners, Chairmen of Magistrates, Chief Probation Officers, Chief
Constables, High Sheriffs, Lords Lieutenants and Prison Governors.
All 1250 copies of the Directory have been sold and it is not an economic
proposition to print more unless there is a demand for at least 300 copies. However,
Judge Lynch has the book as a PDF on disc which he will post out free of charge to
anyone who contacts him at LynchD516@aol.com
A fund which has been set aside from the sale of the Directory means that this very
substantial supplement is available for only £10. The following chambers have
stocks of the book:
St John's Buildings, Manchester
Oriel Chambers, Liverpool
15 Winckley Square, Preston.
Anyone who wishes to have a copy posted out should email Judge Lynch. The price
is £14 including postage and packing.
The supplement has been extremely well received by the many circuiteers who have
had copies. Both volumes constitute a unique chronicle of 140 of Northern Circuit
history.
The Merseyside Christian Lawyers’ Group
wish to invite you to the
Annual Lawyers' Carol Service
at St Nicholas' Church (Liverpool Parish Church), Chapel
Street, Liverpool, L2 8TZ on Monday 19th December 2016
at 6.00pm
Preacher:
the Bishop of Birkenhead,
the Right Reverend Keith Sinclair
with accompaniment and performed music
by the
Formby Brass Band.
All those connected with the practice, administration or
study of the law, and their friends and family are most
welcome.
Drinks and mince pies afterwards in the church foyer.
Save the Date
Professionals’ Dinner
6th July 2017
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24 Letter to the Editor
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Dear Editor
I have a new Boss starting shortly and he's
caused something of a furore. There's always
high emotions when there is a change at the
top but this time especially so. The candidate
selected is an unusual choice and many are
concerned - to the point of rioting in the
streets. Personally, I think it won't be as bad as
the scare mongers suggest.
Our Bosses can come from varied backgrounds
with CV's to match. We had an actor once - I
was pretty dubious about his skill set I must
admit but the world didn't end, so we live and
learn. More recently we had the son of a
previous Boss (rarely a good idea). If ever
there was a Boss to be worried about then it
was that one. His CV wouldn't have got him a
job at your local Bank (unless his dad owned
it) and if we had an entrance exam, well, call
me an intellectual snob but I have my doubts.
And yet that one managed to get himself
reappointed.
I think the biggest challenge for the new Boss
is the comparison with his immediate
predecessor. Our outgoing Boss was a young,
handsome man full of drive and passion, who
came in on an enormous wave of hope,
breaking barriers and prejudices to take his
place in History. Of course he then had huge
expectations to live up to, not always met, but
he did a fine job nevertheless. The new Boss
almost starts from an opposite position -
therein perhaps lies an advantage, if we steer a
steady course he could do better than expected.
The defeated candidate was predicted to take
the role easily, maybe the majority of the
decision makers backing the new Boss didn't
feel they could openly shout about their
support. My own view is that the defeated
candidate was perhaps not the best person to
have been put forward for the job. Whilst a
capable woman, with a lot of relevant work
experience, her understanding of good IT
practice was poor and that's no good in this
technical age. Her husband once held the job
himself (another story!) and therefore, other
than showing that Caesar's crown can be
passed to wife as well as son or brother, I think
the advancement of the feminist cause wasn't
going to be as great as her supporters
suggested.
So against this backdrop our new Boss stands.
The criticism levelled against him ranges from
his age (about the same as the defeated
candidate but older than his popular
predecessor) and his ruthless although (some)
successful business activities. For me, about to
be working with him, I'm not concerned about
the latter. It's the politically experienced who
can be more dangerous - they use their own
lives as glossy CV's and say whatever they
think the audience wants to hear. It takes time
to discover what lies beneath. Knowing up
front what you are getting is a head start.
A bigger concern to people is the ideas that the
new Boss has. Let me say this now, they
ALWAYS start out with big and, on occasion,
mad ideas. This shouldn't be a worry. First of
all, the Boss won't be a king. Smile as they
might, even the Boss's biggest supporters will
want their backs scratching for any help they
provide. The political wrangling required will
need to be world class.
On top of this factor, mountains of paperwork,
endless meetings, queues of people wanting
just a minute with the Boss. There'll be
speeches to write and practice, domestic and
foreign trips to take, formal dinners to attend.
Throw in dealing with any natural disasters,
bumps in the economy and terrorist threats and
pursuing personal projects can become a
distant dream.
Of course where the strain of the job isn't
enough to distract a Boss from pursuing a less
palatable agenda, those of us based at HQ have
a few tried and tested techniques to assist.
Never underestimate the role of the spouse, or
the role we will encourage. The busier the
spouse is using their new found position of
influence, the more they inevitably have to
discuss with the Boss. The Boss will be
pestered to support this, or turn up at that; even
half an hour or so a day of the Boss talking to
Mrs Boss reduces risk elsewhere. Another
strategy is to identify one of a new Boss's goals
and then focus, focus, focus.
Our new Boss is apparently keen to build a
new boundary wall. The neighbours are
hopping mad (many of them use our land as a
short cut to work without our permission, the
new Boss does not like it one bit) but the wall
may well not happen, that's not the point. We
could start with design, choosing an architect
acceptable to all involved, the inevitable
reviewing of plans. Finding funds will take
some time (see above) and sacrifices
elsewhere. Then there's sourcing materials,
which lucky company will be given the
contract to supply the concrete or will we
choose more than one? Tours of many
concrete plants may well be deemed necessary
to decide. Should we use more
environmentally friendly materials? We had
better commission a study.
Yours faithfully
Yes President
Letter to the Editor
maybe a spoof Sir Humphrey??

“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

26 Regulation
Regulation Update
The latest regulation news from Michelle
Garlick of Weightmans LLP
Welcome to the last of the regulatory
updates for 2016. How time flies
when you’re having fun! It’s certainly
been a busy year with a number of
significant consultations underway on
how we are to be regulated in the
future, thematic risk projects, an
increase in cyber attacks, Brexit and
of course the election of Mr Trump!
Here is a round-up of what’s been
happening in the past month or so:
The Continuing Competence
Regime: Are you ready?
As you will be no doubt be aware,
from 1 November 2016, the CPD
regime has been replaced with a
continuing competence regime. Under
this new regime, solicitors are no
longer able to use the hours based
approach to CPD but instead must
make a declaration on their practicing
certificate application forms that they
have “reflected” and “addressed any
identified learning and development
needs.” As part of the new regime and
the SRA’s outcomes focussed
approach, the SRA is leaving it to
individual organisations and solicitors
to ensure that they have appropriate
systems in place to ensure compliance.
A survey carried out by the Solicitors
Journal concluded that more than a
quarter of the 250 respondents
questioned were not ready, or unable
to say that they were ready, for the
new regime. Firms also had the option
to opt in to the regime ahead of its go
live date on 1 November 2016, but
less than a quarter (23.6%) had
positively done so by 15 October
2016.
These are quite worrying stats and
concern has been expressed by
commentators that many firms and
individual solicitors haven’t yet
appreciated that the new regime will
take some time to understand what is
expected of them and to get used to a
new system. If you haven’t started to
address this yet, then you really need
to do so pronto!
Fraud
Last month we discussed the increased
number of reports to the SRA of law
firms being linked with potentially
fraudulent investment schemes.
Despite a caution by the Law Society
not to “diminish the profession,” the
SRA has gone ahead with a public
warning about the involvement of
solicitors in fraud schemes. The SRA
Board has approved plans to send out
warning notices concerning “get rich
quick” schemes endorsed by solicitors.
The warnings have been published
and sent to mass media publications.
Since last month, two solicitors
involved in uncertain investment
schemes have been prosecuted at the
SDT.
•Mandeep Dhariwal, of Lawcomm
Solicitors, was fined £40,000 and
ordered to pay costs of £20,000 after
acting for six different companies
offering investments in graphene,
diamonds, oil contracts and films.
Nearly £9 million was passed through
client account relating to these
investments.
• Mel Goldberg, of Mel Goldberg
Law, was struck off for a number of
breaches and ordered to pay £40,000
in costs. He was involved in a
suspected investment scam wherein he
took millions of pounds from
investors who were looking to make
money from water purification
technology and paid it to other people
without the investors’ knowledge.
Beware of what you say on Social
Media!
The solicitor who represented local
authorities at tribunals and tweeted
messages boasting about his successes
in cases involving children with
special needs has been rebuked and
ordered to pay £600 in costs. He
posted six tweets in total, one of
which reported a “great win” at a
tribunal and another which allegedly
said that the decision of the tribunal
“sent some parents into a storm.” The
reputational damage that this has
caused will I’m sure far outweigh the
sanction imposed. This really does
serve as a warning to us all to think
before we tweet!
Personal Injury market
The SRA at the end of October
published a “perception” survey on
the PI market following the changes
introduced by LASPO. This research
forms part of the SRA’s thematic risk
project on this area of law and ties in
with the visits the SRA has been
making recently to a number of PI law
firms. Some interesting, if not
particularly surprising, comments
were made in the report in relation to
solicitor competence, behaviours and
practice so if you are a PI lawyer and
are looking for some bed-time
reading, then check out the SRA’s
website or contact me for a copy.
One solicitor , who could perhaps
have done with reading the report, has
been fined £7,000 and a further
£7,000 in costs by the SDT after using
old signatures on a set of Particulars
of Claim whilst acting for the
claimants in an RTA claim. One
claimant having withdrawn their case,
the solicitor issued new proceedings
but used the old Particulars, removing
the reference to the first claimant with
Tipp-Ex and handwriting on the
statement of truth to refer to the
revised first and second claimant. It
was found that he attempted to
mislead the court and the defendant
into believing that the particulars of
claim had been signed by the
claimants when this was not the case.
It was also found that he failed to act
in the best interests of his clients.
PII
The debate about changes to the
minimum terms has been trundling on
for some time now and, as promised,
the SRA is looking at it again. We all
know that securing an indemnity
insurance policy is one of, if not the,
largest business expense for any law
firm and in a bid to tackle this, the
SRA wants to achieve minimum terms
where costs remain as low as possible
whilst also ensuring that clients have
the right level of protection in place.
Crispin Passmore, SRA Executive
Director of Policy has said: “we want
to create a more flexible way for firms
to provide adequate and appropriate
cover without spending more on
premiums than is really necessary.
That could mean lower costs for firms
and therefore lower costs for the users
of legal services.”
In order to understand the impacts of
any changes properly, the SRA has
analysed ten years of claims data
(from 2004 to 2014) and published
their analysis of the professional
indemnity insurance trends for law
firms. Having reviewed the SRA’s
findings, though, I’m struggling to
understand what it hoped to achieve or
will learn from those statistics – a
statement to the effect that “a high
proportion of claims came from a
narrow set of activities, in particular
conveyancing” is not exactly groundbreaking!
The Law Society is interrogating the
data provided by the SRA in more
detail and I will keep you updated
with any developments in regards to
any proposed changes.
Government’s Tailored Review of
the LSB and OLC
As part of the UK government’s
requirement to reform public bodies,
the Tailored Review of the Legal
Services Board and the Office for
Legal Complaints has now opened.
Individuals and organisations that
have an involvement with, or are
interested in, the LSB and/or OLC are
invited to provide their contributions
via a short survey call for evidence.
Meanwhile, the Legal Ombudsman
has also issued a call for evidence on
proposed changes to its complaints
scheme including to extend the
scheme to allow small businesses to
complain and to introduce a tiered
system of case fees depending upon
when the case is resolved instead of
the one standard fee of £400 which is
currently imposed. An option is for the
fees to range from £200 where a
complaint is informally resolved
without a preliminary decision being
issued; £450 where the complaint is
resolved before a final decision; and
£750 where the ombudsman has made
a final decision. It is anticipated that
this will put service providers off
seeking a final Ombudsman’s decision
whilst at the same time refining the
“polluter pays” principle. The oft-cited
argument that complainants should be
asked to pay a fee if they are
unsuccessful has reared its head again
as a result of these proposals but
frankly, we have to accept that this
will never happen! Having said that,
the Ombudsman is also asking for
comments on whether, and if so how,
section 133 (3) (i) of the Legal
Services Act 2007 could be
incorporated into the scheme rules to
allow the Ombudsman, when
dismissing or discontinuing frivolous
or vexatious complaints, to award
costs against the complainant in
favour of the OLC for the purpose of
providing a contribution to resources
deployed in dealing with the
complaint; if in the ombudsman’s
opinion that person acted so
unreasonably in relation to the
complaint that it is appropriate in all
the circumstances of the case to make
such an award. This could be an
interesting development if introduced,
although I do wonder how often the
Ombudsman would be inclined to
make such an award when deciding on
whether the complaint is frivolous or
vexatious?
And finally
The SRA has confirmed that it will
not be forcing firms to publish pricing
information but it is considering what
additional data about firms the SRA
should be publishing. In a discussion
paper published by the SRA,
stakeholders’ views are invited on
what regulatory data should be
published and made available to
consumers to assist them in choosing
a law firm that is right for them. At a
time when the SRA is talking about
wanting to reduce the burden of
regulation, its decision is in my view a
welcome one - It is the market, not the
regulator, which should drive the need
for firms to keep such MI and data
and many firms will I’m sure do so in
order to identify and capitalise on
opportunities for growth.
Which just leaves me to wish you all a
very Happy and risk free Christmas!
Michelle Garlick
Weightmans LLP

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28S
Merseyside JLD
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News from the MJLD
Shiverpool
MJLD members were treated to an evening of ghostly and ghoulish
delights aboard the Shiverpool Bus tour. Taking in some of the more
ghastly sites of the city centre and stopping for cameos from the jilted
bride buried alive within the grounds of the Anglican Cathedral; a
deathly spectre accused of the murder of his poor and unassuming
mother; m and an escapee of an insane asylum - the ride was as frightful
as it was entertaining!
The tour proceeded, stopping under
the dim light of the Liver Building as
the hostess expertly regaled
Liverpool’s most notorious ghostly
tales, eventually heading towards the
Philharmonic and the Georgian
Quarter. Beginning and ending at Ma
Boyles just off Water Street, guests
later took part in a ‘Guess the name
of the Killer Clown’ raffle, with the
ank you to our sponsor for the evening winner receiving Anakin a meal Seal, for two to everyone at at Ma Boyles and
the Alchemist, kindly donated by
Anakin Seal.
r for the evening Anakin Seal, T to A everyone big thank you at to Ma our sponsor Boyles forand
the evening Anakin Seal, to everyone
at Ma Boyles and most importantly a
thank you to all the brave souls those
who took part (especially during the
audience participation section…)
Liverpool Law Society Annual Dinner
T
Committee members (in their finest attire) attended the Liverpool Law
Society Annual Dinner on 10th November at the Adelphi Hotel.
The event is widely considered the most distinguished black tie event of
A big thank you to our sponsor for the evening Anakin the legal Seal, calendar, to everyone and celebrates Ma the commercial Boyles and success of the legal
T community and those who serve within it.
The MJLD can say with certainty that a great evening was had by all –
we look forward to next year’s event!
T
COMING SOON
Christmas Event – December – details to be communicated very soon!

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