Liverpool Law Feb 2017

February 2017 

Liverpool Law 

The Magazine for the legal sector 

in Merseyside and the North West 

Meet the Vice 

President of 


Society 

MJLD 

Christmas Quiz 

Lawyer in Lights 

Julia Hurlbut of 

Lees Solicitors 

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Editorial 


Needs YOU! 

Welcome 

to the February edition of Liverpool Law 

Hello Liverpool (and beyond!) and welcome to this 

edition of Liverpool Law, the first in my capacity as 

editor, a role I’m very much looking forward to. 

First and foremost can I just reiterate my thanks to 

Sylvia for all her hard work and efforts which has 

left me facing a far less daunting task than I 

anticipated! 

Over the next 12 months we will undoubtedly see 

significant developments across many areas of the 

profession, some of which may have a profound and 

lasting impact not just from the lawyers perspective 

but in terms of access to justice itself. We will do our 

best to keep you informed with any available insight 

as these proposed changes unravel. 

There is also the question of access to and the 

governance of the profession so there are some very 

interesting times ahead. 

With that in mind, we are always on the lookout for 

input and articles for the magazine, so if anyone has 

anything they feel able to offer or are well placed to 

comment upon, please do not hesitate to submit via 

the usual channels to 

editor@liverpoollawsociety.org.uk 

We will be looking to introduce one or two new 

elements to the magazine over the next few months 

and will keep you posted on developments there, but 

with that in mind, please remember that this is very 

much a magazine for you, so if anyone has any 

thoughts or ideas about what you might like to see or 

if there are any areas in which you feel improvements 

could be made, then again, please do not hesitate to 

contact us via the usual challenge. 

Amongst many interesting articles and updates, this 

month’s magazine features an interview with the 

Vice-President Nina Ferris and I am pleased to report 

that the opportunity to attend an event and take in a 

game at Fortress Prenton Park, home of Tranmere 

Rovers Football Club, has now sold out. I look 

forward to seeing some of you there on the day. 

Enjoy! 

Peter Holland 

Editor 


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All members' contributions to 

Liverpool Law are warmly 

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in Liverpool Law are those of the 

individual contributed and not 

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Society. 

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Editorial Committee 

Dates 2017 

Nugent offers a diverse range of support to adults and 

children in Merseyside through our schools, care homes, 

community and social work services and social 

enterprise. We work at the heart of some of the most 

vulnerable and disadvantaged communities. We strive 

also to generate interest, awareness and an 

understanding of the issues they face and the impact of 

this on our wider communities. 

We support on average 6,000 people each year. We are a 

major employer in the area, employing over 700 staff 

and supporting over 200 volunteers and we advocate on 

issues of justice and fairness. 

We aim to: 

Care, educate, protect and inspire those in need. 

Be an employer of choice. 

Be an advocate: A voice for the voiceless. 

We have been working alongside children and adults to 

provide meaningful help and support that enables the 

people we serve to live more active, purposeful and 

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Often the people we support are struggling with the day 

to day issues of low pay, unemployment, isolation, age, 

disability, inadequate housing, benefit reforms and 

poverty. 

You can help us help others by taking part in a charity 

event, setting a personal challenge and getting sponsors, 

or by simply donating via localgiving.org/nugentcare. 

Your contributions will enable us to continue our 

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Come and visit us at wearenugent.org, featuring details 

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Easy ways to donate: 

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06/02/2017 AT 13:00 









Deadlines 2017 

13TH FEB FOR MARCH 

20TH MARCH FOR APRIL 

13TH APRIL FOR MAY 

15TH MAY FOR JUNE 

19TH JUNE FOR JULY 

17TH JULY FOR AUG 

14TH AUG FOR SEP 

18TH SEP FOR OCT 

www.liverpoollawsociety.org.uk 

3

From the President 

President’s Mentions 

Good afternoon to you all. 

I say afternoon as I imagine you will 

be reading this edition either from 

post or online later in the day having 

dealt with more urgent 

communications. 

I am writing this on Sunday 

afternoon looking out onto my 

garden which is looking a little 

neglected at present. I read that 

January & February are the most 

depressing months for most people – 

post Christmas blues, bad weather 

and credit card debts. I take the view 

that it is the time to look forward to 

the green shoots of spring and 

thence summer and plan for better 

days. Preparation (the key to 

anything) now will result in a better 

harvest later. 

I have also been reflecting on 

methods of communication. When I 

started in the profession in 1968 

there were only 3 methods of 

communication namely i) Post 

(Royal Mail )ii) Telephone 

(landline) iii) Reception (cold calls). 

My Principal would expect the mail 

to on his desk first thing and refuse 

to take calls expecting us to field all 

calls, taking messages or making 

appointments. He didn’t deal with 

reception (hopefully new 

instructions) and again expected his 

staff to obtain and retain new clients 

and fix appointments with him. All 

very leisurely, “one job at a time, no 

interruption, all will be dealt with 

before the day is out “ 9am to 5pm 

Monday to Friday. 

Oh how different now, we are 

bombarded with e-communications, 

documents sent online, calls coming 

through all mediums and clients 

expecting immediate answers to very 

complicated questions. 24 hour 

working seven days per week. Whilst 

the post is reducing together with 

DX and the fax machine is 

redundant, we now have 

instantaneous reaction to all 

communications, an urgency which 

Fri 17th February 2017 

Tues 28th February 2017 

Sat 25th March 2107 

Thu 30 March 2017 

can result in knee-jerk reactions and 

potential mistakes or 

misunderstandings or at very least 

annoyance and frustration. We 

spend 30 minutes surfing through 

the e-mails to find those worthy of 

response before progressing to more 

meaningful work. 

However despite the changes and the 

feeling sometimes you are making 2 

steps forward and 3 back the old 

principles of preparation, considered 

contemplation and measured 

response are the keys to progress. I 

am told that there are Robot 

Lawyers being developed to take 

over from us all, best of luck I say in 

the hope that they will not be with 

us for several years yet. Although 

one colleague suggested that they 

may already exist in the civil service 

and Government, I could not 

possibly comment. “Computer says 

No” “Your call is important to us” 

I was able to attend the Christian 

Lawyers Carol Service at Liverpool 

Parish Church St Nicks just before 

Christmas, most enjoyable. I would 

thoroughly recommend you attend 

next year, the church itself is very 

beautiful and steeped in the history 

of Liverpool. Thanks to Sir Mark 

Hedley for leading the service and 

pleasing to see the Bishop of 

Birkenhead Right Revered Keith 

Sinclair. Thanks also to the Christian 

Lawyers group for arranging and 

supplying refreshments. 

We at LLS have been busy 

responding to various consultation 

papers, thanks once again to Kirsty 

McKno and her team in civil law, 

and Nicky Benson in Employment. 

There are further papers to consider 

in Crime and Clinical Negligence, 

HMCTS also want to add VAT to 

searches and SRA are wanting to deregulate 

the profession opening the 

flood gates some say to all and 

sundry to do our work. Whilst I am 

not adverse to change I always 

believe it should be considered and 

appropriate for the benefit of all and 

Diary Dates 

Legal Awards nomination deadline 

Pathways to the Legal Profession 

allow the experts (professionals) to 

do their job efficiently and 

effectively. I would ask everyone to 

look at the proposals in your 

department of law and provide the 

chairs of our sub-committees with 

your views, it is important that all 

views are considered, please engage 

and inform because it may affect 

your future way of working or 

indeed your future. 

Can I remind you all of the Legal 

Awards celebration in May, a very 

important date in the calendar. 

Nominations are required by 17th 

February and you can nominate 

yourself or your firm or any other 

firm or colleague whom you think is 

worthy. If successful there is a 

prestige which cannot be denied. We 

need lots of entries to make the 

contest more exciting – remember 

deadline 17th February. 

I am looking forward to the 

Pathways event this month where we 

engage and encourage the young 

potential lawyers giving them an 

insight into the profession and 

various ways to enter the law. 

On 30th March we have the annual 

quiz with MJLD. I am under some 

pressure to retain the trophy we have 

won for the last two years, any 

masterminds amongst you please 

contact Helix. 

The Tranmere Rovers event in 

March is sold out – “ If you snooze 

you lose” as they say down under. 

Confirmation that you must apply 

quickly for LLS occasions. 

I am very pleased to welcome Peter 

Holland as the new Editor and he 

has already settled in with this 

edition, well done Peter and he 

wants a lot of material to consider 

from everyone please. May I also 

thank Sylvia Shepherd who has 

retired after serving as editor for the 

past 3 years. I am pleased to see she 

is remaining as a committee 

member, thanks Sylvia. 

Visit to Tranmere Football Club including match 

– sold out 

Merseyside JLD vs LLS Quiz night 

I was very surprised and a little 

disappointed at the news that 

Catherine Dixon, the CEO of The 

Law Society resigned. Having met 

her on several occasions, I have 

found her a very able hardworking 

and astute person who was trying 

to modernise The Law Society. 

However, I am pleased to see the 

President, Robert Bourns, is 

dedicated to continuing the job of 

modernisation with a review of 

governance and the Council has 

agreed to a number of proposals 

which I am sure our Council 

members, Charlie Jones and Sarah 

Lapsley will be keen to mention 

and hopefully report back. 

On behalf of Liverpool Law 

Society together with our partners 

in the Joint V we have pledged our 

support to Robert Bourns in his 

efforts. 

Don’t forget you can contribute to 

the Liverpool Law and also to any 

of the sub-committees available. 

Please also keep in touch via 

Twitter/LinkedIn, I look forward 

to hearing from you. Have an 

enjoyable February. 

John Ballam 

President 

president@liverpoollawsociety.org.uk 

Sponsored by 

Like us on Facebook 

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LiverpoolLawSociety 

Follow us on Twitter 

@LpoolLawSociety 

Fri 12th May 2017 

Legal Awards Ceremony 

Photographs for Liverpool Law 

Join us on Linked In 

https://www.linkedin.com/ 

company/liverpool-law-society 

If any member has photographs of Merseyside or surrounding areas and would like them to be 

featured on future front covers of Liverpool Law, please email editor@liverpoollawsociety.org.uk.

Local News 

T 

The MJLD vs LLS quiz is back! 

w 

Save the date: Thursday 30th March 2017. 

Will LLS retain the trophy for a lucky third time or will MJLD 

K 

Pitting the minds and wits of Merseyside JLD against 

Liverpool Law Society, it is sure to be a great event. 

Will LLS retain the trophy for a lucky third time or will 

MJLD wrestle it from us? 

In distressing circumstances legal advice provides certainty and comfort. 

However for some this support is out of reach. 

Jayne’s case is just one of many where, without the support of the free 

legal advice sector, there would be no access to justice. 

Advice charities support some of the most disadvantaged and vulnerable 

people in our society; enabling them to understand their legal issues, 

access their rights and giving them the ability to regain control of their 

lives. 

Following the recession, many working families’ household incomes 

have decreased, making paid-for legal advice unattainable. As the 

number of people desperately in need of free legal help rises, funding for 

free advice services is being continuously cut. 

The lack of funding has meant some organisations have had to merge, 

stretching tight resources even further. Many have ceased to provide 

services altogether, leaving whole communities with almost no access to 

advice if they are unable to afford legal fees. 

With your help, we can change that. 

The North West Legal Support Trust (NWLST) was established to raise 

money to support the free legal advice sector. We award grants to 

charities to ensure vulnerable people can access the help and support 

they need. 

Join us for the Great Legal Bake during the week of Monday 20th – 

Friday 24th February and raise funds which protect access to advice 

for those who have nowhere else to turn. 

1. Register Liverpool Law Society. You can see the other organisations 

who have already signed up here. 

http://www.lsteventregistration.org.uk/nwlst-great-legal-bake.html 

2. We provide all the materials you need to hold a successful bake sale! 

Check out our website for posters, email footers, bunting and even price 

labels! 

3. Get baking (and eating!) Our handy top ten tips for a successful 

bake sale can be found here. 

PS: Remember, if you are... 

a legal advice agency 100% of the funds you raise 

are kept by your charity! 

a law firm or chambers you can raise 50% for your 

favourite legal advice charity and 50% for the 

NWLST by telling us which partner agency you 

want to raise for. 

The NWLST would like to thank The Law Society of England and 

Wales for helping us make this event possible, 

and The Access to Justice Foundation for their continued support. 

Keep a look out for further details nearer the time about 

teams, venue and how to sign up. 

Why choose Liverpool 

Law Society for your legal 

training needs? 

To remain compliant with SRA regulations and ensure you and 

your team are competent to practise. 

We are committed to delivering consistent high-quality courses 

presented by leading specialists with practical experience and 

excellent presentational skills. 

What our delegates say: 

'Excellent course: very helpful & relevant' 

Michael Ellis, MJP 29/11/16 

'Excellent! Great presentation regarding a very important subject' 

Paul Higgins, Higgins & Co. 18/10/16 

'Excellent value for money' 

Lee Lacey, Bartletts 06/10/16 

'I would chose Liverpool Law Society training over virtually any 

other similar events' 

Deborah Hayes, Gregsons 06/10/16 

We take great care to read every completed Evaluation Form 

following a course to assess the views of delegates and to review any 

particular requests for future course presentations. 

Remember, your suggestions and support are vital to ensure 

Liverpool Law Society can host a timely, interesting and varied legal 

training programme locally on your behalf. 

In-house Training 

Our Director of Education and Training is able to arrange tailored, 

in-house training for you. For a no obligation consultation, please 

contact Jo Downey at jo@liverpoollawsociety.org.uk or 0151 236 

6998 Ext 22. 

For the current courses on offer and full information on the Society’s 

legal training programme please see 

http://liverpoollawsociety.org.uk/legal-training 


5

Local News 

News from the Sub-Committees 

Non-Contentious Committee 

The Non Contentious Business Sub Committee met on Thursday 

15th December 2016. 

Two members of the MJLD attended to observe the meeting and to 

make a further decision about joining the Sub Committee. 

Our Guest Speaker was Mira Hammad who gave a fascinating 

presentation about monitoring and evaluation with the United 

Nations. 

Mira was involved in the evaluation of the UNICEF response to the 

Syrian refugee crisis in Jordan. Mira explained that there is no 

reason why this type of work should not be carried out by the legal 

profession. Mira spoke comprehensively about the various structures 

involved and referred to the work carried out in 2015 once the 

Syrian refugee crisis had become a tragic and protracted situation. 

The effectiveness of cash grants given by the UNICEF families 

needed to be evaluated. The evaluation process focused on 

vulnerability which was measured in various ways, including 

whether the household is led by a woman or child, the health 

situation of the family such as disability and the amount of money 

the family already have. Mira also explained that knowledge of the 

context is required. For example when there is an aid drop it can 

result in the refugees who have collected the aid being attacked and 

when cash is given to refugees landlords may increase the rent. 

The process needed to have regards to the unpredicted 

consequences. 

Mira’s talk was extremely interesting and well received and the 

discussion could have lasted all afternoon. 

There were consultation papers relating to the regulation of social 

housing and funding for supported housing which were referred to a 

member of the Committee with this special interest. 

The Conveyancing Association white paper was tabled but not 

discussed as those attending were mainly from the world of private 

client and the paper can be discussed at a later meeting to enable a 

more effective discussion to take place. 

Training conferences were discussed and matters which may be 

raised for training in the future relate to family investment 

companies, and corporate matters such as business protection. 

The next meeting will be on the 16th February 2017. 

Naomi Pinder 

Chair 

The Conveyancing Association calls for an 

overhaul of the conveyancing process 

The Conveyancing Association, the specialist UK Conveyancer 

and the trade body for the conveyancing industry launched a 

White Paper at the end of 2016 with the objective of improving 

the conveyancing process. The average time for completion of 

transaction is now estimated at between 12 and 14 weeks, 

compared to 6 - 8 weeks a decade ago. 

The White Paper ‘Modernising the Home Moving Process’ outlines 

how a future, more certain and transparent conveyancing process 

could operate and provides a comprehensive overview of the UK’s 

current home moving process, incorporating the results of the CA’s 

research and consultation with a variety of stakeholders across the 

industry, both in the UK and abroad. It reviews the solutions 

employed in other jurisdictions around the world in order to identify 

current constraints in the UK and potential solutions. 

From gathering this evidence and following discussions of potential 

solutions, the Conveyancing Association is able to postulate what 

the future might hold in terms of its vision for a data-sharing, 

collaborative, digital home moving service. However, the CA is 

quick to point out that more fundamental actions need to be taken 

now to enable such a vision of the future. 

The White Paper focuses particularly on the benefits to be gained 

from creating greater certainty far earlier in the home moving 

process. It suggests a number of ways in which this can be achieved 

including: 

- Centralising the identity verification of the parties to 

reduce the risk of fraud and money laundering. 

- Collating the Property Information and Title Information 

on the marketing of a property. 

- Requiring a legal commitment on offer to reduce 

transaction failures. 

6 www.liverpoollawsociety.org.uk 

- Requiring completion monies to be sent through the day 

before completion. 

- Amending the Commonhold & Leasehold Reform Act 

2002 to resolve the unreasonable cost and delay now 

associated with the leasehold sales process. 

- Providing a reliable lending decision-in-principle based on 

a ‘hard’ credit report without impacting on the applicant’s 

credit score. 

- Reviewing the CML Handbook to remove anomalies and 

ambiguous entries which generate post-valuation enquiries. 

Eddie Goldsmith, a Partner at Goldsmith Williams in Liverpool is 

the Chairman of the Conveyancing Association. He said “There are 

so many problems with the conveyancing process. Lawyers try and 

do their best for their clients, but the whole process is just not fit for 

purpose. Conveyancing tends to be made up of 10% legal knowledge 

and 90% communication skills and managing expectations of 

clients. 

“The Conveyancing Association is looking to collaborate with other 

stakeholders to streamline the process. We don’t expect that the 

government will suddenly introduce legislation on this, but we need 

to press for change. You very rarely hear of a happy house buyer, 

but rather dissatisfaction. Buying and selling a home is a difficult 

and stressful process at the best of times, but when delays or 

problems occur in the process, this compounds the situation.” 

Eddie Goldsmith concludes “Sadly there is no quick fix solution. We 

have looked at the conveyancing methods and processes in other 

countries - some are better than ours, others worse, but we need to 

do what we can to improve the situation for UK homebuyers.” 

To download the White Paper visit 

http://www.conveyancingassociation.org.uk/campaigns/

Interview 

Meet the Vice President 

Nina Ferris 

Born and raised in Oldham, 

Nina Ferris came to Liverpool 

to study law at Liverpool 

University and has never really 

left, apart from one year whilst 

studying for the LPC at the 

College of Law in Chester and 

a year working as a paralegal in 

Manchester. Nina joined Cuff 

Roberts as trainee in 2003 and 

recalls that she was interviewed 

for the position by Tony 

Twemlow, a past President of 

Liverpool Law Society, and it 

was a tough interview, but 

happily Nina was offered the 

position. 

Nina remained with Cuff 

Roberts until it merged with 

Halliwells in 2005, where she 

qualified as a solicitor and 

started to specialise in 

commercial litigation. Following 

the demise of Halliwells in 

2010, the Liverpool office 

moved over to Hill Dickinson, 

where she remains. Nina is now 

a Legal Director and deals with 

contentious probate, partnership 

disputes, shareholder and 

warranty disputes and general 

commercial dispute resolution. 

Nina is an affiliate member of 

STEP and works closely with 

the firm’s Private Client and 

Commercial teams. 

Nina joined the General 

Committee of Liverpool Law 

Society in 2008. She says that 

once again Tony Twemlow was 

instrumental in this. She adds 

“He coerced me into signing up 

after a few glasses of wine at the 

Annual Dinner, although I am 

glad he did. I find my 

involvement with Liverpool Law 

Society very rewarding. Being 

from a large firm it has 

broadened my perspective on the 

profession and given a better 

understanding of the issues 

facing smaller firms and 

different practice areas.” 

Nina has been the Society’s 

Public Relations Officer and 

Social Secretary, although she 

did take a short break whilst she 

had her first daughter, the first 

serving Officer to have been on 

maternity leave. Nina says that 

despite the problems facing the 

profession she is looking 

forward representing the Society 

Society organises third career in the 

law event for Year 12 students 

170 pupils and their teachers from 20 schools from across 

Merseyside will gather at Liverpool Town Hall on 28th February 

to hear about the different ways of becoming a legal professional. 

Organised by Liverpool Law Society, it is the third time the event 

has been held and is supported by a number of local universities 

and law firms. 

The Lord Mayor, Councillor Roz Gladden, will welcome the 

students to the Town Hall before handing over to Liverpool Law 

Society president John Ballam. The thanks of the Society go to all 

the organisations involved who are providing speakers, to past 

president Emlyn Williams whose brainchild this is and to the 

sponsors of the event, Slater & Gordon. 

The directors of the Society and the Merseyside JLD will be present 

at the mid-afternoon break together with representatives from the 

Chartered Institute of Legal Executives, Hill Dickinson, Liverpool 

John Moores University, Slater & Gordon, the University of Law 

and the University of Liverpool, to meet and mingle with the Year 

12 students and to answer their questions about a career in the law. 

as Vice President. She adds “As 

a Society and as a profession we 

need to stand together. We 

represent a diverse body of 

members and we need to be as 

relevant as we can. We are 

always looking for new blood to 

join our General Committee or 

Sub-Committees, and not just 

younger members of the 

profession, we are also looking 

for practitioners who have years 

of experience to offer. One of 

my aims as Vice President is to 

encourage as many solicitors as 

possible to get involved with 

Liverpool Law Society to see the 

benefits it can bring. I think I 

will be attending a lot of MJLD 

social events on a recruitment 

drive!” 

Nina is married to another 

solicitor Derek Dawson, who 

works at PCS Law. They met ten 

years ago at his then firm’s 

christmas party and now have 

two daughters, Antonia who is 4 

and 2 year old Francesca. 

Christmas also saw the arrival of 

“Baby Annabel” a doll who has 

turned out to be much harder 

work than a real baby! 

Nina enjoys playing netball, and 

plays in the Liverpool league. 

She says “We do well, and came 

second in the league last season. 

I can’t give it up even though 

I’m starting to get to the stage 

where I can’t keep up!” 

Julia Baskerville 

 

 

 

 

 

 

 

 

 

 

 

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On 23rd November 2016, Joint 

Hon. Sec. Julie O’Hare and I 

travelled to Bristol for the final 

Joint V meeting of 2016. 

As always, it was great to meet 

up with our colleagues from the 

Local Law Societies of 

Manchester, Leeds, and 

Birmingham, as well as Bristol 

themselves, and to have a tour of 

the impressive new premises that 

Bristol Law Society had only 

just moved into. A packed 

agenda for the meeting included 

the usual activity reports from 

each society, with a run down of 

the training, social events and 

representational actions each 

society had undertaken since the 

last meeting. There followed 

lengthy discussions about 

income streams for local 

societies, new initiatives and 

opportunities, and issues around 

sponsorship and member 

communication. 

In the afternoon we discussed at 

some length the various 

consultations which were at 

Joint V Report 

various stages of progression, 

and, in particular, significant 

time was taken in considering 

the Joint V’s response to the 

Personal Injury Reforms 

consultation paper; and the 

work which Liverpool and 

Manchester were already 

undertaking with Capital 

Economics in terms of data 

collection and member 

engagement. The other societies 

pledged to motivate their 

members in respect of this issue 

and we agreed to share whatever 

information necessary to assist. 

Further conversations included 

information about The Law 

Society’s pro-bono charter and 

the work which had lead up to 

that, and relationships and 

communications with The Law 

Society generally, before we 

were joined by the Deputy Vice 

President, Christina Blacklaws, 

who was able to update us on 

numerous issues from the view 

point of Chancery Lane. These 

included: Brexit, the governance 

review, SRA Handbook 

consultation, training and the 

proposed Solicitors’ Qualifying 

Examination, the Advice 

Deserts Campaign, and 

representations which were 

being made on issues such as 

advocacy and fixed fees. We 

were pleased to hear from 

Christina as to the value that 

she, and her fellow officer 

holders, identified in the input of 

the Joint V societies and the 

importance the national body 

placed on maintaining that 

strong relationship. 

At the end of a hard working 

day we were delighted to be 

invited as guests to a drinks 

reception hosted by Bristol Law 

Society President John Moriarty, 

on the evening of his last day in 

office. John as many may know, 

had completed one term as 

President some years ago, but 

had been tempted back to help 

BLS through a difficult time. 

However there was no doubt 

that, having finally secured their 

new premises he was now firmly 

resolved to be on his way! We 

had a lively evening with BLS 

members and sponsors, and 

were able to toast John into 

well-earned retirement, and 

congratulate his successor, 

Becky Moyce, who was taking 

office the next day. 

The next Joint V meeting will 

take place in Manchester this 

month, and a report will follow. 

As always, if members have any 

issues which they think should 

be shared for discussion 

amongst our fellow large local 

law societies, they should get in 

touch. 

Alison Lobb 

Immediate Past President. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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-

Interview 

Lawyer in Lights 

Julia Hurlbut of Lees Solicitors 

It is that time of year again, the Chambers 

and Partners awards! I am privileged to do 

this month’s Lawyer in Lights article on 

one of this year’s winners, who I also have 

the good fortune of working with closely 

in my own role. 

Both Julia Hurlbut and Lees Solicitors 

were recently awarded Band 1 for 

Claimant Clinical Negligence work in 

Liverpool and surrounding areas in the 

Chambers and Partners guide 2017. This 

is a prestigious award which highlights 

Julia and the team’s hard work, dedication 

and passion to a complex, evolving and 

challenging area of law. 

So what lead Julia to this accolade? I got 

chance to find out a bit more…. 

Julia qualified as a Legal Executive in 1997 

and joined Lees in 1999, qualifying as a 

Solicitor in 2008. She has specialised in 

clinical negligence for more than 20 years. 

Julia is the head of the clinical negligence 

department of Lees Solicitors, part of the 

Jackson Canter group. 

The department comprises of 3 legal teams, 

a medical team and an administrative team. 

The team at Lees are specialists in clinical 

negligence and are absolutely dedicated to 

this practice area and gain great satisfaction 

from excellent client care. 

For the past decade, Julia’s particular 

specialism has been in high value complex 

claims involving brain injury at birth. 

During the course of her career, she has 

settled a wide range of cases and has seen a 

few trials, including one which went to the 

Court of Appeal and has been reported 

since (clarifying the law on causation): 

Gouldsmith –v- Mid Staffordshire General 

Hospital NHS Trust 2007. 

Julia’s passion is further emboldened by her 

memberships with The Charity for Patient 

Safety and Justice (AvMA) and The 

Association for Personal Injury Lawyers 

(APIL). She is also a committee member of 

Merseyside Medico Legal Society (MMLS). 

When asked why Julia does this area of law, 

her response is simply that she feels 

passionate about seeking justice for her 

clients and in doing so going some way to 

improve the quality of life of her clients and 

also their families. 

I would like to say, on a personal note, that 

Julia is a genuine talent and for anyone 

who is lucky enough to work with, or even 

against her, it is impossible not to be 

impressed which is likely the contributing 

factor leading to her recognition. 

Danielle Carter 

Lees Solicitors 

Both Julia Hurlbut and Lees 

Solicitors were recently awarded 

Band 1 for Claimant Clinical 

Negligence work in Liverpool 

and surrounding areas in the 

Chambers and Partners guide 

2017. This is a prestigious 

award which highlights Julia and 

the team’s hard work, 

dedication and passion to a 

complex, evolving and 

challenging area of law. 

 

 

 

 

 

 

 

 

 

 

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9

Movers & Shakers 

Trainee lawyer joins Forresters as 

Liverpool office looks to region for growth 

Intellectual Property specialist 

Forresters has grown its 

Liverpool office with the 

appointment of Emily Brunton 

as trainee patent attorney. 

Emily, 22, will work alongside 

head of office Ross Walker as she 

trains to qualify as both a UK 

and EU patent attorney. 

Emily, who graduated from 

Lancaster University with an 

integrated masters in physics, will 

undergo at least five years of onthe-job 

learning and law exams. 

She said: “I have always had a 

passion for finding out how 

things work and the science 

behind technologies and new 

inventions. This role combines 

science and law, supporting 

inventors and innovators to get 

their products to the market. 

“Forresters is clearly an 

ambitious company which is 

committed to skills and training – 

I am learning from working 

directly with clients and have a 

strong support network 

throughout the office.” 

The company is also celebrating 

a number of recent achievements, 

including being ranked as a ‘Top 

Five’ British filer for EU trade 

marks and a recommendation for 

Liverpool-based senior associate 

and trade mark attorney Kate 

Cruse in the prestigious Legal 

500. 

Ross Walker, partner and head of 

Liverpool office, said: “At 

Forresters we understand the 

importance of recruiting talented 

young lawyers and trainees to 

support our long-term ambitions. 

Emily is a great fit for us, with a 

strong STEM background and 

attributes such as ambition, 

curiosity and diligence. 

“As an office we work with 

clients worldwide, but are 

making a specific effort to grow 

our Merseyside client base and to 

understand the needs of 

entrepreneurs and innovators 

within the region. 

“Liverpool has a number of 

burgeoning sectors, such as life 

sciences, tech and digital. 

Understanding intellectual 

property is key for businesses 

who want to target both domestic 

and European markets and stay 

ahead of the competition.” 

Forresters moved its Liverpool 

operations to the Port of 

Liverpool building in 2013. 

Joanne Raisbeck promoted to 

lead Family Law 

International law firm Hill 

Dickinson has promoted Joanne 

Raisbeck to head up its Family 

Law team. 

Joanne, who joined Hill 

Dickinson from Pannone in 2013, 

takes the helm as part of a restructure 

which will ensure the 

future growth and development of 

the team. 

Joanne takes over from Tricia 

Cottrell who remains in a pivotal 

role within the team which is 

based at the firm’s HQ in 

Liverpool. Sarah McCarthy, who 

joined the team in June this year, 

remains in her position as 

Chartered Legal Executive. 

Commenting on her promotion 

Joanne said: “The family law 

team has a reputation for 

delivering excellence through its 

expertise and our business has 

grown considerably in the last 

year. We deal mainly with high 

net worth clients across the north 

west and nationally.” 

“We have re-shaped the team to 

ensure we are best able to serve 

all of these markets and are 

looking forward to another 

extremely successful year ahead.” 

In the recently published 2017 

edition, the Chambers directory 

named Joanne as ‘Associate to 

Watch’, she was also one of only 

six ranked Family Lawyers in 

Liverpool and the surrounding 

region and the team has achieved 

a Band 1 ranking in Chambers. 

Hill Dickinson’s Managing 

Director Peter Jackson said: 

“Joanne has a solid reputation as 

being one of the country’s 

leading family lawyers and brings 

leadership and inspiration to the 

lead role. We are delighted that 

she has secured this promotion 

and she will now take this 

dynamic team forward to achieve 

even greater growth in 2017.” 

Hill Dickinson’s Family Law 

team provides advice on all areas 

of Family Law and has extensive 

experience in handling complex 

and high value matrimonial 

disputes, prenuptial agreements, 

internal and external relocations 

and other private children law 

matters. Clients include company 

directors, entrepreneurs, 

professionals in the property, 

legal and financial sectors, and 

entertainment and sports 

personalities. 

Joanne’s appointment comes after 

the firm reported an excellent 

performance and impressive 

growth across its Business 

Services Group (BSG). 

Need an expert in medical or 

dental negligence? 

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Wills Feature 

Gifts of Kindness 

My darling parents belonged to the 

Wartime Generation, they were quite 

middle aged when I was born in 1963 so I 

think more on these matters than many 

people of my own age. 

I think about the babies born into the 

Germany of the 1920s who grew up in the 

febrile atmosphere of Nazi indoctrination, 

defeat and humiliation following the First 

War and the rise of Hitler. Those people 

would know no different, there was no real 

opposition or debate and the apparent 

advantages of social order and full 

employment have clear attractions unless of 

course you were Jewish or gay or disabled… 

Heinrich Steinmeyer was born in 1924 in 

Germany, a place where Fascist ideas were 

lauded and racial superiority was treated as 

a self-evident truth. The Final Solution was 

yet to come. 

I ask myself how he could have been able to 

question the apparent morality of the 

society which shaped him as a child and 

youth. The wall to wall propaganda turning 

lies into truths. That’s the trouble with 

relative morality rather than absolute values 

of right and wrong which nowadays can be 

regarded as inflexible and even judgemental. 

Heinrich became a butcher and joined the 

Waffen SS at the age of 17 years. In August 

1944 he was captured in France by the 

Allied and taken to the newly opened Camp 

21 in Cultybraggen near Comrie in Western 

Perthshire, it was a camp for the most 

fanatical and extreme Nazis. 

Heinrich was saved by Scottish soldiers on 

three occasions during the journey to 

Cultybraggen, once from a group of angry 

French women and twice from Poles who 

had fought with the Allies. He remembered 

these events. During his time at the Camp, 

he was treated with unexpected kindness 

from the inhabitants of Comrie and in 

particular from visits from children to the 

perimeter fence. 

I think about these acts of kindness. Grace 

is a Biblical concept and it means the 

undeserved gift of love, forgiveness and 

redemption offered to everybody who 

accepts Jesus as his or her Lord. Grace is a 

gift beyond compare. 

Jesus tells us to love the enemy. There are 

lots of examples in the Bible to illustrate 

this point. Jesus healed the servant of the 

Roman centurion. The Good Samaritan 

healed the Jew, when the Jewish 

establishment had walked by on the other 

side. In the Garden of Gethsemane, one of 

the disciples cut off the ear of one of the 

High Priest’s servant who belonged to the 

group which had come to arrest Jesus. The 

disciple had thought that he was protecting 

and standing up for Jesus but Jesus sees the 

world thorough His prism of love and 

healed the servant. 

Heinrich was Enemy Number One, he 

wasn’t just a German foot soldier, he was 

Waffen SS. The Scottish soldiers knew this 

from his uniform and three times they saved 

his life from the understandable anger of the 

occupied, humiliated and defeated French 

and Poles. 

Jesus teaches us that anger is a sin because 

it can lead to catastrophe. War brutalises 

people, I think about the effect of 

remorseless bombardment on the human 

condition, I cannot imagine the sheer 

horrors of war … the sight of mutilated 

bodies and the unmitigated suffering. The 

Scottish soldiers saved Heinrich and they 

also saved the people who would have killed 

Heinrich if they had been given half a 

chance. 

After the War, Heinrich stayed in Comrie 

until 1970 when he returned to Germany to 

look after his elderly widowed mother. 

Heinrich never forgot the unexpected gift of 

kindness he had received, an undeserved 

free gift given to the wicked enemy 

responsible en mass for the unimaginable 

cruelty and inhumanity of the Final 

Solution. He recognised this gift both during 

his lifetime and in his Will in which he left 

£384,000 for the benefit of older people in 

Comrie for projects decided by the older 

people themselves. 

Heinrich had a thankful heart and again this 

is a Biblical concept. I am truly thankful for 

all that I have and I love the Parable of the 

ten lepers healed by Jesus. After Jesus had 

healed them, only one said thank you and 

he was the despised Samaritan… the enemy 

of the Jews. 

Heinrich died in 2014 and Probate clearly 

takes a long time to resolve in Germany as 

well as in England, the money is now in the 

process of being transferred to the Heinrich 

Steinmeyer Legacy Trust which will be 

administered by the Comrie Development 

Trust. 

I hope that the money can be used sooner 

rather than later so that some of the older 

people who as children showed kindness to 

the young Heinrich in 1944-5, are still alive 

to benefit. 

This story is clearly of great interest to me, 

as it combines my faith with my vocation. 

Naomi Pinder 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


13

Feature 

Part time practice 

Sara Shutler’s article Part time 

Lawyer: an impossible struggle 

or worth the juggle? (January) 

was excellent and raised very 

important issues for both young 

solicitors and those employing 

them. My own experience may 

be of some interest. 

I was admitted in 1988 which 

seems like a different and distant 

time. I was married while still in 

my Articles and I recall Mr 

Registrar Peters asking if I 

intended to qualify as a solicitor 

or be a housewife. I’m pleased to 

confirm that I qualified! 

My first job was in full time 

general practice in Stockport and 

I was also a correspondence 

tutor for Ilex. I had a baby 

within two years and stopped 

practice but continued with the 

tutoring. After about twelve 

months I got a part time locum 

job for Jack Thornley in Ashton 

Under Lyne doing family and 

matrimonial for three days a 

week. This was for thirteen 

months and covered maternity 

leave. 

Guess what.. I had another 

baby! It must have been 

something about Ashton under 

Lyne, if you’re not familiar with 

this location, it is a windy and 

cold Lancashire mill town. I 

had continued with the 

correspondence work and was 

also teaching land law at 

Manchester Poly, part time one 

evening a week. 

In 1992 we moved to Liverpool 

and I dropped the teaching 

work. Within a month I had 

started working at Merseyside 

Welfare Rights and Resource 

Centre in the Trade Union 

building on Hardman Street. 

Happy days, it was part time 

and we really were hands on 

helping people who had 

nothing. I was the first solicitor 

and the policies were child 

friendly . 

I left to have one year at home 

before Danny started school, 

priceless. Time with children 

can never be repeated and once 

it has gone, it really has gone 

forever. 

In Sept 1997 a certain friend 

Robin Makin phoned me and 

asked me to work for him 

covering maternity leave doing 

wills and probate. It was 

supposed to be twelve months , 

part time but the rest is history 

and I’m still doing private client. 

Rex Makin was an excellent 

employer and my hours were 

very flexible. It was based on 

trust and the work was always 

done properly. I was there for 

fourteen years. 

Since 2011 I’ve worked at 

Jackson Canter full time. I think 

that law and legal practice has 

become more complex since 

1988 and senior solicitors are 

also expected to do a lot more 

than practise law. 

I hope my shared experience is 

of value particularly to young 

lawyers who face a more 

difficult entry to becoming a 

solicitor than my generation, 

with debt and shortage of 

training contracts. I would like 

to encourage everyone and it 

really is all worth it. 

Naomi Pinder 

Quality Solicitors 

Jackson & Canter 

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Feature 

Tailored Regulation from a Specialist 

The Council for Licensed Conveyancers (CLC) was established 

in 1985 to foster competition and innovation in the conveyancing 

market. 

The CLC has always looked to be a proactive regulator in 

anticipating and monitoring the issues that affect the licensed 

conveyancing community. We work closely with all our licence 

holders and we listen to what they say, helping them to achieve the 

right outcomes for consumers. We know our business extremely 

well, and we know the market too. 

Today, we are still helping legal businesses to thrive by finding new 

ways to meet changing customer expectation. Our approach is to 

support firms to achieve compliance and to accommodate different 

ways of working where we can. In 2016 we were awarded the 

highest overall rating of any legal services regulator by the Legal 

Services Board. 

Our experience as a specialist regulator of conveyancing and 

probate allows us to tailor our regulation to those areas of property 

law. There has also been no need for an accreditation scheme for 

CLC-regulated firms or lawyers, thanks to their specialisation and 

the effectiveness of tailored regulation by the CLC. 

In a recent survey, three quarters of licensed conveyancers stated 

that the CLC provides value for money and supports them in 

developing their businesses. From 1st November 2016 the CLC 

reduced its regulatory fees rates for Practices by 20%. 

Our history, approach and experience may explain why CLC 

regulated firms have grown to enjoy a market share of transactions 

that is far greater than their numbers would suggest. For example, 

while CLC firms make up just 4.4% of Land Registry account 

customers, they generate more than 10% of transactions by value. 

CLC regulated firms also account for 25% of the transactions 

carried out by the top 100 conveyancing firms by volume. 

The CLC regulates thriving firms of all types and sizes, and has 

always looked to promote high regulatory standards. Each CLC 

Practice is allocated a Regulatory Supervision Manager (RSM) 

whose role is to guide them in all regulatory and compliance 

issues. 

If you are thinking of becoming a CLC regulated Practice then 

please visit: 

http://www.Clc-uk.org/newfirms or, should you wish to 

outline your Practice’s requirements, whatever your business 

model, then we will be more than happy to meet with you, or to 

discuss your proposals over the telephone. For an initial contact 

please email licensing@clc-uk.org 

To find out more about CLC regulation then please visit 

http://www.conveyancer.org.uk/Regulation-by-CLC.aspx 

where you will find more helpful information, including how to 

qualify as a CLC Lawyer: 

http://www.conveyancer.org.uk/trainee-lawyer.aspx. 

TAILORED 

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15

Council Member’s Report 

Council Member’s Report 

The latest news from Charlie Jones, Council Member for Merseyside 

Although we are now well into 

the New Year (only 11 months to 

go!) I wish everybody a Happy 

New Year and I hope that you all 

had an excellent break. 

Remember the name Sir David 

Cecil Clementi? I have mentioned 

him in various and many articles. 

The eagle eyed amongst you will 

note that he is again on the radar. 

He is the newly appointed BBC 

Chair. It is interesting that with 

his past efforts on legal service in 

mind, he is respectfully 

encouraged by Obiter in the Law 

Society Gazette to heed the words 

of his illustrious BBC predecessor, 

Lord Reith: “He who prides 

himself on giving what he thinks 

the public wants is often creating a 

fictitious demand for low 

standards which he will then 

satisfy”. Could the Legal Services 

Act, the brainchild of Sir David, 

be reflected those words? 

In Chancery Lane, the big talking 

point is of course the resignation 

of the CEO, Catherine Dixon. In 

my view, this is big news, sad news 

and bad news, and it is very 

disappointing to be losing 

Catherine after just two years, 

with so much done in those two 

years and so much going on, and 

so much to do. Catherine has 

achieved a massive amount and I 

for one was looking forward to 

working with her as a Council 

Member, for the benefit of the 

profession over the coming years. 

Lawyers are not easily pleased, 

and I am sure that Catherine 

experienced much frustration in 

the role but that is hardly 

surprising. Lawyers will be ….. 

lawyers! Much had been achieved 

in strategy, relationships with 

stakeholders, relationships with 

Government, media presence, 

member engagement, influencing 

those in government, taking the 

decision to dispense with Veyo, 

achieving something out of the 

Global Summit, the massive Law 

Society IT investment we have 

committed to on the strength of 

Catherine’s team being there to 

deliver, the Value Proposition 

investigation, and many other 

aspects. 

The Governance of the Law 

Society and in particular Council 

is under critical review, and will 

change, but you are never going to 

change that overnight. President 

Bourns is adamant there will be 

change. Surely it is better to get 

the change right over a slightly 

longer period of time than get the 

change wrong overnight. So I 

think it is a shame that we are 

losing Catherine, with her 

undoubted ability, at this key 

time. Nevertheless, I am sure you 

will all join me in thanking 

Catherine for her hard work in her 

short time with us, and wish her 

all the very best in her new 

position in Yorkshire, as CEO of a 

College. I am sure that College 

folk will be easier to deal with 

than lawyers; it is difficult to 

imagine them being harder! 

I am also sure you will join me in 

wishing Robert Bourns, our 

President, and Joe Egan and 

Christina Blacklaws every fortune 

in engaging with the appointment 

of a successor, and keeping the 

ship on an even keel, and seeing 

through the much needed 

governance changes 

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 

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In other matters, many of you will 

have no doubt seen the Society put 

in a very robust and well argued 

response to the STIC and the 

SCC. It remains to be seen what 

the government decides upon. 

Lord Reith’s comments above 

should again be noted. My 

experience in litigation at the 

courts currently is that so much 

money is trying to be saved that in 

fact there is a reverse effect and 

more money is been expended: by 

robbing Peter, we pay Paul (much 

MORE than we robbed from 

Peter). We are also in discussions 

for the fixed costs review by 

Jackson LJ. Many discussions 

have taken place. What is 

apparent, is that many in the 

decision making process fail to 

realise that an overall imposition 

of fixed costs in the manner 

envisaged by Jackson LJ simply 

plays into the hands of large 

organisations. Such cost cutting 

simply does not assist access to 

justice. 

The Law Society Excellence 

Awards will be taking place later 

this year. I would encourage you 

all to get involved. What are your 

views with regard to the Law 

Society Excellence Awards? How 

could they be improved? Please 

let me know. We are discussing 

this in Membership Board on an 

ongoing basis but we need your 

views. 

The Presidents & Secretaries 

Conference will take place in May 

on the afternoon of Friday 5th 

and the morning of Saturday 6th. 

It will be at Chancery Lane. It is 

a good event and an engaging 

programme has been put together. 

I encourage you all to attend. 

As a matter of interest, I would be 

very interested to know how many 

of you are aware of the Solicitors’ 

Assistance Scheme? This is a 

scheme offered as a service to 

members of the profession. It 

gives initial free advice to solicitors 

facing a range of legal and 

practicing difficulties. Sometimes 

panel members call on Law Care 

and the SBA if appropriate. There 

is an AGM for the SAS. I would 

be interested to know if people are 

aware of this facility? Members of 

the Law Society are anxious to 

work closely with the SAS. 

What is your view on the super 

exam? The SRA plans seem to be 

facing some further opposition. 

Recently, the City of London Law 

Society and the South London 

Law Society criticised the 

proposals claiming they could 

lower the standard of entrance 

into the profession and damage 

our reputation. Of course, costs 

would be saved; is that a reason to 

initiate a product which is 

arguably not fit for purpose? I 

believe Professor Andrea Nolan, 

Vice Chancellor and Chief 

Executive of the University of 

Law said “We disagree that the 

proposed SQE will be a robust 

and effective measure of 

confidence”. 

There are many issues that will 

face us in the coming months. 

The management of substantial IT 

investment in the Law Society in 

the absence of Catherine, 

Governance, Regulation, Entry to 

the Profession, Brexit, assessing 

the results of the Value 

Proposition, to name but a few. 

There is a lot of hard work to be 

done. If you have views, please 

do not hesitate to contact me to 

discuss them, sound me out, or 

give me a piece of your mind!. 

Charlie Jones : Weightmans LLP 

Co Council Member Merseyside 

and District 

10152427919 

charlie.jones@weightmans.com

The Law Society 

Update from Robert Bourns 

I am grateful to Liverpool Law for inviting me 

to contribute to this edition. I am also grateful 

to Council colleagues, fellow Office Holders 

and Board members, as well as the very 

committed, hard working and level headed 

staff within the Law Society, who are 

demonstrating that current work is and will 

continue to be delivered, promoting the 

Profession and dealing with a host of policy 

issues. 

CEO: 

So far as arrangements with the CEO are 

concerned, Catherine’s last day in the office 

will be Friday 3 February. She will then be 

available to assist the Society with information 

until the end of March. 

In the meantime, arrangements are underway 

for the appointment of an interim CEO and I 

will update you on this in due course. For the 

longer term, the appointment of a permanent 

successor is in hand and we have identified 

recruitment consultants and a panel to 

undertake the selection process. 

Governance Review: 

The review of Law Society governance 

continues. 

We have appointed the Good Governance 

Institute (GGI) to facilitate this process. They 

were able to join the review group at its second 

meeting last week. The discussion at that 

meeting was extremely useful and I am 

particularly grateful for the contribution and 

support of Liverpool Law Society at this 

meeting, as a member of the Joint V. 

GGI will lead a period of consultation with 

Council, before working up options for 

consideration and for a likely wider 

consultation. We want a Society that is 

confident that it speaks for our dynamic 

profession. To do this, it must be 

representative of, and connected to, the 

Profession. 

I hope all will see a determination to ensure 

that this is a thorough consultation, enabling 

Council as a whole, with members engaged, to 

determine how we proceed. 

GGI are well aware, and indeed recognise, that 

the mechanics of governance, however good, 

bad or indifferent, will work if the "dynamics" 

(culture, behaviours, etiquette, common 

purpose, leadership) are aligned. The 

consultation will include these aspects and, of 

course, look at the relationship between 

Council, our members and the Executive. 

Other engagement: 

During the past week, I have been able to meet 

with the Attorney General, Solicitor General, 

Lord Chancellor, the Lord Chief Justice (who 

has concerns that include but run well beyond 

the Society), the CEO of City UK, colleagues 

from Scotland as well as practitioners engaged 

with PI and criminal defence work and a 

number of firms. I have also been able to meet 

with a number of in house teams and the DPP. 

Last Thursday I shared a panel at the LSE, 

with Paul Philip and others, discussing the 

CMA report. That session demonstrated the 

extent to which the SRA seeks to promote 

competition as an answer to access to justice. 

The promotion of competition and the cutting 

of cost (to remove "gold plating inherited" 

from the Law Society) are constant themes. It 

was the CMA and the Professor of 

Competition on the panel who joined with me 

in questioning the extent of "unmet need" and 

expressing concern for the "consumers" of 

legal services, who are unaware of the 

differences between regulated and unregulated 

providers or the remedies these might provide. 

The SRA made it clear that they will return to 

MTC for PII, so that, their example, insurance 

won't pay out where the "solicitor has lied" on 

the proposal. We need to be very sure that all 

understand that you will generally only reduce 

cost if you reduce claims or reduce the extent 

of the cover. I challenged Paul to identify the 

"consumers" who suffered loss and should be 

denied indemnity. 

Again, the "benefits" of solicitors working in 

unregulated entities were described. Members 

of the LSE audience were unconvinced. 

Beyond all that, the good work of committees 

and policy teams at the Law Society carry on, 

looking at Jackson, Briggs, HMCTS reform 

and the broader access to justice. 

The value of the work of the Profession in the 

administration of justice is something I 

continue to bang on about. It is important that 

we do not allow others to overlook the 

millions of client "engagements" and our role 

in resolving disputes and enabling 

transactions. 

On criminal defence rates, we need to ensure 

that an argument that costs/case have 

increased, and therefore "justify" thought of 

"reinstatement" of the 8.75% cut in April, is 

entirely fallacious. Given the 10% increase to 

senior members of the Bar proposed by 

alteration of AGFS rates, it would also be an 

outrage. Discussion with practitioners and the 

DPP confirm that while numbers of cases are 

down, the seriousness of those cases (historic 

sex abuse, current grooming and serious fraud 

- one practitioner said "we are exhausted by 

historic sex") mean that the cases are 

inevitably more complicated and do and 

should cost more. 

On the impact of such a changed and really 

difficult case load, there is concern for the 

welfare of practitioners. We need to keep that 

in mind. Meetings with Law Care and the 

SBA confirm that there is a problem. 

In short, there is much to be done and the 

Society is doing it. Resources are finite and 

many colleagues are giving their time and 

members of staff are working exceedingly 

hard. 

In the context of Brexit, it seems that the 

Government now understands the huge value 

of our criminal and civil justice system. We 

need to ensure that our role is clearly 

understood – intrinsic to the integrity of the 

justice system; something of which we should 

be proud and must not allow others to take for 

granted. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


17

Property Feature 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Spanish mortgages – 

Latest news. 

Following our previous article about mortgages in Spain. 

The CJEU resolution (21th of December 2016) allows 

consumers to claim their money back retrospectively 

from Spanish Banks 

As we explained in our previous article, The 

Court of Justice of the European Union 

(CJEU) was recently asked to decide about 

an important case for Spanish consumers as 

well as for Spanish Banks. The final 

decision has now been issued and this is 

good news for those individuals who got a 

Spanish mortgage but not for the banks. 

Some of you will recall that some Spanish 

mortgages signed in the last 15 years 

contained a clause that Spanish Courts 

recently declared null and void because of 

the “lack of transparency” and “the failure 

to inform customers adequately” when they 

signed the mortgage deed. These clauses are 

known as a “cláusula suelo” which means 

that they are subject to a minimum monthly 

payment even if the interest rate, which 

usually has a variable rate linked to the 

Euribor, is negative. 

If you bought a Property in Spain during 

the property bubble (2000 to 2008) you were 

probably paying the appropriate interest. 

However, the interest rates were quite low 

after the recession and those who had a 

"clausula suelo" on their mortgages have 

been paying an unfair and excessive interest 

on their mortgages which they can probably 

claim back. 

The consumer’s action group (Adicae) 

started in 2013, on behalf of 15.000 

mortgage holders, a claim against banks 

claiming for the nullity of the “cláusulas 

suelo”, after these had been declared 

“abusives” by the Spanish Supreme Court 

but with a retrospectivity to May 2013. This 

was clearly unfair. If a clause in a mortgage 

was considered abusive then the consumer’s 

right to claim should not be capped to May 

2013. It should be retrospective to the date 

in which the mortgage deed was signed. 

The said action group went to Luxembourg 

asking for the backdating to the date that 

the mortgage was signed and the CJEU has 

today decided that Spanish Banks have the 

obligation to refund unlawful interest from 

the very beginning: backdated to the date 

the mortgage was signed (instead of May 

2013). 

This means that Spanish banks have to pay 

consumers around €4.000.000.000. 

Goldman Sachs says that BBVA will be the 

Spanish Bank with a higher debt in front of 

consumers with €1.815.000.000; CaixaBank 

(La Caixa) with €750.000.000; following 

them: Banco Popular and Bankia with 

€160.000.000. These are the main banks but 

there are around 40 more banks involved. 

Obviously, there are some exceptions 

depending on the mortgage holder’s profiles 

or depending on the specific circumstances 

of each case, but what is clear is that if you 

or your clients signed a mortgage in Spain 

during the property bubble years you or 

them could have the right to claim some 

money back. 

In the following months, Spanish Banks will 

probably try to sign transactional 

agreements with consumers. We strongly 

recommend to contact a Spanish Lawyer for 

advice to 1) analyse your mortgage in detail 

and inform you if contains a “cláusula 

suelo” and 2) see if you have the right to 

ask for a refund when that Decision takes 

place and last but not least 3) to deal with 

your Bank to ask for the refund or to 

negotiate with it. 

Claudia Font & 

Antonio Guillen 

Spanish lawyers at 

gunnercookellp 

E-mail: claudia.font@gunnercooke.com 

D: 07788585115 

T: 03330 143 401

“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

Charity and CSR 

Charity and CSR Matters 

Hello! This month, I bring you some 

exciting opportunities to get involved 

in fundraising for local charities, an 

interesting article on how firms can 

help strengthen credit unions and 

news of various charitable acts by 

local firms. If you would like to tell 

others about your CSR activities, 

please send me an article. Equally, if 

you want to get other lawyers involved 

in offering pro-bono advice, know of 

an opening for a charity Trustee or 

want us to feature a particular charity, 

then let me know too. You can e-mail 

me at 

matthew.smith@weightmans.com 

Strenghtening local credit unions: 

Creating financially resilient communities 

Julia Webster of the Just Finance Network writes about how 

law firms can help their staff save whilst strengthening credit 

unions, allowing them to grow and help more people in our 

local communities. 

Employers can play a big part in helping to create financial 

resilience within their workforce, community and 

exponentially their local economy. They say charity begins 

at home and perhaps the same should be said for 

encouraging good financial habits. One of the more 

shocking statistics of recent years is the fact that one in five 

people have no savings at all, and even more people would 

struggle to find £500 without borrowing. This lack of 

savings has fed the growth in debt as people without 

savings have no option other than to borrow when 

emergencies arise. Debt is a major issue in society now and 

it can often lead to stress anxiety and depression, which in 

turn can lead to family breakdown and unemployment. 

The Just Finance Network is at the forefront of helping to 

change people’s relationships with money and we work 

closely with Credit Unions and other community finance 

initiatives to enable people to become self-reliant. In order to 

become a member of a Credit Union you have to commit to 

save – saving regularly transforms the way in which people 

manage their finances, they move from budgeting on a daily, 

weekly and monthly basis to thinking about the long term, 

anticipating life events and creating financial buffers in case 

the worst happens. 

Most Credit Unions offer employers the opportunity to set up 

payroll savings for their staff directly from salary into a Credit 

Union account, as part of employee benefits packages. 

Payroll savings schemes are cost free and require minimal set 

up time. The Chartered Institute of Payroll Professionals 

(CIPP) have produced several helpful factsheets on the many 

benefits that companies and their employees can gain from 

operating payroll savings, their website has more details 

https://www.cipp.org.uk/financial-education/savingthrough-payroll. 

If we can increase the numbers of people saving via payroll 

this will in turn give Credit Unions a solid base on which to 

grow and increase the number of people they can help. 

Credit Unions offer low cost finance to those families on 

limited incomes in our community. By enabling them to save 

and lend when they need to Credit Unions are increasing the 

financial resilience of these young families, they begin to save 

and plan their spending more effectively. Moreover the 

money saved and borrowed is circulating within the local 

economy, helping local people, and local businesses and 

boosting local employment. Credit Unions are regulated by 

the Financial Conduct Authority and the Prudential 

Regulatory Authority; they are also members of the Financial 

Services Compensation Scheme which means that all savings 

are protected up to £75,000. 

To find out how to set up a payroll saving scheme contact 

Julia Webster Just Finance Network email 

Julia.webster@togetherliverpool.org.uk or contact your 

local Credit Union at www.findyourcreditunion.co.uk 


Charity and CSR 

Rowlinsons Take on Europe’s 

Longest Zip Line for Babygrow 

Appeal 

Staff from Rowlinsons Solicitors, Frodsham are working with the 

Babygrow Appeal at the Countess of Chester Hospital as their 

nominated charity. The fearless Clare Penney, Practice Manager, 

and Minnie Alam, Legal Assistant and Becky Makin recently 

tackled the Zip World Velocity in Bethesda, the longest zip line in 

Europe and the fastest in the world, raising over £1,000 for the 

charity. Rowlinsons has actively supported The Babygrow Appeal 

for several years and Denis Stevenson, Senior Director, is the 

Deputy Chairman for the appeal. 

The Babygrow Appeal is to create a new neo natal unit ay the 

Countess of Chester Hospital. The creation of a new neo natal unit 

is vitally important to ensure, parents, siblings and immediate family 

have the very best facilities for the babies as they embark on their 

rollercoaster journey of care which can take months to reach a 

happy ending. 

The hospital serves a population of more than 500,000 patients per 

year from areas covering Western Cheshire, Ellesmere Port, Neston 

and North Wales. Approximately 3,000 ladies deliver at the 

Countess including around 800 ladies from Wrexham, Deeside and 

Flintshire in North Wales. 

If you would like to get involved with the Babygrow Appeal and 

help them to achieve their £2.4m target, themn please get in 

contact with Hanna Clarke at the fundraising office 01244 366 397 

/ hannaclarke@nhs.net 

GET INVOLVED! 

Here are a couple of fun ways that you can put your hidden talents 

to good use over the next couple of months to help out two great 

local charities. 

The Great Legal Bake 

The North West Legal Support Trust are asking firms to take part in 

the Great Legal Bake during the week of Monday 20th – Friday 

24th February. 

The NWLST aims to improve access to justice for the most 

vulnerable in society. They do this by raising funds and distributing 

them to organisations that support those who need legal help but 

cannot afford it. 

The NWLST will provide all the materials you need to make your 

bake sale a success. You can sign up in the events section of their 

website: http://www.nwlst.org.uk/ 

Liverpool Idol 2017 

Liverpool Idol returns for the third time on 30 March 2017 and the 

organisers Mencap Liverpool would like to see more law firms 

represented this year. 

Singers will perform one song each with a backing band in the battle 

for audience votes to be crowned Liverpool Idol 2017. Last year, Hill 

Dickinson and Weightmans were both represented. Hill Dickinson 

duo Phil Styles and Ben Potter won the title when they came out 

clad as David Bowie and Freddie Mercury and performed a mash up 

of Under Pressure and Ice Ice Baby. The judges’ favourite award 

went to Tom and Laura who later went on to star in the X-Factor. 

Mencap Liverpool is a local, independent charity that promotes 

equality for people with a learning disability - helping them to 

discover new opportunities, make new friends, and feel valued and 

safe in their community. 

If you would like more information on what is involved in taking 

part in the competition, please contact Kevin Byrne, the charity’s 

fundraising manager at kevin.byrne@mencapliverpool.org.uk 

L to R Clare Penney, Minne Alam, Becky Makin 

Globe Wareing Cropper raise over £3000 for Will Aid scheme 

Globe Wareing Cropper solicitors of Hunts Cross have raised 

over £3,000.00 for the Will Aid charities during November’s 

Will Aid campaign. The firm have been volunteering their time 

and skills to write Wills for local people since 2008. 

Will Aid is the UK's leading charity will writing scheme. The 

solicitors who join, offer their time and expertise without charge to 

give everyone the opportunity to make or update their basic Will 

in return for a donation to help people in need in the UK and all 

over the world. This money is shared by nine well known UK 

charities: ActionAid, Age UK, British Red Cross, Christian Aid, 

NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and 

Trocaire (Northern Ireland). 

David Globe and Lauren Ashcroft said of the campaign: “We are 

delighted to have raised so much money for the Will Aid charities. 

Our clients were impressed with the amount we raised too and our 

fundraising success is a testament to the generosity of those people 

who came forward to have their Will written under the scheme. We 

would like to thank everyone for their kind donations.” 

The scheme runs again in November 2017 and will provide the 

opportunity for many more people in need of a Will to come 

forward to sort out their affairs and, at the same time, to support 

nine of the UK’s best loved charities. 


21

Regulation Update 

Regulation Update 

The latest regulation news from 

Michelle Garlick of Weightmans LLP 

As is often the case with risk and compliance, you can’t always predict what is 

coming round the corner and this month’s review shows how true this is. 

Whilst February is of course the month of “Lurve” (Happy Valentine’s Day!), 

we can I think safely say that there has been no love lost between Catherine 

Dixon and the Law Society in the past month or so with her resignation, 

announced on 4 January. Divorce is always a hot topic in the press in January 

and this one was a pretty acrimonious one to say the least! 

Here’s an update on this and other news: 

Catherine Dixon retires as CEO of the Law Society 

Catherine Dixon, Law Society Chief Executive has resigned from her role 

within the Law Society, as a result of the organisation’s failure to embrace 

governance improvement. 

In what was a quite damning letter to members of the ruling council, she said 

that “the Law Society’s governance is costly (over £2m per annum not taking 

into account my time or my executive’s and staff time in reporting), 

bureaucratic and does not reflect how successful modern organisations, 

including membership organisations, operate.” 

She has claimed that she “cannot in good faith continue to be CEO of an 

organisation which is not prepared to change” and wants to be “part of an 

organisation with a board and council which works effectively and 

collaboratively with its executive.” 

With the SRA already supporting separation from the Law Society, this 

criticism could not have come at a worse time for the Law Society and it will 

be interesting to see what it does next. In response to Catherine’s resignation, 

Law Society president, Robert Bourns, has stated that “it is important that we 

press on with changes in order to take the organisation and the profession 

forward.” He has also advised that the Law Society will be announcing plans 

for the recruitment of a new CEO in due course – not an easy role for anyone! 

And if you are wondering where Catherine Dixon will head to next, we 

haven’t had long to wait to find out - Askham Bryan College in York, one of 

the largest agricultural and further education colleges in the UK. Will farmers 

be easier than solicitors, I wonder?! 

The University of Law has its say on the SRA’s proposed “super exam” 

I mentioned in my November update that the SRA had launched its second 

consultation on the “super exam”. The SRA believe that the “super exam” will 

ensure qualification standards are rigorous, fair, transparent and consistent. 

The University of Law however disagrees and thinks that the SQE will be too 

superficial in stage 1 and too narrow and restricted in stage 2 in order to 

“properly assess the competence needed for trainee or qualified solicitors to 

safely act for the public.” It has also raised concerns that trainees will not have 

the same level of skills in applying knowledge as current trainees do, thereby 

increasing the cost of training. 

The consultation closed on 9 January 2017 and we await the outcome. 

SDT lessons to learn 

In a recent sad, unfortunate case, the SDT expressed a great deal of sympathy 

for the respondent, Paul Smith of Williamsons solicitors, who was struck off 

for making untrue statements to clients and the union USDAW. 

Mr. Smith, a relatively junior solicitor, was handling 170 PI cases and instead 

of seeking guidance from more senior colleagues, he made untrue statements 

to clients regarding the progress of their claims. Examples included advising 

clients that medical evidence had been disclosed to the opposing party, when 

it hadn’t, and advising a client that his opponent had offered the sum of £2,500 

in full and final settlement for a personal injury claim. In fact, Smith paid the 

damages to the client himself, out of his own bank account. 

Smith advised the SDT that he felt himself inexperienced in personal injury 

and was worried about the consequences of failing to comply with case 

management orders. 

This case provides lessons to learn for both firms and fee earners alike. For 

anyone in a junior position reading this - speak up, seek help, don’t mislead 

clients and come clean about any mistakes made – the firm will have 

indemnity insurance to cover any loss to clients. Concealing mistakes makes 

the position so much worse and you could lose your career over it. For firms, 

encourage your staff to come clean about mistakes early on, make it easy for 

them to do so, ensure your competency training, supervision and audit systems 

are supportive and robust enough. 

SDT fining bands published 

Continuing the SDT theme, for the first time the SDT has published fining 

bands guidance, along with further mitigating factors in order to assist 

defendants in clarifying how their case is likely to be dealt with. 

Susan Humble, SDT clerk and chief executive, advised that the Tribunal 

“thought it would be helpful to be transparent so respondents can reach a more 

informed decision as to what the tribunal are likely to fine them.” 

Fine levels issued by the SDT are unlimited and the new guidelines will 

provide five indicative categories which will range from £2,000 for “conduct 

assessed as significantly serious to justify a fine” to £50,000 plus for “conduct 

assessed as significantly serious but not so serious as to result in an order for 

suspension or strike off.” 

The new guidelines apply to all cases being heard after 1 January 2017. 

Fancy a new logo?! 

Back in late December (after my January edition had been written), the 

Competition and Markets Authority (CMA) released its final report on the 

legal market (all 518 pages of it!) and suggested that lawyers who meet new 

standards of transparency over the price and service standards they offer could 

display a logo to show the public that they meet best practice. The report said 

other qualifying criteria for the ‘transparency mark’ could include the 

systematic collection of feedback and publication of ratings through an 

independent third-party platform (including the digital comparison tools I 

mentioned in my January update). The SRA will be launching a consultation 

on this later in the year. 

Enabling innovation: Consultation on a new approach to waivers and 

developing the SRA Innovation Space 

And finally, speaking of consultations, the SRA is currently consulting on 

proposed changes to applications for waivers and the introduction of criteria 

and guidance to further develop its “Innovation Space”. This is, according to 

the SRA, an evolving initiative that aims to support firms of all types to deliver 

products and services in new ways, creating a legal services market more 

responsive to customer needs and will remove barriers that could be preventing 

solicitors and firms to innovate, while making sure the public and business 

users of legal services remain protected. Some interesting proposals are being 

made including a “no enforcement action tool” so if you have any views on 

this, please let me know. The consultation ends on 8 March. 

Michelle Garlick 

Weightmans LLP 


23 


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com 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2017 

w 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upda 

Client 

7 Elderly 

with Helen Clarke 

 

 

 

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-

Local Groups 

News from the MJLD 

Christmas Quiz – 21st December 2016 

The MJLD kicked off the festive season with a rousing 

session of ‘mental jousting’ in the form of the always 

warmly-received annual Christmas Quiz! 

ber 

Treated to seasonal treats of mince pies, mulled wine (and 

yes, even miniature Yorkshire puddings equipped with teenytiny 

sausages...) teams from all over Merseyside competed for 

that coveted top-spot and the accompanying bragging rights. 

The committee would like to thank staff at HUS for hosting, 

tive 

and BCL for sponsoring what proved to be a great event - and 

of importantly all those who attended to make the night a 

the success. 

Christmas Quiz! 

ince pies, mulled wine (and yes, even miniature Yorkshire 

tiny sausages...) teams from all over Merseyside competed 

NEWS FROM THE MJLD 

e accompanying bragging rights. 

ank staff at HUS for hosting, and BCL for sponsoring what 

nd importantly all those who attended to make the night a 

Christmas Quiz – 21 st December 

cess. 

r 

2016 

COMING SOON 

MJLD ANNUAL BALL – Save the date! 

The MJLD kicked off the festive 

e 

The Annual Ball is the often the centre-piece in what is a 

season with a rousing session of 

f 

packed social calendar for the MJLD and this year is no 

‘mental jousting’ in the form of the different. We would cordially like to invite members to make 

e 

ristmas Quiz! 

always warmly-received annual Christmas a note Quiz! in their diaries for 20th May 2017 with the event 

being held at the Hilton Doubletree on Dale Street. 

ce pies, mulled wine (and yes, Treated even to miniature seasonal Yorkshire treats of mince pies, mulled wine (and yes, even miniature Yorkshire 

y sausages...) teams from all puddings over Merseyside equipped competed with teeny-tiny sausages...) 

The event not 

teams 

only gives 

from 

the 

all 

opportunity 

over Merseyside 

for attendees 

competed 

to suit 

up and let their hair down, but importantly it showcases the 

ccompanying bragging rights. for that coveted top-spot and the accompanying achievements bragging of junior rights. lawyers in the region in the form 

k staff at HUS for hosting, and 

The 

BCL 

committee 

for sponsoring 

would 

what 

MJLD Star of The Year Awards (this year extended to three 

like to thank staff at HUS for hosting, and BCL for sponsoring what 

importantly all those who attended to make the night a 

categories – nomination details to follow soon). 

COMING SOON 

proved to be a great event - and importantly all those who attended to make the night a 

s. 

success. Theme, ticket info and more details to be communicated in 

MJLD 

the 

ANNUAL 

very near 

BALL 

future! 

– Save the date! 


The Annual Ball is the often the centre-piece in what is a packed social calendar for the 

MJLD and this year is no different. We would cordially like to invite members to make a note

Local Groups 

News from the WLD 

! 

The WLD has had a great start to the new year and the next 

event on the 10th February is the much anticipated Beauty 

Night hosted by Harvey Nichols Beauty Bazaar where we are 

looking forward to a night of pampering and prosecco. The 

event has already sold out and you will need to act fast to 

ensure a spot on the waiting list. For more details and to 

reserve your place please contact the WLD as soon as 

possible. 

With a slight change to the events taking place prior to Christmas, the WLD began the festive season 

with fizz tasting in November. The fun-filled night was held at the New Capital and consisted of 

guesting tasting a variety of 7 specially selected champagnes, cavas and proseccos, which were 

greatly enjoyed by all attending, and a quiz about the wines being tasted. Nibbles were provided to 

assist in keeping everyone standing. The night was hugely successful and the WLD would like to 

thank R&H Fine Wines for providing us with their knowledge of fine wines, New Capital for hosting the 

evening and Kingsley for kindly sponsoring this event. 

December saw the WLD committee attending their annual Christmas committee meal which was held 

at Fazenda. The committee enjoyed a variety of cuts of meat followed by a fabulous selection of 

miniature desserts. 

To bring in the new year, the WLD is excited to announce the long awaited Harvey Nichols Beauty 

Bazaar event on 10th February 2017. In anticipation of the popularity of this event, those interested 

are requested to contact the WLD as soon as possible to reserve their places via email at 

wldevent@gmail.com. 

! 

We are holding our annual Charity Quiz on 24th March 2017 

and all proceeds raised will go towards assisting our 

nominated charity, Marie Curie. Due to past popularity and 

the high turnout of guests, Leaf on Bold Street will be 

hosting this year. In addition to the quiz, a raffle will take 

place with great prizes up for grabs. Teams of at least 6. If 

you would like to be involved in the quiz or for more 

information please contact the WLD via email at 

wldevent@gmail.com. 

! 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To advertise in Liverpool Law please call 

Julia Baskerville on 01204 303323 or 

email 

j.baskerville@jbaskerville.co.uk 


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