Liverpool Law Mar 2017
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March 2017
Liverpool Law
The Magazine for the legal sector
in Merseyside and the North West
Lawyer in Lights
Martyn Rodmell
Princes Foods
Fixed
Recoverable
Costs Update
Newly Qualified
Lawyers
Celebration
Introducing the
Black Solicitors
Network North
www.liverpoollawsociety.org.uk
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Editorial
Welcome
to the March edition of Liverpool Law
Liverpool Law
Needs YOU!
Liverpool Law Society Magazine
is produced by and for Liverpool
Law Society Members. This is
our opportunity to share our news,
events and celebrations with our
friends in the legal community.
Hello and welcome to this edition of Liverpool Law.
As always the articles are many and varied and my
thanks as always to our regular contributors, to all
those who have taken up the call to provide input and
articles for the magazine with particular mentions in
this edition to Matt Taylor and Rachel Eley. I would
also like to thank David Pilling for a very informative
assessment of the Fixed Recoverable cost seminar
which took place in Manchester recently. The article
will no doubt be of considerable assistance to all of
those who operate in the personal injury and civil
litigation arenas.
On the subject of arenas, this issue also promotes the
annual gladiatorial battle that is the MJLD v LLS
Quiz which takes place on the 30th March. The LLS
are the defending champions I believe, although
whether the utterance that "you will win nothing with
kids" comes back to haunt them remains to be seen!
Please support what should be a great evening if you
can.
I should also mention the MJLD awards for which
nominations close @ 5pm on 17th March so please
see the article featured later in the magazine.
Looking to do something different, this month we are
running what we hope will be a 'fun' competition for
the readership. Nothing to it really - you just need to
write a review of a movie, book, play, album,
favourite box set etc.. We will be looking to publish a
few of the readers reviews each month and one
author will be rewarded with their choice of a bottle
of prosecco, red or white wine, very kindly supplied
by R&H Fine Wines of 12 Queen Ave (just off Castle
Street) Liverpool and my thanks to Dev at R&H for
sponsoring this. Please give it a go!
And finally, next month we will be delving into the
archives of the history of individuals within the
Liverpool Legal Profession having recently been
provided with some very interesting historical
photographs. More on that next month and in the
meantime, I hope you enjoy this edition.
Peter Holland
Editor
editor@liverpoollawsociety.org.uk
Town
Hall
Fine Wines
Castle Street
Queen Avenue
Dale Street
0151 345 0306
Fine Wines
All members' contributions to
Liverpool Law are warmly
welcomed. Please send your
article (and photo captions where
possible) or request for further
information, or assistance to the
editor at
editor@liverpoollawsociety.org.uk
Photographs should be provided
in the highest resolution possible
to ensure a good reproduction.
The views and opinions expressed
in Liverpool Law are those of the
individual contributed and not
those of the Liverpool Law
Society.
Published by Baskerville
Publications Limited
Apt 327 Holden Mill
Blackburn Road
Bolton
BL1 7PN
Email: j.baskerville@jbaskerville.co.uk
Editorial Committee
Dates 2017
Charity spotlight...
R Charity
The Royal Liverpool University Hospital’s R Charity is
looking for local business to help raise £10million in order to
provide treatment that will transform lives in the new Royal
Hospital.
R Charity’s £10million Appeal will provide specialist
equipment to areas including stroke, breast cancer, radiology
and patient experience helping thousands of people across
Merseyside.
R Charity: focus on stroke
One of the key goals of R Charity’s appeal is to provide a
service above the NHS promise of care for some of the most
vulnerable people who come into hospital.
In the UK, a person suffers a stroke every three minutes.
The Royal is currently one the best providers of stroke care in
the UK, with some of the lowest mortality rates in the
country.
R Charity’s £2million Stroke Appeal will make care even
better to help stroke patients out of bed and home quicker,
providing them with the dignity and independence they
deserve.
Money raised for R Charity’s Stroke Appeal with help fund
monitoring systems designed to improve patient safety and
reduce the likelihood of stroke patients falling during their
recovery.
Funds will also go towards specialist chairs in rooms of
patients recovering from a stroke, to help them move towards
recovery in a safe environment tailored to their needs.
“I never expected my journey through the stroke unit;
however the treatment I received was second to none.
Without their quick acting care and their attentiveness, my
experience could have been so much different. Thanks to
them, I am back on my feet and enjoying life to the full
with my family and friends.”
– Terry Stubbings, Liverpool Town Crier and stroke
survivor
R Charity is looking for businesses to take up their
challenge of turning £100 to £1,000 towards their
appeal.
If you think your business or team can find a fun
and exciting way to turn £100 to a grand within
three months, contact R Charity’s corporate
partnerships manager Lauren Davies on 0151 706
3153 or email lauren.davies@rlbuht.nhs.uk.
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
Deadlines 2017
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
Hello everyone, trust you are
well. I wasn’t, had man flu -
yes it does exist and it was
bad.
I have been looking at the
news lately and two items are
repeated incessantly - Trump
& Brexit- but it occurred to me
that when you look at the legal
systems of the two allegedly
greatest democracies of the
world UK & USA, you see
some significant differences at
present.
I have always thought whilst
not perfect the British system
is the best. This was illustrated
recently by the High Court &
Supreme Court decision on
Brexit. No-one, not even the
P.M. or Government, is above
the law. It may have been
academic but it tested some of
the great minds and illustrated
that the Rule of Law & Justice
must prevail. The Prime
Minister & Government
complied.
Look across the pond and we
see Trump trying to be a
dictator and putting his own
yes -men in place to ensure he
gets his own way- watch this
space!
We are still very busy at Helix
(LLS) with the changes that
HMG are trying to impose.
The idea of divide & rule is
still alive and kicking with the
proposed 10% hike in Q.C.s
fees and threat of further
reduction to Solicitors &
Higher right fees. Continued
tightening of the belt
regretfully.
I note The Law Society have
appointed an interim CEO to
bridge the gap until a
permanent appointment is
made. I note that Robert
Bourns is determined to press
ahead with reforms and he
would welcome input from us
all.
I was fortunate recently to
meet with him when in
London and get his views
directly on several issues, he
certainly has the members of
the profession at heart, having
been a Partner in a provincial
firm dealing with not only
commercial & private matters
but also Legal aid cases.
I attended the ANWLS dinner
last month when the smaller
Societies in Lancashire &
Cumbria met to try to revive
their association, it was a very
pleasant evening and I thank
all organisers and officers.
The Vice President Joe Egan
was present and gave a rallying
cry. I understand that a
decision has been made to relaunch
ANWLS with a
summer social event and will
be expanded to include local
groups and organisations from
the North West and will
continue to keep the
connection with Liverpool &
Manchester law societies. The
problems with ANWLS
illustrate the difficulties
everyone in the profession is
facing - too little cash and time
and so much to do. Maybe we
can help subject to time & cost
- ideas please particularly from
those on the fringes of
Merseyside who feel a little left
out.
I was pleased to welcome our
Presiding Civil Judge His
Honour Judge Graham Wood
Q.C. to the recent NQ evening
when we had 44 newly
qualified solicitors & 8 pupil
barristers. It was certainly
heartening to see and hear the
enjoyment & enthusiaism the
youngsters displayed -
congratulations to them all
and grateful thanks to Graham
for his address and
presentation of the
Certificates. I hope all are
being proudly displayed in the
offices.
I would encourage all of you
to make use of the modern
communications and give us
your views of all things legal
on LinkedIn & Twitter please.
What effect will Brexit have on
us - what can LLS do for you,
how can we help.
By the time you read this all
nominations for the Legal
Awards will be in & I would
ask you to book your place for
the highlight of the year in
May at the Rum Warehouse -
save the date 12 May 2017.
Finally, I have set in motion
the Annual Dinner for
November - an exciting new
venue & exciting speakers - no
more news for now - just save
the date - 16th November
2017.
Bye for now.
John Ballam
President
Sponsored by
Diary Dates
Like us on Facebook
www.facebook.com/
LiverpoolLawSociety
Sat 25 March
Thu 30 March
Wed 26 April
Fri 12 May
Tranmere Rovers corporate event – SOLD OUT
Merseyside JLD vs LLS Quiz night
Cyber Conference
Legal Awards Ceremony
Follow us on Twitter
@LpoolLawSociety
Thurs 16 November
Annual Dinner
Join us on Linked In
Photographs for Liverpool Law
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.
4 www.liverpoollawsociety.org.uk
Local News
5
www.liverpoollawsociety.org.uk
New committee and charity
quiz for YRes Merseyside
The new committee of Young Resolution Merseyside, the local
branch for young members of the national association of family
lawyers, has launched a recruitment drive for new members as
well as announcing the return of its ever-popular Charity Quiz
Night on 9 March 2017.
New Chair of the group Matthew Taylor of Weightmans is joined
on the committee by Secretary Sarah Achilles (MSB), Treasurer
Richard Rigg (DWF) and PR representative Danelle Foley (Mooney
Everett) along with Natalie Hargreaves (Brabners), Jennifer
McCarthy and Sinead Cassidy (both DWF), Renn Moucarry and
Lindsey Potter (both PMC Family Law), and Hannah Malone and
Rebecca Charity (both Berkson Globe Partnership). The group is
now looking for more aspiring family lawyers – including law
students and trainees – to join the committee and help the group
grow from strength to strength. Anyone interested in joining should
contact matthew.taylor@weightmans.com or get in touch through
the group’s Facebook or Twitter pofiles.
YRes provides an opportunity for Resolution members who are
starting out on their career path to share their experiences, concerns
and ideas, ask questions, and develop skills and knowledge in a
friendly and supportive environment.
The group runs a series of social and educational events, with the
first event of the year, the annual Charity Quiz, taking place on 9
March 2017 at 6.30pm at Revolution in St Peter’s Square. Hosted
once again by regular quiz masters Mark Senior and Clive Baker, the
event will raise money for NYAS. Tickets are £5 per person to cover
entry and food, with a maximum team size of 6. The event is open
to all, not just YRes members or young family lawyers, and places
can be reserved by emailing SarahAchilles@msbsolicitors.co.uk
Annual Charity Quiz
Hosted by Quiz Masters extraordinaire Clive Baker and Mark Senior
Where: Revolution Fleet Street, Liverpool, L1 4DQ
When: 6:30pm - Thursday 9 March 2017
Tickets: £5 per person (inc. entry & food)
RSVP: to SarahAchilles@msbsolicitors.co.uk
In Aid of
Order of Play
6:30pm Arrival
7:30pm Quiz Begins
(3 rounds + 1 picture round)
8:15pm Food Served
8:45pm Quiz Resumes
(3 further rounds)
9:30pm Raffle & Close
* Maximum team size is 6
Raffle
£2 per ticket or £10 for a strip
Bar Snack Buffet menu
Buttermilk Fried Chicken Strips
Calamari
Burger Sliders
Mini Garlic Flatbreads
Garlic Fries
Margherita Pizza Roll
Pepperoni Pizza Roll
Drinks offers
Selected 2-4-1 Cocktails
Cocktail Pitcher £14
Selected Draught Beer / Cider £3
Selected Bottles £2.50
Selected Spirits & Mixer £3
Open to everyone; not just members of Young Resolution
Liverpool Law Golfing Society
The Liverpool Law Golfing Society dates back to 1895. The year
Jonathan Berkson has accepted an invitation to serve as Captain
of the Society.
The annual members competition will take place at Heswall Golf
Club on Wednesday 7th June 2017. All solicitors and barristers
practising in the Merseyside area are welcome to take part in the
competition and become members of the Society. For those either
wishing to join or for existing members wishing to play please
contact the Secretary Brian Lawlor on the details given below who
will confirm tee times. Dinner will be in the clubhouse and the
annual general meeting will take place immediately after the dinner.
The competition on the day will be for the Cunliffe Cup for the best
Stableford score which was first presented in 1895. The Harold
Christian Jones Scratch Cup is presented for the best scratch score
with the Jack Rycroft Tankyard for the best Stableford score for
handicaps between 18 and 24. Last year the Cunliffe Cup was won
by the 2016 Captain Keith Jones, the Harold Christian Jones
Scratch Cup by Chris Hayes and the Jack Rycroft Tankard by Sean
Sexton.
The Society will play two matches the first against the Crown
Prosecution Service has been fixed for Monday 3rd July 2017 at
Ormskirk Golf Club. This year responsibility for arranging the
match against the accountant rests with the accountants who will
finalise the date and venue for the annual fixture which will take
place early September. Again any member wishing to play in either
of those matches should contact the Secretary.
The Secretary’s details are Brian Lawlor, Morecrofts LLP, 2
Crown Buildings, Liverpool Road, Crosby, Liverpool L23 5SR,
email: bl@morecroft.co.uk , telephone: 0151 924 9234.
All existing and new members will be made most welcome.
-
Local News
News from the Sub-Committees
Criminal Practice Committee
The general feeling was that a half day conference was preferable
providing we could get recognised speakers. Jo will make enquiries
and this can be considered further at the next meeting.
Criminal Practice Committee Meeting 26th January, 2017
This was a well-attended meeting. Various topics were discussed and
there was additional an additional presentation by Leanne Galbraith
confirming the up to date position with regard to the Common
Professional Platform. She has since forwarded the slides from the
presentation which have been circulated. Leanne discussed the
successful on line forum set up in the Liverpool Civil Courts and
was looking for any feedback with regard to setting up the same for
the Criminal Courts. Leanne also brought us up to date with where
the present platform position is and it’s clear that shortly it will go
live as between the cps and the police on Robberies and S18 matters.
We will be kept informed and invited in to the blogs and material as
it is issued. Any feedback on the potential for a Criminal Law
Practitioners forum can be forwarded to me.
Keith Townend attended with Nicola Johnson from the Court to
confirm that a review is to take place with regard to the listing of
cases in the Magistrates Court. The purpose of their attendance was
stated to allow engagement with defence practitioners so that views
and representations could be made. I emphasised the importance to
the committee of engagement in this process as decisions could be
made which will impact on all of us. I have invited representations
to be made to me so that I can put forward views, concerns and
suggestions made by the practitioners in this process. I would
welcome any feedback via e mail or by phone. My email address is
john.weate@rmnj.co.uk and my mobile is 07767413894.
We were asked by Jo Downey about having a training conference.
Commercial
Leases Update
with
Richard Snap
pe
on Tuesday
4th April, 9:30am
12:45
pm
C ommercial lease
e s continue to be much litigated
an nd several
regulatory
chang
nges have
occurred withinin the
last year.
The course
aims
to look at
these change
s.
Topics covered include:
Recent case
law on break clauses
Deeds of
Variation and Guarantors
Landlord
and Tenant Act 1954 update
Dilapidat
ions
SDLT and
rent changes
Legionella
Reports
Changes to
CPSE Enquiries
The Energy
Act 2011 and the Green Deal in relation to
commercial leases
Rating empt
y properties case law
To see more
Venue:
Sponsored by:
Liverpool Law
Society,
Second Floor, Helix,
Edmund Street, Liverpool, L3 9NY
informa
ation or
to
book, visit: www.liverpoollaw
wsociety.
y.org.uk
I advised the meeting of the intended extension of the S.28
procedures and the on-going consideration at Government level on
this issue. It is likely that this procedure will be extended to
witnesses under 18 and possibly extended to adult witnesses in
various types of cases such as sexual allegations and domestic
violence. This is likely to create all sorts of problems for
practitioners particularly advocates who presently conduct s.28 cross
examination prior to the normal court business. Should it be
extended it may well create listing problems as the restrictions on
questions will not apply in many of the proposed extended cases as
they apply now. I will be attending a further meeting later this
month and will report back to the committee.
The committee were made aware of matters from the last Court
users meeting on the 12th January, 2017. Practitioners are asked to
follow the protocol for requesting pre-sentence reports in advance of
ptph hearings where the Magistrates have not ordered one.
Practitioners must e mail case progression indicating guilty pleas
and asking for judicial consideration of a psr and the reasons for it.
This will then go to a judge who will make a direction. The
practitioners on such a direction should ensure that arrangements
are then made with CC probation for the preparation of the report
and advise the client to get there for the time ordered. Probation
have asked that where stand down reports are ordered we do not
hassle them asking when will it be done. They will upload onto the
DCS when completed and would appreciate no distractions from
practitioners chasing them up!!!
The committee were made aware of complaints from Court Staff
with regard to the state of the robing room. I advised the user group
that solicitors do clean up after themselves and do not tend to leave
lots of case papers hanging about. It is politely requested that we
continue like this so that we don’t get the blame for the mess often
seen in the robing room.
The next meeting of the court
users group is the 13th April,
2017 and if there are any matters
any practitioner would like me to
address at that meeting could they
please e mail me.
John Weate
Chair
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
6 www.liverpoollawsociety.org.uk
Local News
Newly Qualified Lawyers Celebration
On 26th January LLS and MJLD members
came together at the Hard Day’s Night
Hotel to celebrate the achievements of all
of the Solicitors and Barristers who
qualified in Liverpool and Wirral during
2016.
This event has gone from strength to
strength with the support of the MJLD and
this year saw HHJ Graham Wood QC
present the 42 newly qualified solicitors and
9 barristers with their certificates welcoming
them to the profession and wished them all
well in their careers.
It was particularly heartening to see a wide
spread of firms represented and able to offer
careers to new solicitors and barristers with
newly qualified lawyers from 12 different
member firms and 6 chambers.
The Nebulaes
The President, John Ballam had some
words of wisdom for all of those entering
the profession – preparation is the key. As a
holder of one of these certificates you can
also apparently demand of your managing
partner that it be framed and hung in
reception!
For the first time this year, the LLS prizes
were also presented at this event. The
Timpron Martin, Rupert Bremner, Atkinson
and Enoch Harvey prizes are awarded for
achievement in professional examinations
based on the results of the Legal Practice
Course at the University of Law in Chester
and the Liverpool John Moores University
and for the first time from BPP.
The Prize winners for 2016 were Ory
Ejuoneatse of DLA Piper, Will Eggleston of
Brabners, Harriet Edwards of Weightmans
and Clare Marsh of Weightmans. The
awards are now funded by Liverpool Law
Society through its charitable funds and
each prize winner received a copy of ‘A
Century of Liverpool Lawyers’, together
with a cheque for £100.00.
The E. Rex Makin Prize is awarded to the
youngest Solicitor to be admitted to the roll
in the Liverpool constituency. The winner
this year was Josh Makin of Morecrofts.
The Muir Matthews Prize is awarded to a
young or trainee solicitor in Liverpool who
is judged to have made the largest
contribution on an all-round basis. The
winner was Richard Burrows of
Weightmans who is currently also the chair
of the MJLD. Both of these winners
received a cheque for £50 and a copy of ‘A
Century of Liverpool Lawyers’.
After the presentations and pictures there
was the chance for some networking and a
celebratory drink with peers and more
senior (!) members of LLS.
Weightman’s NQs
Hill Dickinson’s NQs
EAD’s NQs
HHJ Graham Wood makes the
presentations
Nina Ferris
Vice President
Hill Dickinson LLP
The Prizewinners
www.liverpoollawsociety.org.uk
7
News
Councillors’ Summit – Thursday 19 January
It was mainly a case of
developing themes previously
raised when General
Committee members met
Councillors on 19 January,
together with some new topics.
The three Local Authority
representatives were Cllr Ruth
Bennett (Liverpool), Cllr Jane
Corbett (Liverpool) and
Councillor John Stockton
(Halton).
Kirsty McKno, as Chair of LLS
Civil Litigation Committee,
summarised the LLS’s response
to the Soft Tissue Injury and
Small Claims PI limit proposals.
Of particular importance to the
Councillors were two points.
First, the economic impact on
the Liverpool area for potential
losses in litigation practices’
employment. Second, the
difficulty which lay people
would have in pursuing claims
given the Portal’s requirements.
Chris Topping, as Chair of LLS
Access to Justice Committee,
briefed the Councillors on the
latest campaigns. The main point
highlighted was the Review of
the LASPO legislation, and
Chris asked for Councillors to let
him know of “advice deserts”
indentified by them, so as to
provide evidence to submit to
that Review.
I then reported on Government’s
Bills which could have an impact
on Local Authorities. I
confirmed that the Children and
Social Work Bill – mentioned at
the last meeting – is progressing
through its Parliamentary stages.
Also highlighted was the Local
Government Finance Bill,
concerning Non-Domestic Rates
and Business improvement
Districts of which there is one in
Liverpool , published only days
earlier on 13 January.
Another Bill which I spotted was
the now-withdrawn Private
Member’s Representation of the
People (Voter Proof of Identity)
Bill. It struck me that this might
be the first indication of
stringent ID checks which Local
Authorities could in due course
have to supervise at Polling
Stations. I also mentioned recent
Decisions reported in the Law
Society “Gazette” relating to
Library closures and to sale of a
Local Authority’s land.
A new topic raised was that 2017
sees the first Election for the
Liverpool Region Metro Mayor.
Cllr Stockton summarised the
powers which the Mayor will
exercise as being those in the
areas of Employment Skills,
Housing and Transport.
Cllr Corbett spoke about the City
Council’s contribution to the
nationwide Better Business
Forum. It was noted for the
diary that on Friday 10 March at
St George’s Hall there will be an
event promoting the forum, and
that local solicitors might want
to attend.
Following the meeting, Cllr
Stockton forwarded a message
from his fellow Halton member
Cllr Peter Lloyd-Jones, who
practised as a Solicitor. Cllr
Lloyd-Jones was unable to attend
the meeting, and stressed his
concern about two points. First,
the very low Legal Aid rates for
criminal practice and, second,
the way in which Employment
Tribunal Fees have deterred
many potential Applicants.
If LLS members want to raise
any issues with the Councillors
at our next meeting – which is
fixed for 13 July – please let me
know. Additionally, a request to
members: if LLS members who
have links with Councillors and
believe that they might like to
engage with LLS, please liaise
with me and with those
individuals.
Jeremy Myers
LLS Parliamentary Liaison
Officer
-
8 www.liverpoollawsociety.org.uk
-
Interview
Lawyer in Lights
Martyn Rodmell
Head of Legal, Princes Foods
This month’s Lawyer in
Lights is Martyn Rodmell,
Group Legal Counsel and
Head of the Legal Team at
Princes Group.
Princes is a local treasure, an
historic company established
in Liverpool in 1880 and has
developed into an
international food and drinks
company involved in the
manufacture and distribution
of branded and customer own
brand products sold
throughout the UK and
internationally.
I had an introduction to the
portfolio of leading brands,
including many household
names, when I had the
opportunity to interview
Martyn at Princes head offices
in the Royal Liver Building.
Princes are based on the 5th &
6th floors, within the Royal
Liver Building and enjoy
amazing views over the River
Mersey.
Princes has a far reaching
supply chain to provide raw
materials for its global
operation. For example fruit
imported from Spain,
sweetcorn, chicken and
pineapple from Thailand,
corned beef from Brazil and
tomatoes from Italy to name
but a few. These foods are
processed and sold to markets
in the UK and Ireland,
mainland Europe and beyond.
Martyn joined Princes in
October 2000 having started
his career in private practice
but moved in-house early in
his career. Before joining
Princes he worked as Head of
Legal at Lex Vehicle Leasing
based in Sale. As well as the
exciting prospect of setting up
a legal team, as a Formby man
there was the added bonus he
was able to give up the commute
when he moved to take up the
post in Liverpool.
When Martyn joined Princes he
worked with one colleague, who
carried out a Company
Secretarial role. Martyn has
grown the legal team which now
consists of 4 solicitors, a
chartered legal executive and a
trainee. One member of the
legal team, an Italian advocate,
is based at Princes offices in
Southern Italy.
Martyn’s main role is the overall
management and supervision of
the legal department and is keen
for the team to develop
relationships direct with their
internal clients consisting of
Directors and managers. As well
as being head of the legal
department and on the Brexit
committee, he is also Secretary
to the Compliance Committee.
Princes operates a strict Code of
Conduct with a commitment to
high standards and puts
compliance at the forefront of
the way it does business. The
legal department handles most
of the legal work of the
company with support from
external lawyers for some
foreign work in overseas
jurisdictions.
Martyn stressed to me the
importance of in-house lawyers
understanding the business they
support, its priorities and
business plans and being
personally organised as well as
knowing the work within the
pipeline and being able to
manage the unexpected. With a
company of this size, Princes
invests heavily in plant and
equipment with the legal team
ensuring that the Company
contracts on approved terms and
conditions. This part of the
legal team is headed up by my
Assistant Group Legal Counsel,
who has two legal managers
reporting to her. The legal team
also approves marketing
material to ensure that it is fully
compliant with rules and
regulations both here in the UK
and where relevant in Europe.
This responsibility rests with the
Senior Legal Manager who has
a trainee working with her.
The work the team carries out
means that members of the team
need have an understanding, as
a minimum of English Law, and
a working knowledge of the
principal Civil Codes in
mainland Europe. I did ask
Martyn if all of the contracts
came through in English and he
confirmed not, the team can
translate French and German
but given the difficulties with
language differences, they are
more likely to instruct external
lawyers for Polish matters.
The Italian Advocate, deals with
legal and operational work
relating to Princes’ operation in
Italy and French retailers Terms
& Conditions.
All in-house lawyers I have
spoken to, have stressed that inhouse
is not an easy option.
Martyn’s day starts shortly after
8am and he generally does not
leave the office until around
7pm and keeps fit by running in
the evenings. He is married with
two grown up children. His wife
is a Chartered Accountant. His
son is currently at Liverpool
University doing a Business
Degree, and his daughter is a
Junior Doctor.
I asked Martyn, generally, if he
got much opportunity to travel
given that Princes has factories
and offices across the UK and
overseas, from Glasgow to
Chichester as well as Poland,
France, Italy and Mauritius.
Martyn does travel a little
around the offices and
factories but Princes’ operates
a sustainability policy and
meetings are more likely to be
held by videoconference.
I asked Martyn if he agreed
in-house legal teams should
time record to show their value
to the company? Martyn is
definitely anti time recording!
He feels that there is no
difference between
implementing a time recording
policy in a legal department
from a finance department.
Also he wouldn’t want to
discourage people approaching
the legal department for help,
in the fear of the cost it would
incur, and in any event, he
cannot see the value of time
sheets to the company. A
successful legal team can
demonstrate its value to the
business without the necessity
of time sheets. A very clear
answer.
I was a bit astonished at the
amount of work the team
covered and how they were
able to be informed enough to
communicate across different
jurisdiction. Martyn pointed
out that the team has to be
cost effective to the company
and work closely together.
My last question was “what is
the best part about the job?”
The answer being “working as
a team” and of course the
social events which he told me
were particularly good!
Sylvia Shepherd
DLA Piper
www.liverpoollawsociety.org.uk
9
News
Joint V Meeting
The first Joint V meeting of 2017
took place in Manchester on 9th
February. I attended along with
Vice President Nina Ferris, and
CEO Sarah Poblete.
Unfortunately our President was
unwell and unable to join us.
We spent the first part of the
meeting going through the usual
activity reports from each society,
discussing each other’s past and
future events, and also the actions
each society was taking in order to
respond to consultations on behalf
of their members. It is always
useful to hear and learn from what
others are doing, and it is
interesting to hear what events
work well, and that some work for
some societies and not others. All
our societies are different, and yet
we all have the same purpose, to
represent our members, bring
them together and to champion
the local profession.
The agenda contained a varied list
of items. As the Joint V we now
have representation in the
discussions about the future
governance of The Law Society,
and John Hughes the Birmingham
President, had attended a meeting
on our behalf, and was able to
report back. We discussed pro
bono activities, as it transpired
that all five societies have similar
programmes going on with regard
to this, and we agreed to share
minutes and templates between us.
We talked about the visits Lord
Justice Jackson was making to the
various areas to discuss his
recommendations on fixed costs.
Representatives from Liverpool
and Manchester had attended the
recent Manchester event and were
able to report back. Interestingly
he seemed to be addressing
different work types in different
parts of the country, and it was
not surprising that he had chosen
the North West to concentrate on
Personal injury work. We had
quite a debate about how possible
it will be to introduce fixed costs
in general litigation work, and
how we can ensure that we
express our members’ views on
this.
We discussed the concerning news
that it appeared there was a move
to redraft s.31 of the CPR on
disclosure, seemingly without
consultation. Few present were
aware of this, but we agreed that
this was something that we did
need to investigate and if
necessary, highlight as an issue;
the problem being that an attempt
to reduce costs of disclosure could
result in a watering down of the
robust rules on adverse disclosure,
which contribute to to making
English and Welsh courts the
jurisdiction of choice.
We discussed how the Joint V had
developed and decided that we
now needed some form of
clarification of what we were, and
what we stood for. With all our
societies and their memberships
being so different, there may be
many areas where we were unable
to form a common view, but there
were also many where we could.
For lunch, and the afternoon, we
were joined by National President,
Robert Bourns, who admirably
simply asked us what we wanted
to discuss and allowed us to
interrogate him on whatever we
wished! This resulted in a
stimulating and interactive
afternoon during which we
discussed governance of the
society (at some length), the
progress of the recruitment of the
new CEO, Brexit and its effects on
our members, the reputation of
the profession and the many
consultations that are currently
ongoing or being considered. We
had a particularly long
conversation about the Personal
Injury proposals and the
government’s attitude that
solicitors as a profession were
resilient and would adapt and
cope with the significant loss of
work this would involve. Robert
reported to us on the meetings
that The Law Society had had
with the MOJ and their seeming
unwillingness to engage on this
issue. We also talked about the
purpose of The Law Society, both
now and in the future, and the
importance to the profession of
having a representative body,
when both the SRA and the LSB
had openly stated that they did not
consider it their role to comment
on policy issues.
The next meeting is due to take
place in June and will be hosted
by Leeds. As always, if anyone
has any issues which they would
like to be discussed with the Joint
V, or any questions about the
meetings, then please contact the
Liverpool Law Society office.
Alison Lobb
Immediate Past President
Morecrofts LLP
Tracy Thompson launches bespoke Law
Management Consultancy
After over two decades in the legal industry, most recently as Managing Partner of a Liverpool
law firm, lawyer Tracy Thompson has developed a new consultancy firm to support North
West law firms’ growth and sustainability.
Tracy Thompson Associates will focus on the core elements which small to medium sized law
firms require the most; business planning, strategic guidance, risk & compliance services and
marketing strategy. The aim of the business is to contribute to the well-being of law firms and to
leave a positive impact on those businesses.
Thompson boasts an inarguable record in the aforementioned coupled with an excellent strategic
growth track record and as a law society Lexcel consultant she is also passionate about firms
achieving the recognised legal practice management standard as a benchmark for excellence.
Tracy Thompson said ‘Having spent so long working in the industry, I understand the need for
smaller firms to be able to obtain specialist advice and assistance where they perhaps lack the
internal skills to deal with important matters which have a determining effect on the future of their
business. My consultancy will allow firms to access the very specific areas where they require
expert support without the need to commit to employing someone as services can be provided on
an ad hoc, retained or project basis."
10 www.liverpoollawsociety.org.uk
News
Introducing the Black Solicitors
Network (BSN) North
Meet the Chair of BSN: Kyle Blackburn
Kyle Blackburn is a Business
Development Manager for
JMW’s referral network,
Lawshare. Kyle joined JMW in
2014 from Pannone where he
worked for eight years in various
business development roles.
Lawshare currently has over 290
law firms across the North West,
ranging from sole practitioners to
large multi-site commercial firms
and Kyle spends much of his time
travelling the region visiting
Lawshare members.
Kyle studied for a law degree
whilst working at Pannone and is
currently studying for the LPC
and an MSc. He will be taking up
a training contract with JMW in
September 2018 and hopes to
eventually specialise in either
commercial litigation or family
law.
The Black Solicitors Network was
launched over 20 years ago in
London in response to Legal Aid
Franchising. Kyle says “The
Network was launched because
the introduction of Legal Aid
Franchising was affecting High
Street firms, many of whom
employed BME lawyers. An early
success was a delay in the
introduction of civil contracting
which gave all firms further time
to plan and prepare. That dialogue
was of benefit to all firms not just
BME led practices.”
The BSN North was re-launched
earlier this year and the initial
committee elected Kyle as Chair
of the network. Since the launch,
membership has already grown to
around 70 members within
Greater Manchester. Kyle’s
mandate is to establish BSN as the
primary voice for BME lawyers
and growing the membership. Its
target membership geographically
covers the Midlands, up to Carlisle
in the North.
Kyle adds “Membership of the
Black Solicitors Network is open
to anyone interested in equality in
the profession, from students to
partner level solicitors. We have
members in private practice, local
authorities, central government
departments, the CPS and also the
Judiciary. It is a very broad church
and we have no political
affiliations.”
Nationally the BSN has over 6,000
members and is the largest
recognized Law Society Special
Interest Group. In October 2006
BSN was the recipient of the
Judge’s Award for Outstanding
Contribution to Promoting Race
Equality by the Law Society and
Commission for Racial Equality.
With a full time career, studying
for the LPC and Chairing the
BSN, Kyle has little time for
‘hobbies”. He is also renovating a
house, but says that when time
permits, he attempts to play
squash and enjoys travel and the
theatre.
If you would like further
information about the Black
Solicitors Network, please
contact Kyle at
kyle.blackburn@jmw.co.uk
Latest News from the BSN
It has been a busy couple of months: October saw the official launch
of The Black Solicitors Network in the north. Many hours of work
culminated in a grouping of some of the north’s most prominent BME
lawyers gathering at DWF’s Manchester office to share their
experiences of entering the profession and overcoming the obstacles
one would expect to face.
Amongst our illustrious guests was the Lord Mayor of Manchester, who
gave a short speech expressing his pleasure at seeing such an enthusiastic
group, whose aims are to encourage diversity in the profession and foster
a culture of
In November, BSN hosted its annual Diversity Awards in London. Law
Society Vice President, Joe Egan, introduced ideas to attract talent and
support people as they develop their legal careers. We heard about the
innovative work being undertaken by numerous solicitors, who the Law
Society call ‘The Ambassadors’, who assist solicitors with social
mobility. A further 10 inspiring solicitors (willing to nominate
themselves or a work colleague) to help others interested in knowing
more about the law. For further information email ask-anambassador@LawSociety.org.uk
I also met with Jerry Garvey, The Law Society’s Diversity
Representative, to discuss the many ways they are seeking to support
BSN’s objectives. We will be working more closely with The Law
Society over the coming year to offer new and interesting courses for all
ranges of lawyers.
The Committee is now busy planning our next event, which is likely to
be a social gathering in February or March at a venue to be confirmed.
Plans are also underway with our ‘Springboard’ programme, which is
aimed at providing students from all backgrounds with advice and
guidance on navigating their way from degree to qualification. We hope
to pair a student with a lawyer mentor who will give one-to-one support
for a few months to help in their preparation for training contract
applications.
If you would like further information on any of the initiatives or
would like to join BSN, please feel free to contact me at
kyle.blackburn@jmw.co.uk
-
www.liverpoollawsociety.org.uk
11
Management Feature
Strictly Boardroom
WHAT DO CORPORATE LAWYERS DO WHEN SELLING A
COMPANY?
This is the first of a series of articles taking you ‘behind the scenes’ of
common corporate transactions and illustrating some of the techniques
that corporate lawyers employ to get the best deal for their clients. What
follows will be reassuringly familiar to those experienced in transactional
work and hopefully assist those less experienced to take on the challenge
with greater confidence.
In this article, we look at a company sale where the corporate lawyers are
acting for the selling shareholders. A subsequent article will look at how
lawyers approach things differently when acting for the buyer.
Let’s assume that you have received an indicative offer from a reputable
company that wants to buy the entire issued share capital of your private
limited company. You have taken some accountancy advice on the offer price
and been advised that it is at or above market value. You and your coshareholders
consider this is the right time to sell and are keen to proceed.
Let’s also assume that you have been recommended to a law firm that
specialises in company transactions. They have given you a fee budget for the
transaction and, quite reasonably, you want them to explain exactly what
they will be doing for their fee and what benefit you will get from instructing
them.
You’ll know if you’re in good hands if the lawyer leading their team puts the
kettle on and makes some tea. This is not perhaps the most technical thing
corporate lawyers do but there are few better ways to start a relationship. The
explanation of what is involved should go something like this.
Understanding the deal drivers - Corporate lawyers are often criticised for not
spending enough time listening to their clients to properly understand why
the transaction is taking place and what the key objectives are. The process of
selling a company ‘belongs’ to the sellers and not their advisers and so the
tactics and timetable should be worked up collaboratively.
Engagement letters - The engagement letters of all professional advisers
(including lawyers, accountants, corporate finance advisers and other due
diligence providers) are legal contracts and should, ideally, be considered
with the benefit of legal advice. Typically, this advice will cover the scope of
the professional’s work, the fees they propose to charge, how and when the
fees are to be paid and the wording of any proposed limits on liability. As it
is the shareholders of the company, rather than the company itself, that will
be the contracting party, other issues include the recoverability of VAT and
what fees, if any, are due if the transaction does not complete.
Confidentiality agreements - Before entering into any meaningful discussions
with a potential buyer it is essential that a properly drafted confidentiality
agreement (a non-disclosure agreement or NDA) is put in place to protect the
company’s confidential business data including information about finances,
customers, employees and know-how. Corporate lawyers will advise on issues
such as who the contracting parties should be, how to define the nature of
the transaction, how long the agreement should last and, importantly, the
contractual remedies available in the event that the proposed buyer breaches
the terms of the agreement.
Heads of terms - Converting an indicative offer into formal heads of terms is
a key step in any transaction as it establishes the ground rules between the
parties, gets some agreement on key deal points and flushes out any potential
stumbling blocks at an early stage. The process aims to minimise the risk of
everyone wasting further time and money. Heads of terms can be drafted by
the sellers themselves with input from their financial and legal advisers or
drafted by the advisers for the sellers to approve. Important legal issues are
around the overall legal structure of the deal, which matters the deal is
conditional upon, who the contracting parties should be, which elements of
the heads of terms are binding and non-binding, confidentiality and
exclusivity. Buyers tend to push for some form of exclusivity period to reduce
the risk of them investing money in instructing advisers and conducting due
diligence only to have the deal pulled from under them. Not all sellers agree
to this and those that do should take great care not to lock themselves into
one specific buyer on onerous terms.
Enquiry memorandum - Prior to preparing the first draft of the sale and
purchase agreement based on the agreed heads of terms, the buyer’s lawyers
will very likely send through to the sellers or their lawyers a long list of
questions about the business. The aim of this ‘enquiry memorandum’ is to
help the buyer better understand the detail of the business and to formulate a
due diligence plan. Many of the questions create traps for the unwary as the
buyer will no doubt seek to rely on the answers given during or after the
transaction. The job of the sellers’ lawyers is to ensure that answers are given
in the correct way. There is an element of protocol to this based on
established commercial practice and, correctly done, the answers should offer
the selling shareholders a high level of protection from future claims for
breach of warranty, non-disclosure or misrepresentation.
Dealroom - To avoid exchanging large volumes of documentation and data
by email or in paper format, it is now common to set up an online dealroom
where everything is stored in a secure password-protected environment
accessible only by the professional advisers. The dealroom provides a single
repository for all information that a seller wishes to provide to a buyer. The
sellers’ lawyers usually set up the dealroom, advise on how information
should be presented and then manage the access to it.
Due diligence - Due diligence is the process by which the buyer attempts to
verify that the asset being bought is worth what the buyer has offered. As
well as reviewing the sellers’ responses to the enquiry memorandum and the
contents of the dealroom, the buyer and the buyer’s professional advisers
may want to conduct other investigations into the company. These
investigations might include interviewing selected staff and customers (once
it is clear the deal will happen), auditing IT systems and financial data and
reviewing legal contracts and intellectual property rights. The role of the
sellers’ lawyers is to advise on issues of confidentiality and assist the sellers in
responding to any issues arising from the buyer’s due diligence process in the
right way.
-
12 www.liverpoollawsociety.org.uk
Management Feature
Sale and purchase agreement - This is commonly
drafted by the buyer’s lawyers and it is the job of
the sellers’ lawyers to go through it carefully and
amend it in a way that protects the selling
shareholders. The agreement should reflect the
agreed heads of terms and include details of the
company being sold, the price being paid, the
payment structure, the security being given in
relation to any deferred consideration, any
restrictive covenants being given by the selling
shareholders with regard to their future business
activities and the terms of any involvement the
sellers may have with the company. The
agreement will also reflect any warranties
(contractual promises) that the buyer’s will ask
the selling shareholders to give about the
company. Negotiating the terms of the agreement
is where the skills and experience of the sellers’
lawyers are perhaps most in evidence as this tends
to be where the ‘deal’ is won or lost. How hard a
bargain each party can drive depends to a large
degree on their relative bargaining positions but it
is not unfair to say that a good lawyer can play a
poor hand more effectively that a poor lawyer can
play a good hand. Securing the right deal is about
knowing which cards to play and when to play
them. For sellers, a good outcome is achieved
when, at completion, the headline price offered at
the outset has not been reduced without good
reason and that, following completion, there are
unlikely to be any warranty claims that could
claw back the sale proceeds paid to the sellers.
Much of the negotiation tends to be around the
nature and form of the warranties being given
and the limitations as to when and how the buyer
can make a claim under the warranties.
Disclosure letter - Selling shareholders can be
protected from a claim for breach of a warranty
in the sale and purchase agreement in three main
ways. The first way is for the warranties to be
worded correctly. So, for example, a warranty that
says ‘there is no outstanding litigation against the
company’ can be qualified to say ‘the warrantors
have not received written notice of any litigation
against the company’. This may appear to be
semantics, but it can make all the difference if it
turns out that a claim had been brought against
the company but this had not yet come to the
notice of the shareholders. The second way is to
limit the buyer’s ability to bring a warranty claim
by limiting the time within which a claim can be
brought and by excluding minor breaches below
certain value limits (called ‘de minimis’ claims).
The third way is via a document called a
disclosure letter. This letter is issued by the sellers
with the assistance of their lawyers shortly before
completion and discloses anything that the sellers
Continuing Competence –
Chat & chew!
want to make the buyer aware of that could cause
the sellers to be in breach of a warranty. So,
taking the same warranty above as an example,
the disclosure letter might say ‘with regard to
warranty X, the sellers disclose that a claim has
been brought against the company from XYZ
Limited, details of which are attached to this
disclosure letter in Appendix 1’. If the buyer
accepts this disclosure (without the protection of
an indemnity, a retention or a price adjustment)
and proceeds to complete the transaction, the
buyer will not be able to sue the selling
shareholders for breach of that warranty arising
from the disclosed matter. Had the warranty not
been disclosed against in this way, the chances are
the buyer could bring such a claim.
Pre-completion consents and consultations -
Completion of the sale of a company may be
dependent on the sellers securing various
consents from banks, regulators, competition
authorities and others. It may also be dependent
on carrying out certain consultations, for example
with the company’s employees. Managing these
issues can be tricky and time-consuming and
needs the sellers and their professional advisers to
work closely together to make this run smoothly.
Completion - At last, the day comes when the
due diligence process has been finalised, the
documentation is agreed, the necessary consents
have been obtained and consultations concluded
and the parties are ready to complete. The parties
will commonly meet together with their advisers
present, sign all the documentation and complete
the transaction. Whilst this should really be an
administrative process, it is surprising how many
issues can be raised at the last minute and the
sellers’ lawyers may need to act robustly to bring
matters to a satisfactory conclusion. The last job
for the sellers’ lawyers is to receive payment for
the shares, settle any agreed liabilities, distribute
the net proceeds to the selling shareholders and
attend to any post-completion formalities.
Oh, and to open a bottle of chilled champagne to
enable the parties to toast a successful outcome!
© O’Connors LLP. O’Connors is a Liverpool
and London-based corporate and commercial
law firm that advises businesses on start-ups,
structures, funding, private equity investment,
mergers, acquisitions, disposals, joint ventures
and commercial agreements. For further
information, please contact John Spofforth,
David Malone or Mark O’Connor at
O’Connors via www.oconnorsllp.co.uk.
On Friday 20th January, I got together with a couple of training contacts* over an
informal lunch, to discuss the new continuing competency regime.
Although only a small group there was a varied range of firm sizes and roles represented,
which made for a really interesting discussion.
It was helpful for me in my role to hear about the processes, problems & possible solutions,
we could share. Hopefully this feeling was reciprocated by the attendees as they asked to
come back!
There will be another ‘chat & chew’ session on Friday 19th May, 12.30pm. If you would
like to attend, please contact: cpdevents@liverpoollawsociety.org.uk
*If you are involved in any aspect of training within your firm, this event is for you.
Jo Downey, Director of Education & Training,
Liverpool Law Society
Email: jo@liverpoollawsociety.org.uk Tel: 0151 236 6998 ext 22
www.liverpoollawsociety.org.uk
13
Movers & Shakers
Santander incubator hub to
offer free Kirwans legal clinic
O’Connors expands Corporate Team
with appointment of Christina Millan
Leading law firm Kirwans has joined forces with Santander to
provide a free legal clinic at the bank’s first incubator for fast
growth firms in Liverpool.
Commercial lawyer James Pressley will host the monthly sessions,
which will offer legal advice to the early-stage businesses based
there.
Assistance will be given on all aspects of business and intellectual
property law, ranging from start-up necessities to growth funding
advice.
The Santander incubator hub opened in July 2014 as a way for the
bank to support new enterprises in ways other than direct finance.
It assists 30 early-stage businesses with scalable business models and
ambitions to create employment opportunities through its wider hub
community in sectors ranging from education and health
technologies to gaming, media, construction and design.
The incubator’s ‘hothouse’ environment means that budding
businesses can develop their skills and contacts while also accessing
essential practical support such as the legal advice provided by
Kirwans.
Lynne Robertson, incubator manager at Santander said: “Research
shows that businesses are more likely to succeed and grow if they
have access to mentoring, advice and a network of contacts, and as a
bank we’re in a strong position to offer this.
“We tailor our support to meet the needs of the businesses. This
means that rather than run a traditional accelerator programme we
take a ‘just-in-time’ approach to make sure we provide the support
that each business needs at the right time for them.
“Working with other stakeholders is critical to what we do; offering
the type of support that Kirwans is providing means that we help
our founders future-proof their businesses, giving them access to
professional advice they may otherwise not obtain.”
James Pressley from Kirwans said: “The continued emergence of
new business ventures is a vital component of the growth of the
economy, both on a regional and national basis, which is why it is
imperative that they are given as much support as possible in their
early months of trading.
“It is common for new start-ups to focus on making sales, but they
may overlook important legal obligations, so Kirwans’ legal presence
at Santander’s incubator should help to reassure and guide
companies through what can appear to be a minefield of start-up
legalities.”
Liverpool and London-based law firm, O’Connors, has appointed
corporate lawyer Christina Millan to its corporate team as it
continues to build for the future. Christina joins from the
Liverpool office of DWF LLP where she handled a wide variety
of corporate and commercial transactions and corporate
governance work.
O’Connors has gained a national and international reputation for
delivering corporate, commercial, insurance and regulatory advice
and sector expertise to help clients evaluate and manage risks and
opportunities, wherever in the world they are doing business.
Christina’s appointment expands the firm’s capacity to handle the
growing number of corporate transactions now being generated from
within the firm’s entrepreneurial client base.
Christina said: “I am very passionate about the North West having
lived, trained and worked here and I see a growing demand from the
region’s successful businesses to buy specialist professional services
locally, where such services are available. I believe the O’Connors
legal project management model, which enables experienced
transaction lawyers to stay hands-on at all times and deliver better
support, cost control and results for clients, is exactly what the
market is looking to buy and I am hugely excited to be part of this
innovation.”
Commenting on Christina’s appointment, head of corporate John
Spofforth said: “Christina brings many things to the firm, in
particular her corporate transaction experience and project
management skills which fit perfectly with our business model. Our
team now comprises eleven lawyers and a five-strong experienced
support group. As the economy continues to defy the global
uncertainties and transactional activity continues to increase, I could
see us making further appointments during this year.”
O’Connors was founded in 2003 and is highly ranked by Legal 500
for the ‘quality of client care’ and for ‘combining intellectual
knowledge with a savvy approach to issues’. The firm has developed
a national and international reputation for clear thinking and for
effective management of large and complex projects and
transactions. Clients include manufacturers, distributors, hirers,
technology companies, investment funds, insurers, insurance brokers,
public sector bodies, financial advisers and legal services businesses.
14 www.liverpoollawsociety.org.uk
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Want to grow your practice?
Looking to improve operational performance?
Implementing Lexcel can help achieve this, and much more.
To discuss the benefits Lexcel can bring to your practice call Tracy Thompson on 07702 040784 or
email tt@tracythompsonassociates.co.uk
www.tracythompsonassociates.co.uk
LEXCEL CONSULTANCY * BUSINESS PLANNING * RISK & COMPLIANCE SERVICES * MARKETING STRATEGY * INTERNAL AUDITING * AWARD/TENDER/PII APPLICATION ASSSISTANCE
Industry recognition
for niche lawyers
A Wirral- based niche personal
injury defence firm, has been
shortlisted for a prestigious
award by the body which
promotes Liverpool’s maritime
industry as a world class
Centre of Excellence.
DGB Solicitors is up for the
Mersey Maritime Industry
Awards 2017 in the Maritime
Professional Services category.
The Hoylake-based law firm was
formed by Principal, Debbie
Black in 2003 and specialises in
the defence of personal injury
claims, in particular marine
related injury claims. DGB
provide bespoke representation
for a mix of insurance
companies, P & I Clubs and
businesses.
The firm has developed a highly
competitive business which is
fast becoming a market leader in
innovative client care and
specialist advice. The team, led
by Debbie Black, has created a
strong market presence and are
delighted to have been
nominated in such an important
business category.
Debbie said “When I took a step
off the ladder of a large
corporate firm in 2003, my
business vision was to provide a
high calibre, competitively
priced, flexible legal service to
clients. This inevitably involved
considering the way in which
legal services are delivered,
embracing a number of business
technologies.”
“We are highly collaborative,
innovative and outward-looking;
committed to sharing good
practice and ideas. We are keen
to promote the North West as
the “go to” destination for
expertise in maritime
professional services and to
work with others to establish
this.
Debbie Black
Mersey Maritime’s Chief
Executive, Chris Shirling-Rooke,
has stated that “… the number
and quality of entries for the
2017 Mersey Maritime Industry
Awards has risen for the third
consecutive year, which will
make for an exciting awards
evening”.
Responding to this Debbie
continued: “This makes it all the
more thrilling to be shortlisted
alongside other highly
prestigious firms. It’s terrific
recognition for the team and all
their hard work. Small and
medium sized businesses are
absolutely crucial to the
economy in the current climate
and this type of award provides
that extra incentive to those at
the sharp end who are working
away. It also helps to put the
North West firmly on the map
as the innovative and thriving
business destination we all know
it to be.”
The winner will be announced
by BBC presenter Louise
Minchin at a black tie Awards
Dinner on 9th March 2017 at
Liverpool Football Club.
Rachael Allen joins Hill Dickinson’s
growing property team
Rachael Allen has joined International law firm Hill Dickinson’s
property team as Senior Associate.
Rachael has crossed the Pennines and returned to her home town of
Liverpool, after having gained a wealth of experience in dealing
with real estate transactions within the esteemed real estate team at
Nabarro. Rachael joined Nabarro’s real estate team in Sheffield as a
newly qualified solicitor back in 2005.
Rachael will work within Hill Dickinson’s growing property and
construction team, which is led by David Swaffield, and will advise
a wide range of clients on property work including sales,
acquisitions, landlord and tenant matters, due diligence, corporate
and banking support work.
Commenting on her return to Liverpool and joining Hill Dickinson
Rachael said: “I am really pleased to be returning to Liverpool, the
city where I went to school, college and university, and where my
family still live.
Hill Dickinson has an extremely strong client base including names
such as DHL, Peel, Iceland, Cammell Laird and Co-operative
Group. Its property team is one of the fastest growing in the north
and it was a great opportunity for me to join at a time of rapid
expansion and to be working alongside some of the leading property
law professionals in the UK.”
Head of Hill Dickinson’s Property team David Swaffield said:
“Rachael brings over a decade of property law experience to the
firm and joins us at an important time as this dynamic team builds
on its recent success and plans for further growth in 2017.”
Rachael Allen
www.liverpoollawsociety.org.uk
15
Movers & Shakers
MSB appoint 5 new partners following
major recruitment drive
Leading Liverpool law firm MSB
Solicitors has appointed 5 new partners
after staff numbers rose by more than 30
per cent in 2016.
Brad Armstrong, Hayley Catherall, Paul
Gallagher, Nicola Harris and Emma Palmer
will join 9 existing partners with effect from
March 1.
Brad Armstrong joined MSB just last year
to manage the expansion of the firm’s plot
sales department. The team marked a
record year, which saw them complete more
than 1,250 units in the Liverpool city
region.
Paul Gallager heads up Crown Court
litigation at MSB and joined the firm when
it was founded in 1988. Paul has been an
accredited police station representative since
the inception of the scheme in 1996 and
predominantly represents clients in serious
crime cases, including murder and drug
importation.
Nicola Harris graduated in law from the
University of Liverpool in 2004 and joined
MSB as a trainee solicitor the following
year. She qualified as a solicitor in 2007
before working as an associate in the firm's
matrimonial department.
Nicola is on the Law Society Children’s
Panel and is a Resolution-accredited
specialist in domestic violence and
children’s issues.
Emma Palmer joined MSB in 2007 having
graduated from University of Leicester.
With particular expertise in women’s and
children’s matters, Emma is on the Law
Society’s Children Panel and is a Resolution
accredited specialist in child abduction,
domestic abuse, forced marriage and
honour based violence.
Both Nicola and Emma have two children
under the age of four.
Hayley Catherall has been with the firm for
more than 10 years, and is one of a number
at MSB who followed a non-traditional
route into law. Hayley qualified as legal
executive in 2000 and a Fellow in 2002,
having taken up work as an assistant in a
solicitor’s office after leaving school.
L-R: Emma Palmer, Paul Gallagher
Hayley Catherall, Nicola Harris and
Brad Armstrong
firms promise to support, enable and
promote all members of staff.
“I’m incredibly proud to be part of a firm
that has succeeding in creating an
environment where all our staff can achieve
their potential.
“When I joined MSB in 2000, it was an allmale
partnership and I was the only female
solicitor. 16 years later, we now have an
equal gender partnership with 7 female
partners and 28 female solicitors working in
the firm – so clearly we have created an
environment in which women feel they can
achieve.
“In the last four years, there have been 20
babies born within the firm and all of those
women, like Nicola and Emma, have
returned to work at MSB. It is an incredible
achievement and something I am very
proud of.”
Managing partner at MSB, Paul Bibby adds:
“It is an exciting time for MSB and this
announcement of our new partners follows
a year of accelerated recruitment in the firm
in order to meet the demands of new work.
“We are now a 14 partner firm and can
confidently draw on the experience of
people like Paul Gallagher, who has been
with us since our inception and has had a
demonstrable impact on our growth and
development over the years – and Brad
Armstrong, who joined the firm in only
2016 but has already overseen a record year
for his department.
16 www.liverpoollawsociety.org.uk
Hayley has a wealth of experience in all
aspects of family law and is an accredited
Resolution specialist in the areas of cohabitation
and domestic violence.
Partner and head of the family team at
MSB, Emma Carey said: “I am beyond
delighted that 3 of my team have been
invited to be partners with the firm. Not
only is this testament to their hard work,
commitment and capability – but also to the
“It is clear we have the right mix of skills
and expertise now to continue to drive
forward and I am incredibly excited for the
year ahead.”
MSB grew its team by almost a third last
year and now employ more than 100 staff
and consultants across 3 offices in Allerton,
Wavertree and St Paul’s Square.
Bar News
Complete Counsel expands team
Complete Counsel, which launched in 2015, is an innovative digital based model which
enables Barristers to practise as sole practitioners or from existing Chambers, but with
appropriate support from experienced experts on a contractual basis.
Claire Labio, Practice Director commented ‘We are approaching our second anniversary and
experience has so far shown that if a Barrister does engage and follow the guidance given they will see real
growth in terms of practice and cash flow. What started out as a project that others in the profession said
would never last nor attract more Barristers than the 1 it started with, is now flourishing and is 7 strong.
We are about to achieve ISO 9001 accreditation having passed Stage 1, demonstrating our ability to
consistently provide a quality management system and enhance client satisfaction.I was recently asked if
Barristers using the service from outside of Liverpool were just ‘Door Tenants’. Traditionally Chambers
accepted Barristers on to their door to enhance their offering visually whilst not really having much to do
with the actual development of that Barristers practice. We do not use the term ‘Door Tenant’ for that very
reason. Our Barristers receive on to one personal development whether they are with us full time or not.’
The two new additions are Tom Goodhead and James Byrne, both practitioners at 9 Gough
Square in London. Tom and James were looking for a northern base to complement their
southern practices in a way which would help them but would not conflict in relation to their
primary tenancy. Claire explained ‘Tom and James are experienced PI, Clinical Negligence and
Product Liability specialists.
Michael Sherry
They recognised that we could offer them solid links and exposure in the North which would in
turn increase their practices’
Tom Goodhead
"I have always undertaken a significant amount of work in the North West but have never had
a base to call home in the region. Through Complete Counsel and the exceptional clerking of
Claire Labio, I have the opportunity to service existing clients better and look forward to
meeting new clients in the region."
James Byrne
“I am finding already that working with Claire and the Complete Counsel team will be
invaluable to me in building my practice in the North West.
Tom Goodhead
The personal relationships that they have with the leading Liverpool firms has opened doors for
me which would have been very difficult to unlock without them."
Tom and James are not the only ones using the service in this way. Michael Sherry, Head of
Temple Tax Chambers has been with Complete Counsel for a year now. Michael specialises in
private client, tax planning, VAT and related areas. He is originally from Bolton and already
had some connections in the area. Michael wanted to develop his practice in the North, but in
a way which was cost effective and would not create any conflict in relation to his continuing
practice as Head of Chambers, Temple Tax Chambers.
Michael Sherry
"Whilst maintaining my position at Temple Tax as Head of Chambers, I see making the Bar
more accessible to professionals and clients in the North West a priority for a specialist. It is
a question of using a service that has local knowledge and will develop contacts and
opportunities.”
James Byrne
Further information about Complete Counsel contact.
claire.labio@completecounsel.co.uk
Need an expert in medical or
dental negligence?
Refer to us. City
: Allerton : Garston
0151 733 3353
www.gadllp.co.uk
www.liverpoollawsociety.org.uk
17
Feature
Fixed recoverable costs review seminar
Manchester 7th February 2017 report
Prior to the seminars attendees were circulated a note from Jackson
LJ regarding the series of seminars quoting from Final Report of
Briggs LJ and from the Lord Chancellor’s paper to Parliament of 15th
September 2016, both expressing the view that costs remained
disproportionate in small to medium value cases.
The note made clear what was expected of the participants:
The purpose of the seminars is to obtain constructive input from court users into
this exercise. People who come along and simply say “don’t do it at all” will not
be providing any assistance. By all means let people say, if it be their view, “I
don’t agree with fixed recoverable costs, but if you are going to do it, this is what
I recommend …”
Finally, the note made clear Sir Rupert’s view:
Although I hold the view that fixed recoverable costs would be beneficial for lower
value cases, I will keep an open mind for the time being about what types and
levels of cases should fall within such a regime and what the costs figures should
be.
The structure of the seminar comprised a brief introduction from Sir
Rupert, then two twenty minute talks, general discussion followed by a
further two talks and discussion.
Sir Rupert emphasised at the outset that his remit was to extend fixed
costs to those cases in the fast track that are not currently subject to fixed
costs and to cases on the multi track which can properly be the subject of
fixed costs. In particular, he would not just be looking at costs
themselves but also procedures themselves. He stated with reference to
the seminars that took place prior to his previous reports that the
contributions made in the seminars were invaluable.
The first formal talk was given by John Mead, Technical Director of the
NHSLA. He was clear about the NHSLA’s position. It was fully in
favour for fixing costs across all personal injury litigation and that in
respect of clinical negligence cases the damages ceiling for such costs to
apply should initially be £100,000 with a view to extending that to
£250,000 shortly thereafter. There should be limited exceptions to that
and gave examples of group litigation, cases involving what he termed
“serial offenders” be they individuals or otherwise, where there had been
unreasonable/unprofessional behaviour and cases of “exceptional
complexity” within the context of clinical negligence claims generally.
The reason for that position was that despite LASPO (which he
considered to have been largely a success) disproportionate costs were
still a significant problem and some examples were given. In short, as
long as costs were being recovered by reference to an hourly rate there
was “no incentive to stop the meter running”. He was also of the view
that costs budgeting was not working as well as it could with incurred
costs being a particular problem in clinical negligence cases which were
approximately one third of total recovered costs and that some court
approved budgets were still disproportionate.
In terms of the mechanics of fixed costs the NHSLA advocated a
scheme that differentiated by stage and value of the claim as opposed to
its complexity. He suggested that there may be a discount for an early
admission of liability but that this should be accompanied by earlier
disclosure by both side of breach of duty and causation evidence. He
suggested that this should be done but the Claimant with the letter of
claim and by the Defendant with the letter of response.
The second formal talk was given by Darryl Allen QC on behalf of
primarily PIBA but also PNBA. The position of both organisations was
that whilst it was recognised that fixed costs would be extended
horizontally to all fast track work any extension to multi track cases was
firmly opposed. In that respect, personal injury and clinical negligence
litigation was different to all other types of civil litigation given its nature
and that invariably it involved an individual taking on a sizeable
institution.
He stated that fixed costs in the fast track thus far had not improved
access to justice – the status quo had been at best maintained. Whilst
fast track litigation could be characterised as litigation by numbers that
was not the case for multi track cases where the swings and roundabouts
effect of fixed costs would not work. Access to justice would be harmed
18 www.liverpoollawsociety.org.uk
by extending fixed costs to the multi track as there was a danger that low
value but complex claims would not be taken on with similar results as
predicted by the Association of District Judges in relation to extending
the ambit of the small claims track.
He attacked the arguments in favour of vertical extension of fixed costs,
being reducing costs and certainty as “illusory” in that if fixed costs
were calculated by reference to damages the costs liability could only be
known at the conclusion. It was incumbent on those advocating change
to prove that (a) costs were too high and (b) existing control measures
don’t work and can’t work in the future.
In that respect, he stated that is was the experience of PIBA and PNBA
members that budgeting was now working well. If it was asserted to the
contrary then some properly evidence-based analysis of budget approved
by the court should be undertaken. Comparing fixed costs to budgeting,
fixed costs were “a blunt tool” whereas budgeting provided “bespoke
fixed costs”.
If costs were to be fixed than such should be done not just by reference
to damages but to the other factors that make up the current
proportionality test.
In respect of the likely impact on his members then the experience of
fixed costs in the fast track is that the junior Bar was no longer involved
in such cases pre-trial despite Sir Rupert’s view in his previous reports
that the junior Bar had a valuable role to play in such cases. That lack of
involvement of led to Counsel being instructed on a CFA basis on
poorly prepared cases that had little prospect of success that were being
run due QWOCS where there was little to lose by doing so. In that
respect of fixed costs were to be extended into the multi track then the
work currently done on such cases by the junior Bar should be ringfenced.
If not, “the personal injury Bar will wither”.
There then followed what I thought was the most telling exchange of the
first half of the seminar between Master Cook (QBD Master) and Sir
Rupert. Master Cook stated that whilst the introduction of budgeting
had been fraught with difficulty it was now working in the High Court
especially as more budgets were being agreed between the parties. The
problem that remained was incurred costs which cannot be interfered
with at the budgeting phase (although comments can be made as to the
level of such costs). He advocated that ways to control pre-issue and prebudgeting
costs should be considered including fixing such costs.
Sir Rupert than asked Master Cook that if control of pre-issue and prebudgeting
costs could be achieved should he be looking at fixing costs on
the multi track for clinical negligence cases. Master Cook’s response was
that in those circumstances “costs budgeting will do the trick” as there is
no “typical” clinical negligence case and the most sophisticated way to
deal with such cases is by active costs and case management.
Master Cook added that one of the problems with budgeting initially
was in the form and extent of the training provided to the judiciary but
this had now been addressed so as to ensure greater consistency between
court centres. Sir Rupert stated that he would emphasise the importance
of training in costs management in his report.
Thus to the second half.
The first formal talk was from Brett Dixon of APIL who is also a
member of the Civil Procedure Rules Committee. He emphasised that
the seminar should not be about costs but about the rights of those
injured and their access to justice.
It was only now that the full effects of fixed costs could be evaluated in
light of some of the recent Court of Appeal decisions in relation to
aspects of the scheme.
Relating costs purely to value was wrong in APIL’s view. Examples of
cases where that created inequities had been provided in APIL’s written
response to the consultation. It was only in fast track personal injury
litigation that costs could be fixed. He cited Professor Fenn’s views that
he did not support fixing costs in cases beyond the fast track at the
present time.
Collaboration was already taking place on a cross party basis in relation
to NIHL claims and in particular in relation to the preparation of the
Feature
Serious Injury Guide. In cases where both
parties adhered to that Guide settlements of
substantial cases can be achieved by cooperation
prior to the issue of any
proceedings.
Finally, it was APIL’s experience that costs
budgeting was now working well and all of the
available data supported that view.
Finally, Nigel Teesdale put forward the views
of FOIL. FOIL had been a long term
supporter of fixed costs. He highlighted that
there were still issues with the current regime
which needed addressing and gave the costs of
Part 8 costs only proceedings and credit hire as
examples. In the latter respect consideration
should be given to increasing the fast track
limit for cases involving substantial claims for
credit hire.
He commented on the draft grid that formed
part of Sir Rupert’s January 2016 lecture and
accompanying paper (which had defined the
stages of fixed costs by reference to the stages
of a costs budget). He expressed concern in
defining which stages had been reached using
that approach as a Claimant would be
spending time dealing with disclosure, witness
and expert evidence pre-issue. There was a
danger in seeing litigation as a jigsaw rather
than as a chronological process and he
advocated a sophisticated chronological
approach to staging.
More generally, FOIL was of the view that
fixed costs should be extended but in an
incremental manner rather than by way of a
“big bang”. In that context, it was appropriate
to fix costs for lower value multi track personal
injury claims.
Finally, he referred to the various other
initiatives and consultations in being, such as
the Department of Health fixed costs
consultation, consideration of NIHL claims,
the small claims limit review and the reports
by Briggs LJ amongst others and emphasised
the need for a joined up approach to reform
generally.
As part of the documents circulated ahead of
the seminar were papers by Kerry Underwood
putting forward fully worked grids of fixed
costs across the fast track and the multi track
for claims of up to £250,000 for both personal
injury claims and all other forms of civil
litigation. Sir Rupert therefore invited Kerry to
speak to those papers.
In a typically forthright address, he stated that
the system was not there to serve solicitors, the
junior Bar or costs lawyers. Self-serving
submissions were politically deeply
unattractive. There had been abuse of the
system and that had to be recognised, from
referral fees, the manner in some NIHL claims
were conducted and the relationships between
some firms of solicitors and medico-legal
agencies.
In general, fixed costs work. In particular, he
cited that the Intellectual Property and
Enterprise fixed costs scheme was generally
liked by the lawyers using it (based on views
expressed at the Leeds seminar).
Where problems arose with the interpretation
of any fixed costs scheme then cases should be
fast tracked to the Court of Appeal for
determination in a matter of months rather
than years.
In respect of the tables and figures he had
produced then he commented that where cases
settle early costs should be lower, the current
Portal costs were too low and the current postallocation
pre-listing stage should be removed
particularly as many fast track claims were
listed for trial upon allocation in any event.
Where liability is in issue the trial advocate’s
fee should be doubled from the figures in the
tables. He agreed with the suggestion that
provision be made for abated brief fees by way
of a separate fee to reflect pre-trial preparation
by the advocate. Beyond that the Bar was vital
but there would be nothing new about fee
sharing. Such had been the case previously in
respect of criminal magistrates’ court work.
The final general discussion then took place.
In response to points made by Paul Edwards
of Hill Dickinson that there should be
exceptions to fixed costs for child abuse
litigation, marine and shipping claims and
other claims with an international dimension,
Sir Rupert floated the notion of an
“intermediate” track between the fast and
multi track to which fixed costs would apply
(potentially with ring-fencing for Advices etc..)
and “full” multi track claims which would
proceed by way of budgeting.
Sir Rupert emphasised that the seminars were
part of a fact-finding exercise and any
suggestions he made during the course of
them were just that.
Further speakers addressed issues of conduct
especially in clinical negligence litigation.
Speakers on behalf of Claimants highlighted
the difficulties of dealing with the NHSLA in
particular which drove up costs. By way of
response it was suggested that Claimant’s
representatives increased costs by drip feeding
offers, making partial disclosure and frontloading
costs generally.
Finally, Sir Rupert asked Senior Master
Fontaine to give her comments on matters
raised. She expressed her concern that
personal injury and clinical negligence
litigation beyond the fast track has its own
special difficulties and nuances as previously
highlighted by Darryl Allen QC especially in
relation to clinical negligence litigation.
Process needed to be looked at in conjunction
with costs. She cited the streamlined procedure
for mesothelioma claims which meant that she
had never had to budget such a claim partly as
the costs were lowered by the process that had
been put in place.
She endorsed the comments made earlier by
Master Cook regarding the effectiveness of
budgeting in that it now works well as in part
more budgets were being agreed between the
parties but that the issue of incurred costs
needed to be addressed.
Sir Rupert then thanked everyone for
attending and that his initial report will be
published by 31st July 2017.
David Pilling
Barrister
Liverpool Civil Law.
-
www.liverpoollawsociety.org.uk
19
Council Member’s Report
Council Member’s Report
The latest news from Charlie Jones, Council Member for Merseyside
I attended a Council meeting in
Chancery Lane on 8 February
2017. You will probably
appreciate that this Council
meeting was the first meeting
following the resignation of
Catherine Dixon. President
Robert Bourns gave Council a
full de-brief as to what had
occurred following Catherine’s
indication that she was
considering her position towards
the end of 2016. Discussions had
taken place but ultimately she
found it necessary to hand in her
resignation at the beginning of
2017. By this time she had
managed to find herself an
alternative position. Robert was
congratulated by Council for the
way in which he handled an
extremely difficult situation.
Council wished Catherine well in
her future career, and thanked
her for what she had done in her
short time with the Law Society
as Chief Executive, and resolved
to move on.
To that end, Paul Tennant has
been appointed as interim CEO.
Paul has had long term experience
as Chief Executive of Orbit
Housing Group, and for a time
was also Chair of the Housing
Representative Body. He therefore
has experience of being CEO of
not for profit organisations, and
there is confidence that he will be
able to assist us on an interim
basis, while the task of appointing
a permanent replacement CEO
continues. The purpose of the
appointment is intended to
support the Society deliver the
agreed business plan.
Stakeholders, including the LSP
and the SRA have been informed.
President Bourns is now putting in
hand the important task of seeking
a permanent replacement for
Catherine, and it is felt that it is
important that the governance
issue is resolved before anyone
takes the job on. This makes
eminent sense.
To that end, the issue of
governance continues at pace. It is
likely that even if governance is
not resolved by the time Robert’s
presidency finishes, he will see
that issue through to the end in
any event. There is much resolve
to properly address this issue. I
have said before that Rome was
not built in a day, however, and I
suspect even the Romans may
have been easier to deal with than
lawyers! Change for change sake is
not worth it and we must get it
right.
At the next Council meeting on 22
March, there will be a facilitated
governance discussion. In the
meantime, outside governance
facilitators, from The Good
Governance Institute, have been
appointed to explore what we
need, why we need it, and where
we are going. This issue is in
hand, and rest assured Council is
aware that you, the profession and
membership, want it dealt with
soon.
The night before the Council
meeting we had an interesting and
very useful presentation from
Sophia Adams Bhatti, Director of
Legal Regulatory Policy at the
Law Society. Sophia is
responsible for energising the
various groups that produce the
replies to consultation papers. As
you will note if you are involved
in Liverpool Law Society, there
are a lot of consultation papers
that affect our profession. We
have volunteers that do it at
Liverpool Law Society, some
under pressure, some willingly, but
whichever, it takes a lot of time.
Not all consultation papers are
responded to, because those
volunteers do not have sufficient
time. At Chancery Lane, it is
right and proper that all
consultation papers affecting our
profession should be responded to.
This takes a lot of work, often
unheard of and unseen and
unrecognised work. Sophia is
responsible for overseeing this.
You would be surprised at how
much is involved. The Law
Society groups that affect our
profession are endless, and I name
just a few here:-
Criminal, Housing, Law
Management, Civil Justice,
Family, Commercial, Company,
Commercial Property, Residential
Property etc etc. The list is long.
This all has to be looked into for
the benefit of our profession in the
little silos in which we work. If
you are interested in hearing and
learning more about these groups
and the work that Sophia does,
look on the TLS website, or
contact me. I am sure you would
be surprised at what is involved.
On 2 February 2017 I attended a
20 www.liverpoollawsociety.org.uk
Dinner at ANWLS in Leyland.
This was an interesting dinner at
which Joe Egan, DVP of the Law
Society, explained what had
happened with regard to Catherine
Dixon. It was clear, even a month
on, that there was still some
misinformation up and down the
country! Joe put matters right.
On 31 January 2017 I attended a
meeting of the Civil Justice Group
in London and also the Law
Society Gazette Editorial
Advisory Board. In so far as the
latter is concerned, I have received
some comments from members
about the content of the Gazette.
I would be interested to receive
further comments from anyone
else. Is this what you want?
What could be in it, but is not?
What should be excluded? Should
there be local articles in the
National Gazette? It is your
publication. Let me know. Also,
the cost of the paper edition is
enormous. In these days of IT,
can I encourage those who can to
stop taking the paper copy, and
only read it on-line. It is exactly
the same, but does save forests.
The Civil Justice Group are
obviously concerned in relation to
the proposed reforms to the small
claims limit and most particularly
the government’s apparent
intention to ban the concept of
whiplash compensation below
£10,000. Liverpool Law Society
presented a response to the
consultation paper, and The Law
Society did likewise: a very well
worked through document.
Attempts were made to focus on
the damage to access to justice. It
was also pointed out indirectly
that the Treasury will suffer, if
lawyers are not in employment.
Individual firms also provided
responses. In Liverpool, very well
done to Kirsty McKno, for all her
hard work and enthusiasm and
drive in this respect.
Cyber security is becoming a
considerable concern, and in that
respect I would refer you all to the
Law Society’s latest blog from
Mark Leiser, who looks at what
firms can learn from the scandal
of the Panama papers leak. The
weakest link in law firm cyber
security is ……….. Its people!
This area of concern should not
be underestimated. There has
been good Law Society coverage
in the media, not least the
interview of the President on BBC
Television News and BBC Radio
Birmingham about professional
standards in the Solicitor
profession following the finding
on Phil Shiner by the SDT.
Robert stressed the high
professional and ethical standards
that solicitors are held to and the
robust, effective and transparent
regulatory disciplinary procedures
required to deal with misconduct.
This point should not be forgotten
when one considers that there is a
continuing attempt to devalue the
work of solicitors, and therefore
devaluing our standards.
The government has also claimed
that there is no evidence that
Employment Tribunal fees are
limiting access to justice. The
Law Society challenges this.
President Bourns pointed out that
“The evidence in (the
governments) own report suggests
that tens of thousands of people
are slipping through the cracks”.
The Society will be responding to
the government’s consultation that
accompanies the government’s
long awaited review on the impact
of fees.
There are a lot of other things
going on too, but I cannot go on
for ever …… Thank goodness you
will say!!! Be that as it may, your
Law Society is working hard for
you and please, therefore, if you
get the opportunity, let me know
what you think about anything at
all that affects our Profession.
Charlie Jones. Weightmans LLP.
Co Council Member Merseyside
and District. 01512427919.
Charlie.jones @weightmans.com
Private Client
Why Wills?
I am a solicitor with three years’ PQE
working in the Wills, Trusts and Probate
Department at MLP Law Ltd. When I talk
to other solicitors about my area of
specialism, the impression they tend to have
is that working in a Private Client department
would be a joyless and bleak affair. As a
result, it is often an area of law which many
law students, trainees and newly-qualified
solicitors do not even consider qualifying
into.
In some ways, these initial impressions of my
work may ring true. Yes, I do talk about death
every working day of my life. I can either be
dealing with the administration of an estate, or
meeting with clients to discuss what they can
do now to protect their assets and ensure that
their families are well provided for after their
death. I also deal just as often with discussions
about loss of mental capacity, and what would
happen if someone is unable to deal with their
affairs themselves in the future. These subjects
are hardly light-hearted. However, I rarely feel
that my day-to-day work is depressing. In fact,
often, a little bit of well-timed humour and
friendly conversation can make clients feel
more at ease with such difficult conversations.
There have been times when my job has been
incredibly sad. Seeing terminally ill clients is
always difficult, as is seeing a client who has
clearly lost their mental capacity. Preparing
deathbed Wills are always an unpleasant
experience, but I have been fortunate to have
done very few of these so far in my career.
Meeting with the family of a person who has
recently died can also be difficult but,
surprisingly, most families are very
unemotional when they come in to discuss a
relative’s estate. This seems to be either
because the death was expected so they have
come to terms with the situation prior to the
person’s death, or because they are focusing on
dealing with practical matters, rather than on
their grief. However, in all of these types of
situation, I have always taken comfort in the
fact that I am directly helping and reassuring
the clients at an extremely difficult time for
them personally.
I understand why people might feel that
working as a Private Client lawyer may not be
for them. I myself did not intend to qualify
into this area. I did not study any Private
Client modules during my degree or my LPC,
and was under the same impressions about the
gloomy nature of the work as many other
people. I fell into a Private Client role when I
first started working as a paralegal and, since
then, have never even considered doing
anything else as a career. I am passionate
about my line of work and I really enjoy my
job. It is also an area of law which I think has
much to offer for a newly-qualified solicitor.
Some people may feel that this line of work is
not for them, as it may not be as fast-paced or
high-pressured as they would like. Whilst the
pressures of Private Client work may not come
from time-related deadlines, it is very technical
work, which comes with its own challenges. I
do a lot of drafting of documents; Wills,
Lasting Powers of Attorney, IHT forms, Oaths
and trust documents. Drafting these
documents almost always involves an in-depth
consideration of a client’s family circumstances
and their assets, and a wider consideration of
any tax implications. It is also important to be
good with numbers, as a Private Client lawyer
will spend a lot of time balancing estate
accounts and discussing tax planning.
I particularly enjoy that my days are extremely
varied. One minute, I may be visiting a client
in a care home to discuss a Lasting Power of
Attorney, the next I may be speaking to a
business owner to discuss how they can protect
their assets for future generations, and how to
mitigate their inheritance tax liability.
As a Private Client lawyer, giving proper advice
demands that you get to know your clients and
their wider family circumstances. Often, clients
(and sometimes their whole families) will come
back to you time and again to discuss their
changing family circumstances and review their
Wills, so you find that you often develop longstanding
relationships with your clients and
their families.
It is also the case that Private Client law is less
affected by a recession or changes in the law
than other areas. Everyone has heard
Benjamin Franklin’s famous saying ‘In this
world, nothing can be said to be certain, except
death and taxes’ and a Private Client lawyer
deals with both! The recession did take a toll
on Private Client work and, nowadays, more
people are inclined to try and deal with the
administration of an estate or a Lasting Power
of Attorney themselves. The rise of Will
writers, and cheap Wills offered by companies
such as Groupon have also had an impact on
our work. However, it is fair to say that Private
Client work remains reasonably steady and
stable.
I would encourage anyone thinking about the
area they want to qualify into to consider
Private Client work, and not to automatically
dismiss this area due to any pre-conceived
ideas. It’s a varied, interesting and technically
challenging job, and you might be better suited
to it than you think!
Rachel Eley
MLP Law Ltd
www.liverpoollawsociety.org.uk
21
Law Update
Court’s permission required
to enforce a Suspended
Possession Order
For those of us involved in housing
law the Court of Appeal ruling in
Cardiff County Council v Lee
(Flowers) [2016] EWCA Civ 1034 may
be at the forefront of our minds.
When a residential landlord issues
possession proceedings against a tenant
due to a breach of tenancy they may
receive a Suspended Possession Order
(SPO) if the court can exercise
discretion.
If the SPO were then breached within 6
years the landlord would apply for a
bailiff’s warrant which would
automatically be granted and a date set
for eviction. The enforcement team at
the County Court would simply process
the request and the case would move
over to the bailiff’s department.
discretion to excuse a technical procedural error.
Lee appealed to the Court of Appeal where the
Council accepted that Rule 83.2 applied and
that it should have sought permission before
requesting the warrant. Lady Justice Arden
stated:-
“I reiterate that CPR 83.2 constitutes an
important protection for tenants. It is not to be
taken lightly. Social landlords must ensure that
from now on their systems are such that the
same mistake will not be made in the future”.
The Court of Appeal did however agree with
the High Court in relation to 3.10 CPR.
Therefore to enforce a SPO landlords must now
apply for and obtain the court’s permission
under Rule 83.2. This can be done without
notice but there is still an application fee to pay
in addition to the warrant fee.
Pursuant to CPR 83.3 that warrant
should not be issued without permission
of the court.
In March 2013 Cardiff City Council
issued possession proceedings against
Lee relying upon grounds of alleged
anti-social behaviour. The court gave a
two year SPO.
In August 2015 the Council applied for
a warrant due to alleged breach of the
SPO and an eviction date was set,
however Lee applied for a stay. The
application was dismissed and Lee
appealed.
On appeal the Circuit Judge ruled that
the Council had not followed the
correct procedure as it had failed to
apply to court for permission before the
warrant was issued, per CPR 83.2(3)(e)
which states that a warrant for
possession cannot be issued with the
court’s permission where under the
order being enforced “any person is
entitled to a remedy subject to the
fulfilment of any condition, and it is
alleged that the condition has been
fulfilled”.
The court held that this Rule applied to
enforcement of the SPO and therefore
issuing a warrant for possession
following breach of the SPO without
having obtained the Court’s permission
was unlawful. Despite this, the appeal
was refused with the High Court
excusing the procedural error, referring
to CPR 3.10 which allows the court the
This process has clearly been overlooked for
some considerable time but may of course be
looked at again by the Supreme Court.
Phillip Coburn,
Associate Solicitor,
MSB Solicitors,
0151 281 9040
COUPE BRADBURY
SOLICITORS
LYTHAM
Looking to appoint a
full time
PRIVATE CLIENT LAWYER
For details see our Website
Recruitment page
www.coupe-bradbury.com
22 www.liverpoollawsociety.org.uk
Charity and CSR
Charity and CSR Matters
Hello! These are the pages to spread
news of your good deeds. 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 probono
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
LJMU Legal Advice Clinic
Matt Smith talks about his experience at the clinic and what you
can do to get involved.
This month I went along to the LJMU Legal Advice Clinic to
supervise two students dealing with an employment issue.
Paul Crowley & Co announced as
official charity partner of Zoë’s Place
for 2017
The Legal Advice Centre offers free legal advice to students, staff
and members of the public. Students volunteer at the Legal Advice
Centre, gaining valuable legal experience.
In March 2015, the Legal Advice Centre was shortlisted for the
LawWorks and Attorney General Student Pro Bono Awards 2015
(Best Contribution by a Law School and Best New Student Pro
Bono Activity).
On this occasion the students had volunteered to help an individual
who had been engaged by a company as a driver on a (questionably)
self-employed basis and felt that the company had terminated his
contract due to his nationality. I was impressed at how diligently the
students had prepared for the meeting and how well they handled
the interview, as this was the first time either of them had done this.
The students don’t provide advice during the meeting but aim to
gather enough information to write a letter to them after the meeting
and they did a very good job of it. I came away feeling that there
was something the students could do to genuinely help this person
and that I’d managed to give the students some pointers that will be
helpful in their development too. So we all got something out of it!
I would recommended getting involved with the clinic and there are
many different ways you can dos so. Their ‘wish list’ includes the
following:
• Ad-hoc requests for advice – they are able to offer commercial
property advice (subject to colleague’s availability) but would
welcome the opportunity to reach out periodically for criminal law,
housing, and immigration advice, to those happy to be contacted.
• Training – the LAC covers basic topics in the induction
programme for students, but would be interested to have
professional skills training as well, particularly interviewing and
managing clients.
• Fundraising and profile raising – The LAC is grateful to hear
of gaps that have been encountered where they may be able to
develop new projects. Links with charities are welcome. With
external sponsorship the LAC can develop better student materials,
publicity for their services, client materials, and office equipment.
• Equipment – unwanted books (not too historic) are always
welcome.
• Collaboration on projects – the chance to shadow solicitors
working on pro bono cases in house; commercial property and
housing advice provision.
Contact: Rachel Stalker
R.Stalker@ljmu.ac.uk
Paul Crowley & Co, which has offices in Liverpool city centre,
Anfield and West Derby, has launched a fund raising programme
with Zoë’s Place Baby Hospice for 2017.
The firm’s conveyancing department will be running a campaign
throughout 2017, offering new and existing clients a complimentary
Zoë’s Place teddy bear, with all proceeds going to the charity.
Staff will participate in a number of fundraising events, including
the ‘Tough Mudder’ challenge, as well as monthly staff fundraising
events and quizzes.
The firm will also be involved in the charity’s official fundraising
events throughout the year, including its ‘boxing dinner’, ‘ladies
lunch’ and ‘it’s a knockout’ events. The team will also be involved in
‘jumpology’ and ‘bubble rush’ events, and an indoor and outdoor
abseil.
Paul Crowley, Senior Partner, says: “We are incredibly proud to
offer our support to such an important and valuable local charity.
Zoë’s Place Baby Hospice is a cornerstone of our local community,
supporting many families through very difficult times and so this is a
perfect way for us to offer our support.
“As a firm, we have a commitment to giving back to the local
community and the partnership is a great way for us to be able to do
so. We hope that our work will help to raise awareness for Zoë’s
Place amongst our new and existing clients, and encourage others to
get involved too”.
Samantha Lee, corporate and events fundraising officer at Zoë’s
Place, says: “Zoë’s Place is over the moon that Paul Crowley & Co
have chosen to support us over the next year. I was touched by their
overwhelming love for our wonderful hospice when they visited and
we find this often helps with fundraising.
“By sharing our bear with clients who take up the firm’s
conveyancing services, together we can spread awareness about the
hospice which will make life a little easier for many families across
the Northwest. I would like to thank the firm for their support and
Zoë’s Place is looking forward to working together.”
24 www.liverpoollawsociety.org.uk
Charity and CSR
EAD hold day of charity events in aid of NW
Cancer Research
Stephanie Walker, Nikki Westergren and Sean McCann from
EAD are organising a charity event in aid of North West Cancer
Research which will take place on Friday 31st March 2017. The
day will include a 5k run from EAD’s office, a judged ‘bake off’,
raffle, quiz and Boules!
North West Cancer Research is a local, independent cancer research
charity fighting the toughest cancers in North West England and
North Wales. The Charity was established in 1980 and more than
thirty six years’ later they continue to fund some of the best cancer
research at the University of Liverpool, Bangor University and
Lancaster University.
Regrettably, each one of us will have been affected by cancer in one
way or another and E.A.D. hope to come together in this event to
raise awareness and as much money as possible to donate to their
chosen charity.
Stephen Pinder, Partner, said ‘Everyone at EAD is really looking forward
to the charity day on 31st March. I believe that everyone is touched by the
impact of cancer and we hope to raise a lot of money to support this great
cause. At the same time, it will be an opportunity for all colleagues to come
together and I hope it will be a fun day with lots of activities happening
across the firm. I am particularly looking forward to seeing 40 or more
people running the 5k along the waterfront in our matching t shirts’
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
.
Registered in England and Wales No. 3623950
Legal Indemnity Insurance
www.liverpoollawsociety.org.uk
25
“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
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www.liverpoollawsociety.org.uk
27
Regulation
Regulation Update
The latest regulation news from
Michelle Garlick of Weightmans LLP
This month’s focus is very much on the theme of disciplinary findings and
firm closures – neither of which are particularly uplifting news items
(sorry, but I am an SRA regulatory lawyer and positive, happy stories are
not that easy to find!). Important lessons are to be learnt from them so
here goes:
Reports from the SDT
The headline news story in the past month was of course the striking off of
owner of Public Interest Lawyers, Phil Shiner, having been found guilty of
five counts of dishonesty in addition to admitted failings in relation to
referral fees.
In case you missed it(?!) Shiner’s firm received more than £1.65 million
through a fee sharing agreement with Leigh Day & Co solicitors and an
individual, Mazin Younis, in relation to Iraqi civilian claims against the
British government. Investigations by the SRA had followed the outcome of
the Al-Sweady public inquiry in 2014 which cleared British soldiers of
murdering detainees.
Among the 22 charges found against him, Shiner
• encouraged and authorised unsolicited direct approaches to potential
clients
• authorised and procured his firm to enter an agreement providing financial
benefits to Younis in order for him to change his evidence
• was dishonest in presenting the changed evidence from that third party
without explanation, and in sanctioning and approving the creation of
emails which did not describe the true reason for the agreement
•was dishonest when responding to two questions from the SRA during its
investigation.
The tribunal heard that Shiner has disregarded rules surrounding referral
fees, including the requirement to secure an advanced written agreement
between the parties involved and providing clients with information about
the arrangement.
The other headline news story from the SDT was the hearing of Julian
Charles Pike, partner at Farrer and Co who acted for News International and
was cleared of wrongdoing over the surveillance of lawyers pursuing phonehacking
cases against the News of the World newspaper.
The issues related to the surveillance (which Pike had suggested be carried
out) of two lawyers acting in the case against News International and the
instruction of a private investigator to look into whether the two lawyers
were in a relationship, amid concerns they were sharing information about
cases without their clients’ consent.
The SDT found that the SRA had not proved that Pike acted without
justification or without placing limitations on the scope of any investigations
and found that it was clear that Pike had intended that the investigation be
undertaken lawfully and he had placed sufficient limits on the nature and
scope. Clearly good news for Pike (!) although he was still ordered to pay
£20,000 in costs after the SDT found the case to have been properly brought
by the SRA.
Surveillance and the instruction of private investigators is a thorny issue and
we should all be alert to the comments made by the Tribunal in this case
when it said that it found it 'repugnant' that solicitors would carry out
surveillance on other lawyers and that such surveillance should take place
only in “the most unusual of circumstances” . The tribunal wished to send a
message that, in those circumstances, solicitors had to “insist on
parameters”.
From these two cases alone, there are a number of messages to take and
learn from in relation to the investigation and conduct of litigation, referral
fees, non-solicitation of clients, co-operating openly with the SRA and of
course the Principles, particularly those relating to integrity, upholding the
rule of law and the trust that the public places in the profession. Are you
comfortable that your fee earners are familiar with these Principles and how
they apply in practice? Do your audit/file review processes check for these
types of issues?
Firm Closures
Sadly, we have seen some firm closures and administrations in the last few
weeks including the European arm of KWM (the largest ever European law
firm collapse), Triton Global (a multi-disciplinary business which included
28 www.liverpoollawsociety.org.uk
Robin Simon as the constituent law firm) and Carter Law(a personal injury
law firm). There will of course be differing reasons for these closures but
unfortunately more collapses are forecast – one recent financial health
analysis of law firms based on annual accounts has predicted that at least 500
firms are heading for collapse in the next three years, with law firms at
greater financial risk than businesses as a whole.
And in other news:
SRA plans for clarity of fees
The SRA have announced the launch of a consultation this summer, on their
plan to require law firms to publish their fees for services, in line with the
recommendations of the Competition and Markets Authority that the legal
regulators set minimum standards for the publication of prices, provide
guidance to firms and consult on the issue before 30 September 2017.
Crispin Passmore, executive director for policy at the SRA, has said that the
changes would need to be made in phases and that the first phase would
focus on the “simplest areas” for pricing purposes such as divorce, wills and
conveyancing, along with areas such as commercial leases and terms of sale
for small businesses.
President of the Law Society, Robert Bourns, has, rightly in my view,
responded that the “provision of raw regulatory data without proper context
has the potential to mislead clients and undermine their ability to exercise
informed choice – more information does not inevitably mean better
information.”
Start thinking now about how your firm will go about publishing price data
, what difficulties might you experience in capturing and interpreting the
data etc so that you can feed into this important consultation when it is
released.
Identity fraud in property sales
Any conveyancers out there will have heard of the recent case involving City
firm Mishcon de Reya which faced a £1 million pay out for breach of trust
after their client purchased a property from a tenant, posing as owner of the
property.
The Deputy High Court Judge held that the firm failed to seek an
undertaking from the seller’s solicitors that it had taken all reasonable steps
when confirming the identity of the client but accepted that the firm had
acted honestly and innocently in regards to carrying out their role as the
buyer’s solicitor. However, given that the firm was in a better position than
the client to face the financial consequences, he considered that the “only
practical remedy” was to target the City Firm!
The case has understandably created confusion and concern over the scope
of a solicitor’s liabilities and what reasonable checks should be made during
the buying process. Permission to appeal has been granted and the decision
stayed pending the outcome of the appeal.
Unbundling
Keep an eye out for some guidance from the SRA on unbundling (which will
include case studies) to help solicitors assess the risks and to encourage them
to feel able to offer bespoke services. The SRA has said that it encourages the
use of unbundling, and solicitors not on the court record helping a litigant
with defined tasks for a fixed fee.
There are however risks including going further than agreed with the client,
and of clients not understanding the limits of the help they were paying for.
If you don’t want to wait for the SRA’s guidance, the Law Society has
published its own so if this is relevant to you, check it out.
Interim Chief Executive of the Law Society appointed
Paul Tennant, a non-lawyer former chief executive of housing association,
Orbit, has been named as the interim chief executive of the Law Society
following Catherine Dixon’s resignation at the beginning of January. I wish
him well.
Michelle Garlick
Weightmans LLP
MJLD v LLS QUIZ
Thursday T 30th March, Revolution
(2 Temple Ct, Cavern Quarter, Liverpool L2 6PY), 6.30pm
Battle lines drawn, gauntlets
thrown, the ‘young pretenders’
pitted against ‘seasoned veterans’
– it can only be the 2017 MJLD v
Liverpool Law Society Annual
Quiz sponsored by Sacco Mann!
Want to show your boss who’s boss? Feel
that trainee is getting a bit too ‘big for their
boots’? *[Or if you’re after a bit of fun and
some socialising, that’s ok too, we
promise…]
VS.
Both the MJLD and LLS T would like to invite members to take up arms
(figuratively of course…) and do battle for the honour of becoming
crowned victors of Liverpool’s prized annual legal quiz.
Though last year saw the LLS marginally pip the MJLD to the post for the
2016 title, the slate is now wiped clean, pride has been restored and it’s all
to play for.
Demand is high for this event so we would encourage all those looking to
attend to register your interest early at
socialMJLD@gmail.com along with a list of
team members (maximum of 5 per team).
Anyone T without a team can be allocated to
one on the night. Tickets are priced at £3 per
person with all proceeds going to MJLD’s
nominated charity, Crisis. All money will be
collected on the night. May the best team
win!
T
Commercial
Leases Update
with
Richard Snap
pe
on Tuesday
4th April, 9:30am
12:45
pm
C ommercial lease
e s continue to be much litigated
an nd several
regulatory
chang
nges have
occurred withinin the
last year.
The course
aims
to look at
these change
s.
Topics covered include:
Recent case
law on break clauses
Deeds of
Variation and Guarantors
Landlord
and Tenant Act 1954 update
Dilapidat
ions
SDLT and
rent changes
Legionella
Reports
Changes to
CPSE Enquiries
The Energy
Act 2011 and the Green Deal in relation to
commercial leases
Rating empt
y properties case law
To see more
Venue:
Sponsored by:
Liverpool Law
Society,
Second Floor, Helix,
Edmund Street, Liverpool, L3 9NY
informa
ation or
to
book, visit: www.liverpoollaw
wsociety.
y.org.uk
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www.liverpoollawsociety.org.uk
29
Local Groups
News from the MJLD
THE MJLD STARS
OF 2017 AWARDS
This year, the MJLD is looking to find its ‘Stars of 2017’.
Whether
it be
for
charity
work, fundraising
efforts, work
on
high
profile
cases
in
the
local
area
or
other personal
achievements, ements, we
would
like to
congratulate our
members that have
gone
above
and
beyond.
This year, there
will
be
three e awards
available
to be
won.
These
are:
• Star Paralegal or Apprentice or Costs Draftsperson of 2017;
• Star Trainee Solicitor of 2017; and
• Star Solicitor or Legal Executive of 2017
Nominations will close at 5pm on Friday 17 March 2017.
To nominate n either yourself, or
a
friend
or colleague, e, please
prepare
r e
200
words
maximum
on
why
you
believe
this
person
is
the
one
of
the ‘Stars
of 2017’. Please
specify which of
the
three awards that
person
is
nominated for
and
send your nomination
to
our
designated
email
address:
mjldstarof2017@hotmail.com
otmail.com
The nominee must
work
in the Merseyside
area.
The shortlist will
be announced later
in
March,
and
the
winners
will
be
announced at
our
Annual
Charity Ball
on Saturday a
20
May
2017
at the
Doubletree ee
by
Hilton Liverpool.
ol.
Local Groups
News from the WLD
!
The very much anticipated Beauty Evening hosted by Harvey Nichols
Beauty Bizarre took place on Friday 10th February. Members were
treated to prosecco and canapes on arrival followed by massages, facials,
beauty treatments, make up masterclasses and much more. The evening
finished with the drawing of the raffle, which consisted of three very
generously donated prizes from the store and raised a total of £320 for
the WLD’s nominated charity, Marie Curie. Each member was also
given a goodie bag of beauty products to take away. The WLD gives
their thanks to Kingsley Recruitment for sponsoring the event and
Beauty Bizarre for a great evening.
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.
!
In order to raise as much money for
Marie Curie, the annual charity
quiz night will be taking place on
Friday 24th March at Leaf on Bold
Street. In addition to the quiz, a
raffle will take place with great
prizes up for grabs including
afternoon tea at Thornton Hall,
dinner for two at Gusto, bottles of
spirits donated by Whiskey Business
and much more. Tickets are £15 per
person, please submit your teams to
wldevent@gmail.com.
!
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