MM May 2017

May 2017
October 09
1
North West Law
Manchester Civil Justice Centre in flexible
working hours pilot
HM Courts & Tribunals Service has announced a flexible
working pilot at six courts, including the Manchester
Civil Justice Centre. The Court Service has said that the
pilot will aid them to gain an understanding of how extended
operating hours would affect court users.
The pilots are expected to begin this month, in six courts
and will last until October 2017. Crown courts will be open
until 6pm, civil courts until 7pm and magistrates’ courts until
8.30pm.
The other courts selected for the pilot are: Newcastle Crown
Court; Blackfriars Crown Court; Sheffield Magistrates’ Court;
Highbury Corner Magistrates’ Court and Brentford County
Court.
In 2011 the Ministry of Justice introduced a short term flexible
court system to deal with those involved in the riots.
Over forty Magistrates Courts had extended working hours
including evenings and weekends and during that period
an additional 6000 cases were heard.
The Ministry of Justice said that flexible operating hours is
only one aspect of a transformed justice system which includes
increased use of virtual hearings to allow legal professionals
more flexibility on where they work. A
spokesperson said that the later working hours were being
introduced as an experiment adding: “These pilots will help
us understand how flexible hours affect all court users and
will be fully evaluated before any decision is taken on rollout.”
However the Criminal Law Solicitors’ Association are unhappy
that criminal practitioners were not included in the
discussion. Zoe Gascoyne, a Liverpool solicitor and national
Chair of the Criminal Law Solicitors’ Association said defence
practitioners had been ‘noticeably absent’ from a ‘national
steering group’ that HMCTS said had approved the
pilot.
She added “Both sides of the profession are facing further
cuts and it is inconceivable that defence practitioners will
make themselves available without any consideration as to
how they will be remunerated. If legal representation isn’t
made available during the extended hours then this restricts
access to justice,.”
Angela Hogan, chair of the Association of Women Solicitors
(AWS), said the association would need ‘to look at these pilots
to ensure our members are in a position to manage the
additional burden of working such exceptionally late hours
and at short notice’.
For views from local practitioners, see our
Talking Heads feature on flexible hours in
the courts on page 12.
See pages 16-17 for practical advice from LawCare and the Manchester Stress Institute
The Monthly Publication of the Manchester Law Society
In association with
Manchester Legal Awards 2017 principal sponsors

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Contents 3
North West Law May 2017
Manchester Law Society
64 Bridge Street
Manchester M3 3BN
Tel: 0161 831 7337
Fax: 0161 839 2631
www.manchesterlawsociety.org.uk
Editor: Fran Eccles-Bech
News from the President
page 5
In this edition...
NEWS
Hall Brown Partner named Manchester’s Top
Family Lawyer
Kuits crowned Best Professional Services Firm
at the Business Masters Awards 2017
Continued growth at Hugh Jones
6
8
9
Editorial Committee
David Anderson, St Johns Buildings
Julia Baskerville, Baskerville Publications Ltd
Fran Eccles-Bech, Manchester Law Society
Adam Entwistle, JMW Solicitors LLP
Sarah Evans, Kuits
Mark Fitzgibbon, Hill Dickinson
Jemma Goldstone, JMW Solicitors LLP
Michael Hardacre, Slater & Gordon
Helen Kanczes, Clyde & Co
Steve Kuncewicz, Bermans LLP
Adrian Kwintner, Clyde & Co
Jeff Lewis, Brabners LLP
Louise Straw, Burton Copeland
Matthew Taylor, Eversheds LLP
Specialist Travel Lawyers moving to Irwin
Mitchell’s Manchester Office
10
Published by
Andrew Newbury
page 8
Damian Wall becomes the latest to achieve
partnership status at Burton Copeland LLP
FEATURES
11
Baskerville Publications Ltd
Apartment 327 Holden Mill
Blackburn Road
Bolton BL1 7PN
Talking Heads
“Do you think that flexible working is a good
idea in the courts?”
12
Advertising enquiries
Julia Baskerville
01204 303323
j.baskerville@jbaskerville.co.uk
www.locallawsocietypublications.co.uk
Cheryl Palmer-Hughespage
10
Pro Bono In Manchester
Mental Health Awareness Week
REGULARS
14 & 15
16 & 17
All rights reserved, reproduction in whole or part
without written permission from the Publisher and
Manchester Law Society is not permitted.
Photographic material and manuscripts are supplied at
owners risk, neither the company not its agents accept
any liability for loss or damage.
Management Matters
page 20
News from the President
Regulation Update
Monthly Competition
Win a Spa Day for two people at QMS Skin Spa
5
7
29
The Society welcomes articles and letters from members
on any topic and items should be sent to the above
address
The views and opinions expressed in the Manchester
Messenger are those of the individual contributors and
not of the Manchester Law Society
Printed by
Buxton Press

4 Manchester Law Society News
News from Bridge Street
Forthcoming Events
Regulatory Conference 2017
Hilton Hotel, Deansgate, Manchester
14 June 2017
CPD: 5 hours
Cost to attend: MLS Members £110.00 + VAT (£132.00)
Non-members £150.00 + VAT (£180.00)
We welcome back the Regulatory Conference for another day full of essential information
on the changes to compliance and regulation that impact your firm.
Find out what is on your regulators’ agenda through updates from the SRA, Legal
Services Board and the Legal Ombudsman. This year’s programme also includes the
latest advice on how to ensure your data is protected when the General Data Protection
Regulations come in to effect in May 2018.
Find out how to implement the new Money Laundering Regulations 2017, how to
avoid being the next victim of a cyber-attack by hearing about what is new and on
the horizon in Cyber Security. For all COFAs out there, learn how the new accounting
audit is bedding in as well as updates on accounts rules breaches, particularly use of
client account as a banking facility.
A must-attend for all COLPs/COFAs and risk managers – Don’t miss it!
09:00 Registration and refreshments
09:30 Welcome and introduction
Michelle Garlick, Partner, Weightmans
09:40 Looking ahead - next steps in updating regulation
Jane Malcolm, Executive Director, External Affairs, SRA
10:20 How the Legal Services Board sees the future for legal services regulation
Neil Buckley, Chief Executive, Legal Services Board
11:00 Refreshments and networking
11:20 Cyber Security Update
Stephen Robinson, Xyone Cyber Security
12:00 General Data Protection Regulation: Be ahead of the Curve
Data protection ‘big bang’ is on the horizon, May 2018 and the new data
protection regime will soon be upon us. Your business should begin
planning now to ensure that your data is effectively commercialised and
adequately protected. Gary Byrne of Weightmans will discuss key
changes which will impact your business, including:
• Increased fines and penalties regime
• Enhanced ‘consent’ requirements
• Data loss handling and reporting
• Data Processor responsibilities
• Who needs to appoint a Data Protection Officer?
• Data Subjects’ rights
• Accountability and Privacy by design
Gary Byrne, Weightmans LLP
12:45 Networking lunch
13:30 Implementation of the Money Laundering Regulations 2017
• How the new Regulations will impact on law firms
• The new Regulations in practice
• AML risk management, policies and procedures
• New client due diligence requirements.
Bill Jones, Riliance Training
14:15 A view from the Legal Ombudsman
Kathryn Stone OBE, Chief Legal Ombudsman
14:55 Refreshments and networking
15:15 The new accountants report process
• How is the new SAR inspection process bedding in
• What is being reported and what is not
• Common issues
• Banking facilities
Andrew Baker, RSM
15:45 Questions and refreshments
16:00 Close of conference
Dates for your diary:
22nd June 2017 - Being a better leader
3rd October 2017 – Employment Law Conference
Keep up to date with the latest event information at
www.manchesterlawsociety.org.uk or follow us on
Twitter @ManLawSoc
To book a place on any of the above events, please email
CarlaJones@manchesterlawsociety.org.uk
Manchester Law Society Awards’
sponsors team up
Winscribe and Document Direct have recently announced a new partnership to help UK law
firms optimise their dictation, typing and document production cycle and improve profitability.
Both businesses recently co-sponsored our Awards evening by supporting not only the
Trainee/Paralegal of the year presented to Jonathan Wall of Burton Copeland, but also the
Band – the irrepressible Red Corner. Document Direct have also been a long-standing member
of the MLS Advantage group.
Winscribe and Document Direct have independently worked closely with many law firms
to identify ways of improving resource utilisation focussed on the area of dictation and document
production. This has a direct impact in increasing the number of chargeable fee
earner hours and decreasing the number of hours spent on tasks that do not translate to
chargeable hours. Now, through their new joint partnership they can help firms embrace
better working practices whilst reducing the cost of service delivery, and offer a fully integrated,
low cost service in the field of digital dictation, workflow and typing and transcription.
Document production optimisation presents a very clear method of devising innovative
ways of working, reducing costs, enhancing performance and improving a trustworthy reputation
amongst your client base.
What is key and in fact unique, is that they can also measure these benefits with objective
statistics. The Winscribe and Document Direct business consultants will work extensively
with law firm clients to define their business objectives, and then they build the component
elements of the solution which will best suit each individual department within each individual
client. From this detailed analysis the consultants will then baseline and track key
elements which they and the client agree are the metrics required to determine success.
They then implement the integrated solution against these key metrics to ensure they are
best placed to deliver on the planned results.
Martyn Best, Document Direct’s CEO comments: “This is a truly exciting development for us
and hopefully all law firms. By engaging with us and Winscribe they can make immediate
gains in profitability and client satisfaction, as well as improving the whole experience for
their own fee earners and staff.
“Winscribe’s leading edge digital voice technologies and workflows are now combined with
our extensive and experienced typing and document production expertise to help law firms
become better law firms.
“We are also able to integrate with any DMS and CMS service and this can help further improve
our clients’ performance.”
Vladimir Teodosiev, Head of UK Legal and Professional Sales at Winscribe says: “Our newly
formed partnership is yet another example of our collaborative approach formed in the
name of promoting efficiency gains. These gains that ultimately result in healthier PPE are
manifested through document production optimisation achieved through the deployment
of the latest technology and vast experience”.
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Manchester Law Society’s
Professionals’ Dinner Club
Monday 22nd May 2017
TIME: 6.00pm for 6.30pm
VENUE: S C E N E Indian Street Kitchen, 4a Leftbank, Spinningfields, Manchester, M3 3AN
COST: £48.00 including VAT (Includes a welcome drink, 3 course meal and a half bottle of
Wine)
We are delighted to announce that our next Manchester Professionals Dinner Club is taking
place at Scene Indian Street Kitchen in Spinningfields, your one stop destination for
authentic Indian street food.
For further information or to make a booking email
HollieHirst@Manchesterlawsociety.org.uk

5
President’s Column
5
From the President
At the time of writing this
article in early April it
looks like spring may well
have arrived: I spent part
of the weekend in glorious
sunshine sorting out
the lawn which was covered
in moss due to the
particularly damp conditions
over autumn and
winter, and I noticed that
a large number of my colleagues
around the office
have burnt faces!
I was the guest of Leeds
Law Society at their Annual
Dinner in March and I was
delighted to meet Sir Alistair
Norris, the current Vice
Chancellor of the County
Palatine. As well as being a
very charming fellow, he is
also very keen to encourage
practitioners on the
Northern Circuit to use the
Courts and Judges in Manchester,
Leeds etc. This was
a view shared by the local
Mercantile Judges in Leeds
and does of-course echo
the views of the Mercantile
Judges in Manchester. Mr
Justice Norris also explained
that he has been
tasked by the Chancellor,
Sir Geoffery Vos, to promote
the launch of the new/ rebranded
Business and Property
Courts in both Manchester
and Leeds and was
keen to enlist the help of
the local Law Societies to
ensure the success of the
launch.
For those of you who have
missed the announcements,
from June of this
year, the specialist civil
courts are to be known as
the “Business and Property
Courts of England and
Wales”. This will encompass
the specialist courts and
lists of the High Court including
the Commercial
Court, the Mercantile Court,
the Technology and Construction
Court and the
courts of the Chancery Division.
According to press releases,
the new arrangements will
"..preserve the familiar practices
and procedures of
these courts, whilst allowing
for more flexible crossdeployment
of judges with
suitable expertise and experience
to sit on appropriate
business and property
cases".
This new structure together
with the Financial List and
the Shorter and Flexible
Trial Scheme, is, I understand,
intended to enhance
the UK’s “already respected
reputation for international
dispute resolution; and will
play a part in ensuring that
Britain continues to provide
the best business courtbased
dispute resolution
service in the world, served
by a top-class independent
judiciary".
Without wishing to be too
controversial, I suspect that
the average business man,
not well versed with the intricacies
of listing and the
designation of Judges to
particular cases, may see
this as nothing more than a
re-branding exercise, but
no doubt more details of
the practical benefits of the
new structure will emerge
before the launch in June. I
hesitate to say this, but
there are more mundane
changes which could be
made to the operation of
the service provided by the
Courts which would be atleast
as effective in maintaining
the reputation of
our legal system. For example,
returning sealed Orders
promptly would greatly assist
us all to comply with
the timetables provided for
in those Orders!
Anyway, we are working
with the court service to organise
the launch event
which will take place in
early July. Mr Justice Norris
is keen to attract not only
the lawyers who will be
using the Courts, but also
frequent users of the
Courts. The event will give
us all a chance to find out
more about what the
changes will entail and will
also give us the chance to
let the senior judiciary
know what the key issues
are for our clients when
they are litigating. Details of
the event will be in next
month's Messenger and on
the website in due course.
As for Ladybridge, having
miraculously managed to
reach the semi final of the
cup against Middleton
Lads…….we were roundly
thrashed 5-1! On the plus
side, it was a beautiful
spring morning which was
a welcome change to the
usual conditions of Siberian
winds and/or monsoon
downpours. Without wishing
to sound like a broken
record, the score does not
properly reflect our performance
and, unusually for
me, I will blame the ref for
missing an obvious penalty
in our favour earlier in the
game (when a defender
leans to the side and gets
two hands on a ball to stop
a cross, it looks a fairly certain
penalty to me) and failing
to spot a very obvious
Jon Hainey
push on our defender in the
run up to the 4th goal. That
said, they were the better
side and they deserved to
win. After the glamour of
the cup, it's back to the relegation
battle!
Jon Hainey
President
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6 Movers & Shakers
Hall Brown Partner named Manchester’s
Top Family Lawyer
A partner at one of Manchester’s
newest and most
dynamic law firms has
been voted the city’s leading
family lawyer.
Andrew Newbury was chosen
by one of the world’s
leading legal industry reviews
and is based on the
opinions of his fellow
lawyers across the North
West.
Mr Newbury, who joined
Hall Brown Family Law in
September, said that he was
“very grateful and not a little
surprised” by the award
from BestLawyer.com.
“Since I qualified as a solicitor
more than two decades
ago, I’ve been very well
aware of how this region
has a tremendous depth of
very talented family
lawyers.
“To be recognised in this
way by your peers is humbling,
especially as the only
satisfaction we really pursue
is the knowledge that that
we have done our best for
clients.”
Mr Newbury added that the
announcement coincided
with his 50th birthday and
provided extra reason for
celebration.
The author of several wellreceived
textbooks and a
regular contributor to both
the country’s foremost legal
publications and national
media, Mr Newbury qualified
as a solicitor in 1991
and has long been regarded
as one of the country’s most
capable and popular family
lawyers.
Along with his Hall Brown
partners, Beth Wilkins,
James Brown and Sam Hall,
he is included in the top tier
of practitioners by two of
the UK legal profession’s
premier directories, Legal
500 and Chambers and
Partners.
Although the Best Lawyer
title is his first individual honour,
he has previously
earned the distinction of
leading departments to an
unprecedented hat-trick of
Private Client Team of the
Year prizes at the Manchester
Legal Awards.
The Best Lawyer ranking
system began in the United
States more than 30 years
ago and has since been extended
to 75 countries
across the globe.
It describes itself as “the
most reliable, unbiased
source of legal referrals anywhere”,
relying solely on
peer reviews to compile its
classifications.
Andrew Newberry
Hall Brown’s Managing Partner,
James Brown, said that
the title was “rich reward” for
Mr Newbury’s contribution
to family law.
He pointed out that Mr
Newbury’s membership of
the International Academy
of Family Lawyers (IAFL) had
been influential in Hall
Brown’s growing overseas
caseload.
“We have been extremely
fortunate to bring someone
with Andrew’s wealth of experience
on board so soon
in our firm’s evolution.
“He is both wonderfully
good at his job and eager to
pass on advice to less senior
colleagues as well as being
a thoroughly nice guy. In
other words, he is a real
asset to our firm and we
warmly congratulate him
on this merited award.”
New website for Capita TI
Capita Translation and interpreting (Capita TI) is excited to announce that their new
and refreshed company website in now live!
After 6 months of hard work, Capita TI now believes the site is easier to navigate, includes
a host of new resources, and better showcases their technological capabilities. There’s a
whole host of smaller but impactful changes, all to make the user’s experience of the site
that much better.
Capita TI wanted to update their company messaging to help users get from one place to
the next without skipping the most important content. The solution was to split the site
content into three places; ‘Services’, ‘Sectors’ and ‘Technology’. If you would like to know
more about what Capita TI does, then the ‘Services’ pages will be best placed to help. In
the ‘Resources’ section you can find client case studies, blog posts, videos and useful guides.
You can take a look at the brand new website by clicking on the link below:
https://www.capitatranslationinterpreting.com/
As part of this launch, Capita TI is offering all new customers £1,000 discount when they
complete the contact us form on the website quoting code LAUNCH21 (T&Cs apply). Whatever
your language needs, Capita TI has them covered.
We hope you like the changes, and if you have any questions or feedback about this project,
please contact marketing@capita-ti.com
Trio add Firepower to Bromleys
Law firm Bromleys has
boosted its ranks with the
appointment of three solicitors.
Sue Darlington has joined
the Tameside firm’s private
client team to work alongside
John Longworth, who
heads the wills, probate and
planning for the future department.
Property expert Rubina
Begum has joined Bromleys’
corporate and commercial
services team and Jessica
Horsman has joined the
care proceedings and social
services team.
Sue specialises in advising
on wills, estates, inheritance
tax planning, trusts, probate
and charity administration
as well as drafting Lasting
Powers of Attorney.
Her early career was spent
at Manchester practice Bullock,
Worthington & Jackson,
which merged with
Linder Myers. Sue still acts
for clients of Bullock Worthington
& Jackson.
Rubina, who previously
worked at Manchester city
centre firm Amie Tsang &
Co, focuses on advising
clients on property purchases,
sales, leases and
landlord and tenant matters.
She is working closely with
Bromleys partner Paul Westwell,
who heads the corporate
and commercial team,
and other members of the
commercial litigation department.
Jessica specialises in child
care law, including child
protection matters. She has
relocated from Co Durham,
where she was at Hewitts
Solicitors.
Jessica is experienced in
particular with representing
the interests of parents and
grandparents in proceedings.
Meanwhile Bromleys has recruited
Rob Johnson as financial
controller to
succeed Graham Roberts,
who is to retire in the summer
after 15 years at the
firm.
Bromleys’ senior partner
Mark Hirst said: “We’re delighted
to welcome three
new solicitors to the practice
to help us meet demand
from a growing client
base.
“Sue, Rubina and Jessica all
bring a wealth of experience
and are excellent additions
to our highly-regarded
teams.
“They each have strong
track records of providing a
quality service to clients,
with specialist knowledge
in their fields of expertise.
Bury & Bolton based law firm Clough & Willis
has strengthened its Private Client team
with the appointment of solicitor Suzy
Bhaker.
Suzy joins from Brearleys Solicitors which is a
large firm with five offices across the West Yorkshire
region. Her new role will see her focus on
a variety of core work including wealth and succession
planning, inheritance tax advice, trust
creation and administration, wills, lasting powers
of attorney and estate administration.
Suzy will be based at the firm’s Manchester
Road head-office and will report into Sally Cook
who is head of the Private Client department.
Sally commented: “We are delighted to welcome
Suzy to the team. She has some fantastic
experience and is already adding value to our
clients and the wider firm.”
Suzy added: “I was ready for my next challenge
and Clough & Willis seemed like the perfect fit
due to its reputation, its focus on delivering for
clients and its ambitions to grow the Private
Client department.”
Jessica Horsman, Sue Darlington and Rubina Begum
Rob Johnson
The trio join at an exciting
time for Bromleys, with further
recruitment imminent
in our Court of Protection
team following a significant
increase in new instructions.”
Mark added: “Rob comes
from a background in industry
and will bring a fresh
commercial approach to the
way we operate.
“Graham has been integral
to the firm’s growth and I
have no doubt Rob will continue
his good work and
play a key role in our development.”
Clough & Willis grows Private Client
Department with new appointment
Suzy Bhaker

Regulation 7
Regulatory Affairs Committee Update
I hope everyone had a good
Easter break? Here’s a summary
of what’s been happening
in the regulatory
world in the past month:
SRA reviews complaints
procedures
The SRA has confirmed that
it has commissioned two independent
research companies
(London Economics
and YouGov) to review the
way law firms handle complaints
and how this can impact
on the perceived
quality of service that clients
receive.
They have confirmed that
the main focus will be on
understanding firms’ approaches
to dealing with
complaints as well as barriers
that firms face in the
process. The research will
also be gaining consumers’
perspectives on firms’ complaints
handling. The research
will be expected to
highlight examples of both
good and bad practice and
it is understood that both
consumers and firms are
likely to be approached for
their views.
There are strict regulations
already in place relating to
complaints handling. All
firms are currently obliged
to have stringent processes
in place, including making
sure clients are aware of
their complaints rights prior
to any works being undertaken,
and in reporting to
the SRA on a yearly basis regarding
the number and
content of complaints received.
The research is being
jointly funded by both the
SRA and Legal Ombudsman.
With the research underway,
now would be a good time
to review your firm’s complaints
policies and procedures
and ensure that all
policies are up to date, with
staff trained on the importance
of complaints handling
and making clients
aware of their rights from
the outset. Outsourcing to
specialists can also be a cost
effective way of handling
your complaints – if this is of
interest, then do not hesitate
to get in touch.
Jail for insurance
fraudsters
A group of six lawyers, all
based in Preston, have been
jailed for a collective 13 and
a half years for conspiracy to
defraud by false representation.
Nadim Suleman, a solicitor
working at Farleys Solicitors,
Blackburn, was the ringleader,
being sentenced to 4
years in jail for his involvement.
Suleman purported
to make a claim on his wife’s
behalf after her vehicle fell
from a ramp whilst being repaired.
Suspicions arose
when he made a claim for
hire of a replacement vehicle
which was later found to
be for sale at a car dealership
in Kent. It was subsequently
discovered that the
group had been falsifying
both treatment invoices and
medical records to substantiate
their claims. It is understood
that over £425,000
had been falsely claimed.
The result is the first prosecution
secured by the City
of London Police Insurance
Fraud Enforcement Department
(IFED).
Importance of Accounts
Rules
Following a hearing on 21
March 2017 firm Clyde & Co
has been handed a £50,000
fine from the SDT, with
three of its partners also receiving
a £10,000 fine each.
The firm was found to have
used a client account as a
banking facility in breach of
both the anti-money laundering
regulations and the
SRA accounting rules.
In a statement, the firm said
“we hold ourselves to the
highest professional and
ethical standards and take
responsibility for ensuring
we meet them” and “we are
confident that the circumstances
which led to these
breaches could not happen
again” before going on to
stress that ”any mistakes
made were honest”.
The fines amount to one of
the largest penalties
awarded against a law firm
by the SDT, only being
matched by West End firm
Fuglers in 2014 which used
the client account of
Portsmouth FC as a banking
facility to channel £10m and
favour certain creditors. The
SDT’s judgment is yet to be
published.
Following on from this, the
former boss of the first law
firm ABS has been fined
£7,500, plus costs, by the
SRA for 11 breaches of the
Accounts Rules and 2
breaches of the SRA Principles.
The SRA only has the
power to fine law firms up
to £2,000 but with ABS’ it
can fine up to £250m. The
SRA found that Tony Rand,
former managing director
of Vamco (which bought
Kingsley Law, formerly part
of the Nesbit Law Group),
failed to keep proper accounting
records of dealings
with client money as
well as failing to keep client
ledgers or a client cash account.
These fines come at the
same time as a Bradford
based woman is jailed for
three and a half years after
pleading guilty to money
laundering and 8 counts of
fraud. Caprice Chaneele
Lindo, who is not a solicitor
and was employed on a
temporary contract basis,
had worked at various firms
throughout Greater Manchester
since 2013 and misappropriated
funds from
various substantial property
transactions. She was
arrested by police in March
2014 and reports allege
that over £225,000 of the
funds have not yet been
traced.
Does your firm have an appropriate
procedure in
place for all monies received/transferred?
Are
your accounts systems up
to date and properly managed?
Do your policies on
the SRA Accounts Rules and
Money Laundering Regulations
need updating? Does
your training apply to temporary
staff as well as those
in permanent roles? These
topics (and more) will be
covered at the Manchester
Law Society Regulatory
Conference on 14 June so
come along for some top
tips to avoid becoming the
next firm on the SRA’s radar.
Dishonesty and integrity
– the same or not?
A really interesting development
in the High Court
recently was a judgment in
the case of Malins v SRA
where the High Court judge
on appeal from the SDT has
ordered a re-trial of a solicitor
found to be dishonest
but where dishonesty had
not been pleaded. The
Judge held that the SRA’s
distinction between dishonesty
and a lack of integrity
was ‘intellectually
virtually impossible to understand’
and led to great
confusion in the proceedings
before the tribunal. In
accusing Malins of acting
without integrity but not
with dishonesty, the prosecutor
was, in the judge’s
view, trying to maintain a
‘cordon sanitaire’ which was
repeatedly breached and
Malins found himself defending
dishonesty allegations
in relation to the first
two charges (relating to the
creation of a fabricated
form N251) “which he never
expected to have to meet,
and which had not been
spelt out against him”. He
continued: ‘It is elementary,
and supported by abundant
authority, that if you
are accused of dishonesty
then that must be spelt out
against you with pitiless
clarity.’
There isn’t enough space in
this column to delve into
the significance of the
judgement in detail but it
will be interesting to see
how the SRA will plead and
prosecute its cases involving
breach of integrity
going forward.
And finally in relation to disciplinary
matters this month
is the news that costs incurred
by the SRA in prosecuting
solicitors increased
by almost 44% last year. The
SDT’s annual report recently
published showed costs of
more than £3m were
awarded to the SRA in 2016
in contrast to £1.7m
awarded to the SRA in 2015.
The tribunal noted that ‘A
number of substantial cases
were heard during the period
which, to some extent,
explains the significant increase
in this figure. Cases
lasted longer and were
more complex in terms of
the investigations carried
out by the SRA.’ There was
also a sharp increase in the
number of solicitors who
were struck off, up from 56
in 2015 to 76 in 2016.
Cybersecurity risks
You may recall in the April
edition I discussed the recent
solicitor scams. Since
then, the SRA has held a
‘roundtable’ involving experts
from a range of sectors
(including representatives
from Barclays, Microsoft and
the Information Commissioners
Office) to address
the issue.
The roundtable agreed that
solicitor firms are an attractive
prospect to scammers,
firstly because of the large
amounts of money within
the accounts, and secondly
because of the vast
amounts of confidential information
held on their systems.
It was noted that all too
often the risk is viewed as an
IT only matter rather than a
risk to the business as a
whole. The roundtable recommended
a number of
points for firms to consider
including staff training
(making sure that all staff at
every level receive training
on how to spot a cyber attack
and their many forms),
policies specific to cyber security
and procedures for
staff to follow if they suspect
that they have been a victim
of a cyber attack (i.e. who to
report to and what should
be done).
Legal & Clerical Outfitters Since 1789
In addition, the group recommended
that firms update
software to protect IT
systems from cyber attacks
and ensure that there are
formal procedures to follow
when clients and other contacts
change their contact
and/or banking information.
That’s it from me for this
month. I hope to see many
of you at the MLS Regulatory
Conference on 14 June.
Michelle Garlick
Chair, Regulatory Affairs
Committee
Weightmans LLP
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Forthcoming Events
8 Movers & Shakers
Trio of hires bolsters Brabners
commercial offering
Commercial law firm
Brabners has strengthened
its commercial, intellectual
property and
sports practices with
three new hires.
Victoria Trigwell joins the
firm’s commercial and intellectual
property team as an
associate, alongside intellectual
property and trademark
administrator Ioana
Ghiurco. Andrew McGregor
has been hired as an associate
in the sports practice.
Victoria has more than 15
years’ experience specialising
in commercial contracts
and EU public procurement
law. She advises public and
private sector organisations
on the drafting and negotiation
of a broad range of
commercial agreements, in
addition to supporting government
bodies, local authorities
and charities on
public procurement law
matters. She spent more
than 10 years at DLA Piper
specialising in this area, before
moving to an in-house
role at a professional services
company.
Ioana qualified as a lawyer
Andrew McGregor, Victoria Trigwell
and Ioana Ghiurco
in Spain, focusing on intellectual
property and working
for a major worldwide
music corporation before
moving to the UK.
With more than eight years’
experience, Andrew focuses
on dispute resolution and
advises a range of clients, including
sportsmen and
women, agents, clubs, governing
bodies and associations,
on matters
concerning sports-related
commercial disputes, arbitration,
tribunal proceedings
and sport-specific rules
and regulations. He joins
from DWF.
Nik White, partner and head
of commercial and IP at
Brabners, said: “We are continuing
to invest in talent
and together Victoria, Ioana
and Andrew offer specialist
knowledge and sector expertise
that will strengthen
the teams’ capabilities. Not
only will this help us to deliver
the highest-quality
service to clients, it puts us
in a strong position to drive
future growth in a rapidly
changing business environment.”
Kuits crowned Best Professional Services Firm at
the Business Masters Awards 2017
Manchester commercial
law firm Kuits has been
announced winner of the
Best Professional Services
Firm award at TheBusinessDesk’s
Business Masters
2017.
Kuits took to the stage to accept
their honour at a
sparkling awards dinner at
The Midland Hotel on
Thursday night, in front of
an audience of the region’s
key businesses, influencers
and decision-makers.
The awards celebrate the
leading businesses from
around the North West.
Kuits was the only law firm
recognised in the category,
which was judged by an impressive
panel consisting of:
Victoria Molyneux, founder
of WantThatTrend.com; Tim
Kowalski, FD at Findel plc;
Steve Oliver, co-founder and
CEO of musicMagpie;
Robert Hough CBE, director
at Peel Holdings; and Paul
Griffith, chairman at The
Monastery Manchester.
The win comes just weeks
after the firm was Highly
Commended for its Private
Client team at the Manchester
Legal Awards. Kuits also
won Best Law Firm at The
Talk of Manchester Business
Awards in December last
year.
Managing partner, Steve Eccleston,
commented: “We
are, of course, delighted to
have won this award, particularly
as we were up against
such a high calibre of firms
from across the entire professional
services sector in
the North West.
“There is no secret to what
we do: we focus on providing
the best legal and commercial
advice to our client
base of SMEs and entrepreneurs
in order to help their
businesses grow and stay
one step ahead.
“We do not deal in bells and
whistles – our service is
based entirely on the quality
and experience of our
people, and the trusted
commercial advice we can
offer as a result. As a consequence,
our clients tend to
stick around and recommend
us to others.”
Blackstone Solicitors continues to
nurture young talent
Set up in 2010 by Emma
Nawaz, Blackstone Solicitors,
Hale have always
nurtured young talent.
Achieving Excellent in Investors
in People in 2015.
The team has grown from
Emma and her secretary
to a team of 25 which includes
17 women.
The most recent success
story to come out of the
firm is Gemma McDonald.
Gemma is just 21 years old
and went to school locally,
attending Newall Green
High School (Wythenshawe),
Xaverian College
(Manchester) and then went
on to Manchester Metropolitan
University.
A local girl, Gemma
achieved a First Class LLB
Honours (Bachelor of Law
Degree) and was the first in
her family to attend a University.
Gemma joined
Blackstone Solicitors as a
temporary Marketing &
Legal Secretary providing
maternity cover and nine
months later Blackstone
have offered Gemma a full
time role as a paralegal and
also agreed to fund her
Legal Practice Course (LPC)
which is a prerequisite of
becoming a solicitor.
The corporate team at full
service law firm JMW Solicitors
LLP have recruited
a further Partner to expend
their team.
Damien Brown joins JMW
from Shoosmiths in Manchester
as a Partner and previously
he was at Squire
Patton Boggs for 7 years. He
specialises in all aspects of
corporate work and advises
clients on a wide range of
matters including acquisitions
and disposals, MBOs,
joint ventures and shareholder
arrangements, structuring,
refinancing and
private equity investments
and structures. Damien advises
a broad spectrum of
clients in a variety of sectors,
ranging from owner managed
SMEs to large national
and multinational corporate
clients and Private Equity
Houses. Damien has previously
worked with many
well know private equity
specialists including NVM,
North Edge, Foresight and
Palatine PE.
Emma Nawaz and Gemma McDonald
Gemma explains just what this involves and what it means
to her, “Thanks to Blackstone I can begin the Legal Practice
Course in September at the University of Law, Manchester,
I am thrilled to have such an opportunity to study and to
train as a litigation paralegal. Undoubtedly the mentoring
from Emma Nawaz and her team has made this possible. I
appreciate the time that Emma has given me and have always
been impressed by her ability to juggle her work life
balance. I love the tenacious approach of the firm and also
the social events that I get to attend, such as award
evenings.”
Emma Nawaz added, “We are delighted to be continuing to
support Gemma as she trains for her LPC. Gemma has
shown real commitment and has natural ability. I am a great
believer – that you never stop learning. I recently attended
the Goldman Sachs 10,000 small business programme. A 4-
month programme aimed at equipping business leaders
with the skills and tools needed to turn potential growth
into real success. This included some invaluable tips on how
to encourage and nurture young talent. My congratulations
to Gemma.”
New Corporate Partner for JMW
Commenting on Damien’s
arrival to the corporate
team at JMW, Head of Corporate,
Mike Blood commented:
“We are extremely pleased
to welcome Damien to our
experienced corporate
team at JMW. He brings
with him a wealth of experience
especially within the
niche area of private equity.
We are pleased that JMW’s
reputation and continued
growth has helped us attract
another excellent
lawyer like Damien to the
team. ”
Damien Brown, a new Corporate
Partner at JMW
said:“I am pleased to be
joining a dynamic and entrepreneurial
firm such as
JMW and I am very much
looking forward to work
with the current corporate
team. With the firm continuing
to grow it is a very exciting
time to be joining JMW.”
The deadline for the June edition of
The Messenger is 11th May

Continued growth at Hugh Jones
Five new appointments at
Hugh Jones Solicitors reflect
continued growth for
the Trinity Way, Salford
based law firm, which recently
won Private Client
Team of the Year 2017 in
the Manchester Legal
Awards. Increased work
flow is reported for both
Private Client and Court of
Protection departments,
the latter with increasing
work from a number of
Local Authorities including
Sefton Borough Council
and high profile
ligation cases which have
been widely reported.
The five new appointments
are Court of Protection Administrators
Hayley Gannon
and Debbie Morrell-
Williams, IT Manager
Richard Carter, Paralegal
Rachel Suyo Garcia and HR
Assistant, Deborah Moss.
Hayley Gannon comes to
Hugh Jones from Slater and
Gordon where she was a
Court of Protection Administrator.
She began her legal
career with Manchester law
firm Pannone which she
joined as a sixteen year old
in 2005.
Debbie Morrell-Williams
completed her LPC at Manchester
Metropolitan University
and before joining
Hugh Jones she worked at
Burton Copeland as a Researcher
on the Hillsborough
Inquest. More recently
she was a Paralegal at Stanton
Fisher in their Clinical
Negligence department.
IT Manager Richard Carter
joins from DLA Piper where
he held a similar role. Prior
to that he had filled senior IT
Debbie Morrell-Williams
Deborah Moss
positions with United Utilities,
Syngenta and Compaq.
At Hugh Jones, Richard will
be responsible for the
smooth running of the
firm’s IT infrastructure and
services.
IT management was previously
outsourced and this
appointment say Hugh
Jones illustrates the importance
the firm is placing on
IT systems and procedures
as it moves forward.
Paralegal Rachel Suyo Garcia
completed her LPC
(Legal Practice Certificate) at
London Bloomsbury and
has worked as a paralegal
for both Slater and Gordon
and Simpson Millar.
HR Assistant Deborah Moss
joins from Regatta Limited
where she worked as an HR
Movers & Shakers 9
Hayley Gannon
Richard Carter
Assistant. Deborah has
worked in Human Resources
with a number of
organisations providing HR
advice and support across a
range of issues which she
will continue to do at Hugh
Jones Solicitors.
Commenting on the appointments
Director Rachel
Dobson said, “We are delighted
to welcome all five
to Hugh Jones Solicitors.
The appointments are testimony
to the huge strides
the firm has made since
being formed in March
2013. Business volumes
continue to increase and it
is vital we recruit high calibre
staff like Richard, Rachel,
Debbie Hayley and Deborah
in order to provide our
clients with the first class
service levels they demand
and deserve.”
JMW’s pedal power progress as cycling
team expands
Full service law firm JMW
Solicitors, has expanded
its specialist cycling collisions
offering with recruitment
of a new head of
team, Nadia Kerr.
With over 20 years personal
injury experience, Nadia
was formerly a partner and
head of cycling and motorbike
claims at Pannone LLP
and prior to joining JMW
Solicitors, was a member of
the senior management
team at Minster Law. She is
also a visiting lecturer at
BPP University. Several of
Nadia’s former clients have
transferred their claims to
JMW to be handled by the
specialist cycling collisions
team, which also operates
under the separate brand,
Twisted Spokes.
Nadia is also a founding
member and part of the
leadership group for Team-
Glow, a women’s cycling
group based in South Manchester.
She is a director of
BikeRight! Futures, a community
interest company
and a qualified ride leader,
leading rides for TeamGlow
and British Cycling.
Speaking of her appointment,
Nadia said: “I’m delighted
to be joining JMW
Solicitors to lead the
Twisted Spokes team. Both
the personal injury department
and the firm have a
great reputation in Manchester
and the North West,
and this was a huge attraction
for me. It’s also refreshing
to see a firm appreciate
the value and importance of
having a specialist offering
for injured cyclists, and I am
pleased to be able to help
our injured cycling clients.”
Nadia joins associate solicitor
Alistair Ward and paralegal
Ruth Pearson to expand
the firm’s core cycling collisions
specialist team, as well
as partners Paul Breen, Gordon
Cartwright, Andrew Lilley
and Jason Harwood,
who are positioned to handle
catastrophic cycling
claims.
Under Nadia, the team
plans to expand its presence,
having already exhibited
at March’s Women on
Wheels event at the UK National
Cycle Centre which
was developed by Transport
for Greater Manchester in
order to encourage more
women to ride bikes.
The team will also develop
its focus on commuter and
leisure cyclists, helping
those whose bikes have
been damaged in a collision,
get back on the road as
soon as possible.
Nadia continued: “One of
the biggest challenges for
injured cyclists is ensuring
they quickly have a serviceable
bike to use after their
accident, as more often
than not, the bike they were
riding will have been damaged
or destroyed. For
leisure or commuter cyclists,
a collision can often mean
having to completely rethink
how they get around,
as a bike may be their only
or main form of transport.
One of our goals is to make
sure that the problems of
not having access to a bike
are minimised, and our
clients are able to focus on
their recovery without having
to deal with this additional
stress.”
Richard Powell, head of the
personal injury department,
said: “We’re happy to be
able to welcome Nadia to
the team as it continues to
expand. Twisted Spokes has
always worked hard to
make sure that cyclists injured
in a collision are able
to claim the compensation
they rightfully deserve and
Nadia’s presence is a real
boost to our offering. Her
expertise in cycling claims is
undisputed and her knowledge
will ensure that our
clients are getting the service
they deserve.”
Innovative partnership between Wilmslow law
firm and Barristers Chambers results in first In-
House Barrister at Roberts Jackson
Catherine Dent is celebrating
the completion of
her pupillage and becoming
the first In-House Barrister
at Wilmslow
industrial disease specialists,
Roberts Jackson.
The firm launched the
pupillage in October 2015
in partnership with leading
Barristers’ Chambers, St
John’s Buildings. Roberts
Jackson has a reputation for
innovation and this step
was the brainchild of CEO
Karen Jackson. Explaining
the reasons behind it, she
said: “At Roberts Jackson our
priority is obtaining justice
for people who have become
ill as a consequence
of industrial disease. Following
Catherine’s experience
at one of the leading
Chambers in the UK, she
brings a new and valuable
skillset to our specialist industrial
disease solicitors.
Having in-house Counsel
will allow for speedy communication
and early
preparation in cases, which
is a great benefit to our
clients. The pupillage is the
latest in a series of new roles
aimed at making the most
of the multitude of abilities
within the firm. We offer a
wide variety of roles to suit
everyone’s talents and this is
just another route employees
can take.”
Catherine Dent
Catherine’s pupil supervisor
for the 12-month qualification
period was St John’s
Building’s Barrister, Philip
Grundy. The first six months
of the course saw her assisting
Mr Grundy and undertaking
work on his behalf
whist in the last 6 months
Cat was delighted to have
been taking on her own
work whilst being supervised
by Mr Grundy.
Speaking of the pupillage,
Catherine said:“I was extremely
fortunate to have
benefitted from such a
knowledgeable and experienced
pupil master. I am
looking forward to putting
the skills I have learned into
practice at Roberts Jackson.”
Alistair Ward, Nadia Kerr and Ruth Pearson
Send your “Movers & Shakers” to
j.baskerville@jbaskerville.co.uk
The deadline for the June edition of
The Messenger is 11th May

10 Movers & Shakers
Specialist Travel Lawyers moving to Irwin
Mitchell’s Manchester Office
Leading International Personal
Injury Team Expands
National law firm Irwin
Mitchell is boosting the
support it offers to northern
clients who have suffered
serious injury
abroad by bringing its industry-leading
International
Personal Injury
team to its Manchester office.
A new team of specialist
lawyers will be established
in the office from April, led
by Manchester-born Cheryl
Palmer-Hughes, who joined
Irwin Mitchell in 2008 as a
paralegal, based in Birmingham.
Cheryl, who is now an
Associate Solicitor, specialises
in dealing with
claims for people who have
been seriously injured
abroad and is particularly
experienced in dealing with
issues of jurisdiction (where
the claim can be brought)
and applicable law.
Providing support to clients
across the UK, the International
Personal Injury team
at Irwin Mitchell, led by
Clive Garner, has over 20
years of experience helping
victims of serious injury or
illness abroad to gain justice.
The team is ranked in
Tier 1 nationally for its International
personal injury
work in the Legal 500 and
Chambers and Partners directories.
The team have won over
£350m in damages for injured
victims and for the
families of those killed
abroad including record
awards for some individual
clients. They have also successfully
pursued a number
of ground breaking precedent
cases through the appeal
courts in England and
abroad including the European
Court of Justice.
Involved in a number of
high-profile cases, the
hugely experienced national
team has represented
victims and the families of
those killed in incidents including
The Herald of Free
Enterprise, Al Dana Dhow
and Costa Concordia disasters,
9/11 and a catalogue of
other notable cases.
The team currently represents
the families of victims
of the Germanwings
tragedy and the families of
22 victims killed in the terrorist
attack in Sousse
Tunisia in June 2015 as well
as nearly 50 injured survivors,
the team represented
families at the
recently concluded inquests
following the incident.
Cheryl said: “It is a really exciting
time to be part of
Irwin Mitchell’s International
Personal Injury team
and this expansion is a big
moment.
Cheryl Palmer-Hughes
“Personally, I am delighted
to be heading back home to
Manchester and getting
closer to my colleagues up
there, as well as continuing
the team’s vital work to provide
the very best legal support
to our northern clients.
I and rest of the team can’t
wait to get started.”
The former Urmston Grammar
School pupil has been
involved in helping many
clients seriously injured
abroad including recently
helping to secure damages
running into 7 figures for 21
British schoolchildren and
adults injured in a coach
crash in France in 2012.
Roy Beckett, Regional Managing
Partner for Irwin
Mitchell’s Manchester office,
said: “The expansion into
the Manchester office is a
great step forward for the
International Personal Injury
team and shows our
determination to evolve the
services we offer to our
clients.
“Having a northern base will
ensure we can boost the
quality of support we provide
to those in that part of
the country, with the ultimate
aim of ensuring they
get the answers and justice
they deserve regarding the
problems they have faced.”
Hilary Meredith Solicitors makes “transformational
appointment” as Peter Watson joins as CEO
Hilary Meredith Solicitors
Limited in Wilmslow has
appointed Peter Watson
as its new CEO as the firm
gears up for a period of
national expansion.
Peter Watson joins from
leading national consumer
firm Simpson Millar.
Peter Watson joined Simpson
Millar in 1992 and has
held the position of Managing
Partner since 1996 and
more latterly Managing Director
of Legal Services following
the acquisition of
Simpson Millar by Fairpoint
PLC in 2014.
In his time as Managing
Partner he took Simpson
Millar from a small 2 office
firm highly dependent on
one client and one work
type to a multi service top
75 national consumer law
firm with 13 offices nationally.
Peter Watson’s arrival will
see founder and current
CEO Hilary Meredith become
Chair of the business,
while the firm has also recently
strengthened its
main board with the appointment
of Zoe Holland,
Managing Director of ZebraLC
as a non-executive director.
Commenting on Peter Watson’s
appointment and the
firm’s strengthened management
team, Hilary
Meredith said: “This is a
transformational appointment
for the business.Over
the last twelve months, we
have enjoyed the highest
profile in our history.
“To maintain our quality
and standards but also to
develop our expansion
strategy we needed strong
leadership from within.
Peter provides this.
“He has developed a very
positive reputation in the
legal sector for the manner
and success in which he had
implemented consolidation
activities. We have known
each other for many years
Peter Watson and Hilary Meredith
and his experience will ideally
complement our ongoing
expansion and growth.”
Added Hilary:“In a market
place overrun with mergers
and acquisitions, Hilary
Meredith Solicitors has remained
fiercely independent.
We now enter very
exciting times ahead in our
plans to grow.”
Commenting on his decision
to join Hilary Meredith
Solicitors, Peter Watson said:
“Hilary Meredith Solicitors
has an outstanding reputation
and great people.
“We will be implementing
an expansion strategy
based on increasing our
market share in existing sectors
and practice areas
while also diversifying and
exploring new opportunities.
All the building blocks
are in place for a period of
sustained growth. It is a
hugely exciting time to join
the business.”
Made a claim on your insurance and want to improve your risk profile before PII renewal?
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
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LEXCEL CONSULTANCY * BUSINESS PLANNING * RISK & COMPLIANCE SERVICES * MARKETING STRATEGY * INTERNAL AUDITING * AWARD/TENDER/PII APPLICATION ASSSISTANCE

Whilst his route from
qualification, to achieving
Duty Solicitor status
(along side his colleague
Anthony Smith only last
month), to now achieving
partnership has been a
quick one, Damian is has
been regarded by Senior
Partners as “a part of the
furniture” and in fact
started his career at Burton
Copeland before the
three current Designated
Members Gwyn Lewis,
Louise Straw and Dan
Weed.
When asked about his career,
his accolade and the
future, Damian responded:
“What have Lewis Hamilton,
Wayne Rooney, Michael
Movers & Shakers 11
Damian Wall becomes the latest to achieve partnership status at Burton Copeland LLP
Phelps, Beth Tweddle &
Leona Lewis got in common?”
“World records? World
champions? X factor?,
scorer of the greatest ever
goal, in a Manchester Derby
I should add.”
“The answer is 1985, the
year they were born, which
is also when I started work
at Burton Copeland and it is
with enormous pride that
32 years later I have been
made partner at the firm I
stated working at age 17 ......
I guess you can work my
age out now!".
When asked about past
changes and the future
Damian commented:"I have
spent a bit of time away
from the mighty BC, but
man and boy I have spent
over 25 years here. The firm
has changed as drastically
and as radically as the world
and the legal landscape,
and hallelujah for that.
Smoking in the office, bad
hair, no mobile phones and
PACE which was so new nobody
had a clue what to do
with it. Ironically when I finally
got round to qualifying
as a solicitor, one of my
pieces of coursework was
on ‘the right to silence’. Despite
the efforts to diminish
the role the defence solicitor,
it is clear to me every
day that the profession is
vital to maintain, uphold
New health partner joins Browne
Jacobson’s Manchester office
Browne Jacobson’s Manchester
office has appointed
leading health
and public law partner,
Gerard Hanratty, into its
expanding health sector
team.
and evolutionise fundamental
social principals of
justice, fairness and mercy"
"I am so grateful to Gwyn,
Louise and Dan for this privilege,
and I also want to
thank Mike Mackey who has
been another tremendous
support throughout my career.
I might have been a little
late in getting here, but I
feel invigorated and encouraged
about the future."
"Unlike sportsmen and
women we lawyers tend to
improve our skill and ability
with age and experience,
especially when in such a
challenging and environment
as there is at Burton
Copeland"
Ranked in Legal 500 for his
administrative and public
law work, Gerard joins from
Capsticks Solicitors in London
where he headed up
both the public law & health
team and the information
law team.
The appointment will support
the growth of the firm’s
healthcare law practice regionally
and nationally
which is considered one of
the leading in the country
by independent experts
Chambers UK.
Gerard’s expertise includes
advising NHS trusts, commissioners,
private healthcare
providers and various
public bodies on a broad
range of issues including
health service reconfiguration
matters, issues relating
to operating as a foundation
trust, information governance
arrangements and
policies and regulatory issues.
He has also supported
NHS bodies and independent
inquiries on various
legal concerns when they
are investigating NHS bodies
governance arrangements.
Browne Jacobson’s health
law team is a recognised
leader in the provision of
legal services to the health
and social care sector and is
a trusted adviser to over 50
NHS bodies, acute trusts
and hospital groups, mental
health and well-being
trusts, ambulance trusts,
commissioning organisations,
health regulators, clinical
litigation organisations,
private sector providers.
They are panel members of
many of the public sector
purchasing consortia.
Gerard will also work closely
with the firm’s public sector
practice which has an extensive
public sector client
portfolio that includes,
amongst others, the Crown
Commercial Service the
Cabinet Office, Department
for Business, Energy &Industrial
Strategy, Department
for Work & Pensions, Welsh
Government and Natural
England.
Gerard Hanratty
Simon Tait, partner and
head of health at Browne
Jacobson said:“It is fantastic
to have someone of Gerard’s
experience on board.
He is a high-calibre lawyer
with a top quality skill set.
He has fantastic experience
in both the health and public
sector, with a deep understanding
of the challenges
faced within the
current NHS landscape
which will be a real advantage
to our existing and
prospective client base,
both locally and nationally.”
Gerard Hanratty added:
“Browne Jacobson has a
first rate reputation for their
health and public sector
legal work and I am very excited
to have the opportunity
to build on that by
continuing to give high
quality legal advice and exceptional
service to our
clients both in the North
West region and UK wide.”
This latest appointment
takes the number of fee
earners across Browne Jacobson’s
five office network
to 500.
What makes a good landing page?
Pay per click and social
media advertising are
good ways of driving new
and relevant visitors to
your website.
However, these channels
cost money for every visit –
so it’s important to pay attention
to where those visits
land on your website. Many
marketers create dedicated
landing pages for this purpose.
Why landing pages?
You will of course have
spent a long time perfecting
your homepage, and it’s
most likely well geared up
for people who have
searched for your brand
name.
However, what if they have
searched for a specific issue
they need legal advice on?
What if they have seen your
ad on social media offering
a particular service? The
homepage may not be the
best choice.
What’s more, creating a
landing page allows you to
tailor the message and content
visitors see, to drive
more conversions.
Tips for encouraging conversions
1. Relevant information –
Copy should reflect the content
of your ad, to help reassure
visitors. For PPC, the
relevance of ad, keyword
and landing page is vital to
achieve high Quality Score.
2. Minimal distractions –
The necessary information
should be on your landing
page, without providing too
many opportunities to click
away and get distracted.
3. Content – Try to keep information
above the fold,
and ‘skim-readable’. Videos
can also help increase engagement
with landing
pages.
4. USPs – Why should the
visitor choose you over your
competitors? Try to summarise
your value proposition
in a standout sentence.
5. Social proof – Including
reviews or testimonials add
another layer of trust for the
visitor and are a powerful
persuasion technique, as
are awards or accreditations.
6. Call To Action – What do
you want visitors to do
next? This should be obvious
the moment you land
on the page, thanks to the
design and wording of a
CTA – and of course, any enquiry
forms should be as
simple as possible.
Testing, testing
Perhaps the biggest benefit
of having dedicated landing
pages for your advertising
is that you can test
changes to the above, without
impacting the journey
of organic or brand visitors.
You can try different wording,
make the CTA more
prominent, or even test a
different design entirely –
your data will help you
work towards better and
better landing pages.

12 Talking Heads
Talking Heads
HM Courts & Tribunals Service has announced a flexible working pilot at six courts
including Manchester Civil Justice Centre. It said this will help it to understand how flexible
hours affect court users, so we asked practitioners “Do you think that flexible working is a
good idea in the courts?”
Fiona Gaskell
Partner & Dispute
Resolution Solicitor
Clough & Willis
The concept of flexible
working is good in theory
but for me several issues are
raised; most notably around
how courts would be
staffed. It goes without saying
that I am all for utilising
the court service more efficiently
and also trying to assist
people as much as
possible. However, many
professional users of the
court system are simply not
able to work flexible hours;
this maybe because of their
own family arrangements or
because employers will not
be entitled to ask their employees
to work out of
hours. This - in turn – could
of course raise health and
safety issues. Also, I would
be uneasy about such a
long working day. Most
lawyers start work at 8am
and I fear that costly mistakes
could be made if they
are still working late into the
evening and are not on top
form due to tiredness.
Nicholas Clough
Partner
Bromleys Solicitors
While at first blush the idea
for longer court hours appears
to be for the right reasons
– to speed up the
process and reduce the
backlog of cases – once you
look further into how it will
affect practitioners and the
public, the more it appears
to be a flawed measure.
There will be a significant
knock-on effect in terms of
the already long hours that
most solicitors and barristers
work, and it’s going to
make the working lives of
those with young families
even more difficult.
Childcare issues still fall
more regularly on the
shoulders of women than
men, and longer hours at
court could make young
mothers in the legal profession
think twice before returning
to work after having
children.
It would also make a
work/life balance more difficult,
especially for single
parents.
In an age where the government
is trying to get the
legal profession to better reflect
the diversity of the
population, this appears a
move that will have the opposite
effect.
It could also raise issues for
claimants and defendants
with families having to attend
court if they have no
childcare cover.
This could mean longer
court hours have the opposite
effect to that intended –
with cases being adjourned
because parties are unable
to attend hearings.
Nyssa Crorie
Employed Barrister
Express Solicitors
Members of the bar already
work long and unsociable
hours, conscientiously
preparing for hearings and
drafting paperwork (in addition
to time spent travelling
the length and breadth of
the country).
To expand court sitting
times will place an insufferable
strain on our working
practice. The scheme will severely
disadvantage those
with parental responsibilities;
primarily women. I
echo entirely the comments
of the Chairman of the Bar,
Andrew Langdon QC: “It is
hard to see how these plans
sit with the Government’s
commitment to improving
diversity in the profession
and the judiciary”.
A spokesperson for HMCTS
has confirmed a desire to
“improve access to justice
for everyone by making the
service more convenient for
working people”; I suspect a
more effective solution
would be to re-open some
of the 200+ courts that have
closed in the last 7 years.
I urge court users in all capacities
to actively oppose a
widespread implementation
of the flexible operating
hours scheme.
Peter Lees
Senior Associate
Squire Patton Boggs (UK)
LLP
The civil court day is currently
five hours’ long. Extending
the day to eight
hours could mean that
many hearings which are
now listed for two days can
be heard in one day, saving
considerable time and
costs. Longer opening
hours could therefore be a
good thing for civil litigation.
But this is just one example.
Would it really be better for
everyone involved in a 10-
day trial to be in Court every
day until 7pm?
Will judges be available and
willing to sit for trials of this
length?
There is also the question of
how much “flexibility”
longer sitting hours will
bring. It is not practicable
for courts to stay open late
on an ad hoc basis: and it is
not just the judge, the parties
and their lawyers who
need to consider the impact
on their lives outside the
court, including childcare, it
is all court staff.
There is a risk that “flexible
working”, far from being a
way of working that suits an
employee’s needs as the
Government envisages, will
simply become longer
working hours.
There are therefore many
unanswered questions. For
that reason, a pilot scheme
has to be welcomed as an
opportunity to establish if,
in practice, longer opening
hours lead to any tangible
improvement in access to
justice and convenience for
everyone who works for, or
interacts with, the courts.
Paul Jonson
Managing Partner
Pannone Corporate LLP
Flexible hours is in theory
laudable and to be welcomed
in principle however
I do have reservations
around the practicalities.
Out of hours hearings may
involve anti-social hours for
legal representatives ( and
court staff) and may also increase
costs. Will clients be
receptive to court hearings
that take place either very
early or later in the day?
Some parties may have to
travel long distances to
reach court and therefore
an early start time for a
court hearing may require a
party to leave home very
early in the morning ( or
travelling home late at night
if the hearing takes place
later in the day). These may
not easy arrangements to
make for some people.
Where I think the focus
needs to be is on IT investment
in the courts and the
ability to hear certain cases
remotely or by telephone.
That, in my opinion, is the
key to offering more flexibility
and would be attractive
to many court users.
Jeff Lewis
Partner, Head of
Litigation - Manchester
Brabners LLP
There's no doubt that flexible
Court hours will help litigants
who can't attend
Court during the normal
day, but it's important that
hearings are listed out-ofhours
only if the litigants
want that. Many litigants
will be unable to attend
Court outside of the normal
day, and they should not be
forced to attend Court at a
time that does not work for
them.
We also need to remember
that it may not always be
possible for lawyers to attend
out-of-hours hearings.
Some lawyers have childcare
commitments preventing
them from working
outside of the normal day;
for others it may be impracticable
to travel to Court for
an early morning hearing or
to travel home late at night.
Similarly, it would be wrong
just to assume that Judges
will be able to sit outside of
normal Court hours. They
too might be unable to
work outside of normal
hours (indeed, they may
have taken a job at the
Bench precisely for that reason).
So, for me, it’s a cautious
welcome to the pilot
scheme.
Zara Poulter
Barrister
Deans Court Chambers
The attitude towards flexible
working varies across
the different perspectives
that can be taken.
On one hand, the time pressures
imposed on advocates,
solicitors and court
staff will be increased. A late
finish at court compiled
with travel time will inevitably
mean the working
day is extended and create
obvious obstacles to home
life, causing hardship and
prejudice to those professionals
with children.
Yet, it may allow people to
accommodate court appearances
around their
working lives, much like
people attend medical appointments
after normal
working hours. This would
assist many litigants and
witnesses.
These considerations can
only really be determined
by practical experience. The
pilot scheme will demonstrate
whether flexible
working will assist or hinder
the workings of our courts.
Alison Loveday
Chief Executive
Berg
We are all working in an
ever more flexible and connected
world. Industries
must adapt and the legal
profession is no different.
Flexible hours may well suit
court users (in terms of individuals
and businesses), as
they can factor in court appearances
more easily to
suit their lives and working
day.
I am not sure, however, how
this arrangement will impact
upon the lawyers who
attend court to represent
their clients, given that this
profession is already well
known for its long hours
culture. Will the flexible
hours at court simply result
in even more ‘hours on the
job’?
Also, so far as the court staff
are concerned, many will be
used to working fixed hours
and will need to be fully
consulted about a change
in their working patterns,
which may well have significant
impact on things like
childcare or other family responsibilities.

14 Pro Bono Feature
Pro Bono in Manchester
The Manchester Legal Awards highlighted the innovative and ground-breaking
Pro Bono activity undertaken by some of the city’s firms, chambers and academic
aorganisations. The following schemes were all shortlisted in the MLA 2017...
University of Manchester Dementia
Legal Clinic
Winner of the Pro Bono
Award 2017, The Dementia
Legal Clinic – the first
of its kind in the UK – is
operated by the University’s
Legal Advice Centre
in association with Making
Space, a national charity
and leading provider
of adult health and social
care services.
It was established by Neil
Allen, a barrister and Senior
Lecturer at the University,
who has been a trustee of
Making Space since 2009. In
2015, he set up a pilot programme
with the charity
when the Government was
launching the latest phase
of its ‘Dementia Challenge’,
and the success of the clinic
quickly led to it becoming a
weekly fixture within the
Legal Advice Centre’s wider
practice.
Under Neil’s supervision,
Manchester law students
advise on cases over Skype
video links to Making Space
‘hotspots’. This enables
them to speak to clients in a
comfortable, familiar and
dementia-friendly environment,
with the right people
there to offer support. This
makes justice much more
accessible for the clients.
The clinic takes a holistic approach
to client care – as
well as looking at the legal
issues a person faces, it can
offer communication and
wellbeing support through
its partnership with Making
Space, as well as a fast-track
to the Admiral Nursing Service
which can give expert
practical, clinical and emotional
support to families
living with dementia.
In partnership with Making
Space, the health and social
care charity, it offers up to
three services for families,
depending upon their requirements:
(a) legal advice
on dementia-related issues,
(b) access to admiral nursing
advice, and (c) communication
and activity advice.
The legal service is provided
in person or via skype at the
Neil Allen with one of the students from
the Dementia Clinic at MLA 2017
University and at a range of
hotspots around the country
on the following matters:
Advance decisions to refuse
treatment;
Community care assessments;
Continuing healthcare eligibility;
Disputes around mental capacity;
Lasting powers of attorney;
Court of Protection;
Deputyship;
Deprivation of liberty safeguards
(DoLS);
Disputes around best interests
for those who lack capacity;
Provision of care (in relation
to care homes);
Adult safeguarding.
In addition to the regular
training that students must
undertake to work in the
clinic - which covers areas
such as interview skills, professional
ethics, and drafting
advice - all students
who wish to take part in a
dementia case undertake
separate specialist training.
As well as becoming Dementia
Friends, this training
– provided by people living
with dementia, lawyers and
co-ordinators from Making
Space – gives students a
much greater awareness of
the sensitive issues, as well
as an understanding of how
to deal with vulnerable
clients.
The clinic’s success has also
been thanks to the commitment
of volunteer lawyers
from local firms, who supervise
the students – they are
playing a key role in the clinical
legal education of the
next generation of lawyers.
Neil Allen commented
“There can be no doubt that
it meets a growing need -
hardly a day goes by where
dementia related issues do
not appear in the media,
and it is a hot topic for research,
including within our
university. With people living
longer, advanced planning
for one’s old age is
becoming much more common
and this is becoming
one of our biggest practice
areas.”
“The simplicity of our model
means that it can be replicated
across any number of
areas to help various sections
of the community. This
is something that we hope
to do in the coming year by
establishing a specialist
clinic in partnership with
the Deafness Support Network
to help members of
the Deaf community.”
Browne Jacobson bespoke mentoring
scheme for MMU students
In January 2016 Browne
Jacobson and Manchester
Law School at Manchester
Metropolitan University
(MMU) partnered to
launch a bespoke mentoring
scheme for students
studying for their law degree.
The scheme is aimed at providing
students with access
to dedicated mentoring
support from qualified
lawyers based in Browne Jacobson’s
Manchester office
who would guide them
through the crucial stages
of their legal career including
becoming a Newly
Qualified solicitor (NQ),
share their own expertise
on the subject and act in a
counsellor and career advisor
capacity. This is a
ground-breaking initiative
as it’s the first time MMU
had partnered with an external
law firm in this way.
Manchester partner and architect
of the scheme
Nichola Evans was keen to
develop a mentoring
scheme in the North West
which focused on the needs
of students in the higher education
sector. As a former
mentee she has first-hand
experience of the value a
mentoring scheme can
bring to both mentees and
mentors. In addition, a large
number of students who attend
MMU come from a
socio-economic background
where they are the
first in the family to attend
university and have no connections
at all with the legal
profession. Lastly, a key goal
in MMU’s teaching is developing
educational confidence
amongst their
students by focusing on improving
self-belief and selfconfidence.
Both organisations believed
that a mentoring initiative
would enhance this, and
help the students identify,
reflect upon, and build confidence
in their overall skills
development. Nichola commented
“We are very aware
of our corporate social responsibility
and are committed
to supporting our
local communities. Manchester
has one of the most
dynamic legal markets outside
London so I am really
pleased we are involved in
what I believe will be a very
rewarding scheme and a
real boost to those students
keen to pursue a successful
legal career.”
They developed a 5 step
process to ensure there was
sufficient buy-in from internal
and external stakeholders.
These included: Stage 1:
Informal discussions were
held with Browne Jacobson
lawyers in the Manchester
office to determine levels of
interest Stage 2: A formal internal
recruitment drive was
undertaken to enlist up to
10 mentors. All ten positions
were filled within an
hour of the campaign going
live. Stage 3: Discussions
with the firm’s HR team
were held to assist in designing
the mentoring
scheme. Elements included
outlining the obligations for
both mentors and mentees
and the implementation of
sufficient checks and balances
to ensure the scheme
has sufficient business
rigour. Stage 4: Prior to the
student application window
for the programme opening,
Jenny Kerr, a HR Advisor
at the firm ran a taster workshop
for 25 students from
MMU to give them fresh insight
into firm’s recommendations
for legal CVs as well
as tips on training contract
application forms. Stage 5:
MMU undertook a matching
process where applicants
were encouraged to
submit application forms
supplemented with CVs.
These were reviewed and
ten students were matched
with mentors at the firm.
The scheme was extremely
well received with students
from across all years of the
University’s LLB programme
applying. Ten undergraduate
applicants were successfully
matched up with ten
mentors from Browne Jacobson
– these ranged from
partner to junior level and
Nichola Evans
the success of the scheme
means it will be extended in
2017 to support 17
mentees.
The benefits for mentees
taking part in the scheme
means they can call upon
the experience and knowledge
of qualified lawyers
from one of the UK’s leading
law firms and have access to
an invaluable network of
legal professionals for those
starting their career, The
scheme also gives the
mentees the opportunity to
gain new perspectives on
career goals and ambitions
and a real insight into the
skills and attributes needed
by a modern lawyer.
The mentors have found the
programme equally valuable
by being able to pass
on their knowledge and expertise
and develop their
own leadership and management
skills.
Catherine Little, Head of
Manchester Law School at
MMU added: “The mentoring
scheme is vital in helping
to develop the social
and cultural capital that
some of our students need.
The dedication and commitment
of the staff at
Browne Jacobson, to our
students, is invaluable. The
mentoring scheme helps us
greatly in transforming our
students’ lives and expectations.”

Freshfields’ Legal Services
Centre and Asylum Support
Housing Advice (ASHA)
Freshfields’ Legal Services
Centre (LSC) provides
valuable pro bono assistance
to Manchesterbased
Asylum Support
Housing Advice (ASHA)
The charity, which is part
of the Greater Manchester
Immigration Aid Unit, advises
asylum seekers who
have had their initial applications
refused, who
have exhausted the appeal
process, and whose
status renders them
homeless and destitute.
For half a day each week,
four volunteers from the
LSC sit with individual
clients and help them complete
housing and support
applications, lodge appeals
and write letters to the
Home Office. They also do
some translation.
All four volunteers underwent
training from an ASHA
representative and attended
a one-day conference
on asylum support.
One strand of the initiative
is to make a lasting difference
to the communities in
which we work by supporting
access to justice and opportunity.
The strategy aims
to support a number of
groups, including refugees,
in a number of ways, including
pro bono advice, advocacy
and volunteering.
In the summer of 2015,
Freshfields established its
first Global Centre in Manchester.
The LSC was the
first of many business-support
functions to move in.
During their inductions,
new LSAs learned about the
firm’s responsible business
strategy and were asked to
identify a community initiative
that chimed with it.
Many called for greater support
for homelessness and
destitution – a growing
problem in the city.
Freshfields has a longstanding
advocacy scheme in
London where our dispute
resolution associates represent
asylum seekers in their
appeals before the Asylum
Support Tribunal. The appellants
are referred from
asylum-support organisations
based not only in London
but also elsewhere in
the UK. Working with ASHA
meant we could get involved
earlier in the asylumsupport
process and meet
both our responsible business
strategy and the
wishes of our employees.
The idea of providing pro
bono support to ASHA was
pitched to the firm’s global
pro bono partners, Head of
the LSC Olivia Balson, and
Global Centre Director
Anup Kollanethu, who all
supported the proposal
wholeheartedly.
A
In fact,
their support for the initiative
was so strong that the
senior managers involved
encouraged the LSAs to
take time out of their working
day to help ASHA. This
was in contrast to other pro
bono initiatives where people
contributed their time
outside working hours.
Freshfields has helped
ASHA support 39 of its
growing number of clients,
five of whom had dependent
children. And in 19
cases, the work carried out
by the volunteers ensured
that homelessness was prevented.
“As a small charity, ASHA
has only a couple of paid
employees and relies heavily
on a small number of volunteers
to help people who
need its services,” says Maria
Houlihan, Service Manager
at ASHA. “The charity’s
clients are typically vulnerable
and unrepresented, and
have little access to financial
or legal support from anywhere
else. By providing pro
bono support, Freshfields is
helping to ensure that such
valuable services continue
to be available to the local
community.”
With much of the 2016 Immigration
Act still to come
into force, ASHA’s clientbase
is likely to expand further,
making Freshfields’
support even more valuable.
Working with ASHA has
given the volunteers valuable
learning opportunities.
They have gained face-toface
experience with ASHA
Pro Bono Feature 15
clients and have put what
they have learnt during
their time in the LSC into
practice.
“The opportunity to gain
face-to-face experience
with ASHA clients has been
really enriching,” says LSA
Laura Sanders. “And it’s
helped to put what I’ve
learnt during my time in the
LSC into practice.”
Her colleague, Lizzy Eritobor,
agreed, commenting:
“It’s a good way of improving
my client focus. And I
get an insight into how we,
as a law firm, can help make
a significant difference to
peoples’ lives. It’s a very positive
experience.”
The initiative has also acted
as a forerunner to the upcoming
launch of a similar
programme in 2017, which
will encourage each of
Freshfields’ offices to focus
their efforts around
refugees in a way that best
fits with their people and
existing relationships. This
may be through pro bono
advice to individual
refugees, community investment
support for
refugees in host countries,
diversity input to support
the recruitment of refugees
or general support to
refugee organisations.
Greater Manchester
Law Centre
Against a backdrop of cuts
and closures, the Greater
Manchester Law Centre
opened its doors last year
- an inspiration for grassroots
community organising.
This is their story.
Across the ten districts of
the county of Greater Manchester
there used to be
nine law centres. Following
government and council
cuts just two are left (Bury
and Rochdale in the north).
We said that the downward
spiral cannot be allowed to
continue. We declared publicly
"With your help there
WILL be a law centre for
Greater Manchester".
There IS now.
We had no funds. We had
no premises. But we had the
commitment of people who
share our view - that free, independent,
high quality advice
is crucial for those in
need - and who were prepared
to put their own time
and money towards it.
We created an email list. We
established a Steering
Group (including lawyers,
voluntary sector managers,
trade unionists). We agreed
that we needed a Constitution.
We wrote a Business
Plan and sought start-up
funding.
There were of course huge
obstacles. Greater Manchester
(which isn't just "Manchester")
is an area which is
disproportionately poor.
Child poverty rates are
among the highest in the
country. And Greater Manchester
has become the
flagship for a form of "devolution"
- joining the 10
councils to the local NHS,
delegating an estimated
£2billion health shortfall to
the already cash-strapped
local authorities. There are
well-researched positive
health outcomes from providing
people with high
quality legal advice, but
there isn't so much clear
money to pay for it through
this "GM" cropping.
What exactly did we do?
First there was the "inextricable
circle" - without services,
you don't get funding.
Without funding, you can't
get premises. Without
premises, there aren't any
services. The trick is to do it
all at once. And we did it!
Second we wanted to develop
one particular service.
Without a supervising solicitor,
insurance, advice manuals
or even a computer, it is
difficult. Volunteer advisers
may not be available during
working hours. So we advertised,
found part-time and
retired advisers, trained
them, and got a local solicitor's
firm to take on supervision.
Third we had to beg a building,
and furniture to go in it,
and manage it. This can take
over everything else. You
can forget you are trying to
deliver services (never mind
advocating more generally)
because you have to overcome
the obstacles of utility
suppliers and their competition
companies all trying to
sell the same service,
alarms, intercoms, security,
lift, water, refuse, sanitary,
cleaning... You also need to
find, induct, train and manage
office volunteers, who
can no only open the door
but help give general information
and direction to
anyone calling.
Fourth we had to manage
an organisation. There has
been a huge commitment
by a few volunteer managers,
several of us trying to
maintain full time legal aid
practice at the same time.
But if you say you want to
do it, you can. We have
sought out sessional solicitors,
applied for funding
(successfully gaining a Supervising
Solicitor post for 3
years and a Development
Manager for 18 months),
and attracted over 500 supporters
to our email list, including
over 50 "core"
volunteer advisers, fundraisers,
office volunteers.
Fifth, we have sought sustainability.
By using pro
bono barristers and solicitors,
using students and volunteers,
we intend to
support the advice we give
without needing to rely on
the restrictive nature of declining
state contracts. Volunteers
are the backbone of
the law centre. We will only
sustain it through individual
and community efforts of
people doing it for ourselves.
Over 500 people attended
our Opening Event on 11
February 2017 - held at the
nearby West Indian Sports
and Social Centre, after a
short march with banner
and placards from the centre
itself, where our "Patrons"
Robert Lizar (long
time legal aid lawyer in
Moss Side) and Erinma Bell
(community activist and
prominent justice campaigner)
cut the ribbon - of
"No Access to Justice" - by
declaring that there WILL be
access to justice, here, because
we say there will.
Following this, the gathering
heard from Michael
Mansfield, who called for
more community-led law
centres, and Maxine Peake
(our very own north-west
lawyer as seen on TV), while
the Holy Name primary
school entertained us with
their steel band and the
choir of WAST (Women Asylum
Seekers Together)
called for freedom and justice
for all.
We are not just a law centre,
but a campaign for law centres,
access to the legal system,
and for justice.
And of course we aren't just
looking for pro bono lawyer
support, vital though that is
at present, to keep open the
channel to legal aid, but
also we want their structural
and long term financial
commitment. Our Lawyer
Fund Generation Scheme
calls on all lawyers in private
practice in Greater Manchester
to give us 0.5% of
their salary - and to get their
own firms to do likewise. We
aim to be around for a long
time to come.
If you are interested in
supporting the GMLC
email info@gmlaw.org.uk
and see
www.gmlaw.org.uk.
John Nicholson
Kenworthy’s Chambers

16 Mental Health Feature
Mental Health Awareness Week 2017
8th - 14th May 2017
Adrenal Exhaustion - Addicted to Stress?
Nutritional biochemist and stress expert Jeannette Jackson from the
Manchester Stress Institute says that whilst stress in an inevitable part
of life, perpetual exhaustion isn’t.
Inappropriate levels of stress not only affects our health
and wellbeing it can transform our brains to the point
where we become hard wired for addiction. That addiction
could be to food (sugar, salt), sex, gambling,
overeating, alcoholism and even work!
Are you addicted to sugar due to stress? When we feel tired
and exhausted many people reach for high sugar foods for
instant energy, but how do we enjoy the the pressure of our
job without succumbing to stress?
Jeanette Jackson says “Our bodies are wired and primed for
recovery, and we have systems designed specifically to
counteract the chemicals created during stressful periods.
But to enable the body to perform optimally day in, day out,
we need to support it with quality rest, recuperation and relaxation.
If you push it too far, too often it, fatigue is a natural
consequence.
The first step to reducing the impact stress can have on the
body is to acknowledge that the body may be struggling to
reconcile itself daily.
Signs and symptoms of adrenal exhaustion include:
Physical
Fatigue
Insomnia
Body aches
Weight gain
IBS
Cravings for sugar/ salty foods
Difficulty waking in the
mornings
Increased effort to do the
smallest of tasks
Mental / Emotional
Low mood
Apathy
Poor memory
Lack of concentration
Decreased sex drive
Decreased ability to handle
stress
Lack of enjoyment in life
Low immunity
To reduce your stress levels - Feed Your Brain
Diet can influence our mood by altering our brain chemistry.
If you want to boost your energy and mood you have to
feed your brain.
Here are three tips to help reduce stress and improve wellbeing:
1. Take an Omega Fish oil at 11am each day
Research shows that omega fatty acids help to ward off depression
and mood disorders. Omega oils are essential oils
meaning that your body cannot produce them so you must
get them from your diet. The recommended daily allowance
of omega 3 is 1000mg daily.
Ensure your diet is rich in a variety of foods containing
healthy fats such as cold-water fish such as salmon, trout,
cod, anchovies anchovies, clams, oysters, scallops, shrimp,
and squid. Also found in eggs, canola oil, walnuts, flaxseed,
flaxseed oil, soybeans, chia seeds.
2. Eat Antioxidant foods
Eating a diet rich in antioxidants can help protect the body
from the negative effects of stress. Vitamin & minerals that
protect the brain from free radical damage and thus improving
energy, mood and memory.
Minerals are from the earth and essential for human nutrition.
You get minerals from eating the plants from the earth
or eating animals that eat the plants.
Minerals are wide ranging and include potassium, magnesium,
selenium, calcium iodine, zinc and iron and although
we store some minerals in the body such as calcium and
phosphorous, we need a regular supply to satisfy our daily
requirements.
Mineral deficiencies are common in people who eat high
processed diets or areas where the land has been intensively
farmed and the deficiencies can be seen in anaemia
due to iron deficiency, weak bones due to calcium and
phosphorous deficiency and thyroid dysfunction due to low
iodine in the body.
Vitamins also play an important role in supporting the body
as they act as cofactors in producing vital chemicals for the
body - they're like a missing bit of jigsaw that's essential for
our enzymes to work.
To ensure you have a good compliment of vitamins and
minerals on a daily basis - go for the rainbow diet.
Choose a number of coloured food such as red, green and
purple and eat these in your meals until they have gone,
then next buy different colours such as yellow, blue and orange
and eat these until they have gone. This way you are
ensuring a good mixture of vitamins and minerals and extending
your repertoire of foods you buy and eat.
3. Combine Choline, Selenium & Glutathion
Choline is a water-soluble essential nutrient that falls into
the B Vitamin family, Selenium is a trace mineral that has antioxidant
properties and glutathione is an antioxidant that
is produced by the body naturally, which helps the body
fight toxicity and premature ageing.
When combined these three minerals have powerful healing
properties. They are vital to brain health and mood and
also offer the bonus of enhancing the body’s natural detoxification
process,
To reap these brain benefits, ensure you include the following
foods to your diet on a regular basis: Asparagus, avocado,
barley, Brazil nuts, egg yolks, flax seeds, mushrooms,
sundried tomatoes, sunflower seeds, sunflower butter and
walnuts.
Jeannette Jackson is a Nutritional Biochemist, published
author (Penguin Books) and executive health
expert for Inspire Corporate TV a digital multi-media
health and wellness provider.She presents Feeding
The Executive Brain to executive teams across the UK
along with seminars on stress resilience, energy, and
wellness.As a scientist Jeannette also has a specific
interest in neurophysiology and the impact of stress
and pressure on the mental and physical capabilities
of individuals, helping staff to gain supreme stamina,
increased concentration and improve memory recall.
The Manchester Stress Institute
present a range of course to ensure
staff health and wellbeing including:
Health Champion Training
Utilising the enthusiasm of your staff to inspire others to enhance
their health and well-being.
This course allows individuals in your organisation to take
the lead in motivating and inspiring others to make vital
changes in their lives for the benefit of themselves, their
family and the organisation.
Health Champions can then signpost staff to health and
wellbeing policies and initiates; and organise exciting, new
events to engage staff in health, fitness and wellness activities.
Stress Resilience for Staff
People who are more resilient respond better to change and
this course gets to the core of the individual’s cause of stress,
its impact and offers practical coping strategies to help improve
performance at work and enhance mental, physical
and emotional health.
Feeding The Executive Brain
Supreme stamina, optimum concentration and impeccable
memory recall are prerequisites for professionals who work
in high octane environments. This workshop helps to reduce
the impact stress has on the adrenal function by adopting
core principles of optimum nutrition to boost energy and
support restful sleep and help take away the struggle when
working under pressure.
The Corporate Athlete
Many organisations associate high performance with cognitive
capacity and train staff only from the neck up. But if
you are looking for sustained high performance in the face
of ever-increasing pressure and rapid change you’ll need
staff with stamina, energy with the mental AND physiological
capacity to go that extra mile when required.
Whether staff are new to sport, a walker, a runner or whatever
sport they chose, The Corporate Athlete Workshop
helps people get the most out of their fitness and offers
transferable health and wellness skills to take into the office.
For further information on any of the courses please visit
www.ManchesterStress.Com
or email: info@ManchesterStress.Com
@McrStress
The Manchester Stress Institute are offering
readers of the Messenger a 20% off in-house
courses with code Law2017

Mental Health Feature 17
Joanne Berry and Nicola
Rostron have recently settled
a case arising from a
significant road traffic accident
in Germany. The
case was unusual in that it
involved a personal injury
action, and a clinical negligence
action.
The Claimant aged 22 at the
time of the accident and
was a serving soldier, sustained
injuries in a road traffic
accident in Germany
when vehicle in which she
was travelling as a passenger
overturned.
The claim was pursued
against the MOD who employed
the driver. She was
not wearing a seatbelt and
damages were agreed to be
reduced by 25%.
The Claimant sustained
spinal injuries that required
surgery on three occasions.
The Claimant continued to
experience back ache and
so it was decided to operate
with an implant.
During surgery the implant
entered the spinal canal
causing neurological damage.
The case against the operating
surgeon was pursued in
order to obviate the effects
of the contributory negligence.
Unusually the clinical
negligence action involved
the same defendant. It was
argued that the majority of
her symptoms and disability
arose from the clinical negligence.
There was an argument
as to what was the
effect of the negligent surgery
and what would have
been the case in any event.
The RTA and Clinical negligence
cases were case managed
together.
The Clinical negligence case
post LASPO and was cost
budgeted whereas the personal
injury case was pre
LASPO and not subject to
cost budgeting.
The Claimant had intensive
rehabilitation but despite
this was left with constant
and permanent back pain
extending into both buttocks.
The right leg and
knee were weak and unstable.
She could walk for 15 to
20 minutes with a stick and
orthotics. Her gait was unsteady
and long distances
required a wheelchair. She
was likely to be dependent
on a wheelchair from age
50.
Her career in the army was
cut short. She had attempted
to return to part
time work but was unlikely
to be able to work beyond
50. She claimed for continuing
care, loss of earnings,
pension, aids and appliances
and accommodation.
There was a claim for orthotics,
physiotherapy, increased
holiday costs,
vehicle and transport costs,
house maintenance, additional
running costs, specialist
sports equipment
and sport physiotherapy.
An employment expert was
engaged to advise as to loss
of earnings, including military
benefits, and pension
loss.
The schedule was drafted
and served prior to the
XX v MoD
Joanne Berry
Nicola Rostron
We all have mental health,
just as we have physical
health. Mental health includes
our emotional, psychological,
and social
well-being, and affects
how we think, feel, and
act. It also helps determine
how we handle
stress, relate to others,
and make choices.
Mental health issues range
from the worries we all experience
as part of everyday
life, to serious long-term
conditions. It can be easy to
dismiss mental health problems
as something that
happen to other people, but
research shows that 1 in 4 of
us will experience them
each year. And the legal
community is no exception.
Many legal professionals are
reluctant to talk openly
about mental health in the
workplace, for fear they may
be perceived as weak or not
coping with the demands of
their role. At LawCare we
know that talking is an important
first step in changing
the way we think and
act about mental health. We
want to get the legal community
talking about mental
health so that anyone
who has a problem can get
support.
We want legal practices to
positively address mental
health issues in the workplace,
but it’s not always
easy to recognise the signs
in people. These are the
common ones to look out
for:
• Out-of-character behaviour
such as irritability,
mood swings, anger or
short temper
• Lack of energy, concentration
and motivation
• Frequent bouts of illness
• Problems with sleeping
• Panic attacks: these can
happen suddenly, and include
feeling sick, short of
breath, shaking, sweating
• Failure to achieve targets
despite apparent commitment
and long hours
• Overconfidence despite
making mistakes
• Withdrawal from usual social
interaction and hobbies
• Deteriorating relationships
with managers and/or colleagues
• Neglect of personal dress
and hygiene
• Increasing use of
alcohol/coming into the
workplace smelling of alcohol
A combination of these behaviours
could mean the
person is experiencing
mental health issues, and
could signal that it’s time to
think about seeking information,
support and reassurance.
Talking about mental health
at work can be difficult. People
can find it helps to be
open, and can feel relieved
that things are not hidden
any more, but they may also
experience negative reactions.
It’s important for people
to remember they are
not alone, and that many in
work have mental health
problems.
It’s a choice to talk about
mental health with colleagues
or employers, there
are no set rules, but it may
help to get the practical
support needed to stay
healthy at work.
For any organisation looking
to implement mental
health and wellbeing programmes
there is plenty of
information and support
available. The Law Society
and the Bar Council are engaged
with improving mental
health and wellbeing in
the legal profession, and the
Bar Council has recently
launched a dedicated website
‘Wellbeing at the Bar’.
The site has plenty of useful
resources, including how to
implement a mental health
and wellbeing policy
Firms and chambers are also
beginning to raise awareness
of mental health issues,
and the support available.
Several Magic Circle firms
participated in the ‘This is
Me’ campaign launched by
the Lord Mayor of London
last year. The campaign is a
platform for employees
who have experienced
mental health problems to
share their stories with others.
People’s attitudes, understanding
and behaviour
towards others with mental
health problems are more
likely to improve if they are
given the opportunity to
learn about mental health
problems from someone
who has experienced them.
Some legal organisations
have trained their staff as
Mental Health First Aiders.
The training course teaches
people how to identify, understand
and help a person
who may be developing a
mental health issue. The
programme was developed
in Australia in 2000, and is
now internationally recognised
in 23 countries.
We need to come together
as a legal community, to
raise awareness and understanding
of mental health,
in order to create healthier
and more supportive working
environments for
lawyers. Although attitudes
are changing, the fact remains
that many people
feel unable to raise mental
health problems at work,
and we need to do something
about this.
Organisations are only as
strong as their people, and a
healthy and productive
workforce where staff feel
valued and supported, will
be more committed to the
organisation’s goals and
perform better in their jobs.
Mental health matters.
Elizabeth Rimmer,
CEO, LawCare
If you would like to talk
about any issue, professional
or personal, call our
free, independent and
confidential helpline 0800
279 6888, 365 days a year,
Mon-Fri
9am-7.30pm,
weekends and public holidays,
10am-4pm. We
have a wealth of information
and resources on our
website
www.lawcare.org.uk
Mental Health Matters in
the Legal Community
change in the discount rate
and redrafted in light of the
change.
The first JSM was not successful
in part due to the impending
change of the
discount rate. The change
resulted in the claim doubling
in value. The case settled
in the second JSM for a
gross figure of
£3,582,987.50.
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! ! ! ! ! ! ! ! ! ! !
Manchester Law Society’s
Professionals’ Dinner Club
Monday 22nd May 2017
TIME: 6.00pm for 6.30pm
VENUE: S C E N E Indian Street Kitchen, 4a Leftbank, Spinningfields,
Manchester, M3 3AN
COST: £48.00 including VAT (Includes a welcome drink, 3 course meal and a
half bottle of Wine)
We are delighted to announce that our next Manchester Professionals Dinner
Club is taking place at Scene Indian Street Kitchen in Spinningfields,
your one stop destination for authentic Indian street food.
For further information or to make a booking email
HollieHirst@Manchesterlawsociety.org.uk

18 Charity and CSR
North West Solicitors use St Patrick’s Day event to raise
funds for Cash for Kids
More than £3,700 has
been raised for disabled
and disadvantaged children
across Lancashire,
following support from
law firm Farleys Solicitors.
140 people attended the
firm’s annual St Patrick’s Day
event at Bowland Brewery
in Clitheroe, enjoying a day
of live music, food, a charity
auction and a pint or two of
Guinness!
Prizes on the day were generously
donated by local
businesses and clients of
the firm, including football
tickets, tickets for the races,
music tickets, theatre tickets,
signed memorabilia and
bottles of champagne.
In total, the event raised
£3,710, with the funds
being used by Cash for Kids
to support the charity’s ongoing
projects and range of
services across Lancashire.
Ian Liddle, Partner at Farleys
Solicitors said “This is our
twelfth year of organising a
St Patrick’s Day event and
the response has been phenomenal
once again. From
the excellent prizes that
were donated to our raffle
and auction to the very generous
donations and auction
bids, we are immensely
proud to have raised more
than £3,700 for such a worthy
cause.
“We know that this money
will go a long way to helping
some of the county’s
most disadvantaged children
through the fantastic
work that Cash for Kids do.”
Nikki Thompson, Charity
Manager at Cash for Kids
said:“We would like to thank
everyone involved, for hosting
another great fundraising
event in aid of Cash for
Kids. We have been supported
by Farleys for a number
of years and really value
the relationship we have developed.
This is an amazing
amount which will help
many, many children across
Lancashire.”
With nationally recognised
experts in its key practice
areas of corporate, commercial,
crime, employment and
HR, family, litigation, sports
law, family and private
client. The firm prides itself
on combining legal expertise
with a down to earth approach,
resulting in cost
effective solutions to virtually
any legal issue. The firm
is ranked by the Chambers
and Legal 500 directories as
a leader in each of its core
practice areas, and was
awarded ‘Legal Business of
the Year’ at the 2016 Red
Rose Awards.
Manchester law firm launches Twiddlemuff initiative
for patients suffering from dementia
Clough & Willis Quiz Raises £550 for Bury Cancer
Support Centre
Bury based law firm Clough & Willis has raised £550 at its annual quiz for Bury Cancer
Support Centre which works with those touched by cancer including patients, carers
& relatives.
The event took placed at Elton Vale Sports Club with 29 local business teams taking part.This
year’s winners were I-COM International who scored 56 points followed by runners up Handelsbanken
Bolton who notched up 54 points.
Sale law firm, Slater Heelis
LLP has launched a campaign
to encourage people
to make
‘Twiddlemuffs’ for local
care home residents living
with dementia.
A Twiddlemuff is a double
thickness hand muff with
bits and bobs attached inside
and out, designed to
provide a stimulation activity
for restless hands for patients
suffering from
dementia.
The firm is calling for local
knitting enthusiasts to support
their cause creating a
Twiddlemuff following a
specially designed Slater
Heelis pattern.
The Twiddlemuffs will be
donated to local care
homes, including Sunrise
Senior Living in Hale Barns
and Urmston Manor, The
Knoll Care Partnership and
Faversham House in Urmston.
Chris Partington, Head of
the Private Client team at
Slater Heelis, said:
“Our specialist team work
closely with a number of
local care homes to provide
support on a range of issues,
from wills and the probate
process to Court of
Protection hearings and
Lasting Power of Attorney.
“We came across the novel,
but very useful, Twiddlemuffs
concept recently and
we could immediately see it
was making a huge difference
to people living with
dementia.
“We’ve already had a lot of
people wanting to get involved
and support this
campaign and and it would
be great to have even more
people involved.”
A free guide on how to knit
a Twiddlemuff is available
on the Slater Heelis website
https://www.slaterheelis.co.
u k / n e ws/slater-heelislaunches-twiddlemuffdrive-dementia/
All Twiddlemuffs can be donated
to the campaign by
dropping them off in reception
at Slater Heelis’ Sale
high street location on 16
School Road, Sale M33 7XP.
Lee Marston – partner at Clough & Willis – said: “This year’s quiz was once again a fantastic
success. It was great to see so many people taking part and it is our way of thanking the individuals
and businesses we work with. Lee added: Raising so much for such an important
local charity really added to the occasion and we hope the money helps the centre continue
with its vital work.”
Photo: Dan Beardshall (I-COM), Lee Marston (Clough & Willis), David Powell & Mike
Blackburn (both I-COM)

The Youth Justice System which deals with many of the
most vulnerable and disadvantaged young people is
failing in so many ways, in my opinion. A lack of funding
is causing massive problems. Here are some current
examples:-
1. Over the last few years a large number of custodial institutions
/ secure units / secure children’s homes in the
North West of England have been closed down. This
leaves us in the current parlous position of the only secure
institution in the North West of England being Barton
Moss which caters for under 15 year olds. The situation for
Greater Manchester children remanded to custody therefore
is that vulnerable 15 – 16 year olds go to the secure
training centre at Rainsbrook some 130 miles away in the
South East Midlands. Other 15 – 17 year olds go to
Wetherby in North Yorkshire and sometimes further afield.
Youth Justice
Is the Youth Justice System in Manchester broken?
commitments and physically assisting them in keeping
those commitments.
3. The system of cautioning has been changed. The
process for young people for many years was simple –
subject to seriousness, the basic structure was that for a
first admitted offence was a reprimand, for a second admitted
offence was a final warning and after that there
was a charge and an appearance at court. The situation
has been changed now so that the decision as to whether
to caution is ultimately the responsibility of the police officer
in the case. This can sometimes be left to even a Police
Constable. This leads to wide variations with some young
people cautioned or diverted for very serious matters such
as robbery and burglary and some not diverted or cautioned
for very minor matters such as section 5 public
order.
Other Issues
At the other extreme, new procedures have been brought
in for political reasons. The Government were anxious to
say they had scrapped anti-social behaviour orders (because
this had at one time been a manifesto commitment)
but once in power realised that it would be politically unacceptable
to remove these without replacement. Instead
they brought in an extremely complex and hastily drafted
system of civil injunctions to deal with anti-social behaviour
by young people. The disposals in these cases are not
properly structured with apparent disposals of “detention”
and “supervision” provided for but not defined. Some of
these injunctions contain wording not seen since the early
days of anti-social behaviour orders, purporting to effectively
make it arrestable and imprisonable for young people
to “cause a nuisance or annoyance”, be in groups of
two or more, and other unrealistic prohibitions.
This makes it extremely difficult for family to visit at all and
certainly not on a regular basis. This seems to be against
all of the principles espoused by the Youth Justice Board
that young people in custody should be housed as close
to home as possible. Given that approximately 70% or
more of the young people in custody have mental health
and/ or learning issues, it is particularly cruel to leave
them without family support. There seems no possible rationale
for this policy save for cost saving.
2. There is a lack of funding for support services around
the Youth Offending Service for Court. Two simple examples
can be used to demonstrate this which reflect the
change in policy in relation to Manchester & Salford Youth
Court, and again these changes of policy are based solely
on cost saving.
a. For many years there was a youth psychiatric nurse on
duty for the Courts at Manchester who would attend to
see young people (especially in the cells but also appearing
on bail) with suspected mental health issues. There is
of course an equivalent service for adults appearing at
Court where they are seen by the CPNs (Community Psychiatric
Nurses) – under the MO:DEL Scheme. The service
for youths was withdrawn a few years ago to save funds.
The Youth Offending Service maintained that they would
be able to cover this provision once the psychiatric nurse
had left but they in fact could not. They had assumed that
their healthcare workers could cover this provision but
their healthcare workers were not mental health trained.
Where a young person appears in Manchester in the cells
at Court and has psychiatric problems. There is now nobody
who can see him or her and provide analysis or assistance.
We are therefore in the crazy position where there
is a service for adults but there is not for youths despite
the prevalence of mental health issues in young people
appearing before the Courts.
b. The Bail Support Service – this was a service that was
developed to assist young people on bail, especially those
facing the more serious offences or those who were more
regular offenders. It was a standalone service, not part of
the Youth Offending Service and was separately funded.
The Bail Support Officers (of which there were originally
five at Manchester Youth Court) would conduct home visits,
collect young people and take them to appointments
and also be responsible for bringing young people to
Court to answer their bail. In other words they provided a
great deal of assistance to young people and did everything
in their power to ensure that the young people complied
with their bail conditions and attended court on the
next date of hearing. This service is no longer separately
funded. The responsibilities have been taken on by existing
Youth Offending Service Officers. The result of this is
that effectively none of the above support is now provided
to young people who are on bail support. Effectively
a bail support package now simply imposes extra
obligations on young people such as having to attend
extra appointments with the Youth Offending Service either
at the local office or at the court office. No help is
provided in terms of ferrying young people to appointments
or police stations and no help is provided in terms
of assisting with transport to court on days of court appearances.
The imposition of a bail support package now
makes it more likely that a young person will breach their
bail and therefore be arrested and kept in custody (because
a bail support package creates extra obligations for
young people to breach). In the past the bail support
package did not create extra obligations and provided
valuable assistance in reminding young people of their
Additionally, the system does not work. Lots of diversions
are in place such as restorative justice and other out of
court disposals. In theory this is a great idea to divert
young people from the criminal justice system. However,
as seems always the case in post depression Britain, the
programmes are not properly funded. Effectively young
people are let off without intervention frequently sometimes
simply writing a letter of apology or saying sorry. I
have dealt with several young people where looking at
their antecedent history it appeared it was their first piece
of offending and yet subsequently I found that they had
been diverted on 10 – 15 occasions for offences as serious
as burglary. This means that frequently the young people
don’t understand the seriousness of the situation they are
getting into, don’t understand the implications for them of
offending and are genuinely surprised when they finally
come before a court and discover that they are in serious
trouble.
In my opinion this policy simply undermines the whole
criminal justice system.
The common thread in the above examples is a lack of
funding throughout.
Access to legal advice makes an enormous difference to
people’s lives, reducing poverty and suffering. Successive
cuts in public funding for free legal help have had
a huge impact on the most vulnerable in society and
whilst we cannot seek to fill the gap left by these cuts,
helping vulnerable people must be a priority.
The Access to Justice Foundation aims to help these people
by raising funds and distributing them to organisations that
support those who need legal help but cannot access legal
aid or afford to pay.
As a lawyer you will know that access to justice is about people
who need help to enforce their rights. From the case of
a landlord who won’t fix the damp in a rental property, resulting
in cockroaches in the children’s lunch boxes, to the
mother, a victim of domestic violence, who was told by the
local authority that her children could be put into foster care
but that they would not house her because whilst her children
and husband were British, she was not. Without the
means to enforce the rights that people have, the rights
themselves are meaningless. Free legal advice provision is
vital. With access to even a one off piece of legal advice,
many of these issues could be avoided.
The Access to Justice Foundation is working closely with the
pro bono and free legal advice sector to help secure the free
legal advice services that exist and to extend services to
parts of the country where none exist so that vulnerable
people can access the help they need in order to enforce
their rights.
There are three main ways lawyers can help the Access to
Justice Foundation:
1) Unclaimed Client Accounts – It’s Not Just Peanuts
Unclaimed client account balances become an annoyance
for firms as they must be analysed and explained to auditors
Whilst the legislation dealing with these matters has been
hastily and poorly drafted, the effect is to put young people
in extremely difficult situations and make it highly
likely that they will be repeatedly arrested and eventually
imprisoned for non-criminal behaviour.
Conclusion
Overall therefore the provision of support and services for
young people has been much reduced, and a system has
developed where young people often don’t appear in
court until the damage has already been done and they
are hardened offenders and then imprisonment follows.
That imprisonment is in institutions far away and the
young person is effectively isolated from their family and
further damage is done.
At the same time as this is happening the civil injunction
system that has been brought in risks effectively criminalising
young people who have not carried out significate
criminal offending and who could be worked with in a different
way.
Rob Moussalli
Youth Court Specialist
Burton Copeland LLP
Supporting the Access to Justice Foundation
each year. Law firms can donate these dormant client account
monies to the Foundation. The Foundation is able to
provide indemnities for these donated funds. Individually,
dormant client accounts may only hold small amounts of
money, but the money can really add up. In 2015 this project
raised over £200,000.
2) Pro Bono Cost Orders
If a civil case is won with pro bono help, pro bono costs can
be ordered by the court, or included in settlements. The
costs cover any period when free representation was provided
and the amount is based on what a paying client
would recover. The costs must be paid to the ATJ Foundation
(s194 of the Legal Services Act 2007). We then distribute
the money to projects that give free legal help. Claiming
pro bono costs is a straightforward process; for more information
see our website.
3) Legal Support Trust Events
The third way you can support the Foundation is by taking
part in one of our fundraising events for the North West
Legal Support Trust, who support local advice services in the
North West.
For more information about any of these projects and
for contact details please see our website
www.atjf.org.uk.

20 Management Matters
Management Matters
This column is now into its eighth year and feedback is still good. We would still like to receive observations and ideas for
future issues. Please mail Bill Kirby at billkirby@professionalchoiceconsultancy.com or the publisher Julia Baskerville at
j.baskerville@jbaskerville.co.uk
This month:
Two areas of Compliance and control that if ignored
can bankrupt the practice with costs and
ruined reputation.
We are very lucky with the expertise available through Manchester
Law Society’s buying group Advantage
http://www.manchesterlawsociety.org.uk/mls_advantage/
This month I have worked with two of them
http://www.nasstar.com/ and https://www.xyonecybersecurity.co.uk/
to outline a mutual take on two very hot topics
about which they are expert and others in the group
complement this.
This article announces a free GDPR Awareness and Data
Health Check for MLS Members.
Available contacts
Stephen Robinson (stephen.robinson@xyone.co.uk) – MD
Charlie Edwards (charlie.edwards@xyone.co.uk) – BD (legal)
Nigel Redwood (nigel.redwood@nasstar.com) – MD
Andy Lewis (andy.lewis@nasstar.com) – BD (legal)
First – The Top 10 Threats to UK Law Firms – yes
it’s that Cyber thing again but cannot be ignored. What they
are and how you can tackle them. You do need enforceable
policies and procedures and that is not an IT issue.
Last year it is thought that 73% of the UK’s top firms have
been targeted. This % will only be reduced with proactive
action within the firm. You may be a manager, a partner, a
lawyer or support staff but whether you like it or not it is
your issue. The future of the firm can depend on it.
The Xyone view is that the top 10 are:
1. Inconsistent Approach to Security
2. Like-work, like-home: bringing lax attitudes to the office
3. Testing the system from within
4. Insecure Data
5. Phishing attempts
6. Outdated knowledge of legislation affecting them
(DPA, PECR, GDPR)
7. Home-working opening doors – establishing secure
connections
8. Isolating use of equipment – home/work phone(s),
computers, etc.
9. Software usage
10. Workplace Errors/Human Error in the Workplace
Inconsistent Approach to Security
If the firm’s team is inconsistent the least protective practice
will prevail. The effects can be devastating
- Every time you send an email to a colleague with
sensitive information in (passwords, login details,
and confidential data), their approach to security
is just as important as yours. These details could
be forwarded, stored insecurely, or viewed by
others if any devices with this email accessible is
left unlocked.
- Anything you leave unattended in your work
place could be at risk, depending on how secure
your premises are and whether all employees
have the same approach. I see many firms where
lawyers leave their computers left on when they
are out of the office and overnight. Surveys say
that 30% of staff do this. You can set computers
to log off against time parameters
- The combination of having an open-door and an
unlocked account, client details, numerous
company accounts and internal documents
could be accessed and sent to outsiders in
seconds.
- Social engineering testing identifies a tendency
to click on phishing emails
- Plus falling for unsolicited ploys.
Work life: Home life - bringing lax attitudes to the office
- Increasingly people are working from home,
hopefully with secure links but your physical
desktop is much safer at home therefor one can
relax a bit.
- Even at home we shouldn’t be so free
representing your firm and clients
- Travelling between home and work or visiting
clients presents different threats from careless
talk on the train, logging into insecure wi-fi and
even leaving lap tops
Testing the system from within
- Yes we should have a policy and prove to
ourselves that there is sufficient security. It is a bit
like testing our back up, business continuity and
DR – don’t just rely on others
- Internal security testing is an important measure
for any business of any size to take, but it isn’t
something to do blindly.
- On your IT network – portable executables to
bypass admin privileges, unauthorised remote
access, and installing third-party plugins/
extensions to your browser – come with inherent
risks. Let your own IT and management check it
but to be sure you need to spend some money
with an expert third party. Adopting this role
yourself without the proper skills and tools,
though, could cause some serious damage to
your system – irreversible damage, information
leakage and adverse effects to your work’s
processes – how expensive would that be?
- Go to a qualified third party and get yourself
certified with Cyber Essentials Plus – increasingly
in demand from your corporate clients for the
whole of their supply chain.
Insecure Data
- Our data is only as secure as where it is
stored/hosted. A significant proportion of the
data stored by law firms could be made more
secure simply through switching service
providers (for storage/hosting/communication of
data). Insecure solutions to data storage, both in
the cloud and on local systems, can undermine
the systems integrity.
- This has been one of the reasons for the hike in
cloud based services
- Cloud based and hosted providers also need to
be checked for their security and compliance
- There are at least two main entry points for
attackers - the applications and the solutions in
the cloud themselves. Hosted companies do
spend more time checking and securing this but
we need to be aware.
- It can be poorly-designed applications and poor
controls around access to systems and
information that are controlled by the firm.
- It is worth validating for any/all cloud-based
services you have, that both the solution and the
software you use to access it, are both certifiably
secure to at least sufficient standards required by
your line of work.
- We are all aware of the Drop Box lack of
compliance and being hacked. There are now
alternatives but the compliance and controls
around the new vendors have to be verified. How
do your clients feel about their data being shared
this way.
Phishing attempts
- The legitimacy of the content, along with their
content/sender(s), shouldn’t be the only thing
you are scrutinising whenever you receive an
email.
- Phishing scams can operate through
misdirection, such as including a legitimatelooking
URL which actually links to something
other than what is expected, bearing threatening
warnings or ultimatums aimed at users who
refuse to click the link(s) or provide requested
information.
- Information in emails – even the sender(s),
domains and authenticity of signatures/
accompanying company branding – can be
easily spoofed, so always double-check and if in
doubt, contact the alleged sender directly (via
phone call/seeing them in-person) to see if the
email is genuine.
- Microsoft have a helpful guide which can be
found at: https://www.microsoft.com/enus/safety/online-privacy/phishingsymptoms.aspx,
which details more signs of
phishing and actions that can be taken to report
this.
Outdated knowledge of legislation affecting them (DPA,
PECR, GDPR)
- The European Union’s General Data Protection
Regulation isn’t the only series of guidelines that
your organisation could be fined for, under your
information security and how you handle/share
data.
- The current data protection regulations, particu
larly the Data Protection Act 1998 and Privacy
and Electronic Communications Regulations
2003 (both the responsibility of the Information
Commissioner’s Office) have actionable fines
made every year, with a list of recent fines +
reasoning available from the ICO at
https://ico.org.uk/action-weve-taken/.
- Reviewing your firm’s information storage,
sharing and documenting policies/methods
could be in your best interests – to protect both
your clients and yourselves from potential
exploitation plus the resulting fines.
- GDPR, has to be considered although nor fully

Management Matters
21
effective yet – you may need to designate a Data
Protection Officer, and rethink/consider the
interaction with data from when it is captured to
when it’s deleted or archived and no longer
needed by your firm.
Home-working opening doors – establishing secure
connections
- VPN, Remote Connections, and Secure Login
Areas: all great things that allow flexible working
practice, providing they’re used securely.
- Without security, these tools could be a have a
double-whammy effect of opening up both your
work and home systems to unauthorised ex
ploitation.
- When working remotely is the network you’re
connecting to secure (not an open/public net
work liable to intrusions)
- Where is the data you’re accessing synchronised
with (especially if data hosted on work server/sys
tems is synced to your own work/home PCs) and
are there any programmes requesting access to
the data you use for work on your local machine?
- Policies should be reviewed and updated for
home work, password security and information
security controls.
- Reducing the amount of work-related
information stored and shared on devices
beyond your premises is a good practice.
Isolating use of equipment – home/work phone(s), computers,
etc.
- Once we own a piece of hardware, it’s tempting
to make use of it wherever and whenever we can,
especially if this boosts our performance. But
when considering that hardware in the office
should be vetted to a certain standard, home-use
equipment should not be allowed to pass
through that net.
- Before you use equipment at work, remember to
ask yourself:
• Does this hardware belong here?
• Who owns or has responsibility for the security of
this tech?
• If data stored on the device was breached, who
would be at fault?
Software usage
- Approved-software lists exist to keep you and
your firm safe.
- Using unapproved sources of software, or trying
to bring home-use applications for work could
expose your system.
- It is a great risk to experiment with untested/un
approved applications on your system – it needs
control and authorisation.
- Dodgy software could reduce the effectiveness of
pre-existing security controls and reduce your
likelihood of gaining Cyber Essentials
certification, is it worth it?
Human Error in the Workplace
- Human error is often found to be one of the
largest causes of vulnerabilities in systems. ICO
figures from last year showed that human error –
such as sending details the incorrect recipient,
and knowingly disposing of paperwork/hardware
insecurely was the main contributing factor to
over two thirds of data breaches, or 44% of
breaches in the legal sector.
- Almost half of breaches being down to human
error is an alarming result and something worth
seeking to change.
- Double-checking the email address, telephone/
fax number or physical address of clients –
especially new clients, whose details may not be
auto-populated as you type
- Have set procedures for disposal of sensitive
information, and keeping checklists of
information taken to events/out of the premises
so that nothing is unknowingly left behind.
Second – New Data Protection Legislation
The new Data Protection Regulations (GDPR) comes into
force, across the EU, in May 2018. Hoping the UK will be out
of the EU by then is no longer a valid strategy, as the UK
Government has confirmed that GDPR will apply in the UK,
whether we are in the EU or not.
All personal data of any UK or EU based clients must be
managed in accordance with the new regulations, or face a
fine of €20m (or 4% of global turnover). All UK based legal
businesses need to adhere to these regulations for all data
by May 2018. We shpuld resally be starting now if we haven’t
already done so.
This deadline seems a long time away, but how many names
are on your database? - 50k, 70k, 100k, more? When did you
last contact them?
Are you prepared to take a risk, or is it more sensible to remove
older clients / information that you are unable to contact
or use? If so then it makes sense to start the process
now.
Nasstar – (contact andy.lewis@nasstar.com )is supporting
firms to ensure they are ready for this legislation by providing:
• GDPR Awareness and Data Health Check
(Free to MLS Members)
• GDPR Technical Check
• Remedial Plan
For more general information on GDPR visit the Nasstar blog
and read our guide on how to ensure you are ready for the
changes coming in May 2018. http://blog.nasstar.com/general-data-protection-regulation-guide/
Bill Kirby is a director of Professional Choice Consultancy
offering advice to firms on business issues from
strategy, planning, business development, the effective
use of IT applications and IT hosting for compliance,
business continuity and DR. He can be contacted at billkirby@professionalchoiceconsultancy.com
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22 Local News
The Black Solicitors Network (BSN)
Last month saw BSN North reach its 1st birthday. It has been an exciting
first year as we established the group in Manchester as a platform
for the regions diverse legal community. Awareness of the
work we are doing continues to grow. Many thanks again to Manchester
Law Society, DWF Solicitors and JMW for their generous support
throughout the year.
In April, we also launched our student chapter, known as Grassroots. The
focus of this group is to provide our student members with the best opportunities
in gaining access to the legal profession. To kick-start the
group we held a workshop at BPP Manchester’s campus. The session
started with a summary of the current recruitment situation and how applicants
can position themselves to make the most of each opportunity.
Following this Georgena Clarke, our deputy-chair, who also sits on DWF’s
recruitment panel, gave pointers on the common pitfalls made by interviewees
and way to help you standout. Consideration was also given to
alternative routes into the profession, such as through ILEX and apprenticeships.
Equally important was the issue of setting expectations as to
the realities of life in a law firm and the chances of succeeding. We concluded
the session with a private 1-to-1 CV review, providing each delegate
with a 15-minute mini-strategy session.
chaired BSN’s City of London group since 2008 and brings with her considerable
experience and dynamism. BSN North are very much looking
forward to working with her, Cordella and the wider committee.
We are also seeking volunteers to join the North committee. BSN is open
to all who espouse the virtues of openness and inclusivity. If you would
like to be considered for a position, please write to us at:
bsnnorth@blacksolicitorsnetwork.org.
By joining the committee you will be part of one of the UK’s largest and
influential legal networks (circa 6,000 members). Our members include
students, high-street solicitors, magic-circle partners and members of
the judiciary. To be a committee member you will need to be driven and
ambitious as well as someone who is able to be creative in finding solutions
to challenges.
Similarly, if you would like to join the wider BSN community, please do
not hesitate to contact me on the email address above.
Kyle Blackburn
Chair
Black Solicitors Network
The date for our Summer Social has been confirmed as Thursday, 8th
June and will be held in the early evening. The venue and further details
will be announced in due course.
April also saw one of BSN’s founders, Cordella Bart-Stewart, step down
as CEO of BSN. Cordella will remain an integral part of BSN. Paulette
Mastin is Counsel in the Capital Markets division at Linklaters LLP and
was sworn in as the new Chair of the central BSN group. She formerly
Women in The Law UK, have another resounding success
with Be Bold for Change message on Diversity from
President of the Supreme Court in Manchester.
Women in the Law UK held their first event for 2017 on the 16th March. The Rt. Hon
Lord Neuberger, President of the Supreme Court, accompanied by his wife, Lady Angela,
was the speaker and guest of honour.
Lord Neuberger spoke about the importance of Diversity in the Judiciary which was followed
by a Q&A session with the audience. The evening was hosted by practicing Barrister
Sally Penni of Kenworthy’s Chambers and Vice Chair of The Association of Women
Barristers.
The evening was another resounding success and was attended by guests from the Judiciary,
the Bar, Solicitors and legal academics, and, once again, this event sold out with a
waiting list.
The raffle on the evening raised £1068 for three charities; Breast Cancer prevent, Royal
Free Hospital and RMCH.
To find out more about or join Women in the Law UK and find out about their upcoming
CPD events please email womeninthelaw2012@gmail.com
L-R Lady Neuberger, Lord Neuberger, HHJ Maureen Roddy and Sally Penni
Supporting St Ann’s Hospice
The President’s Charity
Dr Eamonn O’Neal DL,
Chief Executive of St Ann’s
Hospice
Charities and businesses
have traditionally been seen
as separate entities, operating
in very different worlds.
A hospice can’t possibly be
compared with a product
manufacturer; a charity to
support people with dementia
is poles apart from a
solicitor’s firm.
But, as we know, the world
in which we all operate is
ever-evolving, and consequently,
the silos between
sectors are narrowing.
The relationship between
corporate organisations and
the charity sector, for example,
has changed significantly
in recent years, and
the days of well-intentioned
CSR statements being left to
gather dust on a shelf have
long passed.
Canny executives are realising
that working closely
with a charitable cause can
not only benefit a business’s
bottom line, but can also
help increase staff engagement
and enhance the reputation
of a brand – but it’s
not always about making a
financial donation.
An affiliative management
approach which reaches beyond
the office walls allows
business leaders – whatever
their sector – to offer professional
development to staff
in a creatively tangential
manner. Participative managers
improve individual
performance – a well documented
route to raising the
business profile and profitability.
There are many varied ways
companies can work with
charitable organisations.
The best charities like to understand
the motivations of
a business and take time to
recognise the primary reasons
for their support.
They won’t just offer an off
the shelf approach, but will
instead come up with a raft
of suggestions for how you
could work together.
There are lots of ways businesses
can help out, from
joint PR or support of social
media campaigns to offering
volunteering hours or
simply running a bake sale
or adding a collection tin to
a counter or office.
Charities often have volunteers
or staff who can come
and talk to employees
about their cause, and feedback
from businesses we
work with has shown that
team morale is also positively
impacted by charity
work, as staff feel they’re
contributing to something
worthwhile that helps their
local community.
When business leaders encourage
staff to engage
with charities they are also
offering significant CPD
benefits, including helping
colleagues develop clarity
in communication and a
commitment to team action.
So, despite the fact this isn’t
always top of the list when it
comes to running a business,
working with a charity
can be simple to put in
place but can have a tangible
impact on staff, your
brand, and – ultimately -
your bottom line.

Court of Protection 23
Court of Protection – it’s a specialist area
The Court of Protection has been described as “Britain’s most
secretive court” and yet it is a Court that many people have to
deal with, often at times when their lives are in turmoil. If a
loved one is no longer able to make their own decisions because
they lack mental capacity, perhaps due to accident or illness,
then it is likely that the Court of Protection may have to
appoint a deputy to make decisions on their behalf.
The Court of Protection is its present incarnation was created under
The Mental Capacity Act 2005 which came fully into force on 1 October
2007 and was revolutionary piece of legislation for its time;
it placed the individual who lacked capacity at the heart of decisionmaking
by others on their behalf.
Deva City, Salford based Hugh Jones Solicitors are niche COP (Court
of Protection) specialists and since being formed by Hugh Jones in
2013, they have grown into nationally respected specialists in the
COP field, providing services to individual clients who lack mental
capacity and advice to other law firms and local authorities.
The firm’s Head of COP, Liz Hughes, spoke to the Messenger to explain
what her team does, how they interact with other solicitors
and how she sees the future.
Said Liz, “I am delighted that Hugh Jones Solicitors in just four years
has grown so significantly and established itself as a nationally
recognised firm in this niche area. We specialise in all aspects of
mental capacity and Court of Protection work and at the core of our
work is financial decision-making on behalf of people who lack capacity
following appointment of a deputy by the Court of Protection.
Many of our clients have sustained a brain injury as a result of an accident
or clinical negligence. We also have a large number of clients
who lack capacity because they live with dementia, have learning
difficulties or mental health issues - some clients’ lack of capacity is
temporary; the nature of their condition means that their capacity
will be restored in the future.
We have clients at either end of the spectrum of capacity; from
those who can’t make any financial decisions for themselves at all
and at the other end of the scale, clients whose capacity is very
much “borderline.” The latter clients may have a high level of understanding
or be capable of a high degree of input into decisions
made on their behalf and just need the support of a deputy in making
more significant decisions, such as the investment of a damages
award or buying or selling property. Our ethos is such that we make
sure that we are involved as much or as little in the affairs of the
client, as is appropriate with their individual circumstances; we
adapt our decision-making to their situation and don’t insist that
they fit in with what might for them be an inflexible model of running
their affairs.
I am sure that the firm will continue to go from strength to strength
and, as the Court received an average of 2,500 applications per
month in the six months to August 2016, it is likely that the demand
for expertise in mental capacity legal work will remain similarly
high.’
Solicitor Tom Young specialises in advice to local authorities and individual
clients on issues linked to the funding of care and support.
Tom said ‘we are often asked to help by local authorities if a client
is living with dementia and has now reached the point where they
require residential accommodation. Where that person doesn’t
have a family member with legal authority to manage their affairs
then an application to the Court of Protection is going to be required
to ensure that the person’s affairs are dealt with on their behalf
and that charges for their care and accommodation are paid.
We have been asked to help number of these cases and following
successful applications to the Court of Protection we make sure that
our client’s assets and capital are used in their best interests including
resolving outstanding fees for residential accommodation.
We also provide advice regarding care charges to other professional
and family members who are deputies; the rules and regulations regarding
care charges are complex and we are often asked to assist
deciphering these and ensuring that clients are charged appropriately
for any care they receive. “
Liz Hughes
Tom Young
ST. JAMES’S PLACE
WEALTH MANAGEMENT
STEVE OCCLESTON WEALTH MANAGEMENT LIMITED
Senior Partner Practice of St. James’s Place Wealth Management
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In addition to our expertise we have access to specialists within St. James’s Place Wealth
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This brochure outlines our range of wealth management services and expertise which we are
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