MM May 2017

julia2204

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).

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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

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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.”

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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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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

We firmly believe that planning for a secure future, be it for yourself, your family, or your business,

is one of the most important steps you will ever take.

We appreciate that your financial situation is unique, and therefore if financial advice is to be truly

valuable it must be based on a comprehensive and detailed overview of your financial circumstances.

However, unless your plans are acted upon and regularly reviewed, changes in your circumstances

or the effects of inflation may erode their value.

ASSISTING LEGAL PROFESSIONALS

STEVE OCCLESTON WEALTH MANAGEMENT LIMITED

Senior Partner Practice of St. James’s Place Wealth Management

PA RT N E R S I N M A N AG I N G YO U R W E A LT H

A As a Senior Partner Practice W of St. James’s Place Wealth Management, we can provide you with

a personal wealth management service designed to meet your short and long-term needs. We

can help you reach your financial goals by offering you the appropriate advice and guidance now,

and by ensuring that any plans put in place remain effective in the future no matter how your

circumstances change.

In addition to our expertise we have access to specialists within St. James’s Place Wealth

Management, as well as links with other professional bodies including solicitors and accountants,

thus enabling me to offer you a holistic wealth management service designed to meet both your

short and long-term needs.

This brochure outlines our range of wealth management services and expertise which we are

sure you will find informative in establishing effective ways to protect and enhance your future

prosperity. We very much look forward to building a professional and valuable relationship with you

in the future.

STEVE OCCLESTON WEALTH MANAGEMENT LIMITED

Senior Partner Practice of St. James’s Place Wealth Management

G

Cheshire House, 164 Main Road, Goostrey, Cheshire. CW4 8JP

Telephone: 01477 549138 Mobile: 07976 778494

Email: steven.occleston@sjpp.co.uk

www.sjpp.co.uk/stevenoccleston


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