Liverpool Law May 2017
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www.liverpoollawsociety.org.uk<br />
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<strong>May</strong> <strong>2017</strong><br />
<strong>Liverpool</strong> <strong>Law</strong><br />
Annual Quiz<br />
The Magazine for the legal sector<br />
in Merseyside and the North West<br />
Max Steinberg CBE<br />
MJLD V LLS<br />
Annual Quiz<br />
Dr. Tribe’s<br />
Vignettes of<br />
<strong>Liverpool</strong> Legal<br />
History<br />
Launch of<br />
International<br />
Festival of<br />
Business 2018<br />
F E Smith<br />
Tranmere Rovers<br />
Tranmere Rovers<br />
and <strong>Liverpool</strong><br />
<strong>Law</strong> Society<br />
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Editorial<br />
Welcome<br />
to the <strong>May</strong> edition of <strong>Liverpool</strong> <strong>Law</strong><br />
<strong>Liverpool</strong> <strong>Law</strong><br />
Needs YOU!<br />
<strong>Liverpool</strong> <strong>Law</strong> Society Magazine<br />
is produced by and for <strong>Liverpool</strong><br />
<strong>Law</strong> Society Members. This is<br />
our opportunity to share our news,<br />
events and celebrations with our<br />
friends in the legal community.<br />
Hello and welcome to this edition of <strong>Liverpool</strong> <strong>Law</strong>.<br />
<strong>May</strong> already! I hope everyone has enjoyed both the<br />
Easter break and the <strong>May</strong> Bank holiday which have<br />
certainly been very welcome and another Bank<br />
Holiday weekend end looms on the horizon, by<br />
which time hopefully, Tranmere Rovers will have<br />
secured their place back in the Football League!<br />
On that subject, many thanks to the club for the<br />
hospitality extended to members of the <strong>Liverpool</strong><br />
<strong>Law</strong> Society who were invited to attend at two recent<br />
home fixtures. An overview of those days and the<br />
work that the club are doing in the community and<br />
overseas and how members might be able to get<br />
involved are featured in an article in this edition.<br />
The last week or so has seen some significant<br />
developments on the political front with the<br />
Government announcing a general election on the 8th<br />
June with Parliament to be dissolved on 5th <strong>May</strong>.<br />
One notable consequence of this announcement is<br />
that a decision has had to be taken as to which pieces<br />
of legislation currently proceeding the Commons<br />
should continue and which should be dropped. I'm<br />
sure many readers will be aware that against that<br />
background the Government is no longer proceeding<br />
with the Prisons and Courts Bill which contained<br />
clause which may have had serious consequences for<br />
the personal injury market and <strong>Law</strong> Firms operating<br />
in it. Whether the Bill reappears at some stage in the<br />
future remains to be seen although opinion seems to<br />
be that is more likely than not, but at this stage at<br />
least, it seems that there will be postponement<br />
timescale wise at worst!<br />
As always the articles in this month's edition are<br />
many and varied so thank you to everyone who has<br />
contributed and I should say not only thank you but<br />
also congratulations to Charlie Jones for his review of<br />
Pygmalion in response to my call for such articles.<br />
Charlie will duly receive his prize courtesy of R&H<br />
wines so please keep your articles coming and of<br />
course your reviews!<br />
See you next month<br />
Peter Holland<br />
Editor<br />
editor@liverpoollawsociety.org.uk<br />
Charity spotlight...<br />
Sunflowers is an independent charity<br />
which has, over the last 30 years, helped<br />
thousands of local individuals and<br />
families coping with cancer. From our<br />
HQ on Aigburth Road we facilitate<br />
around 20,000 hours of support<br />
interventions for local people affected<br />
by cancer: patients, survivors and<br />
carers, every year.<br />
Our services include counselling,<br />
complementary therapies, exercise<br />
classes, art and craft therapies, social<br />
events and lots more. We have a small<br />
part time staff and a dedicated team of<br />
qualified and experienced volunteers<br />
who help us deliver our varied services,<br />
all of which are designed to help those<br />
affected by cancer to cope with stress,<br />
pain, and lead as healthy a life as<br />
possible.<br />
Town<br />
Hall<br />
Fine Wines<br />
Castle Street<br />
Queen Avenue<br />
Dale Street<br />
0151 345 0306<br />
Fine Wines<br />
We rely entirely on public<br />
fundraising currently, and each<br />
year need to raise around<br />
£100,000 to continue helping local<br />
people. As at least 1 in 2 of the<br />
local population will experience<br />
cancer at some point in their life,<br />
we believe our service is vital.<br />
All members' contributions to<br />
<strong>Liverpool</strong> <strong>Law</strong> are warmly<br />
welcomed. Please send your<br />
article (and photo captions where<br />
possible) or request for further<br />
information, or assistance to the<br />
editor at<br />
editor@liverpoollawsociety.org.uk<br />
Photographs should be provided<br />
in the highest resolution possible<br />
to ensure a good reproduction.<br />
The views and opinions expressed<br />
in <strong>Liverpool</strong> <strong>Law</strong> are those of the<br />
individual contributed and not<br />
those of the <strong>Liverpool</strong> <strong>Law</strong><br />
Society.<br />
Published by Baskerville<br />
Publications Limited<br />
Apt 327 Holden Mill<br />
Blackburn Road<br />
Bolton<br />
BL1 7PN<br />
Email: j.baskerville@jbaskerville.co.uk<br />
Editorial Committee<br />
Dates <strong>2017</strong><br />
02/05/<strong>2017</strong> AT 13:00<br />
05/06/<strong>2017</strong> AT 13:00<br />
03/07/<strong>2017</strong> AT 13:00<br />
07/08/<strong>2017</strong> AT 13:00<br />
04/09/<strong>2017</strong> AT 13:00<br />
02/10/<strong>2017</strong> AT 13:00<br />
Deadlines <strong>2017</strong><br />
15TH MAY FOR JUNE<br />
19TH JUNE FOR JULY<br />
17TH JULY FOR AUG<br />
14TH AUG FOR SEP<br />
18TH SEP FOR OCT<br />
16TH OCT FOR NOV<br />
13TH NOV FOR DEC<br />
www.liverpoolsunflowers.com<br />
www.liverpoollawsociety.org.uk<br />
3
From the President<br />
President’s Mentions<br />
Good afternoon, I am writing<br />
this on the day the Prime<br />
Minister decided to have a<br />
General Election, after she<br />
said she would not. 6 months<br />
is a long time in politics and<br />
maybe, maybe we will have<br />
some clarity, certainty and<br />
then confidence to deal with<br />
the problems the country<br />
faces - watch this space !<br />
We are living in interesting<br />
times and as I have said on<br />
many occasions, we lawyers<br />
will have to step up to the<br />
mark and hopefully the<br />
Government will take notice<br />
and acknowledge our<br />
contribution. One can only<br />
hope.<br />
I suppose it was one way of<br />
avoiding the testing<br />
Parliamentary Questions that<br />
we at LLS had set the<br />
Ministers recently, thanks go<br />
to Jeremy Myers. Now they<br />
are likely to rush through<br />
their business before finishing<br />
for the hustings.<br />
We hope to meet the local<br />
M.P.s in November and<br />
would value your<br />
views/questions and<br />
observations to put to maybe<br />
fresh M.P.s.<br />
On to brighter and happier<br />
matters I had a most<br />
enjoyable and successful Quiz<br />
night at the end of March the<br />
oldies (LLS) once again<br />
beating the young pretenders.<br />
Nothing beats experience,<br />
many thanks to MJLD for<br />
organising the event and<br />
SaccoMann for sponsorship. I<br />
also won the red-letter day<br />
prize donated by Lucy<br />
Grainger of SaccoMann and<br />
will report on my adventure<br />
later this year.<br />
Tranmere Rovers are also<br />
flying high in the National<br />
League, thanks to them for<br />
hosting a 2nd luncheon and<br />
to the players for the 9 goals -<br />
a record.<br />
I must remind everyone of<br />
the training regulations, you<br />
must not fall foul of the new<br />
regulations and I would ask<br />
you to look at the courses<br />
and more particularly the<br />
offers from LLS contained in<br />
this edition to ensure you can<br />
confidently sign off your<br />
declaration in September<br />
when applying for the<br />
Practising Certificate. The<br />
Season Ticket is an excellent<br />
way for your firm to provide<br />
the standard required .<br />
I would like to thank Dr John<br />
Tribe for his most interesting<br />
contribution to <strong>Liverpool</strong><br />
Legal History and look<br />
forward to further articles. I<br />
am pleased he mentions one<br />
of Birkenhead's leading<br />
personalities F.E. Smith - old<br />
boy of Birkenhead school<br />
and Lord Chancellor, also<br />
nephew of founder of Smiths<br />
Estate Agents still going<br />
strong in Hamilton Square.<br />
By the time you receive this<br />
the Legal Awards will be<br />
Diary Dates<br />
upon us and I wish all<br />
nominees the best of luck<br />
and anticipate that we will<br />
have a great time on 12th<br />
<strong>May</strong>.<br />
Can I remind you all to save<br />
the date for the Annual<br />
Dinner which will take place<br />
at The Hilton Hotel, The<br />
Strand on Thursday 16th<br />
November <strong>2017</strong> and I am<br />
pleased to confirm that Sir<br />
Brian Leveson, President of<br />
the Queens Bench Division,<br />
and old boy of <strong>Liverpool</strong> has<br />
agreed to be my guest<br />
speaker. Book your table now<br />
as numbers are limited.<br />
I am sorry to lose two of our<br />
Directors this month for<br />
personal reasons namely<br />
Sylvia Shepherd who was<br />
editor of this magazine for 3<br />
years and also an excellent<br />
contributor to the committee<br />
during her term, I wish her<br />
well in her new venture. Also<br />
my old friend John Weate<br />
who sadly has to retire due to<br />
personal family reasons.<br />
Once again many thanks to<br />
John for your contribution<br />
and my best wishes to you<br />
and family.<br />
I am however pleased to<br />
welcome 3 new Directors<br />
Eileen Chisnall, Martin<br />
Rodwell and Emma Palmer<br />
and look forward to seeing<br />
them at the General<br />
Committee and working with<br />
them.<br />
Finally sadly I have to report<br />
the death of my old friend,<br />
former Partner and colleague<br />
Norman King who passed<br />
away peacefully at home after<br />
short illness on 2nd April at<br />
the grand age of 85 years. He<br />
was a true gentleman and<br />
professional who worked<br />
tirelessly for all his clients on<br />
the Wirral. Our sympathy<br />
and good wishes go to Joan<br />
and her family at this time.<br />
Thanks once again to you all<br />
for your contributions to the<br />
Society. Please do not forget<br />
to contact us at Helix with<br />
your news views and<br />
observations and continue to<br />
use Twitter, LinkedIn and<br />
Facebook.<br />
John Ballam<br />
President<br />
Sponsored by<br />
Like us on Facebook<br />
www.facebook.com/<br />
<strong>Liverpool</strong><strong>Law</strong>Society<br />
Join us on Linked In<br />
Wed 10 <strong>May</strong><br />
Commercial Property Conference<br />
Follow us on Twitter<br />
Fri 12 <strong>May</strong><br />
Legal Awards Ceremony<br />
@Lpool<strong>Law</strong>Society<br />
Wed 17 <strong>May</strong><br />
Private Client Conference in conjunction with STEP <strong>Liverpool</strong><br />
Wed 24 <strong>May</strong><br />
Public Child <strong>Law</strong> Conference<br />
Wed 7 June<br />
Regulatory Conference<br />
Thu 8 June<br />
Summer Wine Tasting<br />
Thu 6 July<br />
Professionals’ Dinner<br />
Thu16 Nov<br />
Annual Dinner<br />
4 www.liverpoollawsociety.org.uk Photographs for <strong>Liverpool</strong> <strong>Law</strong><br />
https://www.linkedin.com/<br />
company/liverpool-law-society<br />
If any member has photographs of Merseyside or surrounding areas and would like them to be<br />
featured on future front covers of <strong>Liverpool</strong> <strong>Law</strong>, please email editor@liverpoollawsociety.org.uk.
Local News<br />
Nominations T invited for <strong>Law</strong> Society<br />
Council Vacancy for Merseyside & District<br />
There will be an election for The <strong>Law</strong> Society's Merseyside &<br />
District Co-council M member post which will fall vacant on the expiry<br />
of the terms of office of the current Council Member at the Annual<br />
General Meeting on 6 July <strong>2017</strong>. Nominations are invited from<br />
solicitors (who must be members of the <strong>Law</strong> Society) who have a<br />
registered address in the constituency concerned or who are<br />
members of a local law society in the constituency.<br />
The Annual<br />
MJLD v LLS QUIZ<br />
The successful candidate will take office at the conclusion of the<br />
AGM on 6 July <strong>2017</strong>. There will be an induction meeting for new<br />
Council members on a date to be notified to candidates as soon as<br />
possible. The normal term of office of a Council member is four<br />
years.<br />
The deadline for nominations is 10 <strong>May</strong>.<br />
For further information and for nomination forms please see<br />
http://www.lawsociety.org.uk/News/Stories/preliminarynotice-of-council-elections-<strong>2017</strong>/<br />
E<br />
T<br />
M<br />
Members of both the Merseyside Junior <strong>Law</strong>yers Division and<br />
<strong>Liverpool</strong> <strong>Law</strong> Society met to compete in the annual quiz at the<br />
Revolution Bar at Temple Court, on Thursday 30th March. With the<br />
mantle of ‘Merseyside’s Legal Masterminds’ up for grabs, it was<br />
sure to be a hotly-contested affair.<br />
Boasting an unblemished record against the ‘young pretenders’ in<br />
recent years, the LLS could be forgiven for becoming complacent.<br />
Likewise, with it all to prove, it was to be seen whether the MJLD<br />
could handle the pressure of ‘breaking the duck’ and taking home<br />
the title. Tension heightening with every question and both sides<br />
fully focused on nothing but victory, one would be forgiven for<br />
thinking they were still in court, but at the end of the evening the<br />
Morecrofts team took the crown.<br />
Expertly hosted by quizmaster Jack Roberts and kindly sponsored by<br />
Sacco Mann Legal Recruitment, it has to be said that the real<br />
winner of this event was in fact knowledge itself. Or at least it would<br />
have been were it not of course for LLS who mercilessly put the<br />
MJLD to the sword yet again (a fact that this junior lawyer is simply<br />
not in a position to acknowledge at present…).<br />
To the LLS, congratulations for proving to be true Bamber<br />
Gascoigne’s year-in, year-out. And to the MJLD, this was a guy who<br />
used to be really intelligent on the telly apparently - way before our<br />
time…<br />
Michael Fagan,<br />
Trainee at Lees Solicitors<br />
www.liverpoollawsociety.org.uk<br />
5
Local News<br />
News from the Sub-Committees<br />
Email: committees@liverpoollawsociety.org.uk for further information<br />
Family <strong>Law</strong> Committee<br />
The April meeting of the Family <strong>Law</strong> Committee was well attended<br />
by a number of practitioners from a number of firms representing<br />
the full range of family law. We discussed all our standing items and<br />
it is clear we are all passionate and very committed to what we do<br />
and often represent the local law society at various committees at<br />
court relevant to family law. Below is a report from one of our<br />
members on cross examination of vulnerable witnesses in family<br />
cases.<br />
Adele Schofield<br />
Chair<br />
Resolution HQ emailed the various Committee members, seeking<br />
views concerning cross examination of witnesses by perpetrators of<br />
abuse in the Family Court.<br />
As we are aware of the fact that there are no present provisions to<br />
prevent this happening within the Family Courts, whereas Criminal<br />
Courts are able to appoint an Advocate to undertake such cross<br />
examination. A Minister’s statement suggests that the Government<br />
has proposed to replicate the criminal provision in the Family<br />
Courts. Based on that the MOJ are intending to replicate the<br />
criminal provision, they wanted the Resolution Committee<br />
members’ views on things that they need to bear in mind, any<br />
concerns that transferring the criminal provision to the Family<br />
Courts raises.<br />
A lot of feedback was received by the Members nationally, which<br />
was referred back to the Resolution HQ, outlining a number of<br />
concerns and raising number of questions including, as to who was<br />
to actually do the Advocacy, whether it was Counsel or Solicitors;<br />
funding as to how much of it would be covered by Legal Aid;<br />
whether the Advocate would only be required to attend the cross<br />
examination for part of the case or whether they would be involved<br />
throughout the case; unused Police disclosures as to what should<br />
happen to them? A discussion is to take place with the MOJ but<br />
Resolution are now forming a Committee to discuss these and<br />
further issues, which have arisen following the feedback by the<br />
Members.<br />
Debapriya Choudhuri<br />
Criminal Practice Committee<br />
A number of matters were discussed of which the following are<br />
bullet points.<br />
1. Committee members were provided with a copy of the document<br />
issued from Nikki Johnson from the Magistrates court in relation to<br />
the Listings review. Observations from members were passed on by<br />
me and all members of the committee were given just a few days to<br />
pass on their own further observations on the published document.<br />
We will have to wait and see what lies next!<br />
2. In relation to DCS the Learned Recorder of <strong>Liverpool</strong> HH Judge<br />
Goldstone QC has asked me to remind all defence practitioners to<br />
notify the cps by e mail when defence documents are uploaded onto<br />
the system.<br />
3. There was a discussion in relation to how far the responsibility of<br />
the Duty Solicitor goes when assisting a defendant who is pleading<br />
not guilty at the first hearing. It was agreed subject to further<br />
consideration that if not instructed to act beyond that hearing the<br />
duty solicitor should not be required to complete the case<br />
management form as it could lead to problems at future hearings.<br />
The Court should engage with the defendant in person in relation to<br />
that.<br />
4. Eileen Chisnall kindly organised a meeting with Inspector Holden<br />
and Sgt Potts with regard to how the Merseyside Police intend to<br />
operate the new Bail Provisions under the Policing and Crime Act<br />
<strong>2017</strong> which comes into force on the 3rd April, <strong>2017</strong>. An offer was<br />
made for a training session to be arranged in which the profession<br />
would be invited and the committee thought that this would be very<br />
helpful. It is hoped that this can be arranged fairly quickly and I<br />
would encourage as many people to attend. There was discussion<br />
on Court hearings with regard to bail issues and we hope to have<br />
definitive answers shortly. It was certainly vented that this may be a<br />
situation where non-means tested advocacy assistance may apply.<br />
Clarification is being sought from the LAA representative on the<br />
committee.<br />
5. I have been asked to remind practitioners that an annual training<br />
ticket for next year costs £360 plus vat and entitles the holder to<br />
attend all training events.<br />
Finally whilst stepping down from the Chair of the Committee I am<br />
to remain an active member and would encourage any practitioner<br />
to e mail me on any issues they would like the committee to<br />
consider.<br />
John Weate<br />
john.weate@rmnj.co.uk<br />
Criminal Practice Committee meeting on the 23rd March, <strong>2017</strong>.<br />
Sadly, for me this is the last meeting I will preside over having<br />
advised the President of my intention to resign the chair for personal<br />
reasons. The President being present at the meeting insisted that it<br />
be recorded the Society’s thanks for my work since becoming<br />
Chairman. For my part I would like to thank all those practitioners<br />
and committee members who have supported me during the last 18<br />
months. I would also like to put on record my thanks to the staff at<br />
the <strong>Law</strong> Society especially Ann who have assisted me during this<br />
time.<br />
The work of the committee will go on especially at these troubling<br />
times in relation to fees and the next chair will require not only<br />
enthusiasm for the position but also the support of the other<br />
committee members and the profession generally.<br />
6 www.liverpoollawsociety.org.uk
Access to Justice<br />
How can we Support Access to Justice?<br />
Access to legal advice makes an enormous difference to people’s<br />
lives, reducing poverty and suffering. Successive cuts in public<br />
funding for free legal help have had a huge impact on the most<br />
vulnerable in society and whilst we cannot seek to fill the gap left<br />
by these cuts, helping vulnerable people must be a priority.<br />
The Access to Justice Foundation aims to help these people by<br />
raising funds and distributing them to organisations that support<br />
those who need legal help but cannot access legal aid or afford to<br />
pay.<br />
As a lawyer you will know that access to justice is about people who<br />
need help to enforce their rights. From the client who is worried<br />
about being threatened with eviction if they complain about a<br />
Landlord refusing to complete repairs on the property, to clients<br />
wanting advice about their employment rights after being treated<br />
unfairly following their return to work after an injury. Without the<br />
means to enforce the rights that people have, the rights themselves<br />
are meaningless. Free legal advice provision is vital. With access to<br />
even a one - off piece of legal advice, the escalation of many of<br />
these issues could be avoided.<br />
The Access to Justice Foundation is working closely with the pro<br />
bono and free legal advice sector to help secure the free legal advice<br />
services that exist and to extend services to parts of the country<br />
where none exist so that vulnerable people can access the help they<br />
need in order to enforce their rights.<br />
There are three main ways lawyers can help the Access to Justice<br />
Foundation:<br />
1) Unclaimed Client Accounts – It’s Not Just Peanuts<br />
Unclaimed client account balances become an annoyance for firms<br />
as they must be analysed and explained to auditors each year. <strong>Law</strong><br />
firms can donate these dormant client account monies to the<br />
Foundation. The Foundation is able to provide indemnities for these<br />
donated funds. Individually, dormant client accounts may only hold<br />
small amounts of money, but the money can really add up. In 2015<br />
this source of funds raised over £200,000.<br />
2) Pro Bono Cost Orders<br />
If a civil case is won with pro bono help, pro bono costs can be<br />
ordered by the court, or included in settlements. The costs cover any<br />
period when free representation was provided and the amount is<br />
based on what a paying client would recover. The costs must be paid<br />
to the ATJ Foundation (s194 of the Legal Services Act 2007). We<br />
then distribute the money to projects that give free legal help.<br />
Claiming pro bono costs is a straightforward process; for more<br />
information see our website.<br />
3) Legal Support Trust Events<br />
The third way you can support the Foundation is by taking part in<br />
one of our fundraising events for the North West Legal Support<br />
Trust, who support local advice services in the North West. The<br />
<strong>Liverpool</strong> Legal Walk is taking place on Tuesday 3rd October <strong>2017</strong>,<br />
and is a great opportunity for colleagues to come together to raise<br />
money for free legal advice charities.<br />
For more information about any of these projects and for contact<br />
details please see our website www.atjf.org.uk.<br />
Senior partner of EAD Solicitors steps down<br />
Former <strong>Liverpool</strong> <strong>Law</strong> Society President, Steve Cornforth, has stepped down as a Partner at<br />
EAD Solicitors having completed 6 years as Senior Partner at the <strong>Liverpool</strong> Firm. He has also<br />
retired from Private Practice from the end of April <strong>2017</strong>. However he has no plans to go into<br />
retirement! From 1st <strong>May</strong> he has launched the Steve Cornforth Consultancy for <strong>Law</strong>yers. The<br />
consultancy will offer support to law firms particularly in relation to Compliance, Risk<br />
Management and Training with an emphasis on PI, Industrial Disease and Clinical Negligence.<br />
Steve said – ‘The whole Personal Injury Sector is going through massive change particularly with<br />
the reforms which are scheduled to come into force in October 2018. Many firms are reviewing<br />
their work and looking to diversify. I have spent most of my professional life acting for victims of<br />
work related diseased and Clinical Negligence and will be offering support for lawyers who are<br />
looking to change direction. This will involve a combination of in-house training followed by<br />
ongoing consultancy.’<br />
Steve has also been the COLP at EAD for many years and previously chaired the Society’s<br />
Regulatory Committee. He will also be helping firms in relation to compliance matters again by<br />
way of training and support.<br />
He can be contacted via his website at www.stevecornforth.com<br />
www.liverpoollawsociety.org.uk<br />
7
Memtal Health Feature<br />
Are We Surviving or Thriving?<br />
The theme for Mental Health Awareness Week, which runs from <strong>May</strong> 8<br />
-14, is Surviving or Thriving? and this year the aim is to uncover why<br />
too few of us are thriving with good mental health. It is more than the<br />
absence of a mental health problem: people are struggling to cope with<br />
the demands of life.<br />
In the increasingly demanding and changing legal environment,<br />
resilience is important in order to thrive. Resilience is defined as the<br />
ability to resist or bounce back from adversity, and in any workplace<br />
there will be people who thrive on challenges and difficulties, while<br />
others will find it hard to cope with unexpected change or problems.<br />
Highly resilient people are flexible, adapt to new circumstances quickly,<br />
and thrive in times of constant change. Most importantly, they expect to<br />
bounce back, and feel confident that they will. That expectation is<br />
closely linked to a general sense of optimism, and finding the positive<br />
aspects in most situations.<br />
Ten tips to build resilience:<br />
• Learn to see challenges, mistakes and failures as valuable<br />
learning experiences<br />
• Give ourselves a pat on the back when things go well, forgive<br />
ourselves when things go wrong<br />
• Don’t give in to negative thoughts<br />
• Use humour to defuse and downplay difficulties<br />
• Be flexible. Nothing stays the same, especially in the<br />
workplace<br />
• Take care of physical and mental health. Get enough sleep,<br />
exercise and eat well<br />
• Take time off work, use holiday entitlements and take breaks<br />
during the working day<br />
• Recognise that a bad situation is usually temporary<br />
• Build a support network. Make time for friends and family<br />
who offer encouragement and strength. Consult supportive<br />
work colleagues<br />
• Don’t extrapolate one bad situation into another unrelated<br />
situation<br />
Attitude and perspective are fundamental to building resilience: paying<br />
attention to strengths and how to develop them, learning to accept that<br />
things won’t always go well, focusing on what is working rather than<br />
what’s not, and we will all be on our way to thriving, rather than just<br />
surviving.<br />
<strong>Law</strong>Care supports and promotes good mental health and wellbeing<br />
across the legal community. We understand life in the law, and have<br />
helped thousands of legal professionals cope with a range of issues.<br />
Our key support service is our free, confidential and independent<br />
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8 www.liverpoollawsociety.org.uk
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IFB 2018<br />
Launch of International Business Festival 2018<br />
On 4th April I attended a launch event at Oh Me Oh My in Water<br />
Street, for the International Business Festival 2018. The rebranded<br />
International Festival of Business, takes place in<br />
<strong>Liverpool</strong> once again for three weeks from 12th June 2018.<br />
Max Steinberg CBE, chair of the Festival, and Jude Kelly, creative<br />
director, both spoke about the progress the Festival had made since<br />
the first event in 2014. Despite the fact that the cabinet members<br />
who originally supported the festival have all now moved on from<br />
their posts, the Government have committed to the Festival, and to<br />
its taking place in <strong>Liverpool</strong>, in both 2018 and 2020. Whilst the<br />
event is still in the planning stage (which started immediately the last<br />
festival ended), it is proposed that once again the agenda will<br />
comprise of events and conferences, workshops and advice sessions,<br />
and opportunities for local and international businesses to meet,<br />
make contacts and promote themselves to international investors.<br />
Jude Kelly then hosted a panel session with Justin Dooley of Caffe<br />
Cream, Aine McGuire of The Sensible Code company, Phil<br />
Charnock from SwapBots and Dr Steve Powell from the <strong>Liverpool</strong><br />
Life Sciences accelerator, who talked about their own groundbreaking<br />
<strong>Liverpool</strong> based businesses who trade all over the world,<br />
and how they have benefitted from the Festival in previous years.<br />
Jude Kelly<br />
The Panel<br />
The message? The previous two festivals have brought £600 million<br />
into the UK and yet we are still learning as to the best format and<br />
way to involve as many as possible in the festival. <strong>Liverpool</strong> is<br />
currently the destination of choice for the event and <strong>Liverpool</strong><br />
Vision obviously want to keep it that way, it not only showcases our<br />
city but brings large sums into the regions hospitality venues, as well<br />
as any advantage that local businesses can gain from the advice,<br />
contacts and support on offer. Both <strong>Liverpool</strong> as a City and the City<br />
Region have a lack of businesses, and local businesses are therefore<br />
encouraged to engage with the festival and use whatever services<br />
they can to help them grow. We are all encouraged to interact,<br />
support and champion the festival as far as possible, to help our<br />
businesses, and those of our clients.<br />
A new website is being launched www.ifb2018.com and you can<br />
also follow @TheBusinessFest on twitter for the latest news.<br />
Alison Lobb<br />
Morecrofts LLP<br />
Max Steinberg CBE<br />
10 www.liverpoollawsociety.org.uk
News<br />
Tranmere Rovers and<br />
<strong>Liverpool</strong> <strong>Law</strong> Society<br />
Over the last month or so our members have<br />
had the pleasure of being the guests of<br />
Tranmere Rovers, and have seen two<br />
thrilling games and been privileged to hear<br />
about some of the very exciting plans that<br />
Mark and Nicola Palios have for the club.<br />
Peter Holland, our Editor, and lifelong<br />
Tranmere fan was delighted when our<br />
President, John Ballam, accepted the<br />
invitation to our members from Martyn Best<br />
(incidentally, a Past President of the<br />
<strong>Liverpool</strong> Society of Chartered Accountants,<br />
and now Associate Director of Tranmere).<br />
The purpose of this was to show to our<br />
members what is happening at Prenton Park,<br />
and see if there was anything that might be of<br />
interest to our members and firms in<br />
supporting. There was the added bonus of a<br />
very pleasant meal in the boardroom and<br />
seeing Tranmere win – not once but twice, as<br />
the event was so well supported that the club<br />
extended the invite with around 50 of our<br />
members and guests taking advantage.<br />
Mark and Nicky, who acquired the club in<br />
August 2014 highlighted the ambition that<br />
they have to restore the club’s fortunes by<br />
ensuring that there is a wide and sustainable<br />
business model underpinning the finances,<br />
and there is a vast array of activities which<br />
help the club engage across the Wirral and<br />
<strong>Liverpool</strong> community. The prime aim is of<br />
course promotion this season, and building<br />
upon that success.<br />
Our members heard about the work that<br />
Tranmere Rovers in the Community is doing<br />
with many disadvantaged groups, with<br />
disability programmes, young people, and the<br />
establishment of Tranmere Rovers College<br />
delivering BTEC’s to around 60 young<br />
people.<br />
Mark also talked about how the club has<br />
engaged with the Inner Mongolia government<br />
and is delivering football coaching<br />
programmes in China, and has plans to<br />
develop a growing International Football<br />
School and welcome young Chinese people<br />
and football coaches to the Wirral.<br />
There is also a very innovative approach to<br />
helping younger groups follow Tranmere via<br />
the SWA2 scheme (Super White Army),<br />
whereby anyone can buy a junior season<br />
ticket for £30 and the club will ensure that<br />
this goes to a worthy youngster who<br />
otherwise could not afford to follow their<br />
club.<br />
On the pitch there was a high degree of<br />
excitement with Tranmere beating Braintree<br />
1-0 in the first game, and then having an<br />
astonishing 9-0 victory against Solihull. This<br />
game was a record for the National League,<br />
and in fact Tranmere’s second highest victory<br />
in their 133 year history.<br />
During the presentation Mark and Martyn<br />
highlighted the many opportunities there are<br />
for our members to engage with the club and<br />
many of these programmes, and there is a<br />
reminder of these activities here.<br />
Overall, our members had two wonderful<br />
occasions of not only hearing about<br />
Tranmere, but of course in catching up with<br />
each other, and there are plans to repeat the<br />
event next season – when hopefully Tranmere<br />
will have secured that all important<br />
promotion to League Two.<br />
How you could become more engaged with<br />
Tranmere Rovers<br />
Come to more games<br />
Visit the souvenir shop<br />
Become a corporate sponsor<br />
Use their meeting and conference rooms<br />
Use the recreation centre<br />
Support Tranmere Rovers College and their<br />
BTEC graduates<br />
Talk to them about the Apprentice Levy<br />
Sign up to their domestic violence campaign<br />
Donate to the SWA2 appeal – season tickets<br />
for disadvantaged young people<br />
Come and see Madness, Libertines and Little<br />
Mix – 19/20/21st <strong>May</strong><br />
Many sponsorship opportunities (Futsal /<br />
Ladies team)<br />
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Mark and Nicky Palios<br />
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11
Movers & Shakers<br />
Morecrofts scoop Employer of<br />
the Year Award at Women in<br />
<strong>Liverpool</strong> Business Awards<br />
Future Boss Club launches in the<br />
North West<br />
Morecrofts Solicitors were crowned Employer of the Year at the<br />
recent <strong>Liverpool</strong> Women in Business Awards.<br />
The ceremony, which celebrates female-led business in the region,<br />
took place at the Crowne Plaza Hotel.<br />
Hosted by networking organisation Downtown in Business, the<br />
event saw more than 400 business people attend from throughout the<br />
city region.<br />
Morecrofts’ managing partner, Alison Lobb said: “It was an absolute<br />
honour to be named Employer of the Year in the city region. The<br />
thing that makes Morecrofts so special is our people. We have some<br />
of the best legal minds in the region, and we pride ourselves on<br />
excellent staff retention and a fantastic team.<br />
“We have invested a lot of time training and nurturing new talent, as<br />
well as assisting our women (and men) who take time off to have<br />
children. More than 12 Morecrofts babies have been born in the past<br />
few years, and I am proud to support their parents in a happy<br />
working environment. I am delighted to have been recognised for<br />
that level of support which we give to our people, as well as the way<br />
in which they can develop their careers with us, at the Women In<br />
Business Awards”<br />
A newly established North West networking group, Future Boss<br />
Club, marked its arrival with an exclusive launch event in<br />
<strong>Liverpool</strong> on 9 March.<br />
The launch event welcomed both rising talent and decision makers<br />
to explore the forward-thinking concept. Alongside the networking<br />
opportunities, guests were treated to a trio of inspirational talks from<br />
Chair of Future Boss Club Rebecca Keegan, Chief Executive of The<br />
<strong>Liverpool</strong> Knowledge Quarter Colin Sinclair and Chief Executive of<br />
The Women’s Organisation Maggie O'Carroll.<br />
Future Boss Club was created by young females for young females<br />
to help support the next generation of future leaders. Jayne Croft,<br />
corporate solicitor at Brabners, is one of the 11 female professionals<br />
who established the group.<br />
Commenting on the launch of the club, Jayne said: “Future Boss<br />
Club is all about empowering and inspiring today’s generation of<br />
young, professional women. Starting out in business can be a nervewracking<br />
experience, so we wanted to create a concept that would<br />
support our next generation of future leaders both professionally and<br />
personally.<br />
“From tackling issues head on such as how to network effectively<br />
and increase productivity, we hope that Future Boss Club becomes<br />
an integral part of <strong>Liverpool</strong>’s professional network.”<br />
Future Boss Club is a regional members-only networking group<br />
designed to inspire and support young women from the ages of 18<br />
to 30. The group will host a range of events and seminars aimed at<br />
providing ongoing support, advice and training to its members.<br />
To find out more about Future Boss Club or to become a member<br />
visit www.futurebossclub.co.uk<br />
With over 60 members Atlantic Chambers is able to offer a wide<br />
range of expertise within our specialist practice groups.<br />
Civil Litigation including Clinical Negligence,<br />
Family, Chancery & Commercial, Crime,<br />
Employment, Proceeds of Crime & Public <strong>Law</strong><br />
4-6 Cook Street, <strong>Liverpool</strong> L2 9QU<br />
T 0151 236 4421 F 0151 236 1559<br />
DX: 14176 <strong>Liverpool</strong> 1.<br />
E-mail: info@atlanticchambers.co.uk<br />
12 www.liverpoollawsociety.org.uk
Movers & Shakers<br />
Professional services specialists join forces to transform<br />
commercial dispute resolution for SMEs<br />
A group of leading professional services businesses including law<br />
firms Bermans and Moore Blatch; accountants PKF, Haines Watts<br />
and Price Bailey; legal expenses expert QBE Insurance; and<br />
insurance claims mediation specialist Flaxmans – have come<br />
together to launch a ground-breaking commercial dispute<br />
resolution service for SMEs.<br />
The new process, called Escalate, removes the barriers that currently<br />
prevent claimants from pursuing their cases by helping them with<br />
their cashflow. Escalate focusses on achieving a prompt settlement,<br />
with fixed fees payable only on a successful outcome and no upfront<br />
costs.<br />
This contrasts with the traditional commercial dispute resolution<br />
process that typically takes 18 months; is often billed by the hour;<br />
can require the payment of disbursements, such as court fees or the<br />
costs of an expert, up front; and leaves the claimant at risk from<br />
large legal bills from its advisers and exposure to the defendant’s<br />
costs in the event of an unsuccessful outcome.<br />
Escalate is a two-stage process. Firstly, Escalate focuses on a<br />
negotiated settlement, using licenced corporate recovery specialists<br />
with a track record of rapidly recovering assets to negotiate on<br />
behalf of the claimant, and encouraging the defendant to settle<br />
quickly in the client’s favour without the need for litigation. The<br />
process allows a maximum of three months for this negotiation.<br />
If the defendant is unwilling to settle in this timeframe, solicitors<br />
acting on a fully conditional basis will begin preparing for litigation<br />
with the back-up of the adverse costs insurance. As part of the<br />
service, all fees and associated costs are funded and paid on the<br />
client’s behalf all the way up to a High Court resolution, with the<br />
adverse costs risk indemnified by an insurance policy.<br />
The founders of the Escalate process are encouraging other leading<br />
professional services businesses – particularly legal practices and<br />
accountancy firms with corporate recovery teams, to sign up to use<br />
the Escalate process.<br />
The Escalate process covers the full range of commercial dispute<br />
cases – including bad debt, contractual, and negligence – that SME<br />
businesses typically face.<br />
Importantly, it can tackle cases going back up to three years,<br />
enabling businesses to start to recover monies that were previously<br />
written off and providing an unexpected cash flow injection.<br />
Escalate partner firms are currently working on a number of cases,<br />
including one involving a business that was forced to cease trading<br />
two years ago because of an unresolved dispute.<br />
Escalate is being used to see if additional funds can be returned to<br />
creditors, breaking new ground and potentially opening up a new<br />
channel through which insolvency practitioners can recover funds.<br />
Nick Harvey<br />
Nick Harvey, a partner at Bermans LLP, said: “Pursuing a<br />
commercial dispute has tended to be a costly, lengthy and risky<br />
undertaking. It’s hardly surprising, then, that many businesses<br />
decide against making a claim and reluctantly write-off what they<br />
are owed.”<br />
“Escalate is a smarter way for businesses to resolve commercial<br />
disputes: there’s no financial risk in that clients don’t pay out unless<br />
they reach a successful recovery; there’s no pressure on cash flow as<br />
we’ve removed all of the upfront costs; the fees are fixed and clear<br />
from the start; and we’re confident we can achieve early and good<br />
outcomes for clients in most cases.”<br />
For more information on Escalate visit<br />
http://www.bermans.co.uk/funding-solutions/escalate/<br />
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www.liverpoollawsociety.org.uk<br />
13
Dr Tribe’s Tribe<br />
“Dr. Tribe’s Vignettes of <strong>Liverpool</strong> Legal History”<br />
An introduction to the vignettes of <strong>Liverpool</strong> legal history<br />
Welcome to my first column for the <strong>Liverpool</strong><br />
<strong>Law</strong> Society magazine. It is a great privilege to<br />
have been asked to contribute and I am grateful<br />
to the editor for this opportunity to share some<br />
thoughts on various aspects of the history of law<br />
in <strong>Liverpool</strong>. Future columns will discuss, inter<br />
alia, biographical details on legal luminaries who<br />
are products of <strong>Liverpool</strong>’s legal scene as well as<br />
more prosaic/esoteric areas which are discussed<br />
below.<br />
As will become obvious it goes without saying why the areas should<br />
be considered both geographically and in terms of subject matter in<br />
this magazine. Apart from some notable examples, such as the<br />
<strong>Liverpool</strong> <strong>Law</strong> Society’s magnificent “A Century of <strong>Liverpool</strong><br />
<strong>Law</strong>yers” <strong>Liverpool</strong>’s legal history has largely remained a dark and<br />
neglected subject. This column will go some way to address this<br />
grave lacuna.<br />
Perhaps the best place to start in this journey is to explain why an<br />
academic, albeit with a link to practice with Exchange Chambers as<br />
an academic associate, should appear in these pages at all. Well<br />
hopefully if justification is needed it comes in the form of a long<br />
held link between (professional legal) town and gown. For over one<br />
hundred years there have been close connections between the<br />
University of <strong>Liverpool</strong> (hereafter University) and legal practitioners<br />
who practice in the town. This is most clearly exemplified by<br />
individuals who have had careers as practitioners in <strong>Liverpool</strong>, but<br />
who have also been teachers at the University. These individuals will<br />
feature as the subject of future columns and are already familiar to<br />
the readership and the broader legal world. No serious student of<br />
English and Welsh law has not touched upon the careers of the great<br />
<strong>Liverpool</strong> luminaries such as FE Smith, known to posterity as the<br />
Earl of Birkenhead following his elevation to the woolsack as Lord<br />
Chancellor. A successor in that elevated position, David Maxwell-<br />
Fyfe, otherwise known as the Earl of Kilmuir, was another<br />
<strong>Liverpool</strong> Lord Chancellor whose early practice saw him pitted<br />
against his great <strong>Liverpool</strong> rival, Sir Hartley Shawcross, later Lord<br />
Shawcross QC a man whom a number of the readership will have<br />
known and who is famous to the wider public as Attorney-General<br />
of England and Wales and, inter alia, a member of the prosecuting<br />
team at Nuremberg and co-drafter of the European Convention on<br />
Human Rights. Each of these individuals will have an entire column<br />
dedicated to their contribution to our subject.<br />
We will also examine <strong>Liverpool</strong> buildings that have featured in the<br />
administration of the law in the City. From the distinct and unique<br />
jurisdiction embodied in the <strong>Liverpool</strong> Court of Passage to the<br />
magnificent edifice that is St George's Hall and its now defunct<br />
Court of Assize, we will see how buildings in the City of <strong>Liverpool</strong><br />
have contributed to the administration of justice.<br />
We will also focus on how the University of <strong>Liverpool</strong> has<br />
contributed to the development of law, and in particular, legal<br />
history in <strong>Liverpool</strong> and beyond. For this we will see how one of<br />
our greatest legal historians, Professor FW Maitland, made some of<br />
his first contributions to academic law when he delivered lectures at<br />
the University in 1883 and 1884. Long links stretch from him to the<br />
present day through the subject of equity, most notably in the form<br />
of the late Professor David Parker. We will examine his and other<br />
contributions both to the City and law as a discipline.<br />
<strong>Liverpool</strong> is also noteworthy for a number of legal firsts, one of<br />
which is one of the first female High Court judges in England and<br />
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Dr Tribe’s Tribe<br />
Wales. We will examine the career of Mrs Justice Ebsworth and her<br />
contribution to the administration of justice as well as that of Mrs<br />
Justice Heilbron.<br />
Where the Earls of Birkenhead and Kilmuir trailblazed their way<br />
ultimately to the highest legal position in the land we will see how<br />
another <strong>Liverpool</strong> lawyer, Lord Nicholls of Birkenhead, has taken<br />
up the mantle in more recent years progressing as far the Judicial<br />
Committee of the House of Lords (as it then was). We will consider<br />
his contribution as a Lord of Appeal in Ordinary.<br />
Finally, we will examine the law collection at the Athenaeum,<br />
<strong>Liverpool</strong>’s oldest and best book endowed institution. The club<br />
contains a marvellous and overlooked collection which provides a<br />
snapshot in time of an 19th century practitioners’ library. We will<br />
examine some of the treats that reside in the library like so many<br />
pearls in a Lord Chancellor Earl’s coronet.<br />
I hope this foretaste of what is to come has whet your appetite. If<br />
this sort of treatment sounds interesting and fun then welcome<br />
aboard! If it doesn’t I will attempt to win you round over the next<br />
year or so as we progress through various vignettes of <strong>Liverpool</strong><br />
legal history. I look forward to this exciting journey through aspects<br />
of <strong>Liverpool</strong>’s legal past.<br />
<strong>Liverpool</strong> Attorneys<br />
A number of photographs have been donated to <strong>Liverpool</strong> <strong>Law</strong> Society<br />
by the family of the late Peter Howell Williams who was President of<br />
the Society in 1980-1. His family have sent them as a gift in case they<br />
may not only be of interest to local legal historians but also of use as a<br />
historical record. On the reverse side of each is the name of the<br />
practitioner and where appropriate post held. However, if members have<br />
more information, then please submit to the Editor for future<br />
publication.<br />
A P Fletcher<br />
Born 1824 died 1899.<br />
Lived Beechwood Road,<br />
Aigburth and then Sandlea,<br />
Victoria Park, Wavertree<br />
Treasurer Royal Infirmary<br />
Bluecoat Hospital.<br />
Chairman Runcorn Soap and<br />
Alkili Corp<br />
Dr. John Tribe<br />
Good Friday, April, <strong>2017</strong>.<br />
Dr. Tribe is a Senior Lecturer in <strong>Law</strong> at the School of <strong>Law</strong> and<br />
Social Justice, University of <strong>Liverpool</strong> & an Academic Associate<br />
at Exchange Chambers.<br />
Email: j.tribe@liverpool.ac.uk<br />
Twitter: @TribeBankruptcy<br />
A G Squary<br />
Became solicitor to Dock Board<br />
Lived Apooly Villas, Lower<br />
Bebington<br />
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www.liverpoollawsociety.org.uk<br />
15
Local News<br />
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<br />
Free affiliate membership of Chamber of<br />
Commerce for LLS member firms<br />
C <strong>Liverpool</strong> <strong>Law</strong> Society (LLS) is delighted to confirm it has, once again, secured a free 12-<br />
month affiliate membership (worth £150) of the <strong>Liverpool</strong> & Sefton Chambers of<br />
Commerce for member firms and organisations of the Society as a benefit of annual LLS<br />
membership.<br />
During the 12 months (from 1st June <strong>2017</strong>) the Chamber will send you details of their<br />
events which you will be able to attend at member rate; you will also receive all the<br />
membership benefits ordinarily provided to a business subscribing to the e-membership<br />
package at the Chamber. They include:<br />
D<br />
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• Access to Chamber website for each individual business<br />
• Upload news and events to the Chamber website from the company account<br />
• Individual Membership certificate<br />
• Meeting room and hot desk facilities at 1 Old Hall Street for city centre<br />
meetings<br />
• Discount on attending Chamber events<br />
• Company listing on Chamber website<br />
• Access to New Markets Export Growth programme<br />
• Access to Chamber HR Oracle Legal template documents and HR Helpline<br />
• Digital version of magazine and digital version of diary (no paper)<br />
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16 www.liverpoollawsociety.org.uk<br />
s<br />
R<br />
Affiliate Membership of the <strong>Liverpool</strong> & Sefton Chambers of Commerce entitles you to<br />
attend the Chambers’ free events and other paid events at the reduced member rate.<br />
Affiliate membership does not include all member benefits as some are reserved for full<br />
members only.<br />
Request an application form from contactus@liverpoollawsociety.org.uk<br />
School of <strong>Law</strong> and Social Justice, University of<br />
<strong>Liverpool</strong>, Community Engagement Awards Evening<br />
On 28th March, the School of <strong>Law</strong> and<br />
Social Justice hosted the annual<br />
Community Engagement Awards Evening.<br />
This important event is an opportunity to<br />
celebrate the work done by students across<br />
the city and to hear about the some of the<br />
innovative projects and partnerships that<br />
aim to support the wider community whilst<br />
also giving the students valuable work<br />
experience.<br />
Affiliate membership does not include all member benefits a<br />
We heard short presentations from students<br />
about the projects they have been involved<br />
in. These included Streetlaw, Interchange,<br />
mentoring, Social Welfare Advice and the<br />
Student <strong>Law</strong> Review. In the Streetlaw<br />
project law students give prepare and deliver<br />
classes to secondary schools on the law.<br />
The students involved in Social Welfare<br />
Advice work in the voluntary sector<br />
assisting with welfare benefits claims. In<br />
Interchange sociology students conduct<br />
research for NGOs to help them evaluate<br />
and report on their work. We heard<br />
students talk about all of these projects with<br />
passion an enthusiasm, and the common<br />
theme was how knowing that their work<br />
was be making a difference motivated them<br />
to go the extra mile.<br />
We also heard from a number of students<br />
who volunteer in different projects in the<br />
<strong>Law</strong> Clinic. We are very proud of all the<br />
work that students do in the <strong>Law</strong> Clinic,<br />
from answering the phone to researching<br />
law, interpreting for clients, writing letters<br />
and drafting documents in asylum and<br />
statelessness cases.<br />
The students spoke about their commitment<br />
to clients and about how making a<br />
difference in the real world enhanced their<br />
learning and developed their selfconfidence.<br />
Congratulations to Jenny Price<br />
(DLA Piper) and Lyn Luces (Independent<br />
consultant solicitor) for winning the award<br />
for best <strong>Law</strong> Clinic Supervisor. We could<br />
not run the general advice service without<br />
the support and commitment of the many<br />
solicitors who give their time to supervise<br />
the students’ work.<br />
Congratulations also to all the students who<br />
took part in all the projects and who spoke<br />
so passionately about their work on the<br />
evening.<br />
Lucy Yeatman,<br />
In-house Solicitor<br />
<strong>Liverpool</strong> <strong>Law</strong> Clinic
<strong>Law</strong> Society News<br />
<strong>Law</strong> Society Library -<br />
how we can help you<br />
Introduction<br />
The <strong>Law</strong> Society library has one of the most comprehensive printed collections of law material in<br />
England and Wales. It provides three key services to all members of the <strong>Law</strong> Society, irrespective of<br />
type of organisation, size or location, to support their information needs.<br />
This article briefly looks at the services we provide to members - research, access to the collection,<br />
and a same-day document delivery service. It also includes details about an additional service we are<br />
looking to introduce for which I would appreciate your feedback.<br />
1. Library research service<br />
The library deals with about 10,000 member enquiries each year, covering a wide range of legal<br />
research from point-in-time legislation, tracing precedents, case law, parliamentary material, articles,<br />
even genealogy.<br />
Enquiries come from members working in all types of legal organisations - from small firm<br />
practitioners to Top 100, in-house, and government. The majority of enquiries we receive are either<br />
by email or telephone so it does not matter where you are based, you can use our research service.<br />
For the vast majority of research there is no charge. Charges only apply if research takes longer than<br />
30 minutes and you will be notified well in advance if that is likely to happen. So, if you need research<br />
help please contact the library service on 020 7320 5946 or<br />
library@lawsociety.org.uk<br />
Telephone and emails enquiry lines are open 09.00am - 17.00pm, Monday to Friday.<br />
2. Collection service<br />
The library provides members with access to one of the most comprehensive printed collections of<br />
law material in England and Wales. The printed collection comprises of 55,000 volumes housed in a<br />
Grade 2 listed interior room at The <strong>Law</strong> Society in Chancery Lane. It is a reference only collection<br />
made up of:<br />
• Precedents - including EF&P, Atkins and a wide range of textbooks<br />
• <strong>Law</strong> Reports - a wide range of law reports for England and Wales, smaller<br />
collections for other British jurisdictions and a small collection of<br />
Commonwealth law reports<br />
• Legislation - public general acts, local and private acts, plus access to original and amended<br />
l egislation<br />
• Journals - a large collection of journal indexes and legal journals<br />
• Parliamentary - House of Commons papers from 1801 and Hansard debates from 1804<br />
• Commentary - an extensive collection of up-to-date practitioner textbooks and looseleafs<br />
The library also provides 11 public access computers, including two for visually impaired lawyers, that<br />
provide access to Lexis, Westlaw, PSL and Justis.<br />
3. <strong>Law</strong>Docs document delivery service<br />
<strong>Law</strong>Docs is the library's heavily used document delivery service and deals with around 100 member<br />
requests for copies of legal information each month. Providing it is within copyright, the majority of<br />
our collection, can be emailed straight to your inbox, be it precedent material, law reports,<br />
commentary, or legislation. Alternatively, documents can be posted, sent by DX delivery, faxed or<br />
collected. The service can be used when documents are required for current judicial proceedings.<br />
Email contact details are: lawdocs@lawsociety.org.uk and the service is open 9.00am - 5.00pm,<br />
Monday-Friday.<br />
As the library is fully compliant with the Copyright Licensing Agency (CLA) there is a copyright fee<br />
for using the service which is passed on to the CLA.<br />
4. New legal research training service<br />
We are currently investigating the value to members of creating a library legal research service<br />
providing members with practical training on the basics of legal research techniques.<br />
This would cover how to use popular commercial services such as Lexis and Westlaw, top tips to bear<br />
in mind when researching case law and legislation, and even more abstract training on areas such as<br />
legal genealogy. Training would tie in with the SRA's competencies framework.<br />
The project is in its infancy but if you have any thoughts on content, type of delivery, or may be<br />
interested in attending such a session then please contact the librarian at:<br />
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michael.maher@lawsociety.org.uk<br />
0207 320 5696 07548 678133<br />
www.liverpoollawsociety.org.uk<br />
17
Review<br />
This month Charlie Jones of Weighmans reviews...<br />
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Pygmalion<br />
Headlong Production<br />
<strong>Liverpool</strong> Playhouse, 9th March <strong>2017</strong><br />
I am sure that you will all have heard of<br />
Pygmalion/ My Fair Lady. The cockney<br />
flower girl who the toffs Professor Henry<br />
Higgins and Colonel Pickering meet, and<br />
the meeting results in Pickering making a<br />
wager with Higgins that the latter cannot<br />
use his phonetic linguistic teaching skills to<br />
enable Eliza to be presented in Hertford,<br />
Hereford and Hampshire with no clear<br />
evidence that she could not possibly have<br />
been brought up in ‘Ertford , ‘Ereford and<br />
‘Ampshire. Higgins says he can!<br />
I attended the above production of<br />
Pygmalion. It was fantastic. It was very<br />
modern, described as ‘hip hop’. The first act<br />
sees the cast mouth pre-recorded lines in<br />
voices and accents other than their own.<br />
Quite confusing, most amusing, yet very<br />
thought provoking. What do accents really<br />
tell us about a person?<br />
At the end of that scene Higgins meets<br />
Eliza, who comes from Keighley and speaks<br />
Bradfordian, and put Higgins right on how<br />
to say ‘ Keighley’. We are then transferred to<br />
his ‘ lab’, where he has very advanced sound<br />
manipulating gadgets. It reminded me of<br />
school, and the ‘language lab’, (a very<br />
modern gismo when I was at school).<br />
Shaw, being from God’s own country, lived<br />
in an era when there were rather fewer<br />
dialects in the street than there are now.<br />
Therefore, for me, the story and portrayal of<br />
so many voices really lends itself to modern<br />
society, and modern issues : slavery,<br />
snobbishness, class, racism; how we treat a<br />
person dictating how they behave (as<br />
opposed to vice versa).<br />
Other than the language lab the stage was<br />
minimalist. The characters created the<br />
scenery. The ‘not bloody likely’ Tea Party<br />
with Higgins’ Mother took place in a<br />
massive fish tank place on stage: very clever<br />
and ironic. The Ambassador’s party took<br />
place behind a screen, with only accents<br />
heard.<br />
Doolittle – Eliza’s father- does not get<br />
married in the morning (or in the evening, or<br />
indeed married). He does, however, sell his<br />
daughter to Higgins, yet still delivers his<br />
standard tirade about middle class morality.<br />
The play was riveting. I really enjoyed it.<br />
Alex Beckett made me see Higgins in a<br />
much more dynamic manner than Rex<br />
Harrison. Natalie Gavin’s Eliza would put<br />
Audrey Hepburn and Julie Andrews in the<br />
shade. It is a play about dialects, voices,<br />
accents and how they interact. You could<br />
walk around <strong>Liverpool</strong>, and you could be on<br />
stage.<br />
My advice? If you get a chance to see this<br />
production: TAKE IT !!!!!<br />
Charlie Jones,<br />
Weightmans LLP<br />
Don’t forget to submit your reviews -<br />
You could win a bottle of wine or prosecco..<br />
All you need to do is write a review of a movie, gig, festival, book, concert,<br />
play, album or favourite box set and each month one will be rewarded with<br />
their choice of a bottle of prosecco, red or white wine, very kindly supplied<br />
by R&H Fine Wines of 12 Queen Ave (just off Castle Street) <strong>Liverpool</strong>.<br />
Please give it a go!<br />
Send your entries to editor@liverpoollawsociety.org.uk<br />
18 www.liverpoollawsociety.org.uk
19<br />
www.liverpoollawsociety.org.uk<br />
CPD Events<br />
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Council Member’s Report<br />
Council Member’s Report<br />
The latest news from Charlie Jones, Council Member for Merseyside<br />
I hope that you have all had a good Easter break.<br />
There has been no Council Meeting since my last Report. As I compile this Report, I await the results of the<br />
Deputy Vice President election. We are to discuss Governance at the next meeting . The popular view is that<br />
the revised governance arrangements should be in place before a new CEO is appointed. I think this is a<br />
sensible approach. So I will update on these items next time.<br />
As I have just been on an extended Easter break, please forgive me if my report is massively cut short on this<br />
occasion: Hurray, perhaps I hear some say !<br />
Below us the the official summary of the March Council Meeting.<br />
Call me if you need. I am here to help if I can.<br />
Charlie Jones,<br />
Weightmans LLP,<br />
Joint Council Member Merseyside and District: charlie.jones@weightmans.com 0151 242 6919<br />
<strong>Law</strong> Society Council meeting summary: 22 March <strong>2017</strong><br />
Council met on 22 March for its second meeting of the calendar year.<br />
As usual, a wide range of activity was reported on by the Board Chairs<br />
and the Chief Executive. In addition to ongoing discussions on<br />
governance, Council also had the opportunity to discuss and vote on two<br />
Council member motions.<br />
Governance<br />
After a brief report in February <strong>2017</strong> from the governance review group<br />
chaired by the President, Council had the chance in March to have a<br />
fuller discussion of the role of Council, the Main Board and the<br />
Executive, emphasising among other points the key role of Council as<br />
the voice of the profession. There is still more work to do, but we are<br />
hopeful of bringing more definite proposals to Council in <strong>May</strong>. We<br />
remain keen to hear the views of the wider profession, and the e-mail<br />
address: representation@lawsociety.org.uk is still open for your<br />
thoughts.<br />
Council member motions<br />
The first motion, proposed by the Chair of the Equality, Diversity and<br />
Inclusion Committee and seconded by the Deputy Vice President<br />
(DVP), invited Council to agree to create a seat on Council for the<br />
recently established Lesbian, Gay, Bisexual and Transgender <strong>Law</strong>yers'<br />
Division. Council passed the motion by a very large majority, subject of<br />
course to the future of the seat being considered as part of the wider<br />
governance review in due course if required. The second motion, which<br />
was proposed by the Chair of the Human Rights Committee and also<br />
seconded by the DVP and overwhelmingly passed by Council, registered<br />
Council's concern at the risks to the independence of the legal profession<br />
and the rule of law in Turkey, and invited the Turkish authorities to<br />
respect due process and international standards in relation to any<br />
disciplinary proceedings against judges and lawyers.<br />
Promoting the profession - market and regulatory change<br />
Council noted our response to the Legal Services' Board's draft business<br />
plan, which had stressed the view that the LSB's main role is oversight of<br />
the front-line regulators, rather than a focus on competition at the<br />
expense of other regulatory objectives. You can view the response here:<br />
http://www.lawsociety.org.uk/policy-campaigns/consultationresponses/legal-services-board-draft-business-plan-law-society-response/<br />
Council also noted that work continues to develop the <strong>Law</strong> Society's<br />
strategy in response to the Competition and Markets Authority report on<br />
the legal services market, particularly its focus on consumer information<br />
and greater transparency on price and quality.<br />
A number of issues in civil justice came to Council's attention, among<br />
them the <strong>Law</strong> Society's representations in relation to fixed recoverable<br />
costs (Jackson LJ's review, to which you can read our response here:<br />
http://www.lawsociety.org.uk/policy-campaigns/articles/fixedrecoverable-costs-call-for-evidence-response/)<br />
and specifically in regard<br />
to the Department of Health consultation on clinical negligence. The<br />
Department had modified its pre-consultation proposals somewhat in<br />
the light of <strong>Law</strong> Society arguments, but we remain concerned at the<br />
impact on access to justice unless the scheme excludes complex cases<br />
and unusual circumstances. As clinical negligence cases are complex and<br />
lengthy by nature, we would want to ensure that correct exemptions are<br />
put in place to recognise this, and would be concerned about limits on<br />
access to specialist advice. We believe that fixed costs should be applied<br />
in a proportionate and appropriate way, and that any regime should not<br />
restrict the economic viability of solicitors undertaking these cases to the<br />
highest professional standards.<br />
Representing and supporting the profession<br />
Council was updated on our continuing engagement with government<br />
and others on Brexit. This included an ongoing programme of meetings<br />
with key stakeholders including select committees, and hosting a<br />
meeting of the Lord Chancellor's Brexit taskforce at the <strong>Law</strong> Society. It<br />
was noted, from the Director of Relationship Management's report, that<br />
Brexit remained a key issue of concern to the profession at large.<br />
Council noted that a practice note had been published on 23 February<br />
<strong>2017</strong> on legal professional privilege (LPP), in the main as a response to<br />
increasing challenges to LPP from a variety of sources. It may be found<br />
here: http://www.lawsociety.org.uk/support-services/advice/practicenotes/legal-professional-privilege/<br />
and it provides a detailed tool for the<br />
profession in understanding and applying the rules relating to LPP.<br />
Council noted that the Membership Board had received a presentation<br />
on the activity of <strong>Law</strong> Works, which collaborates with law schools and<br />
law students to support and facilitate pro bono work, and is one of a<br />
number of organisations to which the <strong>Law</strong> Society has made grants for<br />
some years.<br />
The Membership Board had also approved planned enhancement to the<br />
<strong>Law</strong> Society website to make it easier for members of the profession to<br />
contact Council members from their own geography or area of practice.<br />
In advance of holding its <strong>May</strong> <strong>2017</strong> meeting in Cardiff, Council noted<br />
the passage of the Wales Act on 31 January <strong>2017</strong>, with increased powers<br />
for law-making in Wales. In the context of this, the <strong>Law</strong> Society had met<br />
with the head of the Welsh Government Justice Policy team, with whom<br />
we are working to monitor the effect of the Her Majesty's Courts and<br />
Tribunals Service change programme on access to justice in Wales.<br />
20 www.liverpoollawsociety.org.uk
Local News<br />
Room hire available at <strong>Liverpool</strong><br />
<strong>Law</strong> Society's premises<br />
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Need a room for a meeting or event? Why not consider <strong>Liverpool</strong> <strong>Law</strong><br />
Society's new premises which are fully equipped with AV including projector,<br />
screens, and microphones. Complimentary WiFi access is included. The<br />
Society is situated in the heart of <strong>Liverpool</strong>'s commercial business district and<br />
is well-connected to the train and road network.<br />
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Meeting Room: Members £100+VAT/Non-Members £125+VAT<br />
Classroom Style seats 12, Boardroom Style seats 12 and Theatre Style seats 20<br />
Both Rooms: Members £250+VAT/Non-Members £275+VAT<br />
Classroom Style seats 44, Boardroom Style seats 32 and Theatre Style seats 60<br />
*Monday to Friday, 9.00am to 5.00pm.<br />
Additional charges apply for out of normal business hours events.<br />
Enquiries regarding availability can be made by emailing<br />
roomhire@liverpoollawsociety.org.uk<br />
Training Seat Exchange<br />
<strong>Liverpool</strong> <strong>Law</strong> Society has a Trainee Seat Exchange service. The purpose is to assist member<br />
firms and member in-house legal departments interchange trainees. The aim is to provide<br />
more training contracts on Merseyside and beyond by facilitating an exchange between firms<br />
and in-house departments who may otherwise find it difficult to offer their trainees the<br />
requisite number of seats in both contentious and non-contentious work.<br />
The Training Seat Exchange, which is open only to members of <strong>Liverpool</strong> <strong>Law</strong> Society, is a<br />
free, online service. Details of what seat a member firm can offer and what seat they are<br />
seeking appears. The exchange must be discussed and agreed between each member firm on<br />
an individual basis.<br />
If you would like to appear on the list, please complete our online form at<br />
www.liverpoollawsociety.org.uk/training-seat-exchange-form and the Society will be in touch<br />
with you.<br />
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www.liverpoollawsociety.org.uk<br />
21
Charity and CSR<br />
Charity and CSR Matters<br />
Hello! Some great news of your<br />
fundraising activities this month. If<br />
you would like to tell others about<br />
your CSR activities, please send me an<br />
article. Equally, if you want to get<br />
other lawyers involved in offering probono<br />
advice, know of an opening for<br />
a charity Trustee or want us to feature<br />
a particular charity, then let me know<br />
and I will feature the opportunities on<br />
these pages. You can e-mail me at<br />
matthew.smith@weightmans.com<br />
Riverview <strong>Law</strong> Bid to Raise £5,000 for Ronald<br />
McDonald House<br />
Riverview <strong>Law</strong> are hoping to close in on their target of raising<br />
£5,000.00 for their charity of the year, Ronald McDonald House at<br />
Arrowe Park Hospital.<br />
Riverview <strong>Law</strong> are committed to encouraging their team to support<br />
and become involved in community initiatives and charitable work.<br />
This includes raising sponsorship and donations which are<br />
distributed to national and local charities. The Company has a staff<br />
Charity Committee in place to support and encourage the<br />
involvement of staff in community initiatives and charitable work.<br />
The Company provides the Charity Committee with an annual<br />
budget and they select and work with a different charity each year.<br />
The Charity Committee have raised £2,700.00 so far for Ronald<br />
McDonald House by undertaking activities during 2016 which<br />
included the setting up and running of a Tuck Shop, the X runner<br />
challenge, Krispy Kreme donut day, Cyclathon, Office Auction,<br />
Raffle and fancy dress days to name but a few.<br />
Riverview’s last push for fundraising for Arrowe Park will be a<br />
sponsored walk, from the Wirral office to the Manchester office (40<br />
miles!) at the end of April, after which they will see how close they<br />
have gotten to their £5,000 target for the year.<br />
The Company will then choose their next charity of the year, which<br />
sees employees vote for one of three short-listed charities. Events<br />
will commence again with the Company’s much loved ‘Office<br />
Auction’ followed by a summer Fun Day and charity car wash.<br />
In addition to their fundraising activities for the charity of the year,<br />
the Company itself donates a fixed sum per quarter year, for staff to<br />
nominate local charities to receive a one-off donation. The Charity<br />
Committee collates and considers the submissions for each quarter<br />
and awards donations.<br />
24 www.liverpoollawsociety.org.uk
Charity and CSR<br />
Chief Executive in the Running<br />
Chief Executive of Maxwell Hodge Solicitors, Simon Leyland, will<br />
swap his suit for his running shoes on the 2nd June <strong>2017</strong> to raise<br />
funds for Dementia UK.<br />
Simon will be running from the West Coast to the East Coast, 86<br />
miles in total, aiming to complete the run over 3 days. Simon will<br />
run along the Hadrian’s Wall path (known as the National Trail)<br />
from Bowness in Solway near Carlisle, to Newcastle. Simon is<br />
calling it “The History Run” …. being a Roman wall and all!<br />
Dementia UK are a Charity who support people suffering from<br />
dementia in their homes with a network ! of Admiral Nurses. The<br />
Charity also supports those family members who care for loved ones<br />
with dementia.<br />
Simon said “I wanted to set myself a challenge that would require a<br />
huge amount of effort and determination so I could try and raise as<br />
much money as possible for the such an amazing charity. Like many<br />
others my family has been affected by this terrible disease”.<br />
Back in 2015 Simon set himself his first challenge of running 127<br />
miles in 5 days from the Leeds to <strong>Liverpool</strong> canal for the<br />
Alzheimer's Society and raised nearly £4,000 and he hopes to raise<br />
even more this time around.<br />
For more information about the charity visit www.dementiauk.org<br />
Are you a charity hero?<br />
Do you provide pro-bono legal advice? Do you volunteer for a<br />
charity in your spare time? Are you a charity trustee? Have you<br />
set up your own charity? Done something amazing for a<br />
charity close to your heart?<br />
Then stop hiding your light under a bushel! I am looking<br />
individuals from the legal sector to take part in a ‘spotlight’<br />
feature on these pages, which will shout about the<br />
achievements of a different charity hero each month. Stop<br />
being modest and get involved.<br />
Send me an e-mail at matthew.smith@weightmans.com if you<br />
would like to take part.<br />
! ! ! ! ! ! ! ! ! ! ! ! ! ! !<br />
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www.gcs-title.co.uk | 01435 868050 | underwriters@gcs-title.co.uk<br />
Guaranteed Conveyancing Solutions Limited is authorised and r<br />
egulated by the Financial Conduct Authority<br />
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Registered in England and Wales No. 3623950<br />
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www.liverpoollawsociety.org.uk<br />
25
“SAN CARLO HAS THE INGREDIENTS<br />
OTHERS CAN ONLY DREAM OF”<br />
The Observer<br />
Aldo Zilli now part of<br />
the San Carlo team<br />
WWW.SANCARLO.CO.UK<br />
41 Castle St, <strong>Liverpool</strong>, Merseyside, L2 9SH<br />
liverpool@sancarlo.co.uk | T: +44 (0)151 236 0073<br />
@SanCarlo_Group<br />
WINNER OF THIRTY SIX PRESTIGIOUS AWARDS
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For full details & to book, visit: www.liverpoollawsociety.org.uk<br />
www.liverpoollawsociety.org.uk<br />
27
Regulation<br />
Regulation Update<br />
The latest regulation news from<br />
Michelle Garlick of Weightmans LLP<br />
I hope everyone had a good Easter break? Here’s a summary of<br />
what’s been happening in the regulatory world in the past month:<br />
SRA reviews complaints procedures<br />
The SRA has confirmed that it has commissioned two independent<br />
research companies (London Economics and YouGov) to review the<br />
way law firms handle complaints and how this can impact on the<br />
perceived quality of service that clients receive.<br />
They have confirmed that the main focus will be on understanding<br />
firms’ approaches to dealing with complaints as well as barriers that<br />
firms face in the process. The research will also be gaining consumers’<br />
perspectives on firms’ complaints handling. The research will be<br />
expected to highlight examples of both good and bad practice and it<br />
is understood that both consumers and firms are likely to be<br />
approached for their views.<br />
There are strict regulations already in place relating to complaints<br />
handling. All firms are currently obliged to have stringent processes in<br />
place, including making sure clients are aware of their complaints<br />
rights prior to any works being undertaken, and in reporting to the<br />
SRA on a yearly basis regarding the number and content of<br />
complaints received. The research is being jointly funded by both the<br />
SRA and Legal Ombudsman.<br />
With the research underway, now would be a good time to review<br />
your firm’s complaints policies and procedures and ensure that all<br />
policies are up to date, with staff trained on the importance of<br />
complaints handling and making clients aware of their rights from the<br />
outset. Outsourcing to specialists can also be a cost effective way of<br />
handling your complaints – if this is of interest, then do not hesitate<br />
to get in touch.<br />
Jail for insurance fraudsters<br />
A group of six lawyers, all based in Preston, have been jailed for a<br />
collective 13 and a half years for conspiracy to defraud by false<br />
representation.<br />
Nadim Suleman, a solicitor working at Farleys Solicitors, Blackburn,<br />
was the ringleader, being sentenced to 4 years in jail for his<br />
involvement. Suleman purported to make a claim on his wife’s behalf<br />
after her vehicle fell from a ramp whilst being repaired. Suspicions<br />
arose when he made a claim for hire of a replacement vehicle which<br />
was later found to be for sale at a car dealership in Kent. It was<br />
subsequently discovered that the group had been falsifying both<br />
treatment invoices and medical records to substantiate their claims. It<br />
is understood that over £425,000 had been falsely claimed.<br />
The result is the first prosecution secured by the City of London<br />
Police Insurance Fraud Enforcement Department (IFED).<br />
Importance of Accounts Rules<br />
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Following a hearing on 21 March <strong>2017</strong> firm Clyde & Co has been<br />
handed a £50,000 fine from the SDT, with three of its partners also<br />
receiving a £10,000 fine each. The firm was found to have used a<br />
client account as a banking facility in breach of both the anti-money<br />
laundering regulations and the SRA accounting rules.<br />
In a statement, the firm said “we hold ourselves to the highest<br />
professional and ethical standards and take responsibility for ensuring<br />
we meet them” and “we are confident that the circumstances which<br />
led to these breaches could not happen again” before going on to<br />
stress that ”any mistakes made were honest”.<br />
The fines amount to one of the largest penalties awarded against a law<br />
firm by the SDT, only being matched by West End firm Fuglers in<br />
2014 which used the client account of Portsmouth FC as a banking<br />
facility to channel £10m and favour certain creditors. The SDT’s<br />
judgment is yet to be published.<br />
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Following on from this, the former boss of the first law firm ABS has<br />
been fined £7,500, plus costs, by the SRA for 11 breaches of the<br />
Accounts Rules and 2 breaches of the SRA Principles. The SRA only<br />
has the power to fine law firms up to £2,000 but with ABS’ it can fine<br />
up to £250m. The SRA found that Tony Rand, former managing<br />
director of Vamco (which bought Kingsley <strong>Law</strong>, formerly part of the<br />
Nesbit <strong>Law</strong> Group), failed to keep proper accounting records of<br />
dealings with client money as well as failing to keep client ledgers or<br />
a client cash account.<br />
These fines come at the same time as a Bradford based woman is<br />
jailed for three and a half years after pleading guilty to money<br />
laundering and 8 counts of fraud. Caprice Chaneele Lindo, who is<br />
not a solicitor and was employed on a temporary contract basis, had<br />
worked at various firms throughout Greater Manchester since 2013<br />
and misappropriated funds from various substantial property<br />
transactions. She was arrested by police in March 2014 and reports<br />
allege that over £225,000 of the funds have not yet been traced.<br />
28 www.liverpoollawsociety.org.uk
Regulation<br />
This year it is even more important to stay on top of what good<br />
compliance looks like and to show precisely how you demonstrate<br />
your best practice to third parties. <strong>Liverpool</strong> <strong>Law</strong> Society’s Regulatory<br />
Conference on Wednesday, 7th June <strong>2017</strong> will be your one-stop shop<br />
for best practice legal regulatory compliance and will give you<br />
practical support to help you stay ahead.<br />
Dishonesty and integrity – the same or not?<br />
A really interesting development in the High Court recently was a<br />
judgment in the case of Malins v SRA where the High Court judge on<br />
appeal from the SDT has ordered a re-trial of a solicitor found to be<br />
dishonest but where dishonesty had not been pleaded. The Judge held<br />
that the SRA’s distinction between dishonesty and a lack of integrity<br />
was ‘intellectually virtually impossible to understand’ and led to great<br />
confusion in the proceedings before the tribunal. In accusing Malins<br />
of acting without integrity but not with dishonesty, the prosecutor<br />
was, in the judge’s view, trying to maintain a ‘cordon sanitaire’ which<br />
was repeatedly breached and Malins found himself defending<br />
dishonesty allegations in relation to the first two charges (relating to<br />
the creation of a fabricated form N251) “which he never expected to<br />
have to meet, and which had not been spelt out against him”. He<br />
continued: ‘It is elementary, and supported by abundant authority,<br />
that if you are accused of dishonesty then that must be spelt out<br />
against you with pitiless clarity.’<br />
There isn’t enough space in this column to delve into the significance<br />
of the judgement in detail but it will be interesting to see how the SRA<br />
will plead and prosecute its cases involving breach of integrity going<br />
forward.<br />
And finally in relation to disciplinary matters this month is the news<br />
that costs incurred by the SRA in prosecuting solicitors increased by<br />
almost 44% last year. The SDT’s annual report recently published<br />
showed costs of more than £3m were awarded to the SRA in 2016 in<br />
contrast to £1.7m awarded to the SRA in 2015. The tribunal noted<br />
that ‘A number of substantial cases were heard during the period<br />
which, to some extent, explains the significant increase in this figure.<br />
Cases lasted longer and were more complex in terms of the<br />
investigations carried out by the SRA.’ There was also a sharp<br />
increase in the number of solicitors who were struck off, up from 56<br />
in 2015 to 76 in 2016.<br />
Cybersecurity risks<br />
You may recall in the April edition I discussed the recent solicitor<br />
scams. Since then, the SRA has held a ‘roundtable’ involving experts<br />
from a range of sectors (including representatives from Barclays,<br />
Microsoft and the Information Commissioners Office) to address the<br />
issue.<br />
The roundtable agreed that solicitor firms are an attractive prospect to<br />
scammers, firstly because of the large amounts of money within the<br />
accounts, and secondly because of the vast amounts of confidential<br />
information held on their systems.<br />
It was noted that all too often the risk is viewed as an IT only matter<br />
rather than a risk to the business as a whole. The roundtable<br />
recommended a number of points for firms to consider including staff<br />
training (making sure that all staff at every level receive training on<br />
how to spot a cyber attack and their many forms), policies specific to<br />
cyber security and procedures for staff to follow if they suspect that<br />
they have been a victim of a cyber attack (i.e. who to report to and<br />
what should be done).<br />
In addition, the group recommended that firms update software to<br />
protect IT systems from cyber attacks and ensure that there are formal<br />
procedures to follow when clients and other contacts change their<br />
contact and/or banking information.<br />
Michelle Garlick<br />
Weightmans LLP<br />
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www.liverpoollawsociety.org.uk<br />
29
NEWS FROM THE MJLD<br />
Local Groups<br />
News from the MJLD<br />
NEWS FROM THE MJLD<br />
MJLD Annual Ball<br />
NEWS FROM THE MJLD<br />
We hope that ball-gowns and tuxes have now been sourced, given that the MJLD Annual<br />
Charity Ball is taking place on Saturday <strong>May</strong> 20 th at the Doubletree by Hilton (further<br />
details MJLD MJLD below).<br />
Annual Ball<br />
MJLD Annual Ball<br />
We hope We that hope ball-gowns that and ball-gowns tuxes have now and been tuxes sourced, have given now that been the MJLD sourced, Annual given Charity that Ball is the taking MJLD place Annual<br />
We hope that ball-gowns and tuxes have now been sourced, given that the MJLD<br />
on Saturday<br />
Annual<br />
<strong>May</strong> 20th<br />
at the Doubletree Charity by Ball Hilton is taking (further details place below). on Saturday <strong>May</strong> 20 th at the<br />
Charity Ball is taking place on Saturday <strong>May</strong> 20 Doubletree by Hilton (further<br />
at the Doubletree by Hilton (further<br />
details below).<br />
At time of writing details there are below). a very limited amount of tickets still left on offer. Please email socialMJLD@gmail.com for ticket information,<br />
and the committee warmly welcome you to what stands to be a brilliant night!<br />
At time of writing there are a very limited amount of tickets still left on offer. Please email<br />
At time of writing there are a very limited amount of tickets still left on offer. Please email<br />
socialMJLD@gmail.com for ticket information, and the committee warmly welcome you to<br />
socialMJLD@gmail.com for ticket information, MJLD and Stars the Stars committee of <strong>2017</strong> of warmly <strong>2017</strong> Awards welcome Awards you to<br />
what stands to be a brilliant night!<br />
what stands to be a brilliant night!<br />
MJLD With Stars winners of of <strong>2017</strong> the MJLD’s Awards Stars of <strong>2017</strong> Awards set to be<br />
MJLD Stars of <strong>2017</strong> Awards<br />
announced at the ball itself, the MJLD would like to commend the<br />
With following winners nominees: of the MJLD’s Stars of <strong>2017</strong><br />
With winners of the MJLD’s Stars of <strong>2017</strong><br />
Awards set to be announced at the ball itself,<br />
following Star Awards Solicitor nominees:<br />
set or to be Legal announced Executive at the of <strong>2017</strong> ball itself,<br />
the MJLD would like to commend the<br />
the MJLD would like to commend the<br />
following nominees:<br />
Star - following Solicitor Zoe Simpson nominees: or – Lees Legal Solicitors Executive of <strong>2017</strong><br />
Star - Solicitor Rosie or Spencer Legal – DWF Executive LLP of <strong>2017</strong><br />
- Star Vanessa Solicitor Wragg or - Lees Legal Solicitors Executive of <strong>2017</strong><br />
- Zoe Simpson – Lees Solicitors<br />
- Zoe Simpson – Lees Solicitors<br />
Star - -<br />
Trainee Rosie Zoe Simpson<br />
Solicitor Spencer – Lees<br />
of – <strong>2017</strong> DWF Solicitors<br />
- Rosie Spencer – DWF LLP LLP<br />
- Rosie Spencer – DWF LLP<br />
- - Vanessa Vanessa Wragg Wragg - Lees Solicitors - Lees Solicitors<br />
- Vanessa Wragg - Lees Solicitors<br />
- Rebecca Wright – Lees Solicitors<br />
Star<br />
Star<br />
- Trainee Laura Solicitor Mullin – Emerald of <strong>2017</strong> <strong>Law</strong><br />
Star Trainee Solicitor of of <strong>2017</strong> <strong>2017</strong><br />
- Michael Fagan – Lees Solicitors<br />
- Rebecca Wright – Lees Solicitors<br />
Star - -<br />
Paralegal Rebecca<br />
or Apprentice Wright – Lees Solicitors<br />
- Laura Mullin – Emerald <strong>Law</strong> or Costs<br />
Draftsperson -<br />
-<br />
Laura<br />
Laura<br />
of Mullin –<br />
<strong>2017</strong><br />
Emerald <strong>Law</strong><br />
- Michael Fagan – Lees Solicitors <strong>Law</strong><br />
- Michael Fagan – Lees Solicitors<br />
- Michael Fagan – Lees Solicitors<br />
Star Paralegal or Apprentice or Costs<br />
- Star John Paralegal Kemp – Weightmans or Apprentice LLP or Costs<br />
Draftsperson - Draftsperson Daniel of Martin <strong>2017</strong><br />
of – DWF <strong>2017</strong> LLP<br />
- Katherine Spaughton–Lees Solicitors<br />
Draftsperson - John Kemp –<br />
- John Kemp<br />
of Weightmans <strong>2017</strong> LLP<br />
– Weightmans LLP<br />
Congratulations - Daniel Martin to all those – DWF listed LLP above and thank you to all those<br />
who - sent - John their Daniel nominations! Martin – DWF LLP<br />
- Katherine Spaughton–Lees Kemp – Weightmans Solicitors LLP<br />
- Katherine Spaughton–Lees Solicitors<br />
Congratulations<br />
- Daniel<br />
to<br />
Martin<br />
all those<br />
–<br />
listed<br />
DWF<br />
above<br />
LLP<br />
Congratulations all those listed above<br />
and thank - Katherine you to all those Spaughton–Lees who sent in their Solicitors<br />
and thank you to all those who sent in their<br />
nominations!<br />
nominations!<br />
At time of writing there are a very limited amount of tickets still left on offer. Please email<br />
socialMJLD@gmail.com for ticket information, and the committee warmly welcome you to<br />
what stands to be a brilliant night!<br />
EVENTS<br />
EVENTS<br />
Flash Prosecco Event -<br />
Flash Prosecco Event Event - 6.00pm -<br />
6.00pm 20 April, The<br />
EVENTS 206.00pm April, The 20 Chancery April, Bar The<br />
Chancery Bar & Restaurant –<br />
&<br />
Restaurant Chancery Bar – was & Restaurant kindly –<br />
kindly sponsored by Hayes<br />
kindly sponsored by Hayes<br />
Recruitment, sponsored we by Hayes will be<br />
Flash Recruitment, Prosecco we Event will - be<br />
treating Recruitment, 50 of our members we treated to 50 of<br />
6.00pm treating 2050 of April, our members The to<br />
free prosecco, our members as a thank to free you<br />
free prosecco, as a thank prosecco, you<br />
Chancery for your support<br />
as a thank<br />
Bar &<br />
you<br />
Restaurant throughout<br />
for your support<br />
–<br />
for your support throughout<br />
kindly the year.<br />
throughout<br />
sponsored Full summary<br />
the<br />
by<br />
year.<br />
Hayes to<br />
the year. Full summary Full to<br />
follow in next month’s edition<br />
Recruitment, summary follow in next to we follow month’s will in edition next be<br />
of <strong>Liverpool</strong> <strong>Law</strong>!<br />
treating month’s<br />
of 50 <strong>Liverpool</strong> of edition our <strong>Law</strong>! members of <strong>Liverpool</strong> to<br />
free prosecco, <strong>Law</strong>! as a thank you<br />
for your support throughout<br />
the year. Full summary to<br />
follow in next month’s edition<br />
of <strong>Liverpool</strong> <strong>Law</strong>!<br />
With winners of the MJLD’s Stars of <strong>2017</strong><br />
Awards set to be announced at the ball itself,<br />
the MJLD would like to commend the<br />
Star Paralegal or Apprentice or Costs<br />
Congratulations to all those listed above<br />
and thank you to all those who sent in their<br />
nominations!
Local Groups<br />
News from the WLD<br />
!<br />
I can't believe my time as Chair of the Merseyside Women<br />
<strong>Law</strong>yers Division (WLD) has come to an end!<br />
With a slight change to the events taking place prior to Christmas, the WLD began the festive season<br />
with fizz tasting in November. The fun-filled night was held at the New Capital and consisted of<br />
guesting tasting a variety of 7 specially selected champagnes, cavas and proseccos, which were<br />
greatly enjoyed by all attending, and a quiz about the wines being tasted. Nibbles were provided to<br />
assist in keeping everyone standing. The night was hugely successful and the WLD would like to<br />
thank R&H Fine Wines for providing us with their knowledge of fine wines, New Capital for hosting the<br />
evening and Kingsley for kindly sponsoring this event.<br />
It has been a fabulous year, filled with lots of brilliant events and<br />
very generous donations for our chosen charity, Marie Curie.<br />
We started the year with our welcome event at Fazenda in June.<br />
This informal evening was a great way to meet new members and<br />
catch up with old friends over some delicious canapes.<br />
December saw the WLD committee attending their annual Christmas committee meal which was held<br />
at Fazenda. The committee enjoyed a variety of cuts of meat followed by a fabulous selection of<br />
miniature desserts.<br />
We then had our gin tasting experience hosted by Liquor and All<br />
Sorts Ltd at Ma Boyles in July. As well as being able to try out<br />
different gins and gin liqueurs, we learned how to make our own<br />
refreshing gin cocktails at home.<br />
To bring in the new year, the WLD is excited to announce the long awaited Harvey Nichols Beauty<br />
Bazaar event on 10th February <strong>2017</strong>. In anticipation of the popularity of this event, those interested<br />
are requested to contact the WLD as soon as possible to reserve their places via email at<br />
wldevent@gmail.com.<br />
!<br />
To burn off the gin calories in time for summer, our next event was<br />
a much needed Zumba class!<br />
In October, we piled the calories back on at our ever popular<br />
pudding club night. As usual, we were not disappointed with the<br />
array of tasty puddings and refreshing fruit teas on offer for us to<br />
try.<br />
To celebrate the New Year in style, we held our fizz tasting event.<br />
There was an abundance of bubbles for us to sample and some<br />
tough competition to win the champagne prize for the fizz tasting<br />
quiz.<br />
For those who love a bit of relaxation and pampering, we held our<br />
extremely popular beauty event at Beauty Bazaar, Harvey Nichols<br />
in February. I think we all picked up plenty of excellent tips and<br />
helped ourselves to some lovely complimentary goodies. I am sure<br />
everyone is already looking forward to this one again next year.<br />
Last but not least, we brought the year to a close with our annual<br />
charity quiz at Leaf, Bold Street to support Marie Curie. All funds<br />
raised will be donated directly to the <strong>Liverpool</strong> Hospice to help<br />
with the amazing work they do. Congratulations go to my<br />
colleagues at Slater & Gordon <strong>Law</strong>yers for being the overall<br />
winners (not my team, so not a fix)!<br />
Details of our final grand total of money raised for Marie Curie<br />
will follow in next month’s update.<br />
If you are interested in finding out more about our events or<br />
joining the WLD please e-mail wldevent@gmail.com.<br />
I would also like to thank the rest of the WLD Committee and our<br />
sponsors over the year, namely Kingsley, EAD Solicitors, Brabners<br />
LLP, Wesleyan, Evolution Costs and Exchange Chambers, whose<br />
continued support has been invaluable.<br />
Finally, I would like to wish our new Chair, Kathryn King, the best<br />
of luck in taking over from me next year after the AGM on 11<br />
April. I very much hope that Kathryn enjoys her time as Chair as<br />
much as I have.<br />
Sara Davies<br />
(Chair 2016 - <strong>2017</strong>)<br />
!
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