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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 />

event


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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 />

helpline, and our trained staff and volunteers listen and support with<br />

any issues. Call 0800 279 6888 or visit www.lawcare.org.uk<br />

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For more information, visit www.thecashroom.co.uk or for a confidential chat contact<br />

Alex Holt at Alex.Holt@thecashroom.co.uk or call 0330 3322 520<br />

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 />

<br />

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<br />

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<br />

<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 />

Need an expert in medical or<br />

dental negligence?<br />

Refer to us. City<br />

: Allerton : Garston<br />

0151 733 3353<br />

www.gadllp.co.uk<br />

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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15


Local News<br />

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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 />

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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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Room capacity and daily* hire rates:<br />

Training Room: Members £150+VAT/Non-Members £175+VAT<br />

Classroom Style seats 32, Boardroom Style seats 20 and Theatre Style seats 60<br />

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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! ! ! !!!5$9-:!0$11!6*:!/1-:4!+#%!2/36$/:L7!H/11!=/+#!MN:-0:!/7!+#%!O/+$-:/1!P6/$1Q!&6-9!<br />

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !<br />

! ! ! !!!!<br />

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !<br />

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !<br />

!!<br />

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! !<br />

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!<br />

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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<strong>Law</strong>Connect<br />

Integrating ting with , a document<br />

management system for small law firms and their clients<br />

Organised Reliable<br />

Safe<br />

leap.co.uk/lawconnect/<br />

onnect/

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