Newcastle News July 2017

July 2017
Interview of the Month:
Janine Hobson
In this edition....
GDPR Seminar
Chancery Matters
Presidents and Secretaries
Conference

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Editorial
Editorial
Diary Dates
At the time of writing, we are
basking in very warm
temperatures and inevitably not
everyone is happy. One or two
of my colleagues were hopeful
that there was some legal
provision that would see them
being sent home to cool down.
Sadly there is no law in relation
to working temperatures and
although there is guidance for a
minimum temperature, there is
no guidance for the maximum.
In the circumstances I advised
them that they turn up the fans
and to expect a return to
normality very soon.
The last edition of the Newcastle
News was compiled by the JLD
and I am sure you found it
interesting and welcomed a
departure from the normal
format. In the intervening period
we saw yet another non-lawyer
appointed to the office of Lord
Chancellor. I must confess that I
knew virtually nothing of David
Lidington save for the fact that
during the expenses scandal, he
claimed for toiletries. At least
our new leader is one for
hygiene! He is apparently in
favour of repealing the Human
Rights Act, although his attitude
to the question of public
funding is not known, but I am
not expecting any U-turn from
the government on that topic.
Ms Truss has gone with a
whimper, allegedly a casualty
for failing to support the
judiciary following criticism
over their decision in the Article
50 case.
I think the recent election may
be memorable for the wrong
reasons and we do seem to be
growing a culture whereby
those deemed not to have
succeeded simply stamp their
feet and shout in the hope that
the outcome will change. On
that theme I would like several
of my trial decisions reversed
and would the football
association present Newcastle
with the FA cup even though
they soundly beaten during
their last visit to Wembley in
1999?
We have experienced some
unimaginably tragic events in
the last few weeks and like
many I fear reading the news as
every day seems to bring fresh
horrors. However it is
heartening to hear that our
profession is doing what it can
to help. The Housing Law
Practitioners Association and
lawyers from Shelter have
mobilised to provide free advice
to those made homeless or
harmed by the Grenfell Tower
fire. We often receive a bad
press but many lawyers have
given up their free time to
support those in need with
practical help.
Finally I was saddened to learn
of the recent death of Ken
Lockerbie, who was a great
supporter of the Newcastle Law
Society and very active in the
Retired Solicitors’ Group. I only
met him once at a Law Society
dinner when he complimented
me on this column. I think he
was being kind as I had just
been thrown to lions after
giving a speech at that dinner
and was clearly someone in
need of comforting words.
Paul Hanratty
Ediitor
14th September 2017
GDPR Seminar
Standing Committee
Dates for 2017
Monday 17th July 2017
Monday 25th Sep 2017
Monday 4th December 2017
Monday 15th January 2018
Date for the Annual
Dinner
10th November 2017
If you have any matters you
would like to bring before the
committee please e mail us
on
mail@newcastlelawsociety.co.uk
Contact us at:
Newcastle Upon Tyne Law Society
College House
Northumberland Road
Newcastle Upon Tyne
NE1 8SF
DX 61024 Newcastle upon Tyne
Tel: 0191 232 5654
Fax: 0191 222 0313
Email:
mail@newcastlelawsociety.co.uk
Website:
www.newcastlelawsociety.co.uk
GDPR Seminar
Are you ready for the implementation of the new General Data Processing Regulation which will come into
force on 25th May 2018. At the invitation of Newcastle Law Society, Pearl Moses, Head of Risk and
Compliance at the Law Society will visit Newcastle to deliver a seminar on the following:
• Requirements of the GDPR
• How data can/cannot be used
• Consent
• Penalties
• Preparing for implementation
Date: Thursday the 14th of September between 1:30 and 3:30 pm. Flyer enclosed with further details.
Those wishing to attend CPD
courses must ensure that first they
fill in the appropriate booking form
to reserve a place and return to this
office.
Published by
Baskerville Publications Ltd
Apartment 327
Holden Mill
Blackburn Road
Bolton
BL1 7PN
Tel: 01204 303323
Email:
j.baskerville@jbaskerville.co.uk
Contents...
President’s Column...4/ Chancery Matters...5
CCMCC ...6 & 7 Presidents & Secretaries Conference...8
Crown Court Update...10 Interview...12
Advertising Enquiries
Julia on 01204 303323
The views and opinions expressed
in the Newcastle News are those of
the individual contributors. No
responsibility for any loss of
consequential loss occasioned to
any person acting as a result of any
views and opinions expressed or
any information in the Newcastle
News can be accepted by any
contributor, the Publisher or the

President’s Column
News from the President
One of the privileges of this presidential job is the occasional lunch. Last
month I was invited to lunch with the Retired Solicitors Association. It was
good to see old friends. Roger Ward, the retired Registrar, was there with
his elegant wife both looking fit and well. Tim Gray was a new member of
the Association and of course within a short while had his dinner table
guffawing. John Robinson introduced me and as I spied Stuart Grant I
knew that we would have a few stories to tell. You may remember that
Stuart worked with Barry Speker at Samuel Phillips where he built up his
criminal practice. One notable legal achievement was to hold the record
for the shortest Magistrates Court trial. His client was a poor lad who
insisted on arguing a road traffic case for which there was no Legal Aid.
Stuart felt obliged to step in. I can quote his closing speech verbatim ‘you
have heard from the policeman and you have heard from the lad, now it’s
up to you’. The whole trial was finished within 10 minutes.
I then saw Richard Appleby who approached me after the meal and we
remembered working in next door offices over 30 years ago. I was then
helping John Foley set up his business and we spent most of our time
cleaning pigeon droppings from the ledges outside of the windows. Every
now and then we encountered a man in a suit going to and fro up the
stairs to the higher floors. It emerged that he was a Sole Practitioner
moving into one room in the loft space of the building. Every now and
then I would climb the endless stairs in order to have the odd affidavit
sworn. I would reach a tiny room with a sloping roof. I asked my new
friend if he was busy, and he told me he had not had a telephone call for
the past 3 days. This seemed unusual so I suggested he get in touch with
B.T. He picked up the receiver and placed it to his ear. A fountain of water
shot out of the mouthpiece. There was a leak to the roof of the office and
it had managed to fill up the telephone.
On a more serious note, we should all remember that the High Street
Practitioner provides general advice at low cost often in remote places.
This form of practice is after all an institution that has been around for
centuries, independent and on the spot. However nothing stays the same.
Ultimately everything changes. Even good old Kieran O’Neill is giving up
his practice to become of all things a Barrister.
We are numbed into inactivity by the pace of change. It would recently
have seemed absurd to reflect upon barristers, solicitors and doctors
picketing their own places of work whilst friendly Railway Policeman carry
machine guns.
Don’t blink.
Lewis Pearson
President
The Small Firms Northern Conference will take
place in Leeds on 8th October 2017
It’s programme includes:
Plenary one: Cyber crime and fraud related loss - how to protect your
firm
Giles Taylor, Head of Data & Cyber Security, Data Services, Lloyds
Bank Commercial Banking
Plenary two: Houston we’ve had a problem? Apollo 13 Crisis
Managementfor law firms
Paul Bennett, partner and mediator, Aaron and Partners LLP
Breakout session A: Staying small - How to get the best out of your
small firm
Andrew Cussons, ActionCOACH
Breakout session B: Growth - How to grow your firm
Andrew Otterburn, director, Otterburn Legal Consultancy LLP
Panel session: Innovation and law and the future for law firms
Sally Azarmi, chair, Small Firms Division Committee, The Law Society, and
founder, Azarmi & Co
Liam Herbert, chief executive, Chelgate Limited
Family Delays
Over the recent weeks we have been in contact with HHJ Hudson over a
number of concerns regarding the operation of the divorce court sitting
at Durham. I have received a response from HHJ Hudson which is below
– if you continue to experience problems please contact me and I will
continue to raise these concerns
Kind Regards
Helen Robson
Resolution
The Durham team
There have been a number of changes in the management of the team at
Durham over the last 18 months. Craig Stapleton was the Acting Delivery
Manager at Durham from May 2016 but has very recently moved to a
different position at the Quayside. Dawne Sowerby now has
management responsibility for Durham and will be the relevant point of
contact for you/others if there are particular issues you wish to raise.
As you probably know, a number of different District Judges sit at
Durham on a regular basis. I have agreed with District Judge Grey that he
will be the point of contact should practitioners have issues which are
appropriately raised with the judiciary. I suggest such matters are raised
through you Helen and therefore through Resolution .
Delays in processing divorce petitions and financial remedy consent
orders
The majority of the complaints related to this. A number of steps have
been taken to address this:
• Better systems are in place for work to be processed on arrival
at Durham;
• The timescales for work being processed at each stage are
monitored by HMCTS/DJ Grey on a weekly basis so that
resources can be better targeted. This is in turn being reviewed
by me each month;
• Better listing arrangements have been introduced which
should improve the way boxwork is completed;
• Where practicable, District Judges are undertaking additional
work in Durham to deal with consent orders.
Repeated rejection of FR consent orders
This appears to have arisen when different District Judges or Deputies
have considered a draft order and, have over time, raised different issues.
A system has now been introduced which is designed to ensure that all
District Judges/Deputies address any deficiencies on the first occasion the
draft is considered so that all issues are highlighted with the parties at
that time.
Form B
This related to one particular case. These are very unusual applications,
but it has highlighted the need for the staff to refer any queries to the
District Judges or Legal Advisers as appropriate. They have been
reminded of the need for this.
Adultery confession statements
DJ Grey has raised this issue with the Legal Advisers and reminded them
that it is not appropriate for confession statements to be required. Please
let him know if this issue arises in the future.
Communication with the Court
A number of the issues you raised included apparent shortcomings in the
way enquiries were dealt with by the staff. While it has not been possible
to address these individually, your emails have been drawn to the
attention of the management team in Durham. If there are future
examples which are of particular concern, they should be referred to
Dawne Sowerby in the first instance and to Helen through Resolution if
they require judicial input.
Email: - Helen@carisrobson.com

Chancery
Chancery Matters
Without wishing to sound like Jennifer’s Diary, that shows my age, or
the back pages of Newcastle Life, minus the photograph of merry
people in tuxedos, I feel bound to report a very well attended event at
the Moot Hall on 11 May 2017 where, courtesy of the organising
chambers, the wine flowed and the canapes kept coming. Over 100
guests were introduced to HHJ Davis-White QC and HHJ Klein and
heard them speak about the arrangements for the listing of cases
before the Specialist Circuit Judges and hearing urgent applications,
Judge Davis- White QC, and the arrangements for handling mercantile
cases, Judge Klein. I also gave a talk dealing with local arrangements
and a recitation of the first five stanzas of Shelley’s “The Masque of
Anarchy”, but that’s another story. Copies of a written protocol dealing
with listing and urgent applications were handed out. For those of you
who were not at the event, copies of the protocol may be obtained by
e-mail from Helen Tait our chancery clerk
civil@newcastle.countycourt.gsi.gov.uk
There is no substitute for reading the protocol and its annexe which
deals with urgent hearings and which also lists the relevant people, e-
mail addresses and telephone numbers as regards listing
I shan’t repeat everything that was said at the event. The key feature of
the protocol, which relates only to the Specialist Circuit Judges, i.e
chancery, mercantile and TCC and does not affect listing arrangements
for the Vice Chancellor, District Judges or Recorders, is that Newcastle
cases will be dealt with by the Newcastle Chancery team with Helen
Tait, or in her absence Caroline Brent, at Newcastle as the point of
contact. It is they who will liaise with Leeds listing. In order to assist the
administration, all emails about specialist work must, in the subject line,
identify the specialist jurisdiction, claim number and short case name. In
addition to the 9 weeks of sittings referred to in the last “Chancery
Matters” the specialist judges will come to Newcastle on an ad hoc basis
when required, if this is possible. The applications day is to be reinstated
with each Friday morning of the chancery sitting being given
to the hearing of applications, with a view to making more time
available if business demands. The protocol deals with urgent
applications and annexes a questionnaire which must be completed by
the legal representatives; unrepresented parties may be assisted by the
court. The protocol also deals with the timely production of bundles so
that skeleton arguments can cross refer to page numbers in the bundle
and a combined bundle of authorities. It is to be hoped that full use is
made of the application day. I am not sure why it fell into disuse but I
recall it as a very effective way of getting all parties to court and settling
claims , often with a judicial steer, or achieving very effective case
management.
In contrast to the epicurean event at the Moot Hall, the District Judges
for the Newcastle and Teesside regions had a very sober, un- catered,
meeting on 26th May 2017, as befitted the subject matter, costs
budgeting. In view of the amendment of CPR PD3E paragraphs 7.3, 7.4
and 7.7 following the decision in SARPD Oil International Ltd v Addax
Energy SA [2016] Civ 20 and certain obiter in Merrix v Heart of
England NHS Trust [2017] EWHC 346 (QB) we thought we should
adopt a common approach to certain aspects of cost budgeting. Whilst
the judge always has a discretion as to how a case is to be budgeted,
our standard approach will be to set the directions first and then
budget phase by phase thereafter. Where we consider that incurred
costs in any phase are excessive, we will deal with this by making a
record of this view on the order and will look closely at what work has
been done in the past in order to determine what future work must be
undertaken, but having come to a view on the latter we will set a
budget by reference to what is reasonable and proportionate for future
work. What we will not do is set a budget total for the phase, deduct
what has been incurred and only allow the balance for the future. This
approach avoids the budgeted party under recovering for a phase as a
result of the future budget being disallowed or limited by incurred cost
and losing part of the incurred cost on assessment. It is also consistent
with one of the objects of costs budgeting, that being that at an early
stage each side knows its potential exposure to costs. Also, in
accordance with the Practice Direction we will not set hourly rates and,
if asked, will place on the order that this issue is to be dealt with by the
costs judge on assessment. Whilst I refer to this under the banner of
Chancery Matters, we agreed that this approach should apply across all
areas of law, not just the specialist jurisdictions, and the Deputy District
Judges have been circulated with details of our common standard.
The questions as to whether cost budgeting should be dispensed with
in a case or imposed where it is not required by the rules is so fact
sensitive that it is not possible to produce guidelines. In chancery cases
which would qualify for the short trial or flexible trial scheme in the Rolls
Building, we will consider whether to dispense with costs budgeting, if
asked, but will need at least the first page of Form H to reach a
conclusion on this issue.
Returning to the event at the Moot Hall, I was able to give some details
as to our counter service at Newcastle. The counter appointment system
runs from 10.00am to 3.20pm. Appointments can be made for the same
day. In urgent cases court users will be seen without an appointment,
although some telephone notice is preferred. If the appointment is
simply to hand in hard copy documents, these will be accepted by the
County Court receptionist and placed in a dropbox for processing the
following day. The telephone system is currently being investigated to
improve response times and more staff are expected to arrive in the
next couple of months.
As regards judge time for specialist work, in June there are 24 days of
specialist sittings and 14 days in July which is an indication of the court’s
commitment to catering for the specialist, largely chancery, jurisdiction.
Oh, and the Shelley. In 1819 Shelley wrote the poem “The Masque of
Anarchy” following the Peterloo Massacre. He and Lord Eldon had
previous dealings when, as Lord Chancellor, Eldon, disapproving of
Shelley’s character, had refused him custody of his children following
the suicide of his wife Harriet. In the poem, of Eldon, Shelley said:
Next Came Fraud, and he had on,
Like Eldon, an ermined gown;
His big tears, for he wept well,
Turned to mill-stones as they fell.
And the little children, who
Round his feet played to and fro,
Thinking every tear a gem,
Had their brains knocked out by them.
Possibly a good example as to why when giving judgment it is
important to talk to the loser.
District Judge Kramer
Ken Lockerbie
The Society was saddened to hear of the recent death of
Ken Lockerbie. Ken, who many of you will remember acted
as Chairman of the Retired Solicitors Association for a
number of years, died on 28th May 2017 aged 84. An
obituary will follow in a later edition

CCMCC
The County Court Money Claims
Centre (CCMCC) Guidance
Dear Members
RE: THE COUNTY COURT MONEY CLAIMS CENTRE (CCMCC)
GUIDANCE
Please find below some e-mail guidance received from the CCMCC
in Salford regarding response times; complaints; e mail addresses.
It also has useful telephone number/opening times.
I would urge civil litigation and other practitioners using this Court
to carefully consider the contents.
Yours
Mark Hipkin
Past President Newcastle Law Society
CCMCC Guidance
Response Time:
We endeavour to process e mails within 10 days
Complaints:
The County Court Money Claims Centre is currently testing an online
customer feedback service. If you would like to give any feedback on
our service, please use RESOLVER which is designed to help you
through the HMCTS complaints process. You do not need to resubmit
any feedback already sent.
Please allow 10 working days for your concern to be investigated and a
response provided. For further guidance please refer to EX343 on the
Justice Website.
SUBJECT
MATTER
These are the
types of work
incorporated
under the
subject matter
AOS
Acknowledg
ement of
Service
FILING OF DOCUMENTS
Amended Claim before Service
Case Paid in Full/Settlement
Case Settled/Case Withdrawn
Correspondence between
Parties
Counter Schedule
Summary of Costs
Extension to File a Defence
List of Document/Availability
Dates
Notice of Acting/Notice of
Funding
Notice of Discontinuance
Part 36 Offer accepted
Particulars of Claim/Medical
Reports
Reply to Defence
Solicitors No Longer Acting
Schedule of Loss
Witness Statement
SPECIFIED
JUDGMENT
Judgment for a
specified
amount of
monies
Judgment on
Acceptance
Judgment by
Determination
UNSPECIFIED
JUDGMENT
Judgment for an
unspecified
amount of
monies
CCMCC Telephone Enquiries - 0300 123 1372
(Opening times 08:30 – 17:00)
CCMCC currently have 6 Email Addresses that are used for the
different types of work we have, it is important that our customers use
the correct email address when sending emails, therefore we have
produced this guide to advise of the different types of emails that are
accepted by each of the 6 accounts.
We have also implemented a program which will automatically filter all
incoming emails. However, in order for this to be successful we need
our customers to follow the guidance and procedure for all electronic
communication and filing of documents.
Failure to do so may delay your case.
Filing of Court Documents
ccmcce-filing@hmcts.gsi.gov.uk
The subject field must include the following:
1. Case number
2. Subject matter (see table for the work types incorporated under the
subject matter)
Enquiries
ccmcccustomerenquiries@hmcts.gsi.gov.uk
The subject field must include the following:
1. Case number (if a claim has been issued)
2. Subject matter (see below for the headings incorporated
under the subject matter)
• General query
• Administrative error
• Complaint
• Refund request (Including retrospective Help With
Fees applications)
• Request to stop the issue of a claim
Charging Orders
ccmcc-chargingorders@hmcts.gsi.gov.uk
The subject field must include the following:
1. Case number
2. Subject matter (see below for the headings incorporated
under the subject matter)
• New Issue
• General query
• Administrative error
• Complaint
• Objection to Order
• Certificate of Service
• Applications

Local News
Attachment of Earnings Orders
ccmcc-attachmentofearnings@hmcts.gsi.gov.uk
The subject field must include the following:
1. Case number
2. The number of requests for Attachment of Earnings sent (bulk
issue only)
3. Subject matter (see below for the headings incorporated
under the subject matter)
• New Issue
• General query
• Administrative error
• Complaint
• Reissue of N446
• Claimant Withdraws
Please be advised that an N56 response cannot be filed electronically.
Defences
CCMCC-Defences@hmcts.gsi.gov.uk
The subject field must include the following:
• Case number
• Subject – Defence
Direction Questionnaires
CCMCC-DirectionsQu@hmcts.gsi.gov.uk
The subject field must include the following:
• Case number
• Subject - Direction Questionnaire
Newcastle upon Tyne Law Society
ANNUAL DINNER
10 th November 2017
SAVE THE DATE
Venue : Newcastle upon Tyne Civic Centre
DETAILS TO FOLLOW SHORTLY
Library Access for Newcastle
Law Society Members
Newcastle Law Society members are able to use the Law Libraries at both
Northumbria University and Newcastle University. Information about
these resources including, access arrangements, has recently been
updated and is set out below. It also appears on our website
www.newcastlelawsociety.co.uk
Northumbria University Library
University Libraries
The Law Practice Library houses the reference collection of legal practice
materials, including encyclopaedic works, law reports, practitioners’
works, loose-leaf encyclopaedias and textbooks supporting the Legal
Practice Course and Bar Professional Training Course. The Law Practice
Library is located on floor 1 of the Business and Law School at City
Campus East.
City Campus Library holds the majority of the Northumbria University
Library collection across all subjects.
Law materials, including law reports, practitioners’ works, monographs
and textbooks, are located on floor 3.
Maps are available: http://library.northumbria.ac.uk/info-visitors-maps
Membership
Newcastle upon Tyne Law Society members can apply for reference
access to Northumbria University Libraries.
Prior to their first visit, members should go to the Ask4Help desk at City
Campus Library to apply for a Library visitor smartcard. They will need to
present one of the following combinations of ID:
•Law Society membership card and photographic ID (passport, driving
licence etc.).
•A letter/email from Newcastle Law Society confirming their membership
and membership number and photographic ID (passport, driving licence
etc.).
•Photographic ID from their employer/place of work (work pass, ID card
etc.)
The smartcard will be valid for one year and will allow access into the Law
Practice Library and City Campus Library during visitor opening hours.
Opening Hours
Visitor access is usually available 9.00 – 20.00 Mon – Fri, 9.00 – 17.00
weekends.
Visitor access is restricted during exam and vacation periods; please check
the Library opening hours before making a special visit:
http://library.northumbria.ac.uk/opening-hours
Further information is available by contacting Ask4Help on 0191 227 4646
www.northumbria.ac.uk/library
A membership card or confirmation of membership is available on
request by contacting the Society office mail@newcastlelawsociety.co.uk
Law Library, Newcastle Law School
Newcastle University Library and the Law School has for many years
offered reference only access free of charge to our Law Library in Windsor
Terrace to local solicitors and barristers. Open Access to this facility is from
09:00-18:00 Monday to Friday, but security access control governs access
from 18:00-22:00 Monday to Friday and 10:00-17:00 on Saturday and
Sunday.
If any practitioner uses or would like to use this Library, still free of charge,
for reference at the control access times set out above we will issue a
“Smartcard” to allow admission to the Law Library. To get a Smartcard,
and thus become a member of the library, you should complete an
application form available online at
http://www.ncl.ac.uk/library/about/joining/individual-applicationform.php
You may also obtain a form from:
Philip Robinson Library
Jesmond Road West, Newcastle University, Newcastle upon Tyne NE2 4HQ
For any practitioner colleagues wishing to become borrowing members,
individual membership is £50.00 for 1 year or £30.00 for 6 months. There
is no charge for reference access. Corporate membership is £250.00 +VAT.
Further information is available from the University Library website above,
by contacting libraryhelp@ncl.ac.uk or telephone 0191-208-7662.

Local law societies
Presidents and Secretaries Conference
Newcastle Law Society Past President Mark Harrison attended the annual
Presidents and Secretaries Conference on 5 and 6 May 2017 at Chancery
Lane in London.
New for 2017 were surgery sessions on the Friday. They gave societies a
fantastic opportunity to have a 10 minute one-two-one meeting with a
Law Society representative about a particular issue or concern they had
about their local law society. Experts from the following Law Society
departments were available.
• Legal Policy
• Communications (inc press office, digital communications and
social media)
• Public Affairs
• Practice Advice
• Relationship Management
Proposal for Joint Law
Society Liaison Group
Over 40 societies from across the country attended the two day
conference and enjoyed a mix of useful workshops, plenary sessions and
speeches from experts on a range of issues including
• media training,
• understanding in house solicitors and getting them involved in
your society,
• how to retain and boost members and generate income
• tech tools for running your society,
• Brexit and twinning
• how to manage a consultation process
Panel sessions were held on
• lobbying at a local level
• how other professions operates their local membership bodies
This year there was also have a range of expert external speakers from the
fields of politics, academia and business. These included::
• Sir Edward Davey, former Minister of Energy and MP of
Kingston,
• Susan Smith, vice president, South Eastern Society of Chartered
Accountants,
• Matthew Fedigan, chair, North West UK Regional Board for
Surveyors
• Professor Sara Chandler QC, vice president, Federation des
Barreaux D'Europe, European Bars Federation.
We were approached some time ago by representatives of Devon and
Somerset Law Society to ascertain whether our Society would have any
interest in joining an association of similar sized Societies with a view to
sharing ideas and resources.
An initial meeting took place at the Local Law Society’s National
Conference in September 2016. I attended this on behalf of the Society
and there were also representatives from Devon and Somerset, Surrey,
Kent and Cheshire and North Wales. Leicestershire had also expressed
an interest in joining the association. At that point we were simply
trying to agree as a matter of principle that this was something we
wished to take forward.
There was a further meeting of interested parties at the Presidents and
Secretaries Conference at Chancery Lane on the 5th May 2017. I again
attended on behalf of the Society, along with representatives of Devon
and Somerset and Kent. Surrey still wished to join the group, but their
President was unavailable. Cheshire and North Wales will also be joining
in. Tony Steiner, who is the Chief Executive of Devon and Somerset,
spoke to representatives from Notts Law Society and they have expressed
an interest in joining. Their membership and demographic makeup is
similar to other Societies.
The meeting we had was very positive. It is proposed that here is a
further meeting on the 5th July at a venue to be decided (possibly in
Derby as it is central). The purpose of this would be to share information
about the backgrounds of our Societies and put in place a plan for the
way forward. It is proposed that the group would be able to share
information and resources in respect of matters such as education,
responses to consultations and other topics of interest. The suggestion
was that meetings could take place three times per annum, one at the
Presidents and Secretaries Conference, one at the National Local Law
Societies Conference and on one other occasion.
The proposal is very much driven by Tony Steiner at Devon and Somerset
who is extremely enthusiastic about it. I believe that it is worthy of
support.
If anyone has any comments, please e-mail me
markharrison@benhoarebell.co.uk.
Mark Harrison
Past President Newcastle Law Society
8 Newcastle News

Crown Court News
Update from the Crown Court User Group
[extracted from minutes just received from last Court User Group in
October 2016]
Digital Case System (DCS):
Since last meeting wifi has been upgraded and there has been marked
improvement, no issues have been reported.
By and large all is working well with DCS and many users are pleased with
the delivery.
One principal issue is a multi defendant case and that at the moment
seems to be the greatest challenge. Work is underway to provide a single
case file for all defendants, access to each defendant’s confidential
material will be restricted to relevant parties only.
It has been recognised in some cases that having been invited to a case
the system decides to deny access. Although not frequent, it has been
identified over past two to three months by Bar Clerks.
Crown Prosecution Service have also identified an issue which is causing
delay in progression of cases and refers the meeting to the BCM
newsletter of June 2016. This alerts users of DCS when uploading
documents to use the send button which alerts other parties that a
document has been uploaded for review.
In relation to Proceeds of Crime, S.16 and S.17 statements cannot be
ingested to DCS and this matter is being addressed nationally.
Crown Prosecution Service await further instruction in relation to the use
of Section R in DCS - until then they are unable to upload any document
in relation to Witness Summonses. HMCTS will upload on behalf of the
CPS until further instruction is given. It has been confirmed that HMCTS
are content with security and use of Section R.
Better Case Management:
There has been steady progress since the last meeting. The BCM Local
Implementation Team (LIT) has met and worked to solve or at least
alleviate any issues. Previous concerns have not evaporated but are
certainly not as frequent.
Practitioners are now appreciating what is required and progress is being
made. Solicitors attending Magistrates’ Courts should be reminded that
counsel need to be invited at an early stage in preparation of Pre Trial
Preparation hearing (PTPH).
The next LIT will meet on Wednesday, 2nd November 2016 at 16:15 hours,
included on the agenda for discussion at that meeting is standard
directions and the intent is that they will reinforce the BCM basic
principals and procedures. A communication will be sent to all Solicitors
and Chambers once it has come into force.
HHJ Sloan QC would encourage practitioners to use the notes in DCS as it
is useful if a judge has prior notice in relation to all issues or possibly
changes in plea, some comments could be highly important and assist
with listing.
Also to be discussed is the engagement log and the benefit of that
document being uploaded to DCS.
Could contact details be included in IDPC and then defence have easier
access to a route of engagement.
ACTION: John Dilworth to explore further
A cultural issue was raised in relation to the change in defence advocates
being able to make representations to a charging officer at a Police
Station. Since the introduction of CPS system that opportunity has gone.
The CPS fully understand the issue and so invite defence practitioners to
write to CPS and make any such representations and they will be dealt
with accordingly.
Witnesses and Victims (Helen Gransbury):
The working group initially set up and specifically tasked with creating a
local witness protocol has ceased to exist and has been replaced by the
Northumbria Victims and Witness Group which includes representation
from multi agencies and regional representation from HMCTS. The group
currently meets on a monthly basis to iron out any issues and improve
service provided by all agencies.
There is a further multi agency group specifically looking at remote
witness suites. The group together with HHJ Sloan QC are close to signing
off a local protocol in relation to two suites in Newcastle. Two further
suites are being considered in Alnwick and Sunderland.
Listing:
Class one and two work is currently 24% of total work at Newcastle, this is
second highest in the region.
Class two work being listed July/August 2017, long trials of 10 plus days
are being listed September 2017, class three cases in May 2017 and
custody cases are all being listed within custody time limits, a similar
picture to Leeds Crown Court.
PECs:
On occasion witnesses in custody are being transported together with
defendants. Geoamey would not be aware that an inmate would be
transported as a witness therefore could not differentiate. This could be
addressed by a Judges’ order but specific examples would need to be
investigated.
ACTION: Julie Smithson to provide specific examples to Helen Gransbury
Mental Health Team:
The team are working well at Newcastle and the service is valuable to all
agencies.
A request is made that when cases are sent to Crown Court for sentence
that the Team are alerted at the outset to ensure timely referrals and
avoid unnecessary delay.
ACTION: Re-issue practice direction and Linda Brenkley to send
communication to Legal Advisers in Northumbria.
It would be useful for practitioners to have technical support advertised
locally.
ACTION: Helen Gransbury to provide information and advertise locally at
Newcastle
Crown Prosecution Service would invite feedback in relation to any
engagement barriers caused by prosecution and that should be fed back.
ACTION: Inform John Dilworth when issues arise
It was also noted that CPS correspondence (letterheads) does not include
an email address, nor does it appear in the ‘gsm’ directory. The letters are
produced by the CPS IT system in a standard format.
Newcastle News 9

Civil Court News
Civil Court User Group Meeting
Newcastle Combined Courts, 27th April 2017
This is a report of the meeting held every 6 months including Judges,
Court Management Staff, Solicitors, Barristers and other interested parties
compiled by Mark Hipkin, Past President of Newcastle Law Society and
member of the Civil Court User Group. It supplements the notes provided
from Donna Stafford which are also contained within this issue of
Newcastle News. The numbers in brackets refer to the relevant paragraph
of Donna’s note. The formal minutes will appear in the next edition.
The workload of the Court staff was discussed and Court Orders were still
expected to be turned around and typed within 14 days. Donna Stafford,
the Delivery Manager, stated that they were not yet at their target for
such turnarounds but they were trying their best and to bring to her
attention (donna.stafford2@hmcts.gsi.gov.uk) any examples of Orders not
being typed quickly enough, particularly those in relation to directions
dates having already passed by the time the Order has been received. This
is of particular note where the Court has made the Order of its own
volition. However there has been much progress made in the backlog and
delay in turning Court Orders out. The Court staff are still sifting for urgent
cases but HHJ Freedman requested that I ask the local Law Society
members again not to send communications to the Court twice i.e. only
once by either post, dx or email but not to duplicate such even in
important instances. This is “dual filing”. *DS (v)
DJ Loomba also requested that members carefully considered their
clients’ eligibility for fees remission (check Government website) before
sending requests in as there are still a large number of ineligible
applications which again are clogging up the system.
There have been significant developments in relation to Chancery
hearings with 2 lead specialist Judges attending on regular intervals. It is
proposed that there is a specialist Circuit Chancery Judge be appointed
shortly at Newcastle Upon Tyne to cover all Chancery, Commercial and
TCC matters. Practitioners are urged to issue their proceedings therefore
at Newcastle and not in outlying Courts.
Practitioners are reminded in costs budgeting cases that, if the case
involves a child, they can request that cost budgeting be dispensed with
for cases issued before 6th April 2016. * DS(iii) In other cases the Court
always has discretion to dispense with costs budgeting. DJ Loomba has
said that the District Judges have met on the 26th April with a view to
proposing a common approach to costs budgeting within the area but
reiterated that each matter was still subject to the individual discretion of
the DJ hearing the costs budget applications. HHJ Freedman said that he
was receiving more agreed costs budgets than before and urged
Practitioners to attempt to agree them or even agree phases of such if at
all possible. I asked the question as to the Judges’ position in cases that
were not too far above the multi-track lower limit of £25,000 and the
consensus was that, if an application to dispense with same was made at
the time of the filing of the front sheets with the Directions
Questionnaire, then this may be looked upon favourably to save Court
time and further costs. However if the front sheet had very large figures,
which would appear to be disproportionate for the level of quantum,
then the Defendants may require a budgeting hearing in any event under
those circumstances.
The next meeting is scheduled for October 2017. If any Practitioner or
member wishes to put any questions to the Court Service or the Judges
for consideration a list of contact details are placed attached to this article
or the questions can be sent via Kate Goodings to myself to be placed
before the Committee, Judges or Court Delivery Staff.
Mark Hipkin
May 17
*DS refers to Donna Stafford’s note
Note from Donna Stafford, Delivery Manager
Dear User,
Further to the Civil Court User Group Meeting on 27th April 2017
please see the below updates:
(i)
Civil Hearing (trial) Fees - Refunds
Changes to the Civil Hearing Fees came into effect from 6 March 2017.
The new provision has removed the right to a refund of a hearing fee,
if the fee is paid and settles before the trial hearing.
This change does not affect any case in which the court has given
notice of the trial date or the start of the trial period before 6th March
2017. A refund will be due in line with the old process.
In addition, there are the following associated process changes to
Money Claims which were also brought in on the 6th March.
Payment of the hearing fee (2.1 of the current Civil Fees Order) for the
trial of hearing of a case allocated to the Small, Fast or Multi Track
either in the County, queens bench or High Court, is now required no
later than 28 days before the trial takes place.
Alternatively, a properly completed “Help with Fees” application
should be filed with the court no later than 28 days before the trial
takes place.
In the event the hearing fee is not paid or a properly completed “Help
with Fees” application is not filed at least 28 days before the trial date,
the court will issue an automatic strike out order of the
claim/counterclaim.
If your claim is struck out, it will no longer exist. The hearing will be
vacated, unless a counterclaim survives the claim being struck out. If
you wish to start fresh proceedings, a new claim must be filed. An
application to reinstate the claim can also be made together with the
appropriate fee or application for help with fees.
In the event the hearing fee has been paid and an
agreement/settlement is then reached the hearing fee is non
refundable. If a consent order settling the matter is requested after
the trial fee has been paid, then the consent order fee is still payable.
Further information and leaflets explaining more about how to pay a
court fee or how to apply for help with fees are available from the
court office or online at:
https://www.gov.uk/court-fees-what-they-are
(ii)
Telephones
I am aware that users are experiencing difficulties with the telephone
system at Newcastle. I have raised a number of technical concerns
with the HMCTS Regional IT manager who has scheduled a visit to the
site on 25th May 2017, to discuss and plan a re- map the entire
system. I’ll update you with actions following that visit.
For telephone conferences please use the interim number 0191 201
2022

Civil Court News
(iii)
Cost Budgets in Infant Settlement Cases
It was raised that cost budgets are being requested to be filed in
infant settlement cases. Upon investigating a couple of examples
provided by users its clear that the problem stems from a national
computer generated orders. I am seeking advice on how we can
change this wording. I will provide an update as soon as I have a
resolution.
URGENT in the subject title. If there is a pending hearing, please
highlight the hearing date in the subject title. This will assist the
team.
Thank you so much for your patience when dealing with Newcastle
County Court. We are making progress albeit more steadily than I
would like. I am hopeful that this will pick up pace, once the ongoing
recruitment campaign in compete.
(iv)
Issues experienced at County Courts outside of
Newcastle
Contacts
Concerns were raised about some issues experienced at other local
County Courts, particularly around errors and delay. I have raised
these concerns with the Operations and Delivery Managers at those
sites and have agreed attendance at all future user meetings
(v)
Multi Filing
We have a vast amount of outstanding correspondence on the Civil
Division. We receive in excess on 350 items via email and post
everyday with insufficient resources to combat the demand. A large
proportion of correspondence received is received via email followed
by a hard copy in the post.
To assist the teams with processing your correspondence within
reasonable timescale, I ask that when sending letters to the court,
whether via email or post, you do so once. Duplicate copies of the
same letter are clogging an already congested system.
Donna Stafford – Delivery Manager (Newcastle)
Donna.stafford2@hmcts.gsi.gov.uk
Sarah Dunn – Team Leader (Newcastle Civil Team)
Sarah.dunn@hmcts.gsi.gov.uk
Joanne Appleby – Team Leader (Newcastle Enforcement Team)
Joanne.appleby@hmcts.gsi.gov.uk
Helen Tait – Dedicated Chancery Clerk
0191 201 2061
Civil@newcastle.countycourt.gsi.gov.uk
(Please highlight ‘CHANCERY’ in the subject tile)
For general civil correspondence/ statements
Civil@newcastle.countycourt.gsi.gov.uk
Should your letter be of an urgent nature please email, highlighting
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Interview of the Month
Janine Hobson is the President of Sunderland Law Society and has agreed to be our interview
subject for July 2017. Janine is an Associate Solicitor at Mortons in Sunderland, having joined the
firm in 2003. She oversees the Litigation Department. Janine is a graduate from the University of
London, Goldsmith’s College.
1.Why did you become a solicitor?
When I was 16, I did one weeks work experience from school with a
local firm of solicitors and found the work fascinating. I was allowed to
sit in on many client interviews. I was taken to a Magistrates Court
annulment of a marriage hearing, to an industrial tribunal and to
Durham Crown Court. I decided that I wanted to be a solicitor then.
2.If you were choosing a career now, would you still become a
solicitor?
I am not sure that I would. It’s much harder to find a training contract
now than when I started out
3.If you had not been a lawyer, what would you like to be?
Maybe a teacher or archaeologist
4.What has been your most embarrassing moment during your
professional career?
A client dropping some of their own notes in the toilet at court and
them then being found by the other side!
5.What do you do in your spare time?
Flower arranging, gardening, dog grooming and walking, cycling,
going to Church, visiting Art galleries, museums, the cinema and
theatre.
Quickies:
A.What Non-law book are you reading at the moment?
Philip Pullman’s The Amber Spy Glass which is the last book of His
Dark Materials trilogy
B.What is the most recent film you have seen?
I have recently seen Moonlight and also Beauty and the Beast
C.What is your favourite food?
Has to be strong cheese!
D.What is your favourite restaurant?
I love going to Angelos Italian restaurant which is near where I work in
Sunderland and also The Waiting Room which is a vegetarian
restaurant in Eaglescliffe.
E.What is your favourite holiday destination?
Has to be Italy but I like just about going anywhere on holiday! My
favourite place to visit in England is Wallington which is owned by the
National Trust in Northumberland. I love having a day trip to have a
picnic and a dog walk.
College and then the CPE and Law Society Finals at Newcastle
Polytechnic before 2 years Articles back down in London. Upon
qualification as a solicitor, I moved to Manchester where I lived and
worked for 6 years before returning back home to the North East. I
have been qualified for nearly 30 years. I am married and have 2
children, both at University. I was born in Sunderland and went to
school there and I am proud now to be President of Sunderland Law
Society.
If you would like nominate someone to feature in this
Interview section please e mail us on
mail@newcastlelawsociety.co.uk
F.What is your favourite pet?
I love my little dog. He is a Shih Tzu. I keep him in full coat and groom
him every day! He is adorable
A little bit more about me
I am an Associate Solicitor at Mortons in Sunderland and I undertake a
large range of litigation work. I have been there for nearly 14 years.
Many years ago, I did a degree at London University Goldsmiths’