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<strong>Aug</strong>ust <strong>2017</strong><br />

<strong>Liverpool</strong> <strong>Law</strong><br />

E Rex Makin<br />

The Magazine for the legal sector<br />

in Merseyside and the North West<br />

Tributes to<br />

E Rex Makin<br />

John Ballam<br />

Kirwan’s lawyer<br />

four triathlons<br />

Explore <strong>Law</strong><br />

Event<br />

Rachel Chandler<br />

Robert Peston<br />

Professionals’<br />

Dinner<br />

www.liverpoollawsociety.org.uk


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Welcome<br />

to the <strong>Aug</strong>ust edition of <strong>Liverpool</strong> <strong>Law</strong><br />

The summer holiday season now appears to be in full<br />

swing. You can always tell, you can make it into the<br />

office without being trampled over on a train or stuck<br />

in a traffic jam and more importantly the ludicrous<br />

volume of e-mail traffic that we all usually experience<br />

slows down. Fabulous and enjoy it while it lasts!<br />

We have another full edition for you so thanks as<br />

always to our regular contributors and to those of you<br />

who have submitted something for the first time.<br />

Ultimately this is your magazine so please keep them<br />

coming. This month, as you might expect there are a<br />

number of tributes and accolades to those that the<br />

profession has sadly lost of late, notably Rex Makin<br />

and Bernard Wright, so particular thanks to those<br />

who took the time to contribute there. In some cases<br />

that won’t have been easy at a difficult time.<br />

Thanks also to Glenys Hunt for her article on the<br />

Everyman Theatre which wins the prize for this<br />

month – a bottle of wine as kindly donated by Dev @<br />

R&H Fine Wines. Feel free to pop along and see him<br />

and please keep the reviews coming or you know<br />

what will happen…<br />

<strong>Aug</strong>ust is here which can only mean one thing. Yes,<br />

it's the start of the football season and Tranmere<br />

embark on round 3 of their effort to secure promotion<br />

back to the Football League. Very much hoping that<br />

the old adage of "third time lucky" rings true! Rest<br />

assured I'll keep you posted! Meanwhile on the<br />

eastern coast of the US, the battle hots up in the<br />

American League East, the Boston Red Sox currently<br />

hold a 2 game lead over the New York Yankees after<br />

just 101 games. Only another 61 to go! Out of<br />

interest, for those of you who don’t know, the owners<br />

of the Red Sox are also the owners of <strong>Liverpool</strong> FC.<br />

On that note, to those who are fortunate to be away<br />

over the next month or so, relax and enjoy and to<br />

those who aren't, at least the roads are clearer and the<br />

trains and buses are less packed, so enjoy that as well!<br />

Until next month<br />

Editorial<br />

Peter Holland<br />

Editor<br />

editor@liverpoollawsociety.org.uk<br />

Charity spotlight...<br />

Legal Education Foundation offers<br />

part-funded opportunity to train a new<br />

lawyer in “social welfare” law<br />

The Legal Education Foundation (LEF) has a<br />

scheme, the Justice First Fellowship, whereby the<br />

Foundation contributes financially towards the costs<br />

of training a lawyer in social welfare law. Justice<br />

First Fellows are hosted by some of the best social<br />

welfare legal organisations in the country.<br />

Organisations go through a rigorous selection process<br />

and have to demonstrate that they:<br />

• Are experts in their areas of social welfare law<br />

• Do work that is of national significance<br />

• Are innovative, effective, and think creatively<br />

about future sustainability<br />

• Meet the requirements to supervise a trainee and<br />

have a strong training ethos<br />

Host organisations receive a grant from The Legal<br />

Education Foundation that fully covers the salary,<br />

supervision and associated costs over two years. In<br />

some cases, private firms that host a Fellow contribute<br />

to these costs. The project component of the scheme<br />

has already helped current hosts to open up new areas<br />

of work and develop interesting new models that<br />

could go on to employ Fellows at the completion of<br />

the scheme. You can find out more about hosting a<br />

Justice First Fellow at<br />

jff.thelegaleducationfoundation.org/host-opportunities<br />

A Fellowship consists of three parts:<br />

1. A training contract with a selected specialist<br />

social welfare legal agency;<br />

2. Alongside the training contract, Fellows develop<br />

and deliver a project promoting access to justice;<br />

3. Fellows are brought together throughout the two<br />

years for additional training and networking.<br />

The LEF would like to meet with firms or<br />

organisations in the <strong>Liverpool</strong> City Region (and<br />

surrounding areas) that are interested in hosting the<br />

trainee. You could be Not For Profit or private law<br />

firm so long as there is the commitment to, and<br />

expertise in, social welfare law and where you would<br />

not be able to take a trainee without support from the<br />

Fellowship scheme.<br />

The recruitment process for 2018 will soon be<br />

underway. The scheme is up and running in other<br />

parts of England and Wales. 50 Fellows have been<br />

funded to date, eight of them have finished their<br />

training contracts and all eight have found jobs in<br />

social welfare as solicitors. If this is of interest to you<br />

/your firm, please email<br />

sarah@liverpoollawsociety.org.uk with your contact<br />

details so that a meeting may be arranged.<br />

By way of background, the LEF was part of the<br />

College of <strong>Law</strong> until 2012 when the education and<br />

training business was sold, and the monies generated<br />

by the sale to endow the organisation as a<br />

Foundation. The £200 million net proceeds from the<br />

sale have been invested with the Foundation<br />

distributing the return on these investments through<br />

grants and commissions.<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 />

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 />

04/08/<strong>2017</strong> AT 13:00<br />

01/09/<strong>2017</strong> AT 13:00<br />

06/10/<strong>2017</strong> AT 13:00<br />

03/11/<strong>2017</strong> AT 13.00<br />

01/12/<strong>2017</strong> AT 13.00<br />

Deadlines <strong>2017</strong><br />

14TH AUG FOR SEP<br />

18TH SEP FOR OCT<br />

16TH OCT FOR NOV<br />

13TH NOV FOR DEC<br />

www.liverpoollawsociety.org.uk<br />

3


From the President<br />

President’s Mentions<br />

Good Afternoon, I hope you are<br />

reading this whilst relaxing in the<br />

Sunshine, let’s hope the good<br />

weather continues, it makes life<br />

that little bit better.<br />

I have been very busy this month<br />

meeting & greeting and spreading<br />

the word that <strong>Liverpool</strong> <strong>Law</strong> Society<br />

and the city of <strong>Liverpool</strong> is the best.<br />

I was pleased to attend the<br />

Professionals Dinner which you may<br />

recall last year was started by our<br />

own Alison Lobb and is now firmly<br />

on the map to become an annual<br />

event. This year the Accountants<br />

took up the baton and next year it<br />

will be the turn of the CISI. Robert<br />

Peston gave an interesting view of<br />

the landscape and answered some<br />

fascinating questions. Thanks to<br />

John Hall & Andrew Lloyd and the<br />

Accountants profession; another<br />

occasion for all to network and<br />

enjoy. I was pleased to see so many<br />

of our profession there and tried to<br />

speak to most. Please look out for<br />

next year’s event.<br />

Explore <strong>Law</strong> was an initiative<br />

created by University of <strong>Law</strong> with<br />

LLS & Hope University. I was very<br />

pleased to address the young<br />

students giving them a flavour of life<br />

in the profession and encouraging<br />

them to investigate all avenues. It is<br />

most encouraging to see the<br />

enthusiasm of the young today and<br />

we at <strong>Liverpool</strong> <strong>Law</strong> Society do<br />

spend a lot of time and effort in<br />

reaching out to the next generation.<br />

The Joint V meeting in Leeds was a<br />

working lunch meeting attended by<br />

Nina, Sarah & myself. The five main<br />

provincial <strong>Law</strong> Societies joining<br />

together to assist and share<br />

ideas.Nina provides a very<br />

informative report at page 7.<br />

The Echo Awards at St George’s<br />

Hall was an enlightening experience<br />

where I was able to see what<br />

enterprising people and businesses<br />

we have here on Merseyside. I met<br />

with many entrepreneurs in all walks<br />

of life who are contributing to the<br />

economy and providing numerous<br />

jobs to people. It is sometimes nice<br />

to get out of the bubble of law to see<br />

the rest of the world -<br />

congratulations to all the winners.<br />

Another occasion for winners was<br />

the Modern <strong>Law</strong> Conveyancing<br />

Awards dinner once again @ Titanic<br />

where I met the property people of<br />

the profession, another enlightening<br />

experience, taking me back to the<br />

days when I did conveyancing - so<br />

many changes now!<br />

Congratulations to Hillyer<br />

McKeown of Birkenhead for their<br />

Highly Commended award.Thanks<br />

also to Stewart Title for the<br />

invitation.<br />

We have this month also met with<br />

the local Councillors and Jeremy<br />

provides his usual excellent report<br />

on page 5. Please do consider what<br />

you think our local councillors can<br />

do for you and your clients and<br />

provide us @ Helix with the<br />

ammunition to fire at them. We are<br />

due to meet with them again in<br />

January but are working with many<br />

of them on various initiatives and so<br />

it is an on-going situation so please<br />

contact us with your questions and<br />

examples of case studies. We are<br />

also due to meet with the local Peers<br />

& M.P.s in November a Friday<br />

lunchtime meeting - should be jolly<br />

interesting this year with all the<br />

uncertainty and turmoil in<br />

Government - quite looking forward<br />

to it !<br />

Now for some exercise: Number 1 -<br />

The Joint Walk with Cheshire and<br />

North Wales <strong>Law</strong> Society is to take<br />

place on Saturday 16th September -<br />

all welcome - a brisk walk in the<br />

beautiful Cheshire Countryside -<br />

bring the family not forgetting the<br />

dog. It is free and you can meet our<br />

lawyer cousins from Cheshire &<br />

Wales and I have no doubt we will<br />

end up at some delightful hostelry -<br />

Diary Dates<br />

contact ron.davison@gamlins.co.uk<br />

Number 2 - <strong>Liverpool</strong> Legal Walk -<br />

Tuesday 3rd October <strong>2017</strong> from<br />

QEII in Derby Square around some<br />

interesting places in the city centre &<br />

beyond. Get a team together and<br />

let’s try to beat the other areas with<br />

numbers. It is free, fresh &<br />

fashionable - I might even buy you a<br />

drink at the end. See details later in<br />

this edition.<br />

On a more sober note I was<br />

saddened to hear of the passing of 3<br />

of our most notable <strong>Law</strong>yers in the<br />

City. I was honoured to be invited to<br />

pay tribute to Rex Makin on<br />

Merseyside Radio and North-west<br />

T.V.<br />

I was also honoured & privileged on<br />

behalf of Merseyside Solicitors to<br />

address the Judiciary, learned<br />

colleagues and family of HHJ<br />

Adrian Lyon @ QEII and pay<br />

tribute to someone who after a long<br />

painful illness died too young. He<br />

was a wonderful person who served<br />

the Barristers’ profession well and<br />

was liked by all.<br />

I was also privileged to attend the<br />

Requiem Mass & Thanksgiving<br />

Service for one of our past<br />

Presidents Bernard Wright in<br />

Heswall. I recall him well and he<br />

joined me and several other past<br />

Presidents at our dinner in April and<br />

was his usual cheerful self. My<br />

sincere sympathy goes to his family<br />

& friends.<br />

All three contributed so much to the<br />

legal profession in <strong>Liverpool</strong> and<br />

will be sadly missed, but long<br />

remembered.<br />

Please do not forget---<br />

- 1- The Wirral Luncheon @<br />

Birkenhead Town Hall on Thursday<br />

5th October <strong>2017</strong> with David<br />

Williams from Cammell Laird.<br />

There are many exciting things<br />

happening on Merseyside including<br />

Wirral and I hope David will be able<br />

to address update and inspire us all.<br />

Take a trip to Hamilton Square for<br />

lunch between 12noon and 2pm<br />

contact Helix for more details.<br />

-2- Annual Dinner - 9th November<br />

<strong>2017</strong> @ Hilton Hotel - excellent<br />

speakers and delightful menu -<br />

another opportunity to network and<br />

impress clients and meet new friends<br />

and celebrate <strong>Liverpool</strong> the City of<br />

<strong>Law</strong> & Business. Numbers are<br />

limited so book now to secure your<br />

place.<br />

We are also formulating plans for<br />

the International Business Festival in<br />

June 2018 - let us have your ideas<br />

and plans please.<br />

SO ... it is all go go go - please keep<br />

up and smell the coffee we do not<br />

stop here at Helix - keep in touch<br />

contact us via Twitter, Facebook &<br />

LinkedIn or if you wish write a<br />

letter or give us a ring or stop me on<br />

the Square (Hamilton & Derby).<br />

John Ballam<br />

Your President.<br />

Sponsored by<br />

Like us on Facebook<br />

www.facebook.com/<br />

<strong>Liverpool</strong><strong>Law</strong>Society<br />

Wed 13 Sept<br />

Residential Property Conference<br />

Sat 16 Sept<br />

Sandstone Trail Walk with Cheshire & North Wales <strong>Law</strong> Society<br />

Wed 27 Sept<br />

Wed 27 Sept<br />

Family Finance Conference<br />

Private Dinner for Managing Partners<br />

Follow us on Twitter<br />

@Lpool<strong>Law</strong>Society<br />

Tue 3 Oct<br />

<strong>Liverpool</strong> Legal Walk<br />

Thu 5 Oct<br />

Business Networking Lunch with David Williams from<br />

Cammell Laird<br />

Tue 10 Oct<br />

Social with University of <strong>Liverpool</strong> celebrating new legal &<br />

academic years<br />

Thu 9 Nov<br />

Annual Dinner<br />

Join us on Linked In<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 />

Meeting with Councillors<br />

The second of <strong>2017</strong>’s twiceyearly<br />

meeting between LLS<br />

General Committee members<br />

and Councillors from the Local<br />

Authorities took place on 13<br />

July. Four Councillors<br />

attended, being Ruth Bennett<br />

(<strong>Liverpool</strong>), Jane Corbett<br />

(<strong>Liverpool</strong>), John Stockton<br />

(Halton) and – for the first time<br />

– Stephen Williams (Wirral),<br />

heralding representation from<br />

across the Mersey. The essence<br />

of the discussions can be<br />

summarised as follows.<br />

<strong>Liverpool</strong> Attorneys<br />

A number of photographs of 19th and early 20th century attorneys have<br />

been donated to <strong>Liverpool</strong> <strong>Law</strong> Society by the family of the late Peter<br />

Howell Williams who was President of the Society in 1980-1. His<br />

family have sent them as a gift in case they may not only be of interest<br />

to local legal historians but also of use as a historical record. On the<br />

reverse side of each is the name of the practitioner and where<br />

appropriate post held. However, if members have more information,<br />

then please submit to the Editor for future publication.<br />

J Hamilton Parr<br />

Attorney<br />

Lived 74 Upper Parliament<br />

Street<br />

Some relevant legislation had<br />

been enacted since LLS last met<br />

a group of Councillors. I took<br />

the opportunity to update the<br />

Councillors, who in turn would<br />

need to be aware in their dealing<br />

with the authorities’ various<br />

departments. These include<br />

Statutes on Bus Services,<br />

Children and Social Work,<br />

Homelessness Reduction, Local<br />

Audit (Public Access), and<br />

Neighbourhood Planning.<br />

I referred to a Court of Appeal<br />

decision on a Judicial Review of<br />

Local Authorities’ prosecuting<br />

powers under s222 of the Local<br />

Government Act 1972, and I<br />

made the point that very few<br />

Bills heralded by the Queen’s<br />

Speech in June <strong>2017</strong> had yet<br />

been published, and that I could<br />

not find any relating to local<br />

authority matters. This lack of<br />

many Bills is why I have delayed<br />

reporting in “<strong>Liverpool</strong> <strong>Law</strong>” on<br />

Bills published in this very early<br />

period of this new<br />

Parliamentary Session.<br />

In Merseyside and Halton, the<br />

main political new apart from<br />

the General Election had been<br />

Steve Rotheram’s election as the<br />

City Region’s first Metro Mayor.<br />

John Ballam had invited Mayor<br />

Rotheram to visit LLS to discuss<br />

and he had had to decline due to<br />

his heavy schedule. The Mayor’s<br />

interim CEO, Sheila Murphy,<br />

was mentioned by Councillors,<br />

so a meeting between her and<br />

LLS officers might be a<br />

possibility to explore. The<br />

Mayor’s responsibilities in the<br />

fields of Employment and Skills,<br />

Transport, and Housing are<br />

fields where a variety of LLS<br />

members might need to advise<br />

Clients and perhaps feed<br />

suggestions to his office.<br />

Chris Topping, Chair of LLS’s<br />

Access to Justice Committee,<br />

referred to two areas. First, a<br />

reminder of the LASPO review<br />

and connected with it the<br />

Labour Party’s review under<br />

Lord Bach. Second, Chris<br />

Topping referred to his cooperation<br />

with Cllr Corbett<br />

about the 10 March event in<br />

which the City Council had<br />

highlighted access to advice<br />

within the scope of addressing -<br />

and seeking to alleviate - the<br />

symptoms of poverty. Chris took<br />

the opportunity to update the<br />

Councillors on this coming<br />

Autumn’s Pro Bono initiatives<br />

and LLS’s particular activities to<br />

promote such work.<br />

The recent tragedies in<br />

Manchester and London have<br />

led to such provision of Pro<br />

Bono work by Solicitors. Charlie<br />

Jones stressed to the Councillors<br />

how Solicitors in areas affected<br />

by those events had rapidly and<br />

generously offered assistance to<br />

survivors and to those bereaved,<br />

and hoped that the Councillors<br />

would spread that positive<br />

message about the profession.<br />

John Ballam echoed those<br />

comments and referred to the<br />

similar role of Wirral Solicitors<br />

in respect of the New Ferry gas<br />

explosion.<br />

LLS holds its next meeting with<br />

a selection of Councillors on 18<br />

January 2018. If any LLS<br />

members have ideas or would<br />

like to have matters raised with<br />

our local Councillors, the LLS<br />

would be very happy to hear.<br />

Jeremy Myers<br />

LLS Parliamentary Liaison<br />

Officer<br />

committees@liverpoollawsociety.org.uk<br />

John Eden<br />

Attorney<br />

Lived Fulwood Park<br />

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www.liverpoollawsociety.org.uk<br />

5


Local News<br />

News from the Sub-Committees<br />

Email: committees@liverpoollawsociety.org.uk for further information<br />

Regulatory Committee Action<br />

SRA Consultation –<br />

‘A new route to qualification:<br />

New regulations’<br />

Following a meeting at the Society in early July, <strong>Liverpool</strong> <strong>Law</strong><br />

Society’s Regulatory Sub-Committee submitted a response to the<br />

SRA’s latest consultation on training which closed on 26 July. The<br />

questions were: ‘Do you agree that these regulations implement the<br />

agreed policy framework for the SQE?’ and the committee also<br />

responded to the query ‘Do you have any comments on the<br />

proposals for recognition of the knowledge and competences of<br />

qualified lawyers?’<br />

The SRA’s next steps are that they plan to submit the new admission<br />

regulations to the Legal Services Board towards the end of this year.<br />

They explain this is so they “can move to implementation, giving<br />

stakeholders certainty about the new qualification system and the<br />

proposed timetable. The target date for full implementation of the<br />

SQE is September 2020. The SQE will be delivered by a single<br />

assessment organisation which we will appoint following a<br />

competitive tender process to select that assessment organisation.”<br />

Solicitor vacancies on LLS Access<br />

to Justice Committee<br />

This committee, chaired by Chris Topping of Broudie Jackson<br />

Canter, was created in January 2012 prior to the implementation<br />

of the LASPO Act. Its main remit is to look at access to legal<br />

advice and assistance particularly to those who are of limited<br />

means.<br />

It has a membership of solicitors in private practice and third sector<br />

agencies including local university law clinics. It meets every couple<br />

of months, over a working lunch at <strong>Liverpool</strong> <strong>Law</strong> Society’s offices.<br />

The Committee encourages pro bono initiatives, and organises<br />

conferences and forums involving private sector lawyers, third sector<br />

agencies providing legal advice such as Citizens Advice and law<br />

centres, local universities’ law clinics, local authorities from the<br />

<strong>Liverpool</strong> City Region, and members of the local judiciary.<br />

The Committee also inputs into the agenda of <strong>Liverpool</strong> <strong>Law</strong><br />

Society’s directors’ twice-yearly meetings with local councillors and<br />

MPs. The Society feels there is still a continuing role for lobbying,<br />

particularly to elected representatives, and the meetings enable the<br />

Directors of the Society to highlight areas of injustice as they arise<br />

with a view to arguing for the re-opening of access to Legal Aid in<br />

the future.<br />

If you are interested in becoming a member of this committee and<br />

are a solicitor, please contact Sarah Poblete at<br />

sarah@liverpoollawsociety.org.uk<br />

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6 www.liverpoollawsociety.org.uk


News<br />

Joint V Meeting – Leeds<br />

LLS is one of the founding<br />

members of the Joint V – the<br />

largest local law societies<br />

outside London, being<br />

Birmingham, Bristol, Leeds,<br />

<strong>Liverpool</strong> and Manchester. We<br />

meet three times a year to share<br />

ideas and report on any issues<br />

that we face locally that might<br />

be replicated in the other JV<br />

cities. In essence the JV is a<br />

collaborative group. We share<br />

ideas and experiences to save<br />

the other members time and<br />

effort in recreating something<br />

that has worked well.<br />

The latest meeting was at Leeds<br />

<strong>Law</strong> Society and the president<br />

and I attended. One of the<br />

major issues facing all five<br />

societies was the engagement of<br />

its members. We all agree that<br />

being relevant and giving value<br />

for membership is one of the<br />

most important things that we<br />

must strive to do. We looked at<br />

what each society is doing to<br />

assist its members and how we<br />

find out from members what it is<br />

that they want. Some have<br />

carried out surveys, or arranged<br />

conferences to speak to as many<br />

members as possible, others do<br />

more in the way of legal<br />

education and training, and<br />

some act as a conduit to get<br />

access to councillors, MPs,<br />

senior judiciary and professional<br />

regulators.<br />

The question was can we, as the<br />

JV be more? Can we use our<br />

collective power to get better<br />

deals for all of our members and<br />

to assert influence on policy<br />

makers at an earlier juncture? It<br />

was heartening to hear form the<br />

national <strong>Law</strong> Society that when<br />

they consult on any proposals,<br />

the JV is at the top of the list of<br />

influential views and as such<br />

any road shows will always<br />

come out to the JV cities.<br />

However there was a view<br />

expressed that we should be<br />

involved earlier still, given the<br />

number of solicitors we<br />

collectively represent and this is<br />

what we will be working<br />

towards and lobbying for in the<br />

future.<br />

We heard from the CEO of the<br />

LSB, Neil Buckley. He gave us<br />

the news that the ICAEW,<br />

already the largest issuer of ABS<br />

licences, was likely about to be<br />

allowed to regulate all reserved<br />

activities, not just probate. His<br />

view was that ABS’s were on the<br />

whole more innovative, for<br />

example they were better at<br />

unbundling services. He said<br />

that their consumer surveys<br />

revealed that trust in the<br />

profession was declining, but at<br />

the same time so was the<br />

number of complaints, the<br />

conclusion to be drawn was that<br />

the lack of trust came down to<br />

the fact that pricing was not<br />

transparent. His view was that<br />

we need to persuade SMEs in<br />

particular about the value and<br />

cost effectiveness of obtaining<br />

legal advice at an early stage. We<br />

can look to practitioners in<br />

crime/family who are already<br />

involved in different methods of<br />

charging and have found ways to<br />

make unbundling work.<br />

We also heard from Matthew<br />

Smerdon of the Legal Education<br />

Foundation. As we are all aware<br />

cuts have led to a huge deficit<br />

for law centres and this has<br />

meant that training people in the<br />

areas of law most needed in<br />

those centres is now extremely<br />

difficult. The LEF will fund<br />

trainees in such centres to<br />

enhance and deliver social<br />

welfare advice in law centres<br />

and other entities. The fellows<br />

will complete a project alongside<br />

their training contract which will<br />

enhance the offering on a longer<br />

term basis. Bristol and<br />

Birmingham now have a Justice<br />

First Fellow and LEF is looking<br />

to place one in an appropriate<br />

centre in Manchester and<br />

<strong>Liverpool</strong> to commence in 2018.<br />

The JV is our chance to share<br />

what we do and to expand on<br />

the work that has been carried<br />

out in other major legal centres.<br />

If there are any ideas as to how<br />

<strong>Liverpool</strong> might work better<br />

with other JV members to<br />

deliver more for <strong>Liverpool</strong>, you<br />

can contact me at any time to<br />

discuss.<br />

Nina Ferris<br />

Vice President<br />

Nina.ferris@hilldickinson.com<br />

Steve was formerly Senior Partner in a well known <strong>Liverpool</strong> firm and is a Past President of<br />

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7


Obituary<br />

Obituary: E Rex Makin<br />

Elkan Rex Makin was born on 20th <strong>Aug</strong>ust 1925 in<br />

Birkenhead. His father was Joseph (Joe) Agulnek, was born in<br />

<strong>Liverpool</strong> in 1890. His mother, May Merkin came from<br />

Ruzhany in the Russian empire to join her brothers Joe and<br />

Leon on Merseyside. In England, her family name changed<br />

from Merkin to Makin.<br />

His paternal grandparents and his parents were married at the<br />

Hope Place Synagogue. Joe was in business trading as the York<br />

Trunk Company. In 1928 Rex’s father took his wife’s name of<br />

Makin. Apparently, Rex’s mother did not like being called ‘Mrs<br />

Uglyneck’ and around that time they moved across the Mersey to<br />

reside in Sydenham Avenue off Ullet Road.<br />

Rex, an only child, gained a bursary to <strong>Liverpool</strong> College –the<br />

school was then very sporty and Rex was made to box aged 9 and<br />

play rugby which he hated.<br />

Following the outbreak of the war, Rex and his parents evacuated<br />

to Llandudno. Rex went to the John Bright Grammar School.<br />

An inspirational Welsh speaking teacher taught Rex wonderful<br />

English which was of fundamental significance and value for his<br />

future legal and journalistic life.<br />

Rex went to <strong>Liverpool</strong> University to study law and spent a lot of<br />

time interested in politics and journalism He edited to the<br />

undergraduate the undergraduate magazines. Despite these<br />

distractions and possibly, so he claimed, because of contribution<br />

they made to the University in the wider sense, he gained an LLB<br />

and then a LLM on the topic of the McNaughton rule relating to<br />

criminal insanity.<br />

His father had business acumen and steered him to become a<br />

solicitor: a very good living could be earned quite easily due to<br />

scale fees for conveyancing . Articles of clerkship were paid for<br />

and, so, his Principal had the privilege of Rex not only working<br />

for them but his family paying for him to do so. However, his<br />

training was worthwhile: not in the conventional sense, as he<br />

witnessed conduct which was not as it should have been and he<br />

realised that he needed to be in control and maintain the highest<br />

standards of professional conduct and service to his clients.<br />

6 months after qualifying he set up his own firm in a few rooms<br />

in Hackins Hey. Advertising for business was strictly prohibited –<br />

there was even doubt as to whether the description solicitor could<br />

be put on the name plate to the building.<br />

Rex used what he said was the ‘sweat of his tongue’ in Dale<br />

Street to great effect. He championed the under-dog and worked<br />

on the basis that if he looked after the clients then his fees would<br />

look after themselves and they did and the firm flourished.<br />

He had many notable cases – in the 1950’s the outcome of<br />

murder cases was literally a matter of life and death for his<br />

clients. In 1950 he was consulted by the brothers of George Kelly<br />

condemned to death for the Cameo Cinemas murders – it was<br />

too late and he was not able to do anything to prevent their<br />

brother’s execution. The distraught image of the brothers<br />

haunted Rex for the rest of his life.<br />

He had the satisfaction of seeing the conviction overturned in<br />

2003. In 1952 he had the Knowsley Hall murder case – in which<br />

Lady Derby was shot and her butler and footman killed. Harold<br />

Winstanley was charged with murder but survived – how this was<br />

achieved is a long story in itself - Harold was found to be insane<br />

and sent to Brodamoor from where he was later released. Harold<br />

E Rex Makin<br />

wrote each year to Rex about his life. Later in the 1950s he<br />

successfully defended the US soldier Freeman Reese charged with<br />

murder.<br />

On the day President Kennedy was shot Rex was representing<br />

Gerry Marsden in court in Wales. He was involved in matters<br />

connected with the Beatles and when Brian Epstein died in 1967<br />

he went to London to sort out the arrangements and gave her a<br />

media scoop. He was credited with using the term Beatlemania<br />

in Court in <strong>Liverpool</strong> Magistrates Court to describe a miscreant’s<br />

behaviour.<br />

In the early 1970s he acted for students of <strong>Liverpool</strong> University in<br />

disciplinary proceedings brought as a result of an anti-apartheid<br />

protest. One, Jon Snow, the newsreader, was expelled.<br />

In the 1980’s there was the cases of the Walton Sextuplets and<br />

the Heyel Stadium and Hillsborough Disaster. However, his<br />

professional career was not all high profile or celebrity dominated<br />

and he championed the underdog against the establishment and<br />

bureaucracy. There were many legal landmark cases such as<br />

liability to compensate and he used the law to secure the best<br />

result he could for his client. He was able to relate to and assist a<br />

diverse range of clients and had tremendous industry and<br />

demanding standards. His correspondence was sharp and, in<br />

part, became the source of legend. He had a great sense of<br />

compassion as well illustrated as a duty solicitor receiving a<br />

distressed call from someone arrested just before Xmas for<br />

allegedly stealing half a bottle of whisky so as to drown their<br />

sorrows because they were alone at sad at the festive time. He<br />

just knew the right thing to say to support the client. He was<br />

always more touched by the great number of people who came<br />

up to him, hugged him, and said how he had helped them or<br />

their family obtaining compensation for them or for helping them<br />

because of difficulties they were in sometimes due to youthful<br />

indiscretion and he was pleased that things eventually turned out<br />

well. Children and grandchildren of his original clients would<br />

greet him and reminisce with him. He had the most marvelous<br />

memory and could astonish and thrill them with his recall.<br />

He was honoured by the <strong>Liverpool</strong> <strong>Law</strong> Society with a lifetime<br />

achievement award which he very much appreciated – I think<br />

that he only went to one event of the Society prior thereto - and<br />

by <strong>Liverpool</strong> John Moores and <strong>Liverpool</strong> Hope Universities.<br />

Undoubtedly, a large part of his success was due to a lot of loyal


E Rex Makin<br />

Recollections of and<br />

tributes to<br />

E Rex Makin<br />

I was very sad to hear of the passing of Rex Makin, late in June.<br />

he was an excellent Solicitor and great character. I believe he was<br />

the first Solicitor to be made Freeman of the City despite being<br />

born in Birkenhead.<br />

Rex set the standard and pushed boundaries. He looked after his<br />

clients as if they were his family and fought to the bitter end in every<br />

case. He made sure that the Establishment & Authority took notice<br />

and were accountable.<br />

Rex Makin receives the <strong>Liverpool</strong> <strong>Law</strong> Society<br />

Lifetime Achievement Award from Charlie Jones in<br />

2009<br />

and dedicated staff who worked for him over the years and<br />

helped him enormously. He had a knack of hiring some very<br />

good people.<br />

Rex also worked as a journalist writing reports on local events in<br />

his student days and in the 1950’s. In 1993 he started to write a<br />

weekly column for the <strong>Liverpool</strong> Echo. He made his point often<br />

to the chagrin of many in positions of importance but it endeared<br />

him to many and kept others in fear of inclusion with some even<br />

going to the extent of lobbying the Echo’s editor to avoid their<br />

embarrassment. He continued with his column until he was over<br />

90.<br />

When he retired, the Echo thanked him for 23 years of caustic<br />

comments and incisive insight and said he was ‘’ the best<br />

journalist not on the Echo Staff ”<br />

He was extremely generous in many ways. Often in private and<br />

to causes which were less popular. He was proud of his heritage<br />

and was keen to remember his parents and community. He loved<br />

the City of <strong>Liverpool</strong>. He was a trustee of St Georges Hall. He<br />

was so happy to receive the Freedom of the City, and to attend<br />

many civic events. He enjoyed and supported education, the arts,<br />

health and community projects.<br />

He tolerated with stoicism his decline and was not angry. Whilst<br />

he did not go gently into the good night he did not rage against<br />

his decline but made the best of what he still had and was still<br />

alert and on the ball. He would comment on recent political and<br />

legal developments and provide wise advice right to the end<br />

despite his frustration. He was in his office last Friday 23rd June<br />

<strong>2017</strong> and was due to attend when he fell ill on the day of his<br />

death, Monday 26th June.<br />

He managed to calm worries and got others to appreciate that<br />

things were never as they thought. He had a keen sense of fun<br />

and would always entertain and be supportive.<br />

I worked with my father since I was a little boy going in to open<br />

the post through attending the Magistrates Court in Dale Street<br />

and the Registry in India Buildings as a teenager right through to<br />

the weekend before he died when I sought his guidance on a high<br />

profile matter – his instinct was usually right. The personal and<br />

professional loss is irreplaceable.<br />

Robin Makin<br />

I recall his appearances in Dale Street Magistrates Court with<br />

interest his robust approach putting fear into the Prosecution &<br />

Police, he was also able to beguile his audience with his<br />

knowledgeable wit. He will be missed but not forgotten.<br />

My sincere condolences go to his family & friends particularly his<br />

son Robin who continues the business in his father’s name.<br />

John Ballam<br />

President<br />

My Fond Memories of Rex Makin<br />

I was sad to learn that Rex Makin passed away on 26th June after<br />

a long and eventful life during which he made such a difference to<br />

so many people. I worked for him for 14 years and wanted to<br />

share some memories.<br />

It was the summer of 1997 when Robin Makin telephoned me at<br />

home and asked me if I wanted to cover maternity leave doing Wills<br />

and Probate. I explained that I’d done a bit in my Articles and could<br />

only work part time owing to home commitments, this was fine and<br />

so I started working for Rex Makin on the 1st September ‘97, one<br />

day after the death of Princess Diana.<br />

Working for Mr Makin was like working for a Legend. I’ve worked<br />

for some real characters in the law but he was on another level<br />

altogether. He was a Tour de Force, it didn’t pay to get on the wrong<br />

side of him and of course, his reputation went before him. Mr<br />

Makin was devoted to the law and furthering the cause of the little<br />

people who society weren’t interested in.<br />

He was straightforward and it was no use going to discuss something<br />

at length when he required succinct and relevant information stated<br />

in a clear manner. A good piece of advice was never to hover round<br />

him, be bold and direct, no time wasting was permitted. There were<br />

no meetings taking many hours of verbosity and achieving only<br />

arranging a further meeting.<br />

After I’d been there for about one year, I made a mistake and had<br />

paid the wrong money to the beneficiaries of a rather troublesome<br />

estate. My heart fell through the floor and I went downstairs<br />

immediately and told Mr Makin what had happened. He never<br />

shouted at me, he asked if we could put it right and yes we could,<br />

we stopped the cheques, I apologised to parties and paid the correct<br />

amounts.<br />

It was like a family and Mr Makin looked after his staff in an old<br />

fashioned way. I remember going to visit him when he was in<br />

Lourdes after a minor mishap and he said that I always did the right<br />

thing. This meant an awful lot to me, I just do my best.<br />

One day and without any discussion or notice, my own name and<br />

those of a number of other solicitors were on the notepaper listed as<br />

continued overleaf


E Rex Makin<br />

partners. Goodness, partners in the firm of E. Rex Makin & Co<br />

which was all rather amazing!<br />

Mr Makin was made a Freeman of <strong>Liverpool</strong> on 3rd November<br />

2003. He was immensely proud and he invited all employees to the<br />

ceremony and the beautiful salmon dinner at the Crowne Plaza<br />

afterwards to share the celebration. The day after, I asked him to<br />

sign my Conferment Programme. I felt pretty daft but I’m so glad I<br />

asked and he was more than happy to oblige.<br />

I have many more good memories of Rex Makin, he was dedicated,<br />

kind, wise and generous. All in all it was a great honour to work for<br />

Professor E. Rex Makin.<br />

Naomi Pinder<br />

Jackson & Canter<br />

The End of an Era? –<br />

A Young Solicitor’s Guide to<br />

Working in the Shadow of Rex<br />

I was saddened to hear of the passing of Rex Makin a few days<br />

ago. I qualified as a solicitor in <strong>Liverpool</strong> in 1984. In all the<br />

time since, I spoke to him face to face on only one occasion. I<br />

felt like I had just had an audience with the Pope. It was that<br />

important.<br />

In my early days as a personal injury solicitor, I acted for<br />

insurance companies in compensation claims. Rex would be on<br />

my case, rebuking me for failing to reply to letters within 3 days<br />

and mocking my involvement in the local law society. This was a<br />

simple attempt to distract me whilst he got on with the business<br />

of making sure he secured the best settlement for his client. I<br />

soon learned. All letters I received were on half size sheets of<br />

paper. I was lucky to get more than one sentence.<br />

Rex always stood up for what he believed in. His views on a<br />

variety of subjects were articulated in his regular column in the<br />

<strong>Liverpool</strong> Echo. Sometime in the 1990s I was shown an exchange<br />

of complaint correspondence between Rex and Mr Hagan who<br />

was the senior administrator for the County Court in the old QE2<br />

days. The letters sent by Rex were, to say the least vitriolic – but<br />

also very clever. It was a regular weekly exchange between the<br />

two on a variety of subjects. Mr Hagan was always very<br />

courteous in his reply despite enormous provocation. Dealing<br />

with these matters was a significant distraction for Mr Hagan but<br />

when the staff set up a retirement party for him - guess who was<br />

top of the list of invitations!<br />

Rex was also a huge supporter of the arts in <strong>Liverpool</strong>. I set up a<br />

function many years ago at the Walker Art Gallery. When I said<br />

that I was a solicitor the staff told me about the contributions that<br />

Rex had made to the gallery. In fact they said he was the fourth<br />

largest benefactor. A private exhibition was set up for him to say<br />

“thank you”. Apparently significant subterfuge had to be used to<br />

get him there. I am told that despite outward signs to the<br />

contrary, he openly wept when he got there and realised what had<br />

been done for him.<br />

He qualified as a solicitor in 1949 and in 2009 <strong>Liverpool</strong> <strong>Law</strong><br />

Society made a Lifetime Achievement Award to him after 60<br />

years service in the legal profession.<br />

At the time that I qualified his presence here in <strong>Liverpool</strong> made a<br />

big impression on me and many others of my generation. His<br />

approach to challenging authority and speaking out when things<br />

were wrong was something that we all had to follow. If you<br />

wanted to get on you had a lot to learn from Rex. I am firmly of<br />

the view that by raising the bar he played a significant part in<br />

establishing <strong>Liverpool</strong> as a centre of legal excellence.<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 />

Many people applauded him for what he did. Many others could<br />

not agree – particularly if they were on the receiving end of his<br />

acerbic wit and challenge. Whichever way you looked at him you<br />

always respected him and right now all with be sorry to learn of<br />

his passing.<br />

Will there ever be another Rex in <strong>Liverpool</strong> or elsewhere? I can<br />

say “never” with certainty. It really is the end of an era.<br />

Stewart McCulloch<br />

AutoResolutions Limited<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 />

10 www.liverpoollawsociety.org.uk


E Rex Makin<br />

E. Rex Makin Interview<br />

At the <strong>Liverpool</strong> <strong>Law</strong> Society AGM in 2009 Rex<br />

Makin was awarded the Lifetime Achievement<br />

Award by <strong>Liverpool</strong> <strong>Law</strong> Society. The following<br />

interview appeared in the December 2009 edition<br />

of <strong>Liverpool</strong> <strong>Law</strong>.<br />

At the AGM last month, Professor<br />

Rex Makin was honoured with a<br />

lifetime achievement award by the<br />

<strong>Liverpool</strong> <strong>Law</strong> Society. Julia<br />

Baskerville spoke to Professor Makin<br />

about his long and eventful career in<br />

the law...<br />

Rex Makin has to be the most well known<br />

solicitor in Merseyside, if not the UK. In a<br />

career that has spanned six decades,<br />

Professor Makin has taken centre stage in<br />

many of the events that have helped to<br />

shape the city as well as advising the<br />

City’s celebrities in the areas of music and<br />

entertainment, sport and journalism.<br />

People such as Ken Dodd, Bill Shankly,<br />

Jimmy Tarbuck, Freddie Starr and Gerry<br />

Marsden have all turned to Professor<br />

Makin at some stage during their careers.<br />

He has also worked on high profile cases<br />

such as the Hillsborough and Heysel<br />

stadium disasters, the Walton Sextuplets<br />

and the Cameo Murder.<br />

Born in 1925 in Birkenhead, Rex’s family<br />

moved to <strong>Liverpool</strong> when he was three<br />

years old.<br />

After studying law at <strong>Liverpool</strong> University,<br />

gaining his LLB in 1945, and LLM in<br />

1947, Rex Makin set up his practice, E.<br />

Rex Makin & Co in 1949 from an office in<br />

Hackins Hey. The firm gradually<br />

expanded over the years and in 1978 the<br />

firm moved to its current location in<br />

Whitechapel.<br />

In 1963, Rex Makin was approached by<br />

his neighbour and client, Brian Epstein,<br />

who asked him to draw up a lifetime<br />

contract for a new band he had discovered<br />

known as “The Beatles.” Professor Makin<br />

advised Epstein that such a contract<br />

would never stand up in court and no<br />

formal contract was ever drafted. At the<br />

time, the music of the “Fab Four” was<br />

sweeping the world and Rex came up with<br />

the phrase “Beatlemania” to describe the<br />

phenomenon. Brian Epstein died just four<br />

years later and Professor Makin was left to<br />

handle his estate.<br />

In 2003, Rex Makin was made a Freeman<br />

of the City of <strong>Liverpool</strong>, the first solicitor<br />

to be bestowed with such an honour and<br />

was given an honorary professorship at<br />

<strong>Liverpool</strong> John Moores University in<br />

2000.<br />

Of all the cases that Rex has been<br />

involved in over the years, two stand out<br />

from the rest. In 1949, the manager and<br />

assistant manager of the Cameo Cinema<br />

in <strong>Liverpool</strong> were murdered. George<br />

Kelly and Charles Connolly were<br />

convicted and after a long trial, Kelly was<br />

executed at Walton Prison, <strong>Liverpool</strong> by<br />

Albert Pierrepoint in 1950 still<br />

maintaining his innocence. Many years<br />

later, Rex campaigned for the case to be<br />

re-opened and in 2003 the Court of<br />

Appeal quashed the decision.<br />

In 1952, when a young lawyer, Rex<br />

represented 19-year old Harold<br />

Winstanley who was charged with the<br />

murder of Walter Stallard, a butler,<br />

Douglas Stuart, his understudy and the<br />

attempted murder of Lady Derby at<br />

Knowsley Hall. The young killer was<br />

judged guilty but insane at his trial and<br />

sent to Broadmoor and Rex kept in touch<br />

with the young man until his release<br />

many years later.<br />

Rex is no admirer of the establishment<br />

and doesn’t pull any punches. On<br />

receiving his award from <strong>Liverpool</strong> <strong>Law</strong><br />

Society he said “I am rather tickled.<br />

<strong>Liverpool</strong> <strong>Law</strong> society has not been one<br />

of my most fervent fans over the years,<br />

nor can I say that I have been over the<br />

moon with affection for them. <strong>Liverpool</strong><br />

<strong>Law</strong> Society has changed over the years,<br />

but so has the composition of the<br />

profession which has now become a<br />

sleazy trade….”<br />

Rex is still involved in the running of the<br />

firm, but also takes time to write his<br />

Friday column for the Echo. He has never<br />

missed a deadline in 16 years, despite<br />

being hospitalised on a couple of<br />

occasions.<br />

Rex is also a champion of the arts and a<br />

generous benefactor in the City, so much<br />

so that a Lecture Theatre at St Georges<br />

Hall has been named in his honour. Not<br />

that the City really needs any reminders<br />

of who Rex Makin is………


Memtal Obituary Health Feature<br />

Obituary Bernard Bucknall Wright<br />

President of <strong>Liverpool</strong> <strong>Law</strong> Society 1982-83<br />

Bernard Bucknall Wright (“BBW” as he<br />

was affectionately known) was born in<br />

Southport on 22 December 1933 and, after<br />

moves to the Isle of Man and St Helens,<br />

settled in Heswall in the 1950’s where he<br />

lived for the rest of his life. He died<br />

suddenly and peacefully on 31 May <strong>2017</strong>.<br />

As a young man his first loves were flying<br />

and rugby union. He went to <strong>Liverpool</strong><br />

University to pursue a law degree where he<br />

became an active member of the University<br />

of <strong>Liverpool</strong> Air Squadron and was able to<br />

practice aerobatics in Chipmunks flying<br />

from RAF Woodvale – a skill which it<br />

would later be alleged he transferred to<br />

driving his car. He then did his National<br />

Service with the RAF.<br />

His love of rugby was nurtured at West<br />

Park Grammar School St Helens and<br />

progressed into the University team. He<br />

also played for Wasps and the RAF. After<br />

National Service, he continued to pursue his<br />

love of rugby. He played for New Brighton<br />

RUFC (of which he was both Captain and,<br />

later, President), Lancashire and Cheshire<br />

and had a deserved reputation as the first of<br />

the – now commonplace - “running<br />

fullbacks” at a time when all that fullbacks<br />

were expected to do was to tackle and kick!<br />

He was unlucky not to play for England.<br />

A remarkable aspect of his rugby playing<br />

career is that history does not record him<br />

missing any fixture through injury caused<br />

on the field of play. Doubt arose as to<br />

whether this record had been shattered<br />

when, on turning up for his routine Monday<br />

lunch with chums in 1961, he arrived on<br />

crutches. A comment that the Press had<br />

not reported any injury during the game at<br />

Halifax on the previous Saturday was<br />

answered by BBW: “That is quite correct.<br />

The injury happened on the dance floor<br />

after the game”. There remains doubt to<br />

this day as to whether the dancing in<br />

question was on the floor or on a table!<br />

Rugby did, however, eventually take its toll<br />

on BBW’s ankles causing him suffering in<br />

later life which he bore with great fortitude.<br />

Notwithstanding his extra-curricular<br />

activities he succeeded in graduating with a<br />

slightly indifferent degree and it was only as<br />

a result of the persuasive powers of<br />

Professor Seaborne-Davies that he narrowly<br />

decided to pursue a career in the law rather<br />

than re-joining the RAF. The Prof<br />

introduced him to Tom Roberts of Cuff<br />

Roberts where he was offered articles;<br />

retained as an assistant solicitor in 1957;<br />

and became a partner in 1960.<br />

until 2005 when he moved his desk to<br />

within walking distance from home at Guy<br />

Williams Layton’s office in Heswall where<br />

he was a consultant until 2013.<br />

Perhaps because of the quality of his degree<br />

BBW was unnecessarily modest about his<br />

capabilities as a lawyer. He became one of<br />

the best property/conveyancing lawyers of<br />

his era. His expertise in this field was<br />

acknowledged by his peers when he was<br />

appointed by the <strong>Liverpool</strong> <strong>Law</strong> Society as<br />

one of its “conveyancing referees” – a role<br />

which has since become obsolete but, in the<br />

days when a significant number of<br />

properties had unregistered titles, enabled<br />

technical disputes between other property<br />

lawyers who were members of the Society<br />

to be settled quickly.<br />

Cuff Roberts had a reputation for taking on,<br />

and giving excellent training to, significant<br />

numbers of trainee solicitors (or, as they<br />

were then called, articled clerks) many of<br />

whom are still in practice in the City of<br />

<strong>Liverpool</strong> and elsewhere and all will have<br />

derived great benefit from watching BBW in<br />

operation.<br />

BBW served with distinction as Hon<br />

Secretary of <strong>Liverpool</strong> <strong>Law</strong> Society from<br />

1977 to 1981; Vice President in 1981-2; and<br />

President in 1982-3.<br />

In addition to his rugby, BBW was also a<br />

keen squash player, golfer and skier. He<br />

was captain of Heswall Golf Club in 1989.<br />

Those who knew BBW only at work or only<br />

at play would form two quite different views<br />

of him. In the office he was extremely hard<br />

working, meticulous, and fierce in his<br />

pursuit of the best interests of his clients.<br />

At play, he was the life and soul of any<br />

party. An anecdotal recollection is when<br />

Tom Roberts at some time shortly after<br />

midnight following the Society’s annual<br />

dinner, made BBW promise to see one of<br />

the prestigious guests safely home to Oxton.<br />

The promise was dutifully kept by<br />

depositing the guest safely by taxi at his<br />

front door, but only at about 5 a.m. after he<br />

had first enjoyed the company of BBW and<br />

other colleagues and guests – and a<br />

mushroom omelette and chips - at one of<br />

<strong>Liverpool</strong>’s Indian restaurants. BBW was<br />

also a prime mover behind Cuff Roberts’<br />

legendary (or infamous?) Christmas parties<br />

when the practice of sending out invitations<br />

eventually became superfluous because<br />

anyone who wanted to come would do so,<br />

and be made welcome, whether invited or<br />

not!<br />

When stopped for speeding on the M5<br />

beyond Bristol (on his way to a <strong>Law</strong> Society<br />

conference in Torquay) he had two traffic<br />

policemen in fits of laughter within a very<br />

short time. Unfortunately this did not<br />

prevent him from being summoned before<br />

the Weston-super-Mare magistrates. At<br />

receptions at <strong>Law</strong> Society conferences he<br />

would put a place card (which he had<br />

“borrowed” from somewhere else) with the<br />

name “Lord Wigton” on it on any vacant<br />

table to reserve it for the <strong>Liverpool</strong> party. It<br />

is alleged that he organised wine tastings<br />

with cheap wine decanted into expensive<br />

bottles and a six beer comparison with all<br />

the samples coming from the same can.<br />

Both at work and at play, however, there<br />

was a common feature. He was always<br />

immensely generous of spirit and never<br />

heard to speak ill of anyone.<br />

As this account indicates BBW was a man<br />

of many talents and, in the words of<br />

Kipling, he did succeed in filling “the<br />

unforgiving minute with sixty seconds<br />

worth of distance run”.<br />

BBW married Jenni in 1964 and is survived<br />

by her and their 5 sons and 12<br />

grandchildren of all of whom he was<br />

extremely proud. He will be greatly missed<br />

by all of them and by all of those who were<br />

privileged to be his colleagues in the<br />

practice of the law.<br />

Tony Twemlow<br />

He remained a partner (and was, for a time,<br />

Senior Partner) until 1999. Thereafter, he<br />

continued as a consultant with Cuff Roberts<br />

12 www.liverpoollawsociety.org.uk<br />

BBW also had a mischievous sense of<br />

humour and a capacity to produce laughter<br />

in the most extraordinary circumstances.


Local News<br />

<strong>2017</strong> Personal Injury Conference Report<br />

<strong>Liverpool</strong> <strong>Law</strong> Society held its<br />

annual personal injury<br />

conference on 5th July.<br />

The conference was sponsored by<br />

Wesleyan. In recent years<br />

Wesleyan has developed a<br />

successful business model<br />

providing tailored financial advice<br />

and products to select professional<br />

groups, notably GPs, hospital<br />

doctors, dentists, teachers and<br />

lawyers and for the organisations<br />

in which they are employed.<br />

Hosting a wide of speakers, the<br />

conference was held just days after<br />

the Queens Speech had confirmed<br />

the government’s intention to<br />

proceed with substantial reforms<br />

to the personal injury claims<br />

process.<br />

Lobbyist and parliamentary<br />

candidate, Matthew Maxwell-<br />

Scott set out the detail of the<br />

planned reforms and his<br />

engagement with the Ministry of<br />

Justice. The reforms will have far<br />

reaching implications for the legal<br />

profession – particularly in the<br />

north-west.<br />

Also relevant to the<br />

announcement was the<br />

appearance of new market<br />

entrant, Nuvalaw. Director Willie<br />

Pienaar outlined his company’s<br />

plans for futureproofing personal<br />

injury claims resolution in a<br />

digitised world with an inter-party<br />

negotiation and adjudication<br />

platform that brings together tools,<br />

processes and services to reduce<br />

the time and cost to settle claims.<br />

This system has already proven<br />

successful in South Africa on over<br />

40,000 claims and presents a new<br />

opportunity to personal injury<br />

lawyers particularly in the light of<br />

the planned reforms.<br />

L to R: Lesley Graves, David Pilling, Matthew<br />

Maxwell-Scott, Paul Ryman-Tubb, Kirsty McKno,<br />

Willie Pienaar and Richard Cropper.<br />

Lesley Graves of Citadel <strong>Law</strong> delivered a thought<br />

provoking presentation setting out the financial<br />

imperatives for firms specialising in personal injury who<br />

wish to survive the changes ahead. Delegates –<br />

particularly those with a head for figures - enjoyed the<br />

presentation by Richard Cropper of PFP on the<br />

implications of the new discount rate and the likely<br />

road ahead after completion of the Ministry of Justice<br />

consultation.<br />

In the afternoon, Paul Ryman-Tubb, Chief Technical<br />

Officer at MIB provided a detailed insight into the<br />

history and operation of the Motor Insurers’ Bureau<br />

going back to its creation in 1946 through responses to<br />

European Directives and more recently to the<br />

controversial ramifications of the Vnuk case.<br />

David Pilling ably filled what is traditionally known as<br />

the “graveyard slot” at the end of the afternoon.<br />

Delegates interests were kept alive by the talk of money!<br />

As he has done so on many occasions previously, David<br />

provided a very helpful commentary on where the<br />

world of personal injury is going in relation to costs.<br />

With the forthcoming significant changes ahead of us,<br />

personal injury practitioners who attended this<br />

conference were given the opportunity to get the inside<br />

track on what the changes mean and to learn about the<br />

digitised solutions and opportunities that are emerging<br />

already. Next year’s conference will be exciting as these<br />

things start to drop into place. Don’t miss it!<br />

Kirsty McKno<br />

Conference Chair<br />

<strong>Liverpool</strong> Mombasa Access to Justice Charity update<br />

I am writing to advise members of the formal closure of the Mombasa Access to Justice<br />

Project. This was an initiative which began following a visit to Kenya by members of our<br />

General Committee when Anne Heseltine was President. This had the potential be a<br />

significant venture as we developed a relationship with Mombasa <strong>Law</strong> Society as we sought<br />

to provide legal representation for those without the means to pay for it. There was a<br />

particular emphasis on the criminal justice system where many young defendants simply<br />

became lost in the system.<br />

The project began to unravel due to lack of support and co-operation from Mombasa <strong>Law</strong><br />

Society. Without their support the project was simply not viable.<br />

Members of <strong>Liverpool</strong> <strong>Law</strong> Society showed great support and from various activities, raised<br />

just over £9000. The money raised was passed over to CLEAR, a project run by the <strong>Law</strong>yers<br />

Christian Fellowship which pursued similar aims.<br />

Everybody involved would like to pass on thanks to all members of the Society for their<br />

support.<br />

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Steve Cornforth<br />

Trustee<br />

www.liverpoollawsociety.org.uk<br />

13


Explore <strong>Law</strong><br />

Explore <strong>Law</strong> <strong>Liverpool</strong> Event<br />

Over 35 students from schools<br />

across the Merseyside area<br />

were released from their<br />

studies on Monday 26th June<br />

to take part in an “Explore<br />

<strong>Law</strong>” event run jointly by the<br />

University of <strong>Law</strong>, <strong>Liverpool</strong><br />

Hope University and<br />

<strong>Liverpool</strong> <strong>Law</strong> Society.<br />

Explore <strong>Law</strong> <strong>Liverpool</strong> was<br />

hosted on the extremely<br />

picturesque Creative Campus<br />

at <strong>Liverpool</strong> Hope University<br />

and provided attendees with a<br />

unique opportunity to visit a<br />

bustling university campus.<br />

The event itself was the<br />

brainchild of staff at the<br />

University of <strong>Law</strong>, who<br />

wanted to give students a<br />

chance to discover more about<br />

the skills and knowledge of the<br />

law as well as what a career in<br />

the legal sector would entail<br />

on a day to day basis.<br />

President of <strong>Liverpool</strong> <strong>Law</strong><br />

Society, John Ballam, kicked<br />

off the event - inspiring<br />

students with stories from his<br />

extensive legal career, he<br />

provided a unique insight into<br />

what a career in the legal<br />

sector might be like. The<br />

University of <strong>Law</strong>’s Tracy<br />

Savage piqued the student’s<br />

interest further with an<br />

interactive session around how<br />

law fits into the world around<br />

us.<br />

<strong>Law</strong> tutors from the University<br />

of <strong>Law</strong> and <strong>Liverpool</strong> Hope<br />

University were then on hand<br />

to deliver some stimulating<br />

taster workshops on various<br />

areas of law, including:<br />

consumer rights, legal rules<br />

and intellectual property.<br />

These tasters proved<br />

extremely popular with one<br />

student remarking that they<br />

“hadn’t realised they could<br />

claim back postage and<br />

packaging on their online<br />

orders!”<br />

Following these sessions the<br />

student recruitment team<br />

provided a practical insight<br />

into careers in the legal sector<br />

and the potential routes into<br />

the profession. Students were<br />

particularly interested to find<br />

out about the current routes to<br />

qualification as well as the<br />

option of legal<br />

apprenticeships, which was<br />

something they weren’t aware<br />

of before the event.<br />

A legal Q&A panel brought<br />

the event to a close, this was a<br />

particularly important session<br />

for the students as it gave them<br />

an opportunity to really pick<br />

the brains of all of the staff<br />

taking part in the day and to<br />

pick up some extremely<br />

valuable advice about their<br />

next steps.<br />

Overall the event was a great<br />

success and really gave the<br />

students an opportunity to<br />

“Explore <strong>Law</strong>” in a fun and<br />

exciting way.<br />

John Ballam speaking to the students<br />

John Ballam and David Tournafond<br />

Need an expert in medical<br />

or dental negligence?<br />

Refer to us. City : Allerton : Garston<br />

14 www.liverpoollawsociety.org.uk<br />

0151 733 3353<br />

www.gadllp.co.uk


Professionals’ Dinner<br />

‘We live in a scary world’ leading broadcaster<br />

Robert Peston tells <strong>Liverpool</strong> audience<br />

On 6th July nearly 400 members of the regional professional and<br />

business sector gathered together at the Rum Warehouse at a black<br />

tie networking Professionals’ Dinner organised by Professional<br />

<strong>Liverpool</strong> and the <strong>Liverpool</strong> Society of Chartered Accountants.<br />

Over 190 firms and organisations were represented at the event,<br />

allowing for people to renew existing contacts and make new<br />

ones.<br />

“We are living in a world much scarier and more uncertain than that<br />

of a decade ago when the global financial crash began.” That was<br />

what ITV political editor Robert Peston told an audience of<br />

hundreds of professionals and business people at <strong>Liverpool</strong>’s Titanic<br />

Hotel Tony McDonough reports. He admitted that the current<br />

political turmoil, both in the UK and across the world, had caused<br />

aa period of “extraordinary uncertainty”.<br />

Global turmoil<br />

Peston told the audience that the results of the EU Referendum, the<br />

US Presidential Election and the recent General Election had<br />

shaken the political and media establishment to its core. And he<br />

added how this underlying seismic shift in public attitudes and<br />

behaviour had illustrated just how “catastrophically out of touch”<br />

most of the media is. “This period is, for me at least, much, much,<br />

scarier than the financial crisis of 2007 and 2008,” said Peston.<br />

“The problem with where we are now is just the extraordinary<br />

uncertainty that we are living in. It is an uncertainty that is gripping<br />

almost the whole Western world. “And the reason for that is us – it<br />

is because people are behaving in ways we didn’t expect them to<br />

behave.<br />

“People are broadly saying that they are fed up with the way the<br />

world has been run for the past 10 or 20 years and fed up with the<br />

people who have been running that world. And there is a revolt<br />

going on.”<br />

Voter power<br />

However, Peston appeared to suggest that recent events had<br />

reaffirmed the true power of democracy by pointing out the huge<br />

changes taking place were happening because of the way people<br />

were voting in elections.<br />

He explained: “People are protesting through the ballot box and<br />

when you protest through the ballot box that is significantly more<br />

powerful than the kind of things we saw after the financial crisis –<br />

demonstrations, protests on the streets which, in the end, don’t<br />

Roy Castle Appeal<br />

Nominated charity for the event was the <strong>Liverpool</strong>-based Roy Castle<br />

Lung Cancer Foundation. Peston’s wife, the writer Siân Busby, died<br />

from lung cancer in September 2012 after being diagnosed with the<br />

disease five years earlier. Peston was keen to raise both awareness<br />

and money for the charity on the night.<br />

Levels of funding for research into lung cancer are “very poor” in<br />

comparison for that of other cancers, despite it being the biggest<br />

killer, said Peston. “It is because there is a stigma attached to it –<br />

which is you only get it if you smoke,” he explained. “The other<br />

myth is that you only get it if you are old but it’s all nonsense. My<br />

wife was 47 when she was diagnosed and I have known lots of<br />

people younger than her. “The Roy Castle Lung Cancer Foundation<br />

is a unique charity and I urge you all to give what you can to<br />

support it.” Over £5000 was raised on the night.<br />

change very much. “When people voted for Brexit, when they voted<br />

for Donald Trump, these were huge, powerful, some would say,<br />

quite scary changes. “And my argument is that we are at the<br />

beginning of this process of change.<br />

“When the exit poll landed at this year’s General Election it was a<br />

jaw-dropping moment,” said Peston. “Both Labour and Tory high<br />

command expected the Tories to win a a 50 to 60-seat majority.”<br />

CISI and Professional <strong>Liverpool</strong> will begin work on putting together<br />

2018’s Professionals Dinner shortly - in what has become an annual<br />

fixture in the <strong>Liverpool</strong> City Region’s business calendar.<br />

With thanks to Tony McDonough for allowing the Society to<br />

reproduce part of his article here.<br />

www.liverpoollawsociety.org.uk<br />

15


Local News<br />

Joint V meeting with the <strong>Law</strong> Society<br />

Following on from the Joint V meeting in<br />

Leeds and as a sign of the high regard in<br />

which that group is held by the National<br />

<strong>Law</strong> Society, representatives from each of<br />

the societies were invited to meet with<br />

the newly elevated President, Joe Egan at<br />

Chancery Lane. Alison Lobb and I<br />

represented <strong>Liverpool</strong> and were invited to<br />

discuss matters of concern to both TLS<br />

and local law societies and how we can<br />

work together for the benefit of all of our<br />

members.<br />

Our first meeting was with TLS Director of<br />

Public Affairs. This is TLS’ main lobbying<br />

team and they are currently working<br />

closely with the MOJ and the Brexit Team<br />

to put forward the priorities for the legal<br />

sector. The four priorities are: mutual<br />

cooperation and enforcement of<br />

judgments, collaboration on security,<br />

policing and criminal justice; mutual access<br />

to practice rights; and legal certainty by<br />

keeping England as the law and jurisdiction<br />

of choice for most contracts.<br />

The Director of Communications reported<br />

on the improvements that are being made<br />

to member communications. He<br />

encouraged all members to register and use<br />

“My <strong>Law</strong> Society” to get information and<br />

updates relevant to their practice area.<br />

There was a lively discussion with the<br />

Director of Regulatory Affairs regarding<br />

reform of the SRA Handbook,<br />

transparency on pricing and the SQE<br />

amongst other things. We were reassured<br />

that TLS Is working for us to tackle some<br />

of the issues raised by the SRA, but we still<br />

need to make sure we respond to<br />

consultations as fully as possible. The<br />

Interim Chief Executive, Paul Tennant also<br />

addressed us on his priorities for members<br />

and the fact that following the governance<br />

review TLS is focussed on making sure that<br />

it provides value for money to its members.<br />

Following the meetings we were invited to<br />

dinner at the president’s residence in Carey<br />

Street with Joe Egan and the new Vice<br />

President, Christina Blacklaws and the<br />

Deputy Vice President, Simon Davis where<br />

the debate continued. It is good to be able<br />

to forge stronger relationships both with the<br />

Joint V and the national <strong>Law</strong> Society office<br />

holders to impress <strong>Liverpool</strong>’s view and<br />

continue to have an impact on behalf of<br />

our own members at a national level. TLS<br />

is keen to build a stronger network outside<br />

of London so that it can better cater for us<br />

and our priorities. We hope that will<br />

continue and we are of course open to hear<br />

of any priorities that you would like to<br />

raise in future.<br />

Nina Ferris<br />

Legal Director<br />

Hill Dickinson<br />

Sandstone Trail Walk –<br />

Saturday, 16th September <strong>2017</strong><br />

Members of <strong>Liverpool</strong> <strong>Law</strong> Society, their<br />

friends and family, are invited to join Cheshire<br />

& North Wales <strong>Law</strong> Society for this now<br />

annual event.<br />

Ron Davison, President of the Cheshire &<br />

North Wales <strong>Law</strong> Society will be leading<br />

members from his own law society and<br />

<strong>Liverpool</strong> <strong>Law</strong> Society on a walk around the<br />

Sandstone Trail, Cheshire.<br />

The Sandstone Trail stretches for 34 miles (or<br />

55 kilometres) and offers superb, unbroken,<br />

and often elevated walking across the Cheshire<br />

plains and into Shropshire — from the ancient<br />

market town of Frodsham on the broad<br />

Mersey estuary in the north to Georgian<br />

Whitchurch in rural north Shropshire in the<br />

south.<br />

The joint Walks organised in alternate years<br />

by each of the two Societies, usually take the<br />

form of a 5-7 mile walk followed by an<br />

optional meal in a nearby pub and is a great<br />

way of meeting up with friends and<br />

colleagues, both old and new, in a relaxed<br />

atmosphere.<br />

Further details will follow. For enquiries,<br />

please email Ron.Davison@gamlins.co.uk<br />

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16 www.liverpoollawsociety.org.uk


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I took up golf 8 years ago inspired<br />

by the quote of the great golfer and<br />

Hoylake Open winner, Tiger Woods<br />

who ironically said: “Achievement<br />

on the golf course is not what<br />

matters, decency and honesty are<br />

what matters”. A perfect sport for a<br />

<strong>Liverpool</strong> lawyer.<br />

Lifestyle<br />

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They Call it Golf because all other 4<br />

letter words were taken<br />

I now have the honor to be the<br />

Captain of The <strong>Liverpool</strong> <strong>Law</strong><br />

Golfing Society (“LLGS”) which<br />

having been established in 1895 could<br />

make me the 122 captain. This<br />

achievement was not earned on the<br />

golf course (I play off a 21 handicap)<br />

but was awarded to me in the true<br />

tradition of the game from the<br />

committee room in the Lion Pub on<br />

Tithebarn Street where I was<br />

nominated by a select group of past<br />

captains over a few G & T’s.<br />

I held my Captain’s day at Heswall<br />

Golf Club on Wednesday 7th June<br />

<strong>2017</strong>. All solicitors and barristers<br />

practicing in the Merseyside area<br />

were welcome to take part in the<br />

competition and 18 solicitors and 1<br />

QC did. The competition was fierce<br />

on a sunnyish day with high winds<br />

(my excuse for not winning) on the<br />

Wirral coastline. The worthy winners<br />

were:<br />

1. Cunliffe Cup (which is awarded to<br />

the golfer with the best Stableford<br />

score) - John Hulmes (for the 3rd<br />

time, although he does not get to<br />

keep the antique cup for more than a<br />

year) of Mersey Maritime and the<br />

Royal <strong>Liverpool</strong> Golf Club, off a<br />

handicap of 19 and scoring 38 points.<br />

2. The Harold Christian Jones<br />

Scratch Cup (which is awarded for<br />

the best scratch score) - Val Duggins<br />

of Valentine Duggins and the Royal<br />

<strong>Liverpool</strong> Golf Club (he is a former<br />

member of Wirral Golf Club, where<br />

I play) playing off a handicap of 6<br />

and scoring a gross score of 79.<br />

3. The Jack Rycroft Tankard (which<br />

is awarded for the best Stableford<br />

score for handicaps between 18 and<br />

24) - Phil Freckleton of Mark Jones<br />

and Partners. He played off a<br />

handicap of 20 and scored 37 points.<br />

Following the post-match dinner<br />

(definitely my sport), I made a speech<br />

(my first to the <strong>Liverpool</strong> <strong>Law</strong><br />

Society since the Awards Ceremony<br />

of 2013, when I announced my<br />

change of firm), but with no such<br />

surprises this time for the audience,<br />

to the relief of my business partners.<br />

I was able to thank Brian <strong>Law</strong>ler of<br />

Morecrofts for his hard work in<br />

organizing the event and doing a<br />

wonderful job as secretary of the society. I confirm<br />

that fortunately he has agreed to retain the role for<br />

at least another year.<br />

Who ever said golf was a dying sport was wrong.<br />

Amongst the competitors were solicitors who were<br />

under 35. Golf unlike most other sports, is a sport<br />

where experience and handicaps do make it open<br />

for all competitors.<br />

The LLGS competed on the 3 July <strong>2017</strong> at<br />

Ormskirk Golf Club against the CPS in a head to<br />

head stableford competition. I was concerned about<br />

this match, as my wife being a <strong>Liverpool</strong> Crown<br />

Prosecutor could have teased me in the event of<br />

failure. I am pleased to confirm that the LLGS<br />

retained the “imaginary” trophy providing me with<br />

an achievement in my Captain’s year and a rare<br />

opportunity to impress my wife. The best score of<br />

the day went to Brain, the LLGS secretary, who<br />

kindly donated his prize to charity.<br />

The LLGS provides a unique opportunity for local<br />

lawyers to socialize in a sporting environment with<br />

other local lawyers outside the often difficult<br />

situations of the office, court or negotiating table.<br />

Those who attended the events so far had a<br />

fabulous time.<br />

On Sunday 10 September <strong>2017</strong> at Wirral Golf Club<br />

in Oxton the LLGS is resurrecting the 2 ball /<br />

better ball competition for the winning team to win<br />

a historic Cup. Teams of two’s can be lawyers from<br />

Merseyside from the same firm or organization (as<br />

part of an interfirm challenge) or can join as<br />

individuals and be paired up on the day. The cost is<br />

£40 per person to include lunch which will be<br />

served at 12.30pm with the first tee off time at<br />

2pm. It is a short course (4,500 yards) and so<br />

proceedings should finish by 5.30ish although the<br />

bar will remain open for all those wishing to<br />

properly rehydrate. To enter please contact Brian at<br />

“Bl@morecrofts.co.uk”<br />

I end on a tip for us all from the great Irish golfer<br />

Rory Mcllroy:<br />

”The great thing about my two lives is that I love<br />

them both. I’m very ambitious and nothing gets in<br />

the way of me practising and concentrating on<br />

winning golf tournaments. But then I go home and<br />

get back to normality.”<br />

Cheerio.<br />

Jonathan Berkson.


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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 />

.<br />

Registered in England and Wales No. 3623950<br />

Legal Indemnity Insurance<br />

www.liverpoollawsociety.org.uk<br />

19


Council Member’s Report<br />

Council Member’s Report<br />

The latest news from Charlie Jones, Council Member for Merseyside<br />

Since I last provided a Council<br />

Members report I have been to<br />

Chancery Lane for a Membership<br />

Board meeting, an<br />

Implementation Board meeting,<br />

Civil Justice Committee meeting<br />

and a Council meeting for a day<br />

and a half. It has been a busy<br />

time and there is a lot going on.<br />

We now have a new President.<br />

Joe Egan, a Solicitor from Bolton,<br />

and Senior Partner of his own<br />

firm Joe Egan and Co. Joe took<br />

office as President of the <strong>Law</strong><br />

Society of England and Wales on<br />

6 July. It is refreshing to have<br />

somebody from outside London/<br />

the South East, for a change, and<br />

Joe is an avid North Westerner,<br />

and Bolton Wanderers fan to the<br />

hilt. Joe will cast his own imprint<br />

on the profession and you will see<br />

and hear of him during the next<br />

11 ½ months. You will have seen<br />

many quotes from him already in<br />

the legal press. I wish Joe luck.<br />

He is a considerable character, and<br />

I feel sure he will serve our<br />

profession well, and with<br />

distinction.<br />

One of his aims is to establish a<br />

local <strong>Law</strong> Society handbook<br />

guide, so that local <strong>Law</strong> Societies<br />

can learn from each other on an<br />

ongoing basis. This will be work<br />

carried out most likely by the<br />

Membership Board, of which I<br />

am a member. I look forward to<br />

putting that handbook together. I<br />

should add that Joe Egan is very<br />

much a local <strong>Law</strong> Society person.<br />

He was one of the driving forces<br />

behind the early days of the local<br />

<strong>Law</strong> Society Conference, and<br />

indeed hosted it in Bolton a few<br />

years ago. He understands how<br />

local <strong>Law</strong> Societies can contribute<br />

nationally and need to be heard,<br />

and understood.<br />

In the past I may have mentioned<br />

the work of Committees at<br />

Chancery Lane. By this I mean<br />

the specialist work type<br />

committees who do a lot of work,<br />

are extremely skilled, and bring a<br />

20 www.liverpoollawsociety.org.uk<br />

lot to the understanding,<br />

promotion and skill set of specific<br />

work types. There are vacancies<br />

on these committees. You can take<br />

part. You do not need to be a<br />

council member to sit on specialist<br />

committees. Indeed, non council<br />

member’s involvement is<br />

encouraged. You can find out<br />

about specialist committees by<br />

looking at the <strong>Law</strong> Society website<br />

or if you want please contact me.<br />

I urge you to consider getting<br />

involved.<br />

Recently, the specialist committees<br />

were described as the<br />

professionals, whilst council<br />

members are the amateurs. In<br />

some respects, they are where the<br />

real work of Chancery Lane is<br />

done for the good of the<br />

profession.<br />

Congratulations are due to Peter<br />

Wright, who is a council member<br />

for Yorkshire. He and a team<br />

entered a competition at the<br />

beginning of July, to attempt to<br />

create an online justice tools<br />

mechanism from scratch.<br />

Computer programmers and legal<br />

experts joined forces, and teams<br />

from law firms, universities, and<br />

technology companies had less<br />

than 24 hours to design and build<br />

IT tools to support online courts.<br />

It was dubbed the ‘Hackathon’,<br />

and was organised by Legal Geek<br />

driving force Professor Richard<br />

Susskind. Hosted by The<br />

University of <strong>Law</strong>, the <strong>Law</strong><br />

Society team won. The team was<br />

headed up by Peter Wright, Chair<br />

of the Society’s Technology and<br />

<strong>Law</strong> Reference Group and Sophia<br />

Adams Bhatti, Director of Legal<br />

and Regulatory Policy. A great<br />

achievement. It just shows that<br />

lawyers are right up there when it<br />

comes to IT pioneering. Well<br />

done to Peter and Sophia and their<br />

team. You will hear from Peter<br />

elsewhere in this edition.<br />

Good news for all is that the<br />

Practicing Certificate fee has<br />

reduced this year. Unfortunately<br />

the Compensation Fund<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

contribution has increased, and we<br />

are told that this is because many<br />

claims in the future are expected<br />

in relation to investment fraud,<br />

and these claims will crystallise<br />

within the next few years. There<br />

needs to be a fund to meet them.<br />

We are also told that there are<br />

now less people contributing to<br />

the Compensation Fund which is<br />

why it has had to be increased<br />

slightly.<br />

I am attending a Membership<br />

Board Away Day on 9 <strong>Aug</strong>ust.<br />

We will be discussing all things<br />

that focus upon you, the<br />

Membership. If you have any<br />

specific topics that you think we<br />

should discuss please let me know<br />

so that I can bring them up.<br />

It is interesting that there is a<br />

move afoot in Poland to bring the<br />

Judiciary under the direct control<br />

of the Government. Such a move<br />

is of course outrageous, and an<br />

independent Judiciary is a<br />

fundamental aspect in any society<br />

to observing and maintaining The<br />

Rule of <strong>Law</strong>. It is interesting,<br />

therefore, to see that our new Lord<br />

Chancellor David Lidington is<br />

attempting to woo the Judiciary in<br />

this country. Let us hope he is not<br />

trying to influence the Judiciary!<br />

The <strong>Law</strong> Society are moving<br />

forward with the governance<br />

review. Progress is being made. I<br />

will keep you advised when there<br />

is more concrete information to<br />

report.<br />

Of course with Joe Egan taking<br />

the Presidency on 6 July, it meant<br />

the end of Robert Bourns’ period<br />

of office. I think we should all<br />

congratulate Robert on an<br />

excellent year. I think he has led<br />

the profession with distinction.<br />

He has stood up for us, fostered<br />

relations with the Judiciary and<br />

Government, and stood up to the<br />

SRA. I think our profession is in<br />

a healthier place than it was 12<br />

months ago when he assumed<br />

office.<br />

It is always sad when we lose a<br />

<br />

colleague. Since I last reported we<br />

have lost former President Bernie<br />

Wright. A considerable character,<br />

and a formidable past President.<br />

Although I did not know Bernie<br />

well, I enjoyed his wit and sense<br />

of fun at Past President<br />

gatherings. My condolences to his<br />

family.<br />

Professor Rex Makin has also<br />

passed away. It fell to me in 2009,<br />

when I was President, to present<br />

him, on behalf of <strong>Liverpool</strong> <strong>Law</strong><br />

Society, a Lifetime Achievement<br />

Award. As a young defendant<br />

lawyers in the 1980s and 90s he<br />

kept us on our toes. He, too, will<br />

be missed. I extend condolences to<br />

Robin and his family.<br />

As ever, if you have anything you<br />

want to discuss with me, I am<br />

always available. Indeed, I<br />

welcome your comments,<br />

observations, complaints,<br />

criticisms and anything else you<br />

care to shove in my direction!<br />

Have a good summer.<br />

Charlie Jones<br />

Weightmans LLP.<br />

Co Council Member for<br />

Merseyside and District<br />

0151 242 7919<br />

Charlie.jones@weightmans.com


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Management Matters<br />

Should Contract Risk be higher up your<br />

<strong>Law</strong> Firm’s agenda?<br />

Like beauty, risk is in the eye of the beholder. A key business<br />

decision can be seen through one person’s eyes as a clever<br />

entrepreneurial market move and, through another’s, as a reckless<br />

bet-the-house punt. It also depends on the point in time at which<br />

you view a decision. As Evel Knievel put it: “Anybody can jump a<br />

motorbike. The trouble starts when you try to land it.”<br />

Most business decisions end up being codified in some form of<br />

contract. This might be a simple letter with limited future<br />

consequences, such as buying stationery or booking a conference<br />

room. Or it might be a more complex document with long-term and<br />

significant consequences for the future, such as a strategic<br />

partnership with a key business introducer or the procurement of a<br />

new practice management system. Whilst both have contract risks,<br />

the failure of a stationery supply contract may result in nothing<br />

more than an inconvenience whereas the failure of a strategic<br />

partnership may completely disrupt the firm’s day to day operations<br />

or even impact the firm’s future value.<br />

any other parties and challenge them, as appropriate.<br />

RISK 5 - BEST OR REASONABLE ENDEAVOURS If a contract<br />

requires you to use your best or reasonable endeavours to perform<br />

an obligation, this is better than an unconditional undertaking to do<br />

something but it’s far from a slacker’s charter. Make sure you know<br />

what’s involved.<br />

RISK 6 - TIME OF THE ESSENCE If a contract makes time of<br />

the essence for the performance of any obligation on your part by a<br />

certain date or time, failure to meet the deadline will enable your<br />

counter-party to terminate the contract and potentially claim<br />

damages from you. Be alert to these deadlines and be sure you can<br />

hit them.<br />

RISK 6 - TERMINATION Understand the circumstances in which<br />

the contract may be terminated and what the consequences are likely<br />

to be.<br />

The contract price is irrelevant as risk can lurk in unlikely places. A<br />

back-of-a-fag-packet contract with a decorator which limits the<br />

decorator’s liability to £200 (because that’s what you’ve agreed to<br />

pay him) may seem innocuous enough. But if the decorator’s blowtorch<br />

accidentally sets fire to your offices, and your insurers discover<br />

that, by accepting the limitation of liability, you’ve waived their right<br />

of subrogation against the decorator’s insurers, they will not be<br />

happy bunnies. When you then discover your insurers are walking<br />

away from your fire damage claim because you failed to disclose this<br />

important contract limitation, you’re likely to be hopping too.<br />

So, do we give our business contracts the attention they deserve?<br />

With things like staff contracts and office leases, the answer is<br />

almost certainly yes. But what about confidentiality agreements,<br />

hosting agreements, introducer agreements and insurance broker<br />

appointments? I dare say most of us would rather study Lord<br />

Buckethead’s Election Manifesto.<br />

What then are the main contract risks? Leaving aside the<br />

commercial terms (the product or service description and the<br />

delivery and payment arrangements), here are our TOP TEN<br />

CONTRACT RISKS to look out for when someone pokes a<br />

contract in front of you for signature:<br />

RISK 7 - WARRANTIES & INDEMNITIES Make sure you know<br />

what, if any, contractual warranties and indemnities you are being<br />

asked to give and satisfy yourself that you can meet them. Flag them<br />

up to your insurance advisers if they are likely to impact your<br />

insurance arrangements as insurers don’t generally cover liabilities<br />

assumed under contract.<br />

RISK 8 - INSURANCE CLAUSES It is increasingly common to<br />

see clauses imposing insuring obligation on one or other party,<br />

particularly where services are being outsourced. Make sure you<br />

spot them and seek advice on them from your insurance advisers.<br />

RISK 9 - CONFIDENTIALITY & DATA PROTECTION Where<br />

a contract involves you sharing data with a counter-party, be alert to<br />

any confidentiality obligations you have and ensure that both you<br />

and your counter-party can comply with data protection regulations.<br />

RISK 10 - ENTIRE AGREEMENT And finally, most contracts<br />

contain an entire agreement clause so if your counter-party has<br />

agreed or assured you of something, stick it in the contract.<br />

RISK 1 - PARTIES This may sound painfully obvious, but it is<br />

fundamental that the contract is with the right counter-party, that the<br />

signatories have capacity and authority to form the contract with<br />

you and that you have carried out an adequate level of financial and<br />

reputational due diligence on the entity with which you are about to<br />

contract.<br />

RISK 2 - REGULATION You don’t need reminding that the legal<br />

sector is heavily regulated. It is critical that the form of any contract<br />

you are about to enter into is not prohibited by your regulator and<br />

that the contract does not oblige you to do or omit to do anything<br />

which could cause you to be in breach of your regulatory obligations<br />

going forward.<br />

RISK 3 - LIMITATIONS AND EXCLUSIONS Keep your eyes<br />

peeled for any unreasonable attempts by your counter-party to limit<br />

or exclude their contractual or other liabilities to you. If you do spot<br />

any, try to amend them or at least understand the implications. If<br />

any are likely to impact your insurance arrangements, seek advice<br />

from your insurance broker on securing your insurers’ approval.<br />

Conversely, check your own obligations to the counter-party to see if<br />

you need to limit or exclude your liability to them in any way.<br />

RISK 4 - TRADING RESTRICTIONS Watch out for any<br />

provisions seeking to restrict or limit your ability to trade freely with<br />

© Nigel Wallis, O’Connors LLP. O’Connors is a <strong>Liverpool</strong> and<br />

London-based law firm that advises all types of businesses<br />

operating in and around the legal sector on start-ups, structures,<br />

regulation, funding, mergers, acquisitions and disposals, contracts<br />

and insurance. O’Connors offers a fixed-price half-day session<br />

with its legal sector team for those law firm leaders wanting to<br />

firm up their strategic options. The firm also offers a fixed-price<br />

COLP support contract. For further information, please contact<br />

Pamela Rafiq, Mark O’Connor or Nigel Wallis via<br />

www.oconnorsllp.co.uk.


Review<br />

The Everyman Theatre<br />

Review by Glenys Hunt<br />

The Everyman Theatre in Hope Street is<br />

an iconic building on a historic <strong>Liverpool</strong><br />

street. As you may remember, in 2014 the<br />

re-built Everyman won the Stirling Prize<br />

for the best building of the year from the<br />

Royal Institute of British Architects. It is a<br />

theatre in the round, and in some<br />

performances the audience almost feel it is<br />

part of the cast (especially the annual<br />

pantos, in which the audience get soaked<br />

with water). Despite this one of my<br />

friends, who has spent most of her adult<br />

life in <strong>Liverpool</strong>, had never been to a<br />

performance there. This was a good year<br />

to introduce her to the theatre, as from<br />

January to June there was a resident<br />

Repertory company consisting of 14 cast<br />

members who performed 5 different plays<br />

over the 6 months. I went to 2 of the<br />

plays, which were very contrasting<br />

productions.<br />

The first was The Sum. This was a new,<br />

contemporary musical by local singersongwriter,<br />

Lizzie Nunnery. It had a lot of<br />

political content and was quite dark in<br />

places, involving issues of redundancy,<br />

family breakdown and dementia. Despite<br />

that it had an upbeat, hopeful ending. The<br />

cast were enthusiastic, both the acting and<br />

the singing were brilliant. I would also<br />

comment on how well Lizzie combined<br />

her songs with the storyline.<br />

The second was the classical musical,<br />

Fiddler on the Roof. This is not a<br />

production I had seen live before but again<br />

the cast performed with style and vigour.<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<br />

of a movie, gig, festival, book,<br />

concert, play, album or favourite box<br />

set and each month one will be<br />

rewarded with their choice of a bottle<br />

of prosecco, red or white wine, very<br />

kindly supplied by R&H Fine Wines<br />

of 12 Queen Ave (just off Castle<br />

Street) <strong>Liverpool</strong>.<br />

Please give it a go!<br />

Send your entries to<br />

editor@liverpoollawsociety.org.uk<br />

And here is Carol Maginn collecting<br />

her bottle of wine from R & H Fine<br />

Wines after her review of Red<br />

Turtle was published in the July<br />

edition of <strong>Liverpool</strong> <strong>Law</strong>.<br />

This also dealt with dark themes, of ant-<br />

Semitism and the Diaspora, but managed<br />

to be light-hearted and entertaining, and<br />

contained some foot-tapping musical<br />

numbers, which are easily recognisable<br />

(main example ‘If I were a Rich Man’). I<br />

was amazed at the way the cast could<br />

dance and run around the stage and sing<br />

at the same time.<br />

It is also impressive (in both productions)<br />

how the cast manage to deftly move<br />

around the props and scenery without<br />

interrupting the flow of the action. I was<br />

particularly struck by the way one actress<br />

in The Sum managed to change a duvet<br />

cover in 2 minutes flat, while singing.<br />

Altogether great experiences in a lovely<br />

theatre with a talented, versatile cast. If<br />

you, like my friend, have never<br />

experienced the Everyman I would<br />

heartily recommend it – but if you choose<br />

to go to the panto, take an umbrella with<br />

you.


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 us 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 us know<br />

and we will feature the opportunities<br />

on these pages. You can e-mail us at<br />

contactus@liverpoollawsociety.org.uk<br />

Kirwans lawyer inspired to fundraise after<br />

representing homeless clients<br />

A <strong>Liverpool</strong> lawyer is taking part in four fundraising triathlons<br />

this summer to raise money for homeless shelter The Whitechapel<br />

Centre, after being moved by the plight of some service users<br />

when she represented them in court.<br />

Rachel Chandler, a member of the Crime team at Kirwans, hasn’t<br />

entered a competitive sporting contest since she left school, but was<br />

determined to raise money for one of the firm’s charities of the year<br />

after seeing first-hand the vital service it provides.<br />

Rachel said: “Being in criminal law opens your eyes to what is going<br />

on around you. I have worked with some clients who have been<br />

affected by homelessness, and it has really opened my eyes to the<br />

many varied reasons people end up on the streets.<br />

“Some of my clients have previously worked in highly paid<br />

professions, and a change in circumstances has led to them losing<br />

everything and ending up on the streets. It really could happen to<br />

anyone.<br />

“The amazing work that the Whitechapel Centre does in helping<br />

support these people led to Kirwans choosing it as one of our<br />

named charities this year, and it was a driving factor in my decision<br />

to do the quadruple triathlon challenge.”<br />

As well as fundraising for the Whitechapel Centre, Rachel is also<br />

raising money for another Kirwans charity of the year - Overseas<br />

Aid for the Kids of Sierra Leone (OAKS). OAKS is a small Wirralbased<br />

charity which has built a school in Bo, Sierra Leone, that<br />

currently educates 380 children.<br />

In her drive to raise much-needed funds for these two organisations,<br />

Rachel has already taken part in her first two triathlons of the year,<br />

and will compete in the Chester Deva Divas Triathlon and the<br />

Salford triathlon in July.<br />

Charlotte Hopkins, events and community fundraiser at the<br />

Whitechapel Centre said: “Rachel’s Triathlon Challenge is incredibly<br />

inspiring. To complete one triathlon is hard enough, let alone four.<br />

It’s wonderful that Rachel is supporting The Whitechapel Centre<br />

and the money that she raises will be a big help in our mission to<br />

end homelessness. We’d like to thank her for all of her hard work<br />

and wish her the best of luck.”<br />

Sarah Birchall, Kirwans practice director said: “The entire Kirwans<br />

team is incredibly proud of Rachel and her efforts to support our<br />

goal to raise money for these vital causes. We are also in awe of her<br />

bravery at setting herself such a challenge; to complete one triathlon<br />

is an achievement in itself, but to participate in four is an incredible<br />

achievement. We wish her luck as she continues with her summer<br />

triathlon challenge.”<br />

24 www.liverpoollawsociety.org.uk<br />

Open every day of the year, The Whitechapel Centre aims to be<br />

there for those people facing homelessness in <strong>Liverpool</strong> to help them<br />

resolve their situation as quickly as possible. This includes daily<br />

services for rough sleepers, expert housing and benefit advice and<br />

health and wellbeing support. The charity also provides learning and<br />

education activities so that people can gain valuable life skills to help<br />

them maintain a home, and their independence, such as budgeting,<br />

managing their health, smarter food shopping and cooking.<br />

Poor mental health, relationship breakdowns, bereavement, job loss,<br />

physical health problems, debt and loss of income are all catalysts<br />

for homelessness.<br />

Last year The Whitechapel Centre worked with 2,814 people. They<br />

helped prevent 955 people from becoming homeless and helped<br />

1,321 people to access suitable accommodation, ending their<br />

homelessness.<br />

With help from the public who contact the No Second Night Out<br />

phone line managed by The Whitechapel Centre, the charity’s<br />

response to rough sleeping, which includes an outreach team who<br />

are on the street every day, meant that 99% did not spend a second<br />

night out.”


Charity and CSR<br />

Becky Hughes from Weightmans is in the<br />

dog house!<br />

On <strong>Aug</strong>ust 12th,Becky Hughes from Weightmans will<br />

be spending 24 hours in a dog kennel at Merseyside<br />

Dogs Home to help raise vital funds for them to<br />

continue their amazing work in caring for and<br />

rehoming the lost, stray and abandoned dogs of<br />

Merseyside. Becky will spend an entire day and night<br />

living like a homeless dog in one of Merseyside Dogs<br />

Home’s kennels. Locked in the outdoor kennel and<br />

only allowed out to use the toilet, Becky will even eat<br />

and sleep in the kennel, her ‘home’ for 24 hours, to<br />

experience what life at the shelter is like for the thousands of dogs who end up<br />

there every year.<br />

At any one time, Merseyside Dogs Home will have sixty dogs in kennels and<br />

around 35 ready to go into new homes. All dogs are Vet checked, flead, wormed,<br />

inoculated. When they are rehomed, they have four weeks free insurance, are<br />

neutered, temperament tested and microchipped for free.<br />

Each year over 3,000 lost dogs are found in Merseyside, many simply lost from a<br />

good home. Over 2,000 eventually do find their way home. By law a dog owner<br />

should have a collar and tag on their dog, along with a microchip this helps to<br />

return dogs home as safely and quickly as possible.<br />

Those lost dogs that are not claimed are then sent to rehoming centres such as<br />

Merseyside Dogs Home. They received 700 lost dogs last year from the<br />

Merseyside region that we found new homes for.<br />

Becky has set a fundraising target of £500 and is getting very close to achieving<br />

her goal.<br />

Enjoy Rock ‘n’ Roll Romeo & Juliet in St James Garden in aid of Citizens Advice <strong>Liverpool</strong><br />

Citizens Advice <strong>Liverpool</strong> are organising a play as a fundraising event at 7pm on Thursday, 31 <strong>Aug</strong>ust <strong>2017</strong>. It is Rock and Roll Romeo and<br />

Juliet - a quirky musical take on the classic play using an edited version of Shakespeare's original text. Oddsocks, who are a travelling theatre<br />

company, came last year and did Macbeth, which was a great success and very funny. Food and drink available in the park behind the<br />

Anglican Cathedral at the show or bring your own picnics! Book your tickets now – details on flyer above.<br />

If any law firm or company would like to sponsor the event, please contact Leanne Syers at Citizens Advice leanne@caliverpool.org.uk .<br />

The office number is 0151 522 1401.<br />

<strong>Liverpool</strong> <strong>Law</strong> So<br />

ciety<br />

and<br />

th<br />

e<br />

<strong>Liverpool</strong> <strong>Law</strong> School<br />

Invite you to join us for an evening drinks reception at the<br />

University of <strong>Liverpool</strong> on<br />

T<br />

uesday 10<br />

th Oct<br />

ober<br />

6pm<br />

8pm<br />

to celebrate the start of the new academic and legal year<br />

V enue: School<br />

of t he Arts Library room<br />

115, 23 Aber cr<br />

omby<br />

Squar e L69 7Z<br />

G<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Circuit<br />

The event<br />

is free<br />

of charge: RSVP by<br />

registering y<br />

our attendance here.<br />

For further information please e email:<br />

slsjmret@l<br />

iverpool.ac.uk<br />

www.liverpoollawsociety.org.uk<br />

25


Hackathon<br />

The Online Courts Hackathon<br />

The online Courts Hackathon organised by the Society for Computers<br />

and <strong>Law</strong> and Legal Geek represented a brilliant opportunity to bring<br />

the the innovation and creativity of the UK’s burgeoning tech sector<br />

to bear on one of the thorniest problems of our age for the Legal<br />

Profession. Moving towards delivering justice online presents a major<br />

opportunity and also a major challenge. How do we ensure that the<br />

interests of parties are maintained, that those who are not<br />

comfortable with technology do not feel disadvantaged, that those for<br />

whom English is a second or third language still get the help and<br />

guidance that they need, that parties feel that they are receiving<br />

Justice and the online equivalent of their “day in court” where their<br />

matter is listened to and given due consideration? Balance that with<br />

the aim of improving access to Justice, helping the 9 out of ten people<br />

who have a legal issue or problem but who never get anywhere near a<br />

lawyer or a court for fear of costs, complexity or even just time? A<br />

major issue but one with unlimited potential to deliver access to<br />

justice to those who really need it, and to make legal services<br />

accessible for all.<br />

So the challenge, or rather eight of them formulated by the organisers of<br />

this hackathon, were focused around develop a system to help deliver an<br />

online court that could help with any one or more of Form Filling,<br />

Order Drafting, Online Hearing, Argument building, Outcome<br />

Prediction, Negotiation and settlement, Dispute Classification and<br />

bundles for hearings. Teams were invited to enter and develop a concept<br />

and demonstration for potential systems, all against the clock.<br />

The venue was the University of <strong>Law</strong>, Moorgate, with over 200<br />

competitors forming thirty teams. At fairly short notice, the <strong>Law</strong> Society<br />

had formed a joint team with Wavelength <strong>Law</strong>, and arrived at the<br />

previously “Secret” venue with enough supplies to last the 24 hours of<br />

the hackathon and relieved to see that there was a Tesco Express next<br />

door that would no doubt be relied on heavily by all of the competitors<br />

during the coming endeavours. From 11am competitors began to<br />

assemble, with teams from Oxford & Cambridge University as well as<br />

entries from firms like Pinsent Masons who arrived with a large amount<br />

of specialist IT equipment, Linklaters, Kennedys who arrived with 3<br />

coders that they had flown in from India, and even Australian firm<br />

Gilbert & Tobin who had flown a team in specially from Sydney.<br />

After a briefing from President of the Society of Computers and <strong>Law</strong><br />

Rirchard Susskind, along with comments from the Chief Executive of<br />

Her Majesty’s Court Service, the basis of the 8 challenges were revealed<br />

for the first time. Crucially, while detailing the substance, it was made<br />

clear that teams should not feel limited by each individual challenge. So<br />

if your solution covered several areas of the challenges, such as<br />

delivering an online hearing system that also managed negotiations and<br />

producing bundles for the parties, this was not only permissible but<br />

positively encouraged. So the green flag was in effect waved at 1pm,<br />

with pizzas organised along with a breakfast at 8am before tools were to<br />

be downed at 9am when pitches would commence.<br />

Due to the volume of competitors it would impractical to have 30<br />

pitches in the main hall, so there was a first round with teams split into 3<br />

rooms of ten with their 4 minute pitches screened by judges to whittle it<br />

down to 3 teams from each room, and a final round of 9 teams pitching<br />

for 5 minutes in the main room where the Lord Chief Justice and the<br />

Chief Executive of HMCTS were in attendance.<br />

After some deliberations, the joint <strong>Law</strong> Society/Wavelength team<br />

developed a system put forward by Mark O’Grady, the sole coder on the<br />

team, that operated using the Amazon "Alexa" system, as well as via<br />

mobile App and website, allowing for verbal interaction around a<br />

housing disrepair issue, with a system that listened to the problem, noted<br />

the evidence, drafted a letter to a landlord, kept track of replies and next<br />

steps and made recommendations on going to the Housing<br />

Ombudsman, Court or finding a solicitor where it would recommend a<br />

range of specialists who could handle it for a fixed fee, and a bundle of<br />

evidence was then available to help the solicitor or support court<br />

proceedings. So we covered about 4 of the 8 areas within the challenge.<br />

Furthermore the system was built around helping the user, not<br />

necessarily directing them to Court if it wasn’t the most effective<br />

resolution for them. Indeed, if services could be provided but the matter<br />

kept out of Court while the user is satisfied and has received real<br />

practical help and support, everyone is a winner with the user departing<br />

happily and the Court’s resources being saved.<br />

<strong>Law</strong> Society Director of Legal and Regulatory Policy, Sophia Adams<br />

Bhatti was integral in putting a <strong>Law</strong> Society team together with<br />

Wavelength <strong>Law</strong> at very short notice. She presented both the first round<br />

pitch and the winning pitch excellently, proving to be a polished<br />

unflappable speaker who contributed to a presentation that talked about<br />

people and their problems and how our system could help them, which<br />

seemed to have a positive impact on the judging panel. We progressed<br />

through the first round even though an AV issue meant that the room<br />

could not hear our pre – recorded video of the interaction with Alexa<br />

that had been prepared. However the supportive comments from other<br />

competitors started to raise our hopes, and the final presentation was<br />

seamless, with everyone able to hear COLIN (abbreviation of “Court<br />

On Line”) and the interaction with “Steve”, our hypothetical client. It<br />

was still a surprise though to hear the final words that Wavelength and<br />

the <strong>Law</strong> Society were winners, with the award presented by Lord Chief<br />

Justice Thomas.<br />

Amongst the busy social media traffic afterwards, HMCTS tweeted<br />

about the victory, which was retweeted by Cabinet Secretary and Head<br />

of the Civil Service Sir Jeremy Heywood. Clearly eyes had been focused<br />

on the Hackathon. Now we have to ask if COLIN will become a reality?<br />

Peter Wright<br />

Digital<strong>Law</strong>UK<br />

Wavelength - The <strong>Law</strong> Society team


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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 />

In last month’s edition, I mentioned holiday sickness claims and<br />

investigations by the SRA into a number of firms who have taken on claims<br />

acquired from CMCs through illegitimate means. As holiday season is in<br />

full swing, this issue continues to make the press with the government<br />

proposing to introduce fixed recoverable costs for these cases and a certain<br />

travel company facing criticism from claimant lawyers for writing direct to<br />

claimants warning them of the risks of pursuing a fraudulent claim<br />

notwithstanding that the claimant has instructed a solicitor.<br />

SRA or CLC – chose your regulator<br />

The SRA has recently confirmed that it will change its indemnity insurance<br />

rules to make it easier to switch regulator. Currently if a firm wished to<br />

switch say from SRA to CLC, the firm had to buy run-off cover but under<br />

this proposed change, it will not be necessary to do so thus making<br />

switching much easier and thereby encouraging competition. The LSB still<br />

has to approve this but it’s looking likely to come into effect in time for the<br />

next indemnity year. For those firms who only do conveyancing and<br />

probate (the reserved activities which the CLC can regulate), this could be<br />

an opportunity to review who you want to be regulated by.<br />

SRA issues warning on fraudulent investment schemes<br />

The SRA has issued its third Warning Notice to the profession and the<br />

public relating to solicitor involvement in scam investment schemes.<br />

Since the last Warning Notice in September 2016 the SRA has received a<br />

further 12 reports about potentially fraudulent investment schemes,<br />

showing an increase in the trend. Recent cases have involved investment in<br />

the diamond trade, fine art trade and a Brazilian Ecohouses scheme.<br />

The SRA noted that it is a minority of solicitors involved in these schemes<br />

but stated that the impact on the profession is ‘very significant’ both in<br />

terms of damage to reputation and the fact that the majority of investors are<br />

vulnerable people.<br />

SRA Chief Executive, Paul Philip, commented that the SRA will rightly<br />

‘take robust action where we find solicitors have indeed participated in<br />

schemes designed to defraud the public’.<br />

Can you be sure that there are no such deals going on in your firm? Make<br />

sure you make your fee earners aware of these issues so that they do not<br />

find themselves and the firm involved in such fraudulent schemes.<br />

Summer social events warning!<br />

With the British summer now in full swing, you may be planning to hold a<br />

staff summer party or other staff social and/or networking events.<br />

However, a word of warning that the SRA expects conduct to be of a high<br />

professional manner at all times, which also extends to and covers staff<br />

social events.<br />

Richard Lacey, a former founding member of Parry Welch Lacey LLP<br />

(PWL), <strong>Liverpool</strong>, punched fellow partner, Kate Welch, in the face at a<br />

Christmas social event in December 2015 and has now been rebuked by the<br />

SRA.<br />

Lacey accepted a conditional caution for assault and was ordered to write a<br />

letter of apology and pay compensation to Ms Welch.<br />

The SRA stated that Lacey’s behaviour was considered deliberate/reckless<br />

and that by committing the offence and accepting the caution he had failed<br />

to uphold the rule of law and failed to behave in a way that maintains the<br />

trust the public placed in him.<br />

Lacey left the firm only 10 days after the incident and advised that he had<br />

been dealing with some difficult personal circumstances at the time so it<br />

seems as though he did have some mitigation arguments.<br />

The decision comes at the same time that a partner of London firm<br />

Winckworth Sherwood LLP is also publicly rebuked by the SRA for<br />

behaving inappropriately towards colleagues at the firm’s Christmas party<br />

28 www.liverpoollawsociety.org.uk<br />

in December 2016.<br />

John Burnand became intoxicated and behaved in an ‘inappropriate,<br />

physical manner’ towards several members of staff, the SRA stated.<br />

Burnand’s apology was placed on the firm’s intranet following an internal<br />

investigation and he resigned from the firm only 5 days later. He admitted<br />

to breaching the SRA principles for failing to behave in a way that maintains<br />

the trust the public placed in him and in the provision of legal services.<br />

Firms’ policies on standards of conduct should mention behaviour at staff<br />

only events or other social occasions where staff are representing the firm<br />

and its reputation.<br />

Grenfell Tower touting leads to suspension<br />

As if Leigh Day had not had enough on their plates dealing with the recent<br />

SDT case against them , they have now had to suspend two paralegals after<br />

allegedly touting for business amongst the Grenfell Tower fire victims.<br />

Harnita Rai and Sejal Sachania featured on a poster displayed around the<br />

tower during the aftermath of the tragedy offering to help with potential<br />

insurance claims and/or assisting with the review of complex documents<br />

and have been named (and shamed) by The Times.<br />

In a statement, Leigh Day commented that ‘We are clear that neither of the<br />

individuals named by The Times have supplied any names to the firm as<br />

potential clients from this tragedy. Leigh Day would never have given<br />

authority for the posters or their display and we are taking this matter<br />

extremely seriously’.<br />

This may well be a case of over- eager paralegals thinking they are offering<br />

support but clearly without thinking of their regulatory obligations in<br />

relation to advertising and without appreciating the impact and adverse<br />

publicity that it may bring. All firms again need to ensure that all staff<br />

understand what can and can’t be done by way of advertising and publicity<br />

with appropriate training where necessary.<br />

Further issues surrounding electronic data<br />

It seems that a month cannot go by without another report of issues relating<br />

to electronic data, whether it be hacking, cybercrime or, the latest report,<br />

bribery!<br />

Tracey Miller, a former employee of insurance company Aviva, has been<br />

given a two year suspended prison sentence and ordered to pay £4,500<br />

compensation after being bribed into selling confidential data to a third<br />

party. Miller advised that she was approached when leaving work by a third<br />

party back in 2013. Following this, Miller was paid the sum of £4,500 in<br />

exchange for the provision of confidential data.<br />

A spokesperson for Aviva said that financial incentives in personal injury<br />

claims was a factor and that ‘insurers will continue to be targets for those<br />

who seek to profit from accident claims’.<br />

City of London’s Police detective sergeant Matt Hussey said that ‘Miller<br />

abused her position of trust within her organisation and instead of doing<br />

the right thing and alerting her employer about being approached by a<br />

fraudster, she instead greedily decided to set up a deal with him’.<br />

And finally…<br />

Will we see the return of transparency at the Cube? The LSB has fired a<br />

warning shot to the SRA that it will be monitoring the impact of its decision<br />

to end public and press access to its board meetings. In the LSB’s review of<br />

all the regulators, it has made it clear that transparency is an important issue<br />

for the LSB. More generally though, it has praised the SRA for making<br />

“considerable progress” and that the SRA’s Handbook review and<br />

development of its new IT system would be key to its effectiveness.<br />

Michelle Garlick<br />

Weightmans LLP


29<br />

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The Es<br />

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The Essential COFA Update<br />

with Jo Morris<br />

, 1.30pm<br />

ay 6th September, 1.3<br />

d - .4<br />

4<br />

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date<br />

.45pm


“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


MJLD<br />

New MJLD Committee<br />

ALI HOUGH – Chair<br />

I shall be taking on the role as Chairman this year of the<br />

MJLD Committee, stepping up from Vice-Chair. I am a<br />

Trainee Solicitor at DWF LLP in <strong>Liverpool</strong> where I shall<br />

be qualifying in October into the Employment team. I am<br />

excited to begin the new year alongside our new<br />

Committee and I am sure that by working together, we will<br />

deliver the best MJLD year yet for our members!<br />

MIKE FAGAN – Vice-Chair<br />

This will be my second year on the committee and my first<br />

as Vice-Chair. I’m currently in my first year of my training<br />

contract at Jackson Lees Solicitors and currently in the<br />

Court of Protection department. In my role as Vice Chair,<br />

I will be on hand to assist the committee and our members<br />

to have the best social and educational events possible. I’m<br />

passionate about supporting our chosen charity for this<br />

coming year and hope we can help them to raise a lot of<br />

money. I take my role seriously but thankfully don’t take<br />

myself very seriously all the same!<br />

SARAH COAKLEY – Treasurer & Secretary<br />

I am at MSB Solicitors, currently working in the family<br />

department and will be starting my training contract in<br />

September. I studied <strong>Law</strong> at <strong>Liverpool</strong> John Moores<br />

University and completed my LPC there too. I am the<br />

treasurer and secretary in this year’s committee. I am<br />

excited to see what the year ahead holds for the MJLD!<br />

THOMAS STOCKTON – Social Representative<br />

I am a first year Trainee Solicitor at MSB Solicitors. I<br />

studied <strong>Law</strong> at <strong>Liverpool</strong> John Moores University and I<br />

am half way through my LPC, again at LJMU. I started<br />

with MSB at the age of 18 and have been here for 8 years.<br />

This is my first year on the MJLD committee where I have<br />

been elected as one of the social representatives. My<br />

primary role will therefore be to help organise upcoming<br />

events for the committee and members. Outside of work I<br />

enjoy travelling and socialising with my wide network of<br />

friends.<br />

SARAH MCGUINNESS – Social Representative<br />

I am a first year trainee at MSB Solicitors and I am looking<br />

forward to qualifying in 2018. I completed my <strong>Law</strong> degree<br />

and LPC at LJMU. I have been appointed as a Social<br />

Representative on the MJLD committee and I am excited<br />

to organise some great events this year. In my spare time I<br />

enjoy socialising with friends and spending time with my<br />

nephews.<br />

KATIE CORLESS – Social Representative<br />

I work for Slater Gordon Solutions as a Complex Claims<br />

Legal Advisor. This year I have been elected as one of the<br />

social representatives and I am very excited about the role.<br />

I thoroughly enjoyed my time on the MJLD committee last<br />

year as fundraising representative and I am looking<br />

forward to new and exciting things in the year ahead. I<br />

would like to thank all those who voted for me and I look<br />

forward to seeing you soon at our events.<br />

NAOMI FATHERS – Publicity<br />

I am currently a paralegal in Court of Protection at<br />

Jackson Lees having graduated from the University of<br />

<strong>Liverpool</strong> in 2016. I am now half way through my LPC<br />

which I am studying part-time at BPP. I am looking<br />

forward to promoting the MJLD events and encouraging<br />

junior lawyers to engage with all the opportunities the<br />

MJLD provides.<br />

AMY WONG – Publicity<br />

I am a second year Trainee Solicitor at Irvings. This is my<br />

first year on the MJLD committee and I am looking<br />

forward to playing an active role in publicity and ensuring<br />

that members are kept up to date, building a greater social<br />

media presence for the MJLD and working closely with<br />

those in other roles on the committee.<br />

SOPHIA LIU – Publicity<br />

I am a Paralegal at DWF LLP and I have completed the<br />

GDL and LPC at BPP University in <strong>Liverpool</strong>. I am<br />

excited to be part of the MJLD Committee this year as<br />

publicity representative and I'm looking forward to working<br />

with everyone to make this the best year yet!<br />

HANNAH BICKLEY – Fundraising<br />

I am currently a graduate member of the Chartered<br />

Institute of Legal Executives hoping to qualify as a fellow<br />

before 2018. I work within the family department of<br />

Broudie Jackson Canter as a paralegal. This is my first year<br />

on the committee and I am really excited to start working<br />

with our nominated charity and raise as much as possible<br />

throughout the year.<br />

LYDIA ITIOKIET – Fundraising<br />

My role is Creditor Services for the Business Restructuring<br />

team at DWF. One of the main reasons I put myself<br />

forward for this role is because of my first-hand experience<br />

of what a difference locally funded, charity-backed projects<br />

can make. My older sister has cerebral palsy and there have<br />

been so many things over the years that she has been able<br />

to do that were only made possible by this sort of funding. I<br />

would like to thank everyone who voted for me. I am<br />

looking forward to working with our nominated charity and<br />

helping them as much as possible over the next year.<br />

ANDREW BALL – Eduation<br />

I’m currently a Paralegal in the Disease team at<br />

Weightmans LLP but prior to that I’ve had a pretty varied<br />

career in the legal industry. I studied History at York before<br />

doing the GDL at the University of <strong>Law</strong> Chester and then<br />

the BPTC at Manchester Metropolitan. Since then, I’ve<br />

worked as a County Court Advocate around the North<br />

West before moving to Hampson Hughes and eventually<br />

ending up at Weightmans. I’m now studying the LPC parttime<br />

back at Chester and I’m looking forward to a good<br />

year ahead with the MJLD. As part of my role, I want to<br />

expand our education events work with the LLS and its<br />

membership in achieving this<br />

AOIFE HENNESSEY - Sponsorship<br />

I am currently a trainee solicitor at Irvings <strong>Law</strong>. I studied<br />

<strong>Law</strong> at the University of <strong>Liverpool</strong> and completed my LPC<br />

at BPP <strong>Liverpool</strong>. I have enjoyed attending many of the<br />

MJLD events over the last year or so, I am now looking<br />

forward to joining the committee as sponsorship<br />

representative and working together with the other<br />

members of the committee<br />

ALEX THOW - Sponsorship<br />

I am a trainee solicitor at Brabners LLP in <strong>Liverpool</strong>. I<br />

studied history at the University of Leeds before<br />

completing my GDL and LPC at BPP <strong>Liverpool</strong>. This is<br />

my first year on the committee and, in the role of<br />

sponsorship representative, I am looking forward to<br />

building and maintaining relationships with our generous<br />

sponsors to ensure that the MJLD continues to be able to<br />

deliver excellent events and support for its members.<br />

NICOLA WILDING – National Representative<br />

I am a trainee at DLA Piper UK LLP and qualify into Real<br />

Estate in September. Having spent a year on the MJLD last<br />

year, thank you for electing me to represent junior lawyers<br />

in Merseyside on a national level again. In particular,<br />

raising awareness amongst students of the incoming SRA<br />

changes to routes to qualification which will completely<br />

change how individuals become qualified solicitors. Please<br />

let me know if you have any issues you wish to be raised on<br />

a national level or want to know more about what the<br />

MJLD or JLD is about<br />

ALI HOUGH – Chair<br />

I shall be taking on the role as Chairman this year of the MJLD<br />

Committee, stepping up from Vice-Chair. I am a Trainee Solicitor at DWF<br />

LLP in <strong>Liverpool</strong> where I shall be qualifying in October into the<br />

Employment team. I am excited to begin the new year alongside our new<br />

Committee and I am sure that by working together, we will deliver the<br />

best MJLD year yet for our members!<br />

MIKE FAGAN – Vice-Chair<br />

This will be my second year on the committee and my first as Vice-<br />

Chair. I’m currently in my first year of my training contract at Jackson<br />

Lees Solicitors and currently in the Court of Protection department. In<br />

my role as Vice Chair, I will be on hand to assist the committee and our<br />

members to have the best social and educational events possible. I’m<br />

passionate about supporting our chosen charity for this coming year and<br />

hope we can help them to raise a lot of money. I take my role seriously<br />

but thankfully don’t take myself very seriously all the same!<br />

SARAH COAKLEY – Treasurer & Secretary<br />

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ALI HOUGH – Chair<br />

I shall be taking on the role as Chairman this year of the MJLD<br />

Committee, stepping up from Vice-Chair. I am a Trainee Solicitor at DWF<br />

LLP in <strong>Liverpool</strong> where I shall be qualifying in October into the<br />

Employment team. I am excited to begin the new year alongside our new<br />

Committee and I am sure that by working together, we will deliver the<br />

best MJLD year yet for our members!<br />

MIKE FAGAN – Vice-Chair<br />

This will be my second year on the committee and my first as Vice-<br />

Chair. I’m currently in my first year of my training contract at Jackson<br />

Lees Solicitors and currently in the Court of Protection department. In<br />

my role as Vice Chair, I will be on hand to assist the committee and our<br />

members to have the best social and educational events possible. I’m<br />

passionate about supporting our chosen charity for this coming year and<br />

hope we can help them to raise a lot of money. I take my role seriously<br />

but thankfully don’t take myself very seriously all the same!<br />

SARAH COAKLEY – Treasurer & Secretary<br />

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ALI HOUGH – Chair<br />

I shall be taking on the role as Chairman this year of the MJLD<br />

Committee, stepping up from Vice-Chair. I am a Trainee Solicitor at DWF<br />

LLP in <strong>Liverpool</strong> where I shall be qualifying in October into the<br />

Employment team. I am excited to begin the new year alongside our new<br />

Committee and I am sure that by working together, we will deliver the<br />

best MJLD year yet for our members!<br />

MIKE FAGAN – Vice-Chair<br />

This will be my second year on the committee and my first as Vice-<br />

Chair. I’m currently in my first year of my training contract at Jackson<br />

Lees Solicitors and currently in the Court of Protection department. In<br />

my role as Vice Chair, I will be on hand to assist the committee and our<br />

members to have the best social and educational events possible. I’m<br />

passionate about supporting our chosen charity for this coming year and<br />

hope we can help them to raise a lot of money. I take my role seriously<br />

but thankfully don’t take myself very seriously all the same!<br />

SARAH COAKLEY – Treasurer & Secretary<br />

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"<br />

I am a trainee at DLA Piper UK LLP and qualify into Real Estate in September. Having spent a year<br />

on the MJLD last year, thank you for electing me to represent junior lawyers in Merseyside on a<br />

national level again. In particular, raising awareness amongst students of the incoming SRA changes<br />

to routes to qualification which will completely change how individuals become qualified<br />

solicitors. Please let me know if you have any issues you wish to be raised on a national level or<br />

want to know more about what the MJLD or JLD is about


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