Liverpool Law Aug 2017
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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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www.gcs-title.co.uk | 01435 868050 | underwriters@gcs-title.co.uk<br />
Guaranteed Conveyancing Solutions Limited is authorised and r<br />
egulated by the Financial Conduct Authority<br />
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Registered in England and Wales No. 3623950<br />
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www.liverpoollawsociety.org.uk<br />
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 />
www.liverpoollawsociety.org.uk<br />
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The Es<br />
on Wednesd<br />
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<br />
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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<br />
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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