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<strong>Newcastle</strong> upon Tyne Law Society<br />

ANNUAL<br />

LAW DINNER<br />

Aug/<strong>Sep</strong> <strong>2017</strong><br />

10 th November <strong>2017</strong><br />

J O I N O U R P R E S I D E N T L E W I S<br />

P E A R S O N T O G E T H E R W I T H<br />

F R I E N D S & C O L L E A G U E S F R O M<br />

A C R O S S T H E L E G A L C O M M U N I T Y<br />

F O R T H I S PRESTIGIOUS EVENT<br />

Supported by<br />

VENUE: NEWCASTLE UPON TYNE CIVIC CENTRE<br />

TIME 6.30PM FOR 7PM<br />

FURTHER DETAILS ON BOOKING FORM OR FROM OUR<br />

WEBSITE WWW.NEWCASTLELAWSOCIETY.CO.UK<br />

In this edition....<br />

Obituary: Ken Lockerbie<br />

President’s Summer Party<br />

Specialist s9 Judges in<br />

<strong>Newcastle</strong> and Leeds


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Editorial<br />

Editorial<br />

Our glorious summer is coming to<br />

an end, although some may<br />

question if it ever began! I had a<br />

break in early June and assumed<br />

that for a change I would be here<br />

to enjoy the sunshine in July and<br />

August. Unfortunately I seem to<br />

recall dodging rain showers as I<br />

was running between courts.<br />

However, normal service is about<br />

to be resumed as the children are<br />

returning to school and those of<br />

my colleagues who were, almost<br />

irritatingly (for me) looking forward<br />

to their holidays a few weeks ago<br />

are now back and not looking so<br />

smug.<br />

Over the past weeks we have seen<br />

<strong>Newcastle</strong> catapulted into the<br />

national headlines for the wrong<br />

reasons. The media reported<br />

Operation Sanctuaryextensively,<br />

although much of their<br />

commentary was directed at the<br />

decision of Northumbria Police to<br />

employ a convicted sex offender to<br />

provide information which led to<br />

the arrest and conviction of a<br />

number of individuals. Many<br />

organisations have contributed to<br />

the debate including the NSPCC<br />

who deplored the tactic, although I<br />

personally thought that the Chief<br />

Constable of Northumbria Police<br />

acquitted himself very well in the<br />

press in explaining the force's<br />

reasoning for using this method of<br />

investigation. It seems logical to<br />

me that if you are going to try and<br />

infiltrate a criminal gang you have<br />

to use individuals who will blend in<br />

and perhaps not arouse the<br />

suspicion of those whom the<br />

police are trying to catch. It would<br />

have been virtually impossible for<br />

Contents...<br />

an undercover police officer to<br />

have undertaken that role, as<br />

criminals are naturally wary of<br />

those whom they do not know<br />

particularly well. I have been<br />

reading a book by a former<br />

undercover police officer who tried<br />

to become part of the drugs scene<br />

in the Midlands. His role was to<br />

detect those responsible for<br />

supplying drugs and it is clear that<br />

whilst street level addicts seemed<br />

to accept him as one of their own<br />

after only a short time, those<br />

higher up the food chain were<br />

extremely suspicious and on<br />

occasions he met with serious<br />

violence as they believed he was a<br />

police officer, because he seemed<br />

to appear on the drug scene from<br />

nowhere. Everyone has their view<br />

and use of informants is a<br />

controversial tactic, but sometimes<br />

the ends justify the means and if<br />

those involved in serious crime are<br />

brought to justice, the public may<br />

be prepared to accept this method<br />

of investigation.<br />

When parliament returns after the<br />

summer break, we will<br />

undoubtedly see an acceleration of<br />

Brexit negotiations. Of particular<br />

interest to the lawyers is the view<br />

that we need to control our own<br />

laws and ensure that the law is<br />

interpreted in the courts across this<br />

country and not in Luxembourg.<br />

The Prime Minister is anxious that<br />

we have control of our own legal<br />

destiny, although many consider<br />

this to be simplistic. One law<br />

professor has suggested that we<br />

cannot maintain a close link with<br />

EU and at the same time have a<br />

complete break with the European<br />

Court. He is quoted as saying it's<br />

the judicial version of "have our<br />

cake and eat it too". The public has<br />

often been frustrated and indeed<br />

angered by some of the legal<br />

decisions coming from ECJ which<br />

they see unfair and unjust and<br />

perhaps contrary to their<br />

perception of the rules of natural<br />

justice.<br />

This is one of the many difficult<br />

issues that our negotiators face in<br />

the coming months and years and<br />

is one which will have a significant<br />

impact upon how we apply our<br />

laws in the future.<br />

The future of our profession is<br />

often a cause for concern and on<br />

more than one occasion, I have<br />

wondered how my particular area<br />

of law will attract talented lawyers<br />

who may not be persuaded by a<br />

career retricted by public funding.<br />

Over the past few weeks we have<br />

had a number of students gaining<br />

some work experience and whilst<br />

most have an interest in the law,<br />

they are acutely aware of the<br />

difficulties with legal aid<br />

and declared a reluctance to<br />

practice in an area of law which<br />

relied upon that type of funding.<br />

Sadly I do not think our new Lord<br />

Chancellor will be particularly<br />

concerned about this issue.<br />

Paul Hanratty<br />

Ediitor<br />

Commercial Landlord and Tenant Update<br />

2nd October <strong>2017</strong><br />

4pm – 6pm<br />

<strong>Newcastle</strong> venue TBC – see booking form for details<br />

Speaker: Charles Morgan<br />

We are delighted to announce that Charles Morgan now practising from Six Pump Court, Temple, London<br />

is returning to <strong>Newcastle</strong> to deliver his highly regarded Commercial Landlord and Tenant Update for the<br />

<strong>Newcastle</strong> upon Tyne Law Society. Charles’s principal areas of practice are environmental law and<br />

commercial property law. Further details on the booking form. Please book early to secure your place.<br />

President’s Column...4 Local <strong>News</strong>...5<br />

President’s Summer Party ...6 President’s Charity...7<br />

Diary Dates<br />

14th <strong>Sep</strong>tember <strong>2017</strong><br />

GDPR Seminar<br />

2nd October<br />

Commercial Landlord and<br />

Tenant seminar - Charles<br />

Morgan<br />

Standing Committee<br />

Dates for <strong>2017</strong><br />

Monday 25th <strong>Sep</strong> <strong>2017</strong><br />

Monday 4th December <strong>2017</strong><br />

Monday 15th January 2018<br />

Date for the Annual<br />

Dinner<br />

10th November <strong>2017</strong><br />

If you have any matters you<br />

would like to bring before the<br />

committee please e mail us<br />

on<br />

mail@newcastlelawsociety.co.uk<br />

Contact us at:<br />

<strong>Newcastle</strong> Upon Tyne Law Society<br />

College House<br />

Northumberland Road<br />

<strong>Newcastle</strong> Upon Tyne<br />

NE1 8SF<br />

DX 61024 <strong>Newcastle</strong> upon Tyne<br />

Tel: 0191 232 5654<br />

Fax: 0191 222 0313<br />

Email:<br />

mail@newcastlelawsociety.co.uk<br />

Website:<br />

www.newcastlelawsociety.co.uk<br />

Those wishing to attend CPD<br />

courses must ensure that first they<br />

fill in the appropriate booking form<br />

to reserve a place and return to this<br />

office.<br />

Published by<br />

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The views and opinions expressed<br />

in the <strong>Newcastle</strong> <strong>News</strong> are those of<br />

the individual contributors. No<br />

responsibility for any loss of<br />

consequential loss occasioned to<br />

any person acting as a result of any<br />

views and opinions expressed or<br />

any information in the <strong>Newcastle</strong><br />

<strong>News</strong> can be accepted by any<br />

contributor, the Publisher or the<br />

editorial board of the <strong>Newcastle</strong><br />

Law Society.


President’s Column<br />

<strong>News</strong> from the President<br />

If you missed the summer party<br />

this July, then you missed a really<br />

good bash. We were sold out!<br />

Great credit, as always, to Kate<br />

Goodings who got everything<br />

together and also an inspired<br />

choice as to venue (down to me) in<br />

choosing the Wylam Brewery.<br />

Finally we were lucky enough that<br />

summer coincided with that<br />

particular day. NWG Property<br />

Solutions came up trumps with<br />

sponsorship and we made a good<br />

collection for dogs for the deaf. So<br />

next time get your orders in<br />

quickly.<br />

The next knees up is the Law<br />

Dinner on 10 November, which is a<br />

Friday – nearly everyone likes the<br />

idea of not getting up for work the<br />

next day. So for those who missed<br />

the summer bash, you have been<br />

warned. Get your tickets ordered.<br />

In other news, I can update you on<br />

current events. Extending<br />

working hours at <strong>Newcastle</strong> Crown<br />

Court is up and running. The Pilot<br />

scheme, which was paused to<br />

allow the Election, is now set to<br />

resume in <strong>Sep</strong>tember. You will<br />

remember the proposals, one<br />

Court that will sit from 9.30 a.m.<br />

until 1.30 p.m. and then 2 p.m.<br />

until 6 p.m. There will be trials in<br />

the afternoon from October but<br />

not fixtures. There will be three<br />

floating trials, one or all of them<br />

may be dealt with by 6 p.m. If you<br />

are feeling a little confused, then<br />

imagine the feelings of the poor<br />

Jurors. There was a fairly<br />

successful rear guard action<br />

against the Magistrates’ Court<br />

proposals for Sheffield. You will<br />

remember it was proposed that<br />

they sit from 8.30 a.m. until 8.30<br />

p.m. The closing time for this Pilot<br />

has been moved back to 6.30 p.m.<br />

This is at best damage limitation.<br />

For those keeping up to date with<br />

the Law Society Gazette, you will<br />

have noticed an article about the<br />

<strong>Newcastle</strong> upon Tyne Magistrates’<br />

Court effective closure. In order<br />

to satisfy the requirement to have<br />

some sort of consultation process,<br />

written submissions were invited<br />

and the proposals were simply<br />

reinstated in due course with all<br />

submissions rejected. No surprise<br />

there then. You may well<br />

remember that these amounted to<br />

a re-distribution of work to North<br />

Shields and Bedlington<br />

Magistrates’ Courts. No account<br />

was taken of the needs of Hexham<br />

Court users who were promised<br />

good access to <strong>Newcastle</strong><br />

Magistrates’ Court when their<br />

Court was closed some years ago.<br />

The consultation process<br />

concluded that there was “only a<br />

few cases” in the erstwhile<br />

Tynedale area in any event. So no<br />

real concerns there then.<br />

It is just as well that the crime<br />

figures indicate that crime is, to a<br />

large extent, solved. I was<br />

looking at some reported crime<br />

figures for 2008. Then there were<br />

78,653 arrests in the Northumbria<br />

Police area. In 2016 there were<br />

31,407arrests which amounts to a<br />

60% decrease. Over the same<br />

period crime itself increased from<br />

109,251 reported offences to<br />

118,250. That is an 8% increase.<br />

Even Diane Abbot couldn’t explain<br />

those statistics. In fact, most cases<br />

are, in some way, “diverted”. So<br />

that’s alright then. Sleep tight.<br />

Lewis Pearson<br />

President<br />

Obituary: Kenneth Stuart Lockerbie<br />

Kenneth Stuart Lockerbie was<br />

born on 10th November 1932 in<br />

Castletown, Sunderland; the<br />

youngest of six children. Ken<br />

was educated at Tunstall<br />

Preparatory School before<br />

finishing his schooling at<br />

Haileybury Independent<br />

Boarding School just outside<br />

London.<br />

After leaving school, Ken decided<br />

to follow a career in law. His<br />

father had been a JP in<br />

Sunderland and encouraged Ken<br />

to pursue a legal career. Ken<br />

obtained articles with Rex<br />

Gibson in Sunderland, qualifying<br />

in 1955. Directly after qualifying<br />

Ken spent two years National<br />

Service at The War Office in<br />

London. On his return he gained<br />

a position at Patterson Glenton<br />

and Stracey working at their<br />

Jarrow office. In 1961 he married<br />

Jean Pringle, became a partner<br />

with the firm and the senior<br />

solicitor in the Jarrow office.<br />

Ken undertook a wide variety of<br />

legal work, especially enjoying<br />

the contentious side of the law<br />

where he made many court<br />

appearances defending clients.<br />

Towards the end of his career he<br />

became the Deputy Coroner for<br />

South Tyneside, whilst remaining a<br />

partner in Patterson Glenton and<br />

Stracey. Ken was forced to retire<br />

in 1989 due to ill health following<br />

a serious car accident five years<br />

earlier.<br />

Ken was a committee man and at<br />

his happiest when taking a lead<br />

role. In his younger days he was a<br />

member of The North East Young<br />

Solicitors and organised yearly<br />

conferences at The Windermere<br />

Hydro. Ken was Chairman of the<br />

Legal Aid Area Number 8<br />

Committee for many years.<br />

Ken successfully combined his<br />

legal career with an active social<br />

life. He gained many clients,<br />

friends and acquaintances through<br />

membership of Rotary and<br />

Beadnell Sailing Club. His other<br />

great love was rugby. He played<br />

rugby for Gosforth and later<br />

refereed at the very highest level<br />

officiating at clubs all over England<br />

and the Scottish Borders. After<br />

giving up the whistle Ken was,<br />

over the years, President of<br />

Gosforth RFC and Chairman of<br />

<strong>Newcastle</strong> Gosforth RFC,<br />

Northumberland Referees Society<br />

and the Northumberland<br />

Disciplinary Committee.<br />

Following his retirement Ken<br />

continued to take an active part in<br />

legal life becoming Chairman of<br />

the local Retired Solicitors<br />

Association – a position he held for<br />

a number of years.<br />

Ken’s health had been failing for a<br />

number of years and he gradually<br />

withdrew from public life. Ken<br />

died on 28th May <strong>2017</strong>, aged 84.<br />

He is survived by his widow, Jean<br />

and their three children - Janet, a<br />

primary school teacher, Fiona, a<br />

secondary school maths teacher<br />

and Mark, a chef.<br />

Ian Fraser<br />

Hadaway & Hadaway<br />

!


Local <strong>News</strong><br />

Boost for commercial property<br />

team at Mincoffs<br />

<strong>Newcastle</strong> Law Firm Mincoffs has<br />

appointed Associate Solicitor<br />

Rebecca Dawson to its Commercial<br />

Property team.<br />

Rebecca graduated from<br />

Northumbria University with a BSc<br />

(Hons) in Building Management<br />

and went on to complete her RICS<br />

exams in building surveying. She<br />

qualified as a solicitor in 2003 and<br />

spent 4 years in a commercial<br />

property team before moving to<br />

an in-house legal role for a North<br />

East developer. She then spent 2<br />

years in the commercial property<br />

team at another North East firm<br />

before joining Mincoffs in July.<br />

Rebecca has extensive experience<br />

of dealing with all types of<br />

commercial property transactions<br />

but her particular interest is in<br />

development and regeneration,<br />

planning and construction.<br />

Ryan Bannon, Partner and Head of<br />

Commercial Property at Mincoffs<br />

said ‘Rebecca is an excellent<br />

addition to the Commercial<br />

Property Team at what is an<br />

exciting time in the commercial<br />

property landscape both regionally<br />

and nationally.’<br />

Scott Cable joins<br />

Swinburne Maddison<br />

Swinburne Maddison has appointed Scott Cable to its litigation team<br />

Scott Cable, who is a member of the Property Litigation Association,<br />

brings with him eight years of experience gained at one of <strong>Newcastle</strong>’s<br />

major law firms. He will be working alongside partners Jonathan<br />

Moreland and David Low.<br />

Partner Jonathan Moreland said: “We are at an exciting stage in our<br />

development, able to combine a high quality working environment with<br />

varied and challenging work. Scott adds real strength and depth to our<br />

firm and is a superb addition to the department.”<br />

Legal Aid Award for<br />

Mary Shaw<br />

Mary Shaw has been recognised<br />

as Family Lawyer of the Year at the<br />

15th ‘Legal Aid Lawyer of the Year’<br />

(LALY) awards. She was given<br />

particular credit for her Mediation<br />

work.<br />

Mary said “It is a huge honour to<br />

be recognised in this way for my<br />

mediation work and it was simply<br />

lovely to win an award in the<br />

month that I marked my 30 years<br />

with David Gray. Although I miss<br />

my litigating friends at court, I<br />

really enjoy working in different<br />

ways with them to best help their<br />

clients. Being a mediator requires<br />

a collaborative approach as most<br />

of my mediation clients seek legal<br />

support too and I always<br />

encourage this.”<br />

After reading law at Durham<br />

University, Mary trained in London<br />

and worked there for 3 years as a<br />

family solicitor. She then moved<br />

to <strong>Newcastle</strong> in 1987 to take up a<br />

post at David Gray as head of<br />

what was then a very small, newly<br />

formed family department –<br />

comprising Mary and Clare<br />

Routledge who was about to go<br />

on maternity leave.<br />

Over the next 20 years Mary built<br />

the department both in size (to<br />

45) and reputation so that it is<br />

now known and highly regarded,<br />

winning the Northern Law Awards<br />

in 2015 and the national Family<br />

Law Awards in 2016. Mary is<br />

accredited by Resolution as a<br />

specialist lawyer in the areas of<br />

Advanced Financial Provision,<br />

Private Children Law and<br />

Domestic Abuse; she has been a<br />

member of the Children Panel<br />

since 1993.<br />

More recently, Mary recognised<br />

that clients who are splitting up<br />

were increasingly looking for noncourt<br />

options. To meet this need,<br />

Mary trained as a collaborative<br />

family lawyer; in 2007 she was<br />

involved in the first collaborative<br />

family case in the North East.<br />

Mary then trained as a family<br />

mediator and is now an accredited<br />

mediator with qualifications both<br />

to directly consult with children<br />

and to supervise other mediators.<br />

The mediation team at David Gray<br />

has now grown to three with Mary<br />

receiving referrals involving<br />

complex children matters and high<br />

net worth divorces.<br />

Although the competition at the<br />

LALY awards was stiff, the team at<br />

David Gray is delighted Mary has<br />

been recognised for her<br />

dedication, enthusiasm and<br />

genuine desire to ‘do things<br />

differently.<br />

Legal Aid Practitioners Group<br />

Director Carol Storer said: "It is<br />

such a privilege to be able to<br />

celebrate the ground breaking, life<br />

changing work of access to justice<br />

lawyers. The calibre of this year's<br />

nominations was staggeringly<br />

high, and a real reflection of the<br />

expertise, grit and compassion<br />

which characterises the legal aid<br />

sector."<br />

Mary can be contacted at<br />

Family.mediation@davidgray.co.uk<br />

or directly at<br />

mary.shaw@davidgray.co.uk


President’s Summer Party<br />

President’ Summer Party <strong>2017</strong><br />

The Summer Party took place on what actually felt like the only sunny day<br />

this summer, at Wylam Brewery. Wylam Brewery is now located in the<br />

Palace of Arts in Exhibition Park, just beside the boating lake which some<br />

of you may remember used to be the former military vehicles museum.<br />

They specially opened for <strong>Newcastle</strong> Law Society members who took full<br />

opportunity to taste the different beers on tap.<br />

Out in the sunshine the Wylam Brewery chefs set out a BBQ with burgers,<br />

lemon and thyme marinated chicken, Northumbrian sausages, grilled<br />

halloumi, sweetcorn and salads and sweet potatoes all on the menu. And<br />

afterwards – eton mess and profiteroles.<br />

Lewis had chosen Hearing Dogs for Deaf People to benefit from the<br />

money raised. Eileen Botterill from the Charity was there along with Dave<br />

Lennard and his Hearing Dog, Connie.<br />

We are also very grateful to NWG<br />

Property Solutions for their support of<br />

this event and to Tonia Reeve, their<br />

representative. Thanks also to everyone<br />

who donated raffle prizes : Hay and<br />

Kilner, Thompsons Solicitors, Swinburne,<br />

Snowball and Jackson Gibson and Co, Parklane Plowden, Pearson<br />

Caulfield, Iain Nicholson and Co, NWG Property Solutions, David Spires,<br />

Ben Hoare Bell, Beecham Peacock, Ward Hadaway, and Alderson Law.<br />

Hearing Dog, Connie, with representatives from the<br />

charity, Hearing Dogs for Deaf People


Local <strong>News</strong><br />

Hearing Dogs for Deaf People<br />

Hearing Dogs for Deaf People is a charity that offers greater<br />

independence, confidence and companionship to deaf people by training<br />

dogs to alert them to everyday household sounds and danger signals in<br />

the home, work place and in public buildings. However, not only do<br />

hearing dogs alert deaf people to those important sounds and danger<br />

signals such as the alarm clock, doorbell, telephone and smoke alarm,<br />

they also help their partner to escape the isolation, loneliness and often<br />

depression that deafness brings.<br />

Learning to live with deafness can be a devastating experience. Many<br />

people say, when they lost their hearing they also lost their sense of<br />

security, confidence and independence. Deafness is an invisible disability.<br />

Often people withdraw, finding it increasingly difficult to communicate –<br />

a hearing dog helps to give deafness that visibility.<br />

Hearing Dogs was launched at the world-famous Crufts dog show in 1982<br />

as ground-breaking work, and since then we have created over 2000 lifechanging<br />

partnerships between deaf people and hearing dogs across the<br />

UK. It is a national charity with a particular focus of developing their work<br />

in the North East, so deaf people in the region can be offered the same<br />

support as those in the rest of the country. The charity commits to<br />

helping more deaf people every year, and there are still thousands of deaf<br />

people who could benefit from a hearing dog. However, as the Charity<br />

receives no government funding at all, it relies entirely on the support of<br />

individuals, companies and organisations to help to continue their lifechanging<br />

work.<br />

Eileen Botterill, Community Fundraising Manager for the North East<br />

region said “I am deaf myself and live in the North East, so I am<br />

particularly keen to develop the work of Hearing Dogs for Deaf People to<br />

the advantage of the people in the North East. It is important to me that<br />

people who could benefit from a Hearing Dog know about the service<br />

and about how it could improve their life and that of their families.<br />

To be chosen as Charity of the Year for the <strong>Newcastle</strong> upon Tyne Law<br />

Society is a fantastic opportunity and will help raise awareness of Hearing<br />

Dogs in the North East enormously, and will encourage more deaf people<br />

to find out about the service we offer”.<br />

For more information about Hearing Dogs for<br />

Deaf People visit: www.hearingdogs.org.uk<br />

Extra fact:<br />

According to 2015 statistics, there are currently over 11 million people<br />

with a hearing loss in the UK; 900,000 of those are severely or profoundly<br />

deaf so could qualify for a hearing dog, 45,000 of which are children.<br />

Congratulations to the North East firms<br />

shortlisted in the Law Society’s National<br />

Excellence Awards<br />

Excellence in Client Services<br />

EMG Solicitors Ltd<br />

Excellence in Conveyancing Practice<br />

EMG Solicitors Ltd<br />

Excellence in Private Client Practice<br />

Carr & Co<br />

Emmersons Solicitors Ltd<br />

Excellence in Technology<br />

Durham County Council<br />

Ward Hadaway<br />

LEGAL SUSTAINABILITY ALLIANCE AND<br />

THE PLANET MARK PRESENT THE<br />

BUSINESS CASE FOR SUSTAINABILITY<br />

A FREE participative workshop for law firms to encourage<br />

organisations to develop sustainable working practices and manage<br />

their carbon footprint<br />

Friday 22nd <strong>Sep</strong>tember 12.30pm – 4pm including buffet lunch at Bond<br />

Dickinson St Ann’s Wharf 112 Quayside <strong>Newcastle</strong> Upon Tyne NE1 3DX<br />

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GDPR Seminar<br />

Are you ready for the implementation of the new General Data<br />

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Sponsor <strong>News</strong><br />

<strong>Newcastle</strong> Law Society<br />

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Three Counties renew their ties<br />

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Once again and on behalf of Three Counties Ltd, I am delighted to<br />

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Tyne Law Society<br />

Three Counties was formed in 1989 and for over 25 years we have been<br />

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• Our clients should benefit from our shared experience; this<br />

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• In being independent. As this ensures our clients get the advice<br />

that is right for them. Three Counties has no ties to any<br />

investment house, bank or insurance company.<br />

• In being contactable. There is no limit on the number of phone<br />

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Counties. Clients can reach us at all reasonable times with<br />

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• That the only people who should pay us are our clients - for<br />

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As a director of Three Counties, I take great pleasure and pride in the<br />

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We look forward to working with the Law Society and its members both<br />

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AlphaBiolabs training and collections manager, Jackie<br />

Hickman and Kerry Hutchinson, the sample collector in<br />

the North East<br />

Andrew Alexander is Director and Head of Investments at<br />

Three Counties Ltd.<br />

Telephone 0191 230 3034, Email<br />

andrew.alexander@three-counties.co.uk<br />

Three Counties Ltd is authorised and<br />

regulated by the Financial Conduct<br />

Authority.<br />

8 <strong>Newcastle</strong> <strong>News</strong>


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<strong>Newcastle</strong> <strong>News</strong> 9


Court <strong>News</strong><br />

Leeds/<strong>Newcastle</strong> Specialist s9 Judges<br />

Scope of this document<br />

1. This document deals with listing of specialist cases in the<br />

Chancery Division, Mercantile Court and TCC and County Court<br />

Chancery Business cases, in each case proceeding in <strong>Newcastle</strong><br />

Upon Tyne, before s9 specialist Judges from Leeds.<br />

2. Nothing in this document affects:<br />

(1) listing arrangements for the Vice-Chancellor which<br />

continue as before;<br />

(2) listing arrangements for DJs;<br />

(3) listing arrangements for Recorders.<br />

<strong>Newcastle</strong> specialist jurisdiction cases to be dealt with by <strong>Newcastle</strong><br />

Chancery Team.<br />

3. Cases proceeding in <strong>Newcastle</strong> will, wherever possible, be dealt<br />

with by the <strong>Newcastle</strong> Chancery team (which also deals with<br />

TCC and Mercantile cases.) The parties’ point of contact in such<br />

cases should be through the Chancery team at <strong>Newcastle</strong>. The<br />

<strong>Newcastle</strong> Chancery team will liaise where necessary with<br />

Leeds, which is generally responsible for the list of the s9 Leeds<br />

Judges.<br />

4. In all emails sent to <strong>Newcastle</strong> District registry, the Specialist<br />

Jurisdiction as well as the claim number and short case title<br />

should be set out in the subject line.<br />

S9 Judge sitting pattern<br />

5. The s9 Judges from Leeds normally sit for a week at a time, 9<br />

months of the year (the “Set <strong>Newcastle</strong> Weeks”). They are willing<br />

to sit in <strong>Newcastle</strong> in addition to these scheduled times where<br />

there is urgency or some other good reason. What is a good<br />

reason will depend on the case and will be determined by the<br />

s9 Judges following a request from the <strong>Newcastle</strong> Chancery<br />

team (see below). In addition, there is the possibility, in<br />

appropriate cases, of using a fee-paid DHCJ or a Recorder with<br />

a Chancery ticket (Chancery Business, County Court) or<br />

releasing the matter to a DJ.<br />

6. Any particular reason(s) that the hearing cannot take place<br />

other than in <strong>Newcastle</strong> or that it should take place there should<br />

be provided.<br />

7. In the case of urgent listing applications, the Form at the Annex<br />

should be used and completed.<br />

Application Days<br />

8. For a trial period, Friday Applications Days will be re-instated<br />

when the s9 Leeds Judges sit in <strong>Newcastle</strong>. They will be<br />

advertised as being on a Friday morning.<br />

9. For listing purposes, the Applications Day will be a 2 hour slot<br />

on Friday mornings from 10am. This time-period may be<br />

capable of expansion or contraction in particular weeks as<br />

matters develop.<br />

Urgent Applications<br />

10. A need for an urgent listing may arise from a need for urgent<br />

interim relief (say a freezing or other injunction) or because of<br />

the nature of the matter (e.g winding up petitions and<br />

associated applications should be dealt with speedily) or<br />

because (e.g) case management directions are needed for a<br />

trial/hearing which is due to take place before the matter could<br />

be heard by a DJ and then given effect to by the parties.<br />

Depending on its nature an urgent application may be capable<br />

of being dealt with by telephone.<br />

(2) by a s9 Judge specially sitting in <strong>Newcastle</strong> out of<br />

the Set <strong>Newcastle</strong> Week<br />

(3) by a s9 Judge in Leeds at a hearing (usually but not<br />

necessarily the Friday applications list in Leeds);<br />

(4) by a s9 Judge in Leeds by telephone;<br />

(5) by the VC by telephone<br />

12. In all urgent cases, a form as annexed should be completed.<br />

Where lawyers are acting they should be capable of<br />

completing most if not all the form. Counter staff may need to<br />

assist (eg litigants in person)<br />

Skeleton arguments, combined authorities bundles and draft orders<br />

13. The importance of the prompt delivery of skeleton arguments<br />

and combined authorities bundles cannot be overemphasised.<br />

Where Counsel is to be instructed it is important<br />

that they are instructed early enough to enable them to fulfil<br />

their duties in this respect.<br />

14. Counsel should be provided with, and if not provided with,<br />

should ask for, copies of any directions orders in the case<br />

dealing with trial preparation. In the absence of specific court<br />

order, the relevant specialist guides should be consulted for<br />

the relevant timetable for lodging of skeleton arguments etc.<br />

Consideration should be given to providing a chronology and<br />

list of issues (agreed where possible) in all cases. In County<br />

Court, Chancery Business matters, where no order has been<br />

made a s9 Judge will normally expect skeleton arguments to<br />

be provided two clear days before the hearing.<br />

15. Where draft orders are lodged, before or after a hearing, in<br />

Tomlin form or otherwise, an electronic word version should<br />

also be lodged at the same time.<br />

16. In drafting Orders, attention is drawn to the provisions of the<br />

Chancery Guide regarding (a) the naming of counsel or<br />

advocate appearing before the court; (b) the provision for<br />

service and the recording of the same which will generally be<br />

followed in all three specialist jurisdictions.<br />

Contact details as at May <strong>2017</strong><br />

Leeds Chancery/Circuit Judges Listing<br />

Section Manager – Richard Marsland<br />

Direct tel no 0113 3062460; email: Richard.marsland6@hmets.gsi.gov.uk<br />

Chancery: 0113 3062461<br />

Circuit Judge’s Listing: 0113 3062441<br />

Chancery email address: orders@leeds.districtregistry.gsi.gov.uk<br />

Circuit Judge’s email address: hearing@leeds.countycourt.gsi.gov.uk<br />

<strong>Newcastle</strong> District Registry<br />

Donna Stafford (Delivery Manager (Civil)<br />

Helen Tait – Chancery/Insolvency Clerk<br />

[Caroline Brent – in Helen Tait’s absence]<br />

Tel number: 0191 2012061<br />

Tel number: 0191 2012061<br />

Email address: civil@newcastle.countycourt.gsi.gov.uk<br />

<strong>Newcastle</strong> Listing Section<br />

Brian Redhead<br />

Stuart Bell<br />

Tel numbers: 0191 2012026 and 0191 2012028<br />

Email address: civil@newcastle.countycourt.gsi.gov.uk<br />

11. In ascending order of urgency, matters can potentially be heard:<br />

(1) by the s9 Judge when sitting in <strong>Newcastle</strong> in a Set<br />

<strong>Newcastle</strong> Week or by the VC when sitting in<br />

<strong>Newcastle</strong>;


Court <strong>News</strong><br />

Annex Listing Request: urgent<br />

Case Number<br />

(If appeal give original and appeal<br />

number)<br />

Claimant/Applicant<br />

(If appeal identify if appellant or<br />

respondent in brackets after name)<br />

Defendant/Respondent<br />

(If appeal identify if appellant or<br />

respondent in brackets after name)<br />

Court:<br />

(High Court/County Court, Chancery<br />

Division, Chancery Business,<br />

Mercantile TCC etc)<br />

Type of Case<br />

(Eg. Probate, boundary dispute etc)<br />

Track (and any value ascribed)<br />

Nature of application(s) (Identifying<br />

applicant)<br />

Date of Issue of application<br />

Is the order requested without notice<br />

to the other party? If so, for what<br />

reason?<br />

Order(s) sought (in summary)<br />

Time Estimate<br />

Level of Judge requested<br />

(Eg. High Court, Section 9, DJ etc)<br />

Listing Requested, degree of urgency<br />

and reasons:<br />

(eg. <strong>Newcastle</strong> Applications day;<br />

Leeds Applications day; special<br />

appointment)<br />

Any preference as to place of hearing<br />

(<strong>Newcastle</strong> or Leeds): give reasons:<br />

Suitable for a telephone hearing? if so,<br />

why?<br />

Specialist Requirements<br />

(Eg. Secure Courtroom, Video Link,<br />

Security Risk, Interpreter Required,<br />

Disabled Access etc)<br />

Date & Time Listed<br />

Venue<br />

Judge<br />

Further Matters raised at the Civil Court<br />

User Meeting 27th April <strong>2017</strong><br />

PCOL Lists:<br />

[Possession Claims On Line]<br />

There appears to be too many cases listed in each block and it is taking<br />

longer than the allocated time to hear the full list. This appears to be<br />

caused by the number of cases that are contested and the amount of<br />

time it is taking the duty solicitor to see everyone.<br />

There are four sessions per week, Tuesdays and Thursdays AM and PM.<br />

There have been recent difficulties with these lists as a greater number of<br />

tenants are attending and seeking advice. The court has experienced<br />

recent sessions which have overrun significantly, these have not been the<br />

courts fault but caused by having only one duty solicitor. This has now<br />

been addressed and an agreement has been reached that there will be at<br />

least two duty solicitors on PCOL days.<br />

The Listing Officer will review the PCOL listing guidelines and it will be<br />

tabled on the next District Judges Admin meeting being held next week<br />

where this can be discussed and any further comments will be circulated.<br />

Donna Stafford (Delivery Manager) is looking into the possibility of block<br />

listing PCOL. The difficulty in this approach is with the PCOL system itself<br />

and it is not yet known if this will be possible – an update will follow.<br />

We will also look into the possibility in introducing an additional list, if<br />

even for a short time, as the number of return hearings appears to be<br />

increasing.<br />

Breach of Injunctions:<br />

This was raised following an instance where a breach of a civil injunction<br />

had occurred and the individual in breach of the injunction was not<br />

brought before the court within 24 hours and no return date was given.<br />

The respondent was then released and the opportunity was then lost to<br />

serve him with notice of the return date.<br />

While this is not satisfactory it appears to be a one off. There is a process<br />

in place at <strong>Newcastle</strong> when a breach is brought before lunch then a<br />

criminal court will either adjourn for lunch early or resume late in order to<br />

get the matter on. Similarly, where a breach occurs in the afternoon, then<br />

the matter will be dealt with before close of play. Where it is not possible<br />

to deal with the breach, a return date will be given which will be within<br />

14 days by having the court clerk call the listing team to provide the date.<br />

Chancery Update:<br />

Chancery work is an area currently being focused upon at <strong>Newcastle</strong>.<br />

Local practice for chancery high court work has been to list through<br />

Leeds for some time but this is being reviewed. Chancery specialist<br />

Judges from Leeds will be sitting at <strong>Newcastle</strong> every four to six weeks to<br />

hear chancery work and there has very recently been a competition<br />

advertised for the appointment of a chancery circuit judge to sit<br />

permanently at <strong>Newcastle</strong> who would have a Section 9 ticket to hear High<br />

Court Chancery work. Whereas we are still in the early stages every effort<br />

is being made to support chancery work at <strong>Newcastle</strong>. The DCJ<br />

encourages Chancery practitioners to get the best possible use out of<br />

<strong>Newcastle</strong> Chancery District Registry.<br />

Cost Budgeting:<br />

This arises out of a case wrongly being listed for cost budgeting having<br />

being issued after 6th April 2016 involving a child less than 18 years. This<br />

was raised by the DCJ with the District Judges Bench at <strong>Newcastle</strong> and it<br />

was clear that all judges were aware of the provision and if this reoccurs<br />

then all that is required is an email to the court for the attention of the<br />

District Judge for this to be rectified.<br />

When the issue of dispensing with cost budgeting arises for cases listed<br />

before 6th April 2016 then parties seek the agreement of the defendant<br />

and then raise it at the cost budgeting appointment should they not<br />

agree. His Honour has on occasion, dispensed with costs when involving a<br />

child if it is appropriate to do so. Moreover, the court has in any respect,<br />

powers to dispense with cost budgeting if it sees fit to do so.<br />

There cannot be a uniform approach to costs budgeting as each case<br />

must me decided on its own merits but there can be more consistency<br />

and the District Judges Bench have discussed this and will be taking it<br />

forward.<br />

Date of the Next Meeting:<br />

The next meeting will be October 26th <strong>2017</strong> in the Judicial Dining Room<br />

<strong>Newcastle</strong> Law Courts.


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