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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 />
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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 />
Processing Regulation which will come into force on 25th May<br />
2018. At the invitation of <strong>Newcastle</strong> Law Society, Pearl Moses,<br />
Head of Risk and Compliance at the Law Society will visit<br />
<strong>Newcastle</strong> to deliver a seminar on the following:<br />
• Requirements of the GDPR<br />
• How data can/cannot be used<br />
• Consent<br />
• Penalties<br />
• Preparing for implementation<br />
It will take place on Thursday the 14th of <strong>Sep</strong>tember between 1:30<br />
and 3:30 pm at the offices of Watson Burton. Booking form<br />
enclosed. Practice Managers of member firms are welcome to<br />
attend.
Sponsor <strong>News</strong><br />
<strong>Newcastle</strong> Law Society<br />
welcomes new sponsor<br />
AlphaBiolabs<br />
<strong>Newcastle</strong> Law Society welcomes sponsor AlphaBiolabs. Their new Walkin<br />
centre is conveniently placed in Jesmond. This is what they had to say<br />
“At AlphaBiolabs we understand that our customers need a flexible<br />
solution to their sample collection requirements. With this in mind,<br />
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Wednesday 9:30 am – 4:30 pm<br />
For all enquiries please call 0333 600 1300<br />
or visit www.alphabiolabs.co.uk<br />
Three Counties renew their ties<br />
with <strong>Newcastle</strong> Law Society<br />
Once again and on behalf of Three Counties Ltd, I am delighted to<br />
confirm that we have renewed our sponsorship of the <strong>Newcastle</strong> upon<br />
Tyne Law Society<br />
Three Counties was formed in 1989 and for over 25 years we have been<br />
very aware that what our clients require is consistency in their financial<br />
planning and advice, coupled with a first class investment management<br />
service.<br />
Clients are at the very core of everything that we do; our team of highly<br />
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We approach each and every one on an individual basis, taking the time<br />
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to support these requirements.<br />
This approach has served us well and we have a large number of longterm<br />
clients whom we have assisted over many years, adapting to<br />
incorporate the changes they have experienced in their lives. This is<br />
testament to the friendly, yet professional way, in which our team deliver<br />
the high quality, genuinely independent, integrated and broad-based<br />
financial advice.<br />
We have strong beliefs about how a financial planning business should<br />
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We believe:<br />
• Our clients should know the truth about their money and what<br />
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make the choices that are right for them.<br />
• Our clients should benefit from our shared experience; this<br />
means that we work as a team. Each client has a lead advisor<br />
but the team share the work meaning we all understand our<br />
clients really well.<br />
• 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 />
calls, meetings or discussions a client can have with Three<br />
Counties. Clients can reach us at all reasonable times with<br />
access to our direct dial telephone and mobile numbers.<br />
• That the only people who should pay us are our clients - for<br />
this reason we are “fee only”. We do not take commissions from<br />
third parties.<br />
• That our clients should enjoy their financial planning<br />
experience.<br />
• We are the best at what we do.<br />
As a director of Three Counties, I take great pleasure and pride in the<br />
achievements, standards and service that we have offered for over 25<br />
years – something which we will continue to develop and deliver going<br />
forward – market-leading, fiscal advisory and investment management<br />
which is robust, client centric and underpinned with superb service levels.<br />
We look forward to working with the Law Society and its members both<br />
now and for years to come.<br />
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>
<strong>Newcastle</strong> upon Tyne Law Society<br />
ANNUAL<br />
LAW DINNER<br />
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Time 6.30pm for 7pm – Black Tie<br />
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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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