Messenger December 2017
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<strong>December</strong> <strong>2017</strong><br />
October 09<br />
1<br />
Going Green<br />
North West Law<br />
The Officers, Council and<br />
staff of Manchester Law<br />
Society are committed to<br />
finding ways in which we<br />
can reduce the impact of<br />
our work both in the office<br />
and when work takes us<br />
away from the Manchester<br />
Law Society office.<br />
Even though we are only a<br />
small business we do<br />
recognise that we can<br />
have a negative impact on<br />
the environment and so<br />
we need to become more<br />
sustainable.<br />
So what is sustainability?<br />
The most widely used definition<br />
of sustainable development<br />
is “development<br />
that meets the needs of the<br />
present without compromising<br />
the ability of future<br />
generations to meet their<br />
own needs”<br />
Sustainability is not just<br />
about protecting the environment<br />
and improving<br />
ones reputation, but is increasingly<br />
seen as a way of<br />
winning new business, improving<br />
efficiency and cutting<br />
cost.<br />
It is important to remember<br />
that sustainability covers a<br />
lot more than just environmental<br />
factors though –<br />
economic and social aspects<br />
are also key parts of<br />
sustainability.<br />
There is a belief in the UK<br />
that an environmental conscience<br />
is expensive. The<br />
truth is that corporate social<br />
responsibility is not just a reporting<br />
requirement or<br />
public relations luxury for<br />
large companies with deep<br />
pockets but an activity that<br />
is accessible to small businesses,<br />
even having the potential<br />
to save them money!<br />
We decided that to start off<br />
there were a number of<br />
small changes that we<br />
would be able to make<br />
which would have a big impact<br />
and our list of strategies,<br />
designed to make<br />
sustainability easy to implement,<br />
while delivering business<br />
benefits in terms of<br />
cost savings, marketing and<br />
employee and member engagement<br />
is below:<br />
• Avoid the use of paper<br />
wherever possible. For example,<br />
sending invoices<br />
and quotes via email as PDF<br />
files which also avoids the<br />
use of postal services, saving<br />
on transportation and<br />
on paper.<br />
•Another way is by making<br />
our monthly magazine “The<br />
<strong>Messenger</strong>” digital. We will<br />
be starting with the January<br />
2018 edition – new year,<br />
new start! Going digital will<br />
make The <strong>Messenger</strong> faster,<br />
more focused and up-todate.<br />
Not only will it be<br />
smarter, easy to use and interactive<br />
most of our members<br />
now read their news<br />
online and our advertisers<br />
and sponsors, who want to<br />
attract our members, are<br />
telling us that print is a very<br />
low priority for them.<br />
• We are looking at avoiding<br />
the use of paper for our conferences<br />
as much as possible<br />
too. We will be sending<br />
out joining instructions, invoices,<br />
receipts, speaker<br />
notes and delegate packs<br />
digitally as much as possible<br />
too.<br />
• We will be recycling as<br />
much waste material as<br />
possible as well as recycling<br />
equipment that is no longer<br />
of use eg computers and<br />
printers that we no longer<br />
use.<br />
The truth is, most of us have<br />
no idea how much we<br />
throw away. According to<br />
Waste Watch, everyone in<br />
the UK throws away their<br />
own bodyweight every<br />
seven weeks! And the Confederation<br />
of Paper Industries<br />
gives 12.5 million<br />
tonnes as the amount of<br />
paper and cardboard disposed<br />
of annually in the UK.<br />
• We will be recycling waste<br />
paper from the printer<br />
where possible, making use<br />
of the blank side for notes<br />
etc<br />
• We will try to purchase<br />
products made with recycled<br />
paper and products<br />
with a lower environmental<br />
impact eg safe soaps and<br />
cleaning products, recycled<br />
office supplies such as<br />
paper and ink cartridges.<br />
• We will use rechargeable<br />
batteries instead of disposable<br />
ones.<br />
• We have paper recycling<br />
bins already and have had<br />
for some time and will continue<br />
to use them.<br />
• We do not have waste<br />
paper bins at any desk so<br />
people have to put their<br />
waste paper and cardboard<br />
in the recycling bin or their<br />
food in the kitchen bin.<br />
• We will be trying to keep<br />
our energy usage low. For<br />
example making use of low<br />
energy light bulbs throughout,<br />
turning lights off in<br />
areas that are not in use and<br />
ensuring that computers<br />
are shut down after work.<br />
We have also got timers on<br />
our heating and blinds on<br />
our windows. Using energy<br />
efficient LED or CFL lights<br />
can cut costs by £80 and<br />
save 320 kg of carbon dioxide,<br />
as found by The Energy<br />
Saving Trust, over the lifetime<br />
of the bulb.<br />
We really think it is important<br />
even for small organisations<br />
like ours to make the<br />
case of sustainability and<br />
hopefully inspire some of<br />
our member firms to look at<br />
this too.<br />
We are delighted to announce<br />
that we have joined<br />
up with The Legal Sustainability<br />
Alliance and Planet<br />
Mark, who will be providing<br />
a regular column in The<br />
<strong>Messenger</strong>, “The Green Corner”<br />
to give us monthly insights<br />
into sustainability for<br />
the legal sector and ways in<br />
which firms can take positive<br />
action on climate<br />
change by measuring, reducing<br />
and reporting on<br />
their carbon footprint, no<br />
matter what their size.<br />
Fran Eccles-Bech<br />
Chief Executive<br />
The Monthly Publication of the Manchester Law Society<br />
In association with<br />
Manchester Legal Awards <strong>2017</strong> principal sponsors<br />
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Contents 3<br />
News from the President<br />
page 5<br />
North West Law <strong>December</strong> <strong>2017</strong><br />
In this edition...<br />
NEWS<br />
Bermans dispute resolution platform wins<br />
prestigious industry award<br />
Manchester law firm recognises 100<br />
years’ service<br />
6<br />
8<br />
Manchester Law Society<br />
64 Bridge Street<br />
Manchester M3 3BN<br />
Tel: 0161 831 7337<br />
www.manchesterlawsociety.org.uk<br />
Editor: Fran Eccles-Bech<br />
Editorial Committee<br />
Julia Baskerville, Baskerville Publications Ltd<br />
Fran Eccles-Bech, Manchester Law Society<br />
Adam Entwistle, JMW Solicitors LLP<br />
Sarah Evans, Kuits<br />
Mark Fitzgibbon, Hill Dickinson<br />
Jemma Goldstone, JMW Solicitors LLP<br />
Michael Hardacre, Slater & Gordon<br />
Niall Innes at Mills & Reeve LLP<br />
Helen Kanczes, Clyde & Co<br />
Steve Kuncewicz, BLM Law<br />
Adrian Kwintner, Clyde & Co<br />
Jeff Lewis, Brabners LLP<br />
Louise Straw, Burton Copeland<br />
Matthew Taylor, Eversheds LLP<br />
Browne Jacobson to help shape technical<br />
education with key DfE panel appointment<br />
9<br />
Published by<br />
FEATURES<br />
Joe Egan<br />
page 11<br />
Meet the Joe Egan, President of the Law<br />
Society<br />
11<br />
Baskerville Publications Ltd<br />
Apartment 327 Holden Mill<br />
Blackburn Road<br />
Bolton BL1 7PN<br />
Andrew Toolan<br />
page 21<br />
Jane Clare<br />
page 30<br />
My Other Life: Andrew Twambley of Amelans<br />
City Profile: Andrew Toolan, MIDAS<br />
NEW One Foot in the Grapes<br />
Wine column by journalist Jane Clare<br />
Mental Wellness<br />
REGULARS<br />
Final Word from the President<br />
Regulation Matters<br />
Monthly Competetion<br />
Win £100 voucher for Venus Florists<br />
13<br />
21<br />
30<br />
33<br />
5<br />
7<br />
18<br />
Advertising enquiries<br />
Julia Baskerville<br />
01204 303323<br />
j.baskerville@jbaskerville.co.uk<br />
www.locallawsocietypublications.co.uk<br />
All rights reserved, reproduction in whole or part<br />
without written permission from the Publisher and<br />
Manchester Law Society is not permitted.<br />
Photographic material and manuscripts are supplied at<br />
owners risk, neither the company not its agents accept<br />
any liability for loss or damage.<br />
The Society welcomes articles and letters from members<br />
on any topic and items should be sent to the above<br />
address<br />
The views and opinions expressed in the Manchester<br />
<strong>Messenger</strong> are those of the individual contributors and<br />
not of the Manchester Law Society<br />
Printed by<br />
Buxton Press
4 Manchester Law Society News<br />
News from Bridge Street<br />
MANCHESTER LAW SOCIETY ANNUAL<br />
GENERAL MEETING<br />
Your attendance is requested at the Annual General Meeting of the Members of the Manchester<br />
Law Society, to be held at the offices of Mills & Reeve LLP, 8th Floor, 1 New York<br />
Street, Manchester, M1 4AD on Monday 4th <strong>December</strong> at 17.00pm PROMPT.<br />
1. Apologies<br />
2. Minutes – Annual General Meeting held on Monday 5th <strong>December</strong>, 2016<br />
3. Auditors Report<br />
4. To pass the Balance Sheet and Income & Expenditure Account for the past year ended<br />
31 <strong>December</strong> 2016<br />
5. To report that the following Officers have been chosen by the Council for the ensuing<br />
year:-<br />
a) MIKE DEVLIN – PRESIDENT<br />
b) MICHELLE GARLICK – VICE PRESIDENT<br />
c) MATTHEW TAYLOR – HONORARY TREASURER<br />
d) DAVID ANDERSON – JOINT HONORARY SECRETARY<br />
e) DAVID TRAVIS – JOINT HONORARY SECRETARY<br />
6. Attendance of Council Members<br />
7. To elect seven ordinary Members of Council<br />
(Nomination Sheet has been posted in the Society’s offices, 64 Bridge St, Manchester, M3<br />
3BN)<br />
8. To elect Auditors<br />
9. Any other Business<br />
10. Vote of thanks.<br />
A copy of the Society’s draft accounts and a print of the Report of the Council can be obtained<br />
in advance, at the Society’s office.<br />
Your early arrival at the meeting is requested as the Society’s staff will be issuing members<br />
with voting cards (should a vote take place) and checking membership details prior<br />
to the meeting commencing. This will inevitably cause a short delay in entering the meeting.<br />
Should there be a vote please note that solicitors who are not paid up members of the<br />
Society are not eligible to vote. If you are in any doubt about whether or not you are able<br />
to vote please telephone Hollie Hirst on 0161 831 7337 or at HollieHirst@manchesterlawsociety.org.uk<br />
prior to the meeting.<br />
JON HAINEY<br />
PRESIDENT<br />
Annual Lawyers Christmas Carol Service<br />
The annual Lawyers Christmas Carol Service will be held at St<br />
Ann’s Church, St Ann’s Square Manchester on Tuesday, 19th <strong>December</strong><br />
2016 at 1.15 pm.<br />
As in past years, the Thursday Singers, an auditioned chamber<br />
choir drawn from Withington Girls School, Manchester High<br />
School for Girls and The Manchester Grammar School, will lead<br />
the singing. They have a deservedly excellent reputation.<br />
This is an opportunity corporately to celebrate the spirit of<br />
Christmas in the context of uplifting music and in a beautiful<br />
building.<br />
In this time of economic uncertainty and when there are many<br />
pressures assailing the legal profession this event can be relied<br />
on to deliver a boost to morale.<br />
All members of the judiciary and of the legal profession and<br />
their families and friends are invited to attend this wonderful occasion.<br />
Whether you are a practising Christian, a cultural Christian, agnostic,<br />
atheist or a member of another faith, you will be made<br />
very welcome.<br />
Forthcoming Events<br />
Newly Qualified Solicitors &<br />
Newly Called to the Bar Barristers<br />
Civic Ceremony<br />
Thursday 11 January 2018<br />
Manchester Town Hall, Albert Square, Manchester M60 2LA<br />
Manchester Law Society and the City of Manchester want to congratulate all newly qualified<br />
solicitors and barristers newly called to the bar by welcoming them to the profession with a Civic<br />
Ceremony at Manchester Town Hall.<br />
We invite Solicitors that have qualified and Barristers called to the Bar, in the past 18 months, to<br />
mark this milestone in their legal career by attending the ceremony in Manchester Town Hall at 3pm<br />
on Thursday 11 January 2018.<br />
Certificates will be presented by the Lord Mayor of Manchester and President of Manchester Law<br />
Society and the ceremony will be followed by a reception with drinks and canapés.<br />
Order of Events<br />
15:00 Tea and coffee upon arrival<br />
15:30 Ceremony begins<br />
16:15 Reception with drinks and canapés where there will be the opportunity for<br />
photographs with the Lord Mayor of Manchester and President of Manchester Law<br />
Society<br />
The ceremony is a unique opportunity for the newest members of the legal profession to celebrate<br />
their success as well as acknowledge the friends and family who have supported them on the way.<br />
Each newly qualified solicitor or barrister will be able to bring up to 2 guests with the option of<br />
further guests should numbers permit. Tickets cost £25.00 +VAT per person for NQ Solicitors,<br />
Barristers and guests alike.<br />
Please note that places are booked on a first come, first served basis.<br />
The dress code for those receiving certificates will be business attire (no expensive gown hire<br />
necessary!) and a high quality photography service will be available for all those attending the<br />
ceremony to commemorate the occasion by purchasing a professional portrait, a photo of the<br />
presentation on stage during the ceremony or a photo with your family or friends.<br />
Cost to attend:<br />
NQ Solicitor/Barrister place £25.00 + VAT (£30.00), Guest place £25.00 + VAT (£30.00)<br />
Price includes light refreshments and certificate.<br />
To book your place please complete and return the form overleaf or email<br />
CarlaJones@manchesterlawsociety.org.uk<br />
To book your place email carlajones@manchesterlawsociety.org.uk<br />
E-Disclosure<br />
Thursday 18 th January 2018<br />
Venue: KPMG, 1 St Peter's Square, Manchester M2 3AE<br />
Registration and Breakfast: 08.30am<br />
Seminar: 09.00am Networking and refreshments: 10.00-10.30am<br />
Cost to attend: Members of MLS £20.00 + VAT (£24.00) Non Members £40.00 + VAT (£48.00)<br />
<br />
in the e-disclosure arena. This will include a view of the changing data landscape, the use<br />
<br />
of assisted review, a demonstration of technology to improve early case assessment and a<br />
few war stories to bring it all to life.<br />
<br />
We will be joined by Lesley Anderson QC, Head of the Chancery/Commercial section of<br />
Kings Chambers (Manchester, Leeds and Birmingham) who will present an overview of<br />
current developments in the law and practice on disclosure<br />
Aimed at: All solicitors, in particular those involved in litigation and disclosure matters.<br />
Learning outcome: To provide the delegate with an update and insight into current trends in the e-<br />
disclosure arena. This will include a view of the changing data landscape and the use of assisted<br />
review.<br />
This will include a view of the changing data landscape and the use of assisted<br />
Level: Suitable r for all levels<br />
Satisfying Competency This will include Statement a view Section: of the A changing Ethics, professionalism data landscape and judgement the use of assisted (A2, A4 &<br />
A5) B Technical legal practice r (B1, B2, B3, B4, B6 & B7)<br />
To book your place email victoriaridge@manchesterlawsociety.org.uk<br />
_<br />
T
5<br />
President’s Column<br />
5<br />
From the President<br />
As this will be my final article<br />
as a President, I<br />
thought it would be appropriate<br />
to reflect on the<br />
year and some of the<br />
themes which have<br />
emerged during what has<br />
seemed to be an incredibly<br />
short time at the helm<br />
of MLS. Where does the<br />
time go?!<br />
One of the highlights of the<br />
year for me came in January<br />
when I had the pleasure of<br />
judging some of the categories<br />
at the Manchester<br />
Legal Awards. That was followed<br />
by the awards dinner<br />
itself which was, yet again, a<br />
huge success with over 600<br />
guests at the Midland Hotel<br />
and everything perfectly organised<br />
and co-ordinated<br />
by Fran and the team. I was<br />
hugely impressed by the<br />
quality and the diversity of<br />
all the nominees and particularly<br />
those who won. As I<br />
highlighted on the night,<br />
lawyers in the region have<br />
been advising on huge infrastructure<br />
projects of national<br />
significance, major<br />
corporate deals and ground<br />
breaking legal cases in both<br />
the Civil and Criminal<br />
Courts. This reflects what an<br />
exciting time it is to work in<br />
Manchester: the city is<br />
growing rapidly, businesses<br />
are relocating here like<br />
never before and it feels like<br />
all roads lead to Manchester.<br />
You will hopefully have seen<br />
the flyers for next year's<br />
awards. I encourage all of<br />
you to enter the awards or<br />
nominate your team or a<br />
colleague who has particularly<br />
impressed you. Even if<br />
the nominee is not short<br />
listed, I am sure that they<br />
will appreciate your support<br />
and confidence in them.<br />
Unfortunately, one of the<br />
major events of my year was<br />
of course the horrific bombing<br />
at Manchester Arena. As<br />
I said at the time, the worst<br />
in people brings out the<br />
best in people and the response<br />
from the community<br />
in Manchester and<br />
further afield was of course<br />
tremendous and heart<br />
warming.<br />
As you will know, Fran and<br />
the MLS team immediately<br />
stepped into the breach<br />
and put together the pro<br />
bono panel which many of<br />
you in the City (and others<br />
from across the country),<br />
generously agreed to participate<br />
in. In a very short<br />
period of time MLS, with the<br />
support of other volunteers<br />
and business partners, created<br />
the framework and<br />
platform for the panel<br />
which has allowed many of<br />
the victims and families to<br />
access legal support and<br />
obtain much needed funds<br />
to cope with the aftermath<br />
of the atrocity. The Manchester<br />
model has been<br />
recognised nationally and<br />
will, I have no doubt, form<br />
the basis of similar schemes<br />
in the future if, as seems<br />
likely, legal support is required<br />
by a large number of<br />
affected parties at short notice.<br />
Once again, thank you to<br />
everyone who has participated<br />
in what has been a<br />
magnificent effort and a<br />
great example of what we<br />
can all do together.<br />
Alongside the actions taken<br />
within the City to recover<br />
and move on from the incident,<br />
we received letters of<br />
support from throughout<br />
the world. As I reported in<br />
the July <strong>Messenger</strong>, I was<br />
particularly struck by the<br />
message received from the<br />
Lyon Bar Association which<br />
described lawyers as "instruments<br />
of democracy"<br />
and "defenders of freedoms".<br />
I mention this again,<br />
as it ties in with a theme<br />
which has been apparent<br />
throughout my year: the increasing<br />
difficulty faced by<br />
many in society seeking to<br />
access justice. It is easy for<br />
us in this country to forget<br />
the importance of the legal<br />
profession as, fortunately,<br />
most of the time we can,<br />
and do, take for granted the<br />
freedoms we enjoy. However,<br />
as Martha Spurrier, the<br />
Director of Liberty observed<br />
when she visited Manchester<br />
for the Legal walk in September,<br />
denying people<br />
access to justice impacts on<br />
our democracy. It is essential<br />
that our democratic<br />
bodies can be held to account<br />
by anyone – regardless<br />
of their means or place<br />
in society.<br />
The point was perfectly illustrated<br />
after Donald<br />
Trump's attempt to implement<br />
a travel ban on foreign<br />
nationals from certain countries.<br />
US lawyers turned out<br />
in force, many acting on a<br />
pro bono basis, and were ofcourse<br />
able to mount an effective<br />
challenge to the ban.<br />
The checks and balances<br />
which are built into a<br />
democracy society can and<br />
do work, but there are many<br />
in society who need professional<br />
legal advice to ensure<br />
that their rights are properly<br />
protected.<br />
Against that background,<br />
our pro bono committee<br />
has been launched this year<br />
recognising the increased<br />
importance of us all working<br />
together to coordinate<br />
and provide basic legal provision<br />
to those who would<br />
otherwise be unsupported.<br />
If anyone reading this column<br />
is motivated to join the<br />
committee, please contact<br />
Fran and she will be happy<br />
to introduce you to Lucy<br />
Wildig of BPP, the Chair of<br />
the committee.<br />
Changing the subject completely,<br />
I will leave you with<br />
a final update on Ladybridge<br />
F.C. In no way linked<br />
with anything that I have instigated,<br />
the lads have put<br />
together a winning run<br />
which has seen the team<br />
move steadily up the table.<br />
Despite my previous doubts<br />
about whether it was worth<br />
carrying on with the team,<br />
we seem to have come<br />
through those dark hours<br />
and I have to say that both<br />
the boys and I are enjoying<br />
our football again (until the<br />
next heavy defeat).<br />
I shall end with the same<br />
message that I included in<br />
my first article: volunteers<br />
contribute a great deal to<br />
society whether that be<br />
Attend<br />
CMC<br />
in County<br />
or<br />
High<br />
Court<br />
coaching sports, providing<br />
pro bono advice, helping<br />
with charities etc. etc. It's<br />
not always easy to fit in such<br />
extra commitments, but<br />
speaking personally, I have<br />
learnt a huge amount<br />
coaching the lads at Ladybridge<br />
and during my spell<br />
as President of MLS and I<br />
have met some wonderful<br />
and interesting people and<br />
been involved in special<br />
events – none of which<br />
Comp<br />
osing<br />
budgets<br />
( in-hous<br />
e for<br />
l arger<br />
budgets )<br />
Jon Hainey<br />
Budget<br />
negotiations<br />
would have happened were<br />
in not for agreeing to get involved<br />
in the first place. Yes<br />
– I am knackered – but it<br />
was worth it. So, go on –<br />
have a go – join the volunteers<br />
and make society all<br />
the better for it. You might<br />
even enjoy it!<br />
Jon Hainey<br />
President<br />
New Books added to the<br />
Manchester Law Library Society<br />
Remote<br />
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A Practical Guide to The Landlord & Tenant Act 1954: Commercial Tenancies<br />
Blackstone’s Criminal Practice 2018<br />
Archbold Pleading, Evidence & Practice 2018 including Sentencing Guidelines<br />
Employment Agencies, Recruitment Agencies & Agency Workers<br />
Cretney & Lush Lasting & Enduring Powers of Attorney 8th ed.<br />
Parole Board Hearings Law & Practice 3rd ed.<br />
Tolley’s Company Law Handbook <strong>2017</strong> 25th ed<br />
Capital Gains Tax <strong>2017</strong>/18<br />
Value Added Tax <strong>2017</strong>/18<br />
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For further information please contact @kain-knight.co.uk or<br />
01 <br />
Onward Buildings, 207 Deansgate,<br />
Manchester, M3 3NW<br />
Tel: 0161 236 6312<br />
Email: issuedesk@manchesterlawlibrary.co.uk<br />
Manchester<br />
3 Hardman Square,<br />
Spinningfields,<br />
Manchester, M33EB<br />
Tel: 0161 457 0456<br />
Fax: 01616013539<br />
DX 23815 Northwich<br />
London<br />
Hall,<br />
1 Throgmorton Avenue,<br />
London, EC2N 2JJ<br />
Tel:0203 215 1011<br />
Fax: 02073746265<br />
DX 138760 Cheapside 2<br />
Bishop's Stortford<br />
1-5 Priors, London Road,<br />
Bishop'sStortford,<br />
Herts, CM23 5ED<br />
Tel: 01279 755552<br />
Fax: 01279 755936<br />
DX 50405 Bishop's Stortford<br />
St Austell<br />
8 Church Street,<br />
St Austell,<br />
Cornwall,PL254AT<br />
Tel:0172664729<br />
Fax: 01726 69831<br />
DX81254 StAustell<br />
Canterbury<br />
Regis House, 9 Dane John Wor<br />
ks<br />
Gordon Road, Canterbury,<br />
Kent, CT1 3PP<br />
Tel: 01227 786499<br />
Fax: 01227 786665<br />
DX 5310 Canterbury
6 Movers & Shakers<br />
Record number of Apprentices welcomed<br />
at Law Firm<br />
Slater and Gordon has<br />
welcomed a record number<br />
of apprentices<br />
through its doors.<br />
Having teamed up with<br />
well-known learning<br />
providers including Cilex<br />
Law School, the law firm has<br />
offered 12 apprenticeships<br />
in its Manchester office with<br />
38 across seven offices.<br />
From legal administration<br />
to paralegal and chartered<br />
legal apprenticeships, it’s<br />
the largest amount of placements<br />
the company has<br />
ever made.<br />
Slater and Gordon CEO Ken<br />
Fowlie said it was an exciting<br />
time for the firm. He<br />
said: “We’re all eager to see<br />
A leading Manchester law<br />
firm is building on its recent<br />
successes with the<br />
appointment of an experienced<br />
solicitor in the family<br />
team.<br />
Claire Higham, a family law<br />
specialist, joins Slater Heelis<br />
as an Assistant Solicitor and<br />
will advise clients on all issues<br />
arising from separation,<br />
including divorce,<br />
children and financial matters.<br />
She comes to the firm after<br />
two years at KBL Law in<br />
Bolton and will be based<br />
from the firm’s Manchester<br />
office.<br />
The family team has enjoyed<br />
its busiest year on<br />
record and Claire’s appointment<br />
brings the team to<br />
nine fee earners.<br />
The team supports clients<br />
with a range of family services,<br />
including divorce and<br />
separation, mediation, collaborative<br />
law, advice on<br />
prenups and postnups, and<br />
inheritance claims.<br />
Mark Heptinstall, Head of<br />
how those on the apprenticeship<br />
scheme progress.<br />
It’s fantastic to be able to<br />
give the next generation of<br />
legal experts this opportunity.<br />
“At Slater and Gordon,<br />
they’ll have the chance of<br />
working alongside some of<br />
the profession’s leading<br />
lawyers on a broad range of<br />
cases.<br />
“I’m sure it will be challenging<br />
and extremely rewarding.<br />
“The apprentices we have<br />
working in our teams already<br />
are terrific and a real<br />
testament to how successful<br />
this programme is.”<br />
Manchester Apprentices<br />
As well as giving apprenticeships<br />
to existing colleagues,<br />
the firm has also<br />
recruited external candidates<br />
with apprentices<br />
ranging in age from school<br />
leavers to 45 years old.<br />
Ken added: “What’s interesting<br />
is that our apprentices<br />
are all very different – some<br />
are at the start of their legal<br />
career having recently left<br />
full-time education whereas<br />
others already have a law<br />
background. We are fully<br />
committed to working<br />
closely with all our apprentices<br />
to ensure that they not<br />
only achieve their intended<br />
apprentice qualification but<br />
also seek career progression<br />
within the business.”<br />
Slater Heelis expands family team<br />
the Family team, said: “The<br />
continual increase in demand<br />
for our services,<br />
meant that we needed to<br />
expand our team and Claire<br />
was the perfect fit. She<br />
brings a wealth of experience<br />
and she compliments<br />
the team very well.<br />
“The team has just been<br />
ranked one of the best family<br />
law teams in the North<br />
West according to Legal<br />
500, who comment that the<br />
team “provides practical<br />
and well-thought-through<br />
advice” and recommend the<br />
team for being “excellent”,<br />
Claire Higham<br />
“capable and brilliant at<br />
finding practical solutions”,<br />
and “knowledgeable, commercial<br />
and superb at cutting<br />
to the chase”.”<br />
Slater Heelis is a full-service<br />
firm offering a range of legal<br />
services including Company<br />
Commercial, Employment,<br />
Personal Injury, Residential<br />
and Commercial property<br />
and Family Law; employing<br />
over 135 people across<br />
Manchester City Centre,<br />
Sale and Timperley. The firm<br />
acts for clients across the UK<br />
and internationally.<br />
Bermans dispute resolution platform<br />
wins prestigious industry award<br />
Escalate, Bermans<br />
ground-breaking commercial<br />
dispute resolution<br />
process for SMEs, has<br />
been named ‘Innovation<br />
of the Year’ at this year’s<br />
British Accountancy<br />
Awards.<br />
Escalate helps SMEs to<br />
achieve a prompt settlement<br />
to a wide range of<br />
commercial disputes, with<br />
fixed fees payable only on a<br />
successful outcome and no<br />
upfront costs.<br />
Chris Clay, one of the architects<br />
of the Escalate process,<br />
said: “Winning one of the<br />
most hotly contested categories<br />
in our industry’s most<br />
prestigious awards is a<br />
major achievement.<br />
“Escalate was developed to<br />
be a game-changer that will<br />
transform how commercial<br />
disputes are resolved; this<br />
award demonstrates that<br />
the wider market has taken<br />
notice and also realised its<br />
potential.”<br />
Law firm Davis Blank Furniss<br />
has acted for Burnleybased<br />
EFS.Global on its<br />
purchase of Euro SDB Limited<br />
which specialises in<br />
distribution, logistics and<br />
warehousing.<br />
The deal sees EFS.Global acquire<br />
the entire issued share<br />
capital of Euro SDB for an<br />
undisclosed sum.<br />
EFS.Global is one of the<br />
North West's largest freight<br />
and haulage groups. It currently<br />
has eight depots and<br />
offices across the country<br />
and operates its own UK<br />
and European road freight<br />
fleet. It also works with selected<br />
partners around the<br />
world.<br />
Its purchase of Tamworthbased<br />
Euro SDB is part of<br />
EFS.Global’s ongoing<br />
growth and acquisition<br />
strategy across the North<br />
West and Midlands.<br />
Nick Harvey, partner and<br />
head of litigation and dispute<br />
resolution at Bermans,<br />
said: “We’re extremely<br />
proud of what Escalate has<br />
achieved since its launch at<br />
the start of the year.<br />
“Not only have our peers<br />
recognised Escalate’s potential<br />
to disrupt the commercial<br />
dispute resolution<br />
market, but we’re also seeing<br />
considerable demand<br />
for the process from SMEs -<br />
which is hardly surprising<br />
given that the traditional<br />
dispute resolution model is<br />
broken and heavily stacked<br />
against claimants. Pursuing<br />
a commercial dispute has<br />
tended to be a costly,<br />
lengthy and risky undertaking.<br />
Escalate has changed<br />
that by providing a smarter<br />
way for businesses to resolve<br />
commercial disputes.”<br />
Recent research from the<br />
Federation of Small Businesses<br />
suggests there were<br />
at least 3.4 million commercial<br />
disputes involving SMEs<br />
between 2010 and 2015.<br />
This represents a significant<br />
cost and cash flow constraint<br />
to the SME sector<br />
and can sometimes be the<br />
The team at Davis Blank Furniss<br />
advised EFS.Global on<br />
all aspects of the deal including<br />
legal due diligence<br />
and transactional matters.<br />
The team was led by Sonio<br />
Singh, partner in the corporate<br />
department, with assistance<br />
from colleagues Jessica<br />
Greenhalgh, corporate<br />
solicitor, and Greg Carr who<br />
works in the firm’s property<br />
team.<br />
Mark Jones – managing director<br />
of EFS.Global – commented:<br />
“This deal marks<br />
another exciting milestone<br />
in EFS.Global’s growth. Euro<br />
SDB is a much respected<br />
name in the marketplace<br />
and so is a perfect fit for our<br />
business. The acquisition<br />
will also enable us to expand<br />
our service offering<br />
even further.”<br />
Sonio Singh added:<br />
“EFS.Global is a dynamic<br />
company and this deal is a<br />
Nick Harvey<br />
reason why businesses fail.<br />
Nick added: “By removing financial<br />
risk, providing transparency<br />
on process and<br />
pricing, and ensuring that<br />
the claimant remains the<br />
main beneficiary on settlement,<br />
Escalate gives SMEs<br />
an opportunity to resolve<br />
their disputes in a way that<br />
helps rather than hinders<br />
their cash flow.<br />
That’s why we’re seeing so<br />
much interest from our<br />
client base, and that’s why<br />
we’re winning awards.”<br />
Davis Blank Furniss acts for EFS.Global in<br />
acquisition of Euro SDB<br />
Sonio Singh<br />
yet another clear marker of<br />
its ambition and focus on<br />
growth.”<br />
The deal follows a number<br />
of other acquisitions made<br />
by EFS in recent years including<br />
747 Express Freight,<br />
Logictrans UK Limited, RTS<br />
Refrigeration, CS Brunt,<br />
Horizon Distribution and<br />
Euro-Tran Despatch.<br />
Other advisors involved in<br />
the transaction were RBS<br />
Group, part funders of the<br />
deal, whilst KBS Corporate<br />
and Gateley PLC handled<br />
advisory and legal matters<br />
for the shareholders of Euro<br />
SDB Limited.<br />
The deadline for the January edition of<br />
the <strong>Messenger</strong> is 15th <strong>December</strong>
Regulation 7<br />
Regulatory Affairs Committee Update<br />
The clocks have now gone<br />
back and the dark nights<br />
have set in. Winter awaits!<br />
One firm which got the<br />
(freezing) cold treatment<br />
from the SRA this month<br />
was city firm Locke Lord<br />
who has been ordered to<br />
pay the biggest fine in SDT<br />
history. The SRA’s annual<br />
COLP and COFA conference<br />
also took place at the end of<br />
October which I attended<br />
along with over a thousand<br />
others! The SRA has undoubtedly<br />
improved its<br />
communication/engagement<br />
with the profession<br />
since it came into being 10<br />
years ago but there is much<br />
more for it to do in my opinion<br />
to gain the trust and<br />
confidence of the profession<br />
that its approach and<br />
handling of regulatory matters<br />
is on the right track.<br />
COLP and COFA Annual<br />
Conference<br />
This was held on 31st October.<br />
Topics covered included<br />
the Solicitors<br />
Qualifying Examination<br />
(SQE), getting ready for<br />
GDPR, cybercrime, better<br />
information (including the<br />
important consultation on<br />
pricing), Looking to the Future<br />
(part 2), and managing<br />
financial risks specifically in<br />
relation to money laundering.<br />
The keynote address<br />
came from Paul Philip, the<br />
SRA Chief Executive, who<br />
was confident that significant<br />
operational improvements<br />
have been made (he<br />
was proud for example that<br />
the SRAs operating budget<br />
had reduced year on year<br />
for the past 4 years), that<br />
they are making quicker<br />
and better decisions, that it<br />
is now moving to a “professional<br />
regulator” model instead<br />
of a “compliance<br />
regulator” and that it is regulating<br />
in the wider public<br />
interest in what is a vibrant,<br />
strong, dynamic legal services<br />
market. He talked<br />
about getting the balance<br />
right between protecting<br />
the public and the costs of<br />
regulation and felt that a<br />
disproportionate level of<br />
consumer protection will<br />
increase costs and lead to<br />
issues of access to justice.<br />
What really struck me was<br />
his comment that the SRA<br />
will “have a go” at proportionate<br />
regulation which<br />
seemed to imply that if it<br />
didn’t work, then they<br />
would have to look at it all<br />
afresh! It could have just<br />
been an unfortunate turn<br />
of phrase but I’m not convinced<br />
it was.<br />
Government and National<br />
Crime Agency<br />
Highlight Money Laundering<br />
Risk<br />
Both the Government and<br />
10 things your visitors hate about you<br />
There are certain things<br />
that will really turn off<br />
website visitors – at best,<br />
diminishing their opinion<br />
of you, and at worst, driving<br />
them away from your<br />
site and onto the site of a<br />
competitor.<br />
We’ve outlined some of the<br />
usual suspects to consider if<br />
your audience is not engaging<br />
as much as you’d like.<br />
• Irrelevance – if your ad<br />
promises something that<br />
your landing page doesn’t<br />
deliver, your bounce rate<br />
will climb, and your ad<br />
quality score could decrease.<br />
Sense check everything!<br />
• Dead ends – add internal<br />
links and CTAs to your<br />
landing pages, so it’s clear<br />
what a visitor should do<br />
next after consuming your<br />
content.<br />
• Speed – most people will<br />
abandon a site if it takes<br />
more than a couple of seconds<br />
to load. Check and<br />
improve your page speed<br />
score using Google’s tools.<br />
• Mobile experience –<br />
with large proportions of<br />
traffic coming from mobile<br />
these days, it’s important<br />
that these visitors can read<br />
your content easily and<br />
navigate without issues.<br />
• Jargon – does your audience<br />
understand the technical<br />
vocabulary that is<br />
second nature to you and<br />
your colleagues? It’s important<br />
to pitch your copy correctly<br />
to avoid alienating<br />
potential customers, and<br />
to convey your human<br />
side.<br />
• The Wall – a big, solid<br />
wall of text can look overwhelming<br />
– content<br />
should be broken up with<br />
images and spacing, and<br />
skimmable thanks to subheadings<br />
and bullet points.<br />
• Boring content – even<br />
the driest topics could be<br />
made more engaging with<br />
charts, testimonials, anecdotes,<br />
videos or lists. You<br />
should also make sure you<br />
talk about the visitor and<br />
their issues – not just yourself<br />
– and aim for concise<br />
copy.<br />
• Thin content – however,<br />
when trying to make content<br />
shorter it’s easy to fall<br />
into the trap of making it<br />
too short, and not giving<br />
visitors enough information<br />
to get them to enquire.<br />
Make sure all your<br />
key points are covered.<br />
• Interruptions – popups<br />
and interstitials that interrupt<br />
the user’s browsing<br />
experience can be frustrating<br />
and can distract them<br />
from converting. This year<br />
Google also began penalising<br />
sites with mobile interstitials.<br />
• Bad writing – would you<br />
trust a website full of<br />
spelling mistakes and poor<br />
grammar? The internet is<br />
full of dodgy sites, and for<br />
many visitors this is a key<br />
indication of your quality.<br />
Proofreading is essential,<br />
because everybody makes<br />
mistakes.<br />
Most of these issues are easily<br />
fixed, so you could start<br />
seeing improvements immediately.<br />
the National Crime Agency<br />
(NCA) have identified the<br />
legal profession as a target<br />
for money launderers and<br />
continues to be at high risk<br />
from such criminals.<br />
The legal services section<br />
within the National risk assessment<br />
of money laundering<br />
and terrorist<br />
financing <strong>2017</strong>, produced<br />
by the Treasury and the<br />
Home Office, said: “Legal<br />
services remain attractive<br />
to criminals due to the credibility<br />
and respectability<br />
they can convey, helping to<br />
distance funds from their illicit<br />
source and integrate<br />
them into the legitimate<br />
economy.”<br />
The report went on to identify<br />
company formation,<br />
setting up of trusts and conveyancing<br />
to be the most at<br />
risk transactions and<br />
warned that criminals are<br />
likely to use a combination<br />
of legal services in order to<br />
blur transparency and interfere<br />
with due diligence.<br />
Following on from the government<br />
report, Donald<br />
Toon, director of prosperity<br />
(economic crime and cybercrime)<br />
at the NCA, speaking<br />
at the SRA COLP and COFA<br />
conference highlighted<br />
that solicitors are “absolutely<br />
at the front line of<br />
the detection mechanism<br />
for money laundering” but<br />
“something is not working<br />
effectively”.<br />
Mr Toon drew reference to<br />
the Criminal Finance Act<br />
<strong>2017</strong> and the greater responsibility<br />
which now lies<br />
with the profession and the<br />
increased powers of the authorities<br />
to deal with<br />
money laundering.<br />
The Compli team at Weightmans<br />
can assist firms with<br />
their AML and Criminal Finance<br />
Act policies and procedures<br />
so please do not<br />
hesitate to contact us<br />
should you require further<br />
help.<br />
SRA Publish Research on<br />
Diversity within the Profession<br />
The SRA has published research<br />
obtained by University<br />
of Leeds and Newcastle<br />
University Business School<br />
who analysed data for more<br />
than 194,000 solicitors admitted<br />
between 1970 and<br />
2006.<br />
The research shows progression<br />
from a diversity<br />
perspective highlighting an<br />
increase in females and<br />
Black, Asian and Minority<br />
Ethnic (BAME) solicitors entering<br />
the profession. That<br />
said, the data shows partnership<br />
is still male dominant<br />
with only a third of<br />
partners being female, despite<br />
making up nearly a<br />
half of all solicitors.<br />
Paul Philip, SRA Chief Executive,<br />
said: “This independent<br />
research shows that<br />
although progress has been<br />
made, the sector still has<br />
some way to go.”<br />
The SRA has also provided<br />
the following examples of<br />
good practice in an attempt<br />
to combat equality, diversity<br />
and inclusion (EDI) issues:<br />
• reviewing all policies from<br />
an EDI perspective to strip<br />
out any diversity bias<br />
• encouraging partners to<br />
take paternity leave, sending<br />
positive signals to both<br />
male and female employees<br />
• making sure EDI issues are<br />
prioritised at the top, for instance<br />
by senior management<br />
or their CEO chairing<br />
its diversity committee<br />
Consultations –Implementing<br />
the Insurance<br />
Distribution Directive and<br />
Looking to the Future<br />
The SRA is consulting on the<br />
required regulatory<br />
changes in order that the<br />
Insurance Distribution Directive<br />
can be implemented<br />
by the deadline of 23 February<br />
2018.<br />
The Insurance Distribution<br />
Directive will affect SRA authorised<br />
firms that undertake<br />
insurance mediation<br />
activities and the proposed<br />
changes are to the SRA Financial<br />
Services (Scope)<br />
Rules 2001 and the SRA Financial<br />
Services (Conduct of<br />
Business) Rules 2001.<br />
The consultation is open<br />
until 20 November <strong>2017</strong><br />
and can be found on the<br />
SRA website.<br />
The Looking to the Future<br />
(part 2) consultations are<br />
ongoing. By the time this<br />
goes to press, the COLP and<br />
COFA forum will have<br />
hosted a discussion with<br />
the Law Society to share<br />
views on these consultations<br />
and I will feed back in<br />
the next update. Anyone<br />
with any experiences or<br />
comments on what is proposed,<br />
please get in touch<br />
with myself, Fran Eccles-<br />
Bech or any other member<br />
of Council.<br />
Standard of Proof<br />
You may be aware that the<br />
SRA has for a while now<br />
been calling for the standard<br />
of proof in the SDT to<br />
be changed from the criminal<br />
to the civil standard to<br />
bring it more in line with<br />
other professional regulators.<br />
The tribunal is expected<br />
to review the<br />
standard in the near future<br />
(the BSB is looking at this<br />
also) and the Law Society<br />
has now published a discussion<br />
paper asking for members’<br />
views on the position it<br />
should adopt. It has asked<br />
for comment by 1 <strong>December</strong>.<br />
The link is here<br />
http://www.lawsociety.org.<br />
uk/News/Stories/standardof-proof-applied-by-thesdt-your-views-needed/<br />
Biggest fine at SDT ever!!<br />
The SDT has approved an<br />
agreed outcome between<br />
Locke Lord and the SRA<br />
with the firm agreeing to<br />
pay a record £500,000 fine.<br />
The fine relates to a failure<br />
to supervise a solicitor from<br />
involving himself and using<br />
the client account in transactions<br />
that bore the hallmarks<br />
of dubious financial<br />
arrangements or investment<br />
schemes.<br />
Locke Lord admitted failing<br />
to have effective systems<br />
and controls in place to spot<br />
potential conflicts of interest,<br />
and failing to prevent a<br />
solicitor from directing or<br />
requesting payments in and<br />
out of the client account<br />
which were not related to<br />
an underlying legal service.<br />
The SRA has been warning<br />
firms for a while about the<br />
risks of being involved in investment<br />
schemes and<br />
using client account as a<br />
banking facility and it now<br />
seems that the SDT is willing<br />
to impose significant<br />
fines to support the SRA’s<br />
message.<br />
An don that cheery note, I<br />
will sign off . Until next<br />
month!<br />
Michelle Garlick<br />
Chair<br />
Regulatory Affairs<br />
Committee<br />
Weightmans LLP
Forthcoming Events<br />
8 Movers & Shakers<br />
Double director hire for Pannone<br />
Corporate’s real estate team<br />
Pannone Corporate has<br />
made two senior appointments<br />
to its real estate<br />
and construction teams to<br />
service its growing number<br />
of clients in the commercial<br />
real estate sector.<br />
Garry King has joined the<br />
real estate team as a director.<br />
Garry, who acts for developers,<br />
landlords, tenants<br />
and institutional and private<br />
investors, has joined from<br />
the Manchester office of<br />
Shoosmiths and prior to<br />
that Garry worked at DWF.<br />
Neil Armstrong has also<br />
been appointed as a director<br />
in the construction<br />
team. Neil specialises in<br />
non-contentious construction<br />
issues and advises<br />
major developers, institutional<br />
investors and local<br />
authorities across the UK.<br />
Neil, who also joins from<br />
Shoosmiths in Manchester,<br />
previously worked at<br />
Weightmans and Addleshaw<br />
Goddard.<br />
Pannone Corporate managing<br />
partner Paul Jonson<br />
said: “Garry and Neil have a<br />
wealth of experience and<br />
expertise in their respective<br />
sectors and are highly regarded<br />
in their fields. I am<br />
delighted to welcome them<br />
both to the firm.<br />
“It has been a busy 12<br />
months for our teams with<br />
new client wins and an unparalleled<br />
number of transactions.<br />
These latest<br />
appointments reflect our<br />
commitment to invest in<br />
our growing commercial<br />
property team.”<br />
Garry King<br />
Manchester law firm recognises 100 years’ service<br />
Manchester-based law<br />
firm, Slater Heelis is celebrating<br />
the centenary<br />
service of three members<br />
of its Commercial Property<br />
team.<br />
Collectively, Managing Partner,<br />
Anne Irwin, along with<br />
legal secretaries, Gail Wilkinson<br />
and Angela Rogers,<br />
have reached the milestone<br />
of 100 years of service at the<br />
firm.<br />
Anne, who joined in 1982,<br />
has been with the firm for<br />
35 years and is Managing<br />
Partner of Slater Heelis’s<br />
Manchester office and a<br />
Partner in the Commercial<br />
Property team, where she<br />
specialises in residential<br />
property development,<br />
overseeing many deals<br />
across the region.<br />
Gail and Angela, who both<br />
joined as office juniors 38<br />
and 29 years ago respectively,<br />
support the 17-<br />
strong department.<br />
Chris Bishop, Managing<br />
Partner, said:“As the firm<br />
continues to grow in size,<br />
the ethos remains the same,<br />
as demonstrated by our<br />
high client and staff retention.<br />
Anne, Gail and Angela<br />
are testament to this and<br />
have been integral to our<br />
growth and success<br />
throughout the years.”<br />
Anne commented: “It’s a<br />
pleasure to work in such a<br />
supportive and positive environment.<br />
I have acted for<br />
some of my clients for over<br />
30 years and worked with<br />
many of my colleagues for<br />
20 years or more.<br />
“Everyone at the firm supports<br />
each other on a daily<br />
basis and this is reflected in<br />
the high-quality work that is<br />
consistently delivered for<br />
our clients – all the work we<br />
do is a team effort.<br />
“A lot of our staff, like Gail<br />
and Angela, have been here<br />
since a young age, working<br />
their way up to forge successful<br />
careers. We look<br />
after our staff as much as we<br />
look after our clients and<br />
that is common across all<br />
departments, with the firm<br />
achieving a 95 percent staff<br />
retention rate over the last<br />
four years.”<br />
Since 2013, Slater Heelis has<br />
doubled in size and now<br />
employs over 135 people<br />
across Manchester City Centre,<br />
Sale and Timperley.<br />
Express Solicitors recognises<br />
talented team<br />
Manchester-based personal<br />
injury law firm, Express<br />
Solicitors, has<br />
announced 15 promotions<br />
including five associate<br />
partners.<br />
Four of the new associate<br />
partners – Craig Phillips,<br />
Sarah Fowden, Jonathan<br />
Flattery and Anna Pearson –<br />
only joined Express Solicitors<br />
in 2012, taking enquiries<br />
as part of its new<br />
client team before working<br />
their way through the ranks.<br />
Anna Heeley was appointed<br />
by the firm in 2014 and<br />
quickly proved her worth at<br />
the firm thought hard work<br />
and talent.<br />
Alex Summerscales has become<br />
an Associate Advocate<br />
and Seetal<br />
Sagar-Jahnji, Simran Sathi<br />
and Daniel Brassington Associate<br />
Solicitors. Nathan<br />
Harewood, Charlotte Allan,<br />
Joe Brown, Karl Young, Rebecca<br />
Fletcher and Katie<br />
Barnes, all of whom were in<br />
the new client team only a<br />
year ago, are now starting<br />
their legal careers as Trainee<br />
Solicitors.<br />
A people driven business<br />
that is committed to training,<br />
developing and promoting<br />
from within, Express<br />
Solicitors has demonstrated<br />
an 87% retention rate with<br />
Partners, with only three<br />
leaving since the firm was<br />
founded 17 years ago.<br />
Express Solicitors’ Managing<br />
Partner, James Maxey said:<br />
“We invest in our employees<br />
from the moment they join<br />
us and there are plenty of<br />
opportunities for those that<br />
show skill and passion for<br />
personal injury law. In fact,<br />
eight of our partners have<br />
worked their way up<br />
through the ranks, starting<br />
in our new client team; nurturing<br />
talent is something<br />
we’re hugely proud of.<br />
“This has been a great year<br />
for the firm all round.<br />
We’ve just announced our<br />
best ever year end results,<br />
thanks to the dedication of<br />
the whole team in getting<br />
injured people the justice<br />
they deserve.”<br />
New Associate Partner,<br />
Jonathan Flattery said: “It’s<br />
fantastic to see that promises<br />
have been delivered.<br />
When I started at the firm<br />
only five years ago I could<br />
never have imagined I<br />
would be made into associate<br />
partner so quickly.”<br />
Express Solicitors recently<br />
announced its year-end figures<br />
increased 12% from<br />
£12.3m in 2016 to £13.75m<br />
in <strong>2017</strong>, with sister medical<br />
company Ontime Reports<br />
Limited contributing a further<br />
£3m.<br />
Express Solicitors, noted in<br />
The Legal 500 and The<br />
Lawyer UK200, specialises in<br />
personal injury and accident<br />
claims, clinical negligence<br />
claims and serious<br />
injury cases and comprises<br />
198 employees including 78<br />
fee earners and 22 partners.<br />
Standing L-R: Jonathan Flattery Anna Heely Craig Phillips<br />
Sitting L-R: Sarah Fowden and Anna Pearson<br />
COUNTY COURT MONEY CLAIMS CENTRE<br />
Details of processing and reply times for work at the County Court Money Claims Centre<br />
(Salford) and the County Court Business Centre (Northampton) can now be found at<br />
https://www.gov.uk/guidance/hmcts-civil-business-centres-performance-information<br />
The information will be updated every Monday.<br />
Angela Rogers, Anne Irwin and Gail Wilkinson<br />
The website aims to manage expectations so that firms can better advise their clients and<br />
control their diaries.
Clough & Willis grows team with<br />
two appointments<br />
Law firm Clough & Willis<br />
has grown its team with<br />
the appointments of Rhianna<br />
Bateson and Jack<br />
Trickett.<br />
Rhianna has joined as a private<br />
client solicitor and will<br />
be specialising in wills, inheritance<br />
tax planning, probate<br />
and estate<br />
administration as well as<br />
Lasting Powers of Attorney<br />
and Court of Protection<br />
matters. Rhianna, who is a<br />
member of the Solicitors for<br />
the Elderly, graduated with<br />
first class law degree from<br />
UCLAN in 2012. She completed<br />
her Legal Practice<br />
Course in 2006, started her<br />
training contract in July<br />
2014 and qualified in July<br />
2016. She joins Clough &<br />
Willis from JWK Solicitors.<br />
The second new starter,<br />
Jack Trickett, is the firm’s<br />
newest paralegal. Jack will<br />
initially be based in the<br />
Property department and<br />
Follow Manchester Law<br />
Society on Instagram<br />
@manchesterlawsociety<br />
Movers & Shakers 9<br />
Jack Trickett and Rhianna Bateson<br />
will then be working across<br />
the business in rotation.<br />
He graduated from Manchester<br />
Metropolitan University<br />
and completed his<br />
Legal Practice Course a year<br />
later at Manchester Law<br />
School.<br />
Shefali Talukdar – managing<br />
partner of Clough & Willis –<br />
commented: “We are delighted<br />
to welcome Rhianna<br />
and Jack to firm. Their arrival<br />
is great news and we look<br />
forward to seeing them<br />
making their mark with<br />
their colleagues and clients.”<br />
Rhianna added: “Clough &<br />
Willis is a fantastic firm that<br />
is both client and community<br />
focused, so both myself<br />
and Jack are thrilled to now<br />
be part of the team.”<br />
Bromleys wins pride of Tameside<br />
Business Award<br />
Law firm Bromleys has<br />
won a business award<br />
which recognises its commitment<br />
to its staff and involvement<br />
in the wider<br />
community.<br />
The firm won the corporate<br />
social responsibility accolade<br />
at the Pride of Tameside<br />
Business Awards, which<br />
were presented at a gala<br />
dinner at Dukinfield Town<br />
Hall hosted by BBC Radio<br />
and TV presenter Andy<br />
Crane.<br />
In their comments, the<br />
award judges said they<br />
were impressed with Bromleys<br />
for its investment in<br />
staff and across the wider<br />
community.<br />
“They have a breadth of involvement<br />
in local good<br />
causes, supporting with<br />
time, skills and money,<br />
backed up by a genuine engagement<br />
of staff in these<br />
projects,” the panel said.<br />
Bromleys provides free legal<br />
surgeries each week at its<br />
offices in Ashton-under-<br />
Lyne, and monthly at a local<br />
women’s centre.<br />
The firm is sponsoring Curzon<br />
Ashton FC’s home shirts<br />
this season and is raising<br />
money for The Anthony<br />
Seddon Fund, which is<br />
based in Ashton and supports<br />
people with mental<br />
health problems, as its charity<br />
of the year for <strong>2017</strong>.<br />
Bromleys also backs a number<br />
of other charities and<br />
provides work experience<br />
and placements for students<br />
at Clarendon Sixth<br />
Form College in Ashton.<br />
Marketing associate Carol<br />
Parker has joined the Ashton<br />
Town Team’s executive<br />
committee as treasurer. The<br />
team promotes the town’s<br />
social, economic, cultural<br />
and environmental regeneration.<br />
Meanwhile, Bromleys’ commitment<br />
to staff was recognised<br />
earlier this year with<br />
the retention of its Investors<br />
in People Gold status.<br />
Mark Hirst, senior partner at<br />
Bromleys, said: “We are<br />
proud of our strong ties<br />
with the communities of<br />
Tameside and are passionate<br />
about helping others, by<br />
giving up our free time as<br />
well as through sponsorship,<br />
donations and sharing<br />
knowhow.<br />
“We take our corporate social<br />
responsibilities seriously<br />
while having fun at the<br />
same time, and our activities<br />
help to boost staff engagement<br />
across the firm.<br />
“We are delighted to be<br />
recognised for our commitment<br />
with this Pride of<br />
Tameside business award.”<br />
Browne Jacobson to help shape technical<br />
education with key DfE panel appointment<br />
Browne Jacobson is set to<br />
play a major role in shaping<br />
the Government’s new<br />
T level qualification for<br />
the legal sector after its<br />
head of legal support<br />
services, Sally Swift was<br />
appointed to an influential<br />
panel to support its<br />
development and launch.<br />
The T level, which was announced<br />
by Education Secretary<br />
Justine Greening in<br />
October, is a new qualification<br />
launching in 2020 in<br />
digital, construction, education<br />
and childcare and will<br />
be available as a Legal, Finance<br />
and Accounting<br />
route (amongst others) in<br />
2021. The Government<br />
promises that the new<br />
routes which are expected<br />
to be delivered via apprenticeship<br />
routes only, will<br />
transform the current technical<br />
education landscape,<br />
paving the way for younger<br />
people to study a technical<br />
subject at level 3 – the<br />
equivalent to A level.<br />
Sally’s role on the panel will<br />
see her work with the Chair<br />
and other panel members<br />
which is made up of specialist<br />
industry professionals<br />
and employers to improve<br />
the current technical education<br />
and industry standards.<br />
The panel will develop the<br />
pathways, ensuring that the<br />
new T levels will prove just<br />
as valuable as an A Level<br />
and will be responsible for<br />
outlining the content that<br />
the new technical qualifications<br />
will be made up of –<br />
knowledge, skills and behaviours,<br />
as well as advising<br />
on the wider T level reform<br />
programme including further<br />
qualifications and ensuring<br />
these qualifications<br />
Brabners’ Trainee Programme named<br />
friendliest in the UK<br />
Brabners' trainee programme<br />
has been ranked<br />
as one of the highest performing<br />
in the country, according<br />
to a nationwide<br />
survey from student legal<br />
careers advisor Lex100.<br />
According to this year's report,<br />
Brabners is the highest<br />
scoring firm for friendliness<br />
and placed in the top 20 for<br />
stress level and work-life<br />
balance.<br />
The annual rankings take<br />
into account more than<br />
3,000 anonymous responses<br />
from trainees at<br />
165 legal practices from<br />
across the UK. The survey<br />
asks respondents to score<br />
their firm in a variety of<br />
areas, including job satisfaction<br />
and company culture.<br />
serve the needs of the employers.<br />
Education Secretary Justine Greening said: “We are transforming<br />
technical education in this country, developing our<br />
home grown talent so that our young people have the<br />
world class skills and knowledge that employers need.”<br />
Sally Swift added: “I am really privileged to have secured a<br />
place on this panel. It is fantastic to be able to support the<br />
Government’s vision of upskilling the younger generation<br />
and giving them exciting employment, training and learning<br />
opportunities as well as ensuring employers are being<br />
offered high quality employees who have both the knowledge<br />
and the skills to work in their organisation.”<br />
Sally, who has worked in claimant and defendant management<br />
for nearly 25 years, is responsible for performance<br />
management, project delivery of Browne Jacobson's Apprenticeships<br />
and Legal Academy talent development programme<br />
and the introduction of the firm’s client project. She<br />
is part of the Paralegal Trailblazer group and the lead in the<br />
firm’s successful apprenticeship programme which<br />
launched in 2012 in partnership with CILEx Law School and<br />
Vision Apprenticeships. She also acts in a mentoring capacity<br />
to the apprentices. Browne Jacobson was one of the first<br />
law firms in the country to launch an apprenticeship<br />
scheme.<br />
Dr Tony Harvey, director of<br />
training at Brabners, said:<br />
"Our trainee programme is a<br />
fundamental part of the<br />
firm's long-term plan for<br />
sustainable growth. We're a<br />
business built on finding<br />
and nurturing talent, so this<br />
recognition from Lex100<br />
means a huge amount to us.<br />
"Our trainees are a vitally<br />
important and valued part<br />
of the team here so we are<br />
very focussed on continuing<br />
to invest in their development<br />
and enabling them<br />
to fulfil their potential.”<br />
In <strong>2017</strong>, the firm has taken<br />
on more than two thirds of<br />
its recently graduated<br />
trainees as newly qualified<br />
lawyers.<br />
Sally Swift<br />
Dr Tony Harvey<br />
Lex100 interviewed several<br />
of Brabners’ current trainees<br />
as part of its assessment,<br />
with many commending<br />
“the variety and quality of<br />
work”, “the impressive client<br />
base”, and the “genuine emphasis<br />
on trainees maintaining<br />
a good work/life<br />
balance.”
Forthcoming Events<br />
10 Movers & Shakers<br />
Law firm celebrates 40 years of success<br />
The national law firm,<br />
Stephensons, is celebrating<br />
its 40 years of legal<br />
services this month.<br />
The firm, which was established<br />
from the kitchen<br />
table of a terraced house in<br />
Golborne, now employs<br />
more than 450 staff from<br />
seven offices, including its<br />
largest at Wigan Investment<br />
Centre, which is home to<br />
the firm’s litigation, family,<br />
conveyancing, crime, regulatory<br />
and civil liberties<br />
teams.<br />
Since its foundation as<br />
Stephensons & Co. in 1977,<br />
the firm has helped hundreds<br />
of thousands of<br />
clients, whether helping<br />
them out of a tight spot or<br />
helping them to fulfil their<br />
personal and business aspirations.<br />
Stephensons now<br />
assists more than 25,000<br />
people per year.<br />
The firm is considered to be<br />
one of the region’s great<br />
success stories, achieving<br />
tier-one status with the<br />
Legal 500 – the definitive<br />
guide to the legal sector –<br />
and being rated as a ‘Top-<br />
150’ law firm by The Lawyer<br />
guide. In 2015, Stephensons<br />
was shortlisted as one of the<br />
most innovative legal companies<br />
in Europe by The Fi-<br />
nancial Times.<br />
A further accolade followed<br />
in 2016 with the coveted ‘Investors<br />
In People Gold’ standard<br />
in recognition of the<br />
firm’s exceptional achievements<br />
in and commitment<br />
to management. Only three<br />
per cent of IIP accredited<br />
companies are awarded the<br />
Gold standard.<br />
Taking pride in ‘homegrown’<br />
talent<br />
For many, however, what<br />
sets Stephensons apart<br />
from others is the almost religious<br />
commitment to personal<br />
development, at all<br />
levels of the firm. This<br />
means that there is a larger<br />
number of ‘home-grown’<br />
talent than might be found<br />
elsewhere, with some taking<br />
unconventional routes<br />
to senior positions.<br />
This is certainly true of<br />
Stephensons’ Chairwoman,<br />
Ann Harrison who joined<br />
Stephensons in 1991 as an<br />
assistant solicitor in the<br />
firm’s personal injury department.<br />
“I never set out to be a<br />
lawyer”, Ann explains, “I<br />
haven’t got a law degree! It<br />
was only through doing a<br />
couple of university modules<br />
on employment law -<br />
as part of my Business Studies<br />
degree - that my love for<br />
the law began.<br />
“I became head of personal<br />
injury law after a couple of<br />
years and was made partner<br />
in 1993. By 2002, I was<br />
asked to step up to the senior<br />
management team.<br />
“The people who work here<br />
are absolutely fantastic –<br />
they really make the most of<br />
themselves. We’ve seen<br />
some really good examples<br />
of career development over<br />
the years, particularly<br />
among those who have<br />
started their legal careers<br />
here. There are some real<br />
success stories with over<br />
50% of our partners starting<br />
life as graduate clerks with<br />
the firm.”<br />
From brewing up, to<br />
boardroom<br />
Andrew Leakey, Head of<br />
Dispute Resolution and a<br />
partner, started at Stephensons<br />
when he was just 17<br />
years old: “My first job was<br />
making brews for the accounts<br />
team – I wasn’t very<br />
good at it, to be honest! But<br />
I made cups of tea and<br />
crunched data. That was my<br />
first job.<br />
A regional first for leading Manchester<br />
law firm<br />
Manchester law firm,<br />
Slater Heelis has become<br />
the only firm in the North<br />
West to have two prestigious<br />
Court of Protection<br />
Panel Deputies.<br />
Katharine Peterson has<br />
joined Slater Heelis and will<br />
work alongside experienced<br />
Panel Deputy and Court of<br />
Protection solicitor Chris<br />
Partington, the Head of the<br />
firm’s Private Client team.<br />
Slater Heelis’s Panel<br />
Deputies are appointed by<br />
the Office of the Public<br />
Guardian and are enrolled<br />
on to a respected, court-approved<br />
list. The courts can<br />
choose deputies from this<br />
list in lieu of an able or willing<br />
volunteer to act for a<br />
person who lacks the mental<br />
capacity to manage their<br />
own affairs.<br />
Katharine spent 12 years<br />
heading up the Court of<br />
Protection team at specialist<br />
serious injury solicitors Potter<br />
Rees Dolan, and will enhance<br />
the team with her<br />
wealth of experience in supporting<br />
younger clients<br />
who have suffered severe<br />
injuries.<br />
Chris Partington, said: “To<br />
be recognised by the Office<br />
of Public Guardian is extremely<br />
important and<br />
something that is hugely<br />
valuable to our clients. The<br />
fact that Slater Heelis now<br />
has two Panel Deputies,<br />
more than any other firm in<br />
the North West, reaffirms<br />
our commitment to providing<br />
the best possible legal<br />
support to individuals who<br />
can no longer manage their<br />
own affairs.<br />
“Katharine’s vast experience<br />
in supporting a younger<br />
client base, especially children<br />
and young adults<br />
who’ve suffered severe<br />
brain injuries due to accidents,<br />
assault or clinical<br />
negligence, will be a great<br />
asset to our team.”<br />
Katharine commented: “I<br />
joined Slater Heelis because<br />
the firm is well-respected<br />
for its excellent service for<br />
clients and there was a<br />
great opportunity to develop<br />
the Court of Protection<br />
work even further. The<br />
team has done an amazing<br />
Katharine Peterson<br />
job supporting clients who<br />
struggle with a mental capacity<br />
and I’m looking forward<br />
to adding to its<br />
success.”<br />
Slater Heelis is a full-service<br />
firm offering a range of legal<br />
services including Private<br />
Client, Company Commercial,<br />
Employment, Personal<br />
Injury, Residential and Commercial<br />
property and Family<br />
Law. The firm employs over<br />
135 people across Manchester<br />
City Centre, Sale and<br />
Timperley.<br />
“I later came back on a university<br />
vacation scheme as a<br />
student, then got a training<br />
contract and qualified as a<br />
solicitor. I’m now a partner.<br />
“The reason I’ve stayed for<br />
all this time is simply that –<br />
as a firm – we look after<br />
people. We’re not a firm that<br />
wants to burn people out or<br />
push them to breaking<br />
point. It’s not good for the<br />
staff and ultimately it’s not<br />
good for the clients when<br />
their solicitors are working<br />
in that environment.<br />
“We’re very focussed on the<br />
work-life balance.”<br />
In Andrew’s opinion, another<br />
aspect of the firm’s<br />
success is the belief in the<br />
power of the services it provides.<br />
“I think it’s very important to<br />
believe in what you do and<br />
believe in the place that you<br />
work. You spend a lot of<br />
Roberts Jackson solicitors,<br />
the industrial disease experts,<br />
are delighted to announce<br />
that they are<br />
finalists in the Eclipse Proclaim<br />
Modern Law Awards<br />
<strong>2017</strong>/18.<br />
The firm has been shortlisted<br />
for the Client Care Initiative<br />
of the Year, a<br />
category which is dear to<br />
the hearts of its founders as<br />
their original motivation<br />
was to build a firm that truly<br />
had the interests of its<br />
clients at its heart.<br />
The award organisers complimented<br />
all of those shortlisted,<br />
stating “the judges<br />
Ann Harrison<br />
your life in that working environment<br />
and it’s important<br />
that your ‘nine to five’<br />
means something. Staff<br />
need to see the good their<br />
work achieves and that is<br />
something we are able to<br />
provide.”<br />
Planning for the future<br />
Like many legal firms,<br />
Stephensons has been required<br />
to adapt to an ever<br />
changing business environment;<br />
not only addressing<br />
the evolving needs of its<br />
clients, but the demands of<br />
government and regulators.<br />
In particular, the firm’s recent<br />
transformation, from a<br />
firm predominantly dependent<br />
on legal aid work,<br />
towards catering for privately<br />
funded cases, has allowed<br />
it to adapt and thrive<br />
in a period of government<br />
reform. While competitors<br />
have struggled, Stephensons<br />
has diversified and<br />
Roberts Jackson shortlisted for<br />
national Client Care Award<br />
were inundated with submissions<br />
once again this<br />
year, so huge congratulations<br />
are in order!”<br />
Roberts Jackson has won<br />
five awards and been shortlisted<br />
for ten so far this year<br />
alone.<br />
The Modern Law Awards<br />
ceremony will take place at<br />
the Lancaster Hotel in London<br />
on 18 January<br />
Client care has been the priority<br />
for Roberts Jackson<br />
from Day One and this focus<br />
has resulted in a highly successful<br />
law firm that stands<br />
out from the crowd.<br />
continued to grow – most<br />
recently expanding into<br />
London.<br />
For Ann Harrison, the firm is<br />
ideally placed to face the<br />
challenges the next 40 years<br />
will bring.<br />
“One of the true strengths<br />
of this firm is our ability –<br />
and willingness – to evolve<br />
and be innovative.<br />
“Stephensons has faced<br />
some enormous changes<br />
through its history: the way<br />
cases are funded; the needs<br />
and wants of our clients; the<br />
advent of the internet and<br />
new technology.<br />
“That the firm is still around<br />
today, and thriving, is because<br />
we are constantly<br />
looking ahead – anticipating<br />
challenges and changes,<br />
rather than reacting to<br />
them. That’s what makes<br />
Stephensons a success.”<br />
Roberts Jackson has never<br />
followed existing pathways<br />
for law firms, preferring to<br />
develop its own processes<br />
and procedures to get the<br />
best results for clients.<br />
With an average age of 31,<br />
the diverse workforce at<br />
Roberts Jackson is energetic<br />
and dynamic, and celebrates<br />
each success as one<br />
team with gusto.<br />
The drive to obtain justice<br />
for clients is palpable and<br />
this energy comes across,<br />
leaving clients feeling cared<br />
for and in safe hands at<br />
every stage of their legal<br />
journey.
Interview 11<br />
Meet the President of the Law Society<br />
President of the Law Society, Joe Egan has been in<br />
office for four months. He talks to Julia Baskerville<br />
about the highlights so far and the challenges<br />
facing the profession...<br />
Bolton-born Joe studied Sociology and Economic History<br />
at Kent University and on graduation had little<br />
ambition, other than to see the world. Which he did.<br />
Having worked on a Kibbutz in Israel for a year, as a<br />
waiter in Germany and as a bus driver in Bolton, in<br />
1975 Joe set off on a trip which took him through<br />
Iran, Afghanistan, Pakistan, India and Burma as he<br />
headed towards Australia where he spent 15 months.<br />
He then moved to New Zealand where he honed his<br />
skills as a waiter for another 3 months. Next stop on<br />
his itinerary was Chile and he travelled extensively<br />
through South and Central America, before finally<br />
hitchhiking his way through the USA to New York.<br />
Joe then decided he should get a “proper job” and opted<br />
for a career in the law and enrolled at Nottingham Trent<br />
University for two years where he completed the CPE and<br />
Law Society Finals. He did his articles with Bolton firm<br />
Cyril Morris Arkwright where he stayed for 18 months and<br />
then moved to Betesh Fox in Manchester to complete his<br />
training, qualifying as a solicitor in 1982.<br />
Joe worked for a short while at Aspinalls, a conveyancing<br />
practice, before joining crime-specialists Burns Bowman<br />
in Manchester. He then returned to Bolton where he<br />
spent a year with Stephensons. In 1986 he opened the<br />
doors of Joe Egan Solicitors. Having been a sole practitioner<br />
with salaried partners, last year the firm became a<br />
company with five directors. The firm also has four assistant<br />
solicitors, two trainees as well as several trainee legal<br />
executives. Joe became the first solicitor in Bolton to<br />
achieve the right to appear in the Crown Courts when he<br />
was granted Higher Rights of Audience in 1995.<br />
Joe has been active with Bolton Law Society since 1987<br />
and gradually became more involved in the committee,<br />
becoming President in 2010. He joined the Council of the<br />
Law Society in 2006 when Ed Nally, the Council Member<br />
for Central Lancashire stepped down.<br />
Four months into the job and Joe says he is enjoying representing<br />
the profession. The last few months have seen<br />
him visit Sydney for the International Bar Association<br />
Conference. The highlight of this trip was a dinner which<br />
was hosted in the office of the Consul General’s office,<br />
which had the iconic view of the harbour and Sydney<br />
Opera House. He has also visited Canada for the Union de<br />
International Advocats Conference and the LawAsia Conference<br />
was held recently in Tokyo. These overseas trips<br />
are important – the jurisdiction of England of Wales and<br />
our legal services are a vital export for the UK.<br />
Closer to home Joe has hosted a delegation from China,<br />
which included the Vice Minister of Justice. Joe also recently<br />
hosted the annual Law Society Excellence Awards,<br />
of which he says “The Excellence Awards highlight the<br />
professionalism, dedication and excellence in the legal<br />
profession and it was a great honour to be able to meet<br />
these firms and individuals who are outstanding in their<br />
fields of the law.”<br />
Another great pleasure is admitting newly qualified solicitors<br />
onto the roll at the Admission Ceremonies and last<br />
month he was delighted to admit his nephew Thomas<br />
Egan, a solicitor in his own firm, to the legal profession.<br />
Joe says that there are many challenges for the profession,<br />
and in particular High Street practices. The cuts in<br />
criminal law fees and the reduction in the number of<br />
pages that law firms can claim for down to 6000 instead<br />
of 10000 will mean that many firms will be working for<br />
nothing and could essentially remove all profitability. In<br />
addition, the proposals to raise the small claims limit to<br />
£5000 will have a huge impact on PI firms and the Law<br />
Society’s concern is that this will decimate the High Street<br />
practices.<br />
Another major concern are the proposals by the SRA to<br />
make radical changes to the Solicitors Handbook. Joe<br />
states that the Law Society has major concerns about<br />
some of the proposals which could see solicitors subject<br />
to entirely different regulations depending on where<br />
they practise. This could create a new tier of solicitors,<br />
working in unregulated businesses, who wouldn't have<br />
to have the same insurance or pay into the solicitors’ compensation<br />
fund.<br />
The proposals also included allowing newly qualified solicitors<br />
to set up their own firms immediately after qualification.<br />
Joe says “The removal of the rules which prevent<br />
solicitors establishing their own firms immediately after<br />
they qualify could put vulnerable clients with complex<br />
legal problems in the hands of inexperienced, unsupervised<br />
lawyers. This cannot be a good thing.”<br />
Joe is a great advocate for local law societies and hopes<br />
to publish a Local Law Society Handbook later in the year,<br />
which will provide practical advice on best practice and<br />
how to attract new members. With 30 years experience<br />
of local law societies he has seen many grow and flourish,<br />
whilst others have become moribund and this is<br />
often an indication of the people involved. He is pleased<br />
to see that a new local law society has recently been established<br />
in South Cheshire.<br />
So far Joe says that he loves being President of the Law<br />
Society and thought that he was prepared for his year of<br />
office but adds that he hadn’t realised just how intense<br />
the role was, often with meetings starting at 8am and<br />
continuing late into the evening. Joe is due to host a dinner<br />
for Baroness Hale and the Lord Chief Justice and says<br />
that he is honoured to be representing the profession at<br />
this level.<br />
Joe is now lives mainly in Carey Street, round the corner<br />
from the Law Society, but some weekends finds the time<br />
to return home to Bolton. He occasionally gets to watch<br />
Bolton Wanderers or Manchester City an experience he<br />
characterized as like going from watching a play at<br />
Bolton Octagon to the Royal Shakespeare Company. He<br />
is married to Clare and they have three children. Their eldest<br />
daughter, Kate, is a solicitor in Bristol and their<br />
younger daughter, Helen, is the firm’s assistant practice<br />
manager. Son, Ben is in his final year at UCL where he is<br />
studying Biology.<br />
Joe’s other passion in life, apart from football, is music. He<br />
describes his musical tastes as “eclectic’, taking in folk,<br />
rock and classical, but adds that he has yet to understand<br />
the appeal of jazz. He has been a regular attendee at both<br />
the Cropredy and Wychwood Festivals, although this year<br />
music has had to take a back seat!<br />
Joe Egan<br />
President of the Law Society
12 Movers & Shakers<br />
MLP Law appoints new head of Dispute Resolution<br />
Altrincham based solicitors,<br />
MLP Law, have<br />
strengthened its leadership<br />
team with a new<br />
head of Dispute Resolution,<br />
Elizabeth Wilkinson.<br />
Former Pannone Corporate<br />
solicitor, Elizabeth brings almost<br />
20 years’ experience of<br />
managing disputes, acting<br />
on a diverse range of commercial<br />
contract disputes,<br />
professional negligence actions<br />
and claims arising<br />
from the sale and purchase<br />
of businesses.<br />
Elizabeth will now assist in<br />
the development of MLP’s<br />
growing department and<br />
look to help MLP Law<br />
achieve its strategic vision.<br />
Managing Partner of MLP<br />
Law, Stephen Attree, stated,<br />
“We welcome Elizabeth’s experience<br />
and professionalism<br />
to the team. She has<br />
demonstrated a robust approach,<br />
is commercially astute,<br />
and focused on<br />
achieving successful outcomes,<br />
as quickly as possible.”<br />
He added, “we’re here to<br />
support our clients through<br />
what are often difficult<br />
times and I know Elizabeth’s<br />
advice and help is exactly<br />
what they look for when<br />
they turn to the team at<br />
MLP.<br />
The new appointment follows<br />
a continued period of<br />
growth for the company, acquiring<br />
law firm William H<br />
Lill earlier in the year. With a<br />
total of 38 team members,<br />
the solicitors look to further<br />
focus on supporting their<br />
existing client base, while<br />
maintaining the traction of<br />
acquiring new business.<br />
Ann Stephen Attree, Managing Partner at MLP Law, welcomes Elizabeth to the<br />
MLP team as head of Dispute Resolution.<br />
Mills & Reeve invests in Manchester real estate<br />
team with two new partners<br />
Leading national law firm<br />
Mills & Reeve has announced<br />
two new lateral<br />
hires for the firm’s real estate<br />
team in Manchester.<br />
Mike Edge and Rachel Pitman<br />
join the firm from<br />
Pinsent Masons.<br />
Mike is a well-known and respected<br />
real estate lawyer in<br />
the North West and has<br />
worked for a number of<br />
high profile clients, including<br />
significant developers<br />
and investors, as well as<br />
substantial occupier clients.<br />
He successfully led the Manchester<br />
real estate team at<br />
Pinsent Masons for seven<br />
years, overseeing many<br />
landmark deals and<br />
schemes.<br />
Rachel Pitman is a real estate<br />
partner with significant<br />
experience in the North<br />
West region. Rachel has<br />
acted on a number of high<br />
profile investment properties<br />
in Manchester and has<br />
advised clients on strategically<br />
important development<br />
sites in the region. Her<br />
project management expertise<br />
and skills provide<br />
clients with a speedy and efficient<br />
service from cross<br />
sector disciplines.<br />
The appointments are part<br />
of Mills & Reeve’s plan to<br />
grow their already successful<br />
national real estate practice<br />
and demonstrates their<br />
commitment to Manchester<br />
and the North West.<br />
Beverley Firth, who leads<br />
the national real estate<br />
team for Mills & Reeve, said:<br />
“Manchester’s real estate<br />
sector has demonstrated its<br />
strength and resilience in<br />
the face of challenging economic<br />
times and the uncertainty<br />
caused by Brexit.<br />
Residential developments<br />
have fared particularly well;<br />
the recent Deloitte Crane<br />
Survey recorded 22 new developments<br />
starting on site<br />
in the North West in the past<br />
year, up from the previous<br />
high of 14 in 2008, surpassing<br />
even pre-recession levels.<br />
“This paints a really positive<br />
picture of the sector and we<br />
believe now is the ideal<br />
time to invest in our practice<br />
in the North West. The<br />
appointment of Mike and<br />
Rachel will help us achieve<br />
our aim of growing our real<br />
estate team to in turn help<br />
businesses and organisations<br />
in Manchester and the<br />
North West assure further<br />
strong growth.”<br />
Mills & Reeve’s strategy to<br />
offer real estate clients in<br />
the North West an innovative<br />
service, completing<br />
complex and high value<br />
work, will be further bolstered<br />
by the lateral hires.<br />
Justin Ripman, Senior Partner<br />
at the firm said: “This is<br />
yet another significant development<br />
in our real estate<br />
team following our merger<br />
with Maxwell Winward earlier<br />
in the year.<br />
The expansion of our Manchester<br />
team will further enhance<br />
our national network<br />
of real estate experts.”<br />
The North West is a region<br />
with fantastic prospects for<br />
forward-thinking businesses<br />
and we aim to be at<br />
the forefront, helping our<br />
real estate clients gain access<br />
to these opportunities<br />
as well as providing an excellent<br />
service that can support<br />
them locally, regionally<br />
and nationally.”<br />
Shoosmiths Manchester Champions<br />
Workplace Transformation<br />
Head of Shoosmiths Manchester,<br />
Vaqas Farooq has<br />
revealed how the office<br />
has benefitted from<br />
heightened efficiency,<br />
stronger recruitment pull<br />
and more streamlined<br />
business processes since<br />
moving into its new purpose<br />
designed collaborative<br />
workspace at XYZ in<br />
the city centre.<br />
Vaqas was speaking at a<br />
seminar, jointly hosted by<br />
Shoosmiths and award-winning<br />
interior design and fitout<br />
specialists, Claremont<br />
who designed and built the<br />
innovative workspace project<br />
for the leading law firm.<br />
The event provided an invited<br />
audience of Manchester<br />
business leaders with<br />
insight and practical advice<br />
around transforming workspaces<br />
to drive better business<br />
performance.<br />
Guests were given a guided<br />
tour of Shoosmiths’ innovative<br />
two-floor workspace,<br />
which includes a variety of<br />
different work environments,<br />
tailored to suit the<br />
firm’s activities and to maximise<br />
collaboration.<br />
The tour was accompanied<br />
by presentations from<br />
Vaqas Farooq and Claremont’s<br />
lead designers, who<br />
explained the rationale behind<br />
Shoosmiths’ new workspace<br />
and its outcomes. The<br />
speakers provided insight<br />
around how to develop engaging<br />
workspaces that<br />
help to attract and retain<br />
the best talent, how to create<br />
a future-proofed workspace<br />
that evolves as a<br />
company grows and how to<br />
increase capacity across an<br />
office estate whilst building<br />
in flexibility and longevity.<br />
Vaqas Farooq said, ‘We are<br />
very proud to be blazing a<br />
trail for law firms in the city,<br />
when it comes to rethinking<br />
the way our industry works<br />
and we wanted to share<br />
what we have learned by<br />
helping to bring the ‘agile’<br />
approach to life for other<br />
businesses in the region.<br />
The event gave us the opportunity<br />
to showcase our<br />
new offices in an educational<br />
manner that we hope<br />
will help inform future decisions<br />
the business community<br />
makes around<br />
workspace design.<br />
“We are already reaping numerous<br />
benefits as a result<br />
of our investment into a<br />
progressive workspace. Our<br />
agile culture, that empowers<br />
our teams to decide how<br />
and where they work, is<br />
helping us to attract and retain<br />
high-calibre employees,<br />
for instance. And our<br />
focus on collaborative working,<br />
enabled by technology<br />
and dedicated workspace,<br />
has resulted in more effective<br />
team work, scaling expertise<br />
and improving<br />
colleague productivity and<br />
well-being.”<br />
Vaqas Farooq<br />
Sarah-Jane Osborne, design<br />
and workspace strategy director<br />
for Claremont said:<br />
“Shoosmiths has fully embraced<br />
the very latest in<br />
workspace thinking to increase<br />
productivity, collaboration<br />
and effectiveness for<br />
both the business and its<br />
clients. Adopting this progressive<br />
approach has put<br />
Shoosmiths ahead of the industry<br />
change curve and<br />
makes the firm a prime example<br />
of how workplace investment<br />
should have<br />
people and processes at its<br />
heart.”<br />
Shoosmiths’ new Manchester<br />
office occupies 32,000 sq<br />
ft of space at XYZ in Spinningfields.<br />
It incorporates<br />
eleven different types of<br />
workspace along with<br />
break-out areas. Workspaces<br />
include a garden,<br />
working library, multi-zonal<br />
project room, drafting areas,<br />
huddle booths and telecon<br />
rooms. Each of the office’s<br />
five practice groups have<br />
their own ‘neighbourhoods’,<br />
which incorporate some traditional<br />
desk space, along<br />
with team and collaborative<br />
areas.
Interview 13<br />
My Other Life<br />
In this edition Andrew Twambley of Amelans Solicitors<br />
and Chair of A2J talks to Julia Baskerville about his<br />
passion for music and photography...<br />
Andrew Twambley is a<br />
well-known figure in the<br />
Manchester legal community,<br />
through his work<br />
with the injurylawyers4u<br />
and Access 2 Justice (A2J),<br />
which leads the campaign<br />
against government reforms,<br />
which could limit<br />
access to justice for those<br />
who have suffered injuries.<br />
Yet away from the<br />
law, Andrew has more<br />
rock n’roll lifestyle.<br />
Andrew has always enjoyed<br />
music and his first job as a<br />
teenager was working at<br />
Cobweb Records in Cleveleys<br />
on the Fylde Coast. One<br />
of his co-workers was Jeff<br />
Smith who went on to become<br />
controller of Radio 2<br />
and BBC 6 Music.<br />
Whilst at still at Fleetwood<br />
Grammar School, Andrew<br />
and other pupils assisted in<br />
arranging an end of term<br />
party at the Winter Gardens<br />
in Blackpool and were given<br />
the princely sum of £26 to<br />
book some entertainment.<br />
£4 was spent booking the<br />
support act “Bob Kerr’s<br />
Whoopie Band“ and with<br />
the remaining £22 booked<br />
an up and coming band.<br />
Ironically, the week before<br />
the party, they appeared on<br />
Top of the Pops and Andrew<br />
says they really didn’t think<br />
that they would show up for<br />
a school party. But true to<br />
their word, Queen arrived in<br />
a battered old van and put<br />
on a great show.<br />
Andrew says that until the<br />
mid 1970s his music tastes<br />
were limited to Slade, Bowie<br />
and other glam rockers, and<br />
even David Essex, but the<br />
advent of Punk opened a<br />
whole new world.<br />
In 1976 Andrew went to Liverpool<br />
Polytechnic and<br />
found “Eric’s” - the iconic<br />
music venue on Matthew<br />
Street, where Andrew says,<br />
“I was reborn”. All of the<br />
great punk bands performed<br />
at Eric’s, including<br />
the Clash, The Jam, Buzzcocks,<br />
The Slits, The Ramones,<br />
and Joy Division to<br />
name but a few.<br />
After graduating from Liverpool<br />
Poly, Andrew followed<br />
the Clash to the States, taking<br />
photographs, which<br />
meandered across the<br />
country ending in Monterey,<br />
near San Francisco<br />
with a gig which also included<br />
Robert Fripp, Brian<br />
Eno and Peter Tosh.<br />
Once back in the UK, Andrew<br />
trained as a solicitor in<br />
Manchester at an old established<br />
firm on John Dalton<br />
Street. He joined Amelans in<br />
1989 and is now the managing<br />
partner.<br />
In 2000 Andrew reignited<br />
his interest in photography.<br />
He met Martin Kemp of<br />
Spandau Ballet who invited<br />
him to come and take some<br />
photographs of the band.<br />
Andrew now spends a couple<br />
of evenings a week at<br />
some of Manchester’s greatest<br />
music venues where he<br />
photographs both well established<br />
bands and up and<br />
coming musicians. He says<br />
“My music tastes have<br />
widened over the years, but<br />
I still have that punk mentality.”<br />
Andrew is official photographer<br />
for the 02 Ritz Manchester,<br />
but also covers The<br />
Apollo, Manchester Arena<br />
and smaller venues such as<br />
Gorilla and The Deaf Institute.<br />
He shoots for “Counterfeit”<br />
magazine and will<br />
shortly be shooting the<br />
“Louder than Words” festival,<br />
organised by John<br />
Robb, a former customer at<br />
Cobweb Records<br />
Andrew is also a keen poultry<br />
keeper and currently<br />
owns 50 chickens, the majority<br />
of whom have names.<br />
All of the males or “cocks”<br />
are called “Martin”, ,…..and<br />
NO he does not eat “his<br />
girls”<br />
Vintage Trouble<br />
John Cooper Clarke<br />
The Bay City Rollers<br />
The changing nature of the legal professional<br />
There’s little doubt that the nature of work is shifting at an unprecedented<br />
rate, and the legal profession is no exception. With<br />
artificial intelligence arriving on the scene offering firms the<br />
ability to automise many process driven roles, coupled with intense<br />
competition for jobs, legal professionals can no longer<br />
rely on academic achievements alone. They need to able to<br />
demonstrate that they have the abilities to achieve long term<br />
success in an ever evolving workplace and help increase the<br />
profitability of their firm. So what are Manchester employers<br />
looking for in 2018?<br />
Outstanding interpersonal skills: Strong communication skills have<br />
always been required to support professionals’ legal knowledge,<br />
however having exceptional interpersonal skills is crucial for those<br />
looking to further their career. In an increasingly competitive employment<br />
market, individuals need to be able to demonstrate that<br />
they have the ability to cultivate and maintain strong professional<br />
relationships with peers, and establish a strong sense of rapport with<br />
clients.<br />
Negotiation and management skills: As in house teams continue to<br />
strengthen their legal departments, private practitioners will increasingly<br />
find themselves working with clients who are legal professionals<br />
themselves, who will expect their external counsel to not only<br />
show effective management skills but also a willingness to negotiate<br />
on alternative fee arrangements. Management and leadership<br />
qualities are vital for professionals who are looking to progress up<br />
the ladder as corporate counsel need to be able to manage a panel<br />
of external legal service providers.<br />
complex, legal professionals will find themselves working in more<br />
interdisciplinary teams, and having to collaborate with a wider range<br />
of external specialists, so the ability to work effectively with a diverse<br />
team is perhaps more crucial than ever. Collaboration is a skill rarely<br />
taught in legal degrees and while the ability to work autonomously<br />
and act as a sole advisor is still incredibly important, candidates need<br />
to be able to show that they can also work well in complex teams.<br />
The ability to be both generalist and specialist: Recent shifts within<br />
the profession have led to a somewhat paradoxical expectation of<br />
legal professionals. Increasingly employers are looking for individuals<br />
to have both specialist knowledge and a wide generalist skillset.<br />
In order to differentiate themselves in an increasingly crowded market<br />
place, professionals need to adopt this dual role. Firms are now<br />
looking for individuals with both experience working in incredibly<br />
specialist practice areas, as well as having a broad sense of commercial<br />
awareness. Law firms are placing a greater value on commercial<br />
acumen tests during the recruitment process, so professionals need<br />
to ensure that they are able to demonstrate a thorough understanding<br />
of the ‘business of law’ and can combine a sense of commercial<br />
awareness with sound legal reasoning.<br />
Lynn Sedgwick is Managing<br />
Director of specialist<br />
recruiter, Clayton Legal.<br />
For more information visit<br />
www.clayton-legal.co.uk<br />
or call 01772 259 121<br />
The ability to work collaboratively: Workplaces are being ever more<br />
collaborative, and the legal profession is adopting increasingly cooperative<br />
working practices. As cases become progressively more
14 Feature<br />
Talking Heads<br />
From January 2018 the <strong>Messenger</strong> will be published as a digital magazine, so we<br />
asked practitioners "What are your fondest memories, articles or stories from the<br />
paper version of the <strong>Messenger</strong> magazine?"<br />
Geraldine McCool<br />
Partner<br />
Irwin Mitchell<br />
Past President of MLS<br />
Michael Clavell-Bate of Eversheds<br />
was a hard act to follow<br />
as President of this<br />
Society. I am not referring<br />
to the sterling work that<br />
Michael did on Access to<br />
Justice and other issues that<br />
affected our members. I<br />
refer instead to the challenge<br />
that he set himself to<br />
have a photograph with a<br />
celebrity for each monthly<br />
Presidents column in the<br />
<strong>Messenger</strong>.<br />
With city intelligence (I<br />
blame Fran) he managed to<br />
meet the challenge. Back<br />
then we are talking about<br />
proper celebrities playing at<br />
the Arena or filming locally.<br />
I recall that the challenge<br />
was for charity but even this<br />
failed to improve my mood.<br />
However Michael showed<br />
that serious legal matters<br />
could be combined with a<br />
social side and that typified<br />
what the Society was about.<br />
I have looked back at some<br />
of the photographs and noticed<br />
that Michael does not<br />
seem to have aged. My bad<br />
mood continues.<br />
Adrian Mursec<br />
The E-Word<br />
I mostly read the <strong>Messenger</strong><br />
to keep up to date with<br />
what my work wife Fran Eccles-Bech<br />
had been up to.<br />
Over the years I've known<br />
her she's always been able<br />
to give me helpful advice<br />
and I'm grateful she's always<br />
there to talk to over a coffee<br />
(preferably a glass of wine).<br />
In the January <strong>2017</strong> <strong>Messenger</strong><br />
she shared a personal<br />
story about how she<br />
discovered she had stage<br />
two cancer which did unnerve<br />
me but she followed<br />
on to share the good news<br />
about how her son Jack<br />
who finally tidied his room<br />
for once in typical Fran humour.<br />
Thankfully the February<br />
issue continued the story to<br />
let us know she had the "all<br />
clear" and how happy she<br />
was. I too was very happy although<br />
I knew nothing<br />
could beat Fran. She's a positive<br />
unstoppable force.<br />
Ruth Shearn<br />
Managing Director<br />
RMS PR<br />
I’ve chosen four pieces, all of<br />
which are linked by a strong<br />
sense of pride in Manchester’s<br />
unique legal community.<br />
Back in 2010, I loved reading<br />
about the success of the inaugural<br />
Manchester Legal<br />
Awards, which continue to<br />
be one of the most anticipated<br />
events in the region.<br />
The article captured the excitement<br />
of the event and<br />
provided a perfect platform<br />
to showcase and celebrate<br />
the superb legal talent here<br />
in the north west.<br />
Two years later, Fran’s piece<br />
about doing a parachute<br />
jump to raise money for<br />
Breakthrough Breast Cancer<br />
made me laugh and cry in<br />
equal measure. And raise<br />
money she did – over<br />
£25,000. No mean feat for<br />
someone who doesn’t like<br />
sport or heights!<br />
World War I was commemorated<br />
by Julia in 2014.<br />
The fascinating and deeply<br />
moving article paid tribute<br />
to the many lives lost from<br />
the legal community after it<br />
was singled out to ‘do its bit’<br />
for the war effort.<br />
My final choice has to be<br />
from July <strong>2017</strong>, when The<br />
<strong>Messenger</strong> led with a piece<br />
about the very positive and<br />
generous action being<br />
taken by Manchester’s legal<br />
community to help victims<br />
of the Manchester Arena attack.<br />
This work continues to<br />
this day and serves to<br />
demonstrate the decency<br />
that abounds in the region’s<br />
legal sector.<br />
The <strong>Messenger</strong> is dead, long<br />
live The <strong>Messenger</strong>.<br />
Craig Phillips<br />
Associate Partner<br />
Express Solicitors<br />
My fondest memories of the<br />
<strong>Messenger</strong> without doubt<br />
has to be Fran’s column<br />
throughout the years.<br />
“Fridge wars” was hilarious<br />
and gave some laughs during<br />
what has otherwise<br />
been quite a tumultuous<br />
and challenging year with<br />
the constant threat of legal<br />
reforms being dangled by<br />
the Government. Also, at<br />
the risk of blowing one’s<br />
own trumpet I’d have to<br />
mention the January <strong>2017</strong><br />
edition where I was named<br />
Lawyer of the Month as a result<br />
of successfully appealing<br />
of a finding of<br />
fundamental dishonesty. It<br />
was a career highlight and<br />
has pride of place on my office<br />
wall.<br />
Jeff Lewis<br />
Partner<br />
Brabners<br />
I'm going to show my age<br />
here in two respects: first, by<br />
bemoaning the fact that I<br />
will no longer be getting my<br />
beloved hard copy of the<br />
<strong>Messenger</strong> (sorry, but it just<br />
won't be the same online!),<br />
and, secondly, by harking<br />
back 21 years to a particularly<br />
memorable article.<br />
When a huge IRA bomb exploded<br />
in Manchester in<br />
1996, it wrecked large parts<br />
of the city centre. Many solicitors'<br />
offices (including<br />
the firm I was with) were inaccessible<br />
for at least a few<br />
days, and when we did venture<br />
back into Manchester<br />
we were greeted by a scene<br />
of devastation. Of course,<br />
many businesses and individuals<br />
suffered particularly<br />
seriously, both financially<br />
and physically.<br />
It felt like our wonderful city<br />
of Manchester had been<br />
ripped apart. And the mood<br />
of the city - stunned but defiant<br />
- was articulated beautifully<br />
in a wonderful article<br />
by Michael Clavell-Bate of<br />
Eversheds (and at the time a<br />
MLS Council member); all<br />
these years later the power<br />
of the article remains with<br />
me.<br />
Of course, its sentiments<br />
resonated again only a few<br />
months ago, after the terrible<br />
attack at the MEN Arena.<br />
Plus ca change. If only the<br />
<strong>Messenger</strong> could stay the<br />
same too.<br />
Bill Kirby<br />
Director<br />
Professional Choice<br />
Consultancy<br />
I have observed and participated<br />
in the <strong>Messenger</strong> in<br />
hard copy for over 10 years.<br />
Most satisfaction has come<br />
from some of the responses<br />
where I have had the opportunity<br />
to throw challenges<br />
(and advice) out in the Management<br />
Matters column.<br />
Management checklist,<br />
working capital management,<br />
costs of abdication.<br />
See some of the others at<br />
http://professionalchoiceconsultancy.com/articles.ph<br />
p<br />
I enjoyed the hard copy,<br />
they get read at different<br />
times and passed around.<br />
Digital of course is the way<br />
forward, so much is going<br />
that way often too soon<br />
though. Perhaps as compensation<br />
it may encourage<br />
more on line response to<br />
points made and debates<br />
getting underway. Let’s<br />
hope as many people read<br />
it.<br />
It has been a great journal,<br />
supporting individual members,<br />
corporate members,<br />
MLS Advantage suppliers<br />
and general sponsors and<br />
advertisers – a real Manchester<br />
contribution”<br />
Julia Baskerville<br />
Publisher<br />
The <strong>Messenger</strong><br />
Over the past 23 years, I<br />
have published 276 editions<br />
of the <strong>Messenger</strong> and I have<br />
many fond memories going<br />
back over the years. I have<br />
interviewed such a broad<br />
range of people, all with<br />
their own story to tell.<br />
I also feel that the <strong>Messenger</strong><br />
has assisted in some way<br />
by bringing together local<br />
campaigns, such as the one<br />
against competitive tendering,<br />
court closures and many<br />
years ago; Legal Aid Franchising.<br />
The challenges to<br />
the profession over the past<br />
23 years have been many.<br />
On a more personal level, I<br />
enjoyed looking into the history<br />
of Manchester Law Society<br />
and one topic which<br />
consumed my life for several<br />
months was the commemoration<br />
of Manchester solicitors<br />
and clerks who served<br />
their country in WW1.<br />
However, Manchester Law<br />
Society is one that looks forward<br />
and the world is very<br />
different to that of 1994.<br />
Law firms have embraced<br />
technolgy, the membership<br />
is becoming younger and<br />
the <strong>Messenger</strong> must now<br />
change to remain relevant<br />
and sustainable.<br />
My heartfelt thanks to all our<br />
contributors, advertisers<br />
and readers and I hope that<br />
you will continue to enjoy<br />
the <strong>Messenger</strong> in its new<br />
digital format.<br />
Fran Eccles-Bech<br />
Chief Executive<br />
Manchester Law Society<br />
There are so many memorable<br />
editions of the <strong>Messenger</strong><br />
I have struggled to<br />
choose just a few editions.<br />
However, one edition in<br />
1995 was memorable for<br />
the wrong kind of reason. In<br />
the ‘old days’ adverts were<br />
sent directly to the printers,<br />
and when the <strong>Messenger</strong><br />
came out there, in full technicolour,<br />
was an advert for<br />
“Gentlemens’ Heavening”<br />
strip club! The President at<br />
the time was “incandescent”<br />
to say the least!<br />
Over the years each of the<br />
Presidents have written<br />
their columns, but of course<br />
Michael Clavell-Bate was set<br />
a challenge each month to<br />
have his photo taken with a<br />
celebrity. Not many legal<br />
publications can boast having<br />
Ali G, Des O’Connor,<br />
Reeves & Mortimer, Lesley<br />
Garratt, Alex Ferguson,<br />
Kevin Keegan, Michael<br />
Greco, Tony Hadley Shirley<br />
Bassey, Suranne Jones and<br />
Clive Anderson featured on<br />
their pages.<br />
And of course we have the<br />
Legal Awards, now in its 9th<br />
year. We have covered the<br />
triumphs, the victories and<br />
the disappointments and<br />
each year the number and<br />
standard of applications increase<br />
and I hope this continues.<br />
Finally, on a personal note, I<br />
have been featured in a<br />
number of editions, in particular<br />
when I was a “Booby<br />
Bird” raising funds for Breakthrough<br />
Breast Cancer. The<br />
<strong>Messenger</strong> featured a very<br />
unflattering photo of me<br />
skydiving in a bright pink<br />
jumpsuit. Who could forget<br />
that? I wish I could!
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16 Case Comment<br />
Improving Access to Justice? What the Changes to<br />
Cost Capping in Planning and Environmental Claims<br />
Really Mean?<br />
Killian Garvey, planning & environmental law barrister at Kings Chambers,<br />
discusses the recent High Court ruling to re-impose fixed costs for disputes in<br />
planning and environmental cases.<br />
You will likely have the seen the headlines which accompanied<br />
the decision taken by the High Court in September<br />
to re-instate fixed costs for disputes in planning<br />
environmental cases – overturning rules introduce by<br />
the Ministry of Justice in February.<br />
To understand the full implications of the ruling, it is important<br />
to first understand the background against which the<br />
decision is set. From there, we can understand the likely impact<br />
of the ruling, and what it will means for disputes in<br />
planning and environmental cases going forward.<br />
The background<br />
Going back to 1 April 2013, we can see that the Civil Procedure<br />
Rules were amended to include new rules for claims<br />
that fell within the Aarhus Convention.<br />
This applied to any claim for judicial review that, in simple<br />
terms, engaged environmental matters. The definition of<br />
environmental matters within this context was intended to<br />
be broad and comprehensive.<br />
Moreover, it provided a strong incentive against challenging<br />
whether the matter is environmental. If such a challenge<br />
was unsuccessful, the defendant would be ordered to pay<br />
indemnity costs for having raised the matter (per CPR 45.44).<br />
Where the matter was a judicial review that engaged environmental<br />
issues, CPR 45.41 provided the claimant with the<br />
mechanism to secure a protective costs order. This meant<br />
that, even if the claimant lost their claim, they only need to<br />
pay £5,000 in costs to the other side, or £10,000 where the<br />
claimant was an organisation.<br />
In Venn,[1] it was held that these provisions could be read<br />
across to statutory challenges to an Inspector’s decision.[2]<br />
However, they did not apply as a matter of course. The<br />
Claimant would need to demonstrate that they required the<br />
protective costs order in light of their financial resources.<br />
These provisions in the CPR had, therefore, acted as a mechanism<br />
whereby claimants can pursue judicial reviews, whilst<br />
significantly limiting their costs exposure.<br />
However, on 28 February <strong>2017</strong>, at the behest of the Ministry<br />
of Justice, the CPR was amended to soften these provisions<br />
through CPR 52.19A.<br />
The changes meant that the Court had the power to vary<br />
the costs cap of £5k or £10k, to a much higher figure depending<br />
on the claimant’s personal resources and or access<br />
to funds (including from supporters).<br />
Accordingly, the previously fixed costs cap became a flexible<br />
figure, which could be varied on each occasion.<br />
The challenge<br />
A number of charitable groups invested in environmental<br />
decisions (eg. the Royal Society for the Protection of Birds)<br />
pursued a judicial challenge of these provisions in R. (RSPB<br />
and others) v Secretary of State for Justice [<strong>2017</strong>] EWHC<br />
2309 (Admin). They contended that the rules were in breach<br />
of the Aarhus Convention.<br />
The challenge was pursued on three grounds, namely:<br />
That the provisions meant the costs of litigation were no<br />
longer ‘reasonably predictable’, which would dissuade parties<br />
from pursuing challenges and compromise access to<br />
justice<br />
That it was improper that parties had to disclose their financial<br />
resources in a public forum<br />
That the costs involved in bringing the claim had to be relevant<br />
to the assessment of whether the costs would be prohibitively<br />
expensive.<br />
Dove J found that the amendments to the CPR were not unlawful,<br />
however, he provided clarity on their application.<br />
As regards ground 1, Dove J held that where a protective<br />
costs order is to be challenged, it should be done in the acknowledgment<br />
of service. The level of costs should be determined<br />
at the outset of the claim, so that the claimant can<br />
know early in the process their potential costs exposure.<br />
As regards ground 2, the Court found that where the<br />
claimant’s financial resources were to be considered, the<br />
hearings should be in private with such information being<br />
kept confidential.<br />
This was to avoid ‘the chilling effect, which the prospect of<br />
the public disclosure of the financial information of the<br />
claimant and/or his or her financial supporters’ could have.<br />
As regards ground 3, the Court found that the Claimant’s<br />
own costs were relevant to assessing whether the costs<br />
were prohibitively expensive.<br />
Following the ruling the law firm acting on behalf of the<br />
charitable groups claimed they had won ‘major concessions’<br />
from the Government which ‘make it radically better for access<br />
to environmental justice and go a considerable way to<br />
allay legitimate concerns of a chilling effect on otherwise<br />
meritorious legal claims.’<br />
In particular, as result of Dove J’s judgment, the costs cap<br />
must be set at the permission stage of the proceedings;<br />
whereas previously it was understood that at any stage of<br />
the proceedings the Court could vary the costs cap.<br />
Similarly, the Secretary of State for Justice has equally<br />
claimed success, on the basis that the amendments to the<br />
CPR have been upheld in substance, albeit their application<br />
might have changed.<br />
For practical purposes, the judgment confirms that the previously<br />
fixed costs cap can now be varied in judicial review<br />
claims. However, only time will tell as to whether the Courts<br />
will typically be open to varying the costs cap in any appreciable<br />
manner.<br />
Moreover, in light of the need for hearings in private, it<br />
might be the case that the costs associated with arguing this<br />
point outweigh the savings made in varying the costs cap<br />
in any event<br />
At this stage there is potential for the High Court ruling to<br />
play out in a number of ways. Planning and environmental<br />
lawyers will watch with interest to see whether the amendments<br />
to the CPR have much difference in practice.<br />
References<br />
[1] Venn v SSCLG [2013] EWHC 3546 (Admin)<br />
[1] Pursuant to s.288 of the Town and Country Planning Act<br />
1990<br />
Killian Garvey
PEN<br />
OR<br />
NTRIES<br />
For more information:<br />
Event host Media partner Marketing partner<br />
www.manchesterlegalawards.co.uk<br />
@MLAwards
18 News<br />
Hall Brown’s “secret weapon” strikes award target<br />
The woman credited with playing a key role in the success<br />
of one of the country’s most dynamic family law<br />
firms has been recognised as a star in her own right.<br />
Joanne Wilson, the Office Manager of Hall Brown Family<br />
Law, has been honoured at an awards ceremony for Manchester’s<br />
top personal assistants.<br />
Mrs Wilson, a self-taught secretary who has worked with<br />
many of the city’s leading family lawyers over the last 30<br />
years, was named Line Manager of the Year at the prize-giving<br />
organised by the Manchester PA Network.<br />
Hall Brown co-founder and Senior Partner Sam Hall described<br />
her success as richly deserved because of her contribution<br />
in helping the firm’s “stunning” start.<br />
“It’s no exaggeration to say that whilst all of our lawyers are<br />
responsible for the most direct involvement with clients, it<br />
is our back-office staff who enable us to be quite so efficient.<br />
“That’s important for any organisation, regardless of<br />
whichever industry they operate in. For a small and rapidlygrowing<br />
firm such as ours, it is absolutely critical.<br />
Mrs Wilson has worked exclusively as a PA in the legal sector<br />
since securing a Youth Training Scheme (YTS) position<br />
upon leaving school in 1987.<br />
Having joined with March Pearson Skelton – which was later<br />
known as Pannone until its takeover in early 2014 by Slater<br />
and Gordon – the following year, she juggled day-to-day<br />
work with teaching herself essential secretarial skills and<br />
raising two children.<br />
Mr Hall said that Mrs Wilson’s decision to join Hall Brown had<br />
been instrumental in efforts to recruit highly-rated partner<br />
Andrew Newbury, with whom she has worked for the last 21<br />
years.<br />
He added that she was responsible for leading a sevenstrong<br />
administrative team in a firm which has grown from<br />
three staff to 22 in only 18 months.<br />
Mrs Wilson’s award also caps a year to remember for her<br />
both on professional and personal terms, having married<br />
this summer.<br />
It is also the latest recognition for Hall Brown in the 18<br />
months since opening its doors.<br />
The same classification named more Hall Brown partners<br />
than any other North West firm in its top tier of ‘Leading Individuals’,<br />
while Chambers and Partners noted that Hall<br />
Brown offered “best-in-class” advice and was an “very exciting<br />
and energetic practice”.<br />
In June, Hall Brown was the only boutique firm outside London<br />
to make eprivateclient’s annual list of the UK’s 45 leading<br />
family law practitioners.<br />
“We’re delighted, therefore, that the role played by Jo has finally<br />
been recognised. She has been with us since we<br />
launched the firm and we regard her as our secret weapon.<br />
“In fact, it’s fair to say that there are scores of lawyers across<br />
the city who doubtless share those sentiments bearing in<br />
mind the valuable, very professional service which she has<br />
provided over the last three decades.”<br />
The firm has already secured a string of impressive write-ups<br />
by the most prestigious rankings.<br />
Only last month, it was listed as “among the best for matrimonial<br />
finance outside of London” and identified by the listing’s<br />
organisers as “the firm to watch for the future” in the<br />
prestigious Legal 500 rankings.<br />
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Legal Costs Update<br />
19<br />
Legal Costs Update<br />
Here, in Kain Knight Costs Lawyers regular, monthly legal costs update, we focus on those cases which we believe are likely<br />
to have a practical relevance for its members. We welcome feedback and if there is an area, topic or case you would like us<br />
to address, please let us know.<br />
Last month we wrote about the “hot” news that the Court of Appeal had heard<br />
the appeal in BNM v MGN and that guidance would finally be given about how<br />
the “new“ proportionality test in CPR 44.3(5) should be applied to work undertaken<br />
from 1st April 2013. We now have the judgment and unfortunately it is<br />
“cold” news, or to put it in a more seasonal context just after Guy Fawkes night,<br />
little more than a damp squib. Whilst the court was unanimous in allowing the<br />
appeal by deciding that the rule does not apply on a standard basis assessment<br />
to a “pre-commencement funding arrangement” as defined in CPR 48.1 , no<br />
wider guidance was given, so practitioners are still in the dark about how the<br />
CPR 44.3(5) proportionality test is to be applied in practice<br />
.<br />
With judgment yet to be given in May v Wavell Group, the other proportionality<br />
appeal heard by HH Judge Dight in January, the uncertainty about how<br />
much (if anything) a receiving party stands to lose at the end of the line by<br />
line assessment when and if the “new” proportionality test is applied, remains<br />
uncertain and unpredictable. It is a very unsatisfactory state of affairs as it is<br />
understood that many detailed assessments were stayed voluntarily to await<br />
the judgment in BNM. Now, the wait goes on. More on BNM below.<br />
Time for commencing detailed assessment proceedings<br />
Ordered to pay the costs? Is your opponent actually entitled to have them assessed?<br />
It ought to be a straightforward question to answer (see CPR 47.1) but<br />
until Khaira v Shergill <strong>2017</strong> 5 Costs LR 953 (in which co-author Nick McDonnell<br />
of the Kain Knight Manchester office acted for the successful appellants!)<br />
that had not been the case in so far as costs orders made in the Court of Appeal<br />
have been concerned. The key point is whether the disposal of a self contained<br />
issue on an interlocutory appeal without any direction for an<br />
immediate assessment, permits the receiving party to have the costs assessed<br />
without having to wait for the proceedings as a whole to be concluded. Hamblin<br />
J in Crystal Decisions (UK) Ltd v Vedatech Corporation (2007) EWHC<br />
1062 (Ch) had said that the High Court could do so subsequently “…because<br />
the court has the conduct of the proceedings…and because they are discrete<br />
costs…”. Patten J in GB Gas Holdings Ltd v Accenture (UK) Ltd (2011) 1 Costs<br />
LO 64 , had said that it could not because the purpose of keeping CPR 47.1 was<br />
“… to lay down a general rule, the costs of part of the proceedings are not be<br />
assessed until the conclusion of the proceedings as a whole…”<br />
David Richards LJ preferred Patten J’s approach, holding that there is nothing<br />
to suggest that another court can exercise a jurisdiction clearly vested in the<br />
Court of Appeal since an appeal is not a proceeding in the High Court, but in<br />
the Court of Appeal. In Khaira, the Supreme Court had allowed an interlocutory<br />
appeal and had directed that the appellants’ costs be paid both in that<br />
court and in the Court of Appeal. However, that did not mean that the Court<br />
of Appeal costs could be assessed and paid immediately as the Judge below,<br />
Deputy Judge Spearman QC had permitted, because the Supreme Court had<br />
not turned its mind to the point. Neither a judge of the High Court, nor a costs<br />
judge under paragraph 1.3 of the PD to CPR 47 can exercise a jurisdiction<br />
clearly vested in the Court of Appeal to make such an order, so the appeal was<br />
allowed.<br />
In short, if you are awarded your costs on an interlocutory application/appeal<br />
and the claim is ongoing, you must seek a ‘forthwith order’ or an order for an<br />
‘immediate assessment’ to commence detailed assessment proceedings. Without<br />
one you cannot.<br />
CPR Part 36<br />
Houghton v PB Donoghue (Haulage & Plant Hire) Ltd [<strong>2017</strong>] 5 Costs LR 857<br />
is a short but interesting judgment about the perils of not accepting a decent<br />
Part 36 offer. Six months before the trial, the defendant had offered £330,000<br />
to settle the case but the claimant turned it down. Two days into the trial, the<br />
claimant changed his mind and applied to Mr Justice Morgan (who was not<br />
the trial judge) to accept it out of time under CPR 36.11(3)(d). The Claimant’s<br />
application failed. To do otherwise, the judge said, would permit a party to see<br />
which way the wind was blowing at the trial and to repent of the decision not<br />
to accept the offer if the case was going less well or more badly than had been<br />
predicted. The outcome? Disaster- the trial continued for another three days<br />
and the claimant lost! (see <strong>2017</strong> EWHC 1475- Mr M Rosen QC).<br />
Costs Budgeting<br />
Although the authorities lack consistency about when parties can apply to vary<br />
costs budgets, Jscezhdunarodiny Promysenniy v Pugachev [<strong>2017</strong>] 5 Costs LR<br />
861 demonstrates that it can be done partway through the trial. Before Birss<br />
J, it had become clear that an additional day and a half would be needed as the<br />
matter could not be completed in the allotted eight days, so the claimant applied<br />
for an extra £84,000 and got it, thereby avoiding the need to satisfy the<br />
costs judge on any subsequent detailed assessment, that there had been “good<br />
reason” to depart from the budget. The case is noteworthy for another reason:<br />
the judge indicated that the hourly rates charged and the daily rates for counsel<br />
and for the claimant’s solicitors, were reasonable and proportionate “at least<br />
for the purposes of approving the budget”.<br />
Estimates scrutinised under the Solicitors Act 1974<br />
Solicitors still get into tangles about estimates. Harrison v Eversheds [<strong>2017</strong>]<br />
5 Costs LR 931 is another example. The client had been given two estimates<br />
(£333,102 and £548,054 respectively) and whilst Mrs Justice Slade accepted a<br />
submission that he could not possibly have been relying on both at the same<br />
time, the bill of £1,602, 436 which the client had subsequently received, required<br />
more explanation and justification than the court below had been provided<br />
with when allowing an increase of over £300,000 in profit costs.<br />
Counsels’ fees had risen from £170,500 to £476,576.48 and whilst the increased<br />
length of the trial from four days to ten days had warranted an increase,<br />
the absence of additional reasons to justify such a rise had been an<br />
error .<br />
The assessment was remitted back to the Master for determination of what<br />
would be a reasonable sum for the client to pay for the solicitor’s profit costs<br />
and counsel’s fees.<br />
Interim and Final bills under the Solicitors Act 1974<br />
Richard Slade & Co Solicitors v Boodia & Boodia [<strong>2017</strong>] EWHC 2699 (QB) is<br />
another journey into the arcane world of interim account bills, interim statute<br />
bills and final bills. It has, however, a difference. If the solicitor is entitled to submit<br />
monthly bills for profit costs expressed to be final for the period to which<br />
they relate, what are their status if separate bills for disbursements are delivered<br />
subsequently? Here, the Boodias had received 61 invoices of which 43<br />
were for profit costs and 18 for disbursements. According to the solicitors, they<br />
were all “statute” bills and it was too late to have them assessed under s.70 of<br />
the Act. That argument failed, Slade J holding that under s.67, disbursements<br />
are to be regarded as costs for the purposes of statute bills, and as none of the<br />
bills had included a charge for both profit costs and disbursements, they were<br />
not interim statute bills, so time was not running against the Boodias for applying<br />
for an assessment until the last in the series had been delivered.<br />
Failure to comply with an unless order<br />
Miscreants do so at their peril. Michael Wilson and others v Sinclair and others<br />
(<strong>2017</strong>) 5 Costs LR 877 is a good example. The first and second defendants<br />
had failed to meet costs orders of £1,173,111.53 and advanced Article 6 arguments<br />
revolving round denial of justice were an “unless” to be made, all to no<br />
avail. Sir Richard Field granted the claimant’s application and directed that unless<br />
payment was made within 28 days, the defendants would be debarred<br />
from defending the action.<br />
Back to BNM and proportionality<br />
For practitioners, the issue was two fold : first, if you have a pre-1st April CFA<br />
with a success fee and an After-the-Event insurance policy, does the “new” proportionality<br />
test apply to them if the case concludes on or after that date : second,<br />
what yardstick does the court use in applying the “new” test? In BNM, the<br />
costs judge decided that CPR 44.3(5) in force from 1st April 2013 applied and<br />
after completion of the line by line assessment, which had resulted in the bill<br />
being reduced from £241,817 to £ 167,389.45 , that sum would be halved to<br />
£83.964.80 make those costs proportionate, as well as reasonable and necessary.<br />
On appeal, the court said that the “new” test did not apply. The “old” CPR 44.2(4)<br />
and the Lownds test did, so the bill would have to be sent back to the costs<br />
judge to reconsider the proportionality of the costs he had allowed, applying<br />
those tests instead, and that was that. No guidance provided about how CPR<br />
44.3(5) should be applied and what criteria should be used in reducing the reasonable<br />
and necessary costs, as assessed, still further to make them proportionate.<br />
In fairness, the court addressed some very legalistic submissions such<br />
as whether, on the ordinary and natural meaning of the words in the definition<br />
of “costs” in CPR 44.1(1) as it now is, a success fee is a “fee” and an ATE premium<br />
is an “expense,” but in terms of helping those involved with detailed assessments<br />
about how to advance and defend proportionality arguments, we are<br />
no further on. As Simon Browne QC, who led the appeal, predicted, BNM has<br />
not been the “Sermon on the Mount” on proportionality that many have been<br />
hoping for.<br />
Finally, the case that got away!<br />
We cannot tell you much about this one because the judgment has disappeared<br />
! D Ltd v A & others [<strong>2017</strong>] EWCA Civ Crim 1604 appeared on Bailii on<br />
24 October <strong>2017</strong> and featured in the Law Society Gazette the same day under<br />
the banner headline “Eye-Watering £415,000 costs slashed because solicitors<br />
too involved,” only for the transcript to be “Taken down by order of the court<br />
on 24/10/<strong>2017</strong>’ and shortly thereafter, to disappear from the Society’s website<br />
as well. No reason given. If anyone knows why, we shall be very interested<br />
to find out!<br />
Please feel free to contact us for more information, guidance or discussion<br />
about any of these cases or indeed any other costs issues.<br />
Please contact Nick McDonnell:<br />
nick.mcdonnell@kain-knight.co.uk<br />
or Colin Campbell:<br />
colin.campbell@kain-knight.co.uk<br />
if there are any points you wish to discuss.<br />
Nick McDonnell<br />
Colin Campbell
20 Management Matters<br />
Management Matters<br />
This column is now into its eighth year and feedback is still good. We would still like to receive observations and ideas for<br />
future issues. Please mail Bill Kirby at billkirby@professionalchoiceconsultancy.com or the publisher Julia Baskerville at<br />
j.baskerville@jbaskerville.co.uk<br />
This month:<br />
• Partners/Directors/Owners/Managers<br />
• The buck really does stop with you<br />
• GDPR<br />
• Working Capital<br />
• Resource use and more GP<br />
• The changing world is happening to everyone<br />
Failure to act could be very expensive in many ways<br />
Probably long before the Management Checklist that appeared<br />
in this column back in November 2014 I have<br />
strongly advised partners/directors/owners to check things<br />
out for themselves and not necessarily rely on others.<br />
Things like business continuity, disaster recovery are essential<br />
now for business survival, we then more recently have<br />
had cyber security in all its guises and now we are faced<br />
with GDPR.<br />
There are thousands of papers, events, lectures, on line<br />
courses and many think that they have heard enough on<br />
the subject. Within MLS Advantage we have experts on the<br />
subject<br />
www.nasstar.com and www.xyonecybersecurity.co.uk who<br />
it would do no harm to consult with – even a lot of good. As<br />
a basic how many of you are seeing the actual results of<br />
penetration test on your systems.<br />
At the end of the day the responsibility and the penalties<br />
and fines for security breaches sit with the business owners<br />
– they must not let it happen and if they do they are the<br />
ones who will pay the penalties which apart from reputation<br />
destruction will be very expensive.<br />
This month I have spoken with Brian<br />
Rogers,brian@riliance.co.uk Director of Regulation & Compliance<br />
Services at the Riliance Group www.riliance.co.uk .<br />
He will certainly be known to some of you.<br />
He has evidence that “Law firms, like all other businesses, need<br />
to get themselves ready for the introduction of the new General<br />
Data Protection Regulations (GDPR) in May 2018, yet<br />
many either haven’t started looking at the new requirements,<br />
or think they are already compliant” and “many firms that<br />
thought they were ready for GDPR were in fact not when questioned<br />
in more detail about their preparations”<br />
“Preparing for GDPR is not something that can be done in a<br />
day, so those thinking they can wait until the last minute and<br />
then be completely compliant need to think again! “<br />
The Information Commissioner has set out 12 key steps that<br />
need to be taken in preparation for GDPR, including:<br />
• mapping the data you hold<br />
• determining the lawful basis for processing<br />
personal data<br />
• obtaining the appropriate consent from data<br />
subjects to hold and process their data<br />
• putting in place systems and procedures for<br />
dealing with data breaches.<br />
Mapping the information you hold is an essential first step<br />
in any GDPR project, and covers areas like:<br />
• Understanding the data flow – the transfer of<br />
data from one location to another<br />
• Describing the data flow – how, what, when, why,<br />
where?<br />
• Identifying key data elements – data items,<br />
formats, transfer methods, location,<br />
accountability, access<br />
Some of the key challenges of data mapping include<br />
• identifying personal data<br />
• identifying appropriate technical and<br />
organisation safeguards<br />
• understanding legal and regulatory obligations<br />
Brian confirms that Many of the firms that think they are<br />
compliant have not undertaken a full data mapping exercise,<br />
and it is only once this has been undertaken that they<br />
realise that compliance means much more than;<br />
• just putting in place policies and procedures<br />
• nominating a data protection officer where<br />
appropriate<br />
• undertaking some training!<br />
Brian’s challenge is “Do the firms that think they are already<br />
compliant or on the way to being there really believe they<br />
will be compliant” – only 5 months to go<br />
brian@riliance.co.uk.<br />
Working Capital<br />
I am still very concerned about the management of working<br />
capital in many firms and as stated previously it is a real<br />
management issue with c300 firms in severe trouble or indeed<br />
going out of business annually – large and small. The<br />
world these days is not about demonstrating profit but<br />
making sure it turns into cash<br />
• Partners/Owners/Directors have to be right on<br />
top of this subject<br />
• Department Heads must have delegated<br />
accountability for their own teams<br />
• Finance teams must provide forecasts, KPIs and<br />
reports to give warnings of the need for action –<br />
PLUS they have to be listened to.<br />
On my website<br />
http://professionalchoiceconsultancy.com/articles.php do<br />
look at the articles from August 2015 and July 2016 that will<br />
demonstrate what I mean.<br />
But in very simple terms:<br />
• On client inception as well as giving the<br />
mandated estimate talk about payment terms. It<br />
will surprise you that the number of people<br />
facing £6k in 6 months-time would rather start<br />
paying £1k a month from the start<br />
• Ensure fee earners record correctly their billable<br />
hours – minimum of 5 hours per day and make<br />
sure there are KPIs around to enable querying on<br />
a weekly basis<br />
• Make fee earners validate their accumulated WIP<br />
at least on a monthly basis confirming what will<br />
be billed and when and accepting write offs or<br />
amended estimates – needs proactivity and it<br />
needs checking<br />
• Make sure bills are raised and issued in<br />
accordance with terms and followed up as per<br />
policy<br />
• Do not allow WIP adjustments where WIP has<br />
grown but billing hasn’t taken place to show<br />
more profit unless all the WIP has been validated<br />
• This should be a main board agenda item every<br />
month.<br />
More gross profit and enhanced image.<br />
Last month I wrote about the www.documentdirect.co.uk<br />
acquisition of Voicepath as a clear indicator of market uptake<br />
of outsourced transcription -This saving secretarial<br />
costs certainly for peaks and troughs, holidays and cover.<br />
I have done more research over the last month and have discovered<br />
that on occasions it isn’t just transcription that<br />
causes firms a problem but massive loads of document production<br />
– new documents – Word, Excel, Powerpoint, even<br />
marketing department document creation. We also have<br />
still many fee earners printing precedents and doing handwritten<br />
amendments.<br />
The demands on internal resourcing is massive – volume<br />
and skills, limiting profitability even affecting fee earner<br />
time at crazy costs – getting others to meet the demands<br />
for this again must be addressed.<br />
Changing World<br />
Hey bigger firms – things are catching up on you<br />
During October MLS Advantage supplier www.nasstar.com<br />
took two more law firms live onto its hosting platform<br />
www.hickmanandrose.co.uk and www.grosvenorlaw.com,<br />
The move to this platform provides business continuity, disaster<br />
recovery and a more secure environment with; fully<br />
managed IT services on a 24/7 basis, the ability to work from<br />
anywhere with access to IT systems from a web browser, enhanced<br />
disaster recovery and SRA compliant data management,<br />
cyber-crime countermeasures that ensure their data<br />
and clients are protected, 24/7Mobile Device Management<br />
that ensures company data on mobile phones is protected<br />
and managed to the firms IT policy, new local network ensuring<br />
protection from hackers and reliable communications,<br />
predictable per user pricing that enables easy<br />
budgeting and them to focus on their client’s needs, not<br />
their IT needs.<br />
Obviously another couple of firms seeing the light BUT perhaps<br />
more significantly in the same month Nasstar has<br />
signed a 1,000 people media company that will get the benefits<br />
above and with resourcing enhancements.<br />
There has been resistance for such a shift for larger law firms<br />
to date and very few in the Top 100 will even discuss it – perhaps<br />
a deal like the one above may get our bigger firms<br />
considering the options too.<br />
Bill Kirby is a director of Professional Choice Consultancy<br />
offering advice to firms on business issues from<br />
strategy, planning, business development, the effective<br />
use of IT applications and IT hosting for compliance,<br />
business continuity and DR. He can be contacted at<br />
billkirby@professionalchoiceconsultancy.com
Interview 21<br />
City Profile: Andrew Toolan of MIDAS<br />
Andrew Toolan is the Acting Head of Business Development:<br />
Financial, Professional and Business Service at<br />
MIDAS, which is Greater Manchester’s inward investment<br />
agency.<br />
The aim of MIDAS is to secure significant levels of new investment<br />
and employment for the city region. This is<br />
achieved through the global business marketing of Manchester,<br />
targeting key markets and sectors, and the provision<br />
of an extensive, free and confidential package of advice<br />
and assistance for potential investors.<br />
Born and raised in a pub in London, Andrew came to Manchester<br />
University to study geology and fell in love with<br />
Manchester. After graduation he returned to London and<br />
worked as a recruitment consultant specialising in property<br />
and finance roles. He joined MIDAS in 2011.<br />
The main focus of Andrew’s role is to encourage business,<br />
from both the UK and abroad to invest in Greater Manchester,<br />
which is made up of ten local authorities. Andrew talks<br />
to businesses who may be expanding or re-locating with<br />
the aim of bringing business into the Greater Manchester<br />
region. Andrew says this can be involve helping build the<br />
business case on why to invest to offering advice on a more<br />
practical level such as sourcing office space, PR and marketing<br />
advice and making links with the universities for recruitment<br />
of new talent.<br />
The Greater Manchester Financial, Professional and Business<br />
sector, the largest outside of London, is made up of around<br />
324,000 people and is responsible for generating twenty<br />
percent of the local economy, which equates to approximately<br />
£57 billion. Over the last 10 years, Manchester’s FPBS<br />
sector has doubled in size and new business districts such<br />
as Spinningfields has contributed to this growth.<br />
Andrew says that Manchester has been successful in attracting<br />
a number of US and London-based law firms to the city,<br />
as well as a number of banks, and has become the most successful<br />
city for attracting foreign direct investment outside<br />
London.<br />
Over the past few years, a number of law firms have moved<br />
to Greater Manchester, attracted by the deep talent pool<br />
and strong business environment. These include Freshfields,<br />
Latham & Watkins, Berwin, Leighton Paisner and TLT.<br />
MIDAS is part of the Growth Company, which supports the<br />
growth and prosperity of Greater Manchester. They run a<br />
number of events and round table events thoughout the<br />
year for the various sectors and have a Law Firm forum,<br />
which is open to all. Details of the events can be found at:<br />
investinmanchester.com<br />
Andrew says that Greater Manchester’s devolution deal<br />
gives the region unparalleled control over key facilitators of<br />
business growth such as skills, transport and business support,<br />
uniquely enabling us to create a very strong business<br />
environment which is at the heart of the Northern Powerhouse.<br />
Andrew says that his job allows him to continually learn<br />
more about the city he loves and in his spare time occasionally<br />
joins the Blue Plaque walking tours. He also enjoys cycling<br />
and reading and also goes to the gym a couple of<br />
times a week, occasionally returning to London to meet up<br />
with family and friends.<br />
Julia Baskerville<br />
Andrew Toolan<br />
Andrew can be contacted via email<br />
Andrew.Toolan@Midas.org.uk
22 Charity & CSR<br />
News from the President’s Charity:<br />
St Ann’s Hospice<br />
The President’s Charity of the Year, St Ann’s Hospice, is calling on Manchester Law<br />
Society members to join them for their annual Golf Day.<br />
Sign-ups have opened for the popular fundraising event, which will take place on Thursday<br />
17th May 2018, and will raise money for the thousands of patients St Ann’s cares for<br />
from across Greater Manchester.<br />
Dr Eamonn O’Neal DL, Chief Executive of the hospice, explained: “Our Golf Day is always<br />
one of the highlights of our fundraising calendar each year, and is a great opportunity for<br />
people to join with friends or colleagues to help the hospice.<br />
“There’s always a great competitive – but friendly – spirit, and the golf is always followed<br />
by a relaxed meal, competition presentations and a luxury raffle. We’d love to see as<br />
many of the Manchester Law Society’s members there as possible. You’d be very welcome,<br />
and may even win a prize or two!”<br />
This year’s Golf Day will take place at Dunham Forest Golf and Country Club and teams of<br />
four will be invited to arrive at 12.30pm for a light lunch, followed by a Shotgun start at<br />
2pm.<br />
Tickets will also include refreshments throughout the afternoon’s play and a barbeque<br />
meal.<br />
Eamonn added: “If golf isn’t your cup of tea - or tee! – then you can still join us for the<br />
barbeque and presentations too. Everyone is welcome, and every penny raised really will<br />
help us to make a difference to the people with cancer and other life-limiting illnesses we<br />
care for.”<br />
For more information on how to register for the event, or to find out about sponsorship<br />
opportunities on the day, please contact Clare Henderson at St Ann’s on 0161<br />
498 3631 or email corporate@sah.org.uk.<br />
Law firm makes five-figure donation<br />
to road safety charity<br />
Manchester law firm<br />
Simpson Millar has donated<br />
£15,000 of unclaimed<br />
client funds to<br />
road safety charity, Brake.<br />
The Solicitors Regulation<br />
Authority (SRA) allows law<br />
firms to donate residual<br />
client account balances providing<br />
certain criteria are<br />
met.<br />
With those funds now totalling<br />
over £80,000, the<br />
firm asked employees to<br />
nominate their favourite<br />
charities, from where a dedicated<br />
committee chose a<br />
final five to divide the funds<br />
between.<br />
Brake is a charity dedicated<br />
to preventing the tragedy of<br />
road deaths, to making the<br />
streets safer and to supporting<br />
people affected by road<br />
traffic incidents. Abi Smith<br />
from Brake says: “The donation<br />
from Simpson Millar<br />
was the most amazing surprise,<br />
and completely unexpected.<br />
“Simpson Millar has supported<br />
our fundraising initiatives<br />
in the past and we<br />
are very grateful for their<br />
continued support.<br />
“This amazing donation will<br />
feed into a whole range of<br />
On 20th October, 200<br />
guests joined leading<br />
Manchester law firm JMW<br />
Solicitors to fundraise for<br />
two of the charities the<br />
firm supports; the Child<br />
Brain Injury Trust and<br />
Headway Preston and<br />
Chorley, at JMW’s first<br />
Sporting Lunch event,<br />
held at INNSIDE Manchester<br />
Hotel.<br />
Hosted by ex-premier<br />
league referee, Jeff Winter,<br />
the lunch event saw international<br />
players from the<br />
world of football past and<br />
present take to the stage to<br />
share stories with the audience<br />
about their experiences<br />
in the beautiful game<br />
and support these two<br />
great causes.<br />
The audience was regaled<br />
by tales from ex-England<br />
initiatives including our<br />
work in schools and with<br />
the police. In 2016, our free<br />
phone helpline dedicated<br />
more than 1,900 hours supporting<br />
those most effected<br />
by road crashes, and our<br />
community engagement<br />
projects reached over<br />
285,000 children across the<br />
UK. Simpson Millar’s donation<br />
goes an incredibly long<br />
way in continuing this vital<br />
work.”<br />
Rose Gibson from Simpson<br />
Millar in Manchester says:<br />
“We were keen to support<br />
local charities, particularly<br />
where there was synergies<br />
with some of the work we<br />
do.<br />
“Five people a day are killed<br />
on UK roads, and over 60 are<br />
seriously injured. In the<br />
football player Tony Dorigo,<br />
ex-Manchester City player<br />
Jon Macken and Team GB<br />
Paralympic captain and<br />
England seven-a-side captain<br />
Jack Rutter, who sustained<br />
a head injury at the<br />
start of his career, and overcame<br />
it to travel to the 2016<br />
Rio Paralympics.<br />
The audience also had the<br />
opportunity to hear from<br />
another head injury survivor<br />
– Carl Galvin, who has<br />
been supported throughout<br />
his injury and recovery<br />
process by Headway Preston<br />
and Chorley.<br />
Thanks to a raffle and auction,<br />
with excellent lots donated<br />
to the event<br />
including a TAG Heuer Formula<br />
1 watch (kindly donated<br />
by Watches of<br />
Switzerland), a week’s stay<br />
wake of road traffic incidents<br />
comes the most horrendous<br />
grief. Lives are<br />
changed forever. Brake does<br />
an amazing job in raising<br />
awareness of road safety –<br />
something we know makes<br />
a real, measurable difference.<br />
“This is a charity that saves<br />
lives by preventing serious<br />
incidents, and that is most<br />
definitely worth supporting.”<br />
Among many other initiatives,<br />
Brake runs a helpline<br />
for road crash victims,<br />
which provides information<br />
and emotional support. The<br />
charity also helps schools<br />
provide road safety lessons,<br />
which are otherwise not<br />
part of the national curriculum.<br />
JMW’s Sporting Lunch Shoots and<br />
Scores for Charity<br />
in Porto Cristo (kindly donated<br />
by Joy Kingsley, JMW<br />
Solicitors), a signed Lancashire<br />
County Cricket Club<br />
bat (kindly donated by Lancashire<br />
County Cricket Club)<br />
and a pair of Ricky Hatton<br />
gloves (kindly donated by<br />
Gordon Cartwright, JMW<br />
Solicitors), JMW was able to<br />
fundraise £11,283 for these<br />
two wonderful causes.<br />
The firm will run two events<br />
to support these wonderful<br />
causes in 2018 – a fashion<br />
lunch event and 2016’s very<br />
popular Glitter Ball Dance<br />
Off, where amateur and pro<br />
dancers will take to the<br />
stage to impress the audience<br />
and judges alike. If<br />
you would like further details<br />
of either event, email<br />
danielle.gibson@jmw.co.uk<br />
Send your charity and CSR events to<br />
j.baskerville@jbaskerville.co.uk<br />
for the January edition by<br />
15th <strong>December</strong>
CILEx Update<br />
Local Groups 23<br />
Training:<br />
The Greater Manchester CILEx Branch would like to thank<br />
Caroline Wood from Park Square Chambers will be providing<br />
training on Experts and Part 35 Questions.<br />
The training was an interactive session with Caroline providing<br />
examples of both good and bad questions.<br />
Diversity in the Judiciary<br />
The next training event will take place on Thursday 23 November<br />
<strong>2017</strong> at 6pm. Judge Rebecca Howard will be discussing<br />
diversity in the Judiciary. If you intend to progress<br />
to a Judge this training will give you the opportunity to ask<br />
questions.<br />
The Constitution Select Committee of the House of Lords<br />
has recommended that Chartered Legal Executives who<br />
demonstrate the requisite attributes should not be prevented<br />
from becoming senior judges.<br />
This aligns with CILEx’s ongoing campaign to see the eligibility<br />
criteria for senior judicial roles modernised so that<br />
Chartered Legal Executives can have their applications considered.<br />
Fellows of CILEx – three quarters of whom are women - are<br />
currently eligible to apply for judicial roles up to the level<br />
of District Judge, whilst lawyers from other professions are<br />
eligible to apply for roles at any level. In practice a Chartered<br />
Legal Executive already holding judicial office could apply<br />
for other judicial roles, though they are the only legal profession<br />
to whom different eligibility criteria apply.<br />
CILEx recently launched its Judicial Development Programme,<br />
which provides aspiring Chartered Legal Executives<br />
with one-to-one mentoring from judges, and tailored<br />
support in preparing themselves for applying.<br />
At the recent Graduation and Admission ceremony, CILEx<br />
members were encouraged to enter the ranks of the judiciary<br />
by, amongst others, the Solicitor General Robert Buckland<br />
QC MP.<br />
Christmas Party<br />
The Greater Manchester CILEx branch Christmas Party will<br />
take place on at 6pm 7 <strong>December</strong> <strong>2017</strong>. The event will take<br />
place at the Slug and Lettice, Piccadilly Gardens.<br />
Tickets will be £10.00 for Greater Manchester Branch Members<br />
and £15.00 for non-members. The drinks at the event<br />
will be sponsored by Conveyancing Data Services.<br />
If you would like more information, please email<br />
greatermanchester@cilec.org.uk<br />
Joining the branch:<br />
If you are interested in joining the Greater Manchester CILEx<br />
Branch or attending one of our events, please email us at<br />
greatermanchester@cilex.org.uk or follow us on Facebook<br />
and Twitter.<br />
MTSG Update<br />
FELT Director Amanda Cheung said following the event "It was great to see familiar faces<br />
and new ones at this event. Everyone enjoyed the wine and food - it was the perfect way<br />
to welcome the festive season and for FELT members to get to know each other!"<br />
Charity<br />
A great night was had by all on 9th November when MTSG members met for the charity<br />
bowling night at Bog Bowl. The sell out-event, which was kindly sponsored by Michael Page<br />
Legal, raised hundreds of pounds for one of the MTSG’s charities of the year, JDRF, which is<br />
a charity committed to creating a world without type 1 diabetes. The fun-filled evening<br />
treated attendees to food, drink and (of course!) bowling whilst getting the chance to meet<br />
new people and help a very worthwhile cause. A charity raffle was also held on the evening<br />
with some amazing prizes won.<br />
A special thanks to our Charity Directors Heena Kapadi and Karlis Rullis for all their hard work<br />
in organising the event.<br />
Keep an eye out for details of our next charity event, which is to be held on Thursday 7th<br />
<strong>December</strong> at Kiehl's Boutique, located on King Street. Tickets will be just £4.00, and on the<br />
evening attendees will be able to enjoy a number of treats including canapes from Grand<br />
Pacific, hair and make-up tips from Blow Ltd, a showcase of Stella & Dot’s jewellery, hand<br />
and arm massages from Kiehls, healthy skin checks from Kiehls, product offers and some<br />
fantastic raffle prizes. An event not to be missed!<br />
FELT<br />
November saw the return of the MTSG FELT wine tasting event, which again was a huge success.<br />
Kindly sponsored by our friends at BCL Legal, the event was a perfect excuse for FELT<br />
members to socialise and network whilst spending the evening welcoming in the festive<br />
season with some delicious wine and food.<br />
MTSG Winter Ball<br />
The MTSG held their annual ‘Winter Wonderland’ ball on 30 November at the Museum of<br />
Science and Industry. Attendees were treated to a spectacular evening, where fairy lights<br />
from the Christmas tree sparkled amongst historical exhibits from the world of science and<br />
engineering – a truly stunning backdrop. Hosted by Capital FM’s James Hall, the evening included<br />
a drinks reception, 3 course meal, hours of dancing and even personalised cupcakes.<br />
Attendees won some fantastic prizes during the charity raffle, successfully raising funds<br />
for our sponsored charities and continued the celebrations into the night at the official after<br />
party which was held at Guilty By Associated in the Northern Quarter.<br />
I would like to say a massive thank you to the MTSG Ball Directors, Charlotte Tyrer, Nicole<br />
Rourke and Beth Ashton, who put hours of work into making the event such a huge success.<br />
A special thanks also to the event sponsors, Aurelius, who were hugely involved with<br />
the planning of the event alongside Charlotte, Nicole and Beth – thank you for your continuing<br />
support of the MTSG.<br />
Wishes from the MTSG Committee<br />
On behalf of myself and the entire MTSG committee, I would like to wish you all a Merry<br />
Christmas and a Happy New Year. See you in 2018!<br />
Charlotte King<br />
Chair of MTSG<br />
Trainee Solicitor at JMW Solicitors LLP<br />
Wishing all our readers and<br />
contributors a Merry Christmas<br />
and Peaceful New Year...
24 Outsourcing<br />
Outsourced cashiering and your bottom line<br />
By Julian Bryan, Managing Director, Quill<br />
Success in business<br />
The ultimate marker of a successful business is the strength of<br />
its bottom line. Profitability is everything if you want to survive<br />
and thrive. The route to healthy profits is maximising income<br />
and minimising costs.<br />
You don’t necessarily need us to tell you about the former of<br />
these – maximising income. Revenue generation is your forte,<br />
achieved by good marketing to create new business opportunities<br />
in the first place, and even better legal service provision<br />
and client care thereafter to secure a stream of repeat and referral<br />
business.<br />
Your legal software provider can assist in this area by offering<br />
solutions containing features such as automation to reduce<br />
your workload, application availability for greater uptime, intuitive<br />
time recording to capture more chargeable activity and<br />
advanced analytics to monitor performance, to name a few. But<br />
that’s not the main focus here. We’re concentrating on the latter<br />
– minimising costs.<br />
Where cost cutting’s * concerned, * * we’re * going * * to show you how<br />
"<br />
outsourcing & & & services, specifically outsourced legal cashiering,<br />
can " help you to drastically decrease your overheads.<br />
In-house<br />
"<br />
vs outsourced<br />
"<br />
costs<br />
"<br />
" " " " " " " " " " " " " " "<br />
To begin, consider the standard costs associated with employing<br />
an " in-house " " cashiering " staff member. Outgoings encompass<br />
" " " " " " " " " " " " " " " " "<br />
"<br />
recruitment and selection; induction, mentoring, training and<br />
" " " " " " " " " " " " " " " "<br />
development; " " " annual " bonus; " " overtime; " " temporary " " cover " " for<br />
" " " " " " " " " " " " "<br />
long-term sickness, maternity and paternity; 10 metres of office<br />
" " " " " " " " " " " " " " " " "<br />
space " necessitating rent, rates and service charges; IT hardware<br />
"<br />
equipment<br />
" "<br />
and<br />
"<br />
office<br />
"<br />
furniture;<br />
" " "<br />
1<br />
"<br />
user<br />
"<br />
licence<br />
"<br />
for<br />
"<br />
legal<br />
"<br />
accounts<br />
"<br />
software; " telecommunications; " " " " " " tea, " coffee, " " sugar, " milk, water<br />
"<br />
and fresh & & fruit provision; & & social events including Christmas parties;<br />
" other financial rewards such as referral, length of service<br />
" " " " " " " " " " " " "<br />
and staff " introduction " " awards; " " and miscellaneous " " " schemes " " including<br />
car " parking, " " healthcare " " and " gym " membership.<br />
" " " "<br />
This extensive<br />
" " "<br />
list<br />
" "<br />
can<br />
"<br />
easily<br />
"<br />
run<br />
" "<br />
into<br />
"<br />
tens<br />
"<br />
of thousands<br />
" " "<br />
of<br />
" " " " " " " " " " " " " "<br />
pounds. " And " it’s " by " no means " " the " biggest " expense which is, of<br />
"<br />
course, salary. To give you an impression of average cashier<br />
" " " " " " " " " " " " " " " " " " "<br />
earnings, " this " " " table " compares " " " " salaries " " by " region:- " " " " "<br />
"<br />
"<br />
Note: " These averages were calculated from jobs advertised on various<br />
recruitment platforms throughout June<br />
" " " " " " " " " " " " "<br />
<strong>2017</strong>.<br />
In comparison, outsourcing’s charged at a set affordable,<br />
"<br />
monthly, " transaction-based fee all-in which scales up or down<br />
according to your own level of busy-ness. Clearly, then, outsourced<br />
cashiering is by far the most economical way to manage<br />
this highly skilled, time intensive and heavily regulated<br />
business process. In real terms, outsourcing means doing the<br />
same job (better, we would argue, as your supplier is a specialist<br />
in its field), namely all the normal cashier duties, for substantially<br />
less cost.<br />
Finding the right people, training them on an ongoing basis,<br />
paying a regular salary and benefits, providing a physical workspace<br />
fitted out with all the requisite technology and telecommunications<br />
is an extremely costly affair.<br />
Not forgetting workplace pensions which warrant special mention.<br />
It’s yet another mandatory overhead, relatively newly introduced,<br />
if you employ just one person. To fulfil your Pensions<br />
Regulator obligations, you must enrol your staff into a pension<br />
scheme and contribute towards it. The minimum employer contribution<br />
is currently 1%, rising to 2% in the 2018/19 fiscal year<br />
and 3% from April 2019 onwards. More if you’re a generous employer.<br />
Staff retention<br />
* * * * * *<br />
" " " " " " " " " " " " " " " "<br />
" " " " " " " " " " " " " " " " "<br />
" " " " " " " " " " " " " " " " "<br />
" " " " " " " " " " " " " "<br />
" " " " " " " " " " " " "<br />
" " " "<br />
:(/-%.* ;+$,-(&
Case Comment 25<br />
Case Comment<br />
Mr Andrew Steele - v - PJM Valeting Limited (1) – and - Hertz (UK) Limited (2)<br />
Application on behalf of Hertz (UK) Limited (2) to strike<br />
out pursuant to CPR 3.4(2)(a) – namely that the statement<br />
of case discloses no reasonable grounds for bringing<br />
the claim<br />
Stockport County Court – before District Judge Dignan<br />
Shortly after filing their Defence, and prior to the parties<br />
dealing with Directions Questionnaires, D2 filed the abovementioned<br />
application. The solicitor’s witness statement in<br />
support of the same contained three specific arguments.<br />
The first subsequently fell away (prior to the application<br />
being heard the Claimant successfully amended their Particulars<br />
of Claim).<br />
The second was based upon ‘common sense’ with reference<br />
to case law (involving distinguishable facts).<br />
The third was the most unusual, namely that:<br />
· The QOCS provision was originally implemented to ensure<br />
that the ‘deserving claimant’ could still gain access to<br />
justice and protect their case;<br />
· In D2’s solicitor’s experience an unfortunate and unintended<br />
consequence of the reforms is the bringing of frivolous<br />
claims; and<br />
· This claim amounted to wasteful litigation and common<br />
sense dictated that the claim should be struck out with<br />
D2 then being in a position where they could enforce the resulting<br />
costs order.<br />
From the Claimant’s perspective, it very much seemed as<br />
though the application was motivated by a desire to circumvent<br />
the QOCS principle. Importantly, this latter point (the<br />
third submission re QOCS and the ‘deserving claimant’) was<br />
not pursued by Counsel at the hearing, and therefore the<br />
application hung simply on the ‘common sense’ argument<br />
and the case law. The Claimant deployed a wealth of arguments<br />
in response to the application, and indeed succeeded<br />
in their submissions that the application should be dismissed.<br />
In reaching his decision the Judge concentrated on<br />
the point that the evidence (that would be forthcoming in<br />
due course) needed to be considered; he noted that the<br />
case relied on by D2 was based upon a decision whereby<br />
the evidence did not establish that the object was not reasonably<br />
safe.<br />
The decision on costs was particularly interesting.<br />
The Claimant, pursuant to CPR 45.29H, would usually have<br />
been limited to fixed recoverable costs in the sum of £250<br />
plus VAT.<br />
The Claimant applied under CPR 45.29J for a finding that<br />
there were exceptional circumstances in this matter, requesting<br />
that the Judge summarily assess costs utilising a<br />
costs schedule that totalled £2905 plus VAT.<br />
The Judge focussed on three main points in finding in<br />
favour of the Claimant that exceptional circumstances applied<br />
(noting that exceptional circumstances means consideration<br />
of all of the circumstances) which can be<br />
summarised as follows:<br />
1. The hurdle of the claim needing to be ‘bound to fail’ (CPR<br />
3.4.2) was, as found by him in his judgment, never to going<br />
to be reached. D2 had exhibited to their application a Court<br />
of Appeal decision that was fact-specific. It’s easy to say in<br />
hindsight that the application shouldn’t have been made,<br />
but it certainly shouldn’t have been when it pinned its<br />
colours to an irrelevant case.<br />
2. If this application had succeeded it would have meant the<br />
claim was dismissed and QOCS would automatically be disapplied<br />
pursuant to CPR 44.15(1)(a). D2 would have been<br />
able to enforce an order for costs without permission from<br />
the court. That is a “significant, a very significant, potential<br />
outcome”. The consequences of the application were therefore<br />
critical.<br />
3. D2’s Counsel quite rightly didn’t refer to the third submission<br />
as found in the in the solicitor’s witness statement in<br />
support of the application (re QOCS and the ‘deserving<br />
claimant’). The argument offered a critique of the QOCS provision<br />
and made reference to policy decisions and the truthfulness<br />
of claimants. It was a misconceived ground and<br />
there was no basis for making that argument.<br />
The Claimant was ultimately awarded £2,200 plus VAT in<br />
costs, a grand total of £2640, nearly 9 times the fixed recoverable<br />
sum.<br />
Barrister Nyssa Cronie from Express Solicitors (In house)<br />
Solicitor with conduct of the case Kimberley Kirkby Express<br />
Solicitors
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Viewpoint<br />
Today’s law firms are embracing technology – recognising the value that it can deliver<br />
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Capitas is dedicated to supporting the broad asset and commercial financing requirements<br />
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<br />
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<br />
<br />
Professional Indemnity Insurance:<br />
<br />
RISK<br />
update<br />
<br />
<br />
<strong>2017</strong><br />
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T: 0161 237 7725 | M: 07984 879124<br />
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: 0161 237 7725 | M: 07984 879124<br />
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T: 0161 237 7739 | M: 07872 501955<br />
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30 Wine<br />
One Foot in the Grapes<br />
This month sees the start of our new monthly wine column<br />
by journalist Jane Clare...<br />
Christmas is simply the best excuse to push the boat out and try some wonderful<br />
wines. I’m excited now, just thinking of crunches of sweet parsnip, huddles of<br />
sprouts, my favourite lemon-dashed, herb-mottled stuffing … oh, and the turkey.<br />
All of those flavours will be demanding my attention and then wine will add another<br />
layer of complexity for my palate. Which wine to choose?<br />
My Christmas dilemma was eased when I was invited to a wine pairing Christmas lunch<br />
and it would be rude of me not to share some ideas with you.<br />
Gosset Grande Reserve NV<br />
Our festive occasion began with the most wonderful champagne,<br />
Gosset Grande Reserve NV (RRP £45-£49, widely<br />
available including Selfridges and Harvey Nichols) from the<br />
oldest house in Champagne. It had a classic brioche nose,<br />
dappled with sweet spice, and shivers of fine, elegant<br />
bubbles delivered citrus flavours with an elegant biscuity<br />
backbone.<br />
I carried my champagne to the table and it sipped seamlessly<br />
with our starter of marinated<br />
salmon, Dorset crab in pink<br />
pickled ginger and lemon<br />
dressing. It wasn’t meant to<br />
be the wine star of the<br />
show; I’ll now introduce you<br />
to a sauvignon blanc and an<br />
Australian white blend.<br />
Seresin Estate Sauvignon 2015 (£14.99,<br />
winedirect.co.uk) This is a lovely sauvignon blanc and<br />
it isn’t one of those heady New Zealand wines which<br />
grapples with your senses. The reason is there is 11 per<br />
cent semillon in the blend, which<br />
calms everything down and brings<br />
Mchenry Hohnen<br />
Amigos White 2012<br />
a touch of Old World order to this<br />
New World wine. It has tropical and<br />
citrus aromas, with some classic gooseberry<br />
notes and a delicate creaminess.<br />
Seresin Estate Sauvignon 2015<br />
McHenry Hohnen Amigos White 2012 (£15.99, winedirect.co.uk)<br />
This was a wow with the crab and salmon. It is a<br />
blend of chardonnay, marsanne and roussanne from the<br />
Margaret River region. Murray McHenry and David Hohnen<br />
are brothers-in-law, with Hohnen having a fantastic pedigree<br />
as founder of the iconic Cloudy<br />
Bay winery. This wine wants you to<br />
sit up and notice it … and I did. It<br />
has notes of peaches, nuts and<br />
waxy lemons with a heartbeat of<br />
minerality.<br />
Over to the main event, the traditional turkey and<br />
trimmings. I always opt for a pinot noir with my Christmas<br />
lunch and so I was very much open to new ideas.<br />
Viu Manent ViBo Vinedo Centenario 2013 (RRP £16.99,<br />
oddbins.com) A clue to this wine is in its name - the grapes<br />
are grown in vineyards planted over 100 years ago in Chile’s<br />
Colchagua Valley. Old vines are the wise things of the vineyard. They<br />
don’t produce lots of grapes, but the ones which are harvested<br />
have a special concentrated quality. It is a blend of 51% cabernet<br />
sauvignon, with malbec and a dash of petit verdot. It is<br />
intense with blackcurrants but there is an element of mint,<br />
of freshness, of complexity, of subtlety, which didn’t overpower<br />
my plate.<br />
Vidal-Fleury Cairanne 2012<br />
Viu Manent ViBo Viedo<br />
Centario 2013<br />
Vidal-Fleury Cairanne 2012 (RRP £13.50, also Oddbins)<br />
Shiraz takes the blending lead in this Côtes du Rhône Villages<br />
red, with grenache and mourvèdre following along<br />
on the coat tails. It is bold with black and red berries, but<br />
earthy and herbal too, which contrasts nicely with the<br />
powerhouse fruit. Oh, there was spice (and all things nice)<br />
which gave a good bit of extra bite.<br />
Finally, if you want some inspiration for cheeses, how about a<br />
Jane Clare is a journalist who has followed her heart with the launch of One Foot in<br />
the Grapes - writing about wine and offering fun, immersive, informal and informative<br />
wine tastings.<br />
The former editor and creative editorial director first began writing about wine 10<br />
years ago and is now published in more than 30 newspapers and lifestyle magazines<br />
across the UK.<br />
Jane is a member of the Circle of Wine Writers and is studying for the Wine & Spirit<br />
Education Trust diploma. She can be found as One Foot in the Grapes on social<br />
media and online; or contact Jane on 07795 121 003 or<br />
email jane@onefootinthegrapes.co.uk<br />
Beaujolais wine, Henry Fessy Brouilly 2015 (RRP<br />
£12.99, Waitrose) Beaujolais is great with many cheeses<br />
because it is fruit-forward and light in body. It offers a<br />
raspberry medley with the cheese and doesn’t demand<br />
a palate battle.<br />
For your pudding? Well one of my favourites is Madeira<br />
and Blandy's 15 YO Bual (RRP £25, also Waitrose) I love<br />
the story behind Madeira, which is a fortified wine and<br />
aged under heat. Centuries ago it was discovered that<br />
wines were “cooked” when shipped across the heat of<br />
the equator and were much better for it, not just in<br />
flavour but in robustness. The underlying notes of nuts,<br />
raisin and caramel are perfect for your Christmas pudding<br />
and hard cheeses.<br />
Have a wonderful Christmas and I’ll see you in<br />
January.<br />
Medeira and Blandy’s<br />
15 YO Bual
When the new season of The Apprentice aired recently<br />
on BBC1, Twitter exploded with tweets about what the<br />
contestants were wearing on their faces. This seasons<br />
group of aspiring business partners for Lord Sugar appear<br />
to be aiming to impress him with their eyewear.<br />
However, judging by the Twitter response all attempts at<br />
eyewear style have backfired for these individuals. One<br />
tweet is enough to give you the general idea: “These<br />
three deserve to be fired for their glasses alone.”<br />
Never before has the boardroom seen such a diverse<br />
array of eyewear and it brings into focus a whole host of<br />
questions like: Will the right eyewear get you hired? Can<br />
glasses really make you look more attractive? More confident?<br />
More intelligent?<br />
At Jones And Co. Styling Opticians we regularly see<br />
clients who want to sharpen up their look before starting<br />
a new job. So yes, the right glasses can do wonders<br />
for your image. But as demonstrated by Lord Sugar’s<br />
hopefuls it is easy to get this wrong. So beware! One contestant<br />
Michaela from Bolton, was even harshly accused<br />
of mistakenly wearing her grandfather’s glasses by Twitter.<br />
Now, one of the realities of Twitter is that it gives anybody<br />
with an opinion a platform from which to shout it,<br />
whether their opinion is qualified or not. So an intelligent<br />
strategy would be to take all tweets with a pinch<br />
of salt or ignore them entirely. However what Twitter<br />
does extremely well is highlight what is in the mind of<br />
the people. And from Twitters response to the Apprentice<br />
there is no denying that if you wear glasses it is one<br />
of the things that people notice first about you. Your<br />
choice of eyewear says something about you to your colleagues,<br />
peers and professional acquaintances. The right<br />
eyewear reflects your personality and character and your<br />
individual sense of style.<br />
Unfortunately, none of the budding Apprentice contestants<br />
have discovered an enlightened optician like Jones<br />
And Co. and the poor souls have fallen afoul of the minefield<br />
that is choosing the right glasses. One misstep and<br />
your attempt at eyewear style can easily blow up in your<br />
face. Many of the contestants look like they have either<br />
purchased their glasses online, found them in the street,<br />
or visited an optician that doesn’t know how to fit a pair<br />
of glasses.<br />
As an optician, I feel for the contestants because I know<br />
the odds are heavily stacked against them. Most opticians<br />
think the best way for you to choose your glasses<br />
is to stand you in front of a great wall of glasses. After a<br />
few minutes of this your eyes glaze over and all the<br />
frames start to look the same. You don’t know if it’s a<br />
man’s frame or a woman’s frame. Will it even fit you?<br />
Does it suit you? And with each frame that you try on<br />
you’ll get a reassuring comment like “they’re lovely” from<br />
a well-meaning sales assistant.<br />
I however am willing to tell you the harsh truth and declare<br />
that the ‘normal’ way of choosing glasses is idiotic.<br />
It’s a painful combination of trial and error, pot luck and<br />
torture.<br />
This is the one problem my team and I have been obsessively<br />
working on over the last 8 years. Here today I will<br />
lay bare our top-secret business plan here for your eyes<br />
only. (Perhaps I should make my case to Lord Sugar also.)<br />
Here it is. Our aim is to transform the process of choosing<br />
glasses to remove all the frustration, stupidity and<br />
hassle for glasses wearers. Our secret recipe is as follows.<br />
Step 1. We replace trial and error with professional expertise,<br />
insider knowledge and good, practical advice<br />
from a qualified, passionate team of dispensing opticians.<br />
Step 2. We remove pot luck and instead add an eyewear<br />
styling consultation tailored to your individual requirements.<br />
We guide you through the glasses selection<br />
process. We banish ordinary, boring, run of the mill, mass<br />
produced glasses and replace them with extraordinary<br />
eyewear. Eyewear that makes the right statement for<br />
you. We travel to Paris, Milan and beyond to source the<br />
world’s best independent eyewear.<br />
Step 3. We remove all acts of customer torture and replace<br />
them with a five-star experience including everything<br />
from Prosecco to glasses shaped chocolate<br />
sprinkles floating on frothy cappuccinos.<br />
This is our calling. We take it so seriously I’ve even written<br />
the book on the subject “The Definitive Guide To<br />
Choosing Glasses That Make You Look Good: The 6 Common<br />
Eyewear Buying Mistakes And How To Avoid Them.”<br />
If you wear glasses this book will give you all the practical<br />
advise, insider knowledge and know-how you’ll need.<br />
Don’t buy any glasses until you read this book!<br />
Readers of The <strong>Messenger</strong> can request a free copy of the<br />
book at www.jonesand.co.uk or by emailing hello@jonesand.co<br />
and we’ll post a copy to you free of charge. Or<br />
pop in to Jones And Co. Styling Opticians at 82 King<br />
Street Manchester.<br />
BBC’s The Apprentice Brings Unstylish Eyewear<br />
Into The Boardroom<br />
Optometrist and Director of Jones And Co. Styling Opticians, Conor Heaney responds to<br />
the flurry of Tweets about eyewear evoked by the new season of The Apprentice.<br />
To get your copy and steer clear of<br />
these mistakes just email<br />
hello@jonesand.co<br />
and we’ll happily post you a free copy<br />
of the book.<br />
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How to Get the Body You Want this Christmas & New Year<br />
The end of the year can go one of two ways; achieving<br />
or at least making significant steps towards the<br />
body you want and better health, or letting it all go<br />
for <strong>December</strong> with the intention of hitting it hard in<br />
January.<br />
The consequences of the season of excess can be felt<br />
for years to come. It’s estimated that most people gain<br />
the most fat around Christmas year on year, but fail to<br />
lose it, leading to a cumulative effect over the years.<br />
Here’s what to do if you want to enjoy the festive season,<br />
get the body you want, and not let your health suffer:<br />
1/ The basics become even more important! Make<br />
sure you keep your nutrition and exercise tight – eat<br />
real, whole, nutrient dense food, increase your vegetable<br />
intake, and move your body. Preparation will be<br />
essential, as when you’re feeling less optimal than<br />
usual, your natural propensity will be to hunt down<br />
some comfort food and dodge your exercise!<br />
2/ Keep an eye on your overall calorie intake. With<br />
additional evening engagements come the potential<br />
for extra calories from both food and alcohol. And that’s<br />
before you actually get to Christmas and New Year itself.<br />
Don’t make excuses for yourself, if you’re going way<br />
over in terms what you’re putting into your body one<br />
day, make sure you’re balancing things out over the<br />
course of the week. That goes for Christmas Day too –<br />
have fun but account for it if you want a better body<br />
and great health!<br />
3/ Let your festive food and drink buying match<br />
your goal. A standard scenario for this time of year is to<br />
buy enough food and drink to supply the International<br />
Space Station for a year, and eat / drink it in the space<br />
of a couple of weeks, and possibly well into January!<br />
Remember that Christmas is just one day – so shop accordingly!<br />
Sure, it’s Christmas Day, so eat and drink<br />
what you want, but many people not only treat most of<br />
<strong>December</strong> like it’s open season on eating and drinking<br />
junk, but also end up eating huge quantities of food<br />
well into January because the house is full of it.<br />
Only buy enough for Christmas Day, maybe Boxing Day<br />
too, then you’re not tempted to carry on into New Year.<br />
In your head, isolate those two days and then get back<br />
to your usual routine – much easier to do when your<br />
cupboard isn’t bulging with Pringles!<br />
If you treat your <strong>December</strong> as a pre-emptive strike in<br />
gaining the body and health you want, rather than a<br />
last hurrah before knuckling down in January (which<br />
most never do), you’ll be well set for 2018.<br />
To your lean, healthy, optimised future,<br />
Matt<br />
For more information visit www.optimisedpersonalwellness.co.uk<br />
twitter: @mattopwellness facebook: /optimisedpersonalwellness<br />
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q Express facial<br />
q Express polish on your hands (shellac removal and<br />
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q Express pedicure (shellac removal and application not<br />
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Lifestyle 33<br />
Mental Wellness<br />
Stress Response and the Brain – Are You Strong Enough?<br />
By Dan Little,<br />
coach and psychotherapist<br />
One of the biggest myths I hear about stress is the perception<br />
that when a person is suffering stress they are<br />
not mentally ‘strong’ enough to ‘cope’.<br />
As a life coach and psychotherapist, I often experience<br />
this attitude from managers (either directly by what they<br />
say or by how they treat people) and wonder why organisations<br />
are not doing more to educate staff about managing<br />
mental wellness.<br />
This false stereotype needs to be put straight in the bin<br />
where it belongs as stress, put simply, is a physiological<br />
reaction (fear) to a perceived threat within our environment.<br />
Stress is a physiological response and not one that<br />
is controlled by our thinking or emotions. The demands<br />
in current work culture (threats) are very real for people<br />
(and often unrealistic to achieve) making it difficult to<br />
find a work life balance or ‘safety’ from the ‘threat’.<br />
The stress response starts in the brain. By taking an evidenced<br />
based approach to understanding how the brain<br />
works and how chronic stress impacts us physically, we<br />
can then take effective actions to heal ourselves from the<br />
damage that it causes.<br />
Let’s understand how the brain responds to stress<br />
The first of two components of the stress response in the<br />
brain starts with the activation of the amygdala, which<br />
plays a part in emotional processing, memories and decision<br />
making. It is responsible for detecting and responding<br />
to fear, but not necessarily feeling fear. When<br />
a threat has presented itself and the amygdala is triggered<br />
it will then send a signal to the hypothalamus.<br />
The hypothalamus is the part of the brain that communicates<br />
with the rest of the body via the autonomic nervous<br />
system (ANS). This response is what he now more<br />
commonly refer to as the fight, flight or freeze response.<br />
It is more helpful and accurate to think about the brain<br />
as being systems based and not one part being solely responsible<br />
for one action. So for example the amygdala is<br />
only part of the process around sensing and feeling fear,<br />
not the part that solely houses fear.<br />
The autonomic nervous system (ANS) controls various<br />
involuntary processes such as our heart rate, blood pressure,<br />
breathing and contraction or dilation of the blood<br />
vessels. It is made up of two separate systems, the sympathetic<br />
nervous system (SNS) and the parasympathetic<br />
nervous system (PNS). The SNS can be thought of as<br />
being the accelerator which when triggered causes the<br />
‘flight & fight’ response. So if the SNS is the accelerator,<br />
the PNS is the brake which helps to relax the person and<br />
promote the ‘rest & digest’ response after the danger has<br />
passed.<br />
The hypothalamus activates the SNS which triggers the<br />
adrenal glands to release epinephrine (more commonly<br />
known as adrenaline). This is released throughout the<br />
body and various physiological changes occur as a result,<br />
such as an increase in heart rate, increase of blood to<br />
muscles and other important organs. The brain will also<br />
receive more oxygen which helps to increase alertness<br />
in order to better perceive and respond to threats.<br />
Epinephrine will also trigger the release of glucose into<br />
the bloodstream which helps to supply energy to all of<br />
the body. This will all happen before you can even notice<br />
it and helps to explain why people can have such fast reactions<br />
to threats before they have even had time to<br />
think about how to react. This faster response is referred<br />
to as the sympathetic-adrenomedullary (SAM) system.<br />
Second stage stress response<br />
If the threat continues the hypothalamus will then activate<br />
the second stage of the stress response, which we<br />
refer to as the HPA axis. This is the hypothalamus, the pituitary<br />
gland and the adrenal gland. The hypothalamus<br />
releases corticotropin-releasing hormone (CRH) which<br />
then triggers the release of adrenocorticotropic hormone<br />
(ACTH) by the pituitary gland. This in turn makes<br />
the adrenal gland release cortisol. All of this helps to<br />
keep the body in an alert state to help combat what ever<br />
threat a person faces. Once the cortisol levels fall the PNS<br />
is activated which helps to calm the body down to its<br />
naturally homeostatic state.<br />
So why is all this important to know?<br />
As I see all too often in my clinical practice, people find<br />
it really difficult to ‘put the brakes on’ which means that<br />
they spend a lot of time with chronic levels of stress.<br />
Chronic stress keeps the HPA axis activated which long<br />
term has been shown to have negative effects on the<br />
brain and body.<br />
If the body uses too much epinephrine (adrenaline) for<br />
too long this can cause damage to blood vessels, increase<br />
blood pressure and raise the risk of heart attacks.<br />
Chronically raised levels of cortisol may lead to build up<br />
of adipose (fat) tissue and weight gain. Too much can<br />
also result in the loss of synaptic connections in the prefrontal<br />
cortex which helps to regulate behaviours such<br />
as concentration, decision-making, judgement and social<br />
interaction.<br />
Ultimately this all goes to show just how much of an impact<br />
chronic stress levels can have on you and why you<br />
really need to get a grip on this very damaging process.<br />
Everything discussed above is part of an unconscious<br />
process that the brain goes through. This means that before<br />
you can start to manage your stress levels through<br />
thinking about problem solving you may need to address<br />
the physiological responses first. This is where<br />
learning mindfulness techniques, yoga or physical exercise<br />
can help.<br />
It is only after this psychological response occurs do feelings,<br />
such as fear and anxiety come into consciousness<br />
and we are able to process them. It is at this point where<br />
people often become ‘stuck’ and are unable to make<br />
sense or put words to their experiences. For example,<br />
how often have you heard someone saying they are<br />
‘stressed’ without given any other explanation as to what<br />
this means to them. This is where I can help you to understand<br />
and ultimately take control over your own<br />
unique way of experiencing stressful situations.<br />
Chronic stress has seriously detrimental consequences<br />
for people which is why at Optimised Personal Wellness<br />
we will work to effect change in every aspect of your life<br />
ensuring that you are at your physical, mental and emotional<br />
best.<br />
Email: danlittle@trenpatherapy.co.uk<br />
Call: 07795 403645<br />
www.trenpatherapy.co.uk<br />
Ultimately this all goes to show<br />
just how much of an impact<br />
chronic stress levels can have on<br />
you and why you really need to<br />
get a grip on this very damaging<br />
process. Everything discussed<br />
above is part of an unconscious<br />
process that the brain goes<br />
through.
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31st October - Investec - How To Get More Out Of Your Money<br />
Free event to members and optional £10 to non members<br />
Held at Investec offices in Spinningfield. Fizz and nibbles.<br />
4th November - Bar Conference and Young Bar Conference, London<br />
9th November Women - Jobs in for the Girls. Law Careers and Business on the Bench UK and beyond.<br />
30th Events November with - - inspirational Clarity speakers <br />
13th <strong>December</strong> - Christmas Drinks and music by Manchester inspirational voices<br />
Gospel choir with Nigel Poole QC and Special guest ITVs Judge Rinder<br />
Membership is open to lawyers and those in business<br />
Individual membership costs £25<br />
Cooperate membership £100 (for 5 names people)<br />
Events are £25 unless otherwise stated<br />
To advertise in<br />
The <strong>Messenger</strong><br />
call Julia on<br />
01204 303323 or<br />
j.baskerville@jbaskerville.co.uk<br />
Wishing all our readers and<br />
contributors a Merry Christmas<br />
and Peaceful New Year...
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