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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 />

President’s Charity of<br />

the Year


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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 />

monitoring<br />

of b<br />

udget<br />

H<br />

Budget<br />

reviee wand/<br />

or a<br />

dvice<br />

Cheshire, Fifoot & Furmston’s Law of Contract 17th ed.<br />

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 />

kain-knight.co.uk<br />

Negotiate<br />

<br />

budget<br />

Review<br />

and/or<br />

advise<br />

on <br />

budge t<br />

Dealing<br />

with<br />

A<br />

pplications<br />

to amend<br />

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management<br />

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Precedent<br />

H budge<br />

ts,<br />

give<br />

us an unparallele<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 />

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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


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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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Today’s law firms are embracing technology – recognising the value that it can deliver<br />

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T: 0161 237 7725 | M: 07984 879124<br />

<br />

<br />

T: 0161 237 7739 | M: 07872 501955<br />

<br />

<br />

<br />

<br />

Professional Indemnity Insurance:<br />

<br />

RISK<br />

update<br />

<br />

<br />

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

<br />

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issue, we are focusing on<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 />

Manchester Law Society Members receive a 10%<br />

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Enjoy this summer afternoon tea for two with<br />

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Pick from two treatments to spend your time in the spa.<br />

q Express facial<br />

q Express polish on your hands (shellac removal and<br />

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q Express polish on your feet (shellac removal and<br />

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q Express pedicure (shellac removal and application not<br />

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tea to champagne afternoon tea for £10pp.


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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Membership is open to lawyers and those in business<br />

Individual membership costs £25<br />

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Wishing all our readers and<br />

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and Peaceful New Year...


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