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July/august2013Birmingham

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the rise of international child abduction

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www.birminghamlawsociety.co.uk | 3

contents

President’s report, Martin allsopp

expert investigations sponsors Bls

0604

the rise of international child abduction

Feature | 16


08

september 2013

learNiNG aND DeVeloPMeNt | 20

chiltern railways still top when it comes to right time train punctuality

Feature | 14

Birmingham solicitors Group say thank you

GeNeral NeWs | 25

President

4 | www.birminghamlawsociety.co.uk

lord Dyson was anxious to engage locally on

early reaction to the Jackson reforms and

was very interested to hear the views of the

commercial litigants here in Birmingham as

to how the reforms were affecting them in

their Practices.. cost budgeting and disclosure

issues and the sometimes disproportionate time

it took to provide cost budgeting at the onset

of the case were clearly major issues, as was

impact on the already overburdened court staff

to deal with the volume of paperwork generated

particularly given the fact that it was anticipated

that further cuts in services were to follow. lord

Dyson spent more than his allocated time in

hearing the views of the local profession and

i do thank his lordship for taking time out to

visit us.

Previously, during the last month, members of

the Bls met with our chief constable, chris

simms, who explained that he thought that

cautions rather than prosecutions were actually

deterring criminals and suggested that more

efficient case management might be an issue

in perhaps reducing the cost of legal aid. as

you might imagine, a frank exchange of views

ensued but again i thank chris simms and

his officers for taking time to proffer his views

and to hearing the views of the profession in

response.

a few days later a focus group, consisting of

the officers of Bls and the chairman of the

Bls Board, met with leading representatives

of the sra to air and share views. in a week

or so’s time Bls are to hear the views of Guy

Barnett as to Mr Barnett’s views on the other

side of an intervention and what a meeting

that promises to be. the sra have similarly

accepted an invitation from Bls to attend at a

council meeting in either september or october

and i shall be reporting further on these issues

in due course.

two weeks ago i hosted the first of my

promised high street events here in solihull,

which i am pleased to say proved to be a

successful pilot and it is intended now that

further events will be held, when relevant

permits have been obtained, both in sutton

coldfield and the city centre itself. the

outgoing law society President, lucy scott-

Moncrieff, actually commented in her last

speech that law should be taken to the

people and i am pleased to say that Bls

had done exactly that in its event a week or

so before our National President’s statement

to this effect! i have on behalf of Bls sent a

congratulatory email to Nicholas Fluck, our

new National President, with whom i have

synergy as a Property solicitor. Mr Fluck has

already responded to our congratulatory email

and has accepted my invitation on behalf of

Bls to attend at the President’s Dinner on 21st

November.

Finally on the matter of events, our Golf Day

was held yesterday at Nailcote hall and proved

to be a tremendous success. let us hope that

the weather holds out for our annual cricket

match against West Midlands Police at tally

ho next tuesday – all spectators – particularly

those supporting Bls – will be made most

welcome and to the speakeasy event on the

19th.

Do all enjoy what i expect will be a well-earned

summer break. n

PRESIDENT’S REPORTBy Martin allsopp | President, Birmingham law society

Good afternoon everyone. as i dictate this article it is Friday 12th July and i have just returned from a meeting hosted by lord Dyson Master of the rolls here in Birmingham.

Feature


it is my total belief in building strong mutually

beneficial relationships that have a foundation

for the long term, that are based on honesty,

high value customer service and cost

effectiveness.

as our strap line states we bring: initiative,

intelligence & integrity to all of our investigative

requirements.

as an iso 9001/2008 accredited company

that operates in an unregulated investigation

industry we understand the need to give

confidence to all of our clients and can

boast household clients in both the legal and

commercial sector.

over the years we have been introduced

to some amazing clients by our legal

colleagues and have been able to reciprocate

introductions, networking opportunities and

joint seminars presentations and media

interviews.

or investigation services routinely cover all

aspects of the legal sector, more commonly

employment, all aspects of litigation, debt

recovery, banking and family, as well as

periodically wills & probate and housing.

With our head office in coventry and a local

office in Birmingham and london our plan is to

expand to other cities and the legal sector will

form the foundation of that move. Whilst we

have a nationwide capability i do think having a

closer geographical relationship with clients is

valuable.

as a member of the Midland Fraud Forum,

yorks & humber Fraud Forum and Fraud

advisory Panel, expert investigations are

often asked to present on the investigative

capabilities within these civil and criminal

offences, something which also extends to our

regular media involvement with both tV and

radio.

i sit in a fortunate position as being a former

Police Detective, having run an investigation

company for 13.5 years and having undertaken

14 months academic study into risk & security,

this allows all facets to knit together to give an

informative insight into the internal employee

offender.

the investigative services which we supply

nationally include surveillance & observations,

covert vehicle tracking, computer data retrieval,

general interviewing and investigations,

specialist analytical software solutions and

database research (fit to sue, locate trace and

background reports). these resources are

utilised to investigate issues of:

• theft & Fraud

ª False absenteeism & fraudulent claims

ª Breach of contract & restrictive covenants

ª General employment & litigation issues

When i am not running the company and

get my time out i can be found (or not as the

case may be) trekking across the globe. in the

last 18 months i have trekked up Kilimanjaro

(5895 metres), Mount Mera in the himalayas

(6476) and trekked the andes for 10 days from

chociuerquo to Macchu Pichu. Next year i aim

to take a 5 week trek up the 6 highest mountain

in the world, cho oyu before finally heading up

everest in the next 3 years... if my wife lets me.

i look forward to meeting new acquaintances

and catching up with current colleagues over

the next 12 months. n

David Kearns

Managing Director

expert investigations ltd

tel: 02476 630498

Mob: 07879 482902

Visit our new website for details of all our risk

management investigation services

[email protected]

www.expert-investigations.co.uk

eXPert iNVestiGatioNs sPoNsors Blsit is with great pleasure that expert investigations ltd has agreed to become one of the sponsors for the Bls. as an established commercial Detective investigation agency, process servers and tracing agents within the legal and commercial sector we have had the privilege of working with many of you over the last 13.5 years.


in Pictures

in my inaugural speech, i promised that we

would take law to the public on the high

streets of the region. i decided that the pilot

for such an event should be held in solihull, a

town in which i practice, so if the event proved

to be unsuccessful there was a chance i would

at least be insulted by some of the members

of the local public known to me! the event was

not at all unsuccessful but a major effort was

required to get operations underway. Firstly

a permit was required from the local council

involving completion of paperwork, a 6 week

notice period, the construction of a Gazebo to

which i will refer shortly, confirmation that there

would be no trailing wires or Pa systems and

no liquid could be stored on site – all apparently

health and safety issues etc!

For those of you that are familiar with solihull

high street, when the wind blows from a

westerly direction, which it did on the saturday

morning in question, a wind tunnel effect is

created. this makes the erection and stability

of a Gazebo a little tricky and the first four

lawyers who attended were each holding one

corner of the Gazebo down to prevent it from

blowing away! luckily the local flower seller

perceived that we were not structural engineers

and came to our help with metal weight to hold

the Gazebo in place.

our permit ran from 9.30am to 12.30pm and

for the first hour the public were only interested

in shopping. By this time, in addition to the

President and Vice President, members of

local solicitors had turned up in support and

when we all started to laugh and joke about

the erection of the Gazebo and members

of the public had realised that we were not

wearing t-shirts and handing balloons out to

local children etc, and noticed the Bls banners

they began to take interest and by 12.30pm

a number of the solicitors in attendance had

received instructions on a Grants of Probate,

preparation of a Will, a Property sale, a couple

of Boundary Disputes and consultations on a

number of employment issues. as you might

expect, the President was asked to consult on

an impossible resolution of a Boundary Dispute

and by one elderly gentleman as to whether the

college of law was fit for purpose!

upon review the local solicitors, the Vice President

and myself felt that the event had proved to be

quite a success but we learnt the following:

1. Do not try to construct a Gazebo on the

pavement in a wind tunnel.

2. engage with the local tradesmen –

particularly flower sellers with heavy metal

weights.

3. endeavour to obtain a permit from the local

council from 10.30am to 2.30pm, rather than

from 9.30am to 12.30m.

4. Be serious in your advice but engage with

members of the public. the public are far more

comfortable on the high street in their territory

knowing that they can walk away than they will

ever be feeling trapped in a solicitors’ office.

it is quite clear that many business opportunities

arise from a brief high street chat- look out

sutton coldfield, we are on the way! n

Martin allsopp

President


Amy Goode, Louise Mepham & Ashley Latham - all from Harris Cooper Brownings, Solihull

Richard Arney from Probate Solictors Ltd (PSL), Sarah Dodds from Schofield & Associates and Anthea Bevan

Karen Moores & Tracey Creed from Sydney Mitchell Solicitors and Tim Langford from Wallace Robinson & Morgan Solicitors


Professional indemnity insurance

in order to practise, every law firm in england

and Wales must have an Mtc policy from one

of the Qualifying insurers. all insurers subscribe

to the Financial services compensation

scheme (Fscs) which is a fund of last resort

that can be called on by eligible policyholders

in the event that an insurer is insolvent and

unable to meet its financial obligations. an

eligible policyholder must meet certain criteria

which are generally a private individual or a

small business or partnership with a turnover

of less than £1M. the Fscs will pay eligible

policyholders 90% of the amount that would

have been due from the insurer. this means

that even if Fscs compensation is available,

your practice could still be liable for 10% of any

claim along with the policy excess.

During the past 13 years many Qualifying insurers

have entered and left the solicitors’ Pii market

largely due to the losses the insurers have

experienced. the main purpose of a Pii policy

is to provide financial protection to the general

public from the consequences of negligent

advice; however, insurers have argued that the

wording of the Mtc is too broad in coverage

afforded and that it acts as a financial guarantee

rather than a traditional insurance policy.

in 2007, an unrated insurer - Quinn - came into

the market and undercut the rated Qualifying

insurers and consequently insured almost a

third of the entire profession.

Quinn was forced to stop trading in March

2010, however, fortunately for their insured’s;

the administration was not deemed an

“insolvency event” under the Qualifying insurers

agreement. the Quinn policyholders were able

to continue with their policies until renewal

rather than having to purchase another policy.

the policyholders with independent were not so

fortunate; when in 2001 one of the uK’s largest

insurers, independent insurance went into

administration triggering an “insolvency event”.

these policyholders were forced to purchase

another policy.

since 2007, we have seen a number of other

unrated insurers enter the market (such as

lemma europe, Balva, alpha, enterprise and

elite) resulting in approximately a third of the

legal profession being insured through an

unrated insurer.

some of these policies are sold by brokers

on the basis that the unrated insurer has

reinsurance with rated insurers; however it is

worth noting that the contract of reinsurance

is between the insurer and the reinsurer. in the

event of insurer failure, policyholders would

have no recourse against the reinsurer should

any claims may not be paid.

Just last year lemma europe lost their

authorisation from the Gilbratar regulator on 1st

august 2012. the company is being wound up

and any practices with outstanding claims will

need to seek compensation from the Fscs if

they are eligible.

Balva, a latvian unrated insurer has recently

been prohibited by its home state regulator

from writing any further new business in the

united Kingdom. Practices currently insured

with them are still protected but may have to

find a new insurer for the next insurance year.

Prior to the last renewal, the law society

issued a Pii buyers guide to help the profession

renew their Pii and then in March 2013 issued

a more comprehensive guide to the choice of

insurers and their rating to help educate the

profession.

No broker can guarantee the financial solvency

of any insurer; however most respectable

brokers will only recommend insurers that meet

a certain financial strength. the security of an

insurer is even more vital in Pii as it can take

several years between notification of the matter

and eventual settlement of the claim. a policy

is a promise to pay and a policyholder needs

to be able to buy a policy with the security that

there is a realistic prospect that an insurer will

be able to meet their obligations over the long

term. n

steve holland, senior Vice President, Global

Professional risks solutions

e-mail: [email protected]

telephone: +44 (0)20 7933 2444

Brian Balkin, senior Vice President, Global

Professional risk solutions

e-mail: [email protected]

telephone: +44 (0)20 7933 2045w

PoteNtial DoWNsiDe to your BusiNess oF BuyiNG cheaP WheN it coMes to your ProFessioNal iNDeMNity iNsuraNce (Pii)since the demise of the solicitors indemnity Fund in september 2000, Pii has been placed in the commercial general insurance market. all Qualifying insurers have to sign up to the solicitors regulatory authority’s minimum terms and conditions (Mtc) which is a standard wording that all primary polices have to comply with.



Professional indemnity insurance

if there is a conflict, or a significant risk of

conflict arising between two or more clients,

Firms may not act for all or both of them unless

the matter falls within the limited scope of

exceptions set out in the 2011 code. When

Firms are deciding whether to act under these

circumstances, overriding consideration must

be given to the best interests of each client and

whether the benefits of acting for each client

outweighs the risks posed to each client. in

any event, the decision taken must meet the

principles of the new code and ensure that all

of the clients’ confidentiality is preserved as

required by chapter 4 of the code.

in determining if indeed a client conflict exists,

consideration should be given to whether the

clients’ interests are different, whether your

Firm’s ability to give independent advice to

each of the clients remains unfettered, if a

need will arise to negotiate between two or

more clients, whether there is an imbalance

of negotiating powers between each or any of

the clients and, if one or more of the clients are

vulnerable.

the 2011 code mandates that Firms must have

systems and controls in place for identifying

client conflicts, which are appropriate to the

Firm’s size, complexity and the nature of the

work that the Firm undertakes.

the basis to a systematic means of checking

for client conflicts of interest should be a

properly constructed matter register. this

means that the matter register should be able

to facilitate searches that can match client

surnames and addresses so that, for example,

the Firm can identify if it is being asked to

represent both the husband and wife in a

matrimonial matter and if either the husband

and wife have jointly or singularly instructed the

Firm previously. in addition, the matter register

should be able to identify all files linked to a

particular client to identify the potential of a

wider conflict existing.

checking for client conflicts of interest should

not be confined to matter opening procedures.

there is a need to be aware of circumstances

that might arise whereby conflicts become

apparent during the course of a matter. For

example, fee earners should be alert to

potential conflicts being posed by new parties

becoming involved in a civil matter, or a conflict

becoming apparent between co-accused

during the course of a criminal defence matter.

there are exceptions cited in the 2011

code to the prohibition of Firms acting for

clients where conflicts exist, or where the

potential for conflicts might exist. Mandatory

outcome o (3.6) sets out the issues Firms

should consider where client conflicts do,

or potentially do, exist; where clients have a

substantially common interest in a matter or

a particular aspect of it. Mandatory outcome

o (3.7) identifies what Firms must take into

consideration when deciding to act where there

is a client conflict and the clients are competing

for the same objective.

Where Firms are conflicted out from acting for

clients, they should have the means of directing

the client to alternative sources of advice and,

whenever possible, do so.

clearly, for many Firms, establishing systems

that check for client conflicts at the outset

and during the course of matters is a complex

undertaking. to assist Firms in this regard,

the aon Quality assurance risk Management

service offers precedent documents for

download from aonrm.com and modification to

suit the needs of the Firm, including a specimen

office manual that includes suggestions on how

client conflict procedures can be incorporated

into a Firm’s overall arrangements for risk

management. n

Nam Qureshi,

senior client Manager and lexcel consultant,

aon uK limited

telephone 0121 2533294

[email protected]

Aon UK Limited is authorised and regulated by

the Financial Conduct Authority.

clieNt coNFlictsManaging client conflicts can be one of the more sensitive aspects of practice management, compounded by the non-prescriptive nature of chapter 3 in the 2011 code. to reduce any negative impact on your client relationships, it is important to identify and respond to potential conflicts as early as possible in the matter acceptance process.




Feature

the official rail industry figures, which are

based on the percentage of services that

arrive within a minute of their scheduled time,

revealed that 87% of chiltern railways trains

were on time against a national average of

68.1%, placing the train operator miles ahead

of companies such as Virgin and london

Midland.

rob Brighouse, Managing Director at chiltern

railways said: “It’s fantastic to be top of the

league table for the sixth consecutive period,

which is testament to the incredible hard work

and commitment of our staff. We understand

how important it is to have a punctual service

on which our passengers can rely. Whilst these

results reinforce how we are leading the way,

we mustn’t be complacent and are committed

to looking at ways to further improve the

passenger experience.”

this is the latest in a series of good news

stories set to benefit business and leisure

travellers from the region. on 19 May, chiltern

railways launched a refreshed timetable,

giving sunday afternoon travellers even

more options when travelling to and from the

capital. in particular, passengers can now

benefit from faster trains by up to 6 minutes

to and from Birmingham and an extra 250

seats on services between london and

Birmingham. these changes will be welcome

news for weekend passengers wishing to take

advantage of a day out in london. Passengers

can make the most of their weekend with 2

for 1 entry to lots of top attractions along the

line. the train operator also has a selection

of offers including Groupsave travel enabling

four people to travel off-peak for the price of

two adults and the Family travelcard, which is

available for groups of between 1 adult and 1

child and up to 2 adults and 4 children.

over the years, the company has developed

a strong relationship with Birmingham law

society, to ensure that they shaped a service

that works for business travellers. chiltern

railways also sponsors the legal awards and

the President’s dinner. the onboard experience

remains a big hit with passengers regularly

commenting on the high numbers of tables

per carriage, power points at every seat and

free Wi-Fi. Passengers also favour the train

operator’s premium economy style Business

Zone, which fills a clear niche in the market.

it features all the services that our research

told us business users want: extra legroom

(more than most first class services), tables,

power points, and high quality food. this has

contributed to record growth

in the number of journeys

between the West Midlands

and london.

it’s therefore no surprise

that the company is

experiencing record

growth in the number

of journeys between

the West

Midlands and

london.

While free

Wi-Fi on

board

has been

available

since the

launch of

Mainline,

the train

company

has recently

started to roll it

out to all stations.

Passengers at

stations

along the

route will

be able to take advantage of free high-speed

internet access for up to an hour each day,

allowing them to browse websites, access

social networks and enjoy an improved

experience at chiltern stations.

With features such as these, there are now

more reasons than ever for choosing chiltern,

especially for travellers looking for fast, reliable

and value for money travel option to the

capital. n

chilterN railWays still toP WheN it coMes to riGht tiMe traiN PuNctualitychiltern railways has been named top franchise rail operator for right time train punctuality for a record sixth period running, according to research released by Network rail.



Feature

statistics show that the office dealt with 27

cases in 2007 which has exorbitantly increased

over the last five years, to 253 cases in 2012.

Furthermore, in 2012 alone, there has been a rise

in the number of different jurisdictions the office

has dealt with, the majority being countries

within europe, with high percentages attributable

to Poland, spain, Germany and France.

this is not surprising in light of the increased

movement of people from all backgrounds

driven by globalisation which spawns family

disputes with an international element. the

increase of mixed nationality relationships

coupled with a high rate of separation has

amassed scope for international family

disputes. research funded by the Foreign

and commonwealth office confirmed that

many abductors are loving parents, usually

mothers, fleeing home on the breakdown of the

relationship, which has led them to a foreign

environment. Many parents are tempted to act

impulsively and remove their children in secret,

leaving the other parent bereft and the child’s

life hopelessly dislocated.

the hague convention 1980 provides an

effective legal framework for the signatory

countries to order prompt return of abducted

and retained children to the state from which

they have been removed. cases may be referred

to lJ thorpe’s office for direct communication

between Judges from england and Wales and

another jurisdiction or where a Judge (uK or

overseas) requires advice and assistance relating

to an international family law matter.

it is inevitable that illegal movement of children

is becoming a more serious problem every year

in our brave new world; the world of family law

will never be as it was 30 years ago. n

Mrs Pam sanghera (formally Gheent)

the Family Firm solicitors

Birmingham

the rise oF iNterNatioNal chilD aBDuctioNWhether abduction takes place in the form of wrongful removal or wrongful retention, it is widely agreed that the number of abduction cases are rapidly increasing. this is echoed by the head of the office of international Family Justice for england and Wales, lord Justice thorpe, following the release of the recent office annual report.



DeBt recoVery WarNiNG FroM srathe strict application of the principles and

rules of the code of conduct can have some

unwelcome ramifications for firms practising in debt

recovery work. Particular problems arise where the

firm receives its instructions from a debt recovery

agency on behalf of its creditor clients. Firms in

this position would be well advised to pay heed to

a recent Warning Notice published by the sra.

a typical scenario is where a creditor business instructs

a debt recovery agency to collect its debts. the

agency in turn has an arrangement with a solicitors’

practice and sends out pre action letters using the

solicitors’ headed paper. if that is unsuccessful the

agency instructs the solicitors’ practice to issue

proceedings on behalf of its creditor client. When the

debt is recovered the solicitor accounts to the agency,

which then in turn accounts to the creditor client.

in many cases this arrangement works perfectly

well. the creditor client - some of whom may

have thousands of debts to collect – has only one

organisation to deal with and the costs of dealing with

an agency are lower than dealing direct with solicitors.

Many would take the view that this arrangement

should be beyond reproach and would be likely to

work in the best interests of the creditor clients.

the sra, however, is concerned that in being party

to such tripartite arrangements firms are putting

their independence at risk. the actions of the

agency may involve them, indirectly, in becoming

party to overly aggressive and/or misleading

correspondence. a further concern is that the debt

recovery agencies are carrying out reserved legal

activities contrary to the legal services act 2007.

the Warning Notice comes hot on the heels of two

cases heard in the solicitors Disciplinary tribunal

in 2013. the first case is trevor Munn (SDT 11003-

2012) where Mr Munn was fined £40,000 and ordered

to pay costs of £35,000. Mr Munn allowed a debt

recovery agency to send out pre action letters on

his headed paper in a standard format originally

drafted by him. he also permitted court proceedings

to be issued on behalf of the creditor clients in his

name as if he were acting for the creditors. Fixed

costs were claimed on the basis that a solicitor

was acting for the creditor claimant even though

the proceedings had been issued by the agency.

as the conduct of litigation is a reserved legal activity,

it is the issue of proceedings which was the most

serious allegation in this case. there was no direct

relationship - contractual or otherwise - between the

creditor client and the solicitor despite the fact that Mr

Munn was on the record at court as acting “on behalf

of the Claimant”. to all intents and purposes the

agency was conducting litigation. section 14(1) of the

legal services act provides that it is a criminal offence

to carry on a reserved legal activity unless entitled to

do so and o(7.9) of the code of conduct provides

that reserved legal activities must not be outsourced

to people who are not authorised to undertake them.

the second case which has been relied

upon by the sra in the warning notice is the

subject of an appeal, so the judgment is not

presently available on the sDt website.

apart from this Warning Notice on debt recovery, the

sra has also published notices recently on other types

of work (stamp duty land tax and payment protection

insurance) that it considers challenging from a regulatory

viewpoint. Practitioners will recall that the sra had

similar concerns regarding miners’ compensation

and land banking cases in the past. such notices and

guidance are welcome in setting out the sra’s position.

What differentiates the debt recovery cases from some

of the other examples is that the creditor clients are

almost exclusively business clients and not private

individuals. they are sophisticated enough to weigh

up the risks of dealing with debt recovery agencies.

the sra does not allege a failure to act in the best

interests of clients. the Notice states categorically

that an assertion that you were acting in the “best

interests” of your client is not an answer to the making

of an improper demand. the sra’s focus is in relation

to protecting the conduct of litigation as a reserved

legal activity and protecting the interests of the debtors

from misleading or aggressive correspondence.

Firms should be aware that innovative ideas for

business development that involve an intermediary

dealing direct with the ultimate client are those that

are likely to attract the attention of the sra. simply

concentrating on the interests of your own client is

not enough - other professional considerations to

be found in the Principles and the code of conduct

of the sra handbook are also likely to apply. n

By Jayne Willettssolicitor advocate

Jayne Willetts & co - specialists in Professional

regulation

Jayne Willetts is a director of infolegal ltd – providing the colpline practice advice

helpline and consultancy advice for law firms – www.infolegal.co.uk

regulation report

www.birminghamlawsociety.co.uk | 19 www.birminghamlawsociety.co.uk | 19


Learning & DevelopmentProfessional Services

BIRMINGHAM LAW SOCIETY

course list september 2013

course highlights

Full details of all our seminars are advertised on our website and regular emailers are sent out to our members. We are currently in the process of confirming further seminars, debates and conferences; if you have any specific training requirements or would like to suggest future topics, please do email me at [email protected]

Date time cPD hrs course title area speakers Fees £ Members Non Members

04-Sep-13 8:30-17:00 7 Management Course Stage 1 Management Doug Robinson £170 + VAT £210 + VAT

05-Sep-13 12:00-14:30 2 Mortgage Fraud Regulatory Stephen Cariss £50 + VAT £70 + VAT

11-Sep-13 11:00-12:00 1 Planning Issues in Property Transactions webinar Conveyancing Anthony Rollason FREE FREE

11-Sep-13 12:00-14:00 1 Mortgage seminar with Wesleyan Mortgage Peter Moss FREE FREE

12-Sep-13 13:30-17:00 3 Data Protection Regulatory Allison Matthews £99 + VAT £115 + VAT

16-Sep-13 12:00-13:00 1 Professional Indemnity Renewal – a look at the Insurance Angus Turner £25 + VAT £35 + VAT SRA Minimum Terms and Conditions, pressures Sarah Trendell-Smyth faced by the legal marketplace and the current claims environment Alexa Jone

17-Sep-13 9:30-16:00 5 Solicitors Accounts Rules: All day session Legal Accounts Linda Lambert £150 + VAT £190 + VAT Support Staff: £110 + VAT Support Staff: £150 + VAT

18-Sep-13 17:00-19:00 1.5 Bear traps to avoid in the Employment Law Employment Colin Goodier £50 + VAT £70 + VAT Noel Lambert

23-Sep-13 13:00-16:30 3 Guide to building regulations for conveyancers Property Richard Snape £99 + VAT £115 + VAT

25-Sep-13 12:00-14:30 2 Risk Management Regulatory Stephen Cariss £50 + VAT £70 + VAT

26-Sep-13 13:00-17:00 3 Presence and Persuasiveness for Lawyers – Management Nick Hughes £99 + VAT £115 + VAT How to Influence Clients

Please see our website for further seminars: www.birminghamlawsociety.co.uktelephone: elizabeth Dziergas, Professional services executive on 0121 230 1709email: [email protected]

Professional Indemnity Renewal – a look at the SRA Minimum Terms

and Conditions, pressures faced by the legal marketplace and the

current claims environment

Date: Monday 16 september 2013

Time: 12.30 - 12:45 – registration/refreshments

1pm – 2pm – seminar with Q & a session

Venue: Mills & reeve llP, 78-84 colmore row, Birmingham, B3 2aB

CPD: 1hr accredited by the sra

Fees: £25 + vat for members, £35 + vat for non-members

Speaker: angus turner, sarah trendell-smyth, alexa Jones

Why attend: this session would be

most relevant to senior and Managing

Partners, and those who look after their firm’s professional indemnity

insurance arrangements, and manage any claims that the firm may

face.

CHAIR: Angus Turner: angus has been a partner since 2000, having

qualified with Mills & reeve in 1995. he is recognised by the legal

directories and clients, as a leader in his field and specialises in defending

law firms against professional negligence claims. as well as heading

up the team of 26 in Birmingham, angus is the national sector head

within Mills & reeve for claims against law firms and regularly speaks

at conferences held by the leading professional indemnity insurers for

lawyers. the sector practice has been described by chambers as “a team

that won’t drop the ball” and angus has been described by legal 500 as

“a shrewd strategist” and someone who is “always switched on”.

Sarah Trendell-Smyth: sarah is an associate in the team, with over 12

years experience of defending legal professionals, including success

in the court of appeal in the reported case of Webster v sandersons.

sarah is a core member of the legal Professions sector within Mills &

reeve, and regularly acts for law firms facing complex and significant

value claims. clients have said of sarah that ‘she is able to look at

the issues from different angles and think commercially, creatively and

laterally rather than stick to a purely legalistic viewpoint.’

Alexa Jones: alexa is a solicitor in the team, having qualified with

Mills & reeve in 2009. alexa spends all of her time acting for law firms

in the defence of professional negligence claims, and has particular

experience of acting on portfolio claims made by lenders and for

intervened practices.


Solicitors’ Accounts Rules

Date: tuesday 17 september 2013

Time: 9:30 registration and breakfast, 10:00 - 16:00 seminar

*lunch will be provided

Venue: Birmingham law society, 43 temple row, Birmingham, B2 5ls

CPD: 5 hours cPD accredited by the sra

Fees: Member Fee for Fee earners: £150 + Vat, Member Fee

support staff: £110 + Vat, Non-Member Fee for Fee

earners: £190 + Vat, Non-Member Fee support staff: £150 + Vat

Speaker: linda lambert

the solicitors regulation authority’s accounts rules have been

substantially updated with the new rules being applicable from

october 6th 2011. also brought in at the same time were two new

roles; these being the colP and the coFa, which start as from

January 1st 2013. Due to the new roles it is important that there is

a thorough knowledge of the rules to ensure breaches, if any, are

identified as well as ensuring, where ever possible, full compliance

by the firm and their personnel. this course is a full rules course; it

includes the new roles starting 2013 and of course the rules. the aim

of the course is to help firms comply with the rules as fully as possible

and to help highlight areas of potential non-compliance.

Topics covered include: client account and client Money; use of client

account; client Monies withheld from client account; interest rules;

What is a Bill?; What is an agreed Fee?; office Monies and Professional

Disbursements; Bank reconciliations; legal aid (in brief and sar only);

accounting systems and records (including central records)

Linda Lambert: linda lives and works in the West Midlands where she

came to read accountancy at Birmingham university. after obtaining

her degree she then worked in the banking and financial sector and as

a trainee chartered accountant before joining the legal profession some

25+ years ago. linda has in her career worked as a sole legal cashier

for a small city practice, a Finance Manager for a 14 partner provincial

firm and as a Practice Manager before working freelance. she has

experience of accounts systems from hand written to computerised

and has been responsible for introducing new systems in the practices

she has worked in, in particular dealing with management information

and credit control. linda has trained as a lecturer for further education

and is currently the institute of legal Finance and Management

(ilFM)’s lecturer in ‘the solicitors regulation authority’s accounts

rules’, the tutor for the ilFM’s associate accounts course, as well

as working as a freelance legal cashier, mainly in Birmingham. linda

has also acted as a consultant for a two partner firm of solicitors in

Worcestershire, covered maternity leave, on a part time basis, in the

Department dealing with risk and compliance in a medium sized

Worcestershire practice and presently undertaking training of Fee

earners and support staff in several well-known firms countrywide.

Guide to building regulations for conveyancers

Date: Monday 23 september 2013

Time: 13:00 registration and lunch, 13:30 - 16:30 seminar

Venue: Birmingham law society, 43 temple row, Birmingham B2 5ls

CPD: 3 hours cPD accredited by the sra

Fees: Member: £99 + Vat Non-Member: £115 + Vat

Speaker: richard snape

Knowledge of Building regulations is becoming essential for

conveyancers and the topic is becoming of ever increasing importance

within the conveyancing process. the course aims to look at some

major issues as they affect conveyancers.

Topics covered include: enforcement periods; insurance issues;

Building regulations requirements in relation to conservatories, loft

conversions, extensions and garages; Building regulations and Build

over agreements on or near public sewers in the light of the adoption

of private sewers; What enquiries to make

Richard Snape: richard has worked as a consultant and Professional

support lawyer for Davitt Jones Bould solicitors since 2002. he was

formerly a senior lecturer in law at the university of West of england,

Bristol, and was head of land law. he and has done numerous courses

for local law societies all over the country, various public courses

throughout england and Wales, in-house seminars within solicitors

firms, and has also talked extensively to local authorities and central

government bodies such as the Ministry of Defence, National health

service and hM revenue and customs. he has also lectured within the

land registry and has written various articles for the legal press. his

areas of specialism include both commercial and residential property,

in particular in relation to local government law, domestic conveyancing

issues, development land, commercial property and incumbrances in

relation to land. an introduction to social Media for lawyers: how to

achieve more results in less time, with less effort and for less money.

Presence and Persuasiveness for Lawyers

A workshop developed in conjunction with the Birmingham Law Society

Date: thursday 26 september 2013

Time: 13.00 - 13:30 – registration/refreshments

13:30pm – 17:00pm – workshop session

Venue: Birmingham law society, 43 temple row, Birmingham B2 5ls

CPD: 3hr accredited by the sra

Fee: £99 + vat for members, £115 + vat for non members

this workshop has been designed for mid-career

lawyers who are starting to lead client accounts

and need to win new business. it is a half day

seminar for up to 20 delegates and will be

credited for 3 hours cPD points by the Birmingham law society.

By the end of the seminar participants will have learned how to

create interest from prospective clients and also how to develop their

personal skills in persuasiveness whatever the context, with a clear

set of tools for further action. During the workshop, volunteers will

be filmed delivering a pitch to prospective clients and playback will

be used to give feedback and coaching to those individuals and to

generate group discussion analysing the key skills to master. the

session will be lively, interactive and enjoyable.

Members’ News

a lawyer who deals with the

private legal affairs of people

across the region is celebrating

after receiving an excellence

award from steP (society of trust

& estate Practitioners) as one of

the top students of the year.

lisa Whitehouse, a lawyer in

higgs & sons’ private client team,

achieved the uK’s highest mark

in the administration of estates

examinations and was presented

with her award at a special

luncheon in london.

speaking about her award, lisa

said: “Professional development

is essential if we are to give our

clients the very best legal advice.

Higgs recognises the importance

of STEP and has supported me

throughout my exams.”

steP is the leading worldwide

professional body for practitioners

in the fields of trusts, estates and

related issues. Members help

families secure their financial

future and protect the interests

of vulnerable relatives. the

organisation promotes the highest

professional standards through

education and training, leading

to widely respected professional

qualifications. n

steP iN the riGht DirectioN For laWyer lisa


Midlands-based

Qualitysolicitors talbots

has appointed one of the

region’s leading licensing

lawyers, meaning the firm can

offer expert advice in what is a

niche and specialist area of law.

Peter adkins is a commercial

litigation and dispute resolution

specialist but is highly regarded

for his legal 500 recognised

specialism in licensing and

Gambling law.

Director at Qualitysolicitors

talbots, Martyn Morgan,

commented “Peter is a

genuine expert in all types

of licensed and gambling

premises including pubs,

hotels, restaurants and casinos.

He is highly regarded as was

recognised by his being a

finalist for Partner of the Year

at the Birmingham Law Society

Legal Awards. We’re excited

Peter is joining QualitySolicitors

Talbots and really look forward

Qualitysolicitors talBots toasts aPPoiNtMeNt oF leaDiNG liceNsiNG solicitor

to working with him to grow this

part of our business.”

Peter joins as a Director. “When

I was approached by Talbots I

was immediately interested and

intrigued. The practice has an

outstanding reputation and I look

forward to working with my new

colleagues and bringing my skill-

set to the area. I’m excited about

joining Talbots and helping their

clients as well as continuing to

assist my existing ones.”

Peter is regularly asked to

comment on changes in licensing

law as well as to provide expert

training to local authorities and

other bodies. he also has an

acknowledged expertise in the law

as it affects social and members

clubs and runs cherryPick, a

networking group for suppliers

to the licensed trade across the

region. n

Birmingham city centre

solicitors DBs law have

begun a major expansion

programme with the acquisition

of an established high street firm

hearne & co from Bearwood. the

aim of the merger is to combine

the excellent customer service and

local knowledge of the high street

with the weight and resources of a

big city practice.

specialising in conveyancing and

wills and probate, hearne & co

have served the community of

Bearwood for over thirty years.

DBs law will now be bringing

additional legal services, family,

employment and business law to

local people from the Poplar rd

office.

the move is a direct challenge

to current trends in retail and

in legal services which are all

moving out of the high street.

Prospects are thought to be so

bad for neighbourhood retailers

and service providers that the

government commissioned tV’s

Mary Portas to produce a report

on how to save Britain’s high

streets. Portas identified out

of town shopping centres and

internet services as the main

reason for the demise of local

stores.

DBs law are going local after

market research has shown this is

what the public want.

DBs law ceo rob Bhol said,

“We’ve been convinced by

extensive research that people

are more comfortable accessing

legal services from a real place

rather than a virtual one. Even

if they don’t have time to come

into the office very often knowing

it’s there is still reassuring. We

think local offices will be a major

improvement in the clients

experience in future.”

roger hearne said, “We are very

excited to be joining with such a

strong and forward thinking firm.

As well as their excellent legal

services DBS Law has a proud

tradition of supporting community

projects. We’re looking forward to

doing even more in our community

here in Bearwood.” n

DBs laW MoVe iNto the hiGh street to ProMote local serVices

the new team is also expected

to fully utilise Mills & reeve’s

Norwich-based paralegal support

unit (Psu), which has just

celebrated its first anniversary. the

Psu, which deals with systematic

procedures such as e-discovery,

is just one way in which Mills &

reeve is looking to manage its

profit margin by putting in place a

number of best practice ideas.

Neil Davis, head of Mills & reeve’s

insurance sector, said: “We’re

delighted to welcome Alan

and his team to Mills & Reeve.

His corporate facing team will

complement our existing offering

and enhance the services we can

provide. We are convinced this

is a positive step for the clients

involved, and have worked to

facilitate a smooth transition." n


Members’ News

stourbridge based law firm,

Wall James chappell, were

lead advisors on the contractual

sponsorship arrangements

between Nicolites and Birmingham

city Fc. the new agreement

means electronic cigarettes firm,

Nicolites, have signed up as the

new principal partner of Blues for

the 2013/14 season.

as part of the major sponsorship

agreement, the Birmingham-

based firm’s logo will adorn

Blues’ first-team and adult

replica shirts for the forthcoming

championship campaign. the

link with last season’s official

charity partner, help harry help

others, will continue this season.

to further this partnership,

Nicolites has agreed to allow

the help harry help others logo

to be carried on the front of all

junior, infant and baby shirts

for the 2013/14 campaign. it

will also feature on the Blues

academy’s playing kit.

Philip chapman, head of

commercial services at Wall

James chappell, said: “We were

delighted to advise on this deal.

Birmingham City FC continues to

attract strong sponsorship and

we are sure that this partnership

with Nicolites will be successful

for both parties for the 2013/14

season.”

Nicolites managing director

Nikhil Nathwani said: “As a

Birmingham-based company we

are proud to be able to support

Birmingham City FC as the

club and fans look forward to a

successful season both on and

off the pitch. We have grown our

business in the city, invested in

the region and created jobs. This

new partnership demonstrates

our commitment to the West

Midlands region and to one of its

largest football clubs.”

ian Dutton, Blues’ head of

commercial, said: “We are

delighted to have secured an

outstanding principal partnership

with one of the most successful

Birmingham-based businesses in

recent years. Although they are a

national brand stocking in major

retail outlets, it is quite clear that

Birmingham and the surrounding

Midlands area is very much still

at the forefront of their minds.” n

Nicolites NeW MaiN sPoNsors oF BirMiNGhaM city Fc

National law firm Mills & reeve

has acquired a nine-strong

defendant insurance team.

the team will be based in Mills

& reeve’s Birmingham office in

colmore row and led by partner

alan Jacobs.

the move further strengthens

Mills & reeve’s casualty offering,

which has recently been boosted

by the appointment of consultant

chris Gough in the Manchester

office and the presence of partner

Kate archer in Birmingham.

alan has considerable experience

in handling serious rta,

employer’s liability and public

liability claims, and is also well-

known for creating the Medical

experts’ Database service (MeDs),

the online medical database for

the insurance industry. he brings

with him a team of eight, including

associate Felicity ho, solicitor

Jagjit Virdi, three other fee-earners

and three support staff.

Mills & reeVe aDDs NiNe-stroNG iNsuraNce teaM

Birmingham law firm the Wilkes

Partnership has announced

the appointment of two new

associates to its growing team.

Pam sidhu joins the employment

team, and Gavin evans joins the

commercial litigation team.

Pam brings over 12 years’

experience in employment law,

advising a variety of businesses

from large multinationals to sMes

on both contentious and non-

contentious issues, and is an

experienced employment tribunal

advocate. Gavin has spent 10

years in commercial litigation, again

working on dispute resolution for

businesses of all sizes.

commenting on her appointment,

Pam sidhu said: “The Wilkes

Partnership is a well-respected

firm in the Midlands legal market,

and has a growing employment

law practice. I wanted to join

the team as I believe there is

scope for me to make a real

contribution to the development

of the firm’s employment offering,

bringing my experience across

a variety of areas including

TUPE, discrimination law and

restructuring.”

Gavin evans added:

“The Wilkes Partnership has

an excellent reputation for

commercial litigation and has

a unique offering in the market

– it works with some major

businesses yet has a personal

approach. I am looking forward

to joining a high-quality team,

building new client relationships

and growing my understanding

of the Birmingham business

marketplace.” n

WilKes PartNershiP eXPaNDs With NeW aPPoiNtMeNts


General News

a big “thank you” to all those

who attended the Birmingham

solicitors Group’s ‘New committee

Drinks’ at Primitivo Bar & eatery

on 19 June 2013. the event was

a huge success and it was great

to see so many of you there, from

across the legal spectrum.

the event was a full house and

BsG is extremely grateful to

its sponsors, robert Walters,

the world-leading specialist

recruitment consultancy.

on Friday, 19 July 2013, BsG

is holding a joint event with the

Birmingham law society and

Birmingham trainee solicitors

society. our annual summer

Party will have a 1920s speakeasy

theme and it is being held at

the the Botanical Gardens,

edgbaston.

the event will include: Drinks

reception on the garden terrace

entertainment:

• Gaming tables

• Jazz music

• live Band and DJ

• 3 course Gourmet Buffey

• charity raffle with brilliant prizes

For further details of our

summer Party and picture from

our ‘New committee Drinks’,

please see our website: www.

birminghamsolicitorsgroup.com n

BirMiNGhaM solicitors GrouP say thaNK you

applications for 2013 rise

by nearly 70% following

successful launch last year

the university of law’s unique

undergraduate ll.B law degree,

which launched in september

2012, has been shortlisted for

a prize in the educationinvestor

awards 2013.

With 111 enrolments the ll.B

(hons) law was the most

successful law degree launch in

england and Wales in 10 years,

with a higher number of students

in its first year than any of the

more than 50 law degrees that

launched in the previous decade.

its success looks set to grow in

2013 with application numbers

increasing by nearly 70 per cent

on last year, with nearly 1,000

applications received so far

across the seven nationwide

university of law (ulaw) centres

running the programme.

Now ulaw has been named

as one of five finalists in the

‘education Providers: higher

or Professional’ category of the

educationinvestor awards.

the awards are run by

educationinvestor, a monthly

magazine featuring news and

analysis of business and political

developments in the education

sector. the organisers report that

this year’s awards have been

the most competitive yet, with

submissions up nearly 30 per

cent on 2012. the winners will

be announced in November.

Professor scott slorach, Vice

uNiVersity oF laW’s NeW ll.B laW DeGree shortlisteD For eDucatioN iNVestor aWarD

President (education) at the

university of law, said: “This

award nomination is a fitting

recognition of the huge amount

of investment that went into

our new LL.B programme. The

course is the first of its kind,

grounded on practice-based

professional learning designed to

prepare students for the modern

world of law and focussing on

boosting students’ employment

prospects.

“In contrast to many traditional

purely academic law degrees,

our LL.B has at its heart the

teaching of professional skills

that are essential when entering

the legal profession, alongside

academic examination of legal

issues. The programme launch

was hugely successful and we

look forward to witnessing its

growth in the coming years.”

employability is a key feature

of the course, with timetabled

workshops to help students

understand the career

opportunities inherent in the fast-

changing legal services market,

both in the uK and globally.

the degree is about the practical

development of knowledge and

skills, with students examining

how law affects individuals and

businesses, and can be used to

resolve disputes. this enables

them to develop a better overall

practical understanding of

how the law works in realistic,

contemporary scenarios, rather

than simply studying its historical

development.

in keeping with its reputation in

the legal education sector for

innovation in learning design,

ulaw developed over 600

multimedia learning resources

specifically for the ll.B to

bring the law to life. these

include videos of lawyer/client

interactions, film and avatar

animations to illustrate leading

cases and problem-solving

scenarios plus interviews and

presentations featuring expert

practitioners.

in its first year the ll.B ran at

ulaw’s london Bloomsbury,

Birmingham, chester and

Guildford centres as a two-

year programme. its success

has led ulaw to extend the

programme to its york, Bristol

and Manchester centres

from september 2013 and to

introduce a three-year ll.B at

its london Bloomsbury centre

to increase student choice

regarding study duration.

in 2014 ulaw is to launch the

uK’s first two-year specialist

undergraduate degree in

international legal practice

in response to demand from

law firms for lawyers with

international specialisms.

the ll.B (hons) law with

international legal Practice

is being introduced alongside

the ll.B (hons) law and will

address the predominance

of english law in international

business, the increasingly

international needs of clients and

the cross-border dimensions of

many legal transactions.

ulaw will also offer a series of

Mlaw programmes including an

international Mlaw, combining

the ll.B with the institution’s

unique ll.M legal Practice

course (ll.M lPc), which

incorporates a Masters-level

ll.M qualification.

all ll.B degrees will be available

as both two- and three-year

courses and in total eight

different law degree programmes

will be offered at ulaw from

2014.

the university of law is the

uK’s only specialist university

in legal education and has eight

nationwide centres. n


events

Dates For your DiaryNetworking event Date: thursday, 19 september 2013

Time: 6pm - 8pm

Venue: Pitcher & Piano

Fee: Free

Legal Eagles Quiz - Joint Event with BSG and BTSSDate: Wednesday, 2 october 2013

Time: 6pm - 9.30pm

Venue: Burlington hotel

Fee: £10 per person

Pro Bono Networking EventDate: Monday, 14 october 2013

Time: 6pm - 8pm

Venue: tBc

Newly Qualified CelebrationDate: thursday, 24 october 2013

Time: 6pm - 8pm

Venue: hyatt regency Birmingham

Fee: Free For Newly Qualified

solicitors and Barristers

Past President LunchDate: Friday, 8 November 2013

Time: 12.30pm

Venue: opus

President’s DinnerDate: thursday, 21 November 2013

Time: 7pm - 12am

Venue: edgbaston cricket Ground

Fee: £75 + Vat per ticket

Legal Awards 2014Date: thursday, 20 March 2014

Time: 7pm - 12am

Venue: the icc

if you require any further information or if you would like to book onto any of these events please visit www.birminghamlawsociety.co.uk

Birmingham law society now accepts payment by card so if you would like to pay for any of the events by card please call: 0121 222 4190 with your card details or request a booking form by emailing [email protected]

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