Liverpool LaJan+2016.pdf · December is supposed to be that things start off fairly quietly on ......

Liverpool LawThe Magazine for lawyers in Merseyside and the North West

IN THIS ISSUE

Meet the new Presidentof Liverpool Law Society

PAGE 8

Liverpool Law SocietyNew Committee

PAGE 5

Injury Reform - AFalse EconomyPAGE 11

January 2016

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3From the Editor

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Welcome

Diary DatesWed 2nd March Management ConferenceWed 16th March Public Child Law Conference Wed 8th June Regulatory Conference 13 June - 1 July International Festival for

BusinessTue 4th October Liverpool Legal WalkWed 19th October Private Child Law ConferenceThur 10th November Annual DinnerTue 29 November AGM

Welcome to the first edition of the New Year.

We have a new cover for 2016 chosen by our new President Alison Lobb. For those members who donot know Alison We have included a "get to know" interview with her in this months edition. She willcontinue to write the monthly President's Mentions outlining her activities on behalf of the LLSmembers.

We will also continue to offer half a page each month to a charity to give them the opportunity toinform our members of their activities. If you have a charity you would like us to include please let mehave their contact details. This is in addition to the CSR pages we also run.

The general committee and local councillors summit takes place at the end of this month so please sendany questions you would like us to raise to Jeremy Myers, details inside.

Otherwise please keep your articles and photos coming, they are much appreciated.

That leaves me to wish all our members a happy and prosperous new year.

Sylvia [email protected]

SYLVIA [email protected]

Liverpool LawNeeds YOU!Liverpool Law SocietyMagazine is produced by andfor Liverpool Law SocietyMembers. This is ouropportunity to share ournews, events andcelebrations with our friendsin the legal community.

All members' contributions toLiverpool Law are warmlywelcomed. Please send yourarticle (and photo captionswhere possible) or requestfor further information, orassistance to the editor [email protected].

Photographs should beprovided in the highestresolution possible to ensurea good reproduction.

The views and opinionsexpressed in Liverpool Laware those of the individualcontributed and not those ofthe Liverpool Law Society.

Published by BaskervillePublications Limited25 Southworth WayThorntonThornton-Cleveleys Lancashire FY5 2WWTel: 01253 829431Email:[email protected]

Deadlines 2016

18TH JAN FOR FEB15TH FEB FOR MARCH14TH MARCH FOR APRIL12TH APRIL FOR MAY16TH MAY FOR JUNE13TH JUNE FOR JULY18TH JULY FOR AUG15TH AUG FOR SEP19TH SEP FOR OCT17TH OCT FOR NOV14TH NOV FOR DEC

Editorial CommitteeDates 2016

04/01/2016 AT 13:0001/02/2016 AT 13:0007/03/2016 AT 13:0004/04/2016 AT 13:0003/05/2016 AT 13:0006/06/2016 AT 13:0004/07/2016 AT 13:0001/08/2016 AT 13:0005/09/2016 AT 13:0003/10/2016 AT 13:0007/11/2016 AT 13:0005/12/2016 AT 13:00

4 From the President

Sponsored by

President’s MentionsWelcome, to my first edition ofLiverpool Law as President ofthe society. It is somewhatironic that, having servedseveral years as editor of thiswonderful magazine, chasingnumerous people, includingPresidents, for theircontributions, I am now on theopposite end of that; and thatour esteemed editor andpublisher are now having tochase me. Those pigeons arenow well and truly cominghome to roost…..!

One advantage of taking office inDecember is supposed to be thatthings start off fairly quietly onthe events front, with everyonesettling down in their own firms,preparing for Christmas. So itcame as a bit of a shock to thesystem to attend the LiverpoolCity Council “Fairness Summit”,on my first full day, (which youcan read about in later pages) -when I was officially introduced,for the first time, to a room full ofpeople as the President ofLiverpool Law Society. It mademe realise what a dauntingprospect lies ahead, but I really

ALISON LOBBPRESIDENT

hope I can do you all proud.

Another of my first jobs was tosubject myself to a grilling fromJulia Baskerville, which you canalso read about in this edition. Infact there seems to be a lot in hereabout me and I sincerely hopethat is not going to be the case forthe whole of the year and thatmany of the rest of you are goingto contribute to this publication tostop that from happening. As Ikeep saying, this role is not allabout me, it’s about all of you,and I look forward to hearingfrom as many of you as possiblethrough the coming year.

I am delighted that Sylvia agreedto continue as editor of thismagazine, as she’s been doingsuch a brilliant job. One of theexciting parts leading up to takingover as President is deciding onthe new front cover and colourscheme for Liverpool Law. I amreally pleased that we have usedone of my own photos on thecover, as I think we live in such abeautiful city, and I often takesnaps on my phone when I am outand about. The plan is to feature

a different picture each month,and if you have any great ones ofour Liverpool Law Society regionthen please do send them in andwe will try to use them. It wouldbe great to see lots of picturesfrom all over the area and not justLiverpool City Centre, as comingfrom a firm with branch offices Iam always acutely aware that noteverything takes place in the CityCommercial district, and there area lot of excellent lawyers doinggood things all over our region!

I am also pleased that we aregoing to continue with the charityfeature each month, and if youknow of any charities that youwould like us to feature thenplease do let Sylvia have theirdetails.

Like all Presidents I am startingwith good intentions and I aim tomeet as many of you as possible,through our events andsubcommittees, and coming out tosee you when I can. For starters, Ilook forward to seeing many ofyou at the Newly QualifiedSolicitors reception on 28thJanuary as we welcome last year’s

CHAR

ITY SPO

TLIGHT The Whitechapel Centre

The Whitechapel Centre is the leadinghomeless and housing charity for theLiverpool region. We work with peoplewho are sleeping rough, living inhostels or struggling to manage theiraccommodation. We are committed tohelping people find and maintain ahome and learn the life skills essentialfor independent living.

Last year we worked with 2,605 people -our support and advice found suitableaccommodation for 1,174 who werehomeless and prevented a further 948people from becoming homeless.

Our Centre is open every day for roughsleepers, providing hot meals, showers,clean clothes, assessments, welfare andbenefit advice, referrals to healthcare,learning and education. Our outreachteam is out daily, engaging with peopleon the street and responding to calls tothe No Second Night Out phone number.We support people into accommodationand provide a bond scheme, we jointlyrun two family hostels, drop-in housingadvice sessions, peer-mentoring andcomplex needs support. We understand

that helping people back to independencerequires intensive and long-term supportand we do all we can to help people gettheir lives back on track.

Homelessness can happen to anyone. Wehave worked with chefs, barristers,hairdressers, academics, medical staff,managers, construction workers, the listgoes on, with the causes of theirhomelessness ranging from relationshipbreakdowns, mental health issues and jobloss to bereavement, domestic violence oraddiction.

Unfortunately homelessness is on theincrease, recorded at 42% over the lastfour years, and so support from thegeneral public and the businesscommunity is even more vital to ensurewe can provide the necessary support toan increasing number of vulnerablepeople.

There are a number ways people canoffer their support. Vital to our successare the generous donations of money thatmean we can invest in our services toensure we can offer the expert advice and

advocacy to help people resolve theirsituation. Please consider supporting TheWhitechapel Centre financially throughregular giving, taking part in afundraising event or payroll giving.

We also accept donations of clothing,towels, toiletries, food and starter packsthat could include essentials such ascutlery, crockery, kettles and toasters forpeople being rehomed who have fewpersonal belongings.

You can also donate your time byvolunteering in either our Centre or shop.

For more information about TheWhitechapel Centre and how you canget involved visitwww.whitechapelcentre.co.uk

qualifiers to the local profession,and take the chance to mix withour counterparts at the MerseysideJunior Lawyers Division. Itshould be a great event and yoursupport would be very muchappreciated!

Alison LobbPresident

5Local News

The Society’s 188th AGM was held on 24th November 2015at which Mr Peter Holland, Mrs Naomi Pinder, Mrs SylviaShepherd, Mr Chris Topping, Mr David Tournafond and MsNina Ferris were elected as directors for a three year term.They were welcomed onto the General Committee along withJohn Weate who takes up the position of Criminal PracticeCommittee chair.

At the AGM, prizes were presented to the following for theirachievements in professional examinations in the LPC:

The Timpron Martin prize went to Miss Anna Barclay, DLA

The Rupert Bremner prize went to Mr Gregory Chambers, DWF

The Atkinson prize went to Mr Kevin Howard, Weightmans

The E. Rex Makin Prize is awarded to the youngest Solicitor to beadmitted to the roll in the Liverpool constituency.It went to Miss Kelly Marie Griffiths who is now at AllingtonHughes.

The Muir Matthews Prize is awarded to a young/trainee solicitor inLiverpool who is judged to have made the largest contribution on an all-round basis.

This prize was awarded to Ms May Lee, who works at Irvings, andis immediate past chair of the Merseyside JLD.

Liverpool Law Society’s AGM2015/16 Officers and GeneralCommittee MembersOFFICERSPresident - MS ALISON LOBB , Morecrofts Vice President - MR JOHN BALLAM , FPH LawHon. Treasurer - MR PHILIP ROONEY, DLA Piper UK Joint Hon Secretary - MS NINA FERRIS, Hill Dickinson Joint Honorary Secretary - MISS JULIE O’HARE, CarpentersImmediate Past President - MR EMLYN WILLIAMS, Weightmans

COMMITTEE CHAIRS & OFFICE HOLDERSAccess to Justice Committee Chair - MR CHRIS TOPPING, Broudie Jackson CanterCivil Litigation Committee Chair - MS KIRSTY MCKNO, Breens Solicitors Criminal Practice Committee Chair - MR JOHN WEATE, RMNJ SolicitorsEditorial Committee Chair - MS SYLVIA SHEPHERD, DLA Piper UK Education & Charities Committee Chair - MR DAVIDTOURNAFOND, Bermans Employment Law Committee Chair - MS NICKY BENSON, BermansFamily Business Committee Chair - MS ADELE SCHOFIELD, The Berkson Globe PartnershipRegulatory Committee Chair - MS MICKAELA FOX, Weightmans Membership Officer - MS SARAH MANSFIELD, BLMNon Contentious Committee Chair - MS NAOMI PINDER, Quality Solicitors Jackson & Canter Parliamentary Liaison Officer - MR JEREMY MYERS, Husband Forwood MorganPublic Relations Officer - MR STEWART MCCULLOCH, Quindell Legal Services The Law Society Council Member for Merseyside & District MRS SARAH LAPSLEY, Cook & TalbotTraining Committee Chair - MR JAMES MANNOUCH

COMMITTEE MEMBERSMR BILL CHANDLER, Hill Dickinson MR PETER HOLLAND, DWF MRS GLENYS HUNT, CarpentersMR STEVEN ZDOLYNY, Riverview Law

The General CommitteeBack L to R: Alistair Fletcher, Peter Holland, Emlyn Williams,Sarah Mansfield, Sylvia Shepherd, Jeremy Myers, Naomi

Pinder, MJLD Rep Anthea Malley, Bill Chandler Front L to R: Nina Ferris, Philip Rooney, John Ballam, Alison

Lobb, Julie O’Hare, David Tournafond, Nicky Benson

The Prizewinners with Emlyn Williams and Alison Lobb

With over 60 members Atlantic Chambers is able to offer a widerange of expertise within our specialist practice groups.

Civil Litigation including Clinical Negligence,Family, Chancery & Commercial, Crime,

Employment, Proceeds of Crime & Public Law

4-6 Cook Street, Liverpool L2 9QUT 0151 236 4421 F 0151 236 1559

DX: 14176 Liverpool 1.E-mail: [email protected]

6 Cashiers Conference

It’s that time of year again and Iwas delighted to chair the 5thAnnual Legal Cashiers andManagers Conference at theLaw Society on Wednesday 18thNovember 2015. The trainingsuite was full again with 50attendees including legalcashiers, accountants, COFA’sand solicitors . We welcomedback many attendees from lastyear’s conference and previouscourses and we were pleased towelcome a large number of newfaces.

With a packed programme for theday we started the conference ontime with our first speakers,Sharon Harrison and RichardCampbell from Barclays Bank,giving us a banker’s view onfinancial stability in the legalsector. This interesting sessiongave us an insight into how thebank and the law firm should worktogether to aim for financialstability finishing with some toptips for us follow. This sessionwas followed by Peter Taffe,Managing Partner of B WMacfarlane, our sponsors for theconference, giving us a session onCompliance and the hiddenadvantages for our firm and alsothe pitfalls of getting it wrong.

Following the coffee break wewere pleased to welcome back toour conference, Darren Whelan, aformer colleague of mine from theILFM. Following a verysuccessful session at our lastconference and proving to be apopular speaker, Darren deliveredan update on VAT: Disbursementsor Recharges and Tax Points. Onceagain, Darren delivered another 45minutes packed with informationand advice giving us a lot to thinkabout. Darren, again, delivered avery useful and interesting session.For our last session of the morningwe were pleased to welcome anew speaker to our conferences,Richard Syers, Lead Policy Officerwith the Information

Liverpool Law Society 5th Annual Conferencefor Legal Cashiers and Managers

Commissioners Office (ICO).Richard spoke about dataprotection in law firms includingwhat our main risks are, someexamples of bad and good practiceand gave some practical advice oncomplying with the DataProtection Act. With manyquestions being asked by theattendees, Richards delivered avery information session.

Over a buffet lunch we all had achance to mingle and chat witheach other and the speakers withmany questions being asked andbusiness cards being exchanged.

Following lunch we were pleasedto welcome back, by very populardemand, Steve Wilmott, Directorand MLRO at the SRA responsiblefor Intelligence, Investigations andPractice Standards. Steve has beenat all our conferences from thebeginning but was unable to attendlast year due to commitments atthe SRA so it was good to see himback. Starting with the first of histwo sessions, Steve, brought us upto date with the national MoneyLaundering landscape and gave usan update on the SRA’s thematicreview of AML compliance. Stevetold us that the SRA are seeing anincrease in reports concerningAML compliance with anincreased interest in this area fromlaw enforcement. Although theresults of the thematic review weregood Steve gave us a reminder thatthere is still a lot of work to bedone in the legal sector.

For his second session, Stevespoke to us on a topic very muchat the front of everyone’s mind,cybercrime and informationsecurity. The SRA have seen anincrease in the sophistication ofcybercrime and other scams hittingthe legal sector with funds lostranging between £50k and £2msince January 2015. Steve spokeabout the six key areas for us toconcentrate on together with therisk of bogus firms. This was an

excellent session giving us lots tothink about!

Following on from Steve, wewelcomed another new speaker toour conferences, Stephen Wallbank,an Investigation Team Managerfrom the SRA, who delivered avery informative session on whatthe SRA are seeing in relation toforensic investigations. Packedwith information, statistics and reallife case studies this session gaveus an insight into the world offorensic investigations at the SRA.

Following on from our afternooncoffee break we were pleased towelcome back another popularspeaker, Darren Cox, who is anOmbudsman and has worked at theLegal Ombudsman since 2010.Darren delivered a very engagingsession on dealing with customerservice complaints at the LegalOmbudsman and shared with ussome great examples of complaintsseen together with up to date factsand figures. It was then time for the last sessionof the day delivered by myself.The other speakers were all hardacts to follow so I decided to play a

quiz and see how muchinformation we had rememberedfrom the day. This interactivesession was an informative butlight hearted and fun way to end agreat day. Everyone was a winnertaking home their prize of a smileyface pencil!

All too soon it was time to bringthe day to a close and say ourgoodbyes. Our thanks go to ourspeakers, many of them stayingfor the whole day, our sponsors forthe day, B W Macfarlane and thestaff at Liverpool Law Society,especially Jo and Emma formaking the day run smoothly anda huge success. Special thanks goto our attendees for showing theirsupport at this event – we couldn’tdo this without them!

Here’s a date for your diary!Wednesday 16th November 2016for our next Legal Cashiers andManagers Conference when I hopewe’ll all meet again. I hope to seeyou all at one of the manyLiverpool Law Society trainingcourses in 2016.

Jo Morris

Back: L-R: Darren Cox, Peter Taaffe, Steve Wallbank &Stephen Wilmott.Front: L-R: Richard Campbell, SharonHarrison, Jo Morris & Darren Whelan

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This was the first time that LLS had held a CPD Conferencedevoted to this topic. It grew out of the Conferences onPersonal Injury and on Costs.

A more specifically-focused Conference was felt necessary after debateamongst members of LLS’s Civil Litigation Committee, chaired byKirsty McKno. Jo Downey – LLS’s Director of Education and training– and a number of us amongst Civil Litigation Committee membersbegan to discuss the topic areas for the Conference.

The general feeling was that the Conference should meet practitioners’need for a practical look at many of the areas of commercial litigation

Commercial Litigation Conference

Some of the conference speakers(L-R): Peter Goodbody, Professor Dominic Regan, HH Graham Wood QC & David Pilling

which feature in the everyday life of a practitioner in this arena.

That is why the topics comprised headlines such as drafting Statementsof Case, drafting Witness Statements, Costs and Case ManagementConferences and Maximising the Benefits of Mediation to name butsome. Building Disputes, Judgment Debt recovery, Insolvency andDefault Sanctions Relief also featured.

The array of lecturers was particularly effective. HHJ Graham Wood QC– the designated Civil Judge in Liverpool – chaired the Conference witha number of helpful comments to support points made by lecturers. Thefact that Barristers and Solicitors, both local and from outsideLiverpool, provided further balance and breadth of experience.

As ever, it was not just at the formal sessions but also during therefreshments breaks that many issues were discussed, as well asattendees having the always welcome opportunity to catch up with oldfriends and colleagues.

Jeremy MyersLLS General Committee Member and Parliamentary Liaison Officer

The links which LLS hasdeveloped with politicalfigures extends across thefull spectrum from local tonational representatives.This is particularlyimportant given the varyingfields in which ourrepresentatives act.

Thursday 21 January sees the nexttwice-yearly meeting betweenGeneral Committee members andCouncillors from LocalAuthorities in LLS’s geographicalarea. The Agenda will give us theopportunity to explain toCouncillors our views on issueswhich they might be contacted byconstituents or discover in newsabout Local Authority legaldepartments’ work.

These include the impact of thenew Small Claims Track PIproposed threshold, the topic ofMcKenzie Friends and otherchanges which access to legaladvice (developing the themeswhich we have set out toCouncillors in the regular Accessto Justice Forum events held byLLS). Doubtless other current“hot topics” will be mentioned.

In turn, the Summit always givesLLS the opportunity to glean anidea of topics being raised withCouncillors by their constituentswhich have a legal element.

Councillors’ Summit –Thursday 21 January

Welfare changes – includingHousing Benefit – are topicswhich could have an impact onthe work of Legal Aidpractitioners and is to feature onthe agenda.

Interaction with localcommunities is a significantelement of the life-blood of manypractices belonging to LLS. Thisregular meeting is a necessarymeans of discovering how laypeople view their need for legaladvice and consequently a way inwhich our Services andavailability can be explained andcirculated more widely.

Do not hesitate to let LLS knowabout any topics which you feelcould be raised.

Jeremy MyersLLS Parliamentary LiaisonOfficer

8 Interview

Alison Lobb, the newly electedPresident of Liverpool Law Societytalks to Julia Baskerville...

Alison Lobb, the ManagingPartner of MorecroftsSolicitors was elected thePresident of Liverpool LawSociety at December’sGeneral Committee meeting.Alison will be the fourthPresident from Morecrofts,three of whom have beenwomen.Liverpool born and bred, Alisontrained at EAD Solicitors beforejoining the Legal Aid Board as acaseworker auditor. Alison joinedthe Litigation Team at Morecroftsin 1999.

Alison spent many years actingfor victims of childhood abuse,particularly in the various groupactions which were going on atthe time. Over time her caseloadchanged to include generalpersonal injury work, claims forvictims of negligence by socialservices, breach of confidenceactions, and some education andjudicial review work.

In 2005 Alison became a Partnerand Head of the Litigation Team,going on to join the firm’smanagement board. In 2014Alison was appointed ManagingPartner on the retirement of HelenBroughton, a past President of theSociety.

Alison joined the GeneralCommittee of Liverpool LawSociety in 2008 and has served asDeputy Public Relations Officerand was the Editor of LiverpoolLaw for three years. She wasappointed Joint HonorarySecretary in 2012 and VicePresident in 2014.

Alison acknowledges that theseare very challenging times for theprofession and it can be a difficulttask representing all the various

views represented within thesociety. Clearly the recentproposals announced in theAutumn Statement by GeorgeOsborne to increase the smallclaims limit for personal injuryclaims to £5000 and to endpayments for soft tissue injuriessuch as whiplash will impact onLiverpool law firms. Alison says“This proposal has significantimplications for our members,there are a lot of PI firms inLiverpool which have alreadysuffered as a result of LASPO,and the Society will be takingssoundings from both claimant anddefendant firms. The CivilLitigation sub-committee will beconsidering the proposals indetail, and will be formulating aresponse - but it is important thatwe represent the views of allmembers.”

The Society will also continue tooffer support to criminal lawyersas the ongoing criminal legal aidfiasco rumbles on. Alison alsopredicts that the impact from thecuts to family legal aid will alsobecome more marked in 2016,with an increase in litigants inperson and the Society will betalking to members on how tobest deal with this crisis in thecourts. She says, “Over the lastfew years the Society has donegreat work in campaigning forand highlighting Access to Justiceissues and we need to keep themomentum going with regard tothis”

Each year’s President has theirown ‘theme’ for the year. Alisonsays that her theme will be toencourage member firms tobecome more involved with thewider business community in thecity. She says “Law firms need tobecome more involved in thecity’s business organisations

which offer numerousopportunities for networking andreferrals. We are a profession, butwe are also businesses that need togenerate income just like anyother. There are differencesbetween the law and other typesof business, with many law firmsstill working within the traditionalpartnership business model andthe additional burden ofregulation, but essentially we arebusinesses and need to recognisethe benefits of becoming moreinvolved. Some firms already dothat very well, but others have yetto take up the opportunities onoffer and by creating strongerlinks with those organisations,hopefully we can help them dothat, and subsequently to grow”Running alongside side this themeAlison also hopes to raise theprofile of Liverpool Law Societyand its member firms within thecity.

2016 will also see theInternational Festival of Businessreturn to Liverpool. Alison is onthe Steering Group which will beorganising the fringe eventsaround the IFB. She says “TheIFB in 2016 will be shorter, butmore concentrated than that in2014 and will run for three weeks.Organisers of the event, LiverpoolVision, are hoping to draw insome big names from the world ofbusiness and some of the fringeevents are planned to take theform of ‘Q & As’ with eminentspeakers, as well as some moreirreverent offerings as well”.

Alison would also like to see morefirms become involved withLiverpool Law Society, whetherthrough joining one of the sub-committees, attending conferencesand courses or one of their manysocial events. Alison says“Liverpool Law Society does a

great job representing membersfrom firms large and small andacross all of the specialisms. TheSub-Committee members worktirelessly behind the scenes,responding to consultations andensuring that members are kept upto date with the latest news anddevelopments in their area of thelaw. Similarly, our courseprogramme is constantly reviewedand updated so that we can offerup-to-date and informativecourses and conferences that arerelevant to members. I would alsolike to extend an invitation tomembers to come along to oursocial and networking events.Over the years I have made manyfriends through the Society andbuilt up an extensive network ofbusiness contacts. There is plentyof value in networking with otherlawyers – even though some maynot realise that” New for 2016.the Society are in talks with withProfessional Liverpool about thepossibility of hosting a LiverpoolProfessionals dinner, which isplanned for the Spring.

Alison also wants to continue anddevelop Emlyn William’s themeof encouraging young people tojoin the legal profession and shewill be hosting the second“Pathways to Law” event whichwill be held on 10th February2016 at Liverpool Town Hall.

Clearly Alison has a very busyyear ahead of her, she concludes “I am delighted but somewhatdaunted to be following inEmlyn’s footsteps. Each Presidentputs their own stamp on the roleand I have seen first hand thatoften that evolves as the yearproceeds. Every year holds newexcitements and fresh challengesand I can’t wait to get started andfind out what the future holds.”

In Conversation with the President

2016 – A POSITIVE PERSPECTIVE FOR INVESTORSPrediction is difficult, especially when dealing with the future. There are many claimed sources for this pearl of wisdom, but it is undoubtedly true. That does not stop people trying to envisage the future, and indeed it is a core requirement for most planning processes. It is perhaps useful when looking forward to understand the fallibility of the process, and therefore allow for contingencies and for the unexpected. With all that in mind, let’s take a look at how 2016 may turn out for investors.

Policy makers’ great dilemma at present – at least in the UK and US – is whether the domestic economy is strong enough for interest rates to start to rise. Their hesitancy is partly a result of the opaque nature of even the short term future outlook, which is understandable but it is becoming unhelpful. Markets do not fare well in uncertain times and the “will they/won’t they” debate has resulted in nervous, volatile markets over the summer. Equally, boardroom decision makers will feel less confident if there is evidence of policy dithering. There is sufficient evidence to support a first, modest tightening of rates and focus and attention can then move forward. It will be quite some time before rates achieve a neutral level. Lower for longer will remain the mantra – but not zero for ever.

So, why would rates be kept low? Well China seems to be regularly offered up as the reason. Chinese growth has been slowing for some time, but this is the price of a healthy rebalance of the economy to lessen dependence on infrastructure and exports. Currency devaluation raised concerns that the loss of momentum was accelerating, but we have written previously that we do not consider this to be an imminent or material threat to developed economies. This remains the case. Equally, especially from a UK perspective, Europe’s modest improvement is a material positive.

Data releases elsewhere have been mixed, and data has been identified as the guiding light for the US Federal Reserve decision makers. Trying to determine longer term trends through short term data releases is fraught with danger, and the Fed should really be getting ahead of the curve and showing leadership.

We believe there is sufficient evidence of stability and progress therefore for policy makers to lead us out of this extraordinary, and extended period of low interest rates. This in turn, whilst perhaps causing some short term nerves, ought to be interpreted by investors as a sign of confidence.

So what about the investment outlook?

On the basis of policy change as outlined, against a background of likely continuing global growth, we believe it sensible to continue to support risk assets – primarily stock markets – at the expense of traditionally safe assets – bonds and cash. The UK stock market carries the burden of a high exposure to natural resource companies (oil and mining) which continue to struggle. Away from these sectors, many companies offer good value, and attractive, secure and growing dividends. The US and Europe also offer attractions, but Asia is best sidelined for now. As ever, a well-constructed, balanced portfolio is the preferred approach as individual investment risk remains a concern.

So, we look into 2016 with a positive perspective, also recognising that risks exist and that we continue to live in uncertain times.

For more information, contact Simon Walker in Liverpool: [email protected] or 0151 243 2160.

Investors should remember that the value of investments, and the income from them, can go down as well as up. Investors may not recover what they invest. Past performance is no guarantee of future results.

Quilter Cheviot is the trading name of Quilter Cheviot Limited, a private limited company registered in England with number 01923571, registered office at One Kingsway, London WC2B 6AN. Quilter Cheviot has established an office in Dublin, Ireland with number 904906, is a member of the London Stock Exchange, is authorised and regulated by the UK Financial Conduct Authority, is regulated by the Central Bank of Ireland for conduct of business rules, under the Financial Services (Jersey) Law 1998 by the Jersey Financial Services Commission for the conduct of investment business in Jersey and by the Guernsey Financial Services Commission under the Protection of Investors (Bailiwick of Guernsey) Law, 1987 to carry on investment business in the Bailiwick of Guernsey. Accordingly, in some respects the regulatory system that applies will be different from that of the United Kingdom.

SEE HOW WE’RE DOING THINGS DIFFERENTLY

CALL SIMON WALKERTEL. 0151 243 2160OR VISIT WWW.QUILTERCHEVIOT.COM

ADVERTORIAL

10 Local News

On a wet cold and windy November night an intrepid bandof Liverpool lawyers braved the worst of the weather toventure out on a mystery journey around the Georgianquarter of Liverpool. The reason? – why, we had beenhooked in with the promise of a “Real Ale Trail”. Anythingfor a spot of beer!

The event had been arranged by Philip Silver, President of theLiverpool Society of Chartered Accountants, and it was a well mixedgroup that met on the steps of St Lukes, (the bombed out Church ).With 5 lawyers and 6 accountants, together with our two guides, Steveand Alan, the group was just the right size to benefit from the tour, andto mingle together, and indeed any more would probably not have fittedin to the bars of some of the pubs we visited!

Our journey took us first to the Roscoe Head, one of only 5 pubs in thecountry to have featured in every edition of the Good Beer guide sinceits first publication on 1974, but now sadly in danger of closure, (If youare interested there is a petition you can sign to try to keep it open).After our first drink, and a history lesson about William Roscoe;lawyer, MP and abolitionist; we moved on to the Philharmonic wherewe varied our diets for the evening with a plate of fish & chips each,then onward to the Belvedere and finishing at the recently opened OldBlind School. With history lessons between, and often in each pub, thetheme of the evening also of course required a sample of ale each time,which allowed us to try out some brews we had not heard of before. Ieven resisted the Liverpool Gin for once, deciding it would not mixwell with the IPA!

A good evening was had by all and we all made some new friends andcontacts across the professions. Many thanks to the accountants fororganising this enjoyable evening; not only was it an introduction tosome new beers but a fascinating and informative lesson in the historyof Liverpool. No matter how much you think you know, there isalways more to learn! There are other routes available on the tour andit would certainly be worth doing it again.

Alison LobbMorecrofts LLPPresident

Liverpool Law Society andAccountants take a ‘Real Ale Trail’

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11PI

It was reported in the InsurancePost that insurers met withgovernment officials on 9thDecember 2015 at No 10, and therumours are that the reforms are“a done deal”. Certainly theGazette has reported that theconsultation will be on how toimplement the proposals, ratherthan whether to do so. If there isany degree of truth to thoserumours, then we are looking atfar reaching reforms withoutproper consideration of theconsequences for the tax payer, orfor those innocent individuals whosuffer pain and discomfort and aredenied redress.

The most recent consultation onthe small claims limit, only twoyears ago, concluded the argumentfor change had not been made atthat point. It is hard to see whathas changed that could nowjustify a different view. Since thattime there has been further changeto the industry aimed at reducingcosts and eliminating abuse of thesystem, such as the extension ofthe RTA Portal and theintroduction of MedCo.

The removal of liability on atortfeasor to compensate hisvictim goes beyond the previousproposals, and will clearly requirestatute. For the first time inEnglish legal history there will bea non-actionable injury.

The Chancellor expects hisreforms to save motorists anaverage of £40 to £50 per policy,which will feed back into theeconomy and support the

Injury Reform – A False Economy

recovery. If the Chancellor’sfocus is the economic benefits,there are a number of key pointsthat he must consider:

1. Insurers are unlikely to pass onany saving in claims costs. Therehas been little evidence of anyreduction in premiums followingLASPO and the reduction in costspaid by insurers.

2. Damages are spent andrecycled in the economy. If theability to bring injury claims isreduced or removed, thateconomic benefit will be lost.

3. If fewer claims are brought,then CRU recoupment of benefitsand NHS charges will be reduced.

4. The demands on the NHS willbe increased. The reality is thatmany claimants receiverehabilitation paid for by the at-fault insurer under the currentsystem, but if they are not broughtwithin the claims process then thecost of that treatment will fall tothe already stretched NHS.

5. If injury claims can be brought,but only in the small claims court,the Court Service will collapseunder the weight of litigants inperson.

6. The funds available to theCourt Service to meet that burdenwill be reduced due to asignificant drop in court feeincome.

7. We are likely to see a parade ofclaims management companies

offering to help injured partiesbring the claim themselves –undoing much of the recent goodwork in relation to fraudulentclaims, and the exploitation ofclaimants. The government hasfailed to address malpractice inthis area. We are all subject tonuisance texts and cold calls, andthese changes will make thesituation worse.8. Banning injury claimscompletely would inevitably meanjob losses - not just for claimantand defendant lawyers, but also insupport services, with theassociated economicconsequences.

9. Tax revenue will be reduced -income tax receipts for theTreasury will drop, not to mentionVAT on legal and support servicesand IPT on motor policies.

It is hard to see the economicargument for the proposedchanges.

Have the reforms really beenthought through? What is a“minor” injury, and how and whenis that established? Injury lawyerswill tell you that many chronicand debilitating problems, thatattract significant awards, begin asapparently minor injuries thatpersist and restrict workingcapacity. There is a real risk thatan effort to ban minor injuries willhave wide-ranging unexpectedconsequences.

If the Chancellor gets his way,then not only will the

consequences for the economy bedire, but tens of thousands ofinjured people will receive nocompensation, and the insurer ofthe responsible person will avoidpayment. In addition seriousinjury claims will inevitably bemissed.

The author has a case concerninga family of four involved in aserious head on collision. Thedriver and youngest two childrensuffered orthopaedic and braininjuries. The oldest child, age 9,has minor whiplash injuries. Arewe really saying that this childwho has suffered a low value softtissue injury should not receivedamages? Is he not a genuineclaimant with a genuine injury?

The proposed reforms will denyjustice and damage the economy,and the government needs tothink again.

Ann AlisterCarpenters Solicitors

George Osborne surprised insurers and lawyers alike with his recent announcementof reform to the personal injury market. The government intends to remove the rightto recover general damages for minor soft tissue injuries, and to increase the smallclaims injury limit to £5,000. Ann Alister of Carpenters Solicitors outlines theconsequences of the proposals...

12 News

growing existing businesses,within the City. That issomething which many ofus, and indeed many otherprofessions, can contributeto. I was surprised to seevery little representationin the room from thebusiness communityand commented onthat. I may well beapproaching ourmembers, and talkingto our otherprofessional groupcontacts, in duecourse, as to wayin which we canall further investin the success ofour city. So watch thisspace…. And if you would like toread the report it can be accessedthrough the website:www.gettingby.org.uk or hardcopies are available fromLiverpool City Council.

Alison LobbPresident

In my first formal outing asPresident, I was invited toattend the Liverpool CityCouncil Fairness Summit on 9thDecember.. This was the finalmeeting of a project which hadbeen going on for two years,and my predecessor, Emlyn,had attended on previousoccasions.

I was already aware of the report,“Getting By”, which had beenprepared by the FairnessCommission, which had been setup by the Mayor, Joe Anderson.This report followed 30 workingfamilies in Liverpool over thecourse of a year, looking at howthey managed their income andhouseholds. It’s a surprisinglyinteresting read, especially if youare interested in social history, butthe shocking statistic that itemphasises is that there is morein-work poverty than out of workpoverty in Liverpool, and thatremains a problem. The Summitbrought people together to debatethose issues, to report on theirefforts to improve the position,

and to discuss what more could bedone.

Space constraints prevent me fromgoing into all of the issuesdiscussed here, but I will bereporting in more detail to theAccess to Justice Committee onthe discussions that were had, andwhat I think Liverpool LawSociety and our members cancontribute to this project, whichwill continue, albeit in a differentform, and will be steered forwardby Councillor Jane Corbett andthe Bishop of Liverpool, TheRight Reverend Paul Bayes.

Liverpool Law Society wasinvited to attend this forum as aresult of our work on Access toJustice issues. However, fromwhat I have seen and theconversations that were had inround table groups, there is scopefor involvement with this groupon many other fronts. Forexample, one of the discussionswhich took place was on thetheme of reducing unemployment,creating more businesses, and

Fairness Summit

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Liverpool Law Society2015 in numbers

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PPaayy--ppeerr--PPrroobbaattee vveerrssuuss CCaappiittaall SSppeenndd CCoommppaarriissoonn Pay-per-Probate, sometimes referred to as Pay-as-you-Go, might at first glance seem to make good financial sense. For the smaller practice with very few estate administration matters that is certainly the case. In this example, we use figures from Isokon Software which provides a complete probate accounting system with an integrated case management component. The Pay-per-Probate model by contrast is a case management system, without the benefit of a backend accounting database to contain the plethora of financial details involved in handling a probate matter. Let’s consider the costs over 5 years for a case management system, without the benefit of a full accounting system, charging £60 per probate matter for a firm receiving an average of 10 matters per month, which equals 120 matters x £60. Your annual costs in this example would be £7,200. Over a five year period your total spend would be £36,000. By contrast your capital spend on a system with three fee earners (who with effective software could easily handle 120 cases annually) would be £7,850 plus five years support at £1,570 per annum over five years. This would equal a total capital spend of £15,700 - a difference of more than £20,000 This represents a massive saving compared with the pay-per-probate model. The PPP model only begins to compete financially if your intake of estate matters is approximately four per month. On this basis of four probates a month, you would clearly not require as many fee earners. Consequently your capital spend on a capital purchase including support would be reduced to £12,800 over the five year period. For your PPP model to compare with this figure, you would need to be receiving fewer than 3.5 new cases per month (3.5 PPP cases x £60 = £210 per month x 12 months = £2,520 per annum x 5 years = £12,600).

Any more than 3.5 cases will leave you out of pocket using the PPP model. Let’s not forget that after 5 years your costs on the PPP model will continue at a significantly higher rate than the capital spend model. Comparing the ongoing support costs, your ongoing annual cost for support on the capital spend model (after the capital spend has been completed) for three users will be £1,570 annually for an unlimited number of cases.

By contrast receiving any more than 2 cases per month using the PPP model (2 PPP cases x £60 = £120 per month x 12 months = £1,440) will be akin to throwing your money away. The capital purchase model will provide you with a complete accounting system combined with integrated case management, whereas the PPP model will only provide you with case management. Conclusion: the capital spend model provides more software for less money.

IIIsssoookkkooonnn For further information please contact: Gregory van Dyk Watson, Managing Director of Isokon Limited. Email: [email protected] or call 020 7482 6555. Alternatively visit www.isokon.com Isokon was founded by Gregory van Dyk Watson in 1999. The company has invested 44,000 man hours in development of the product over the last 16 years. Isokon is currently the leading supplier of software for Probate and Private Client work. It is used by 40% of law firms who do private client work. Isokon is used by more than 2,000 individual users for the most complex estates, as well as basic estates. Isokon is based on an accounting database engine with an integrated Isokon case management component.

14 Movers and Shakers

Downtown In Business Liverpool held their prestigious LivercoolAwards Dinner at the Crown Plaza Hotel on Thursday 19thNovember 2015.

Downtown in Business is one of the North West’s major businessorganisations advocating on behalf of local businesses and creatingnetworking opportunities. The awards cover all areas of commerce.Winners included Andrew Cornish CEO of Liverpool John LennonAirport and Bob Prattey from Liverpool Exhibition Centre.

The single legal award was for Best Legal Entrepreneur and the winnerwas Steve Cornforth – Senior Partner at EAD Solicitors and a PastPresident of Liverpool Law Society.

Steve said – ‘EAD is pleased to be associated with Downtown inBusiness Liverpool. They provide an important bridge between thelegal profession and the local business community. I was particularlyproud to win this award alongside so many influential Liverpoolbusiness leaders.’

I would encourage Liverpool Law Society Members to consider joiningup!’

Steve Cornforth named Best LegalEntrepreneur at Livercool Awards

L-R: CEO Simon Leyland, Company Director Denise Scoular,Director of Business Services Carol Head Legal Executive,Lisa Neary and Legal Secretaries Natalie Allcock and NormaCummins.

Maxwell Hodge Solicitorsexpands Woolton TeamOne of Liverpool’s longest established independent solicitorsis growing its new Woolton office with four keyappointments.

Maxwell Hodge has brought in three new faces – Chartered LegalExecutive Lisa Neary and Legal Secretaries Norma Cummins andNatalie Allcock – and moved experienced Solicitor and Office ManagerJennifer Howell from Heswall to the Allerton Road site.

Company Director, Denise Scoular, also joins the team at the Wooltonoffice, adding 27 years of experience in wills, probate and lastingpowers of attorney to the branch’s offering.

Conveyancing and property law specialist Lisa is a Fellow of theChartered Institute of Legal Executives and brings with her 11 years ofexperience in property law.

“Joining a firm with such a rich history that is still expanding is reallyexciting,” she said. “Maxwell Hodge has created a fresh team filledwith great experience in a brand new office, which is perfectlypositioned to support the local community in Woolton and the widerSouth Liverpool area.

Our new team is focused on providing friendly and accessible advice toits new clients from the purchase of a first home, right through tocreating a lasting legacy for families with its experienced wills andprobate team. I am sure that when clients come in they will haveconfidence they are getting the best quality legal advice.”

Legal Secretary Norma Cummins brings 19 years of specialistexperience in conveyancing and is keen to utilise her skills honedworking in the city centre to develop the business in South Liverpool.Fellow Legal Secretary Natalie Allcock also brings property experienceand will strengthen the Lifetime Planning Department.

Office Manager Jennifer said that the team assembled in WooltonVillage underlined Maxwell Hodge’s commitment to delivering qualitylegal representation in a relaxed environment.

“Maxwell Hodge has 150 years of heritage,” she said. “The firm is stillgrowing because of our commitment to delivering high quality legaladvice in a friendly, accessible way.

“I welcomed the opportunity to manage the new office with theexperienced team we have brought together here. The Great Legal Bake is taking place

across a week (Monday 1st to Friday5th) in February 2016. The main day,when most bakes will happen, will beWednesday 3rd February. Last year we

had over 100 groups baking andselling all over England and Wales who

raised over £15,000!

For more information visitwww.londonlegalsupporttrust.org.uk/our-events/great-legal-bake-2016/

15Movers and Shakers

Michael Sandys Joins GuyWilliams Layton SolicitorsMichael Sandys has very recently joined GWL at their LiverpoolOffice bringing with him commercial law experience having workedin-house in the 1990’s in Liverpool at GPT/ Marconi and MeredithJones (cotton traders once of Yorkshire House). He then spentsome 9 years at two large Manchester law firms before comingacross to Liverpool in 2006. He has more recently established aCommercial Department at a local Liverpool firm but now joins asa Partner to help GWL expand their Company and Commercialoffering to business clients.

Michael commented: “I am really excited about the opportunities atGWL going forward and am pleased to be working with a dedicated andvery experienced team of commercial lawyers.”

One of his specialisms is Intellectual Property (both contentious andtransactional). He also has acted for “tech” and “spin out” companiesin equity finance deals and in helping them with their contracts andcommercialisation of IP.

He has many years’ experience in dealing with all types of commercialcontracts and transactions. He acts for seller and buyer in a wide rangeof company acquisitions, most recently including a commercial fencecompany and the sale of a software development company to acompetitor.

Clients he has acted for previously range from blue chips to smallerbusinesses and local SME’s. He is also currently Vice-Chair ofLiverpool and Knowsley FSB (Federation of Small Businesses) and aDirector at DaDa charity (disability and deaf arts). Michael has threechildren and a wife he also works with.

Free Briefing Event 26 January 2016:Training for Tomorrow & Trailblazingwithin the Legal Sector

Fletcher’s Solicitors in partnership with Southport Collegeare hosting an information event to update the sector on newApprenticeship Trailblazers and the associated trainingopportunities available.

Apprenticeship Trailblazers are a new way of delivering training andhave been developed for the legal industry by a group of legal sectoremployers recognised by the Government. The Trailblazers containnewapprenticeship standards which describe the knowledge, skills andbehaviours that an individual needs in order to carry out their roleeffectively within the legal field. This employer-led approach hasalready proved to be successful in other parts of the country and is nowavailable in the North West.

Members of the Law Society and other Legal professionals within thesector are most welcome to attend this free event to learn more abouthow Apprenticeships can benefit their businesses. The event takesplace at Southport College’s Clouds Restaurant on Tuesday 26thJanuary 2016 from 5 pm until 6.30 pm. There event includes shortbriefings from Fletcher’s solicitors, the University of Law, NationalApprenticeship Service and Southport College as well as an overviewof how the scheme has worked from current apprentices.Refreshments will be available on arrival.

To confirm your attendance please RSVP [email protected]

16 Charity News

What is the Liverpool Merchants Guild and why was it formed?

Liverpool Merchants Guild is a Registered Charity which was instituted in 1880 and incorporated by RoyalCharter in 1914. It was initially formed to manage a legacy bequeathed in the Will of Catherine Wright whodied in 1868 and left a sum of £10000 for the purpose of founding an Institution or Fund to be called“Wright’s Institution”, the object of which was to grant pensions to aged or distressed members of the upperand middle classes of society. This fund was managed by Liverpool people, mainly members of the Clergy,local Merchants and Ship Owners. Over the years various legacies were bequeathed to the Guild to be usedalong the lines of the original Trust so with the help of the Charity Commission Schemes were set up in 1972and then in 2006 which enabled all the separate funds to be administered as one large fund. In 2006 a revisedRoyal Charter was granted which amended and updated the original Charter to reflect the change in thestructure of society and administrative procedures that had taken place since the original Royal Charter wasgranted.

Who does the organisation help?

The Guild helps individuals aged 50 years and over, of limited means who live in Merseyside or have lived inMerseyside in the past for a continuous period of 15 years and who has been a professional or self employedperson, a person who worked in a supervisory capacity, a clerical or non-manual worker, or be the dependantof such a person.

What kind of help is available to recipients?

The Guild offers help to its beneficiaries either by means of a regular payment or a one-off grant. Suchsupport supplements their income and normally takes the form of payments of up to £6000 per annum. TheGuild are particularly keen to support independent living and are also able to make grants towards items ofexceptional expenditure or adaptations to an individual's home. However, any grant made together with anyregular payment cannot exceed the maximum of £6000 per annum.

What is the process for applying for help from the Liverpool Merchants Guild?

Applicants are required to complete an application form and supply various supporting documents. Followingreceipt of the completed application form, this is reviewed by the Secretaries who may require furtherclarification or information from the applicant. Once all the necessary information is to hand the applicationwill be considered by the Trustees at the next meeting of the Selection Committee. These meetings are heldon a quarterly basis.

How can individuals apply to the Liverpool Merchants Guild for assistance?

An application form is available for download from the Guild’s website, www.liverpoolmerchantsguild.org.ukor from the Secretaries, Moore Stephens (North West) LLP, 110-114 Duke Street, Liverpool L1 5AG. If anapplicant is applying for a grant for a particular item then a supplementary grant application form is alsorequired. Again this is available via the website or the Secretaries. It is often useful if a potential applicantcontacts the Administrator, Alison Rawlinson, for an informal chat prior to completion of the application formto establish eligibility.

Any futher information?

Liverpool Merchants’ Guild is managed by a Board of Management consisting of 12 Trustees, who comefrom various walks of life, including solicitors, financiers, occupational therapists and social workers, all ofwhom are volunteers and who all give their time and effort free.

Liverpool Merchants GuildLiverpool Merchant’s Guild offer regular payments or one-off grants toqualifying beneficiaries in Liverpool. If any member of the Liverpool Law Societyknows of anyone who may qualify for assistance they should contact the Guild.

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18 Council Report

Council Member’s Report

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-

I attended a Council Meetingon the 9 December 2015. It wasquite a packed Agenda, andyou will find attached theprepared Summary of some ofthe issues was discussed.

It was a pleasure to see SarahLapsley at the Council Meeting ,my newly elected Co CouncilMember for Merseyside andDistrict. I wish Sarah all the bestin the role and I hope that youthoroughly enjoy it.

It will come as no surprise toknow that Veyo, also known asLPT, took up quite a lot of time.The decision to put no furtherfunding into the project is asensible one in my view. There isto be a lessons learned exercise,and until that is concluded, itseems inappropriate to makedetailed comment further. I am ofcourse prepared to discuss withany constituent any aspect of itshould they wish to do so. Formy part , and I am not aconveyancer, it seems a shame asthe concept in principle of a

conveyancing centralised hub , totake cost out of the process, andthereby save money for thecustomer, seemed a good one. Ofcourse it required buy in from allconveyancing participants, andperhaps that was the problem.This can be differentiated fromthe way in which Personal injuryclaims under £25K are processed,through a central hub. The latterwas a government imposedsystem which all partakers had tosign up for. There was no requiredobligation to sign up for Veyo.

Also discussed was the recentlymooted process for entry into theprofession, suggesting thatpotential entrants would not needto do a law degree but rather anentrance exam. There has beenmuch comment about this in thelegal press, and considerableconcern expressed. The Societywill be responding to theconsultation. The key, as ever, isto maintain the quality of entrants,and this must be preserved.Much the same applies to thegovernment’s indication that they

wish to open up the profession tomake it easier for businesses suchas supermarkets and estate agents,among others, to offer legalservices like conveyancing,probate, and litigation. I havesome confusion as to why thereshould be any requirement tomake it easier. Some institutionswho have already formed ABSs toenable them to do so have alreadyfound it is not as easy as itappears when sitting in themarbled corridors of government,and on occasions theirshareholders are far from chuffed.

Also, do the public really wanttheir legal services to be providedby organisations that in the pastmight have sold horse meatsuggesting it is in fact anotheranimal, or , completely maskedtheir finances to make them lookgood, when in fact they were not ?I hope not, and I hope the Societystands firm on this , ensuring thatif there is to be an opening up toencourage competition ,regulatory standards andsafeguards are maintained at avery high level , that the newproviders are fully insured, andthat quality , not quantity, is thekey.

The shambles that is thegovernment’s new criminal lawcontract arrangements followingthe tender process was discussed.The proposed start date of 11January appears to be on the backburner. The Society has called foran independent review of thetender process, and that litigationis resolved as soon as possible , sothat criminal colleagues affectedcan at least have some idea as totheir future.

Shambles , albeit not a legal word,is the right word for it, and thereis a great danger of theGovernment making a mess ofthings again, in relation tocomments in the Chancellorsautumn statement touching on theSCT and damages ( or if theChancellor has his way lack ofthem ) for soft tissue injuries.Council discussed this, and thereis grave concern from all.It is yet another example of shorttermism by a government: comingup with ideas which on the face ofit saves( someone ) money , butwhen examined in detail , not onlyfails to saves money, but alsoresults in much greater cost due to

associated issues arising.Governments simply do notunderstand the concepts of impactassessment and preparation,concepts that as lawyers we mustunderstand to run businesses, andwhich over the years in Englandand Wales, has made ourprofession and legal system great,and the envy of otherjurisdictions. As Peter Paul andMary once sang :’ When WillThey Ever Learn? ‘

So lots for the Society to do, andplenty of opportunity to adopt andput to use the Strategy launchedat the beginning of Novemberwhich I hope you have all readcover to cover.

Please do contact me and discussif you like. I would welcome yourviews.

In the meantime, I wish you all avery happy and prosperous 2016,and also hope that you havemanaged to enjoy time with yourfamilies and nearest and dearestover the holiday season, and hada restful and recharging ofbatteries time.

Charlie Jones, Partner,Weightmans LLP Co Council Member forMerseyside and District.

Charlie Jones

9 December 2015Council's last meeting of the 2015 calendar year saw a busyprogramme of reports and papers. Council was glad to hear of thepublic launch of the Law Society's strategy which had been signedoff in October and was launched in November through a widevariety of email, web-based and social media channels as well ashard copy. The strategic aims, which remain a key benchmark forCouncil decisions, are:

• We will represent solicitors by speaking out for justice and on legalissues.• We will promote the value of using a solicitor at home and abroad.• We will support solicitors to develop their expertise and theirbusinesses, irrespective of whether they work for themselves, in-houseor for a law firm.

The review of the governance of the Law Society is now getting underway with several streams of preparatory work including identifyingCouncil members to form a review working group. The Council agreedthat the review would help ensure that the Law Society was able todeliver its strategy, representing, promoting and supporting theprofession effectively, and to respond in a flexible and agile way tochanges in the external environment.

Criminal legal aid and court issuesCouncil discussed the concerns over the tender process run by the LegalAid Agency (LAA). Legal proceedings have been issued in 69 of the 85procurement areas, and an alliance of firms began judicial reviewproceedings on 12 November. The LAA has now accepted, at oururging, that the target date of 11 January 2016 for starting the newservices is unrealistic. We are continuing pressure on the LAA'scontingency plans to finalise these. We are also calling for anindependent review of the tender process with a view to resolving thelitigation as quickly as possible to end the current uncertainty. Councilheard that the Society was calling for an independent review of thetender process and writing to Ministers to voice concerns, as well asraising them in meetings with the Justice Select Committee. This is inaddition to a programme of support materials targeted directly at ourmembers.

Council was pleased to hear of the withdrawal of the proposals on thecriminal courts charge, an issue the Law Society had lobbied hard toreverse and also noted the Society's strong response to the government'sconsultation on criminal advocacy, and our campaign, with others,against court closures.

Other activity to support the strategyCouncil heard about a range of other activity supporting the strategy.This included a discussion on legal professional privilege in the digitalage as part of our activity for the Opening of the Legal Year, and workto support our members in promoting access to justice by vulnerableclients. Council also heard about ways in which the Law Society israising its game on targeted electronic communication with our

19The Law Society

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members, and developing a new stakeholder relations strategy, toensure that we are well placed to support and represent our members.Internationally, the President and colleagues attended the InternationalBar Association (IBA) conference, with the Society this year securing arecord number of ten speaking slots at the main conference, andpromoting the profession by holding stakeholder relationship meetingswith global firms that are prominent in the IBA. Council also noted thatsince the last meeting the Law Society has made 26 responses toconsultations or calls for evidence, showing significant thoughtleadership in our representative and influencing role. This is in additionto wide coverage of our report on the potential impact of a British exitfrom the EU.

Equality, diversity and inclusionCouncil noted a substantial programme of work, including a series ofevents in October and November for Black, Asian and Minority Ethnicmembers. The Black History Month inspiration evening was attendedby over 200 people, with other events to support career development forBAME lawyers, as well as a celebration of the Hindu festival Diwaliattended by 100 people. Equal Pay Day on 9 November was marked bythe Equal Pay practice note and toolkit. Council looks forward, at itsnext meeting, to considering the new 2016-2019 Equality and DiversityFramework which sets out plans for promoting equality, diversity andinclusion in the profession and in the Society's workforce.

Legal Practice Technologies (LPT)Council noted that it had been announced that the Society would not bemaking any further investment in Legal Practice Technologies, the jointventure company with our partners Mastek who were to deliver Veyo.As indicated, this was essentially because other software providersoperating in the conveyancing market had been responding to ourmembers’ needs and the cost and time taken to get a viable product tomarket would be too much. Faced with the reality that the market haddeveloped significantly since we started to develop Veyo, the costs ofcontinuing outweighed the benefit to our members. Council had theopportunity to discuss the decision in detail, and to consider how weshould now develop our support for firms which undertakeconveyancing

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However, the time commitment can vary and some complex casestake additional time to supervise. Ideally volunteers would beprepared to supervise one case twice a year. Volunteers need to befully qualified.2. Case referrals – can you take on a pro bono case once or twice ayear? Some of our clients using our general advice service verymuch need a legal representative and we cannot offer this ourselves;because of legal aid cuts there is nowhere to refer them forrepresentation.3. Typing – our legal staff members are self-servicing and secretarialsupport would expand our capacity considerably. Can your firm offerto type about 20 letters maximum a week mostly for our immigrationand asylum cases?4. Billing – our solicitors conduct around five judicial review cases peryear, sometimes funded by legal aid, and these matters sometimes havea pro bono costs order or a legal aid order and require bills to be drawnup.5. Funding – can you include us as a recipient of charitable fundsraised by your firm or money that cannot be returned from your clientaccount? Our immigration and asylum work involves disbursements forinterpreters, medical reports documenting torture and psychiatricconditions and expert reports on country conditions. Our clients cannotobtain legal aid and many are totally destitute. A single case caninvolve many hours of client appointments, and we estimate that thecost for interpretation if the client does not speak English is, onaverage, £400. We have some funding for this from the North WestLegal Support Trust and from the Access to Justice Foundation, but arealways grateful for more support for this work.”

Contact: Sarah Woodhouse, Liverpool Law Clinic DirectorT: 0151 794 5782 E: [email protected]

Liverpool John Moores University’s Legal Advice Centre (“LAC”)was established in April 2014 and is based in the School of Law,Brownlow Hill. The LAC’s clinics advise on family, employment, wills& administration and commercial law advice. It also runs drop in clinicsin family and commercial law.

The LAC is hoping to pilot a housing drop-in clinic during thisacademic year and have told us they would welcome volunteers able toadvise in this area. Volunteers should be prepared to offer a totalcommitment of ten hours per academic year, to include assistance withtraining our students and supervising and advising the clinic itself,which will be based in the University and will run twice a month duringan initial four month period.

The LAC is also experiencing a huge demand for family law advice andhave told us they are seeking anyone able to commit to advising at oneor more of the two hour drop-in sessions.

Contact: Rachel Stalker, Legal Advice Centre Coordinator T: 0151 231 3530E: [email protected]

What can you do...?Merseyside Welfare Rights

What do you do with your old computers when you replace them withnewer models? Merseyside Welfare Rights would be grateful for anyspare computers. The ones MWR use are very old and keep breakingdown.

Please contact: Ms Peggy Kelly, 1st Floor, 35-37 Bold Street,Liverpool L1 4DN.T: 0151 709 0504 EX 21E: [email protected]

LawWorks is a charity working to support and facilitate the provisionof legal pro bono. Pro bono is not, and should not become, analternative to legal aid, but it makes an important contribution toenabling access to advice and representation.

LawWorks says “We support a network of independent local clinicsacross England and Wales, and provide assistance for lawyers, trainees,law students and others seeking to establish new pro bono clinics. Weprovide information and resources for clinics and volunteers, includingonline materials from our training events, and promote pro bonovolunteering opportunities for our member firms and in-house legalteams.

Through our Not-for-Profit programme, we connect smaller charitiesand community groups with lawyers, from among our members, willingto provide advice and support on a range of legal issues. These couldinclude, for example, drafting a contract, reviewing a lease, updating aconstitution/articles, or clarifying rights in a commercial dispute. Weask about an organisation’s ability to pay for legal advice, and ensurevolunteer lawyers have the information they need before applicationsare accepted.

Contact: Further information, and details of how charities andcommunities groups can apply, is available on the LawWorkswebsite at www.lawworks.org.uk or contact Olga [email protected]

Liverpool Law Clinic, University of Liverpool, is a well-establishedClinic offering a general legal advice service (especially employment,family, housing, small claims, and occasionally commercial law) and aspecialist asylum and statelessness project. The Law Clinic says “We also have on-going work on criminal appeals and HillsboroughInquests with Broudie Jackson Canter solicitors, and work with theCAB focussing on welfare benefits cases. The Clinic has identified thefollowing as particular needs at present:

1. Volunteers to supervise in our free legal advice service. The timecommitment involved is a minimum 5 hours to supervise a single case,including a two hour period in the Clinic to supervise a client interview.

22 Charity & CSR

MATT [email protected]

Charity and CSR MattersHello and welcome oncemore to our Charity andCSR Pages!

I was pleased to beinformed this month thatthese pages have alreadyhad an impact withvolunteers having already

put themselves forward inresponse to the opportunitieswe have published. Don’tforget, if you have taken partin a sponsored challenge,hosted a charitable event ordone some pro-bono work thatyou want to shout about thensend me an article. Equally, if

you want to get other lawyersinvolved in offering pro-bonoadvice, know of an openingfor a charity Trustee or wantus to feature a particularcharity, then let me know too.You can e-mail me [email protected]

23Charity & CSR

On Sunday 10th of October 2015 a devastating fire destroyedcommunity food hub Toxteth Food Central (TFC) just 7 weeksbefore it was due to open. This exciting development has beenstalled but will not be stopped!

Becky Vipond, Co-director at Squash Nutrition, the organisation behindthe project has provided the following information:

We have been overwhelmed by the public response since the fire.Nearly £12,000 towards a target of £25,000 to help support the rebuildhas already been raised through a crowd-funding appeal. Local schoolchildren from neighbouring schools have been getting stuck into thefundraising too. Windsor CP School donated the proceeds of their endof term disco to the appeal, and the choir from Holy Name CP Schoolsang at our Winter Market to help raise funds.

In the New Year our fantastic builders will be back on site and gearingup for the 20 weekbuild. TFC will risefrom the ashes and isdue to open in June2016.

Background to ToxethFood Central TFC is the result of 2years of work by acommitted group ofSquash Nutrition staff,

volunteers and localresidents. Together wehave been developingideas for a vitalcommunity food hub forWindsor Street. TFC wasone of only 6 projects inthe UK which gainedfunding from the SocialInvestment Business Fundto fully cover the costs ofthe build.

TFC will be a new, pioneering, community-led food hub that will houseand share dynamic, progressive and integrated health, arts andenvironmental practice.

TFC will house a community café and affordable food store with anintegrated accessible and friendly food education programme. Therewill be a dedicated training space and kitchen from which we will runour creative health, nutrition and cooking courses. The garden will alsobe a training space for urban food growing. Our ambition is that TFCbecomes a national model of good practice in terms of local solutions tohealth inequality.

The design team have all been on an incredible journey, learning somuch on the way. Marianne Heaslip from URBED architects has led thedesign team through a process where we have been able to consider andplan every aspect and detail of the building.

The building has excellent eco-credentials. With its timber frame, Welshsteel roof, recycled paper insulation and Scottish larch timber cladding,it will be a thing of eco-beauty!

Alongside the cash donations we have received support fromprofessionals, organisations and businesses who have volunteered timeand services to help the project.

About Squash Nutrition

Squash Nutrition is a health education organisation that has beenmaking successful projects with disadvantaged communities across

Roberto backs Blue Box Appealwith WeightmansEverton Manager, Roberto Martinez, was at December’s Everton’sLadies Lunch to urge supporters to get involved in the BlueCrimboBlue Box Appeal.

Supporters of the appeal filled shoeboxes with essential items to helpsome of the most underprivileged members of our community have ahappier Christmas. Through the Club’s official charity, Everton in theCommunity, the Blues delivered the donated boxes to underprivilegedchildren and children in care, low income families, homeless people andthe elderly.

Weightmans Liverpool Regional Office also got behind the Appeal withstaff donating boxes and the company offering its premises on Old HallStreet as a drop off point. Nick Peel, Weightmans Partner and LiverpoolRegional Office Head, said: “We are extremely proud to be supportingEverton’s inaugural Blue Box Appeal. At Weightmans, supportingCorporate Social Responsibility initiatives to help those less fortunatethan many of us ties in with our culture of shared moral responsibilityand using our talents and resources to support our local communitiesand their needs. The work being done by Everton in the Community isvital to our shared goals.”

Toxteth Food Central Fundraising AppealMerseyside and specifically Toxteth, since 2007.

In that time we have provided essential cooking and food growingtraining for over 10,000 people experiencing poverty and we know thatthere are many more people who could benefit.

We work with and for the wider community across Merseyside, usingfood as tool for and as a means of social inclusion, employability,wellbeing and change. Food plays a key role in dealing with some oftoday’s most pressing social, economic and environmental problems.From obesity and diet-related ill-health to food poverty and waste,climate change and biodiversity loss to declining prosperity and socialisolation, we believe that food is not only at the heart of some of ourgreatest problems, but also a vital part of the solution.

Get InvolvedIf you would like more information, please visit our website or contactus for more details.

Website www.squashnutrition.orgTwitter @squashnutritionwww.facebook.com/squashnutritionSquash Nutrition 0151 7077897 or 07791155998

24 Review

At the beginning of December I made, what has now become,my annual pilgrimage to the Great British Folk Festival atButlins Skegness. Now in its sixth year, the festival has gonefrom strength to strength, attracting more guests and someof the biggest names in folk music.

Friday night commenced with Merlin’s Keep, a five piece band fromGrimsby. All of their songs were self penned and mainly aboutGrimsby. They were excellent musicians, but didn’t really do it for me.Then came the highlight of my weekend Billy Bragg. He played someof his best known tracks interspersed with commentary on thegovernment, the bombing of Syria and general observations on the stateof the nation. Billy isn’t considered a folk musician in the traditionalsense, but many of his songs are little tales or stories. I overheard somepeople complaining about his songs and comments and wondered whythey had gone to see Billy, who is well known for his socialist viewswhen there were other bands to see. Folk music in particular, along withjazz and the blues, has a rich history of telling the tales of ordinarypeople, of troubles, woe and strife. In fact, some of the greatest folkmusicians, such as Bob Dylan, Pete Seeger, Woodie Guthrie and EwanMcColl have penned some legendary songs many of which were protestor politically-themed songs. “Hurricane” by Bob Dylan is about thewrongful imprisonment of boxer ‘Hurricane’ Carter, similarly “Eve ofDestruction”, written by Barry Maguire, but covered by Dylan is aboutthe Vietnam war, “Strange Fruit’ immortalised by Billie Holiday isabout the lynching of black people in the Deep South, and “Moving on”by Ewan McColl highlighted the plight of travellers. Even BruceSpringsteen’s “Born in the USA” is a tribute to soldiers returning fromthe Vietnam war, and the list goes on....If people want to listen to musicthat has no meaning or depth then perhaps they should listen to OneDirection or watch the X-Factor. (I’ll get off my soap box now!)

The CC Smugglers followed Billy Bragg. They are a 6 piece band fromBedfordshire who play high tempo roots music. Their music is soinfectious that the dance floor was packed. The band are touring inSpring 2016, if you have the chance to go an see them, go - you won’tbe disappointed and don’t forget to wear your dancing shoes!

Saturday evening also started with a political theme, with TomRobinson taking to the stage. During the late 1970s Tom was acampaigner for gay rights and “Sing if you’re glad to be gay” hasbecome an anthem for the gay community. Tom has recently released anew album “Only the Now” which includes a track “The Mighty Swordof Justice” perhaps the first protest song about legal aid, and one whichhighlights the cuts in funding and includes the lines:

The mighty sword of justice stands high above us all;All citizens stand equal before her mighty laws;But even mighty justice has one almighty flaw;

There is one law for the rich and one law for the poor.

Newcastle band, The Unthanks followed Tom. They perform their ownarrangements of traditional “Geordie” folk songs. The sisters who lead

the band, Becky and Rachel Unthanks, have fantastic voices and theirharmonies are wonderful, but personally I find one song merges into thenext and may have nodded off for a couple of minutes much to myhusband’s horror. Later though I heard someone comment that TheUnthanks were so good they thought they had ‘died and gone toheaven”!

Sunday saw the Rik Sanders Trio take to the stage. Veterans of the folkmusic scene, these exceptionally talented musicians played a great mixof old blues classics from the likes of Leadbelly, Mississippi John Hurtand Memphis Minnie as well as some classic folk tunes.

Finally Fotheringay headlined Sunday evening. The classic folk legendband first formed in the late 60’s but disbanded after the death ofvocalist Sandy Denny. In 2015 the band reformed, with Jerry Donahuefrom the original line up. He is joined by Gerry Conway, who hasplayed with Steeleye Span and Jethro Tull, bass player Pat Donaldson,PJ Wright, Kathryn Roberts and Sally Barker, who has toured with bothBob Dylan and Tom Jones. They did a great set, and Sally Barker’sgritty vocals really added to the performance.

Butlins isn’t everyones ‘cup of tea’, the rooms are basic butcomfortable, the food is good and the staff are fantastic. They are sopolite, helpful and friendly, and put the staff at some ‘luxury’ hotels toshame. Skegness is fairly grim, cold and windy, but at least I wasn’tcamping!

For folk fans, Butlins have already announced that the Levellers, folklegend Donovan and Kate Rusby will be headlining this year’s Festivalwhich runs from Friday 2nd to Monday 5th December 2016.

Julia Baskerville

Billy Bragg

Politics and Protest SongsThe Great British Folk Festival

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25LawCare

Since 1997 LawCare, through its free,confidential and independent helpline servicehas been helping members of the legalprofessions, their support staff and familiesby providing information and support withany issues affecting them.. However, thereare still many lawyers who are not aware ofthe support available and we are often askedquestions about what we offer.

How are you funded?LawCare is a registered charity fundedprimarily by the professional bodies for legalgroupings throughout the British Isles. Althoughwe do welcome any donation, however small.

Is LawCare part of any of the professionalbodies?No. LawCare is entirely independent of all theprofessional bodies and only reports statistics tothem.

Is it a counselling service? Callers to the LawCare helpline are providedwith initial support from our staff, who all haveexperience of working in the legal professionsand have had some training in telephonecounselling skills. They can discuss problemwith the callers and help them plan a wayforward.. This may include helping to identify aprofessional counsellor or another specialistservice, such as a treatment centre.

What problems can you help with – andwhat don’t you do?LawCare offers support on anything which istroubling you, be it business or personal, big orsmall. We are impartial and can providereassurance and even if a solution does notimmediately present itself, talking about it canbe very cathartic. We do not offer legal advicebut our helpline personnel have experience ofthe legal profession and an understanding of theissues that arise. If more specific advice isrequired, then, in most instances, we cansignpost you to someone who can help.

Can anyone phone LawCare?Anyone in the legal profession, from a Judge toa paralegal, their immediate families and staff,

are welcome to use LawCare’s service. Thisincludes students and trainees.

Is it free?LawCare’s helpline service is entirely free.However, if we help identify a counsellor, othertherapist or treatment unit then funding willnormally need to be provided by the caller,though wherever possible we will assist to sourcefunds if necessary.

Is it confidential?Confidentiality is at the heart of what we do. Youdon’t have to give your name if you’d rather not,and the records we need to keep are stored on asecure and closed computer system accessibleonly to LawCare staff. We are non judgmentaland our service is one of support.

Is there a limit to the number of times peoplecan call?No. Many people do call back a number of timesfor further support and encouragement, oftenover a long period of time. However, there is alimit to what we can achieve and a regular callermight need to consider whether they need a higher level of support thanLawCare can offer – such as a mental healthprofessional. But wherever possible, we will be asupportive, listening ear.

What other services does LawCare offer?We also try to prevent problems arising byoffering training and education on wellbeing andare involved in other work relating toresearching and promoting professional wellbeingin the legal workplace. Our website provides anoverview of the support available and our rangeof helpful factsheets can be found there fordownloading.

How do I contact you?Our free and confidential helpline is available on0800 279 6869 and information is also availableon our website at

www.lawcare.org.uk

LawCare Ltd is registered as a charity inEngland and Wales no. 1061685 and inScotland no. SCO39335.

All About LawCare

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Disbursement funding (‘DCF’)VFS funds the ongoing disbursements incurred on PI, Clinical Negligence and Litigation cases until their natural conclusion.

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28 News

MediaRound-UpPublic Relations matters:

December 2015

Liverpool Law Society assistedFreelance journalist Catherine Baksiwho was seeking trainees or newlyqualified lawyers who had made adecision to quit London and to eithertrain or practice in the regions tofeature in her article for the onlineGuardian Student Law section beforeher deadline of 11th December 2015.Members were invited to respond viaa request on the Liverpool LawSociety’s website and social mediachannels.

On Twitter

@LiverpoolLawSociety

Let it snow let it snow let it snow

@Morecrofts LLP

Congratulations to our managingpartner @AlisonLobb1 who todaybecame president of the@LpoolLawSociety

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The Observer

A l d o Z i l l i n o w p a r t o f t h e S a n C a r l o t e a m

41 Castle St, Liverpool, Merseyside, L2 9SH [email protected] | T: +44 (0)151 236 0073 WINNER OF THIRTY TWO PRESTIGIOUS AWARDS

@SanCarlo_GroupW W W . S A N C A R L O . C O . U K

30 Regulation

The latest regulation news from MichelleGarlick of Weightmans LLP

Regulation Update

MICHELLE GARLICKWEIGHTMANS LLP

Happy New Year everyone! Andwhat a year it is likely to be inthe regulatory world. 2015 was ayear of change, competition andconsultations, and based onannouncements made both bythe SRA and the government inthe last month or so, we can I’msure be guaranteed more of thesame this year.

All Change?

The SRA has outlined its “visionfor the future” and has issued aposition paper which can be foundon its website setting out theirplans to push ahead with a shiftaway from prescriptive rules infavour of setting out the principlesthat solicitors should follow. Butwasn’t that what the SRA did in2011when the SRA Handbook andOFR was introduced, I hear youask? Yes it was but clearly thisisn’t enough for the SRA and theyplan to make further significantchanges to the Handbook. At arecent conference I attended,Crispin Passmore of the SRA madeit very clear that he would love tosee the Handbook reduced in sizedown from 600(+) pages to 50!The desire is to give law firms thefreedom to run their businesses asthey see fit whilst at the same timestill ensuring clients are protected.It is hoped that such changes willgive flexibility to help law firmsadapt to the ever changing legalmarket. The paper discusses thepossibility of removing non-mandatory guidance/Indicativebehaviours and provide “useful,relevant and supportive on-lineresources including case studiesand toolkits”. I remember all toowell the concerns that many peoplehad when OFR was introducedabout the lack of rules andguidance from their regulator andthese proposed changes will I’msure bring those concerns to thefore once again. That is not to saythat reducing the size of theHandbook would be a bad thingbut in my view, the SRA will needto do a lot of work internally toprovide meaningful case studies toguide firms as to what the SRAexpects from them and make itsenforcement strategy andprocedures much more transparentthan they are currently.The SRA will also be looking at

allowing solicitors to practise inunauthorised businesses. Currently,the rules say that solicitors in firmsnot authorised by the SRA oranother legal services regulatorcannot deliver legal services to thepublic (except in very limitedcircumstances). Under theproposals, solicitors would be freeto practise in the wider legalmarket, delivering non-reservedlegal services outside of law firms.This means that the SRA needs tolook at regulating the solicitor asan individual on the basis of theservices they provide (and towhom) rather than on the type oforganisation/entity they work in.How this will affect the solicitorbrand is something no doubtpeople will have strong feelingsabout – the SRA’s view is that itwould not be diluted – on thecontrary, such changes would, inits view, strengthen the solicitorbrand. Again, your views will besought when the consultationopens.

The government has alsoannounced in its paper “A betterdeal: boosting competition to bringdown bills for families and firms”that it wants to further reducebarriers to make it easier foralternative business structures,such as supermarkets and estateagents, to offer legal services likeconveyancing, probate andlitigation. Extending the types oforganisations that solicitors couldwork in coupled with thegovernments intentions really doesopen up the possibility that thepublic could buy legal advicealongside their tins of beans in thefuture!

Competition

Government proposals regardingPI whiplash claims and theincrease in the small claims limitwill be of great concernparticularly in the north west. I amsure this will be covered in muchmore detail elsewhere but from aregulatory perspective, any firmsaffected will need to be keeping avery close eye on developments,starting to think about contingencyplans and their firm’s financialstability. Paul Philip has just alsoannounced that the SRA will becarrying out research on the

“competence” of personal injurylawyers to gain an understandingof the profile of firms/entitiesproviding legal services toclaimants and discover the mainchanges firms have implementedin response to LASPO. Given theprevious thematic risk projectwhen LASPO was introduced andthe number of ABS applicationsinvolving PI firms, its aninteresting admission on the SRA’spart that it still needs to understandthe PI market.

And talking of firm closures andABSs, we have recently seen thenews about Parabis going intoadministration. Parabis was ofcourse one of the first ABSs withexternal investment and it willinevitably lead many to questionwhether the concept of ABS isdead in the water. Personally, Idon’t think it is but having assistedmany businesses with their ABSapplications, it is clear that, as withany other law firm business, thekey to long term success is to befound in strong management, goodprocedures and a well definedbusiness plan involving horizonscanning and the ability to changedepending upon changes in themarketplace.

Independent regulation

In the same paper mentionedabove, the government has alsoindicated an intention to consult onmaking regulators independentfrom representative bodies. TheSRA has made it clear that it isstrongly in favour of this change.The Law Society understandably isless keen, Catherine Dixoncommenting that “the professionshould be free to set its ownstandards and rules, and to “own”legal education and training”

Other news

Onto more positive news! TheSRA has published a new report onregulation for small law firmswhich summarises the changes theSRA has made that are relevant forsmall law firms and includestailored risk managementinformation and case studies basedon experiences from small firms.

For any of you who offer

unbundled services, some goodnews from the Court of Appeal.The case of Minkin v LesleyLandsberg has held that solicitorsinstructed on a limited retainer donot have a broader duty of care totheir clients, thus asserting theimportance of ensuring thatlawyers can offer unbundledservices. However, offering suchservices does not come withoutrisk and there is a very clear needto ensure that your supportingclient care letters and formalwritten retainers are drafted withcare to reflect the client’s specificinstructions and what you haveagreed to do for the client. There isa practice note on the LawSociety’s website about this or doget in touch with myself or any ofthe Compli team who will be ableto help.

And finally, the Legal Ombudsmanhas announced that complaintsabout law firms are projected tohave fallen 22% in four years. Itsnot entirely clear why this is, theLegal Ombudsman identifying anumber of possibilities including“silent sufferers”(who will toleratepoor service without complaining),more clients acting as litigants inperson or using unregulatedproviders and so have no redressfrom the LeO, but also (and here’sthe positive bit!) that solicitors aregetting better at responding tocomplaints during the first tierprocess. Watch out though if youare one of the firms who behavepoorly because the LeO is lookingat the possibility of using its nameand shame powers to greatereffect!

Michelle GarlickWeightmans LLP

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32 MJLD and WLD

December saw MJLD members get into the Christmas spirit with aChristmas quiz. Members were encouraged to come in their bestChristmas jumper, the finest of which was worn by Nick Hemus atHill Dickinson. Nick’s efforts were rewarded with a bottle ofProsecco to celebrate.

Members sat down in their teams of up to 5 and the venue at MaBoyle’s was filled.

The competition started with a test of general knowledge, followed byan examination of legal knowledge, including the questions;‘What was the name of the dog in the film Legally Blonde?’‘What was the name of the law firm in Ally McBeal?’

Film, music, sport and all things Christmas were then quizzed, with abreak in between for competitors to refuel with a tasty buffet selection.The competition was fierce throughout the evening, but mainly confinedto the buffet queue.

During the evening raffle tickets were sold in aid of our chosen charity,Zöe’s Place, with prizes including money to spend at the bar and acocktail pitcher. In total £155.20 was raised on the night for the charityand will be added to the running total for Zöe’s Place raised by theMJLD 2015-2016.

After totting up the scores, Team Elf of Morecrofts were declaredchampions of the quiz.

A big thank you to all of our members for attending, to our sponsors,BCL Legal for making the event possible, and to our venue, Ma Boyle’sfor providing an excellent venue, tasty buffet and drinks selection.

MJLD look forward to working with you all again in 2016.

Pudding Club – Thursday 26th November 2015

As always Pudding Club proved to be one of the more popular eventsin the WLD calender.

Due to the popularity of the event the evening was hosted by Leaf at afunction room in Fact cinema; this ensured it was a private event andthat there was an increase in the number of tickets available to ourmembers. Members arrived at 6pm and were seated and ready toinduldge by half past. The night consisted of 5 different course.Impressively the portion sizes were generous and each delicious cakewas served with a refreshing flavoured tea to compliment the sweet. WLD would like to thank Leaf for providing the raffle prize on thenight. Raffle ticket sales generated a £44.00 all of which will go to ournominated chairty, the Whitechapel Centre. The raffle prize was a lovelymetal tea infuser with a selection of festive teas.

The Whitechapel Centre Collection

The WLD chair Jennifer Crompton coordinated a collection on behalf ofthe Whitechapel Centre, a homeless charity based in Liverpool CityCentre. Slater & Gordon Lawyers Liverpool Waterloo office was thenominated collection point. The collection was a great success withpeople generously donating many items ranging from adult andchildren’s clothes, toys and toiletries. The items have now beendelivered to the Whitechapel Centre.

WLD are proud to support the Whitechapel Centre which provides animportant service to rough sleepers, people living in temporaryaccommodation and those at risk of becoming homeless. To find outmore about the centre, click herehttp://www.whitechapelcentre.co.uk/what-we-do.html

News from the MJLD

News from the WLD!

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34 Almost Irrelevant

Almost IrrelevantA humorous look at life in the law....

Please feel free to send me your comments, observations orphotographs to [email protected]

Virtual assistants

As regular readers will know, Wirral-based legal outfitRiverview Law has been working with a number oforganisations, including Liverpool University, in developingthe “virtual” legal assistant, that is, a computer program whichcan perform many of the tasks traditionally carried out byjunior layers and paralegals.

Riverview has now announced that it is ready to roll out itsteam of virtual legal assistants to inhouse lawyers and otherlegal businesses. The assistant is known as “Kim”: thankfully,not named after Kim Kardashian; rather, “Kim” stands for:Knowledge, Intelligence, Meaning, all three attributes thevirtual legal assistant is said to have.

As the chief executive of Riverview Law has said: in thefuture there will be fewer lawyers, and those there are will bedoing different jobs to those traditionally performed byqualified lawyers.

One of the major outcomes of the use of technology for moreroutine legal work is likely to be reducing access to the legalprofession to students. Many of the jobs which they havecarried out in the past with a view to gaining a trainingcontract at a law firm are likely to disappear, with the work ofjunior lawyers being done by computers, making it a lotharder for those without connections to join the legalprofession.

Town and Gown

It was good to see so many of the legal profession at the recentlaunch of Liverpool University Law School’s alumniassociation. The University is seeking to maintain andstrengthen the links between its teaching staff, the law studentsand the professionals practising the law in the region, whetherjudges, barristers, solicitors, legal executives or paralegals.

A number of presentations were made outlining the work andachievements of the Law School and the formal part of theevent concluded with the awarding of prizes to some of theleading students.

It is heartening to learn of the success of young students, eventhough, as His Honour Judge Ross Duggan was heard to say,some of the legal topics which are taught nowadays aresomewhat different to the core subjects taught back in the dayswhen many of the alumni present were students, and when theUniversity of Liverpool Law School was known as theUniversity of Liverpool Law Faculty.

Golden Goodbye

Finally this month, a cautionary tale about what may happenwhen law firm partners fall out.

When partner James Parry left the firm of solicitors NadimAssociates, based in Birkenhead, an allegation of theft wasmade against him by one of the other partners in the practice. Mr Parry was invited to attend a police station for interview byMerseyside Police, which he duly did on a voluntary basis, buton arrival he was promptly arrested and held at the station forover five hours.

No charges were brought and the Police have confirmed that nofurther action will be taken in respect of the theft allegation.However, Mr Parry brought an action against MerseysidePolice for wrongful arrest. The case reached trial, where thejudge found in favour of Mr Parry, ordering the Police to payhim damages of £9,000, on the basis that the arrest had notbeen necessary.

Usual measure for dealing with departing partners includegarden leave and enforcement of restrictive covenants, buthaving to deal with an arrest and detention at a Police station isprobably one of the more extreme measures which a partnerleaving a law firm has had to endure.

At Clayton Legal your talent matters...

For more on these and other vacancies please contact Clayton Legal

telephone: 01772 259121email: [email protected]

visit our website: www.clayton-legal.co.uk

Fee Earner LiverpoolA long-established law firm which prides itself on itsexcellent client care are looking for a Fee Earner withintheir Credit Hire litigation department. Applicants musthave a minimum PQE of 12 Months and experience inhandling their own caseload within Credit Hire. Contact Simon Scott [email protected]

Litigation Fee Earner LiverpoolMerseyside based firm, managing a caseload of FastTrack RTA files. 2 years minimum experience of similarrole requiredContact Simon Scott [email protected]

RTA Fee Earner LiverpoolLiverpool based firm seeking accomplished RTA FeeEarner, dealing with pre/post litigation files. 3-6 yearsPQE required for this role. Contact Simon Scott [email protected]

Commercial Litigation Solicitor LiverpoolLiverpool based firm seeking commercial solicitor to runa mixed litigation caseload. Ideally 3-5 years PQE and asolid commercial background.Contact Simon Scott [email protected]

Newly Qualified Private Client Solicitor LiverpoolMy client, a reputable Law firm based in Liverpool arelooking for a Newly Qualified Private Client Solicitor tojoin their team.The successful candidate must be a qualified solicitor.Contact Robert Walsh [email protected]

Residential Conveyancing Solicitor LiverpoolMy client, a reputable Law firm based in central Liverpoolis looking for a Conveyancing Solicitor to join their team.The successful candidate will have a minimum of 3 yearsconveyancing experience working in a legal environmentand handling caseloads.Contact Robert Walsh [email protected]

Residential Conveyancing Assistant Liverpool My Client, a reputable Law firm based in the heart ofLiverpool are looking for a Conveyancing Assistant tojoin their team. The successful candidate must have aminimum of 18 months experience working in aconveyancing department.Contact Robert Walsh [email protected]

Senior Costs Lawyer/Costs Draftsman Liverpool Boasting decades of success in Costs, a well respectedfirm requires a skilled and versatile Law Costs Draftsmancarrying demonstrable experience drafting quality Bills ofCosts. Competitive salary offered. Contact Natasha Darr [email protected]

Senior Costs Lawyer/Draftsman Liverpool Well respected firm is seeking an extensivelyexperienced and versatile Costs Draftsman withexperience handling multi-track.Litigation Costs matters. Competitive salary offered inreturn.Contact Natasha Darr [email protected]

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