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March/April 2014 | Issue 127The Official Journal of Leeds Law Society

FocusWe examine the success of the University ofHuddersfield’s Legal Advice Clinic

NewsThe remains of Richard III could end up in York after all – thanks to the help of Gordons

SocietyRead about the Annual Legal Dinner and find out how to enter a prize draw for an Apple TV

ProfileMakin Dixon is one firm that has decided to stay true to its roots despite tough times

CommentPatrick Walker on the ethics surrounding wildlife and nature preservation

LeedsLaw Society

Contents 03

The Official Journal of Leeds Law Society

LeedsLaw Society

Leeds & Yorkshire Lawyer Magazine | Issue 127

March/April 2014 | Issue 127

Leeds Law Society1 Albion PlaceLeeds LS1 6JLDX 12079 LeedsTel: 0113 245 4997

EDITORIAL:Editor Marek Handzel01423 851 [email protected]

Founding Editor Ian McCombie Editorial AssistantSophie Dilley PRODUCTION:Head of designCatherine Perry

Graphic designRobert Goodall

ADVERTISING:Project ManagerRosie Beattie 01423 851 [email protected]

Published by: Barker Brooks Communications Ltd9 Cardale Court, Harrogate, HG3 1RYTel: 01423 851 150Fax: 01423 851 151www.barkerbrooks.co.uk [email protected]

PRINT:Buxton Press Limited

© 2014 Leeds Law Society & Barker Brooks Communications Ltd. All rights in and relating

to this publication are expressly reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without written permission from the publishers. The views expressed in Leeds & Yorkshire Lawyer are not necessarily those of the Leeds Law Society or the publisher. While the publishers have taken every care in compiling this publication to ensure accuracy at the time of going to press, they do not accept liability or responsibility for errors or omissions therein however caused.

SUBSCRIPTIONS:Subscriptions are available to Leeds & Yorkshire Lawyer at £70 for one calendar year (10 issues). Unless requested otherwise, your subscription will start with the issue following receipt of your payment.

To subscribe contact David Warne at publishers Barker Brooks Communications on 01423 851 150, or email [email protected]

Views From the President 05The legal profession continues to undergo change, and the Society is changing with it

Society 06 Read about how the Annual Legal Dinner was a hit with guests again this year and find out how you can win an Apple TV

NewsLead 08Could Richard III’s remains still end up in York thanks to Gordons?

Business development 10Newtons steps into the North East; Pinsent Masons announces a swathe of new partners; Des Hudson kicks up a storm over the rivalry between Leeds and Manchester

Social & Charity 16DLA Piper cycles for child justice; Petherbridge Bassra gets walking for Marie Curie; and Ramsdens’ motley crew runs for children’s hospice

Community 20Sarah Minors becomes the youngest ever President of the Harrogate Law Society

Appointments 25Irwin Mitchell, Emsleys, Capsticks, Beaumont Legal,Schofield Sweeney and Eccles Heddon all welcome new recruits

Legal 26Find out what the Leeds Junior Lawyers Division has been up to in 2014 so far

CommentIn and out of Africa 27Partick Walker is entranced by a safari trip to Africa where he considers the ethics of culling and nature preservation

Focus on

Mergers and good manners 29Peter Watson on the importance of maintaining cordial relationships throughout a merger process

First of its kind 31The success of the Legal Advice Clinic launched by the University of Huddersfield could spark imitators around the country

Getting your message across 35Think you’re too small to get your voice heard in the crowded marketing game? Think again, says Natalie Rodgers

A local court for local people 38The Administrative Court in Leeds opened in April 2009. But is it being neglected?

Vicious circle 42Joanna Grandfield from Mills & Reeve explains how the Government’s civil legal aid cuts may come back to haunt Ministers

Last word

The new face of the Bar 46Direct access is being taken to a new level by Amanda de Winter

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President’s column 05LeedsLaw Society


Heidi Sandy is the President of Leeds Law Society and is a solicitor in the commercial litigation department at Gordons’ Leeds office

Changing times

Leeds Law Society has some strong historical and traditional practices, mirroring the legal profession its members represent.

However, gone are the days of the traditional legal practice, which conjure up images of wood panelled offices, large arm chairs and long Friday lunches.

The profession has changed significantly since the days when some reading this column would have started their careers as articled clerks. And with the current legal and education training review being debated, I expect it will change even further. So much so that it will soon look very different to how it did when I embarked on my training contract.

Change has been a theme of my year as President and as the legal profession has developed, so too has the Society taken steps to modernise and reflect the working lives of the members it represents.

In February the society hosted its annual legal dinner at Aspire. This involved 240 guests coming together for an excellent evening spent among wonderful company. And the make-up of the guest list was proof, if it was needed, that the face of the legal profession is evolving rapidly.

In Leeds over 70% of our members are under 40 and almost 50% are women. This is a far different picture from December 1922 when Carrie Morrison became the first women to be admitted to the Solicitors' Roll. To acknowledge the changing nature of our profession, the society invited Legal Practice students and trainee members to become members for the first time this year. It seemed odd to me to exclude those who are at the most exciting and enthusiastic point in their legal career.

My hope is that the society and the wider legal community will harness the energy and enthusiasm of these junior members, as the future of the profession, so that Leeds remains one of the strongest legal centres in the country outside of London.

Leeds has a fantastic legal resource that we should not be defensive of when compared to other legal centres. London and international firms can often be seen as competition to Leeds and indeed it would be unrealistic to promote areas where we cannot compete with the magic circle and international firms.

However, it seems to me that in Leeds we get the job done for clients in the most efficient, no nonsense and – more importantly for our Yorkshire clients – the most cost efficient manner possible. My view is that we should be working hard to let the wider national and international business community know about the skills and expertise we have here. Not working in competition with London and international firms, but in cooperation and conjunction to maximize opportunities.

With that in mind we hope to work more closely with the government’s UK Trade and Investment initiative in Leeds to make sure that business contacts outside the city and the UK know what our legal sector has to offer.

Talking of change, this is sadly my last column as President. I will soon finish my term and move to pastures new in Guernsey. Leeds has been my home for the past ten years and it has provided me with some fantastic opportunities and dear friends.

My involvement with Leeds Law Society during that time has been a real pleasure and I wish it and all its members the best success for the future.

06 NewsSociety

Issue 127 | Leeds & Yorkshire Lawyer Magazine

Over 240 guests from 40 Yorkshire law firms and chambers were treated to culinary delights and entrancing entertainment at Aspire in Leeds on 27 February.

Executive chef Tom Rennolds (a finalist on the BBC’s Masterchef television programme) prepared a stunning three course meal while Drew McAdam of Mindplay enthralled guests as he displayed his mind manipulation skills in a series of stunts with the help of some willing guests.

Toasts and speeches were delivered by Mr Nick Lane Fox, Deputy Lieutenant of West Yorkshire, His Honour Judge Collier QC, Recorder of Leeds, Heidi Sandy, President of Leeds Law Society and James Haddleton, Past President of Leeds Law Society, who revealed that the current President would soon be leaving Yorkshire for Guernsey.

Chef Rennolds also left the kitchen to mingle with guests and was congratulated for the exclusive meal he had prepared for the evening.

Following the meal, McAdam amazed everyone present with his mind reading abilities which he displayed by asking guests to participate in a number of activities.

One of them involved him correctly replicating an image a guest had drawn on a piece of paper without seeing the original drawing, while another saw him influence a set of volunteers into handing him an envelope which contained a £50 note.

A number of high profile members and friends of the Leeds Law Society were in attendance at the dinner which was once again headline sponsored by Aon, who provide specialist insurance products to law firms and barristers chambers.

Guests also supported Marie Curie Cancer Care by donating to the charity during the evening.The total raised was £1,082. Leeds Law Society would like to thank everyone who made a donation.

The Society would also like to thank the other established sponsors of the event over the years: Mercedes-Benz, Armstrong Watson, Wesleyan, Safemove and Anakin Seal.

The event could not have been the success it was without the additional support of the Society’s new sponsors this year either. The Society looks forward to building our relationships with Dynamic Deliveries, Syscap (who kindly sponsored and hosted the drinks), Callcredit and Checkaprofessional.

Planning for next year’s event is already well underway, with Safemove having already agreed to sponsor the 2015 dinner.

Annual Legal Dinner is a hit

Heidi Sandy with main sponsors Aon

Guests enjoying the night Heidi Sandy with the team from Skyscap Drew McAdam from Mindplay with Leo Jones-Rowe from DWF

Heidi Sandy with Shaun Dobson from Anakin Seal

Mr Justice Dingemans and Mr Justice Coulson with a guest

07NewsSociety

LeedsLaw Society


Networking Lunch, Restaurant Bar and Grill Monday 28 April

Leeds Law Society AGM, Cloth Hall Court Tuesday 6 May

Clay Pigeon Shoot, Park Lodge Shooting SchoolThursday 15 May

Women Lawyers Event at DLA Tuesday 10 June

Annual Golf Tournament at Ganton Golf Club Monday 16 June

Meet the Judges A review of Jackson one year on. Tuesday 17 June at BPP University, from 4.30pm.

Twenty20 Cricket Yorks v Leics at Headingley Tuesday 1 July

Networking Lunch at Chaophraya Monday 22 September

Leeds Law Society is your local independent professional membership organisation and exists solely for its members. As such, your input is vital to ensure we deliver services which are of value to you and your firm.

Headed by a committee of dedicated legal professional volunteers and supported by three part-time staff, our primary objective is to provide benefits and services to support our members’ personal development and wellbeing, while also strengthening the spirit of community that has helped Leeds become recognised as a centre of legal excellence.

Mindful of the fast-paced nature of our industry where working practices, communications and training needs can change overnight, we will be conducting market research to find out how best to provide relevance and value to our members.

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Look out for the survey, which will be issued after Easter. It will also be available online from 22 April to 9 May at www.leedslawsociety.org.uk/members.

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Forthcoming events for 2014

For more information visit www.leedslawsociety.org.uk


08 NewsLead

Gordons has helped maintain hopes that the remains of Richard III could still be laid to rest in York.

The firm, which represents a group of Richard III’s collateral

descendants called the Plantagenet Alliance, says that a judicial review looking at the permission given for the former monarch’s remains to be reburied in Leicester, could open up the possibility of the King being returned to Yorkshire.

A judgement on the review is expected shortly, with it having taken place on 13 and 14 March at the High Court.

The Plantagenet Alliance has been fighting for the King to be finally laid to rest in York as it believes that Leicester is a wholly inappropriate location as his burial place, given that he had no connections with the city beyond having met his untimely end there.

The review examined the alliance’s challenge to processes surrounding the Ministry of Justice’s (MoJ) decision to grant a section 25 licence under the Burial Act to the University of Leicester.

Under the licence, the university was authorised to remove Richard III from beneath a Leicester City Council car park during the autumn of 2012 and to reinter him.

However, the alliance has argued that the MoJ had failed to take into account the wishes of the King, his descendants or the wider public, when issuing the licence. This, they said, was unlawful and meant that the licence should be revoked.

Matthew Howarth (pictured) the partner and judicial review expert at Gordons who has been representing the alliance, said that the full hearing had originally been due to take place last November.

“However, it was adjourned after the three judges present granted our application, which was resisted, for Leicester City Council – which had become an interested party in the case only three weeks earlier – to be made a defendant, alongside the university and ministry,” he said.

“The council, which had earlier refused

our invitation to adopt defendant status, was made to pay the costs we incurred in making our application. The implications of our success include that the local authority may now be liable for further costs, if we ultimately win the case.”

Leicester City Council’s barrister also confirmed at November’s adjourned hearing that it would hold a public consultation on where the bones should be buried – something it had considered previously and rejected. The pledge caused a judge to remark that the case had now entered Alice in Wonderland territory, as the alliance had sought such a consultation all along.

In another twist, the council subsequently withdrew its offer to consult, and had another request to avoid being a defendant refused.

Howarth said that the council’s participation in the case had revealed a disagreement between two of the defendants.

“Before November’s hearing, the local authority disclosed documents in which it claimed the right to dispose of the king’s remains, as they were found on its property, an assertion the university disputes,” he says.

He also said that it was surprising that the case had ended up in court, given that when permission for the judicial review was given by Mr Justice Haddon-Cave, back in August last year, it was suggested that the parties used an independent expert panel to adjudicate on the matter instead.

“Quite why our opponents have declined the obviously sensible option of independent adjudication, preferring to incur substantial legal costs – including for the taxpayer – and tie-up considerable court time, is inexplicable,” said Howarth.

“Despite my client being a not-for-profit entity, my firm having done a great deal of work for it free of charge, and the far better resourced opposition we face, the judiciary has clearly recognised we have a legitimate argument.

“Although many people are astonished we’ve got this far [we have] every confidence in our position, believing there’s every chance the licence will be quashed.

“If that happens, the odds about the king eventually being laid to rest in York will shorten dramatically.”

Chadwick Lawrence has entered into a partnership with Share a Mortgage, an affordable housing scheme.

Share a Mortgage is a brand new joint ownership facilitator for private home-buyers willing to pool their resources to buy and share properties in a safe and affordable way. Chadwick Lawrence will provide legal support to clients collaboratively buying through Share a Mortgage.

The firm, which has a team of specialist conveyancing solicitors trained in shared ownership and collaborative buying, has been praised by Share a Mortgage for having a proactive approach to looking after clients.

“Sarah Haller (pictured) and her conveyancing team have the right attitude. Client first,” said Andrew Boast co-founder of Share a Mortgage.

“It is hard to juggle all the balls during the conveyancing process; client needs, lender requirements, council delays, other side pressures. But I have seen firsthand how Chadwick Lawrence catch all the balls and do it time and time again. They just know their stuff,” he said.

Share a Mortgage also works with mortgage brokers, credit agencies and income protection insurers.

Gordons helps raise hopes that Richard III could still be buried in York

Chadwick Lawrence to help make house buying more affordable

Peter McCormick OBE, senior partner of McCormicks Solicitors, has been appointed as a temporary director of the Premier League, following the announcement that its chairman, Anthony Fry, was taken seriously ill in March.

McCormick, who has been a member of the Legal Advisory Group of the League since 1996 and Chairman of it since 2008, will chair Premier League Board meetings in Fry’s absence.

“My thoughts and those of everyone at the Premier League are with Anthony Fry and his family. We wish him a speedy and full recovery,“ said McCormick, who is widely known for his expertise in sports law.

“For my own part, I’m very proud and feel privileged to have had the trust and

confidence of a unanimous vote of the 20 Clubs placed in me. I shall do all I can to justify the faith placed of Richard Scudamore, the chief executive, the Audit and Remuneration Committee and the clubs.”

McCormick is also a trustee of the Football Foundation, the UK’s largest sports charity, and chairman of Football Stadia Improvement Fund, a company funded by the Premier League which makes grants to football clubs to improve their facilities.

As well as his sporting commitments, he is the chairman of three other organisations: Visit Harrogate; War Memorials Trust; and the Yorkshire Young Achievers Foundation, a charity helping young people in the Yorkshire and Humberside region.

Beaumont Legal, which has hired its 120th member of staff, has announced plans to employ more than 200 people by the end of the year.

The firm, which now has one of the largest conveyancing departments in the country, has hired its first new solicitor outside of conveyancing in Nicola Roberts (pictured), a personal injury specialist (see appointments page 25), as it looks to expand its legal services departments.

Based in Wakefield with a turnover exceeding £5 million, Beaumont Legal saw unparalleled growth for the firm in 2013 as it expanded from 50 employees to more than 120. The majority of the new positions were filled by solicitors and law graduates in the conveyancing division.

The firm has said that it will continue to expand its residential conveyancing business

during 2014, as well as building its provision of litigation, commercial property and wills and probate services.

“Last year we began a major expansion of the conveyancing business as well as building a management team capable of developing Beaumont Legal into one of the country’s top providers of specialist and modern legal services,” said Roy Cusworth, senior partner at Beaumont Legal.

“During 2014 we will hire more conveyancing solicitors as the residential property market goes into overdrive and we’re also looking to build our team in other areas as we continue to develop other specialist services.”

Roberts said that the firm had a “buzz” around it.

“It’s exciting that [it] is expanding at such a rate,” she said.

McCormick becomes a Premier League director after chair is taken ill

Rapid expansion forecast for Beaumont Legal as firm diversifies

09NewsLead


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NewsBusiness development

Pryers, the medical negligence, product liability and personal injury specialist based in York, has seen two of its staff successfully complete their training contracts.

Kimberley Snape (pic, centre) and Jamie Paddock (right) qualified in February and March respectively this year, making room for new trainees to the firm Kristi Hale (second from right) and Jonathan Gray (left).

Principal Ian Pryer (second from left) said that it was important to recognise the talent that was already within the firm. Pryers has two employees at the firm who have worked through the ranks from office assistant to become fee earners in its personal injury department.

“We are always happy to help our staff achieve their ambitions by our encouragement and significant training. It gives us a much more loyal team and really helps the firm as a whole,” he said.

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In the last issue of Leeds & Yorkshire Lawyer (January/February 126) we ran a story on the closure of a number of firms in Yorkshire (Yorkshire firms forced to shut down due to lack of PII ) in which we misrepresented the status of Towells Solicitors.

The story included a list of the firms named by the Solicitors Regulation Authority (SRA), which we identified as having been forced to shut down due to their inability to secure professional indemnity insurance (PII).

This was incorrect. Towells Solicitors, one of the firms on the list, did not close due to any problems with obtaining PII. Towells in fact dissolved its partnership following the retirement of one of its three equity partners. It was wholly solvent, fully capitalised and had secured six years run-off PII which was paid for through its cash reserves.

As a result, the closure of Towells Solicitors has been undertaken strictly in accordance with SRA guidance and has been fully compliant with The Law Society’s practice notes on firm closure.

Three partners from Towells went on to form Wakefield Law with another solicitor from Towells, who became a partner in the new firm.

The partnership of Wakefield Law was authorised by the SRA in December 2013 and has at all material times held PII. The ongoing cases of Towells were transferred to either Wakefield Law, or to other nominated solicitors.

We sincerely apologise for this inadvertent error and for any misunderstanding arising from the article in relation to the status of Towells.

Towells Solicitors – an apology

Newtons officially steps into the North EastNewtons Solicitors has spread to the North East with the appointment of a commercial property lawyer to its newly rebranded Darlington office.

The firm bought Hodgsons & Mortimer Solicitors last year and has now renamed its Richmond and Darlington offices as branches of Newtons Solicitors. Chris and Sarah Newton, the firm’s husband-and-wife management team, have also appointed Gareth Jones as a partner to head the new Darlington office which has relocated to listed four-storey offices in the town.

Jones was previously at the Stockton office of national law firm DWF and York-based Denison Till. He is experienced in development work and advises investors, social housing providers, NHS Trusts and banks.

Chris Newton said that Jones was a heavyweight commercial property lawyer and a great addition to the firm’s growing corporate team.

“We are pleased to welcome him and his loyal client following which has created a strong commercial presence for us in the North East virtually overnight,” he said.

“Together with other recent appointments, including Sally Robinson, Steve Rae, Nick Hodgson and John Paice, we have a very strong commercial property team in an experienced corporate department which recruited James Towler from Langleys, last year. This is particularly important now that the economy is starting to grow.”

The Newtons Solicitors Group, which made 14 new fee-earner appointments in 2013, has a £2.5m turnover.

11NewsBusiness development


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Emsleys to tackle unregulated will writersEmsleys has launched an online wills review service in a bid to fight back against unregulated will writers.

The firm says that its ReviewMyWill service can help anyone whose will may be out of date or unclear. It will also offer advice on inheritance tax issues and inheritance disputes.

The tool follows on from other successful ventures created by the firm, including www.reviewmyclaim.co.uk which allows clients the chance to see if their personal injury cases have been handled correctly.

Liz Stephen, partner and head of wills and probate at Emsleys said that writing a will was far too important to put in the hands of unqualified, unregulated and uninsured will-writers, where standards can often be poor.

“Many people don’t realise that unless they use a solicitor, they have no protection if things go wrong,” she said.

“The Ministry of Justice last year rejected calls from the Legal Services Board to regulate the will-writing industry, so people remain at risk of sub-standard wills produced by untrained writers.”

“Many people get a free will from their bank or go to a will-writer. When the person dies, the family often finds that a third party is in charge, accessible only via a call centre and exorbitant fees are charged to wind up their estate.”

Emsleys recently joined only a handful of firms in the UK to be awarded membership to the Law Society’s Wills and Inheritance Quality Scheme (WIQS), the mark of excellence for wills, probate and estate administration. The practice is the first law firm in West Yorkshire to be awarded the prestigious trust mark, which follows rigorous assessment by the Law Society.

12 NewsBusiness development


Des Hudson, the outgoing chief executive of the Law Society, has been criticised after saying that the city’s legal sector has fallen behind that of Manchester.

Hudson, who was born in Halifax and studied at the University of Leeds, said in a recent talk in the city that he believed that Manchester had now become the fastest growing legal centre outside of London.

Quoted in The Yorkshire Post, Hudson said that Manchester had taken over from Leeds due to changes in the economy.

“We have seen businesses that were previously owned and run and managed from Leeds disappearing or being taken over. Those decision makers have moved to London or Manchester. That’s been a factor. I think that Manchester has had its work to do to catch up with Leeds, so maybe people who ran the firms in Manchester reacted to that. They’ve sharpened their act,” he said.

He added that Leeds was still a major centre for legal work in the north east of England, but that Manchester’s growth would have given it an issue “to think about.”

Lawyers have lined up to question Hudson’s remarks, with Mark Burns, senior partner at Leeds-based Clarion, telling Leeds & Yorkshire Lawyer that Hudson’s comments were “nonsense”.

“The facts speak for themselves. Leeds’ legal community is still the largest and most vibrant in the North. What’s more, Leeds also

generates more revenue from law than our neighbour across the Pennines,” said Burns.

Paul Joyce, managing partner of Ramsdens said that although Manchester’s commercial sector was believed to be bigger than Leeds’, the legal sector rivalry between the two cities told a different story.

“My view is that the legal sector in Leeds has been stronger for many years and continues to be so,” said Joyce.

“I think Des Hudson is picking up on recent comments about Manchester being the second city in the country for business, which may well be true generally, but Leeds and the rest of West Yorkshire continues to punch well above its weight.”

Meanwhile, a separate study on legal activity in the UK run by NatWest and RBS has found that law firms across the North East and North West achieved an 11% increase in profit from the previous year. This, said the report, delivered partner profits at £20,000 above the national average – second only to firms in London.

The Financial Benchmarking Report looks at the financial performance of small and medium enterprise (SME) law firms operating outside of the UK top 100. Peter Gray, head of professionals in Yorkshire and North Derbyshire for Natwest, said that the report also showed that the tide was turning for law firms.

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Hudson criticised for saying that Leeds’ lawyers now trail Manchester’s

What results should my law firm be achieving in the current climate?

We maintain a database of financial key performance indicators for every firm we advise. We supply a bespoke individual report to all of our legal sector clients as part of our normal accounts service. Those individual discussions allow us to take more of a strategic stance with our legal clients. We have produced an annual benchmarking report for the legal sector which can be downloaded from our website.

The highlights from the report are set out below:• The average fee income per equity partner was £286,000 which is

33% higher than in 2012.• The average fee income per fee earner was £112,000 which is

15% higher than in 2012.• The average net profit per equity partner was £75,000 which

represents 26% of fee income. Law firms with 11+ partners performed above this benchmark with average net profit per partner of £131,000.

• Equity partner charge out rates have increased by a couple of percentage points for law firms with 1-10 partners. Law firms with 11+ partners show an uplift to equity partner charge out rates of 9%.

• The average number of chargeable hours per fee earner has

reduced from 1,015 per annum for 2012 to 997 per annum for 2013.

• The average time taken to bill work in progress has reduced from 99 days to 92 days. The average time taken to collect debts has increased from 69 days to 72 days.

In general, 2013 showed growth in fee income and profits. However, that is not necessarily being reflected in cash. Working capital continues to be a significant concern for many firms, especially those that are highly geared. Firms need to continue to monitor their work in progress days and debtor days and take proactive steps to reduce these where possible.

If you are interested in seeing how your firm compares with the benchmarks in this report or want to investigate variances with your own firm’s performance then please contact me.

Andy acts exclusively for law firms across the UK, particularly focusing on advising lawyers in response to the current changes in the legal marketplace.- To ask Andy a question that may be featured in this column, email [email protected] To contact Andy directly, call 0113 221 1300 or email [email protected]

Firm advice

Langleys has held a seminar in Leeds to address what steps lawyers should be taking to get to grips with new data protection legislation written by the European Union.

Taking place on 3 April at Hays Legal in Leeds and run by the firm’s commercial division, the event looked at the latest overhaul of data protection law by the EU since since 1995. The new law aims to give people more effective control of their personal data online, and make it easier for businesses to operate and innovate in the EU’s Single Market.

The reforms give citizens the ‘right to be forgotten’ and to be able to ask companies to delete their information from their computer systems. They also require businesses and organisations to gain explicit consent from citizens before processing their data,

Langleys’ regulatory expert Jeremy Scott, who led the seminar, said that lawyers should be working to understand the new regulations and their implications.

“The new legislation, when it comes, will affect every individual and business in one way or another,” said Scott, “so it’s vital that lawyers are ahead of the game in terms of understanding what the implications will be.”

Langleys seminar addresses landmark overhaul to data protection legislation

13NewsBusiness development


Ware & Kay has said farewell to partner David Liddell, who has retired after working for the firm for more than 30 years.

Liddell (pic, right) was a litigation and dispute resolution lawyer with expertise in personal injury. He qualified in 1980 and joined Ware & Kay as an assistant solicitor in 1983.

The firm held an evening celebration for Liddell at its offices in York, where he was joined by family, friends, and colleagues, as well as clients.

A well-known member of the Association of Personal Injury Lawyers and a former Assistant Deputy Coroner for York, Liddell said that he was

heading off into retirement “with a mixture of excitement, gratitude, disbelief and a touch of sadness”.

“I’m excited about having the opportunity to do a lot of the things which work commitments have not left enough time for, such as spending more time with my wife, Val and our family and friends and playing my guitar,” he said.

“The touch of sadness is at knowing that I will never again have the satisfaction of contributing towards a good resolution of a client’s dispute and in losing the day-to-day contact with clients and colleagues which makes being a litigation lawyer so worthwhile.”

Liddell retires from Ware & Kay

Andy Poole, the Legal Sector Director at Armstrong Watson, answers your strategic and financial questions every month

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14


DWF has advised pension and wealth management consultancy Mattioli Woods on the flotation of a new real estate investment trust (REIT) company onto the London Stock Exchange.

Custodian REIT, a newly incorporated company formed by Mattioli Woods, is believed to be the first UK REIT IPO to combine a fundraising with the acquisition of a seed portfolio of properties.

The transaction involved the purchase of an initial portfolio of 48 properties from syndicates managed by Custodian Capital, an investment manager arm of the Mattioli Woods group, as well as a placing an offer for subscription to raise £55 million. The funds raised are to be invested in a diverse portfolio of UK commercial properties over the next twelve months.

Leeds-based Guy Jackson lead the deal

for DWF and said it was a pleasure to have worked on the unique deal for Mattioli Woods, which has been a long-standing client for the firm.

“Our corporate and real estate funds team have done a great job advising on what was a complex and, at times, challenging transaction, involving not only a main market IPO but also the acquisition of a property portfolio from over 50 investment syndicate structures and some 1,100 investors,” said Jackson.

“Our significant experience of REITs meant we were well placed to advise Custodian REIT and Mattioli Woods.”

Ian Mattioli, chief executive of Mattioli Woods, thanked Guy and his team, saying that they had done a fantastic job and invested a huge amount of time and effort on the consultancy’s behalf.

DWF advises on first REIT flotation of its kind

Emsleys to tackle unregulated will writers

Emsleys has launched an online wills review service in a bid to fight back against unregulated will writers.

The firm says that its ReviewMyWill service can help anyone whose will may be out of date or unclear. It will also offer advice on inheritance tax issues and inheritance disputes.

The tool follows on from other successful ventures created by the firm, including www.reviewmyclaim.co.uk which allows clients the chance to see if their personal injury cases have been handled correctly.

Liz Stephen, partner and head of wills and probate at Emsleys said that writing a will was far too important to put in the hands of unqualified, unregulated and uninsured will-writers, where standards can often be poor.

“Many people don’t realise that unless they use a solicitor, they have no protection if things go wrong,” she said.

“The Ministry of Justice last year rejected calls from the Legal Services Board to regulate the will-writing industry, so people remain at risk of sub-standard wills produced by untrained writers.”

“Many people get a free will from their bank or go to a will-writer. When the person dies, the family often finds that a third party is in charge, accessible only via a call centre and exorbitant fees are charged to wind up their estate.”

Emsleys recently joined only a handful of firms in the UK to be awarded membership to the Law Society’s Wills and Inheritance Quality Scheme (WIQS), the mark of excellence for wills, probate and estate administration. The practice is the first law firm in West Yorkshire to be awarded the prestigious trust mark, which follows rigorous assessment by the Law Society.

Winston Solicitors has opened a new office in Leeds city centre, at 4 Park Place.

The firm has grown steadily since it was established in 2002 and has now found its 7,500 sq ft. main office at 112 Street Lane, Roundhay, to be almost full.

“This strategic move is important for the practice, as it gives our commercial and court-based teams a presence in the heart of the Leeds legal and commercial centre,” said managing partner Jonathan Winston.

Winston’s original plan for the firm was to develop a practice with a city centre level of expertise, located in an area close to the homes of many of its clients,while offering them the convenience of free on-site parking in an easy-to reach-location.

As the firm has expanded and diversified into commercial work, Winston said that it made perfect sense to open the city centre office, to cater for the needs of all its clients.

City centre expansion announced for Winstons

NewsBusiness development

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16


DLA Piper’s Yorkshire offices have raised £8,275 for UNICEF after participating in a UK-wide cycle challenge.

The money increased the total amount generated by the firm around the UK to £31,189. All the money raised has been matched by the firm and will be sent to UNICEF’s Child Justice Project in Bangladesh.

The cycle challenge involved 34 teams competing on exercise bikes in each of the firm’s seven UK offices. Each team had up to 10 cyclists which included future trainees of the firm, clients and DLA Piper staff. Pure Gym, a national supplier of the firm, donated the bikes for the event.

The challenge was to complete the furthest collective distance possible as a team on one shared bike between 10am-4pm, with a prize for the team that cycled the furthest and raised the most donations.

Sarah Day, managing partner of DLA Piper’s Leeds office, said that the event had been a great opportunity to bring together staff, clients and future trainee solicitors.

“I am delighted with how much money our teams have raised for this charity and very impressed with the distances the teams covered on the day,” she said.

“Congratulations to everyone who took part and thanks to all those who sponsored our teams.”

In April 2013, DLA Piper launched a three year partnership with UNICEF. During the partnership the firm will provide pro bono assistance through the UK Committee for UNICEF to the value of £3 million. It has also made a donation of £1 million to UNICEF’s global child justice programme.

Bell & Buxton has revealed that it has raised £9,000 to date for Will Aid 2013, after preparing over a 100 wills for the charity.

The firm’s contribution has put it in fifteenth place in the rankings for Will Aid fundraising in the UK. Last year was the ninth consecutive time that the firm has participated in the fundraising initiative, and means that it has raised £46,000 in total for the charity.

Charles Neal, a partner at Bell & Buxton, saiad that the firm saw Will Aid as part of its commitment to being socially responsible.

“We work very hard to make the campaign a success and are delighted to have done so well by raising over £46,000 to support vulnerable people and incredible projects all over the world,” he said.

Will Aid offers everyone the opportunity to make or update their Will in return for a donation to nine well-known UK charities: ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF (Scotland) and Trocaire (Northern Ireland).

Ruth Tormey from Christian Aid, visited Bell & Buxton to thank the team for their hard work and to present them with a Will Aid certificate.

“Not only do we receive a significant amount in donations, but the campaign also provides an opportunity for people to leave Christian Aid a legacy,” said Tormey.

“Legacies of all sizes are incredibly valuable to Christian Aid – last year our income from legacies could have more than paid for all our work in Latin America and the Caribbean – making a lasting difference to thousands of lives,” she added.

DLA Piper cycle challenge raises thousands for child justice

Where there’s a will there’s a way for Bell & Buxton

NewsSociety and Charity

David Smyllie, head of Lupton Fawcett Denison Till Solicitors business recovery and insolvency department, has become a trustee for the National Day Nurseries Association.

Smyllie, a widely recognised as a leading business recovery and insolvency lawyer, has been warmly welcomed to the association’s board by chair of trustees Sarah Carr OBE.

“I am delighted David is joining the board at NDNA. He brings a

wealth of experience which will be invaluable to NDNA’s vision and its members,” said Carr.

Smyllie said he was looking forward to his new role.“Having seen my own children benefit from good quality nursery

care, I believe very strongly that excellent early years education and nursery childcare are key ingredients to helping resolve many of the issues we see in today’s society,” he said.

Leading business solicitor joins the board of National Day Nurseries Association

17


Petherbridge Bassra Solicitors has sponsored the Marie Curie Daffodil Walk for the second year running.

The Daffodil Walk, now in its sixth year, took place on Sunday 23rd March, with walkers enjoying a stroll through the grounds of Bingley St Ives.

Speaking before the event, Anne Petherbridge, practice manager at Petherbridge Bassra Solicitors, said that it was a great honour for the firm to be able to help the Marie Curie local fundraising group, known as The Daffs, with the venture again.

“It’s an event that really brings the whole local community together to show active support for their local hospice, especially as so many families are sadly affected by cancer in some way,” she said.

“Even the snow didn’t chill the enthusiasm of last year’s walkers so this year we’re hoping the sun might make an appearance and that we’ll raise even more money for the Hospice.

“We want to support it through this and many other events.”The Daffs have so far raised over £130,000, with last year’s walk

raising £1,500. Dave Harvey, chair of The Daffs said that the charity was very grateful

to Petherbridge Bassra for agreeing to sponsor the walk for a second year and that it would help it provide local people with the best care possible.

As well as supporting Marie Curie Petherbridge Bassra is also sponsoring an event to raise money for Punjab Rescue, an organisation which enables firefighters from West Yorkshire Fire Service to go to Pakistan to help train and educate local firefighters.

Petherbridge Bassra gets walking for Marie Curie

17NewsSociety and Charity

Whether your in-house team needs assistance at busy

times, you’re looking to cut costs, or you just want to up

your game on delivering round-the-clock customer service,

Moneypenny can help. We’re experts in looking after calls

for law firms.

(left to right) Anne Petherbridge (Practice Manager), Martin and Zoe

Grogan of Petherbridge Bassra with their little boy William-Joseph,

Munisa Malik & Louise Colledge (Employment Law Team) with Dave

Harvey & Jean Peart of The Daffs plus a couple of four-legged friends.

Two and a half years on since the introduction of Outcomes Focused Regulation we look at some of the very basic steps which you should have taken. You have discretion about the method of making some information available to clients but other information should be in writing. In the interests of transparency, we would recommend that it is good practice to make the following information available on your website:

• SRA – state that you are ‘authorised and regulated by the Solicitors Regulation Authority’, specify your SRA number; company name, number and registered office. Include details of how to access the professional rules applicable to you

• Legal Ombudsman (LeO) – specify that the complaints procedure is available on request and provide a link

• VAT - indicate your VAT number• Compulsory Professional Indemnity

Insurance – state that you have PII and that details are available on request

• Financial Conduct Authority – change references from the FSA to FCA. State your practice’s regulatory status. If not FCA regulated, include status disclosure statement in Rule 3 of Financial Services (Conduct of Business) Rules

• National Crime Agency - change references to SOCA to the NCA

• Cookies – ensure your cookie policy is immediately visible

• Website – state: a physical address, a contact email address, an ‘applicable jurisdiction’ clause and a suitable disclaimer of responsibility

This is by no means a conclusive checklist, but a few pointers to quickly improve compliance. Getting these basics right should lower your risk profile in the event of an SRA desktop check.

For further advice contact Brian Greevy at LBS Legal on 0113 385 4483 or on [email protected]. If you would like our consultants to answer your regulatory questions in the next issue of Leeds & Yorkshire Lawyer then please email Brian.

Compliance Tips

18 NewsSocial & Charity


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Ridley & Hall Solicitors has become the 100th member organisation to join the Yorkshire and Humber Dementia Action Alliance.

The regional Alliance was launched in November 2012 and is part of a national movement which is trying to improve the lives of people living with dementia, by raising awareness of the support that sufferers require.

Ridley & Hall managing partner, Adam Fletcher, and solicitor, Helen Webster, have also supported the creation of a local dementia action alliance for Kirklees.

“The enthusiasm of our staff during the preparation of our action plan to join the regional Alliance resulted in us taking a major role in the formation of an Alliance here in Kirklees,” said Fletcher.

“Surprisingly, the Alliance does not include many members from the

professional services sector despite their regular interaction with those living with or supporting those with dementia.

“I would encourage all responsible organisations to consider how they can make not only the services they provide but also their general environment more dementia friendly.”

Simon Wallace, project manager for the regional Alliance, said that the firm was a great supporter of age-related causes and that it had introduced innovative services to support and advise older clients.

“Their commitment to become even more dementia friendly is simply the icing on the cake,” he said.

“What is more, they have been heavily involved in setting up Kirklees Dementia Action Alliance (KDAA) with Adam Fletcher taking on the role of Chair of this important community-focussed group.”

100 not out for Ridley & Hall and dementia alliance

Staff from four of Taylor&Emmet’s offices have shown their love for the Alzheimer’s Society by dressing up in red for a special Valentine’s themed dress down day.

The combined endeavours of employees at the firm’s Arundel Gate, Ecclesall Road, Dronfield and Bakewell branches brings the total raised to help people and carers living with dementia in the local area to £480 in just six weeks.

A raffle held at the firm’s annual dinner last month kicked off Taylor&Emmet’s fundraising in style, adding £350 to the kitty, thanks to prizes donated by local

businesses, including afternoon tea for two at Andrew’s Café Tea Rooms and a spa day with treatments at the Clumber Park Hotel near Worksop.

Claire Fletcher, Taylor&Emmet’s marketing coordinator, said: “I’d like to thank everyone who threw themselves so enthusiastically into our Valentine’s dress down day and spread a little love for our annual charity.

We have made an excellent start to this year’s fundraising and we aim to keep the momentum going, through a series of entertaining and energetic challenges.”

Taylor&Emmet spread a little love

By the time this article goes to print, the Solicitors Regulation Authority (SRA) consultation regarding the financial strength rating for Participating Professional Indemnity Insurers will have closed.

This consultation was brought about due to some notable collapses of unrated insurers causing problems for solicitors and the regulator. In their consultation paper the SRA stated that “...in the past 5 years, there have been two regulatory interventions and two insolvencies amongst Participating Insurers. All related to unrated insurers.”

One likely option for the SRA is to impose a minimum B rating on insurers which they may feel is high enough to ensure financial strength yet low enough to enable new entrants into the marketplace. Currently there are three unrated insurers that this would affect; two of these are looking to attain a B rating or above; the other has stated it will not.

We will know shortly what the situation will be, but it is prudent for anyone insured with an unrated insurer to be prepared. Although two of these are looking for a rating there are no guarantees that they will achieve such status by the deadline required.

It has always been our advice to commence preparations as early as possible. This certainly applies to anyone insured with an unrated insurer but applies equally for those insured with a rated insurer. All firms in the 1-10 partners sector need to be prepared as there may be another influx of new enquiries to rated insurers this year that may slow the process down.

In our experience, we believe that although most of the firms we have worked with in Leeds and Yorkshire present themselves in a professional and timely fashion, there are always ways to improve your chances of success and be properly prepared for whatever the SRA finally decide is the best course of action.

Jake Fox is head of professional indemnity Leeds Office, FINEX Global, Willis.

The heat is on

19NewsSocial & Charity


A group of ten adventure hungry charity fund raisers, including staff from Ramsdens, have raised money for the Forget Me Not Children’s Hospice by taking part in obstacle course The Major Series.

Naming themselves The Motley Crew, the group ran 6km over hills, through ice cold rivers and plenty of mud, raising over £350 for the hospice.

Sinead Sopala, director of marketing at Ramsdens Solicitors and the leader of the team, said that the Motley Crew had a great time taking part and really enjoyed

helping support the charity. “We knew the event was going to

be challenging and muddy and it didn’t disappoint,” she said.

As well as Sopala and her colleague Racheal Sykes, the Motley Crew was made up of: Jason Taylor from Kirklees College; Jason Costello from the Forget Me Not Children’s Hospice; Ian Parsons from Parsons Accounting; Juven Nelson from NatWest; Tracy Smith and Jo Palmer from the Mid Yorkshire Chamber of Commerce; and Jamie Watson from Fusion It Management.

Ramsdens’ Motley Crew runs for children’s hospice

Teams from Gordons’ Bradford and Leeds offices have raised almost £20,000 for children’s charity PhysCap in the last year.

The Leeds-based charity helps purchase specialised and therapeutic equipment for children across Yorkshire who suffer from severe physical and mental disabilities. Families are referred to the charity by therapists, hospitals and specialist schools, often as a last resort when efforts to obtain funding elsewhere have been rebuffed. It also has a number of high profile patrons, including Sir Michael Parkinson and Coronation Street actor Jack Shepherd.

Staff from Gordons have attracted donations through a variety of fundraising events, including a football tournament; a 40-mile Lyke Lake Walk which crosses the North Yorkshire Moors; and a summer fete.

John Holden, a senior partner at Gordons, said his firm was delighted to have raised such a large sum.

“PhysCap is run entirely by volunteers, which is refreshing,” he said. “The fact

that it helps children with physical and mental disabilities – and is based in Yorkshire – means the money’s uses are highly visible, which is very satisfying for us.”

A substantial amount of the funding from Gordons has been used to buy items benefiting the 175 pupils at Dewsbury’s Ravenshall School with complex needs. Most of the children at the school have moderate learning difficulties, combined with other special educational needs, such as behavioural difficulties or autistic spectrum disorders.

The charity has also used some of the money to fund a motorised wheel chair for a girl in Ilkley.

“We depend on the generosity of businesses and individuals to ensure we can continue to assist children who need our help,” said PhysCap chairman Daniel Gray.

“We therefore can’t thank Gordons’ staff enough for the efforts they’ve put in to making such a difference to the lives of many children across the region.”

Gordons raises nearly £20,000 in a year for children’s disability charity PhysCap

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20


Connect the dots with ProclaimEclipse Legal Systems, the legal sector’s largest independent software solutions provider, has announced the release of an email marketing solution utilising dotMailer.

dotMailer is one of the UK’s leading email marketing and automation tools, providing a browser-based interface that enables law firms to create and distribute HTML content. Eclipse’s new dotMailer connector enables users of the firm’s Proclaim Case and Practice Management solutions to broadcast rich content to their clients and prospects.

Using the connector, contact data held within the Proclaim solution can be shared with the dotMailer system, enabling the creation of personalised target lists. This data can be utilised to create intelligent content within, for example, a dotMailer created newsletter template, and the results of marketing campaigns can be shared back in to the Proclaim client / prospect management system.

The new connector utilises Web Services communications to share data in real-time between Proclaim and dotMailer.

Eclipse’s Marketing Director, Darren Gower, said that the latest development opens up another layer of CRM functionality for Proclaim users.

“By sharing data seamlessly between the systems, we are unifying a law firm’s communications efforts within one integrated desktop solution,” he said.

“A huge amount of relevant, valuable client and prospect data is held within Proclaim - so it makes sense to utilise this for marketing purposes rather than having to rely on a separate system and data store to maintain marketing communications.”

The Sheffield and District junior lawyers division has selected a new committee, following an election event held in Sheffield’s city centre.

The event, which took place on 13 March, was sponsored by legal recruitment firm BCL Legal and hosted by Vodka Revolution. It saw candidates deliver a short speech outlining what they hoped to bring to the committee and explaining why they should be elected. Each candidate who was up for election had to have qualified within the last five years or be working in the legal profession.

Stacey Hanson, a paralegal with Irwin

Mitchell, was elected as President, while Amy Barrow, her colleague and a trainee solicitor, was chosen as the new Secretary for the division.

Henry Hill, a trainee Solicitor at HLW Keeble Hawson, was picked to be Treasurer.

The aim of the committee, which is elected annually, is to offer members events, seminars and workshops that are aimed at developing skills, and to provide support and a place for like-minded individuals to come together and share experiences.

Rozie Rhodes, senior associate at BCL Legal, said: “We are big supporters of the Sheffield and District Junior Lawyers Division. Ciaran Dearden, the outgoing president and his team, did an amazing job during their tenure and I’m sure Stacey Hanson and her new colleagues will build on that success to make the organisation even more relevant and dynamic than it already is.”

New committee is elected for Sheffield and District junior lawyers division

Raworths solicitor, Sarah Minors has become the youngest ever President of the Harrogate and District Law Society.

Taking over from Andrew Meehan, Minors, 34, has served on the Harrogate Law Society Committee for the last seven years and becomes the third solicitor from Raworths to hold the office in the last four years.

Minors, who qualified in 2003, specialises in divorce, financial applications and children cases including emergency applications and inter-jurisdiction matters. She joined the family unit at Raworths in 2005 and achieved accreditation from the Law Society’s Family Law Scheme in 2011.

Minors is also a member of family law group Resolution.

“I hope to be able to raise the profile of the Harrogate and District Law Society and, most importantly, to demonstrate its relevance to the community today,” she said.

“With attitudes to the legal system in this country evolving and such a proliferation of alternatives to the conventional route of consulting a solicitor,

my aim is to show the importance of the solicitor’s role in society.

“Harrogate has its own issues which are specific to our area and we hope to be able to raise these at regional and national level.”

Current Raworths solicitors Deborah Boylan, William Kinread and Christopher Butterworth are also previous presidents of the Harrogate Law Society.

Minors becomes youngest ever President of Harrogate Law Society

NewsCommunity

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22


Yasmin Cross, a probate specialist with Wilkinson Woodward who switched from a teaching career for one in the law, has retired.

Cross began her career in teaching, but at the age of 36 and fuelled by a life-long interest in law, took the decision to leave her senior role at a local secondary school and devoted the next four years to retraining as a solicitor.

After qualifying in 1996, she joined Brighouse solicitors Bearders and become a partner at the firm’s Halifax office in 2000. Bearders merged with Wilkinson Woodward last year.

Cross developed a reputation for her expertise in probate, wills, estates and matrimonial work over her career.

“I’ve always been fascinated by law and consider myself very fortunate to have worked with two of Halifax’s most established and respected legal practices”, said Cross.

Maureen Cawthorn, director of Wilkinson Woodward said that Cross had devoted many years to serving the community of Halifax.

“Her ability to combine legal expertise with a personal and empathetic approach has been greatly valued by her clients. We wish Yasmin a long and happy retirement,” she said.

South Yorkshire firm Taylor&Emmet has helped a group of Nottinghamshire locals win a high court battle to stop a crematorium being constructed in an area of outstanding natural beauty.

Paul Clarke, a litigation expert with the firm (pictured), is part of the legal team trying to prevent private developers Westerleigh Group from

building in the Lambley Dumbles in North Nottinghamshire. Residents sought legal help after Gelding Borough Council

refused to review its planning decision which led to a court hearing in Birmingham where Mr Justice Green ruled that the planners were instructed to reassess the application.

“This is a victory for the public and the protection of places we regard as special,” said Clarke.

“Residents understandably did not want to have this development built next door to them, in what is a particularly beautiful spot, so we agreed to help on a no win, no fee basis.

“Planning decisions are becoming harder to challenge, but this shows that with determination and expert advice, it is still possible to achieve the right result.”

NewsCommunity

Wilkinson Woodward bids farewell to probate specialist

Taylor&Emmet helps residents fight fire with fire

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Brand new judging panel for rebranded Yorkshire Legal Awards

The Property Litigation Association (PLA) has elected a new Northern region chairman, Damian Hyndman, a partner in the real estate litigation team at Eversheds LLP.

The PLA is a members’ organisation for professionals specialising in all aspects of commercial, residential and agricultural property litigation who come from a variety of firms in terms of size and location.

Hyndman said that the PLA had much to offer and that he wanted the region to do more under his stewardship.

“I am keen for our talented junior members to have more of a voice and I want to raise the PLA’s profile and increase engagement with local practitioners and firms – not least to deliver the training and events people want to see,” he said.

“Attending training and social events organised in the region gives our members an inexpensive opportunity to gain CPD training, network and share best practice with other solicitors in varying stages of their career and from a variety of backgrounds.

“We have an impressive line up of barristers involved in delivering our training which also provides a platform for members to build stronger relationships with a variety of chambers and barristers.”

Hyndman has also urged solicitors, legal executive and barristers to come forward and join the organisation which has a membership that includes sole practitioners through to global law firms.

Visit www.pla.org.uk/about/membership to find out more about joining.

23


NewsCommunity

Eversheds partner named chairman for regional property litigation group

Exceptional times PI practitioners are now faced with extended portals in low value litigation and with them fixed recoverable costs (FRCs) for most matters which leave

the portals, writes Lee Coulthard.However, unlike portal fees which

operate absolutely, FRCs have an escape provision. CPR 45.29J (1) permits the court to allow more than FRCs “If it considers that there are exceptional circumstances making it appropriate to do so”.

What is an exceptional circumstance? CPR is silent. However, the relevant wording is identical to CPR 45.13 relating to FRCs in unissued low value RTA claims.

There is no binding authority on the meaning of ‘exceptional’ in the context of CPR45.13. However, there are first instance indications. In Udogaranya v Nwagw [2010]

EWHC 90186 (Costs), it was noted that the dictionary definition of ‘exceptional’ means ‘unusual’ and exceptional circumstances were found where the defendant’s poor conduct had caused the claimant significantly more work.

Other circumstances in which exceptional circumstances have been found include:1. The RTA exacerbated pre-existing

multiple sclerosis.2. An adolescent suffered from anorexia

nine months after the RTA, and medical opinion raised the possibility that the disorder was due to the accident.

3. The RTA may have accelerated a Claimant’s dementia, but the issue was not pursued because of the stress of proceedings.

Circumstances in which no exceptional circumstances have been found include:1. An elderly Claimant and a Defendant

denying liability until making a Part 36 offer shortly before issue.

2. A Defendant denying causation on the basis that the matter was a low velocity impact.

3. A Claimant who was significantly disabled as a result of an unrelated chromosomal disorder.

If persuaded that exceptional circumstances exist, the court will assess the costs. However, the applicant should beware: if the assessed costs are less than 20% greater than the fixed costs, then the Court will only allow the lower of assessed costs and fixed recoverable costs and may order that the applicant pay the costs of the assessment.

Each case will turn on its facts, but practitioners should be aware of this resource which can maximise costs income.

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B arker Brooks Communications, the publisher of Leeds & Yorkshire Lawyer, has announced a brand new judging panel for the Yorkshire Legal Awards, which will be held this year on 16 October in Leeds.

Formerly known as the Yorkshire Lawyer Awards, this year’s entries will be judged by a group of legal experts chaired by Alistair MacDonald QC, the winner of Barrister of the Year at last year’s ceremony.

MacDonald was the leader of the North-Eastern Circuit from 2011 to 2013 and is now vice chairman of the Bar Council. He will be joined by fellow judges Steven Dawson (President of the Sheffield Law Society); Professor Surya Subedi (from the

School of Law at the University of Leeds); Satpal Roth (from Kher Solicitors and last year’s Rising Star award winner); Peter Wright (President of the Yorkshire Union of Law Societies); Philip Jordan (President of the Leeds Law Society); Chris Fry (managing partner at Unity Law); and Matthew Martin (Chair of the Leeds Junior Lawyer Division).

Jeremy Shulman and Peter McCormick OBE, who have been joint Presidents of the awards in the past, will not be part of the judging panel but will once again select a winner for the Presidents’ Award for 2014.

Look out for an interview with the Presidents in the next issue of Leeds & Yorkshire Lawyer.

AmTrust Law will once again be the headline sponsor for the event, which is also being supported by CallCredit Information Group, BPP Law School, STL Group, Baker Tilly, New Park Court Chambers, PSG, mma digital, Willis Group, Wesleyan Group, LBS Legal and Kings Chambers. The event’s charity sponsor will once again be Yorkshire Cancer Research.

Submissions are now open. To find out more please visit www.yorkshirelegalawar ds.co.uk or contact Paul Bunce on 01423 851150 or at [email protected] . For sponsorship enquiries, please contact Rosie Beattie on 01423 851150 or at [email protected].

24


Robert Banner, the executive director of Banner Jones Solicitors, has been elected as chairman of the National Executive Committee of the Law Society’s Law Management Section.

The Law Management Section’s committee includes solicitors and other experts who help provide advice and support to over a thousand members in England and Wales. The service stays in touch with firms through news letters and magazines, seminars, podcasts, webinars, road shows, forums and an annual conference.

Banner has been a member of the Law Management Section for several years and on the committee since 2010. He will be chair for the next two years.

“These are very challenging times for the legal industry and my new position will allow me to have an increased input into the committee’s ability to help law firms to adapt and move forward in what are very difficult times,” he said.

Banner to chair Law Society management service

Simpson Millar legal secretary goes on Mexican adventure

Elizabeth Cohen, a legal secretary at Simpson Millar, has travelled to Mexico to undertake voluntary work aimed at improving the lives of disabled people and abandoned animals in the region.

Cohen has been granted a sabbatical by the firm for 12 weeks, during which time she will work on a variety of projects organised by International Volunteer HQ, a charity based in New Zealand.

Based in Merida, near the Gulf of Mexico, for most of her stay, Cohen has been involved in a special needs programme run in a hospice by nuns. She has been helping to oversee activities, maintain classrooms and prepare meals for children, adolescents and adults with physical and mental disabilities.

Working from Monday to Friday, she has also taught English to adults and high school students in her free time, while exploring the region with new friends during the weekends.

The visit has been emotionally and physically tough for her (she has been on crutches for weeks after severely spraining her ankle) but she says that Simpson Millar has given her a once-in-a-lifetime opportunity.

“I wanted to gain more confidence, an insight of another culture, both in a working environment and socially, improve my ability to use my initiative, and gain independence,” said Cohen. “In addition, volunteering has been a real eye-opener that has put my own life in perspective and made me realise how lucky I am. It has been truly life-changing.”

“I knew I wanted to go but didn’t want to lose my job. It was a huge relief when I was given the blessing of Simpson Millar to follow my dream.”

Following her work at the hospice, Cohen will volunteer on an animal care programme in the country where she will working with a group that provides free or low-cost neutering clinics, and safe havens for abused or abandoned domestic animals.

As well as hands-on care, including cleaning out pens and dog training, she will also have the opportunity to get involved in local fundraising which pays for the shelter and for public education programmes aimed at changing local attitudes.

“The plight of animals is often overshadowed by the needs of people, but they suffer and need our compassion too. There is a major problem with dogs and cats being abandoned on the streets and sadly many are put down because of lack of resources to take care of them,” she said.

“A lot of people have fun travelling but volunteering is more special, and you can even incorporate it into your travel plans. There are volunteers here doing just that. I’d say to anyone that if you get the opportunity, go for it. It has been the most exciting and challenging experience of my life and the best decision I’ve ever made.”

Cohen has been receiving messages of support from colleagues at Simpson Millar who contributed towards the cost of her trip.

Her manager, family solicitor Emma Hopkins-Jones, said that Cohen would be gaining invaluable life experience, that would hold her in good stead both personally and professionally.

“She is part of a global team, gaining confidence and skills that will ultimately improve and professional skills. Crucially, she is giving something back for the benefit of the wider community and her determination to go has been a real inspiration to many of her colleagues,” said Hopkins-Jones.

Cohen has set up a web link at www.gofundme.com/48vcuo and all money donated will be given to the special needs hospice she has been working at.

NewsCommunity

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NewsAppointments 25


Irwin Mitchell Irwin Mitchell has boosted its Sheffield office with the appointment of associate James Foster. Foster, who moves from Pinsent

Masons in Leeds, specialises in advising public and large private companies on a range of corporate matters, including acquisitions and disposals, private equity investments, joint ventures, reorganisations, fundraising and general company law issues.

Eccles Heddon Matthew Brown has become a partner at Eccles Heddon. Brown joined the firm, which has offices in

Thirsk, Ripon and Bedale in 2010 as an associate. Based in Thirsk, he specialises in agricultural land and property and is equally able to advise and assist on private and commercial matters. He studied agriculture at Newcastle University before qualifying as a solicitor in 2009.

Atherton GodfreyPhil Boyle has become a solicitor specialising in

clinical negligence and employment law for Atherton Godfrey. The Durham University graduate began his training contract with the firm in 2012. Boyle, who is also president of Doncaster Junior Lawyers, brings the number of solicitors at the firm to 32. The firm’s partner and training principal, Diane Parker, said that Boyle’s success was well deserved.

Emsleys

Emsleys Solicitors has appointed Angela Macready as its head of commercial property. Macready, who joins from

Ison Harrison Solicitors, is a specialist in commercial property. She has a strong reputation within the social housing sector, having worked as an in-house solicitor for a national housing provider for a number of years. She currently sits on the board of Harrogate Families Housing Association.

Beaumont LegalBeaumont Legal has moved into personal injury and medical negligence by hiring Nicola

Roberts. Roberts, who becomes the firm’s 120th member of staff, has more than 17 years’ experience specialising in litigation. Roy Cusworth, the firm’s senior partner, said that the appointment was further evidence of the firm’s plan to develop itself into one of the country’s “top providers of modern legal services”.

Langleys

Langleys Solicitors has made three key appointments to its York office. Tamsin Cooper (pic, centre) takes up a new role as director of risk and compliance; Ian Torkington joins as a senior finance executive and specialises in financial planning and strategy; and Wendy Forrester is working as a consultant at Langleys focussing on learning and development. Cooper and Torkington both join from Drydensfairfax.

Capsticks

The former national head of health employment at DAC Beachcroft, Rachael Heenan, has joined Capsticks.

Heenan will now work alongside former DAC Beachcroft colleagues Robert McGough, Ian Cooper, Ron Simms and Claire Reynolds. Capsticks managing director, Alison Morley, said that Heenan’s reputation in the local and national market place was excellent and that she was a leader in her field.

Schofield Sweeney

Rebecca Beaumont has became the newest member of Schofield Sweeney’s commercial dispute resolution team.

An experienced litigator, Beaumont has joined from LCF Law and will be based in the firm’s Bradford office. She has extensive experience of commercial and property litigation and a particular interest in contested probate actions. Head of litigation James Staton said that Beaumont’s recruitment underlined Schofield Sweeney’s continuing commitment to providing high quality litigation advice to its clients.

Wilkinson Woodward

Wilkinson Woodward has welcomed conveyancing solicitor Melanie Leadbitter to its

Halifax-based team. Leadbitter has previously worked for Clarksons (latterly Ramsdens) and has experience in all aspects of residential conveyancing including sales, purchases, re-mortgages, transfer of equity and declarations of trust. Managing director Maureen Cawthorn said that Leadbitter’s focus on high levels of personal service matched the firm’s own ethos and that her appointment signalled the firm’s intention to continue expanding.

26


Sam Cherry outlines how technology can liberate the way you work

The winds of change are finally upon us and as we head into Spring 2014 as the long awaited housing market recovery appears to have gone from a few green shoots to bursting into bloom.

According to the latest Land Registry figures the market saw a rise of over 65% in registrations in January this year compared to the January 2013 and a rise of 40% in registrations when comparing December 2013 and January 2014. Quite a rapid turn around for a market that has been struggling for so long.

But with this sudden increase of transactional activity there are pitfalls as well as benefits. Client expectations for customer service remain very high and so bolstering staffing capacity to cope with the up-turn in cases is one key area that must be addressed. Another is the streamlining of processes to ensure that conveyancers are equipped to maximise the time they have available for each transaction.

In approximately 80% of cases, conveyancers are reportedly spending 8-10 hours per transaction where they are acting for the purchaser and more like 15-20 hours when additional enquiries are required, or issues are raised with the title. Finding simple ways to minimise the impact of those 20% of cases (particularly as the demands on time management increase from the revitalised property market) will stand any conveyancer in

good stead for the year ahead.The use of title insurance has grown

dramatically over the last ten years not only to solve title related issues but in some cases to act as a “transactional warranty” in protecting a lender’s interest.

The use of online platforms to purchase property searches has long been the norm but when it comes to title insurance, many conveyancers still use hard copy, self-issue policies. Although accessing title insurance through online platforms is no longer a new approach, the reality is that conveyancers and their conveyancing processes need to adapt to using online propositions, as their clients want faster, cheaper results.

As the market continues to consolidate with mergers and acquisitions and the profitability screw continues to turn and competition increases, firms should look to embrace technology to their advantage and centralise systems and suppliers wherever possible.

PSG’s online ordering platform PSG Connect is fully integrated with the ConveySure® range of insurance products from CLS providing instant cover and fast access to over 35 residential and commercial “Known Risk” policies. Bespoke policies and quotes can also be requested via PSG Connect.

Sam Cherry, is a Director at Conveyancing Liability Solutions

Changes on the horizon

NewsLegal

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The beginning of 2014 has seen members of the Leeds JLD place their bets at a Race night, sponsored by Florit Brooke, and FELT/In-house members were given the opportunity to try their hands at cocktail making at Chaophraya, Leeds, sponsored by Search Legal Recruitment.

We’ve also hosted a tapas night sponsored by BCL Legal at Azucar, Brewery Wharf and organised a seminar on the mortgage market, hosted by Wesleyan at La Tasca on Greek Street in Leeds.

For the sport lovers out there the Leeds JLD and a few of its more daring members visited the indoor climbing wall at Leeds Wall in February, while we recently enjoyed an indoor golf evening, sponsored by SaccoMann at the Indoor Golf Café Bar at 1 Little Neville Street.

If you are interested in this, or any other sporting event then please email [email protected] or visit www.leedsjld.com for further information.

Upcoming EventsThe Leeds JLD has many exciting events on offer over the next few months. As ever, please visit the website for further details, or add yourself to the mailing list to ensure you always receive the latest information.

In April we’re looking forward to a curry night at the famous Aagrahs in Leeds. Held on the 17th and sponsored by Michael Page, it should prove to be a great evening.

If you would like to become a member of the Leeds JLD please visit the website or email [email protected] for further information on how to join.

You can also check out the Facebook page: www.facebook.com/leedsjld and follow the Leeds JLD on Twitter @LeedsJLD.

Busy start to 2014

Leeds Junior Lawyers Division (LJLD) arrange educational, social, charitable and networking events for junior lawyers in the Leeds area. Each month the committee bring you the latest news in this column

CommentPatrick Walker 27


When I told a colleague I was going on safari in Botswana his immediate concern was whether I was bounty hunting. He expressed some relief

that the only shooting I would be doing would be with a camera, meaning that deaths would be limited to unavoidable roadkill.

As we drove up the main highway through Chobe National Park I realised that the most likely roadkill would be human. We had come to an abrupt halt to allow twenty or so elephants to cross the road and although some were only days old, even they could have consigned our 4x4 and its contents to an elephant’s graveyard.

The elephants were a wonderful sight and we saw then grazing, drinking, enjoying mud baths and playing. But we also saw them turning the drought stricken land into a post-apocalyptic waste land with the destruction of thousands of trees, many of which cannot recover when the rains come. With an estimated 70,000 elephants in that area most in Botswana agree that there are too many. But there is no agreement on the solution.

Poaching has been vastly reduced by a shoot to kill policy for those found in the Park at night and the Government has recently banned hunting on the basis that most of the revenue from it goes oversees. Or at least that is the official line: the truth may be that it causes consternation amongst many of the visitors committed to preservation.

But there is agreement that regular culling should take place (presumably conveniently outside of the tourist season) and the remaining issues are how many and of what age. Kill the old and the young unsurprisingly become disorientated and aggressive: remove the young and natural succession is endangered. Increasing lion numbers will remove some of the weaker elephants but not before having a far greater impact on buffalo and domestic cow herds. The Park is not fenced and the animals, rightly, are no respecters of boundaries.

I have no answers, but two things seem to me obvious. The first is that you can’t have it all ways.

Without culling, forests and farmsteads will be ruined. The second is that there should be greater openness and co-operation between hunters and conservationists. I have no desire to shoot elephants but recognise that if I want to see them in a balanced habitat, numbers must be limited. Combining an official cull with sporting permits would seem an obvious way forward.

I suspect that most of those who stayed at the same safari lodge would disagree and prefer to let nature take its course; by which I take to mean they hope that an epidemic hits the herds before every tree lies broken barked and bare.

If all of this sounds a little serious you can be sure that there is plenty of humour to be found on safari too. The guide’s explanation that holes in the windscreen resulted from a near miss when mistaken for a poacher doesn’t quite reflect the reality (admitted after a few sundowners) that the holes have developed from stone-chips sustained in Epping before the vehicle was exported. And a holiday mix of Brits is almost certain to pronounce the north south divide.

At lunch one Home Counties lady announced that she had found a marvellous little shop to buy her pet pooch a roast chicken reward on her return home. The thought of using Morrisons for produce suitable for human consumption had not entered her head!

Africa is amazing. Its wildlife (especially birds), trees, sunset and most of all, its people, lift the spirit and bring a smile.

But I know I shall be happy to return to Yorkshire. A clear frosty night, the sound of owls and the last few garden apples baked in a crumble with lashings of custard.

Sometimes you just have to see the best of the rest to know where you really want to be.

Patrick Walker is head of Property @ction, Squire Sanders’ specialist advisory and advocacy service. He is also an independent mediator: www.imediate.co.uk

In and out of Africa Patrick Walker reports from Africa where he considers the ethics of culling elephants and preserving forests and farmsteads, while being entranced by the continent

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29


FeatureMergers and acquisitions

Mergers and good manners

T erms like honesty, discretion and confidentiality are loaded with meaning, but they can ensure trusting business relationships and the foundation of a good market reputation.

As managing partner of a law firm, the past twelve months or so have reminded me of their essential value, particularly for a business which is actively seeking merger and acquisition solutions to help maintain growth and cement our long-term future.

During the recent past, my firm has been subject to a degree of speculation about its future. We are regularly in discussions with potential partners including individuals, teams and whole businesses large and small.

As can often be the case in any form of transaction, these talks may lead both parties down a variety of different paths and in many situations the deal doesn’t happen.

During these talks we endeavour to maintain absolute confidentiality and demand the same from our potential partners and advisors, both during and after discussions are completed, particularly if an agreement cannot be reached.

Our experiences in this process have led me to consider the behaviour of our firm as we navigate these complex waters. I’m pleased to say that we have remained on good terms with every one of the firms and practitioners with whom we’ve had discussions and while this hasn’t been a strategic objective, it has become an essential conduct tool as we seek out merger or acquisition opportunities.

Understanding aspirationsGiven the fact it’s better for discussions to remain under wraps it is worth defining some of the typical scenarios.

After the signing of a non-disclosure agreement, initial discussions are best had over the interview table.

Our focus is therefore on the aspirations of the potential partner to identify whether they fit with ours. Our own goals should already be clear to the other side; we would like to acquire individuals, teams and businesses which complement our own offering. But for the organisation potentially being acquired the motivation can be complex and sensitive.

Succession issues may be of concern to owner-managers

who have built a business over many years and would like to see their practice and the careers of their employees secured beyond retirement.

Alternatively, a business may be struggling to maintain profitability amidst tightening margins – as is the case with a number of practices across the UK.

During the course of an early discussion we will find out from the business owner about those plans and whether we think as a partner we can extract value that suits both parties. Premises are a straightforward example of an area where cost can be controlled and value can be created by a deal.

Areas of tensionNaturally, the terms of any transaction can be a sensitive issue and it is on these potentially choppy topics that we have always trodden carefully. Money should never be left to the last minute. After all, circumstances rarely stay the same and maintaining a cordial but up-front approach to the financials of any deal means that if an offer fails to meet the selling parties’ aspirations, there is still a chance that minds could eventually meet down the line.

Above all, merging two companies or absorbing a team into a business calls for a frank assessment of two cultures becoming one.

Employees – and in particular the former partners in the acquired business if they have stayed on – have to want to get out of bed in the morning.

Too often has there been a transaction in which the cultural demands have demotivated one or another of the parties, destroying value and prompting a brain drain as talented individuals search for the exit door.

Ultimately, we want the people, teams and businesses we acquire to become advocates of the process they were involved with.

In 2012, Simpson Millar acquired MacAras, a family law niche practice based in Leeds whose owners now endorse every aspect of the tie up and act as advocates for Simpson Millar to potential partners on our behalf.

Equally, we’d like those whom for whatever reason a deal ends up not happening feeling equally positive because they will still tell others about their impressions of the firm.

These are not hostile takeovers after all.

Peter Watson on the importance of maintaing cordial relationships throughout a merger process

Peter Watson is the managing partner at Simpson Millar


30

Is online the future for verification?

R egulation, money laundering and fraud clearly provide a challenging backdrop for the industry and are key drivers for Knowing your

Customer (KYC) solutions to be in-line with a world that has become more technology focused. There are many challenges with traditional document-based ID verification, and with fake documentation so easily accessible on the internet and forgeries far more sophisticated, this makes verification much harder.

For law practices now dealing with individuals and documentation from a much more diverse population, and also with criminals and fraudsters becoming much more sophisticated, it may no

longer be considered sufficient to rely on a single process for verifying customer identities. In reality, no single method provides a water-tight guarantee and it is the correlation of evidence across a number of mechanisms that is emerging as the most effective control.

Law practices need to utilise broad-based KYC procedures which can cater for increased diversity and also utilises new technology, such as online identity verification (IDV) services.

Nowadays there are many comprehensive solutions that can be deployed to help legal practices mitigate compliance and fraud risk. Callcredit offer a wide array of online IDV services to fit many different IDV

requirements. These services range from basic identity and age verification through to AML-standard checks against CRA and government-issued databases.

Further verification of identity is also possible by utilising dynamic knowledge-based authentication (KBA) questions or verification of bank account and card details – providing the unique ability to independently triangulate the individual, address and identity evidence.

By embracing comprehensive KYC processes, law practices can have the peace of mind that their business is protected, and that they are at reduced risk of suffering any negative financial implications due to non-compliance and fraud.

As we move into a more technologically advanced world, Emma Jouhin of Callcredit Information Group looks at the importance of law practices embracing a more advanced approach to knowing your customer

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31


First of its kind

B ack in January this year, Nick Fluck, the President of the national Law Society, came to Huddersfield to officially open the Legal Advice Clinic, a free legal service launched by the town’s university.

The clinic, based off campus in Huddersfield’s Pack Horse Shopping Centre, is run by students from the university’s law school and offers help in most legal areas, aside from criminal prosecutions, asylum and immigration law.

From 10 a.m. to 4 p.m. every Monday to Friday, the clinic welcomes members of the public who cannot pay for a solicitor or secure legal aid, to drop in for an assessment of their case.

To date, the clinic has been inundated with enquiries from the public.

“We’ve been hugely busy,” says Phil Drake, a senior lecturer at the university who is both creator and director of the clinic.

“We opened in October and we were booked up within two weeks all the way until Christmas with appointments.”

The level of demand has stayed the same ever since, a testament to both the students’ efforts and Drake’s vision.

“We identified at an early stage that many of the people we’d be helping would not be comfortable walking onto a university campus as it’s quite foreign to them. So we wanted to be situated in the community rather than sitting in our ivory tower,” he says.

Sadly, the clinic’s success is also proof that legal aid cuts have cut off advice to large parts of the population.

“There’s just such a demand for help, particularly in family law,

The success of the Legal Advice Clinic, launched by the University of Huddersfield, could spark imitators

the length and breadth of the country

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32


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where legal aid has been completely withdrawn except for domestic violence, that we’re having to turn people away,” says Drake.

“People shouldn’t have to come to us for advice, but obviously the position is that there’s nowhere else for them to go.”

Building the clinicThe first of its kind in the UK (the other few clinics of this type are based on campus) its establishment has been made possible by a £50,000 grant from the Higher Education Academy and enthusiastic support from Huddersfield University.

“It’s been a couple of years in the works,” says Drake. “In 2012 we started talking about it and getting things together: speaking to people and asking if we could have some money towards it. The

university has been fantastically supportive and I suspect it’s been a lot easier than it may have been.

“With the increase in fees, you’ve got to be seen to be adding value as a university. And this certainly does.”

Once Drake was given the green light to proceed, he concentrated on the delicate task of selecting the right sort of students for the clinic. Working with psychology colleagues, he designed a competency assessment centre which would be used to test students who would volunteer for the clinic.

“We identified a number of competences which we would like our students to have, such as their attitudes and values which we felt were very important; their legal research ability; communication skills; and problem solving.”

Those who were successful were then shortlisted and put through a mock interview with non-law tutors, who have all been trained up to assess students and act as dummy clients.

In the end, for the first batch of intakes, the clinic selected 24 students, with a variety in age groups and ability. Getting the right mix was crucial, as more experienced students are needed in order to mentor their younger counterparts.

Drake says that this gives the students a new experience in itself, as they would not normally interact with other year groups during the course of their studies.

We identified a number of competences which we would

like our students to have, such as their attitudes and values which we felt were very important

33


FeatureTraining

Another way in which the clinic differs from others is its focus. Some student advice centres run by other law schools tend to be education focussed, but the Huddersfield clinic is aimed at delivering a service for clients.

“It’s not about the student anymore, it’s about serving the client and the local community. And we’re instilling the professionalism, legal ethics and values in the law into the students at the same time anyway,” he says.

Dialogue-type lawyering Although the clinic is geared towards serving the needs of the community, there is only so much work that the students can take on, hence the need for a robust filtering process.

The initial contact with clients is all carried out by students, following a meeting with their supervisor (from the law school’s staff) to discuss possible points of law that may come up in a discussion based on the information already gathered on a case. The interview acts as a fact-finding mission and no advice is passed on at that point. Clients are then told that they will be informed if their case can be taken forward within three working days.

Cases are assessed on a risk and needs basis by a selection panel consisting of two student advisers and a supervisor. Once a case is selected, then the students prepare a one-off piece of advice in the form of a letter.

“We explain their position to them, show them their options, where they may find more information about it, and what they’ll have to do,” explains Drake.

“It’s four or five pages usually, so a very detailed piece of advice which the client can then hopefully go off and use to deal with the matter in a better way.”

The psychology skills that the University has are then called upon again, to help students reflect on the cases they have dealt with. Each one is assigned a “reflective learning partner”, usually a psychology student, in order to help them review the case.

“There’s quite a rich discussion that goes on between the students,” says Drake. “Because we look at the whole process, what went well, and how the law is impacting on the client.

“We’re trying to get them to think far more holistically about

things, rather than just get your client in, process them and send them out again.”

He believes that the approach taken by the clinic prepares students for the future realities of work as a lawyer.

“With the way that legal aid has gone, traditional lawyering will have to change,” he says. “So clients will come in, pay a fixed fee, and expect to be told how they can take matters further, as opposed to the old hourly rate advice basis.

Drake calls this dialogical type lawyering, whereby a lawyer sets up a dialogue with their client and allows them to identify the options and facts they need to take into consideration when making further decisions.

Using the legal community If, for whatever reason a selection panel decides that the clinic can’t take a case on, then, says Drake, it will do everything it can “to try and find someone who can help them and signpost them there, rather than saying ‘sorry we can’t help you’”.

To that end, the university’s law school has built up strong links with some of Huddersfield’s law firms which students can use if they need a little help on a case, or if they feel they are pointing clients they can’t help in the right direction.

Spreading the wordThe town’s solicitors have been very supportive of the clinic, helping spread the message of it existence and giving it further credibility with their backing.

But word has reached further afield, to the point that the university has been asked to share some of its knowledge and experience with the project. It is providing a guide to the Higher Education Academy for other institutions who might want to provide a clinic along similar lines and in April, some students will be presenting a paper in April to the Association of Law Teachers’ conference on how to go about setting up a similar type of service.

“It’s going to be the students telling the academics how students learn,” says Drake. “Which is an unusual thing for students to do.”

Unusual, but impressive. Just like his clinic.

Phil Drake talking about the clinic

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35FeatureMarketing

Getting your message across Think you’re too small to be able to get your voice heard in the marketing game? Well think again, Natalie Rodgers tells Leeds & Yorkshire Lawyer

Small firms often feel that they are missing out on the best that modern marketing techniques have to offer due to size or budget constraints.

But that need not be the case, according to Natalie Rodgers, the managing director of marketing agency Scala. Leeds & Yorkshire Lawyer recently caught up with her to discuss how small firms should start looking at marketing as an opportunity rather than a luxury.

How important is a shop window for small firms?It sounds a bit clichéd, but size doesn’t matter. Whether you are a global player such as DLA Piper or a small boutique commercial law firm such as Leeds-based Metis Law, everyone has a shop front. Shop front these days means your on-line presence (web and social media) as well as your physical premises.

It’s safe to say that for the majority of law firms, an on-line presence is more important than the physical presence these days.

What are the best ways for a small firm to reach new clients?In short, it’s about getting the right combination of marketing activities that compliment your target client base. There isn’t a one size fits all solution. That’s why we offer a very bespoke and

personal marketing service to our clients. I believe that in many circumstances the small firms often have the edge over their larger competitors.

The recession and well documented challenges to the legal profession have resulted in a new dynamic breed of entrepreneurial law firm. Many of these firms are small and, crucially, niche. I’ve seen first-hand how agile they can be in the delivery of their service with a culture of embracing change. They are also happy to engage fully with the marketing process. This means that very often it is easy for smaller firms to market themselves successfully.

Should firms have a strap line that clients can relate to or that sticks in the memory?Absolutely – provided they are well thought out. Strap lines that emphasise expertise and core values can help firms to differentiate themselves. Firms should develop a few strap lines that can be communicated across social media channels, marketing material and the website. They are an incredibly powerful marketing tool which can so easily be dismissed as being cheesy.

One of my favourites (which I often cite) is Blacks Solicitors use of the hashtag: #BestStaffInLeeds on twitter. It communicates so many things: we care about our staff; if we’ve got the best staff in Leeds,

37


we’ve got the best lawyers and therefore we’re going to do a great job for you if you instruct us. I just wish I’d come up with it!

I like to spend time with my clients in order to really get to understand them in order to compile their key brand messages and strap lines. Having an outsider’s perspective on a firm can often prove invaluable; particularly as I know the market within which firms operate.

How can you make yourself stand out from the crowd?Lawyers are working in a rapidly changing market. The past year in particular has seen a major shake up caused by new compliance regulation and the Jackson Reforms.

Regular competitor analysis is therefore crucial. By continuously appraising the market, firms can identify more easily where they are positioned, which ultimately assists in the development of a firms marketing strategy.

A MORI poll commissioned by the Legal Services Board in 2011 revealed that out of 41% of the population who had a problem for which they would like advice, only 16% of them went to a lawyer for help. Why is that? Why does such a small percentage turn to lawyers for help?

The research suggests that the key driving factor is if a consumer perceives their issue to be legal or ‘justiciable’. The stats are fascinating. Whilst three-quarters of people characterised divorce and personal injury as a legal issue; about half characterised consumer issues as legal and only a third benefit problems. This suggests that lawyers need to change consumer perceptions as part of their marketing strategy.

Of course, firms also need to address other misconceptions about lawyers: that they’re expensive, time-consuming, prone to price escalation due to the open-ended nature of legal advice and antipathy towards the law and legal procedure.

Marketing isn’t just about PR or a decent logo – it involves understanding what makes your target client base tick and making that emotional connection.

It isn’t just one thing that allows lawyers to stand out from their competitors. It’s a whole range of marketing based activities which, when combined, leads to a winning formula.

Should you consider plugging into a collective marketing scheme such as Quality Solicitors? The problem with doing this is that you are plugging into someone

else’s brand; a brand that ultimately you have no control over. I’d be very concerned over this in the long term. I also genuinely believe that firms of any size could get the same results if it uses its Quality Solicitors subscription charges on a well-planned and executed marketing strategy.

I recently learnt of a firm that was spending £600,000 on an annual marketing (in the loosest sense of the word) budget which was generating a turnover of £2 million. I was flabbergasted. In my mind this does not represent a good return on investment. If spent in a traditional way, the ROI could be much higher. Many of today’s marketing techniques don’t cost anything apart from the time delivering them.

Is relying only on word of mouth marketing a dangerous strategy?Word-of-mouth or WOM marketing remains one of the most powerful tools in a marketer’s tool kit. At first glance, you may believe that this has little to do with marketing and more to do with delivery of service. Whilst positive WOM marketing is of course routed in exceptional service, marketing techniques should be harnessed to maximise the impact.

I encourage firms to identify their influential clients or referrers. Firms should give these people a reason to talk their brand or service. It’s important to make time for them and show them that they value their support.

How has marketing changed since you established Scala?It’s been exactly five years since I established Scala and things have changed hugely during that time. Five years ago, marketing was definitely seen as a bit of dark art and, dare I say it, a luxury. Firms no longer think like that.

In the 2014 Bellwether Report (published by Lexis Nexis) 38% of those surveyed saw marketing as ‘very important’ to their business. Interestingly, 75% saw attracting new business as a ‘very significant’ challenge. There is little doubt that marketing has shifted to be a priority of firms.

One area which has altered beyond recognition is the use of social media. To many firms it remains a mysterious medium. It’s fair to say that there a number of firms who have got to grips with Twitter (I’ll save blushes and not name names), however many firms aren’t taking advantage of this incredibly powerful – and free – marketing tool.

About half [of people]characterised consumer issues as

legal and only a third said benefit problems [were a legal issue]. Lawyers need to change perceptions”

FeatureMarketing

Natalie Rodgers’ top marketing tips:

1. Have a marketing plan which underpins your business plan.

2. Embrace technology - make the most of developments to reach out to your client base.

3. Network – there is no getting away from the power of face-to-face interaction. If you are enthusiastic about what you do, other can’t fail to be enthused.

38


FeatureAdministrative courts

The Administrative Court in Leeds opened its doors for the first time in April 2009 and was hailed as a boost to the region. But are lawyers making enough use of this valuable legal resource? Ian Skelt investigates

Leeds, along with Manchester, Birmingham and Cardiff, is home to one of only four regional Administrative Courts in the UK.

The opening of the courts was intended to provide the public and the legal profession with convenient local access to an expert tribunal to deal with administrative law claims. For too long, this area of work had been entirely London-focused, with limited numbers of judicial review claims emanating from the provinces. Where cases were brought, the entire team had to incur all the costs of traipsing to the Royal Courts of Justice to have their cases heard.

And far too often the instructions went to London firms. Either way this situation was not attractive to the clients.

Prior to the opening of the regional Court there was a perception that local lawyers did not recognise the opportunities provided by judicial review

– both as a means of achieving remedies for their clients and also as an avenue for practice development. This situation has undoubtedly improved as a result of the opening of the Administrative Court in Leeds.

However, there is a concern that the Court is not being fully utilised.

Investigating the Court’s useLast month, Mr Justice Stewart and Her Honour Judge Belcher led a meeting on the use of the Administrative Court. They have been tasked with encouraging local solicitors and barristers to use the centre to its full potential.

There is a sense, they found, that local lawyers are still not considering judicial review as an option for their clients. Readers may wish to consider how many judicial review claims they have advised upon in the last 12 months.

Further, the Judges noted that some

A local court for local people

Ian Skelt is a barrister at KBW Chambers

39


Feature Administrative courts

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FeatureAdministrative courts

lawyers who do bring claims are still automatically issuing proceedings out of London, rather than taking full advantage of the regional Court and local legal talent.

The Courts are emphasising the need to issue the appropriate regional Court – claims that are issued out of London but with a regional/local connection will be transferred back to the appropriate regional Court.

Why use a Judicial Review?For the uninitiated, what then is judicial review?

Judicial review is a procedure whereby the High Court reviews the lawfulness of the actions of public authorities. A person or organization that has been affected by a decision, action or inaction of a public authority may make an application and obtain a remedy if the High Court decides that the relevant authority has acted unlawfully.

Judicial review is concerned not with the merits or morality of any decision, but whether the public authority – whether that be a local authority, police force, school governing body or quango – has acted lawfully.

What is meant by unlawful in this context? Again, this is a broad concept. Examples include where a public authority has made a decision, acted or refused/failed to act:

• Without the legal power to do so• In breach of a legal obligation• So unreasonably that no reasonable decision-maker could have

come to the same decision or done the same thing • Without observing the rules of natural justice• In breach of European Community Law or the Human Rights Act

Some common example decisions that are susceptible to judicial review include challenges to: school admissions decisions; planning decisions; provision of healthcare; refusals to investigate complaints to the police; decisions on the treatment of prisoners; and decisions by regulators.

Finding a remedyWhat remedies are available? If, having reviewed the matter, the Court finds that the public authority has acted unlawfully, it, may:• Make a mandatory order, i.e. an order requiring the public body

to do something• Make a prohibiting order, i.e. an order preventing the public

body from doing something• Make a quashing order, i.e. an order quashing the public

body’s decision• Make a declaration, for example declare that a decision

was illegal• Award damages

These remedies can be tailored to the particular circumstances of a claim so as to give practical relief from the impact of the illegal act, but the cases are not primarily a route to obtain damages. The Court will be focused on addressing the effects of the illegality. That said, where financial loss has occurred the courts are prepared to give compensation.

It’s all in the timingTiming is very important. There is a three month deadline for making an application for judicial review. Time normally runs from the date of the act or omission that is being challenged. There is an obligation on the Applicant to act promptly, even within that three month time limit.

What is prompt can vary between circumstances. Even a case issued within three months may not have been issued promptly. It is always advisable to commence proceedings as soon as possible.

The Regional Administrative Court is staffed with trained and knowledgeable Administrative Law Judges.

For KBW Chambers, who have particular expertise in judicial reviews, the encouragement from the local judiciary is welcomed. It seems that whilst there was an initial fight to secure the opening of the Administrative Court five years ago, there has been a slower than expected uptake of local law firms looking to expand into this area of work.

As law firms jostle to find a strong market position, this relatively untapped area of the law may just give firms a competitive edge.

Increasing use of the Court will lead to greater knowledge, experience and expertise amongst the local legal profession. At a time when we all need to explore alternative avenues for our work, judicial review presents a genuinely viable option. The Court and its Judges are eagerly awaiting your clients’ claims.

Claims that are issued out of London with a regional

connection will be transferred back to the appropriate regional Court


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FeatureFamily law

Vicious circle

Criminal lawyers have stolen the limelight in recent weeks with their decision to strike over cuts to their legal aid budget, but they’re not the only group who will struggle to provide proper representation to clients

who cannot afford to pay legal fees. As Joanna Grandfield, a barrister with Mills & Reeve points

out, family law is also set to suffer due to the Government’s austerity programme.

The sector’s legal aid funding has already been slimmed down considerably recently, she says, and the next round of cuts could “break the camel’s back”.

“It’s only people working within the system or people unfortunate enough to have to use family law legal aid who realise how vital it is,” she says.

With aid only remaining for cases where domestic violence is involved or care proceedings for children, Grandfield argues that Ministers have decided to carry out cuts to an easy target which could have very serious consequences for the courts.

“There’s obviously a need in the current climate to cut costs across the whole board and legal aid is not a big vote loser is it?” she says.

“But just because the Government has decided to stop funding, that’s not going to stop people from separating and divorcing. If you’re unhappily married then you’re not going to turn around to your partner and say, ‘well I would have divorced you but now I’m not going to have access to a publicly funded solicitor so I’m not going to’ is a fallacy.

“People are still going to find themselves in these horrendous personal situations. And divorce and separation is a one of the most horrific times of most people’s lives, except that now they will have to deal with them with limited or no access to advice about what to do about it.”

Knock on effect Family lawyers, as Grandfield says, do a lot more than just turn up at court and represent a client.

The work they carry out behind the scenes can be invaluable, as they guide clients through costs and the impact of certain case points they believe should be pursued. Such advice helps parties to settle cases earlier by steering them in the direction of mediation, for example.

Without this support however, people are having to take on cases themselves as litigants-in-person, a growing trend which is having an adverse affect on the court system. Take the usual problems found with self representation in the courts and

Joanna Grandfield, a family lawyer at Mills & Reeve tells Leeds & Yorkshire Lawyer why the Government’s civil legal aid cuts may come back to haunt Ministers

People are still going to find themselves in horrendous

personal situations. Except that now they will have no access to advice ”

43


multiply it by 10 and you can get an idea of the future holds.“It’s already creaking under huge strain and with more

litigants-in-person the system becomes even slower, cases take longer and the costs to the public purse are greater,” says Grandfield.

But it’s not just the system that suffers. Litigants-in-person can sometimes find themselves having to cross-examine a former partner, or having to negotiate directly with their spouse or solicitor, leading on many occasions to increased acrimony.

“How is that then going to impact on two people co-parenting children in two separate households?” she asks.

“The reality is that it creates more barriers and hurdles to contact between the children and the non-resident parent and the likelihood is that those children are going to have a reduced quality of relationship with the parent.”

Turning for help elsewhere The situation for divorcees in the low income bracket becomes

worse when other cuts are taken into consideration, most notably to the Citizens Advice Bureau network.

Other options may become available, in terms of charities specifically dedicated to filling the gap created by legal aid cuts, but the help any voluntary efforts made by lawyers working pro bono will still be limited to a lucky few, says Grandfield.

“The level and quality of advice you get from good family lawyers is hard to replace,” she says.

“We meet client, build relationships and then impart honest advice and once a client has your trust then they can make their decisions with that.”

She admits that withdrawal of funding has angered many of her fellow practitioners, herself included.

“The Government has decided that it’s going to destroy funding for most family law cases without any acknowledgment that this is not going to stop people ending up in family law situations.

“People still need advice and they need support. But where are they going to get it?”

FeatureFamily law

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44


Firm profileMakin Dixon

Staff from Makin Dixon’s ten offices gathered together at the end of February at Hollins Hall Hotel in Baildon donning their party wear for the firm’s 10th anniversary celebrations.

The family law specialist practice hosted a murder mystery event followed by an Oscar-like ceremony which saw awards handed out to the longest serving member of staff, best dressed employee, and the like.

Following a challenging but successful 2013, it was a deserved celebration for the firm.

Makin Dixon launched three new offices last year, in Leeds, Wakefield and Rochdale, taking the firm’s reach beyond Yorkshire. It also won plaudits for its client service and dedication to family law. Official recognition for the firm’s work came when it picked up the title of Legal Aid Law Firm of the Year from the Legal Aid Practitioners Group and was crowned as the best niche law firm in the county at the Yorkshire Lawyer Awards.

The firm’s success, says Caroline Makin, managing partner and joint founder of the firm, is down to the effort put in by everyone, from the partners down to the newest member of staff.

“We’ve not taken our eyes off what we’re about as an organisation,” she says.

“We’ve got no aspirations to do the high net worth financial work. Our commitment is towards legal aid and particularly children at risk and domestic abuse situations and we’ve always focused on that and never gone too far away from it. And that’s kept us pretty well grounded.”

Having Makin Dixon’s feet firmly planted has been essential, given the battering that family legal aid has taken in the last few years. The firm relies heavily on legal aid to carry out its work, and although government support has remained in place for the areas it focuses on, it has still had to adjust to absorb incremental cuts over the last few years.

“We’re all getting hit hard by the cuts in fees,” says Makin, who had to stop short of inviting staff members’ partners to the anniversary party.

“And it’s the agencies that we’re working with too, who are struggling. We work with a lot of charitable organisations and they’re all going through hard times.

“It’s slowed down our plans too. We haven’t been able to

invest more in offices and we’ve had to look at tech to work more efficiently.”

But more importantly, says Makin, the cuts could not have come at a worse time for the public.

“It’s a really hard time for families, there’s pressure coming at them from all angles, with the recession and difficulties at work. That’s when you might start to see some more cracks in relationships and family units.”

“Thankfully, we’ve got some phenomenal links we’ve built up over the years with various organisations: they help us, and we help them, and in turn it helps the families that we deal with.”

ExpansionMakin founded her firm with former Lee & Priestley colleague Catherine Smith. Both were solicitors in Bradford with the firm until it decided that it was to shut its Bradford office, prompting some soul searching for the both of them.

Rather than move location to stay with a firm that was focusing more on corporate and commercial work, Makin and Smith decided to remain committed to family legal aid work. And the only feasible way of doing that at the time was to set up a new firm.

Since then, Smith, and another partner, Ian Dixon, have moved on, leaving Makin with her current fellow partner, Jane Campbell, who has risen through the ranks at the firm since joining in 2005.

Cuts to legal aid have stretched some family law practitioners to breaking point. Makin Dixon, a specialist in the area, has taken the hits and kept delivering a great service to its clients. So what’s the firm’s secret? Marek Handzel investigates

Standing firm

45


Firm profileMakin Dixon

Throughout that time, Makin has always kept one eye on expansion. And the firm’s foray into Lancashire last year is proof of her keen business eye.

“It [Rochdale] was one of those locations that was on the radar for us,” she says. “It’s quite close to our Todmorden office, so is good in that sense to travel to, and there’s a phenomenal need for what we do there. There aren’t many family law providers left in that area within a 10-mile radius.

“So it was a chance to do what we enjoy doing for a community that needed us.”

And Makin says that the firm has ambitions to keep growing. “We’d like to be working from more locations and to provide a

wider range of services, if possible. “If opportunities arise where there are geographical areas with

high population numbers that need the services we offer – and firms that used to provide help there say that it’s not for them anymore – then, if finances permit we’d love to expand further.”

Spreading the wordMakin has been quick to use the firm’s new branch to both set up some new direct marketing and help the local community.

On 14 March, it hosted a conference on forced marriage, which was supported by the Crown Prosecution Service, Karma Nirvana and the Freedom Charity. The latter two third sector organisations

both work in the area of forced marriage. The first event of its kind for the firm, it highlighted an issue that

Makin believes needs more exposure. “For the size of the population involved in forced marriages,

there’s not as many requests for help that you would reasonably expect there to be,” she says.

“People perhaps aren’t as used to seeking advice, which is really worrying because if people aren’t looking for help then there could be some real problems down the line for the families that are involved.”

Makin says that she would have looked to have set up more frequent seminars on various topics sooner than she has, if the firm had not had to tighten the pursestrings due to legal aid cuts.

”It’s a shame because it is a really great way to share experience and for people to put a face to a name from all the different organisations that work with each other in the area,” she says.

Nevertheless, Makin is just as determined to keep them going as she is to keep family law services alive for those who need them the most.

She says that using seminars to bring together key players who support family breakdowns can only help to foster greater solidarity.

“We’re all going through tough times and it’s how you all work together and pull through that matters.”


Last wordAmanda de Winter

The new face of the Bar

Direct access is a hot topic at the minute in the Bar. How do we do extra business? It’s a question on every barrister’s lips at the moment I think.

I have been a solicitor previously, and to me being directly available to the public wasn’t an issue. Perhaps some barristers may struggle with that a little more if they’ve not had that face to face initial contact.

I was looking for an office and ended up with a shop frontage in York. We had the signs put up on the window and the business just sort of took off on its own. It developed by itself, which has been amazing.

We’ve advertised on radio and in local directories, but a large part of the success has been that we chose a smallish city. So it’s big enough for there to be enough people to service it, but small enough for everyone to know that we are there. If we’d just gone straight into Leeds then I don’t know if anyone would have even noticed that we were there.

I’m opening a Wetherby office soon. I also plan to have five offices set up by the end of the year up and down the A1 corridor. The fact that we’ve had that much interest means that we’re looking to licence other barristers.

What we’re offering is on a fixed fee basis with no solicitors’ costs on top. There’s complete

clarity of service – it doesn’t matter how many letters we write or how many phone calls we make. And people like that.

These are difficult times in the law and we didn’t set up with the deliberate intention of upsetting our solicitor friends in Yorkshire. But the way I see it is that there will be cases that come into my office that I cannot deal with, and those will be referred back to a solicitor, so there’s no reason to fall out. We’re perfectly happy to get into strategic alliances with any number of solicitors, to pass work backwards and forwards.

One of the reasons why we’re surviving on the high street and some solicitors are not, I believe is because we’re not subject to the same level of regulation. We don’t hold client funds or do conveyancing so our insurance premiums are not as high.

Some of my colleagues are mystified that I want to deal directly with clients. The Bar has always had that cushion and what I’m doing is not for everybody. People say that they didn’t come to the Bar to do that, they came to be in court. They like the way it used to work. Solicitors still need the traditional barristers who are more cost effective than a solicitor being out of their office all day in court.

But times are changing and the Bar needs to change with it. The younger Bar that is struggling for work will be more open to looking at new ways to do business. Certainly, if any junior members are struggling to get tenancy at the moment because things are tough, they can give me a call.

Solicitors have been doing more of their own advocacy and it’s accepted because that’s out of necessity because costs are being cut. So these are not personal choices that solicitors or barristers are making, they are being driven by the cuts being made to fees. So we are each being forced to find new ways to do business.

It would be a great shame if the Bar were to go and we merged more and everything became generic, like the American system. We have, or did have, the best legal system in the world, but the Government is doing its best to change that.

The Bar is right to fight back. It’s such a shame the public are unaware of just how serious this attack on our legal system is and what long-term damage the Government is inflicting.

Amanda de Winter is the founder of Barrister & Co, a direct access service that is making waves in Yorkshire, despite having only been set up last July. She became one of the first barristers to receive authority from the Bar Standards Board (BSB) to conduct litigation in January.

www.barristersandco.com

46

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