North West Law In association with Choice, Justice and Challenge Mark Jones, Commercial Litigation Partner at JMW outlines the challenge to the restriction of experts through the MedCo portal...

The concept of choice is and much further afield are one that we're all readily strongly objecting to plans familiar in our daily lives. by the Government to re - February 2015 strict the choice in medical As consumers, we are used experts available to individ - to being presented with a uals pursuing soft tissue - or wide variety of options, al - 'whiplash' - claims. News lowing us to express our preferences about, for in - At the start of last month, stance, where and how we the Justice Secretary, Chris Co-founder of DWF awarded OBE in shop. Grayling, told delegates to New Year Honours List 2015 the Association of British In - No-one would suggest that surers' annual conference in page 6 the process of weighing up that a system en - the choices inherent in abling claimants to pick preparing a legal claim is only from an approved list Lincoln House Chambers’ Lisa Roberts like buying groceries. of experts - a portal known as MedCo - would take ef - appointed as Queen’s Counsel However, think for a mo - fect from April this year. page 7 ment how we would feel if we were told that we were The decision followed a only allowed to purchase month-long consultation Leading silk launches “Twitter on Topic” goods from a limited num - and was part of an attempt style social networking site for legal sector ber of vendors. Naturally, we to eradicate instances in wouldn't be happy. which people might, Mr page 8 Grayling explained, "try it MLA Awards People should not necessar - on". ily be surprised to learn, The Shortlist page 17 therefore, that solicitors Mark Jones both across the North West continued on page 8 Features Family Law Committee Talking Heads As incredible as it may • It will build links with the issues that impact on your Should a professional footballer be treated any differently seem and despite Man - wider legal community by practices and is well posi - than anyone else, following conviction for a serious chester having a vibrant raising awareness of what tioned to represent mem - criminal offence when seeking to return to work? family law community, MLS family law members are bers in response to until now the MLS has not doing in the marketplace consultation papers. page 10 had a dedicated family law and create opportunities for group. The good news is networking; So far so worthy! NEW: Lawyer of the Month that an energetic and ded - This month Nicola Brookes, Senior Associate in the icated group of family • It will strengthen relation - With your interest and in - Corporate Team at Eversheds talks to the Messenger... practitioners have come ships with the agencies that volvement we can create a together to form the Fam - practitioners are working community of family law page 11 ily Law Committee to with every day to improve practitioners to offer mutual serve members through - communication and to gen - support and benefit. But, Regulars out Greater . erate an exchange of infor - you will only get out what If you are reading this article, mation; you put in so we really need you or your firm are already The Committee encourage to hear from you. With your likely to be a member of Members Reward Card all MLS family law members • It will provide first class support we can arrange MLS. We would love you to to get involved and to put training for practitioners on events of interest to you and get more from your mem - see your latest offers... page 25 forward suggestions and relevant legal and business your practice. These would bership and help you with ideas for how the Commit - issues, and; include an annual confer - the issues that affect your tee can support them. Mem - ence and other meetings day to day family practice. Monthly Competition bers of the Committee will • It will work to influence aimed at bringing members So please support the Com - Win two 3 month Gym Memberships at be looking forward to hear - Family Law policy. together socially with added mittee in its efforts to help the The Gym ing from as many of you as educational benefits. Your you and let us have your possible – all ideas wel - The Committee recognise membership means that thoughts and views on mat - page 28 come! Member’s contact de - the range and diversity of events are all heavily sub - ters close to your practice. tails are shown work covered by members. sidised so keep checking http://www.manchester - Family law practitioners The Messenger for details of Kim Aucott lawsociety.org.uk/about- have their own, unique skills events. Mills & Reeve manchester-law-society/o and expertise and with that ur-people/committees/ comes unique problems For further information contact me and issues for your practice. [email protected] So what can MLS members The Committee is open to all or expect from the Commit - ideas and is a sounding Fran Eccles-Bech tee? board for members. It pro - franeccles-bech@manchester law society.org.uk vides a forum to discuss the or any other Committee member. Single issue £3.50, 12 month subscription £54.00 The Monthly Publication of the Manchester Law Society free to members

Manchester Law Society President’s Column 3 From the President

It is with some trepidation given by Lord Neuberger, together with the President - something which was un - that I write my first "Presi - President of the Supreme will have been in Manches - heard of until very recently dent's Column" not least of Court. We are promised his ter on the 22nd January and In house lawyers too. all because Mrs Eccles-Bech thoughts post LASPO on (update next month). The The average age is signifi - has told me not to be late the role of Civil Judges both Officers of Manchester Law cantly lower and Council and here I am writing it on before and during trial. This Society, together with the wants to encourage new the day of the deadline! event has been organised Officers of the Joint V (Liver - members. Jeff Lewis, Joint in conjunction with the pool, Leeds, Bristol and Hon Secretary this month Although it has only been a Northern Commercial Bar ) met with writes about the work of month since David Joseph Association and promises them in London on the Council and its benefits to handed over to me it has to be a huge success. all the 14th January and there was the individual. There are a been a busy time. Christ - tickets have been sold and an interesting and lively dis - number of places available mas was spent reading the there is a waiting list! A full cussion about a number of for members to be co- numerous applications for update of the event will be issues affecting the whole opted on to Council and we the Sixth Manchester Legal in the March Messenger. of the profession. would welcome new mem - Awards; there are some fan - bers. If you are interesting tastic entries and Manches - The Profession faces an - One of my aims during the or wish to find out a little ter clearly has a hugely other difficult year ahead, year is to meet with MLS more about what the role talented pool of lawyers. not least for those practic - Advantage Partners. As you entails please contact either Not only do the Firms and ing in Criminal Law. The will be aware a number of myself or Fran, or indeed Individuals perform at the tendering process for Duty specially selected busi - any of the members and we highest level professionally, Contracts is once again on nesses covering a wide area will be happy to discuss it the amount of charitable hold pending the outcome of services form MLS Ad - with you. Louise Straw work undertaken is truly of the Judicial Review vantage and offer special President of Manchester Law Society amazing. I look forward to which leaves Firms unable rates for MLS members. If This is your society so why interviewing those short - to plan ahead with any de - your business is in the mar - not get involved! listed and as always the gree of certainty. In some ket for new services be sure second thoughts it is better just to end with a quick thanks Awards Night itself I am quarters it is thought that to check out the Partners Ihave been trying to think to those who persuaded me to take on this role. I am really sure will be a huge success with an election looming it and see if they can help. of how to end "my column" looking forward to the year ahead representing Manches - on the 5th March. This has all may go away but mem - - who remembers Mike ter Law Society and its Members. become a firm fixture in the bers are urged to be pre - Manchester Law Society Mackey's quotes from Bob Societies calendar and I am pared with their bids as Mr goes from strength to Dylan (never did under - If anyone wishes to contact me during the year please con - sure it will be a great suc - Grayling does not appear to strength and no longer is it stand them!) or we had tact me on [email protected] and I will cess again this year. be a man who will back the domain of the elite few "Such is Life" and his do my best to help. down. as it may have been some thoughts. I could keep you Also at the time of writing years ago. Council mem - up dated on the egg count Until next month! we are looking forward to We now have a new chief bers come from all manner from Muriel, god child of the 22nd January and the executive of the Law Soci - of firms, large and small; Mrs EB (one a day if you are Louise Straw Key Note Address being ety, Catherine Dixon, who Barristers are now members counting!) but perhaps on President Dr Joshua Adedokun MB BS, DA, FCARCSI, FRCA, FFPMRCA Chronic Pain Expert

Dr Adedokun has extensive clinical experience in the InInnovative & Cost Effective Funding Solutions for , and management of various chronic pain syndromes including Personal Injury Clinical Negligence Practitioners. persistent, neck, back and neuropathic or complex regional pain Industrial Disease syndrome especially following personal or occupational injuries. Costs Advance: Allowing firms to draw down up to 70% of likely costs recoverable once cases have concluded. He also has wide experience in medical negligence claims. To date, over £7million has been advanced to law firms across the UK, allowing them to take advantage of Listed on the UK Register of Expert Witnesses, an APIL expert, and benefit from vastly improved cash-flow. Member of Society of Expert Witnesses and Expert Witness Institute. WIP Funding: Law Firms often have considerable sums of money tied up in their WIP Dr Adedokun accepts instructions from Claimants, Defendants and which can significantly limit available money for growth. as a Single Joint Expert. Our new WIP funding facility advances the law firm a fixed sum per case so that unbilled WIP can be turned into working capital. He covers Manchester, Liverpool, Leeds, Birmingham and Improved Cash-Flow / Simple Administration / London. Fast Payment / No PGs Required Other locations and domicilliary visits can be arranged. Contact Amber Holt for assistance on 0161 359 4652 or email: [email protected] Contact Person: Jane Griffiths (Medico Legal Manager) Tel: 01625 523355/07946 700859 MManchester:anchester: London:London: Leeds:Leeds: [email protected] [email protected] [email protected] [email protected] Email: [email protected] 53 King Street Central Court, 25 Soouthamptonuthampton Buildings Dunston Innovation Centre, Dunston Road No.1 Leeds Manchester, M2 4LQ London, WC2A 1AL Chesterfield, Derbyshire, S41 8NG 26 Whitehall Road DX 14385 Manchester DX 426 LDE DX 743530 Chesterfield 8 Leeds, LS12 1BE Suite 6, Wilmslow House, Grove Way, Water Lane Tel: 0161 359 4666 Tel: 020 7758 2155 Tel: 01246 267 961 Tel: 0113 357 0330 Wilmslow SK9 5AG AAuthoriseduthorised and Regulated by the Solicitors Regulation Authority – RegisterRegistereded in and WWales:ales: Number 05867110, RRegisteredegistered OfOf ce: ce: 53 King StrStreet,eet, Manchester M2 4LQ 4 Manchester Law Society News News from Bridge Street CPD Programme Your Council needs YOU...! Upcoming events One of the more pleasing developments within Manchester Law Society (MLS) in re - cent years has been the emergence on its Council of 'new blood', with growing num - Trust Me – I’m Your Manager bers of MLS members keen to get involved in 25th February 2015 CPD: 1.5 hours what goes on 'behind the scenes'. A decade ago, the MLS Council comprised, in the main, Registration and breakfast 08:00 white males in their 50s and 60s, but it now Seminar 08:30 – 10:00 consists of a younger and (in every sense) more diverse range of individuals, better re - flecting the make-up of its members and at the same time making MLS more relevant You can try and manage performance, instil a culture and create and fresh. a positive team spirit all you like, but if you don’t trust your team

But there are still people who are reticent and if your team don’t trust you, then it’s pretty much a dead cert about getting involved with MLS, largely (it that your plans will fall flat on their face. seems) out of not knowing what it entails. So, by way of brief explanation... In this seminar, Mike Ode from Potential Unearthed will help you Your first step would be to join the MLS Council. The Council meets monthly, eleven to identify what trust really means. You will identify how to times a year, normally at lunchtime on the So there you have it....as a new Council first Monday of the month. These meetings member there's a minimum commitment build it, how to sustain it and how to rebuild it when it’s lost. are a forum for discussion of general matters of around a couple of hours a month. of policy, and for updates to be given on what each sub-committee is doing. It's also If you want to get more involved, then you What will you learn? an opportunity for MLS's officers (President, might, in due course, want to chair a sub- Vice-President, Immediate Past President, committee or even graduate to becoming Secretary, Treasurer) to report on what MLS is an Officer, but none of these opportunities • Identify what trust really means doing 'at the top end' and to get members' would come along until after you had had • Assess where you and your team are on the trust ladder views on what MLS could and should be a few years to take a good look at how MLS doing. Some of the meetings also feature an operates and decide for yourself whether • Recognise ways of building trust across four main areas; address by a ‘guest speaker’ (eg someone you wanted to do more. from the SRA, a 'bigwig' from the national Intent, Integrity, Capability and Consistency Law Society, the ). If this And there are several professional and per- • What happens when it all goes wrong? - Identifying ways all sounds a bit formal and daunting, don't be sonal benefits to joining the Council of put off...most Council meetings are, in reality, MLS, even aside from the satisfaction of to rebuild trust fun, light-hearted and inclusive. The meet - knowing that you may in some small way ings last for approximately one hour. be influencing policy or shaping the future of the profession. There are normally a cou- Cost to attend: Council members are also asked to sit on one ple of social events for the Council each MLS Members £20.00 + VAT (£24.00) or two sub-committees. There are around a year (including the annual Dinner in hon - dozen sub-committees, ranging from disci - our of the current President), and there is Non-members £40.00 + VAT (£48.00) pline-specific ones (such as Civil Litigation, often the opportunity personally to meet Employment Law) to those relating to the senior members of the profession (includ - workings of MLS (eg Social, Messenger (yes, ing members of the judiciary). At its very Price includes light refreshments and course materials. you can be involved in planning this very minimum, you will get to meet colleagues publication!)). These sub-committees are the from within the profession who you almost ‘engine-room’ of MLS and represent an excel - certainly wouldn’t have met otherwise To book your place please complete and return the form below or lent way for members to get more involved (with the added benefit of increasing your with MLS, whether in lobbying on a particu - referral network). email [email protected] lar subject or in ensuring that MLS continues to be of interest and relevance to its mem - Hopefully, none of the above is too off-put- bers. The sub-committees meet approxi - ting. If it is, then maybe getting more in - Date for your diary: mately every two months (again, normally at volved with MLS isn't for you, but if your lunchtimes and normally for an hour). appetite has been whetted then please feel free to contact our Executive Director, Fran • Thursday 5th March 2015: Manchester Legal Awards You may volunteer (or be volunteered!) to do Eccles-Bech something to support a sub-committee or to [email protected] , support MLS more generally, but the chances or any current Council member for more in- Keep up to date with the latest event information at are that you won't be asked to do anything formation. The next AGM isn’t until Decem- too onerous (and you can always say no!). It ber, but there’s the opportunity to be www.manchesterlawsociety.org.uk or follow us on Twitter is probably fair to say that if MLS was putting co-opted on to the Council between now @ManLawSoc on an event (such as the recent talk to Man - and then. So what are you waiting for? chester practitioners by Lord Neuberger) then the support of Council members would Jeff Lewis To book a place on any of the above events, please email be expected if practicable. Brabners LLP [email protected]

scan me to download your Follow us on complimentary Twitter Manchester Law Society Reward Card @ManLawSoc smart phone app Keith Etherington is a fully accredited mediator and lawyer at law firm Slater & Gordon. For more information He specialises in contentious call    or email probate, boundary disputes [email protected] and commercial claims. slatergordon.co.uk/mediation Slater & Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority. www.slatergordon.co.uk Regulatory Affairs Committee Update

As my regular readers will tween the FCA and SRA fully rooting out malprac - member to take up the po - ringer and HSBC (rather il - know, I always like to kick off about how best to regulate tice. sition. The full board is com - lustrious names for anyone’s my column with some inter - law firms involved in con - prised of 8 lay members and CV). David Willis is also a so - esting event relevant to the sumer credit was not con - Should law firms be con - 7 solicitors but the quorum licitor and his pedigree in - month that I can neatly fusing enough, LeO has cerned about any of this? I is 7, of which 4 must be lay cludes 25 years at Herbert weave into the regulatory jumped into the ring and think the answer is “yes”. members. The chairman has Smith Freehills (including update. This month I found suggested that, whilst the This latest development re - a casting vote so, for the first time at the helm) in the field out something interesting SRA and FCA are busy argu - inforces the need for all per - time ever if there is a dead - of corporate law, with par - about cakes. Did you know ing, wouldn’t it be a great sonal injury law firms to lock the regulated members ticular focus on privatisa - that some scholars believe idea if they could agree that review and consider their (i.e. the solicitors) can be tions and other major that the Anglo-Saxon word clients should get two re - arrangements for case ac - out-voted by lay members. Government assignments. for February means “cake- tainer letters. One dealing quisition. I would not be at Will this lead to some month”? This sounds de - with the consumer credit re - all surprised if the SRA kept heated board meetings? We In last month’s column I lightful but when I lated work and the other for a close eye on any fines probably will never know mentioned that the elite cross-checked the reference the purely legal work. Con - made against CMCs and but it will be interesting to composition of the SRA’s I found that another branch fused? How do you think then asks questions of any see what direction the board has led to criticisms client, legal aid, insurance of thought is that it is liter - our clients are going to feel? firms dealing with such Board takes under Ms Row - that it is out of touch with litigation and co-com are all ally translated “mud-month”. companies. Remember land’s leadership. the needs of those entre - very different beasts. Mud is an apt reference to To be fair to LeO it has that intelligence may also preneurs who do not work the clarity of the current flagged up a legitimate con - arrive at the SRA from LeO The board has also con - for a Top 100 branded law Michelle Garlick consumer credit regime cern that the current battle now the latter is dealing firmed that it has made two firm. The extent to which Chair which I touch on below of the regulators might also with complaints made more appointments. Elaine this is true will probably al - Manchester Law along with some other in - lead to a battle of the om - against CMCs, so thorough Williams is a qualified solici - ways be a moot point al - Society Regulatory Affairs teresting developments. budsmen. How will a client due diligence by law firms is tor boasting international though it is probably safe to Committee (or for that matter a firm) essential! corporate and commercial quote the old adage “until Weightmans LLP Competition from the Bar know which Ombudsman legal experience gained you have walked a mile in should ultimately deal with Comparison websites with several big hitters someone else’s shoes” …. The a complaint that has a con - Freshfields Bruckhaus De - And, as we all know, private (BSB) confirmed that it is ac - sumer credit element to it? The SRA has agreed to make cepting applications from Are there going to be some some law firm data avail - lawyers wishing to establish situations where both the able for use by comparison BSB-regulated entities. Po - Financial Services Ombuds - websites. The data is ex - tentially this will provide op - man and LeO claim jurisdic - tremely basic e.g. office portunities for Chambers or tion? I do not know what name, SRA registration groups of barristers to de - the answer to these ques - number, address etc. so I am sign more flexible and fluid tions will be but I suspect struggling to see quite how structures involving solici - that the profession may be it will benefit the consumer tors and other lawyers (al - sleep walking into a night - any more than the Law Soci - though these individuals mare of dual regulation ety’s ‘Find a ’ web - will remain subject to the with very little clarity from site. Of course, the SRA (and professional rules of their either regulator. the Law Society) has a his - own regulator too). tory of its data being inac - Fines for claims manage - curate so I would hope that When I mention this to so - ment companies before any information is licitors, the general consen - passed on, the regulator is sus seems to be that no-one The MoJ’s Claims Manage - confident that it is correct! A is overly worried by the ment Regulation Unit case in point is that the Law change but I think that this (CMRU) now has the power Society is set to defend a development - coupled to impose substantial fines claim for negligence after a with the ability of barristers (potentially up to 20% of bogus solicitor (another to conduct litigation and turnover in some instances) one!) managed to get listed provide direct access – will on any claims management on the Find a Solicitor sec - enable the bar to compete companies (CMCs) that tion of its website. more effectively with solici - break the Conduct of Au - tors. The legal landscape is thorised Persons Rules, fail And finally……… changing at an alarming to engage properly with the rate and is a completely dif - CMRU or fail to obtain in - More room at the top ferent market to the one I demnity insurance. Whilst it entered (a few!) years ago. is too early to tell just how The SRA has re-jigged its Are you embracing/prepar - aggressively the CMRU will board. Enid Rowlands offi - ing for change? flex its muscles, it is likely to cially took over as Chair of make an example of a CMC the SRA at the start of the More confusion over con - in the near future that will New Year following the re - sumer credit be eye-watering enough to tirement of Charles Plant act as a deterrent and satisfy and she has the distinction As if the current discord be - its critics that it is success - of being the first ever lay

The deadline for the March edition of The Messenger is 12th February 2015 6 Movers & Shakers SAS Daniels strikes gold with Investors Jefferies Solicitors appoint Hattrick in People Personal injury compen - sation specialist, Jefferies Leading North West law The firm has also recently Steve Burrows, Managing Solicitors, has appointed firm SAS Daniels LLP has reported success in the Director of Investors in Peo - HatTrick, the South Man - been awarded the In - legal guides, Chambers UK ple North of England said: chester-based PR agency, vestors in People Gold and The Legal 500, setting “This is a fantastic achieve - to raise the company’s standard, joining the top another personal record ment for SAS Daniels and I profile. 7% of accredited organi - and exceeding their previ - would like to congratulate sations across the UK who ous results for both guides, the team on their success. HatTrick will deliver an inte - believe in realising the po - with rankings covering all of We believe that good peo - grated campaign using tra - tential of their people. the firm’s core practice ple make a great business ditional and digital PR teams. The firm also recently and as a proven organisa - methods to support the or - The firm which has over 70 celebrated being ranked for tional development frame - ganisation’s current SEO legal advisers, including 23 the first time in ‘ work, Investors in People is and social media activity, partners operating out of UK200’. designed to help organisa - helping to drive enquiries. four offices based in Stock - tions and their people to re - port, Macclesfield, Chester Investors in People is the alise potential, enhance pleased to welcome Jef - on the appointment: “We The Altrincham-based law feries Solicitors on board at approached HatTrick due to and Congleton first UK's leading accreditation performance and meet firm is looking to continue achieved the Investors in for business improvement goals. With their Gold ac - HatTrick. It is a well-estab - the team’s insight into the to build its national profile, lished law firm, particularly legal sector, as well as their People award in 1999 and through people manage - creditation, SAS Daniels is as well as its local presence has recently exceeded the ment and provides a wealth certainly working to realise in the personal injury and creative ideas for an inte - following the opening of a medical negligence sectors, grated marketing cam - bronze and silver accredita - of resources for businesses their people potential.” new office in Hanley, Stoke- tions, and going straight to to innovate, improve and and we look forward to paign. The HatTrick team on-Trent. The company has working alongside some of understood our objectives gold! grow, with a focus on good Commenting on the award, also recently set up a new people making great busi - Chris Swerling Head of HR at the leaders in the industry and how we could work to - department to deal with to develop a successful PR gether to bring value across This comes on the back of ness. SAS Daniels said: “We are driving offence cases. the firm winning silver for thrilled to have achieved campaign.” a number of different audi - the ‘Developing Young Peo - Paul Devoy, Head of In - the gold standard and re - ences and platforms.” HatTrick director, Karen Michael Jefferies, MD at Jef - ple’ award at this year’s vestors in People, said: ceive recognition for the Adams says: “We are very Stockport Business Awards “We’d like to congratulate commitment to our em - feries Solicitors, comments and earlier this year, proudly SAS Daniels on their Gold ployees. This underpins our reinforced its commitment standard. Such a high level core values of helping the to excellence after achiev - of accreditation is the sign firm and our colleagues re - Two new partners for Express Solicitors ing its 10th successful Lex - of great people manage - alise their potential and Manchester-based per - where he headed up the PI share my years of experi - cel assessment, an ment practice, and demon - achieve their goals, whilst sonal injury (PI) law firm, department and worked ence with people at various international practice man - strates a commitment to focusing on building long Express Solicitors, has alongside several current levels in their careers. I’m agement standard only staff development and term relationships with our strengthened its board partners at Express Solicitors delighted to be joining awarded to law firms who shows an organisation com - clients and colleagues. We with the appointment of such as managing partner - James and the successful meet its rigorous criteria for mitted to being the very are looking forward to an - two new partners. James Maxey, senior partner firm he’s built by putting business management and best it can be. SAS Daniels other positive year ahead.” -Robin Patey and head of clients first every step of the client care. should be extremely proud Gerald McHugh and Ian costs - Sharon Denby. Ger - way.” of their achievement.” Hazeldine, working across ald left GLP Law in 1999 to strategy and finance respec - set up his own PI law firm, Ian added: “It’s great to join tively, will help the firm con - McHugh Solicitors, in New - a very well led and managed tinue its expansion and fulfil castle-Under-Lyme, which company, which looks at the Co-founder of DWF awarded OBE in its goal of achieving £10m he managed for 15 years business environment in turnover within the next 12 until September 2014. positive way and maximises months. In addition to the opportunities.” New Year Honours List 2015 appointment of Gerald and Ian is a chartered account - Ian, Express Solicitors has ant with over 30 years of fi - James Maxey, managing Jim Davies, co-founder of also recruited John Bush as nance experience and partner at Express Solicitors national law firm DWF, has its new finance manager. previously worked as fi - said: “We’re delighted to been awarded an OBE and nance director in several have two more experienced recognised in the Queen’s Gerald, who has almost 30 high profile North West law and highly able partners on New Year Honours List years experience of claimant firms such as Ralli and board to help us push for - 2015 for his services to PI law, will oversee systems, Alexander Harris. At Ex - ward and take us to the next charity and the commu - strategy, training, mentoring press Solicitors, Ian will take level of our ambitious plans.” nity in Merseyside. and coaching, finding areas responsibility for financial where there is scope for fur - management, reporting and Express Solicitors specialises Jim is a Deputy Lieutenant ther improvement and strategy. in personal injury and acci - of Merseyside and an Hon - working with employees at dent claims, clinical negli - orary Fellow of Liverpool all levels across the firm to Commenting on his new gence claims and serious John Moores University. put systems and training in role, Gerald said: “I wanted injury cases and comprises place to make them happen. to stay in the industry and 164 employees including 54 For many years, he has been feel lucky to have been of - fee earners and 15 partners. actively involved in certain His expansive career in - fered such an interesting charities and public bodies cludes a year at GLP Law role that will allow me to on Merseyside including co- founder Trustee of Mersey - side Bone Marrow Transplant Trust; Board member, Trustee and subse - Jim Davies quent Chair of Trustees of Royal Liverpool Children's have been so lucky to work West region.” Hospital; former Council with over the years who member of Tate Liverpool work tirelessly for some fan - The honours system recog - and former Chair of its De - tastic causes supported by nises individuals who have velopment Committee; and the generosity of the peo - committed themselves to a current Patron and cur - ple of Merseyside.” serving and helping Britain. rently Trustee and acting A total of 1,164 people have Chair of Liverpool Cathedral Andrew Leaitherland, Man - been recognised in the New Foundation Trustees. aging Partner and CEO at Year Honours List 2015, with DWF, added: “This is a well- 74% of people being com - Commenting on the OBE, deserved honour and a fan - mended for outstanding Jim said: “It has come as a tastic achievement, not only charitable and voluntary wonderful surprise and is a has Jim played an active work in their communities. real privilege. I share this role in shaping our busi - award with the many in - ness, but his charitable work credibly dedicated and tal - has helped many in Liver - ented people with whom I pool and the wider North Gerald McHugh, John Bush and Ian Hazeldine. BARRY FRIESLANDER MCIArb P: 08448 777 888 Certified Mediator M: 07973 394 803 Complex business & matrimonial disputes resolved E: [email protected] W: www.dispute-resolve.co.uk Barry holds Certified Elite Mediator status, compliant with the UK Ministry of Justice, EU & UK Civil Mediation Council Mediator Database and is accredited by the ADR Group. Lincoln House Chambers’ Lisa Roberts Clyde & Co invests in Manchester growth

Clyde & Co is rapidly de - months the office has Healthcare. Mark and Jason appointed as Queen’s Counsel veloping a full service of - grown to reach 323 people, are the latest in a string of Lincoln House Chambers fering in its Manchester an increase of 40 members high profile hires at Clyde & are delighted to announce office with the hire of five of staff including lawyers Co's Manchester office; con - the appointment of Lisa partners and consultants over that time. sultant Sarah Grant joined Roberts as Queen’s Counsel. in the last five months. the Property and Liability Mark Hammerton joins as team earlier this month. Dis - Called in 1993, Lisa is con - The firm is on track to posi - the first employment part - ease and liability expert Ju - tinually ranked in the lead - tion Manchester as not just ner based in Manchester dith Martin and ing legal directories a centre of excellence for in - this week to develop the specialist Antonia Ford both Chambers UK and Legal 500 surance but also a national Employment and Pensions joined the team in August for her outstanding work in centre to service corporate team there. Personal injury 2014. Regulatory Law, Crime and clients, bringing employ - specialist Jason Bleasdale Business Crime, Professional ment and investment into also joined the firm this Disciplinary & Inquests. One the city. In the past six week in Casualty and recent accolade described her as “a tremendous lawyer who is a silk in waiting.” BCL Legal Survey shines light on growth As the only Crime & Regula - tory Silk appointed in the prospects of North West Law Firms North West for the current Manchester headquar - predicted increases of be - competition, she also repre - tered BCL Legal – one of tween 10% and 20% whilst sents 1 of only 3 who were the leading legal recruit - 34% thought it would be appointed on the Northern ment consultancies in the less than 10%. Just 9% be - Circuit. Lisa Roberts UK – has undertaken a lieve they will see a rise of comprehensive research 20% to 30% and 11% be - Nationally, female silks project looking at growth lieved that they will see no made up only 25 of the 93 difficult task of identifying from her earliest days, a star trends within the legal rise at all. appointed overall. Lisa com - the truly excellent advo - at the bar. She is hugely re - sector. BCL Legal ap - mented “I have worked hard cates. I am confident that spected by judges and fel - proached 1,000 law firms Recruitment was another for many years to achieve those appointed today truly low practitioners alike. It is across the North West to topic covered. 71% of those my ambition of silk. I am deserve to be Queen’s a great pleasure to be able ask them a whole range of questioned said that they proud and delighted to be Counsel.” to welcome her as a questions including the will most likely recruit at so - honoured in this way. I Queen's Counsel and I am biggest challenges they licitor level, followed by hope that my own success, Lisa will make her declara - sure that she will be a great face, how they expect paralegals and legal execu - and that of my fellow fe - tion before the Lord Chan - success. It is 20 years since I their turnovers to change tives. BCL Legal believes this male silks in Chambers, cellor at a ceremony at received similar news and I and what the main factors is in stark contrast to two Suzanne Goddard and Kate Westminster on the 16th can well remember the ex - will be in driving overall years ago when the main Blackwell, will inspire other February. citement, relief and antici - growth throughout 2015. demand across the market James Batt outstanding women at the pation which she will now was for paralegals and legal Bar to apply.” Welcoming the news that be feeling. All chambers Lisa is taking silk, Alistair joins with me in congratu - The research covered firms executives. mented: “There’s no doubt - of all sizes from small prac - Helen Pitcher, Chairman of Webster Q.C., Head of Lin - lating her." ing that the legal sector has tices to nationals. It showed The survey then went on to the Selection Panel, stated coln House Chambers, been through some tough that 52% of respondents ask whether respondents “Each year, the Panel has the stated that "Lisa has been, times over the past five believe that improving prof - are expecting to use any in - years. The aim of this survey itability is the biggest com - terim resource in 2015. 90% was to really identify what mercial challenge they face said they have no plans to factors will be helping to Specialist website reports threefold increase in this year; this was followed use interims over the next drive growth across the en - by achieving financial 12 months. tire market. We are defi - negligence claims against solicitors growth at 32%. Other stated nitely seeing a rise in challenges included a lack The final question tackled confidence with several dis - The number of High Court and one of the team of claims against solicitors are of talent in the marketplace, the main drivers of growth. ciplines leading the way in - cases issued against law lawyers behind the solici - still those involving con - ongoing changes within the 63% believe that work from cluding litigation, firms claiming that their torsnegligence site, says: veyancing or property legal sector (such as ABSs, existing UK clients will be commercial property and advice was negligent has “There was a time when at transactions. Boundary dis - umbrella brands and legal leading their growth fol - corporate.” almost tripled, rising to least some clients would ex - putes, mortgage difficulties reforms including LASPO) as lowed by business develop - 418 in the last 12 months press surprise when they and negligent valuation is - well as attracting staff and ment/ offline marketing James added: Our research from 143 in previous year. learned that solicitors sued sues are all common forms developing a strong man - activities, increased levels of shows that long-term and other solicitors, but those of complaint. “Although agement team. work from existing overseas sustained success is really The team behind specialist days are gone. Equally, the there has been an increase clients, digital marketing/ down to the talents of em - website www.solicitorsneg - range of options that now in volume, the type of The survey also asked how social media campaigns and ployees and their ability to ligence.co.uk say that this exists to fund negligence claims that we are seeing much law firms are expect - acquisitions/ mergers. develop/ maintain prof - also reflects an increase in claims is much more diverse hasn’t changed substan - ing their turnovers to in - itable client relationships.” the number of enquiries than used to be the case. tially. There have been some crease by in 2015. 46% of James Batt, managing direc - they have seen questioning From ‘no win, no fee’ relatively recent develop - respondents stated they tor of BCL Legal, com - the competency of advice arrangements to third party ments that have opened up provided by solicitors. funding, it is now easier new types of claim, such as than ever to bring a claim failure to complete Money The cause of such a sub - for negligent advice. Many Laundering checks or to stantial increase in such of the claims that we run do give appropriate fee/ costs claims is in part put down to not involve the client mak - advice, but in the main the an increased awareness of ing any payment at all.” most common claims that the ability to bring such we are running are much as claims as well as the more However, some aspects of they always have been.” flexible options that exist these negligent claims have today to fund claim. Paul remained constant. The Lunt, a partner at Brabners most common form of Call: 01392 423607 8 News MedCo portal continued from front cover... Leading silk launches “Twitter on Topic” style A fortnight later, one of his ability to prepare their own The document went on to ministerial colleagues later claims. urge caution on the use of a social networking site for legal sector told the House of Commons register of approved med - Award-winning silk Bill that such a move was essen - To give you some indication ical experts, concluding that Braithwaite QC, head of tial "to deter unnecessary, as to the scale of the poten - “numerous detailed matters Manchester-based Ex - exaggerated or speculative tial problem, research that are being decided hastily change Chambers, has claims". we have undertaken shows and, in some cases, without launched a “Twitter on that it could prevent more much consideration of dif - Topic” style social net - Any disagreement with the than 900,000 people who - ferent options”. working site for the legal methods proposed might let's not forget - are forced services sector. suggest dissenters are in to make whiplash claims Law firms also recognise the favour with those 'swinging each year getting full access prospective impact for their Mootis - mootis.co.uk - has the lead'. In fact, nothing to justice. We believe that own business of what we re - been launched after exten - could be further from the doing so could amount to gard as an anti-competitive sive research and develop - truth. Lawyers who have an infringement of human and irrational exercise. The ment with the aim of joined the group on whose rights. constraints which MedCo streamlining the legal sec - behalf JMW is acting share would put in place would tor’s use of social media. In the desire of Government, Furthermore, those who prevent many firms and addition to legal profession - the insurance industry and have formed the group medical agencies from con - als, it is aimed at anyone in - motorists who have to deal seeking to contest the ducting and expanding terested in law, including with the respective conse - changes have genuine con - their enterprises, quite pos - publicly listed companies, quences of fraudulent cerns that what has been sibly leading to closures and entrepreneurs, insurers, claims. moved for might only be redundancies. local authorities, HR Man - the thin end of an even agers, professional advisors, More than 20 firms, though, more troubling wedge. That clearly contradicts the members of the public and agree that initiatives with There is no reason to think Government's stated deter - expert witnesses. that goal should not be that other types of civil mination to support entre - mounted at the expense of claims, including personal preneurial business. Commenting on the launch legitimate claimants. injury, will not be subjected of Mootis, Chairman Bill to the same approach. We know that the clock is Braithwaite QC said: “Sites During a meeting at JMW's ticking and that any chal - such as Twitter, LinkedIn, offices in Manchester just There are other, commercial lenge to MedCo needs to YouTube and Facebook are before Christmas, there was factors at play in the shift happen rather soon. Group hugely successful, but we broad consensus that what being driven forward by the members are confident of feel the world of legal serv - Mr Grayling is trying to ad - Ministry of Justice, which our arguments moving for - ices is large enough to war - vance is nothing short of an the department has been ward in the coming weeks, rant its own, bespoke Bill Braithwaite QC attack on justice. made well aware of, during progress which we will keep platform. parliamentary sessions and all interested parties up - “For the thousands of legal -Register as an individual or It would constitute a move the consultation last au - dated about. “So many legal profession - professionals yet to engage organisation. from an adversarial system tumn. als - at all levels - under - with social media this is -Keep on top of all the very to a more inquisitorial one, Even though individuals stand the need to engage their chance to get in at the latest trending legal topics. in effect reducing the A report published in July over-egg the symptoms of with social media but are beginning of something -Search and connect with process of making a claim to by the Commons’ Transport road accidents have been not entirely comfortable new and exciting. It’s a people by name or import nothing more than a form Select Committee stressed made the focus of the Gov - with the general nature of brand new platform, a level existing contacts from other filling exercise. that before implementing ernment's changes, make what is out there at the mo - playing field.” social media networks / in - any changes “Government no mistake that this entire ment. vite contacts via email. Our argument is more than must continue to engage case has a more serious and In developing the site, the - Send and read other users merely administrative. We with all interested parties, wide-reaching core. “There’s a lot of clutter. Mootis team analysed social updates – either publicly, or believe that, if MedCo be - rather than just with the in - Mootis is specifically tai - media sites throughout the privately. gins operation in the man - surance industry, as has Mark Jones lored for what is a vast legal world. As a result, Mootis -Integrate with other main ner intended, it would been the case in the past”. JMW Solicitors services marketplace that has a range of features reg - social media sites. severely impede people's extends far beyond ular users of social media -Daily updates from Mootis lawyers.” will be familiar with as well direct to user’s email ac - as some unique aspects. count. In terms of the legal profes - -Create polls and surveys. Public urged to help write new sion, Braithwaite says Moo - Key features include: -Professional verification to tis will appeal to two establish authenticity of audiences - those already -Moots can exceed 140 identities of key individuals UK Constitution registered with sites such as characters (up to 500 words) and companies. Twitter and LinkedIn - and enabling users to express -Privacy features The second phase of a Human rights lawyer and word ‘constitution’ and those who are yet to en - their opinion with more au - -Advanced security. unique crowdsourcing IPA Director Professor Conor make people realise that it is gage with the world of so - thority, weight and sub - project to get ordinary Gearty says the lack of a for - not an abstract theory but cial media. stance. Concluded Bill Braithwaite Britons to debate how mal Constitution in the UK is something that affects each -Upload and share video QC: “Although we are their country should be the basis for the crowd - and every one of us in a very "It's got dual appeal," he blogs, documents, images launching the site now the governed was launched at sourcing project. direct way.” continued. “We believe ex - and audio. first few months are all the London School of Eco - isting social media users will -Register as a new user on about gathering feedback nomics and Political Sci - “With the public’s help, we The top 20 online contribu - welcome the benefits of a the Mootis sign up page or so we can make Mootis as ence last month. have already agreed on a tors will be invited to a Con - site focused entirely on log in through Twitter, effective as possible moving set of values which will un - stitutional Convention in legal services. LinkedIn or Facebook. forward.” Coinciding with the 800th derpin a new Constitution March when the project will anniversary of the Magna and these include things culminate in a draft docu - Real appetite for change at the Bar as BSB sees rush of Carta, a 10-week internet like diversity, protection of ment which will be pre - project will give people a di - freedoms and self-esteem, sented to Parliament in prospective entities in its first week of accepting applications rect say in writing a pro - and a guarantee of human June, on the 800th anniver - posed new UK constitution security. sary of the Magna Carta. The Bar Standards Board Oliver Hanmer said: "That cussed business models, via an online forum that (BSB) heard from as many we've heard from 30 appli - which we think will broaden went live on Thursday 15 “We have also reached out In the intervening period as 30 applicants for cants in just five days shows client choice." January. to different groups around Professor Gearty will chair prospective BSB-regu - there is a real appetite the country, such as single Constitutional debates in re - lated entities within just among many at the Bar for The majority of applicants Spearheaded by LSE’s Insti - mothers, asking them for gional centres including five days of the barristers' doing things differently. Ap - were prospective "single tute of Public Affairs (IPA), their opinions on how our Cambridge, Nottingham, regulator opening its plications are considered on person entities", five were the Constitution UK project country should be run. It is Liverpool and Portsmouth. doors to applications. Be - a first come, first served for entities of two to five will canvass opinion on 10 crucial that we get the views tween Monday 5 and Fri - basis, so I'd advise barristers people, and one was for an key issues including devolu - of ordinary people and not To take part in the debate day 9 January dozens of considering setting up a entity of 6 to 15. Almost half tion, whether the UK should rely on academics or politi - visit applicants registered an BSB-regulated entity to get were from the Greater Lon - have a monarch, Head of cians to dominate the de - www.constitutionuk.com interest in setting up a in touch with us as soon as don region, around a third State, abolish the House of bate,” Professor Gearty says. BSB-regulated entity. possible. Ultimately, it's our from either Birmingham, Lords or exit the European job as the barristers' regula - Manchester, or Nottingham, Union. “The aim is to demystify the Director of Supervision for tor to help those who want and the rest were spread the Bar Standards Board, to adopt new advocacy-fo - across England. Mirror, Mirror on the Wall… Who is the dodgiest solicitor of them all? Just before Christmas the October. Or perhaps maybe relate to a particular firm SRA’s unwanted attention. SRA issued its application the SRA who have said that they will investigate But it remains to be seen to the LSB setting out its the changes will allow them whether the firm had “ap - how the SRA will use a lack proposed changes to the to “better target our regula - propriate systems for identi - of “reflection” and systems rules relating to CPD. tory resources appropri - fying development needs, in place when deciding on That application called for ately”… in other words: cut training staff and evaluating the appropriate punish - the LSB to approve re - costs. impact of learning” in place. ment of those guilty of in - forms abolishing what the If no systems exist the SRA’s competence. Maybe if the SRA called “prescriptive, These are just some of the regulatory action will be SRA increase the level of blanket and dispropor - many questions and con - more robust. their fining powers from the tionate rules”. cerns aired since the SRA current £2,000 firms may first consulted back in early (ii) thematic or sector issues take more notice to ensure Where CPD is concerned 2014. But now that the re - – the SRA will, where evi - they can document the those rules included a re - forms are starting to take dence of incompetence has training needs of staff. quirement for solicitors to some shape attention may been picked up in a particu - There is of course always sit through at least 16 hours turn to what the SRA are lar sector through intelli - the added fear that the SRA of training annually which saying in terms of policing gence gathering, media will leave everyone to their should (subject to approval the revised scheme. scanning etc, utilise a range own devices then beat by the LSB - which ought of regulatory tools at their everyone up in three years not to be controversial) be The SRA’s application sheds disposal. time with the benefit of phased out from April 2015. some light on this question. hindsight. In short it seems that if you (iii) individual competence - The reforms favour a more are not on the SRA’s radar the SRA will view an individ - Jennifer Haren Jennifer Haren relaxed approach and pro - (being investigated) then ual’s failure to “demonstrate Weightmans LLP posed as an alternative is a you will likely escape their that they have taken a re - system requiring solicitors attention. sponsible approach to their to tick an annual CPD decla - learning and development” ration (accompanying their The SRA have said - proba - as an aggravating factor in practising certificate re - bly to try and alleviate con - relation to enforcement ac - newal) confirming that they cerns raised that some tion. have “reflected” on their within the profession will practice and considered view the reforms as a So what does this mean? their training needs. chance to reduce or even eradicate their training It looks like the SRA will only But what does it mean to re - budgets - that they will take pick up on competency is - flect? And are you confident a “realistic and pragmatic sues when something else enough to declare to the approach to regulating goes wrong. It seems that SRA that you have reflected competence”. those firms, sectors and in - and are competent? Is one dividuals already on the tick box system being re - The SRA have acknowl - SRA’s radar will be the ones placed by another? How edged that it would not be who will need to ensure will the SRA ensure compli - “possible, or desirable, to that they have appropriate ance with the new regime pick up every instance of in - systems in place and can ev - given its objective to pro - competence” but that they idence that they have vide the profession with ul - would seek “proactively to thought about their devel - timate freedom? How identify any significant risks opment. have/will PI insurers react to or trends”. the issue of complete con - Will this approach encour - trol being handed over to The SRA went on to identify age firms to invest less in their insureds? And will three instances which training and development? anyone ultimately notice might require a regulatory Certainly it would seem that the changes…except intervention: cutting training budgets maybe those training and having a workforce not providers losing out on (i) firm based competence – up to speed on develop - cashing in on a profession where the SRA identify a ments will likely result on desperate to earn points in “cluster of issues” which may firms ultimately gaining the

scan me to download your complimentary Manchester Law Society Reward Card smart phone app 10 Talking Heads Talking Heads This month we asked practitioners "Should a professional footballer be treated any differently than anyone else, following conviction for a serious criminal offence when seeking to return to work?"

Mark Hovell Steve Kuncewicz Heads of Sports Sector Head of IP & Media Mills & Reeve Bermans

As we’ve seen with Ched Evans, this question can divide The rehabilitation of any offender is always going to be con - public opinion – any club that’s looked to give him a second troversial but when they're in the public eye and looking to chance has lost sponsors and/or fans, even received death continue to work in an environment where, rightly or threats for its owners/officers. This has resulted in distinct wrongly, their employment may have a serious commercial polar opinions - some think he should be able to play again, and reputational effect on their employer then that contro - having served his time for a rape that he’s appealed against; versy can never be ignored. others think he should never play again, as he’s showing no remorse or just because he’d be a role model. There's nothing in law which either compels or prevents a Football Club from employing a reformed offender that's Perhaps the debate is easier for lawyers – we’re more famil - done their time, but when reputation and public feeling iar with the rules – if you offend and are punished, you serve drives the revenue of a club, alienating their most vocal fans your time and then are free to be rehabilitated. There are ob - could lead to lost revenue in season tickets and merchan - vious legal excepts, such as a sex offender working with chil - dise but more importantly could lead to sponsors looking dren, but otherwise there aren’t many legal barriers to the to sever ties with the club itself. Whether or not they could second chance. There have been other players that have would depend upon the situation and the terms of their committed serious offences –for example, Lee Hughes killed Sponsorship Agreement but a club facing a decline in spon - people after a hit and run – and have played again. sorship revenue probably wouldn't be able to fund legal proceedings relating to the Agreement's termination. I suspect the big issue with Evans is that he’s appealing. As such, he wouldn’t apologise fully, or in the opinion of many, Like it or not, there are many situations where wider com - not soon enough. This shifts the debate from a legal one to mercial considerations, especially in cases where a player a cultural or moral one. He may well be being advised that has been convicted and isn't either contrite or managing his he can’t fully apologise, but perhaps the advice could be to public persona or his supporters and their actions carefully let the appeal run its course and then look at a second take precedence over morality. The crowd isn't always wise, chance, if successful, rather than do these in parallel. but more often than not they make their voices heard.

Other players have done time and played again – Evans’ chances to do this in this country have probably gone. Even Sucheet Amin if he is successful with his appeal, the whole history of sign - Managing Director ing/not signing whilst he’s appealing will mean that he’ll be Aequitas Legal stigmatised and will be harangued every time he takes the field going forwards, and any new club will face the same is - The starting point has got to be the offence and whether it sues with sponsors and fans. At least he’d be then able to has any relevance to the work being sought. If for example look at opportunities overseas. the footballer was convicted of an offence committed dur - ing a football match, then yes I think it is relevant. If a candi - That said, convicted players are legally able to resume their date applied for a role at my firm and they had been careers – the lesson must be to win the support of clubs, convicted of fraud then it would mean that in order to dis - fans and sponsors by showing some true contrition. charge my responsibility to protect my clients and other Whether footballers should be treated any differently than employees, they will be singled out as inappropriate for any any other profession is moot – the fact is they are. This is role, even if they had served their dues. football, not any other business. Of course this question arises from the Ched Evans scenario and the difficulty balancing the right for a person to seek Usman Anwar work in their chosen profession after having served any Trainee Solicitor penalty imposed. The argument for me is that here is a per - Aequitas Legal son who appears in the public eye. He will be a role model and children will look up to him and buy his football Yes. Football is the world’s most popular and lucrative sport. shirts…what message does it send to the youth of today to Fédération Internationale de Football Association (FIFA) employ someone who has committed such a serious crime? widely claimed that 1 billion people viewed the 2014 World Cup final in Brazil. With 1 in 7 people around the world I’m undecided on the answer to this question. My gut is say - watching the final of a sporting event, it is easy to under - ing to me that the right answer is no, they shouldn’t be stand why so many professional footballers are admired and treated any differently. However, we don’t live in a clear-cut, respected around the world, some even worshipped. Being black-and-white society. Every situation has a unique set of a professional footballer is no ordinary profession. facts and the scale and impact of the crime is also some - So when a professional footballer, Chedwyn Michael "Ched" thing that has to be taken into account. Evans, is released from prison after serving a sentence for raping a woman and he shows no remorse and shame for his actions, I thought, which football team would sign him for committing such a heinous crime? I was shocked to find out that his last employer, Sheffield United F.C. was contem - plating on whether to sign him. Sure everyone deserves a If you would like to take part in future “Talking Heads”, second chance after serving their punishment, but for me, please email Julia Baskerville with your details and any that was a terrible decision. It created bad publicity for the football club with sponsors terminating contracts and caus - particular areas of interest. ing an outrage on social media. Being a professional foot - baller is more than being a gifted sportsperson, they are role [email protected] models and people, especially the younger generation as - pire to become like them. Feature 11 Lawyer of the Month Introducing our new feature “Lawyer of the Month”. This month Nicola Brookes, Senior Associate in the Corporate Team at Eversheds talks to the Messenger... What was the case/deal all about? successful and well known company today. Every time I see We acted on the recent flotation of energy efficiency and their name at the end of the credits, I feel that I contributed home improvement group, Entu (UK) plc to the AIM stock a small part to that success! market, raising £32.8m for the selling shareholders and valu - ing the Group at £65.6m. What has been the most difficult moment in your ca - reer? What does this case/deal mean for your client? I would say deciding which department to qualify into at the This is an extremely important development for the Entu end of my . I had certainly seen myself as a Group which is in line with their aspirations to expand their commercial litigator and my experience in this seat was pos - presence and brands nationally and to broaden their prod - itive, however, I was also drawn by the fast pace of being a uct offering through the development of smart energy con - deal maker and learning about the businesses I represented. trol products and increased online sales as well as These were two very different areas of law which involve continuing with their buy and build strategy. very different skills and so this was very difficult crossroads of my career path! What was the biggest issue you had to overcome in the case/deal? Who has had the most influence over your career? Timing! Following a very successful first half of 2014 for the A variety of people over the years but no one particular per - AIM market, after much debate, we had deferred the origi - son. I often find that clients are full of wisdom and useful life nal admission date to avoid the summer lull but then on the advice for progression and success. opment programmes relating to innovation and interna - week on which we issued the intention to float, other estab - tional strategy which clearly enables you to develop a dif - lished names were withdrawing their initial public offers Why did you become a lawyer and would you still make ferent and adaptable skill set which can only be beneficial and this was definitely a nail biting moment, particularly the same decision now? for both your own personal development and the client ex - when the vast majority of the hard work in respect of this I became lawyer for a number of reasons which included perience. process had been done! Fortunately, the Group were unde - money, the hope of ending every working day like an terred and Entu was admitted to the market on 30 October episode of Ally McBeal and obviously the desire to help peo - What are your plans for the future? 2014. ple win those battles! Whilst this career path is challenging, Hopefully partnership! In any event, I definitely want to play and is increasingly difficult to enter into, I do think that the some significant role in developing the strategy at Ever - What has been the highlight of your career to date? legal world is now developing to such an extent that being sheds. As a very junior lawyer, I was involved in the initial buy and a solicitor is no longer just about technical ability and rain build strategy developed by two former employees of the making but it is about being a well rounded and trusted BBC who had the foresight to set up a post television pro - business adviser and becoming involved in wider projects If you have been involved in an interesting case, deal or duction company in Manchester city centre ahead of the and business strategy which opens up the possibilities and merger and would like to participate in Lawyer of the Month, completion of Media City and the arrival of the BBC. To - experiences beyond the world of M&A. This is particularly please contact Julia Baskerville on 01253 829431 or email gether we selected target businesses and grew their busi - the case in a firm like Eversheds LLP where you are strongly [email protected] ness over the period of 3 years enabling them to be a encouraged to participate in the firm initiatives and devel -

12 Law News Introducing Family Dispute Resolution Manchester Free Conference - #abetterway Legal Help The 2014 Family Dispute both presented at all three tionally to being more generally as well as explor - Resolution week took events. All three audiences thoughtful and analytical ing how private FDRs and Manchester Free Legal Help, a new and innovative pro place during the last week were a mixture of therapists, and better able to consider early neutral evaluation can bono project, has opened on the 2nd floor of the Man - of November. All over the family consultants, media - what they need to do to help parties to resolve mat - chester Civil Justice Centre. country, professionals in - tors, financial advisers, ac - move forward. She consid - ters. Nicholas Allen drew to - volved in dispute resolu - countants, solicitors and ered the different patterns gether the reasons why The Centre is a unique partnership between The University tion (DR) produced barristers from the local of dispute and how profes - dispute resolution is so im - of Manchester's School of Law and Manchester Legal Serv - articles, wrote blogs, fran - area, who already work in sionals can help by ac - portant in today’s world. He ices, with the support of LawWorks. The project aims to pro - tically tweeted and ap - DR or who want to do so. knowledging, building spelled out that reliance vide assistance to those who need legal advice and support peared on television and trust, clarifying issues, defin- upon the court to resolve but are unable to afford it, or are not entitled to Legal Aid. radio to raise public The overarching message ing the process and the op- parties’ issues is simply no We do this by linking clients with the most appropriate sup - awareness of the impact from all of the presentations tions and encouraging the longer a viable option in port service, or pro bono lawyer, for legal support and ad - of a contested divorce and was that family law is parents to think about how many cases. vice and in some cases representation. that there, is to quote Res - changing and DR is the fu - their children may be feel - olution’s twitter cam - ture. It is no longer the case ing. Courts will always be re - We aim to enhance existing services by providing a compre - paign, #abetterway to that solicitors control the di- quired and there will always hensive network and a clear and effective pathway between deal with the breakdown vorce process and deal with The skills she discussed are be cases which are not suit - pro bono providers. The Centre aims to assist clients in tak - of a relationship than con - all issues arising between used within the mediation able for other options. ing the shortest route to the most appropriate advice for tested court proceedings. the parties either voluntarily process and collaborative However, the three confer - their needs, thus saving time and resources. or in many cases within law. Her talk was therefore a ences were a clear reminder As part of the nationwide court proceedings; and im - helpful reminder to those that there are other options We understand the impact of legal aid cuts on both clients events, Mills & Reeve solici - portantly, there is #abetter - already doing this work, as which will undoubtedly be and the legal profession, and accept that our service should tors worked closely with 29 way for most families to sort well as providing an insight better in the vast majority of not be seen as a substitute for LSC funding. Our project is Bedford Row and local Res - out their issues. As the key to those without first-hand cases and that solicitors and committed to ensuring litigants in person receive access to olution committees and DR note speakers (all of whom experience, of how media - all other DR professionals justice. pods to sponsor and host 3 were counsel) all independ- tion and collaborative law have to accept the responsi - separate conferences in ently confirmed, following can help families to move bility of making these other We have been delighted with the support we have received Birmingham, Cambridge the budget cuts over the forward in a way that court options work for all the fam - from local Law Firms, Chambers, the Judiciary and other vol - and Manchester. last few years, the court sim- never can. ilies involved. untary agencies. We are still actively looking to involve as ply cannot provide the serv- many volunteer lawyers as possible to assist in providing As well as being an oppor - ice that clients and their Jonathan Pease talked All those attended came free legal advice and support. tunity to discuss DR, all of solicitors hoped for and ex - about on how professionals away recharged and refo - the profits from the events pect. There are too many can better work together in cused on steps that can be This could be through providing brief advice to clients by will go to charity. The Man - cases and insufficient order to provide a service taken to improve the expe - email or telephone, or by acting as a referral point to send chester and Cambridge judges and support staff, that clients want. It is not riences for the families they clients for face-to-face advice sessions. The level of commit - events supported Kids in meaning significant delays, just the government and deal with. Roll on DR week ment is entirely up to the individual and any support in the the Middle, with Duncan which in turn means a the courts which have led to 2015! project is greatly appreciated. Fisher attending to explain greater financial and emo - the revolution in family law. the work done by the char - tional cost for the individu - As Johnathan reminded us, Many thanks to those who Volunteering at Manchester Free Legal Help could enhance ity and to introduce the als involved. The we are in the 21st century, supported, organised law firms’ corporate responsibility objectives. In addition it charity’s new song “Christ - government will not make a and clients no longer want and/or presented at the could give trainees and junior lawyers the opportunity to mas at my Mum’s House”. U-Turn on the cuts and to pay clients for informa - conferences, including: gain valuable skills through interaction with clients. Further information can be more money will not be tion that is freely available found on their website: thrown at the courts to im - on the internet. He high - Alison Bull, Sue Brookes, If you are interested in finding out more, or supporting www.kidsinthemiddle.org.u prove the position. So we all lighted the shift from the Marc Saunderson, Hayley this project, please contact: k (please take a look and be - have to find alternative traditional clients who re - McCormack, Hannah Wilson Dinah Crystal OBE come a supporter). The ways to resolve family issues lied solely on their solicitors & George Sprague (all DR Centre Director Birmingham event spon - and to help support families to manage the whole practitioners at Mills & [email protected] sored local charities: Birm - as much as possible; and process for them to the Reeve LLP) ingham Children’s Hospital, whilst we do so, we are find- modern day clients who are Maura McKibbin (mediator or the Project Coordinator, Clare Johnson and Project In - Acorns Children’s Hospice ing that DR has the poten - consumers, who know their and collaborative lawyer), tern, Alex Kelly by emailing freelegalhelp@manches - Trust, Homestart, Birming - tial for producing better rights and who have free ac- Liz Mathews (Cheshire Me - ter.ac.uk ham Crisis Centre and Spur - outcomes for most families. cess to the internet. His talk diation), Bernadette Willems geons Beyond the Horizon. The courts may then focus was a timely reminder that ( Media - Alternatively you can call us directly on 0161 2405034. The events were also an op - on the minority of cases in solicitors in particular need tion Ltd) portunity to question those which use of the court to embrace these changes David Walden-Smith, attending about their re - process is essential to pro - and move with them rather Nicholas Francis QC and cent experiences and the re - tect families. than resist them and be left Nicholas Allen of 29 Bedford sults of the survey will be behind. Anyone working in Row produced in due course. The other key message from dispute resolution needs a Duncan Fisher (Kids in the the conference was a re - strong network of other Middle) The week began with the minder of the impact that professionals from whom Lisa Parkinson, mediator Cambridge event being divorce has on children, they can draw as resources Johnathan Pease, mediator chaired by Hannah Wilson with videos being shown to for clients as and when re - and family consultant (New of Mills & Reeve, as chair of highlight how children can quired. Landscape Mediation) Reso - the Cambridge DR pod, and be effected. Anyone work - lution, and all the local pods with David Walden Smith ing in family law has a re - David Walden-Smith ex - and committees who from 29 Bedford Row as the sponsibility to help the plored how “med-arb” can helped to spread the word. key note speaker. Birming - parties to ensure that the be a realistic alternative to ham followed next with damage caused by the fam- court. This is a process Marc Sanderson of Mills & ily breakdown is kept to an whereby mediation is com - Reeve chairing the event absolute minimum and that bined with arbitration to en- and Nicholas Francis QC of issues are resolved as con - able individuals to discuss 29 Bedford Row presenting structively as possible for and hopefully agree the is - the key note speech. Man - the sake of all concerned. sues that need to be re - chester then concluded the DR processes keep this re - solved in their case but with week, chaired by Maura sponsibility centre stage. the introduction of arbitra - McKibbin, with Nicholas tors at points where parties Allen of 29 Bedford Row as With this in mind, Lisa hit brick walls and can go no key note speaker. Mediator, Parkinson discussed how further in the mediation Lisa Parkinson, and professionals can help process until the issues are Johnathan Pease, a media - clients to move from react - resolved. Nicholas Frances tor and family consultant, ing instinctively and emo - QC discussed arbitration

14 Local News Trafford Law Society donate to Trafford My Other Life Domestic Abuse Services At the end of 2014 Trafford Law Society made a charity donation to the Trafford Domestic Abuse Service. The Funds were used by TDAS to provide christmas presents for the chil - In our occasional series, Julia Baskerville talks to Emma dren and also for trips out at Easter. Henson, a Trainee Solicitor at Weightmans who participates . in Dressage competitions with her horse “Batman”....

Emma Henson is a trainee horse, until she went off to Bury Farm Equestrian Cen - solicitor in the Manches - Nottingham Trent Univer - tre. Emma’s team, “the Rat ter office of Weightmans. sity, where she was the Cap - Pack”, was placed 18th out She currently works in the tain of the University riding of the whole of the UK. This corporate team, but was team. Settling into her legal year Emma hopes to qualify previously with the em - career, Emma wanted an - again, as well as taking part ployment team in the Liv - other horse and her in other competitions and erpool office. boyfriend eventually dressage events. bought Batman. She says “I However, Emma’s day starts was delighted, although he Despite the long commute very early. Not only does was a combined birthday to and from work, Emma she have a very long com - and Christmas present for says that she loves living in mute from North Wales, she the foreseeable future.” North Wales and is fortu - begins her day by sorting nate to have stables at Batman’s stable, feed and Emma and 7 year old Bat - home. Although owning a water and putting him out man entered the Team horse and competing is a to pasture, all before setting Quest competition last sea - huge commitment in terms off for work! son, organised by British of time, Emma says that she Dressage, taking part in var - still finds the time to so - Emma has ridden horses ious heats before qualifying cialise with friends and take since she was around 3 for the national champi - part in MTSG and MJLD so - years old and always had a onship which took place at cials and events.

L to R Faye Beech (Nicholls), Edward Michell (Slater Heelis), Kirsty McAllister (TDAS), Alison Barnett (Darbys) and Sarah Turnbull, President of Trafford Law Society.

Content and the customer journey Content is vital in online blogs are therefore great These individuals will be marketing. From attracting formats to consider. more likely to search for people to your site to seal - purposeful keywords (such ing the deal, it can be influ - Meanwhile you can aim to as 'employment law solici - ential at every stage of the be visible for informational tor' or 'unfair dismissal buying process. search queries (e.g. 'what is claim'), so ensure your land - unfair dismissal?') by creat - ing pages are optimised for However, the customer's ing in-depth advice guides these terms. needs will change and including these key phrases. evolve during this journey – 3. Decision and so how can a content strat - 2. Consideration and Differentiation Emma and Batman egy take that into account? Research Photo courtesy of SBM Photographic. You need to stand out from 1.Discovery and At this stage the individual the crowd when the cus - Awareness knows that they could get tomer finally decides to Would you like to take part in “My Other Life” help from a solicitor. How - seek help. Pages explaining This person has no idea who ever, they may still be con - your services should be per - please contact Julia Baskerville on 01253 829431 you are. They may not even fused as to how the process suasive and authoritative, be aware they need a solici - will work, what to expect, while client testimonials or email: [email protected] tor. However, they might and how to take the first and profiles of partners can have a problem or question step. give you that all-important – to which you can provide human face. the answer. The role of your content is therefore to provide in- Last but not least, ensure Content marketing could depth and practical infor - your content encourages therefore help this person mation. A legal services conversions. Make it as easy stumble across your name website should include as possible for a lead to pick while researching their helpful advice guides, step- up the phone or send an problem or browsing re - by-step explanations of the email, and do your utmost lated sites, or it might catch legal process, case studies to reassure them that it will their eye when a contact and FAQs. Your thought be the right decision. shares it on social media. leadership should also be Your content needs to be promoted with whitepapers Your customers and their easy-to-digest, shareable, or guest opinion articles, to needs are varied – under - ideally informative and en - show you really know your standing this is key to ensur - tertaining; lists, infograph - stuff. ing your content is as ics, quizzes, videos and effective as possible.

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randoxtestingservices.com/family-lawrandoxtestingsextestingservices.com/family-laaww I [email protected]@randoxxtesting.comtesting.com I 0161 741 2760 RandoxRandox TestingTesting Services HexagonHexagon Tower,TToowerr,, GroundGround Floor,Floorr,, CrumpsallCrump Vale,Vale, Manchester,Manchesterr,, M9 8GQ 16 Management Management Matters This column is now into its fifth year and feedback is still good. We would still like to receive observations and ideas for future issues. Please mail Bill Kirby at [email protected] or the publisher Julia Baskerville at [email protected]

Do we have a problem and are we facing up to it? o No profit retentions & reinvestment in the business. “Over 70% of law firms continue to renew their professional in - o Stress amongst stakeholders and staff affecting objectivity demnity insurance on the 1st October when the option to If it is not quite a Happy New Year for you and your firm it could change has been with us for the past two years – why?” Assure law offers a broad base of specialists to give financial well be that over the last five years not enough has been done guidance, advice on strategies to prevent recurrence and de - to turn your law firm into what it has to be – a business. With And now for something completely different – velop a platform for recovery and growth strategy, planning, clear accountabilities to deliver everything Electronic Presentation and Marketing of your firm that contributes to profit and perhaps more important working The focus is: capital. • Stabalising cash flow and working capital Diligent readers of Management Matters will recall that In No - • Generating the right and relevant management information vember I wrote about, inter alia, 'the need to address the busi - Every year many firms, including high profile ones in the north and KPIs and ensuring action against the data ness processes of the firm that affect profitability, efficiency, west have gone out of business because of lack of profitability • Being pragmatic and objective (sometimes difficult for those client relationships...to get the financial benefits of improved di - and cash but there are many others that get themselves sorted at the coal face) vision of labour'. out either with consultants like myself or if a little closer to the brink with specialist remedial organisations. Alan Webb adds “Outcome Focused Regulation requires law The ability to get any piece of work done (competently) at a firms to be run in a financially sound manner and the discov - lower cost is desirable in itself. It is why outsourcing of non-core 1. One local and high profile rescue was that of Linder Myers by ery of evidence of financial difficulties, such as cash flow prob - functions is being increasingly undertaken by firm’s intent on Assure Law www.assurelaw.co.uk . Director Alan Webb lems, is likely to be a material breach requiring immediate improving their profits. [email protected] reports that “Through an early in - notification by a firm to the SRA Such firms need “timely and ac - tervention and with all parties working together, we were able curate financial data and expertise to get the business back on Many areas of activity, from call handling to payroll to IT man - to bring about a solvent solution providing Linder Myers with a track. Assure Law is here to help through these challenging agement can be outsourced effectively. One area in which out - stable base from which to focus on growing their business or - times and get firms back on that right track” sourcing and automation can combine to yield significant ganically” and of this arrangement Tom Jack, partner at Big 4 Ac - improvements to the bottom line is in marketing activity. countants EY commented “The refinancing of Linder Myers Assure Law is offering a free Financial Health-check represents a very positive result for the firm and its clients, staff to members of Manchester Law Society During this past month I have had enlightening conversations and creditors and ensures it is now well placed to begin a new with Joe Reevy [email protected] and proprietor of phase in its long history” 2. Another alternative is the Legal 360 Group www.360legal - www.words4business.com www.legalrss.co.uk www.myin - group.co.uk headed up by Viv Williams v.williams@360legal - fonet.co.uk www.financialrss.co.uk . These businesses provide “The refinancing solution has avoided administration and inter - group.co.uk he also works independently with Legal & Financial content and campaign activities for many forms directly and in - vention by the Solicitors Regulation Authority, whilst preserv - Consultants Ltd. Viv and his team have worked with many firms directly. ing the jobs of approximately 300 partners and staff. A often referred by banks where they see a need for remedial ac - consensual approach such as this will no doubt be of interest to tion Marketing, for many firms, is very heavily based on the involve - a sector that continues to experience a number of diverse and ment of fee-earners. Joe has pointed out 'The clue about the significant challenges”. Viv challenges that the “Safety in the pack mentality reflects on best use of fee-earners is in the name.' Not only are fee-earners the number of law firms still uncertain about their future strat - (including partners) normally the most expensive people in the & & & & & & & & & & & & & & Our management checklist last November and the managing egy, with a similar number (that’s over 7000 firms) that have still firm to employ, they are also how the firm earns its income. partner’s New Year’s resolutions in January helped provide $ $ $ $ $ $ $ not formulated a plan regarding their future. They have failed $ $ $ $ $ $ $ $ $ some common and helpful guidance but in addition Assure Law to address the fundamental questions: corporate structure; exit Everything that fee-earners do that isn't fee-earning therefore identifies some early learning lessons and succession planning; people and performance; and consol - is done at the greatest cost the firm can incur - the lost income $ $ $ $ $ • Seeking appropriate advice and action at the first sign of dis - idation to name but a few” their time should represent. tress gives a business the chance of a successful outcome. & & & & & & & & & & & & • Introducing careful financial management at an early stage Again our management checklist from last November can be a In terms of practice development, the most effective use of fee- means areas of concern can be ring-fenced to give a solid foun - great help laying down the fundamentals. We have discussed earner time is the face-to-face interaction that forms the final $ $ $ $ $ $ $ $ dation to the future of the business. over the years the future of the small independent law firm but link in the chain of new business acquisition, and as Joe points $ $ $ $ $ $ $ $ $ • Experience with firms that have suffered do have early warn - many are still there but their profile has changed from being out “include gaining repeat business from existing clients $ $ $ $ $ $ $ $ $ ing signs including generalist to being specialist. There are still 7,000 firms with be - also...always the least expensive business to obtain”. $ $ $ $ $ o drawings being in excess of net profits, tween one and five partners. & & & o reducing drawings Cost reduction in this process can be most easily achieved by $ $ $ & & & & & & & & & & & & & o high borrowings Viv firmly believes that there is a bright future of the independ - outsourcing the things that fee-earners do which are of less in - o continual borrowings to maintain drawings levels and to pay ent well run practice if the owners are prepared to accept trinsic value, but are still necessary. Blog and newsletter content, $ $ $ $ $ $ $ $ $ $ Tax & VAT bills change within their business. Dropping unprofitable areas of web content and so on are easily outsourced to professional $ $ $ $ $ $ $ $ $ o inability to borrow work or changing the business model to fit their clients’ needs content suppliers and there is every chance that their content $ $ $ $ $ are fundamental. will be more up to date* than the internal process allows and & & & $ Viv’s opinion is that “There are only two business models that the savings are massive.** $ $ $ & & & & & & & & & & & & work: these can actually work side by side in the same firm but Joe emphasises “The saving is magnified by the use of IT, which $ $ $ the key question is what model you are following? Commodi - allows web content to be distributed instantly to mobile sites, $ $ $ $ $ $ tised bulk processed services that represent unreserved activ - e-newsletters and across your social platforms using systems $ $ $ ity are at the greatest threat yet these activities were at the core such as Buffer or HootSuite. Add-ons such as bit.ly t can be used, & & & & & & $ $ of many law firms. Conveyancing will be in the hands of the again with automation, to obtain better data from your social lenders; probate is becoming a commoditised service with pri - $ $ & & & & & networking. Snip.ly is a free product designed to improve re - & & & & & & vate equity supporting non lawyer businesses - let’s not men - sponse rates (and does!)” $ $ $ tion the accountants” $ $ $ We all mainly witness that these functions are typically done in $ $ $ He challenges that “If you want to compete in these markets an unconnected way as separate bits of work, or fully out - & & & & & & $ $ $ you have to change your business model – workflows and sourced (often at great cost). With the newer solutions “All can & & & $ process are at the core of these models: outsourcing and de- $ all be integrated and if they are, you can save the $ $ $ $ $ $ skilling your labour force is also part of this new world. It also marketing/web management people a great deal of their time, takes significant capital investment which many law firms do allowing them to concentrate on more valuable work. The firms $ $ $ $ $ $ $ $ not have access to” that specialise in this sort of integration have done the prod - $ $ $ $ & & & & & Viv points out that a number of independent law firms are find - uct research and integration of 'best of breed' already, which is ing solutions by looking at alternative business structures; the also a big time-saver for busy marketer”. $ $ early adaptors have been unexciting but the new innovative Joe emphasises that “IT makes it easy to target content towards $ $ $ way that some smaller practices are finding solutions is both ex - the client's interests. Targeted material is interesting material, $ citing and innovative. I currently have several ABS applications which, increases time spent looking at it, return visits to your being processed with new law firm’s structures in conjunction website and reduces unsubscribes to e-newsletters.” with IFA’s; Estate Agents; barristers; accountants and other pro - fessional businesses. As you well know my very very hot topic is that crucially with Obviously not the solution for every law firm but identifying the increased volume of enquiries it is how you deal with those $ $ $$ $ $ $ $ these opportunities and getting professional help will is THE most important link in the new business chain. doubtlessly assist. Bill Kirby is a director of Professional Choice Consultancy of - - $$ Again our checklist clearly identified the need for our three year fering advice to firms on business issues from strategy, 7 strategy. It is an essential to surviving and thriving. planning, business development, the effective use of IT ap - Viv says “We have heard from numerous pundits what the prob - plications and IT hosting for compliance, business continu - lems are facing the legal profession but what we don’t often ity and DR. He can be contacted at hear are the practical solutions to those problems” - [email protected] !"#$%&'(%)

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On the 11th February, members of the MTSG will be attend - found on there. Information continues to be uploaded on a ing BPP Law School where a Commercial Awareness and net - regular basis and so please do take some time to have a look working session has been arranged for students from a at it via the following link: www.mtsg.org.uk. MTSG News number of universities in the North West. Our members will be there for the networking section of the evening and will be As always, please do not hesitate to contact me with any com - speaking with the students about their experiences of work - ments or queries you may have. In an attempt to cling onto the ing in the legal sector and applying for jobs. If you would like Christmas and New Year holiday to be involved in this or to find out about any other opportu - feeling, the early morning of 10th nities, please contact our Education Secretaries at mtsgedu - Kieran Duignan January 2015 saw over 40 people [email protected]. Chair 2014-2015 descend on Manchester Airport Pannone, Part of Slater and as they made their way to Val A key date to place in your diaries is Saturday 21st February Gordon Thorens for the annual MTSG ski 2015, which will see the Junior Lawyers Forum take place at trip. Numerous stories from the Manchester Metropolitan University. It is a collaborative effort The Manchester Trainee Solicitors Group provides social, educa - trip will now, I don’t doubt, have between the National JLD, MTSG and MYSG and the pro - tional, sporting and networking opportunities for junior legal emerged and you will be able to gramme for the day involves a variety of talks on topics rang - professionals in and around Manchester. If you would like to join see a selection of photos from the ing from commercial awareness to the use of social media and us as a paralegal, prospective trainee, trainee or newly qualified week on our Facebook page. advocacy skills. In addition to this, CV clinics and career advice solicitor, please visit the ‘Join Us’ section of our website: will also be offered to those who are interested. Attendance at www.mtsg.org.uk On the social front, our ‘January the conference is free of charge and is open to all of our mem - Blues’ event, sponsored by Dou - bers so please ensure you keep an eye on your emails, and our glas Scott, recently took place at Facebook and Twitter pages for further details about the day Revolucion de Cuba and our next FELT event, sponsored by and how you can sign up. BCL Legal, will be at Breakout Manchester. After this, we look ahead to the eagerly anticipated Inter-Professional Event on Finally, I also want to take this opportunity to announce that the evening of 19th February that will take place at Revolution the beginning of 2015 saw the launch of the new MTSG web - on Deansgate Locks. site. Details of all the events mentioned in this article, in addi - tion to updates on the wider business of the MTSG, can be CILEX News

The AGM of the Greater Manchester branch of CILEx took 2015 and so far has the following CPD events planned: Mandie also has the General Election in her sights: place on 8th January 2015 at the offices of Weightmans in 29th January 2015 - CV writing event (with Sacco Mann) Manchester. 26th February 2015 - The law on low velocity impact acci - “I want to work together with the new Government, as they dents (with Sovereign Chambers) will undoubtedly pursue further changes to the justice sys - Current branch Chair, 26th March 2015 - CPR and Litigation update (with 9 St. tem, and they must bring the legal profession with them as Rachel Stevens (nee Old - Johns Street Chambers) they do. Cuts to legal aid, increasing tribunal fees, and re - ham), was re-elected to duced legal advice availability are having a harsh impact on this position and is joined These events take place at 6pm and are open to both mem - the operation of our courts and how justice works in this by the following new com - bers and non-members. Please contact the branch via email country. I want us to work together to overcome these ob - mittee members: if you would like further details. stacles and ensure the public are able to access justice in a timely, affordable and meaningful way.” The Chartered Institute of Legal Executives If you would like any further information about CILEx gen - In her first public statement as chief executive of the Insti - erally please contact Chris Hoskin, CILEx’ Development Of - tute Mandie Lavin made clear that among her priorities is a ficer for The North of England: drive for innovation in meeting the challenges of a fast changing market: Phone: 07881 286267 Email: [email protected] “Recently, legal businesses have faced tough times, with an unrelenting pace of change. This year will see the first Char - tered run law firms, which will, over time, Chair – Rachel Stevens (nee Oldham) (pictured above) shake up the market further and provide greater choice for Secretary – Hazel Needham consumers. Like any new business, these firms will need to Treasurer – Saada Ali be creative and innovative, and I will ensure that CILEx sup - ports our members in these ventures. CILEx also has a wider As always the branch welcomes new members so if you are responsibility towards the legal community as a qualifica - interested in joining please contact the branch at: manches - tions provider. I want to ensure legal businesses and aspir - [email protected] ing students can continue to rely on our qualifications to be rigorous, affordable and fit-for-purpose.” The branch is currently putting together a list of events for

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Contact MLSADVANTAGE Ste Pritchard: 08000 740 247 or [email protected] 22 Law Update TUPE service provision changes – which employees are in scope to transfer?

The ruling of the EATs in feree. One of the conditions ing out of activities for the The EAT held that the Em - a conscious decision to or - Costain Ltd v Armitage and is that there must be “an or - Welsh Assembly under the ployment Tribunal Judge ganise the employee(s) to ERH (Costain) and London ganised grouping of em - contract. His role was to had failed to consider the service a particular client. Borough of Hillingdon v ployees” whose “principal concentrate on activities contractual duties of the Regard should always be Gormanley (Hillingdon) purpose” is “the carrying under a number of con - employees and their role in had to the way the organi - have highlighted that, for out of the activities con - tracts (including that for the the organisational frame - sation is structured and the an employee to be eligible cerned on behalf of the Welsh Assembly), some of work of the alleged trans - employee's contractual du - to transfer under TUPE client”. which had not been trans - feror. Under their ties within that organisa - where there has been a ferred to Costain. Mr Ar - contractual terms and con - tion. service provision change, What constitutes an or - mitage had not been ditions, the employees the employee must have ganised group of employ - consciously assigned to the could be required to per - Practical tips consciously been put into a ees? grouping of employees form duties other than for group to service the con - servicing the Welsh Assem - Hillingdon (e.g. one of the Bidders for contracts should tract which is to be trans - In the Costain case, Mr Ar - bly contract; rather, he had employees was company request as much informa - ferred; it is not sufficient mitage was a project man - been involved in the work secretary). As such, the EAT tion as possible from the that the employee happens ager for ERH, who provided under the contract for a sig - ruled that the employees current service provider, to Rachael Kirkup to spend the majority of communications services nificant period of his work - were not assigned to an or - ascertain which employees their time delivering the under a contract for the ing day, by happenstance. ganised group of employ - (if any) will transfer. Informa - contract. As with the lorry drivers in ees servicing the Hillingdon Welsh Assembly. The con - tion about percentage of charts and memos, etc. the Eddie Stobart Ltd v contract. tract came up for tender time spent servicing a con - Consider requesting access What is a service provision Moreman and Others case, and was transferred to tract may not provide a full to the outgoing provider’s change? because there had not been Conclusion Costain. ERH asserted that picture as to whether an staff pre-transfer, to inter - any deliberate planning or Mr Armitage had trans - employee is truly assigned view them and find out A service provision change intent to organise the em - When considering the ap - ferred to Costain under to an organised group, es - more information about usually occurs when a client ployee in question into a plication of TUPE to service TUPE as, immediately be - sentially dedicated to deliv - how they spend their time engages a contractor to group by reference to the provision changes, it is im - fore the transfer, he had ering the service. on a weekly basis. carry out activities on its be - spent 67% of his time work - requirements for the partic - portant to clearly define the half, or subsequently reas - ular client, the employee fell “organised grouping of em - ing on the contract. Both Consider requesting other Brabners regularly provides signs the contract, or brings outside of the scope of ployees” before assessing Costain and Mr Armitage information to help deter - TUPE advice to incoming the work back “in-house”. TUPE and did not transfer. whether an employee has contested that his employ - mine whether there has and outgoing providers of Provided certain conditions A central question in the consciously been assigned ment contract had been been a conscious decision services, in relation to out - are met, the Transfer of Un - Hillingdon case was to that group. The percent - transferred. to organise the employees sourcing agreements and dertakings (Protection of whether the three claimant age of time spent by an em - to service the particular service provision changes. Employment) Regulations employees were assigned ployee working on a The EAT held that, despite client and/or whether their Please contact 2006 (TUPE) ensure that the to an organised grouping of particular contract should the fact that Mr Armitage contractual terms require [email protected] employment contracts of employees, the principal not automatically indicate had spent the majority of them to perform duties m for more information. the employees who were his time on the contract im - purpose of which was to his inclusion in (or exclusion other than for the client in assigned to work on the mediately before the trans - carry out painting and dec - from) the organised group - question e.g. employee’s job contract in question are au - fer, the nature of his role orating work for housing ing of employees who will description; job title; shift tomatically transferred from meant that his principal stock on behalf of Hilling - transfer under TUPE. There pattern; contract of employ - the transferor to the trans - purpose was not the carry - don, the client. also needs to be evidence of ment; ‘team’ organisational

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GLVFRXQW RƧWRWDO IIRRRG ELOO Risk Update

Welcome to the February edition of Risk Update.

ContactContaact uuss fforor ffrfree,ree, nnoo oobligationbligation aadvice:dvice: KevinKeKevevin McParland,McParland, T:T: 01610161 2362236 25322532 ManagingManaging DirectorDireecctor E:E: [email protected]@m-fff-l.cco.uk

JohnJohn JJones,ones, T:T: 01610161 2372237 77397739 DevelopmentDevvelopmeent E:E: [email protected]@m-fff-l.cco.uk ExecutiveExxeecutivve MFLMFL PProfessionalroofffessionaleessional iiss a ddivisionivvisioon oof MMcParlandcParland FFinninn LLtd.td. McParlandMcParllandnd FFinninn LLtdtd iiss aauthoriseduttthorhoriseed aandndnd rregulatedegegulateed bbyy tthehhe FFinancialinnanccial CConductonnduct AAuthority.utthorhoority. Want a FREE Workplace Wellness Talk? Read on… So, it’s 2015 and one thing we definitely didn’t do enough of last year is reach more people, especially time limited professionals, with some great, free information on how to look, feel, and perform better, and generally have a better life. With that in mind, this year we want to come to as many offices as possible to deliver a free 30-40 minute talk which delivers real world information that is practical and actionable. If you think your workplace or team would benefit from a totally free wellness talk, we’d love to get involved. All you need to do is email [email protected] for further details. Here’s the top line: - Delivered by three sixtyº founders Matt and Dee - Takes about 30-40 minutes - Definitely not boring, the more questions the better! - Slide deck available online after the talk so attendees can make better use of the material Here’s what others have to say: “The presentation was excellent and the knowledge, not to mention the practical advice, that Dee, Matt and the team at three sixty° have to offer is inspirational. The feedback from my team, and my boss, has been fantastic – the whole team felt energised and valued” - Mike Rose, Regional Director, Santander Why are we offering free talks? Well, we’re passionate about what we do and we love helping people. To the right are a couple of sample slides: For more information contact: [email protected] To your new lean and healthy body,

Matt And best of all, it’s totally, three sixtyº Personal Training is a health clinic and personal training gym based on Bridge St. For more information visit www.threesixtypersonaltraining.co.uk twitter: @threesixtyfit facebook: /threesixtyfit 100% FREE. Manchester Law Society Members receive a 10% discount on personal training upon production of their Benefits of Membership Card 28 Lifestyle The W rld according to Fran Jack was very pleased to be able to show me something he had found on facebook (the ob - Hat. Anyway he came downstairs and, thank goodness, it vious research place of choice!) from America (where else!) that said that it was not good wasn’t the Benidorm Bobble hat it was the French Fedora for your skin to shower every day. – better if only slightly! Make your own minds up! Any - way funnily enough as he was wanting a lift into Manches - I was at pains to point out that it did also state that you should shower every couple of days ter Jack was very chatty and actually had a 5 minute and NOT every couple of weeks as he would like to do! conversation with me!

He is still working at the Hilton and when he is not at work is still spending most of his time I duly drove him the forty either in his bed or lying on top of it! minute drive into town, giving him a “mother lec - It was his “works end of year party” in January. Obviously as the hotel is busy during the ture” about the perils of Christmas period they don’t have their party until January. The event is held in the ballroom drinking too much, taking at the Hilton. It is a sit down meal with some drinks and they bus in waiting staff from an - drugs, take away cleanliness, marauding vagabonds, mili - other Hilton to serve so that everybody can attend. tary coups, civil unrest and any other potential danger that might possibly occur. There are the usual awards, a fab raffle and dancing, and copious amounts of alcohol no doubt! Jack said that he was going to stay at his dad’s as he lives so much nearer to town and a taxi there would only be Jack said that he was going to go. I was really chuffed as I was getting a bit worried that he about £10 as opposed to £45 to our house. Good decision may ask for his x box’s hand in marriage before too long. Anyway the big day arrived. He you may think. actually had a shower and a shave AND wore ironed clothes – albeit by me – but they were ironed! Well it may be for Jack’s bank balance but not for his mother’s nerves. I would not know that he had got home safely – how would I sleep? Would I end up pacing the floor all night wait - My reader will recall that last summer he bought a big woolly bobble hat to go to Benidorm ing for replies to numerous texts from me asking if he was okay and working myself into a with. Well he said he was going to wear a hat for this party and I was really getting quite neurotic mess when he didn’t respond to any of them. worried. How am I going to tell him in a positive and thoughtful manner that he will look like a completer and utter idiot (or words to that effect?) if he wears the Benidorm Bobble Anyway Peter made me finally go to bed but I 9didn’t really sleep that well and kept check - ing my phone every five minutes to see if he had text me (or is it texted?)

Anyway I got up the next day having heard nothing – no news is good news and all of that…………….. Monthly Competition I went to work and had a discussion with the team about what was the appropriate time to text or call Jack to see if he was okay.

The Gym Manchester Portland Street It was decided that I should NOT phone him and really I shouldn’t text him (after all he is 19) but if I needed to I must not do so until the afternoon. I proceeded to carry on my day, al - Win two 3 month Gym Memberships!! beit nervously.

We believe our Gym in Manchester Portland Street is the best Later on that day we had our first council meet of the year and on the way to the meeting in the city, and not just because they offer one of the lowest (being hosted by Eversheds – thanks guys – really excellent sandwiches, cake AND cheese membership fees out there. & biscuits – none of which I could have as am back on Slimming World BIG STYLE after Christmas) I had time to make a quick call. I decided that I would phone Peter to see if Jack First of all, it’s open 24/7. So you can workout at exactly the had got home instead of contacting Jack himself. Bad idea as Peter told me that he hadn’t time that suits you. come home yet and he hadn’t heard from him.

Secondly, you can workout without being weighed down by I had to get through the whole of the council meeting whilst worrying that Jack had ended a contract with all our membership options. You’ll find our up in the canal. I knew he wouldn’t be in hospital or a police station cell as he would have Manchester Portland Street location is equipped with high phoned me before now. I was really, really worried, on the verge of hyperventilating and spec kit, and lots of it too. And the whole space offers a much phoned Peter when we got back to the office at about 2.30 pm to tell him that I was going lighter and more uplifting space than most of our competi - to be calling out the police, a helicopter search and rescue team, the army, underwater tors. divers and a private detective.

Of course, wherever you are in the country you can manage You can only begin to imagine the words that were exchanged then with Peter and when I your membership online with the member’s area. Just log in got home with Jack when Peter calmly tells me “Oh he’s home. He’s actually been here since at the top right of any page to check out the latest news, 6.00 am this morning. When he came in you were in the shower so he just went straight to view our personal trainers’ details and book a session or read bed” our top training tips and health advice. Aaaaaggggghhhhhhhhhhhhhhhhhhhh! All that worry for nothing! Apparently after the party he went to the Casino 235 and didn’t come out until about 5.00 am and rang his dad You can even delay the start date for your membership, until the time is right or when to say he was on his way to stay with him and funnily enough his dad didn’t answer so he your existing membership at another gym ends. came home in a taxi! Peter didn’t know that he was home as the door to his bedroom was closed and we very rarely open the door for fear of catching a contagious disease or being Sound like your kind of place? Join The Gym Manchester Portland Street right now. suffocated by the piles of clothes that will undoubtedly fall out of the room and suffocate The Gym Manchester Portland Street - Tel: 0844 873 2142 us if we do open the door, and as Jack was obviously comatose and didn’t move until about Floor 2, Bank Chambers, Faulkner Street, Manchester, Greater Manchester, M1 4ET 3.00 pm when he finally stirred from pit, Peter didn’t know that he was home either! To be in with a chance of winning 2 three month memberships please answer the following question: I didn’t know whether to laugh or cry but am now having pres - sure alarms installed on his bedroom door ! Q: What are the opening hours of The Gym? Fran Eccles-Bech and send to [email protected] no later Chief Executive than 12th February 2015 The winner of the Hale Bar & Grill competition was Felicity Fleming of Heaney Watson

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Contact us.... Advertising enquires THE MANCHESTER LAW SOCIETY [email protected] 64 Bridge Street, Manchester M3 3BN www.baskerville-publications.co.uu Tel: 0161 831 7337 Fax: 0161 839 2631 www.manchesterlawsociety.org.uk All rights reserved, reproduction in whole or part without written permission from the Publisher and Manches - Editor: Fran Eccles-Bech ter Law Society is not permitted. Photographic material and manuscripts are supplied at owners risk, neither the E-mail: [email protected] company not its agents accept any liability for loss or damage.

Publisher: Julia Baskerville Publications The Society welcomes articles and letters from members on any topic and items should be sent to the above ad - 25 Southworth Way, College Farm, Thornton Cleveleys, Lancashire FY5 2WW dress Tel/Fax: 01253 829431 The views and opinions expressed in the Manchester Messenger are those of the individual contributors and not E-mail: [email protected] of the Manchester Law Society At Clayton Legal your talent matters...

At Clayton Legal your talent matters...

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Proclaim Developer – Manchester £28-40k Real Estate Solicitor 0-5 years PQE- Manchester- Proclaim Developer required for an award winning practice. £negotiable- Ref: 18624 Yo u will be the Proc ...solaim g uweru w specialiseithin the IT tea inm, rconnectingeporting Ayourn inte rlegalnationa talentl Law F irtom wopportunitiesish to expand the irnationwide Transactional directly into the CTO and taking complete responsibility for Real Estate practice by recruiting an additional Associate to the Proclaim system. This will also involve training of their team in Manchester. The successful candidate will have colleagues. gained the right level of experience needed to be able to un - Contact Fiona Turner. dertake this role. You will have an excellent academic record and technical ability. You will want to join a firm where SEO/PPC Executive – Manchester £25k lawyers are encouraged to take on as much responsibility as The expansion of this independent law firm in Manchester they can handle, and to develop their own business. means they require a SEO/PPC executive to manage the Contact Matthew Leach search engine optimisation and online marketing activities of a number of websites. SEO and PPC best practice and Personal Injury Fee Earner- Manchester- £24,000 to techniques experience is required. £30,000- Ref: 18563 Contact Fiona Turner I am recruiting for an experienced Personal Injury Fee Earner who specialises in Employer’s Liability. Candidates will have Personal Injury Paralegal – Manchester - £20,000 1 to 3 years experience (non-qualified or qualified.). Ref: CMS018671 Applicants must have demonstrable experience of running A reputable law firm is looking for an experienced Paralegal. their own Litigated Employer’s Liability caseload. Candidates You must share at least 12 months experience of handling are also expected to have a proven billing track record.Ideally matters via the Portal and be familiar with Pro-claim Software. you will have knowledge of Proclaim case management Contact Naomi Melling. system. Contact Matthew Leach Conveyancing – Manchester- Ref: 18649 I am recruiting for a Conveyancer to assist in a busy Con - RTA Litigation Executive – South Manchester – up to veyancing department based in Manchester. Candidates £30,000 – Ref 18387 should be 2-3 PQE, with experience in a variety of areas in A multi-disciplinary practice based in South Manchester wish Residential Conveyancing. Commercial Conveyancing experi - to appoint an experienced RTA Litigation Executive ideally ence is desirable.The candidate will be required to assist the with Fraud and multi-party experience. current senior fee earners between two offices so a driving li - Contact Matthew Leach. cence and car are essential. Salary will be consistent with market rate and candidate experience. Contact Steph Griffiths Private Client Solicitor – Manchester- Ref: 18612 I am currently assisting a well established firm based in South Clinical Negligence Solicitor- Manchester- £DOE- Manchester appoint a Senior Private Client Solicitor. The Ref 17506 candidate should be able to demonstrate a pro active client A National Law Firm are currently recruiting for a Senior approach to legal practice and client management; applicants Clinical Negligence Solicitor/ Associate/Partner. The Firm are should have at least 5 years PQE with a very strong now recruiting due to relocation within the team. They background of experience within Wills and Probate. It is currently require a Solicitor ideally 10 years PQE+ to handle a essential the candidate is STEP qualified. caseload of complex Clinical NeForglig emorence cl aonims these. and otherCo nvacanciestact Steph G rpleaseiffiths contact Clayton Legal Contact Lauren Connors telephone: ŘřşşŚŚŝšřŚř email: [email protected] Where talent Formatters more on these and other vacanciesvisit our website: please www.clayton-legal.co.uk contact Clayton Legal telephone: ŘřşşŚŚŝšřŚř email: [email protected] Where talent matters visit our website: www.clayton-legal.co.uk N E W !

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