North West Law Tories plan £200 levy for all defendants convicted in courts March 2010 Every defendant convicted in a criminal court News would have to pay a levy of £200 under plans Regional Costs Judges being put forward by the Conservatives. Andrew page 4 Cowan of Ralli comments on the proposal... Specialist Family Lawyer for Abacus Dominic Grieve, the and is convicted, then it is Shadow Justice Secretary, perfectly acceptable to page 6 has said that a levy or a send out the message that fixed fee could raise £80 the prosecution and de- Hassall becomes Law Library President million a year towards the fence costs money — and costs of bringing criminals this fixed fee would do that,” page 7 to court. he said. Features Mr Grieve also indicated The levy would have to be that he would favour scrap- set at a reasonable level, so empt. It would only apply by the Commons Public Ac- Jackson on a Page ping the Legal Services that those on the lowest in- where defendants were counts Committee as “not fit Commission, the quango comes were not unable to granted legal aid, which for purpose”. Mr Grieve said: page 5 that runs the legal aid pay, Mr Grieve told The would mean more serious “The evidence suggests it is Business Valuations in scheme in England and Times. It would apply even cases that carry a risk of a not producing value for Wales, which costs £125 mil- to those on benefits, but serious penalty. money and so will be part of recessionary times lion to run. “It seems to me would not to every case; our quango review.” that if someone goes minor motoring offences or The Legal Services Commis- page 17 through the court process fixed penalties would be ex- sion was criticised last week continued on page 4 Regulars In House Q & A Law Society calls for re-think to flawed Kerry Crompton of IRIS Software Group Ltd page 9 Government energy planning laws Fran’s Foray used to interpret the law The Law Society is lobbying Parliament over the This month Fran talks to Greenwoods o There is considerable rep- Government's approach to the planning processes for major etition of existing planning page 11 infrastructure projects such as nuclear power plants. policies, but it is unclear why or what this achieves. Management Matters about the Government’s page 12 adoption of a site specific o The draft NPSs state that approach in the draft NPS they should apply to the de- Lifestyle for nuclear power genera- termination of applications tion. for planning permission out- pages 20-22 side the IPC regime, seem- The Government has identi- ingly overriding all other fied ten suitable sites for a planning policies such as Keep up to date with the Manchester new generation of nuclear local authorities’ develop- power stations and states ment frameworks which Legal Awards on Twitter that all ten are needed. have undergone public con- https://twitter.com/MLAwards Given that the NPS must be sultation and examination followed, this means that before a planning inspector once a location has been The Law Society has sub- projects. The decisions of identified as appropriate for David Brock chairman of the mitted written evidence the Infrastructure Planning that type of development Law Society Planning and setting out its serious con- Commission [IPC] must be and the NPS adopted, there Environmental Law Com- cerns about the frame- taken in accordance with will be little opportunity for mittee said: "Because of the work provided in the draft the NPSs unless that would the local community or democratic deficit in the National Policy State- be unlawful or the adverse other objectors to challenge process the Select Commit- ments (NPSs) for the de- impacts outweigh the bene- the suitability of the site for tee and Parliament have a termination of fits. The Law Society has al- nuclear development. That serious duty. They are the applications for major in- ways made it clear that it could only be done on the only democratic input into frastructure. believes this creates a dem- ground of unlawfulness or the process for determining ocratic deficit, because this that the adverse impacts our energy infrastructure The Law Society's Planning body is not accountable di- outweigh the benefits. and particularly the number & Environmental Law Com- rectly to the public. and location of nuclear mittee has identified diffi- The Society has a number of power stations." The Society culties which may The Law Society does not other concerns regarding agrees that the decision undermine the objective of have a view on the merits of the NPSs: making process needs to be speeding up decision mak- nuclear power generation, o The NPSs are policy state- ing on major infrastructure but the Society has concerns ments but they are being continued on page 4 The Monthly Publication of the Manchester Law Society Chancel Liability A chancel screening search does not conclusively establish whether a property is or is not subject to a chancel liability – so why pay for one? Just buy insurance online! No Screening Report Cost! No Admin Fee! No VAT! Below is a sample cost comparison for residential properties valued up to £500,000:

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Apart from the news on BVT the big recent news has un- their professional integrity as providers of impartial advice. doubtedly been the publication of Lord Jackson’s final report On top of the attack on the professional integrity is the argu- giving his review of civil litigation costs and, more impor- ment that the existence of referral fees and claims manage- tantly, giving his proposals for the future. I am not going to ment companies serves no useful purpose other than to attempt to summarise the report, many others have done introduce a layer of cost between the client and the lawyer that already and if you are in the field of civil litigation you and thus brings about an attack on the standard of the ad- will no doubt already have received one of the several sum- vice and service that the lawyer will give. Essentially they not maries doing the email rounds. only serve no useful purpose but additionally they squeeze the profit margin and this necessarily results in a reduction If you have not then we have published in The Messenger in the standard of service given. Robert Musgrove’s document entitled ‘Jackson on a Page’. He has also undertaken a more detailed review on Lord Justice On the one hand we have a call for the stringent mainte- Jackson’s recommendations and his comments can be found nance of professional standards by the abolition of referral at http://www.civiljusticecouncil.gov.uk/files/lord-justice- fees which serve no useful purpose. Implicit in this argument jacksons-report-recommendations-with-comments-by- is the assumption that if clients do not go to claims farmers robert-musgrove.doc then they will go direct to lawyers which will be better for all practices. Dan Cutts, Foil President has given his views of the report at the following website People on the other side of the argument however see a very http://www/insurancetimes.co.uk/story.asp?sectioncode=13&storycode=383303&c=3. different picture.

One major issue raised by Lord Jackson which, if the corre- A substantial number of law firms have been built upon busi- Referral fees, a spondence section of the Law Society Gazette is anything to ness models which have referral fees and the payment for go by, still divides the profession completely, is the question cases at the centre of their structure. These firms see referral return to of referral fees. fees, at their very worst, as a necessary evil, and at their best they are simply part of the marketing budget and operate to professional Towards the end of last year the National Law Society Coun- sub-contract the marketing for work to claims management cil passed a resolution in favour of campaigning for the abo- companies. standards, a lition of referral fees. To many of these firms referral fees do not distort the market level playing Lord Jackson devotes a short but nonetheless complete place they simply allow them to operate within a market and chapter to the question of referral fees in personal injury lit- compete with other firms and other businesses looking for field or a rigged igation in his report (Chapter 20 - pages 194-206). He con- the same work. centrates on referral fees in personal injury litigation because game? most of the submissions he received in relation to referral Some of the advocates in favour of referral fees see insurance fees related to that field of litigation. He does however com- companies, Banks and other major powerful financial insti- ment that if his recommendations concerning personal in- tutions as the main competition for future work (if not now) jury referral fees are accepted then serious consideration as and when alternative business structures arrive and that by John Dunn should also be given to banning referral fees in other areas without referral fees they will have no effective way of com- of litigation. Lord Jackson’s clear recommendation is that the peting with the marketing clout of these huge institutions payment of referral fees for personal injury claims be with their massive financial resources. On this side of the banned. fence the argument goes, that the abolition of referral fees will not result in clients seeing Solicitors direct it will simply At their simplest the arguments on both sides are fairly allow them to be swept up by the big players who will gain straight forward. On the one hand many lawyers see the in- control of the whole market. President’s Column President’s troduction and continuation of referral fees as an attack on continued on page 4

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President’s Column continued... Tory levy continued... services for victims of crime, not to the particular victim money (or not) and you take The call for the abolition of Lord Jackson’s clear recom- He is looking at a scheme to for judicial review chal- in a case). referral fees by insurance mendation is to scrap refer- your choice. This raises yet reap some of the interest lenges are not in the public further questions, i.e. how companies through the ABI ral fees altogether by either earned on clients’ money interest. The proposed £200 figure passing primary legislation effectively does the SRA reg- on the basis that lawyers do held by solicitors in their therefore appears excessive to prohibit selling personal ulate and police the ques- not need marketing and firms’ accounts: in France, Steve Hynes, of the cam- in the case of a defendant injury claims altogether, or, tion of referral fee payments that anyone who wants a this brings in about £300 paigning organisation Legal who pleads guilty. When a alternatively, he suggests by Solicitors and how effec- lawyer just needs to consult million. Action Group, said that the trial takes place, the prose- that the Code of Conduct be tively other Regulatory Au- Yellow Pages or the web, is proposal for a fixed fee for cution can apply for what- seen as part and parcel of amended so that Solicitors thorities police alternative The Conservative plans for all defendants sounded like ever reasonable costs it has that plan to control the mar- are prohibited from paying business structures over ex- the annual £2.1 billion legal “a headline-grabber”. incurred, to reflect the num- ket. By analogy, anyone referral fees. It does add the actly the same issue? aid budget come as con- ber of hearings and length who needs an insurance caveat that if the latter cerns are mounting among “The courts would end up of trial. Magistrates consider company can do exactly the course is taken then the My guess is that the argu- judges over government much of the time having to a defendant’s financial cir- same as anyone who needs Code of Conduct binding ments will run and run. plans to curb the costs. stop the money out of a de- cumstances and make an a lawyer. That does not upon ‘other legal represen- fendant’s benefits, hitting John Dunn appropriate order. however stop insurance tatives’ would have to be The Lord Chief Justice, Lord their innocent dependants companies having huge similarly amended. So on President Judge, is concerned about and creating an administra- Steve Hynes raises a good marketing budgets. this question you pay your measures to bring in tive nightmare,” he said. point regarding the knock means-testing in the crimi- on effect on dependents of Energy planning laws continued... nal courts to ensure that de- Andrew Cowan, Criminal defendants who receive fendants who can afford to Solicitor at Ralli comments: benefits. Whilst Mr Grieve speeded up, and the new process and when a devel- policy on nuclear power sta- pay towards their legal costs "The usual application for believes that a statutory tax system is undoubtedly opment consent application tions. The Government's do so. prosecution costs in respect on convicted defendants is quicker from submission to is submitted that will be 2006 Energy Review was of a guilty plea is presently “perfectly acceptable,” the consent. It should be an im- rather late to change things. successfully derailed by Meanwhile, the 600-strong around £85, and where a Courts must be allowed provement for those apply- The 'Parliamentary require- Greenpeace on the grounds Council of Circuit Judges fine is imposed, a further some discretion to take ac- ing for consent. But past ments' fall short of endorse- that the consultation had has warned that measures, £15 “victims’ surcharge” count of a defendant’s par- delays have often been due ment of a NPS by Parliament been misleading and seri- confirmed by ministers last (which is paid into a fund ticular circumstances." to a lack of Government pol- – the Secretary of State is ously flawed - it could hap- week, for curbs on legal aid aimed at helping improve icy (clear or not) and the only required to respond to pen again." new system is faster by not any resolution or recom- starting the clock until much mendations from a Commit- The Planning Act has pro- later in the process. The dan- tee of either House – and vided a new procedure to ger with it however is that will struggle to fill the dem- challenge a NPS by means of people will feel disenfran- ocratic deficit." judicial review, for those Regional Costs Judge chised by a largely paper who can afford it. The Law system with no public in- He warned, "There is a real Society believes that there Consequent on the retirement of District Judge Duerden, District Judge quiry." risk of judicial review against will be High Court chal- Gosnell has been authorised to sit as the Regional Costs Judge with effect the Government before the lenges to decisions of the from 1 April 2010. The criteria for reference of detailed assessments to a David Brock adds, "In reality, NPS has even been put in IPC as the principal means few members of the public place on the grounds of the available to objectors. Regional Costs Judge remain unaffected. seem to appreciate the need inadequacy of the public to engage in the NPS consultation on the draft Richard Holman Designated Civil Judge, Manchester

New Judiciary package will help more solicitors who want to become judges The Law Society is hop- pointments training “The Law Society is com- ing a new training and ed- courses throughout Eng- mitted to a solicitor’s pro- ucation package will land and Wales. fession that reflects the encourage and help society it serves. Such an more solicitors to become The Law Society and JAC approach should apply to judges. are working to improve un- the judiciary. derstanding across the so- The aim of this initiative is licitors’ profession of the “The selection process is to create a more diverse ju- opportunities for judicial undoubtedly challenging diciary, and to help more appointments, and to help for applicants and I hope solicitors start appoint- employers support solici- that the videos will assist ments. This is especially tors who are interested in candidates to see what is vital as the competition for becoming a judge. involved in the role play ex- judicial appointments is in- ercise before having to un- creasing. Baroness Usha Prashar dergo the test themselves Chairman of the Judicial on the selection day. We The new package includes Appointments Commission hope this resource will a video with a role-playing has agreed to address the mean talented solicitors are exercise prepared with the Law Society’s Firms Diver- better prepared for the role Judicial Appointments sity Forum on the issue in play exercise and make the Commission (JAC) and the February. She said it will be process entirely more Black Solicitors Network. an: “excellent opportunity accessible. Many solicitors Solicitors who do not spend to promote judicial ap- still feel disadvantaged in much of their working lives pointments to the larger the judicial appointments in a Courtroom or Tribunal firms.” process. There are miscon- have said they would like ceptions which the Law So- more help to prepare for The Law Society has also set ciety hopes to debunk with the role playing exercise, up a mentoring group of this package, including where the candidate has to solicitor judges so they can those surrounding the type play the part of a judge in a help and encourage col- of references required or simulated case. leagues as well as a forth- the right professional, edu- coming 'How to become a cational or even social There is also a programme judge' booklet to help fur- background.” of outreach training, where ther demystify the process. solicitor-judges share their experiences, and detailed Law Society President and extensive judicial ap- Robert Heslett says: Manchester Law Society News 5 What’s yours is mine… or is it? Jackson on a Page More people than ever be- of people seeking to hide fore are hiding their as- assets has now become a sets when getting significant majority.” Robert Musgrove, Chief Executive of the Civil divorced and aggrieved partners are now taking A case is soon due to go be- Justice Council summarises the the law into their own fore the Court of Appeal hands, says David Picker- that will decide whether recommendations of the Jackson Review ing, head of private client documents obtained in an at law firm DWF. underhand manner can be Major Recommendations: used as part of a divorce Mr Pickering said: “The prac- proceeding. 1. SF and ATE no longer recoverable tice of hiding assets, usually 2. 25% cap on SF by husbands, is encourag- David Pickering believes the 3. 10% increase in GD, uprated by judiciary at source by request of senior judiciary ing spouses to go to ex- outcome of this appeal will 4. Referral fees should be banned treme and often illegal set a precedent for future 5. One way costs shifting (“qualified” for unreasonable behaviour and uneven playing lengths to access their part- cases: “It will be interesting field) ner’s private documents to to see whether the Court of David Pickering of DWF - For: PI, Clin Neg, JR, Defamation (Consult for further suitable categories) prove that assets have been Appeal takes the view that hidden. the end, justifies the means, 6. Fixed Costs in F/T to £25k “Sadly, with uncertainty - Stage 1 matrix for RTA, ELA, PLA. Stage 2 to roll out wider (Housing, IP, TCC, and allows the introduction “The courts will then decide of evidence obtained by a around the law in these Chancery) types of cases, attempts by - Where not fixed in stage 1, recoverability cap of £12k for pre trial costs whether this information spouse using dubious can be used during the di- methods. divorcing couples to de- 7. Costs Council - Regulate and review vorce proceedings. ceive each other are only “It is a minefield for solici- likely to increase. It’s time Other Recommendations: tors involved in these cases “Attempts by a spouse to for the High Courts and the because they too could find Court of Appeal to restore hide assets during a divorce themselves in trouble if they 8. BTE should be used more, especially for SMEs (x-ref banning of referral fees) used to be rare. It is a sad in- public confidence in their 9. Contingency fees allowed in contentious business are found to have encour- decisions. ‘Hiders’ and ‘seek- dictment of where the aged or been involved in il- - Recoverable “conventional” costs (ie not contingency uplift) a la Ontario ers’ beware.”. higher family courts have legal activity on behalf of - Agreements to be regulated taken us with their deci- their clients in obtaining in- 10. CLAF/SLAS not currently financially viable, but should be kept under review sions that a small minority formation or documents. 11. Software generated “Predictable” damages - CJC Working Group to take forward 12. Monitor success of RTA Claims Process, to see if it can be rolled out further in FT 13. Clinical Neg claims (pre action costs racked up too high) - Extend response period to pre action letter from 3 to 4 mths (allow thorough investigation) Send your news stories to [email protected] - Where deft aims to admit liability obtain independent expert evidence on liability/quantum Deadline for the April 2010 edition is 10th March - Harmonise case management directions - Costs management Pilot 14. IP - PCC more cost efficient, costs recovered according to costs scales, cap recoverable costs for contested patent infringements to £50k, and £25k for all other IP cases 15. Small business disputes - High Court Judge in charge of Mercantile Court. The Streamline procedure (accessible to non-lawyers), HMCS to prepare a guide for small Law Costs Draftsmen businesses John M Hayes 16. Housing - Simplify the law (a la Law Comm), PCOL fees recovery where PCOL could Partnership be used, Amend Rent Arrears PAP for Art8 ECHR compliance by landlords, Amend Pt 52 PD re document catagories for defts in homelessness appeals, consultation legal aided party to ask court who should pay the costs 17. Large Commercial Claims - No major changes, LTWP Guide: Keep an eye on D6 (list When you have concerns about existing of issues) & reconsider in 18 mths, amend D4/D8 more frequent allocation to costing arrangements, you need a firm which: designated judges 18. Chancery - Push more into Chancery FT, benchmark costs for bankruptcy & insolvency •Delivers a professional costing service, 19. TCC - Introduce a TCC FT, otherwise OK in house if required 20. JR - Consider “qualified” one way costs shifting (perm’n stge means no need for 2- way) •Will collect and return files within ten 21. Nuisance - Greater take up of BTE in households 22. Defamation - SF/ATE non recoverable, increase damages by 10%, “qualified” OWCS working days 23. Collective Actions - Cost shifting should remain 24. Appeals - Changes to follow lower court reforms Interim: Where lower •Is experienced, supportive and responsive Court/Tribunal has no cost shifting, Appeal Crt can order each party bears own costs, or cap recoverable costs •Can deliver draft bills directly to your 25. PAPs - Individually useful. Gen’l PAP PD unsuitable as “one size fits all” Substantial desk by e-mail repeal 26. ADR - Vital but underused. Not mandatory. Information campaign for lawyers, public, SMEs. Handbook for judges and lawyers. •Gives free telephone advice 27. Disclosure - Lawyer training on e-disclosure. “Menu” of disclosure options for large claims where cost of standard disclosure likely to be disproportionate. Large PI/Clin •Avoids hidden charges neg excluded 28. Witness Statements & Expert Evidence - Case mgt to cntrl length of WS. Cost sanctions. 29. Case Management - More robust approach needed The John M Hayes Partnership - - Allocate work to judges with expertise (a move towards dockets?) Call us on 0161 835 4087 - Case remains with same judge DX: 14453 Manchester 2 - Standardise Case Mgt Directions - CMC and interim heargins effective, not formulaic Unit E, Deansgate Mews, Deansgate, 30. Costs Management - Training for judges in budgets. Standard Rules for Costs Manchester M3 4EN Management 31. Part 36 - Needs to go further. 10% increase on clmt’s recovery where deft fails to beat offer 32. IT - “E-Working” in TCC and Commercial Court to be rolled out in H.Crt/DRs/Cty Crts. 33. Assessments - New format for bills at Detailed Assessments. IT to streamline DA www.johnmhayes.co.uk procedure 6 Movers & Shakers George Davies Gives Turner another Red Card South Manchester law firm Gorvins appoints Ex-professional footballer Colin Murdock, now a new Family Law Team trainee solicitor at Man- Leading South Manches- of Family Law, including come our new Family Team chester law firm George ter law firm Gorvins has complicated financial mat- to the firm. Their appoint- Davies, recently sat on the announced the appoint- ters, pensions, and issues re- ments add to the already FA panel which dismissed ment of its new Family lating to children and reputable experience we a recent appeal by Sun- Law Team based at its cen- domestic violence. Nicola have in the field of private derland defender Michael trally located Stockport has advised clients from client law and we will look Turner. Turner was ap- office. both the private and public forward to our continued pealing against a red card sectors. success in this area.” for serious foul play given Parveen Lateef, who will to him during Sunder- head the department, The additional appoint- Parveen Lateef commented land’s game against Man- brings with her over 17 ments of Kerry Russell and “I am extremely pleased to chester City in December. years’ experience in all areas Felicity Drinkwater comple- be joining Gorvins, and am of family law. Parveen has ment the full range of serv- excited about working with Not only was Turner’s claim represented clients from the ices offered by Gorvins’ Nicola and our team. We will that the punishment was world of sport and enter- Family Law team.. continue to provide a prac- excessive dismissed, but his Colin Murdoch of George Davies tainment, together with tical, constructive and con- three match ban was in- cision highlights to players ing an appeal when making high profile businessmen The arrival of the new team ciliatory approach to Family creased to four as the panel that the panel will take into its decision and imposing and women. In 2006 brings the total of our pri- Law, whilst never losing felt that his claim had no account the prospects of punishments.” Parveen was appointed as a vate client fee earners to 15. sight of the need to provide real prospects of success. success of a claim and the Deputy District Judge on clients with a prompt and Colin commented “This de- player’s motivation for mak- the Northern Circuit. Commenting, Lorraine cost efficient service.” Lockie, Managing Partner of Nicola Fraser has over 15 Gorvins said, Specialist Family Lawyer for Abacus years’ experience in all areas “We are delighted to wel- Abacus Solicitors are de- fice at Reedham House, 31- lighted to announce the 33 King Street West, but will opening of their specialist also develop a following at Family Law Department the firm’s Stockton Heath headed by Alexandra Mat- branch. Managing partner tur, who is an accredited Geoff Underhill comments Law Society Family Panel that he is confident the ex- Member and a Resolution pansion of the firm will en- Accredited Collaborative sure existing clients receive Lawyer. divorce and family law ad- vice of the highest quality Alex joins from Rowlands, and practicality, and allow and has practised Family an extension to the firm’s Alex Mattur joins Abacus Law in West Yorkshire, and developing client base both more recently in Manches- in the Manchester City Cen- ter, for some 15 years. Alex is tre and Warrington. based at the Manchester Of- Pannone appoint disability rights specialist 45 year old Richard Cop- Commenting on his ap- son has joined Manches- pointment at Pannone’s Nicola Fraser, Kerry Russell, Felicity Drinkwater, Parveen Lateef ter solicitors Pannone LLP, Head of Personal Injury, as Head of the firms Dis- Richard Scorer said, ability Rights Legal Serv- “Richard Copson has acted ices team. in many judicial review pro- New Partner for George Davies ceedings, including leading Manchester law firm fully completed an MBA last He joins Pannone from cases in relation to disabil- George Davies has pro- year at The Open University South Manchester firm ity discrimination and pos- moted operations director and has been with George Glaisyers, where he devel- session proceedings. We are Mark Lockett to Partner. As Davies for 11 years. oped their highly regarded delighted to welcome him part of his new role Mark Housing and Welfare Law to Pannone and look for- will be responsible for the Managing Partner Mark Hov- Unit. ward to him growing our IT, HR and Business Devel- ell commented “Mark has reputation in the vitally im- opment Departments as been instrumental in imple- A graduate of the Univer- portant legal area of dis- well as for the administra- menting various processes sity of Wales, Cardiff, he ability rights.” Said Mr tion teams. Mark also man- and procedures in his role as worked as a Welfare Rights Copson, “Pannone is a ages various key projects operations director that Adviser for several years be- highly regarded firm both Richard Copson including the firm’s move have resulted in a more effi- fore joining Glaisyers in regionally and nationally. into new premises which is cient service for our clients. 1995, where he completed There is a tremendous re- due to happen later this Mark’s new role will mean his training, qualifying as a source of experience and who need them.” year. that he now takes responsi- solicitor in 1998. He was expertise here and I am con- bility of all of the non legal made a Partner at the firm fident we can deliver first Married with two children, Mark is the first non-lawyer teams bar the finance de- in 2004. class disability rights legal Richard Copson lives in partner at George Davies. partment at George Davies.” services to those in society Bollington, Cheshire. Mark, aged 40, is married with 2 children. He success- Mark Lockett

BARRY FRIESLANDER MCIArb P: 08453 960 340 Accredited Civil-Commercial M: 07973 394 803 & Family Mediator E: [email protected] Complex business & family finance disputes resolved W: www.dispute-resolve.co.uk Manchester Law Society Movers & Shakers 7 Two new recruits for the private Hassall becomes Law Library President Jonathan Hassall, a part- and the 125th anniversary ner in Linder Myers, solici- of moving into its present client team at DWF tors, has been appointed premises, built specifically President of the Manches- to house the collection and Law firm DWF continuing in private client law and ter Incorporated Law Li- featuring a Venetian Gothic its success and growth has specialises in inheritance brary. frontage. welcomed the arrival of tax planning for high net two new members to the worth individuals. The library, in Kennedy As a solicitor, Jonathan Has- Private Client Group at its Street, in Manchester city sall specialises in intellectual Manchester office. Henry whose expertise in- centre, offers membership property issues and insol- cludes handling divorce and to solicitors, barristers and vency. He joined Linder This brings the number of the financial settlements, academics. Its collection in- Myers as a partner in 2007. team members in Manches- separation and issues relat- cludes a vast range of legal ter alone to 16 and 40 in ing to children joins from books dating back to the He commented: “The Man- total across all its offices. Halliwells. He has over four 17th century. Modern law chester Incorporated Law DWF’s Private Client Group years’ experience in advis- books, law reports, statutes Library and its fine building is now one of the strongest ing on all areas of personal and journals are available are part of Manchester’s his- Jonathan Hassall teams in the North with a finance and family law. on loan. tory. However the library growing national profile. continues to provide a vital development of that service David Pickering, National In 2010 the library cele- service to the legal profes- to ensure that the library re- Paul Bricknell has joined as Head of the Private Client brates both the 190th an- sion in the north west and I mains relevant in the 21st an associate in the private Team said: “We are very Paul Bricknell and niversary of its foundation am determined to lead the century.” client team and Henry Ven- pleased to welcome two Henry Venables ables has joined as a solici- new recruits to our private tor in the family team. client practice. Keep up to date with the Manchester Legal Awards on Twitter We continue to expand the our Manchester office and Paul whose expertise in- team on the back of a the whole group across the https://twitter.com/MLAwards cludes will, estate planning strong performance over regions has gone from and probate issues joins the last three years, strength to strength and we from Mace & Jones. He has notwithstanding the cur- are continuing to build on The winners will be ‘tweeted’ on the night from the event so over eight years’ experience rent economic difficulties our success and expertise." see the results as they happen. Manchester & Liverpool based BCL Legal launches Steve makes an intellectual cutting edge mobile website for 2010 Over the past few years, the phones quickly and easily. been paid to the site’s overall way people search for jobs The key benefits for BCL design which reflects the move to Halliwells has changed and evolved. Legal’s candidates are based company’s brand position. The influence of the Inter- around flexibility and conven- The innovative layout is in a Halliwells has strength- said: “I am delighted to wel- being ‘pragmatic, commer- net, and the role it plays, is ience as the new mobile site readable format meaning ened its North West intel- come Steve to the team. His cial and solutions-driven’ now the defining channel allows them to look for a job there is no cumbersome lectual property practice expertise and enthusiasm with clients ranging from for job searches and is a re- discreetly, whenever they zoom in/ out option - instead with the appointment of for media and intellectual household names to smaller cruiters’ most important want. It provides an extra a simple scroll feature is in IP and Media solicitor property law will benefit all technology and media busi- platform. level of service that responds place allowing easy naviga- Steve Kuncewicz in Man- of our clients and provides nesses. to and addresses the needs tion. chester. real synergies with some of However, things never stay and requirements of the com- the areas where we have On his decision to join Hal- the same so; BCL Legal - pany’s key audience. James Batt, director of BCL Steve qualified as a solicitor been successfully winning liwells, Steve said:“Halliwells one of the leading legal re- Legal, commented; ‘It is vital with Cobbetts in 2005 be- exciting new clients. He will has an excellent reputation cruitment consultancies out- The Blackberry and iPhone for recruiters, just like any fore joining Ralli Solicitors in be a real asset as we con- for IP work with consistently side London which has offices compatible site boasts a num- other industry, to stay one January 2008 to set up their tinue to grow our client high commercial rankings; it in Manchester & Liverpool - is ber of unique features includ- step ahead and to meet the ing; 'send this job to a friend' Contentious Intellectual base. Steve’s arrival further offers the perfect platform this week launching a cutting needs of its clients. Searching edge and innovative mobile and ‘request a call back’. Po- for a job is always a stressful Property and Media prac- strengthens our substantial for me to develop my ca- phone friendly website. tential future additions may time and we want to make tice. He handles all intellec- team of experienced intel- reer, working with high include a bespoke text func- the process as simple and as tual property matters with a lectual property litigators quality clients and an expe- The site, a relative first in the tion which will automatically convenient as possible. particular emphasis on which make us the natural rienced team of lawyers.” recruitment sector, is an ed- forward specific and relevant media and new media is- choice for IP disputes of all ited version of BCL Legal’s job details to a person’s mo- BCL Legal’s mobile website is sues. types.” Steve is a member of the main website and is designed bile phone inbox. live now at Board of ProManchester to allow candidates access to www.bcllegal.com/mobile Partner and head of IPCT at Halliwells’ IPCT team has and a Trustee of the Five the jobs section via their Careful consideration has also Halliwells Jonathan Moakes been recommended as Stars Scanner Appeal.

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Government housing scheme appoints Eversheds advises Daisy Group on fourth Lewis Hymanson Small acquisition in six months 48,000 Britons will have company specialising in Eversheds has advised bandwidth solutions. Matthew Riley, Chief Execu- their homes repossessed shared home equity and Daisy Group plc, a leading The Eversheds team was tive Officer of Daisy, said: during 2009. tendered to work with provider of integrated lead by corporate partner, "Strategically this is the Great Places, a North West voice and data services to Keith Froud together with right acquisition for us as The Mortgage Rescue Fast housing association.” small-medium busi- corporate lawyers Geoff we move forward into a Track Scheme is aimed at nesses, on its acquisition Allen and Lizzie Ray. Keith data rich and more con- the most vulnerable house- Claire Egerton, residential of Managed Communica- Froud commented: verged world. The combi- holds, those with depen- property partner at law firm tions Limited ("Managed nation of Managed dant children, elderly, Lewis Hymanson Small, Communications"), a The Daisy management Communications and their disabled or long-term ill said: “It’s wonderful to be provider of data net- team has a clear strategy to product offering, with members, who are at risk of part of such major national works, for a potential ini- ensure it can offer its cus- Daisy's sales force and SME having their home repos- housing scheme. Handling tial cash consideration of tomers the best in voice customer base, creates sessed. The scheme allows the potential repossession £6.3m. and data services. Having cross-selling potential and homeowners to remain in cases for Mortgage Rescue worked closely with Daisy the opportunity for margin their home by, selling all or Fast Track is a great oppor- Managed Communications on four acquisitions over improvement. Claire Egerton part of their house to a reg- tunity to showcase our provides data networks the past six months, it's istered social landlord so residential property special- through bonded ADSL and clear that the company has "Through this acquisition, The Mortgage Rescue they are able to reduce ism’s and grow our portfo- SDSL lines to its base of ap- the capability and convic- we have strengthened our Fast Track, a government their mortgage payments. lio. proximately 800 SME cus- tion to take advantage of data offering, increased our scheme designed to help tomers. With search engine current opportunities in the range of services and will struggling homeowners, Paul Robinson, Mortgage “We apply a different ap- optimisation tools, the market, and we're pleased be able to provide our SME has selected Lewis Hy- Rescue Fast Track co coordi- proach to each case we company sells internet ac- to be helping them on their customers with more of manson Small, to act for nator, said: work on to ensure we find cess, VPN, managed secu- journey." what they want." all owners who are selling the best possible solution rity, email and managed under the Mortgage Res- “We decided to work with for the families living in the cue Scheme. LHS because of their experi- property. The Mortgage ence and expertise in the Rescue Fast Track scheme As a result of the recession, social housing sector. They provides help to ensure New ambassador role for DWF partners the Council of Mortgage already work with Plumlife, families stay in their Lenders suggests around a not-for-profit Manchester homes.” Law firm DWF has ap- ment follows that of Steve who has spent his 30 year pointed four partners to Hackett, who took on the professional career working the role of executive part- role for the Preston office, in Manchester. ner at each of its four of- as DWF’s first ever executive Pinsent Masons appointed to HCA fices to support the firm’s partner last year. Andrew Leaitherland, continual growth. DWF’s managing partner, James Haddleton, a litiga- said: “All four individuals are National Legal Panel DWF has experienced sig- tion specialist, spent 16 highly respected by col- nificant growth in the last years with DLA in Leeds be- leagues and clients and Pinsent Masons has se- ernment body driving that (which joined to become four years and these ap- fore joining DWF last year. have each made a signifi- cured a prestigious win change" the HCA in December pointments mark the next He is also vice-president of cant contribution to our having been appointed to 2008). phase in the development Leeds Law Society. business. These appoint- the national panel of legal He continues: “This is clearly of the firm by strategically ments recognise their role advisers to the Homes a major win for the firm and The new panel will begin aligning the offices to their For Andy Green, the promo- in leading their individual and Communities Agency is a great start to the year. operating from 1 April external market. tion marks a return to the offices, co-ordinating oper- (HCA). Pinsent Masons is The HCA "national Agency 2010. The national panel Liverpool office where he ational and business devel- one of four legal advisers working regionally" model will generally focus on the The executive partner role spent 21 years before trans- opment activities and on the national panel, is reflected in Pinsent Ma- provision of advice and involves leading business ferring to the Manchester championing the firm’s val- which remains in place for sons' approach to housing services relating to corpo- development initiatives, office. ues. four years. and regeneration.” rate and major programme leading the operational matters, together with proj- business and developing Graham Dickinson was in- “DWF has achieved excep- Scot Morrison, partner at The HCA has recently ects of national significance the profile of DWF within strumental in launching tional growth over the past Pinsent Masons and based streamlined its procure- and regional firms will pro- the business community. DWF’s London office last four years. The appoint- in Manchester, said: “The ment of legal services and vide a local focus. But skills year when he and his team ment of these new execu- entire regeneration and reduced its panel from the and expertise will be drawn James Haddleton becomes of catastrophic injury spe- tive partners puts a firm housing model is in a state 21 legal firms inherited on from across the panel to executive partner in Leeds, cialists moved to DWF from framework in place to of change. We are delighted from predecessor bodies, ensure the right fit for spe- while Andy Green takes on Davies Lavery. strengthen our operation to be working alongside English Partnerships and cific jobs. the role in Liverpool, Gra- and build on the founda- the HCA as the main Gov- The Housing Corporation ham Dickinson in London David Pickering, is one of tions already established and David Pickering in the North West’s most for continued expansion in Manchester. 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Tel: 0845 230 4848 Call us now. We are here to help... www.saferm.co.uk Email: [email protected] [email protected] Website: www.ssandg.co.uk Tel: 08707 446962 Fax: 0161 876 5914 Manchester Law Society Feature 9 The In-House Interview Business News This month, Kerry Crompton of IRIS Software Group Limited talks to the Messenger... In brief Organisation: IRIS Software Group Limited Redevelopment of Elisabeth House Sector: Information Technology & Business Solutions Position: Senior Legal Counsel Councillors in Manchester have approved a £50m redevelopment What does your role entail?: Anything and everything. Reviewing and drafting commercial agreements in particular issues arising of Elisabeth House in the city's St Peter's Square. The 270,000 sq ft office building will stand at 14 storeys, twice the height of the out of IT ie hosting, escrow, IP etc, implementing risk strategies and compliance programmes for the business, managing disputes and existing building, but planners say the design is sympathetic to litigation, post acquisition implementations, employee issues and anything else that lands on the desk. neighbouring buildings such as the Midland Hotel and the Central The Legal Team: 4 plus a PA Library. No of company employees?: 1120 Legal spend PA: £320K Argent set up a joint venture with the Greater Manchester Prop- What advice would you give to firms undertaking external legal advice?Work in partnership with the client. Understand the erty Venture Fund, the investment arm of the Greater Manchester business and its strategies to be able to tailor the advice. Be creative with billing. Hourly rates are the bane of in-house lawyers lives. local authorities' pension fund, in October last year to rebuild the What are the biggest challenges facing your sector at the current time? Generally the economy. Customers are less willing to site. spend and are reluctant to make investments. The reduction in the availability of finance is also a contributing factor. Funding for Green Schemes

Lifestyle Factfile A funding of £4m for green schemes in North West communities has been announced by Robert Hough, chairman of the North West Development Agency (NWDA) at the region's third climate First Job: Pick 'n' Mix at Woolies change conference in Manchester. Favourite Book: To Kill a Mocking Bird by Harper Lee Favourite Film:Where Eagles Dare The energy and environmental technologies sector is already Favourite Restaurant: Difficult but a popular choice is The Fat Loaf in Aston-upon-Mersey. Good food, good service and I can walk to it! worth around £6.5bn to the region's economy, and employs over Who or what would you take to a desert island? My bed. 50,000 people. The conference included the launch of the revised Northwest Climate Change Action Plan for 2010 – 2012. MEN sold to Trinity Mirror The Guardian Media Group has announced the sale of the Man- chester Evening News and its sister titles to Trinity Mirror for in association with £44.8m .The MEN, currently based in Spinningfields, will be relo- cating to Oldham within the next six months. The businesses, which made no operating profit in the 12 months City Profile: to December 2009, have gross assets of £8.7m. In this edition Julia Baskerville talks to The Messenger Nigel Shepherd of Mills & Reeve and Executive Making the headlines in December 1998 Member of Resolution... The President of Manchester Law Society, Nigel Day opened the Northern Legal Office Exhibition which Nigel Shepherd started his was elected Vice Chair in 1993 the changes have improved took place at GMEX. Nigel spoke of the growing impor- legal career at a two partner and Chairman in 1995. the quality of service for fam- experts and pensions advis- firm in Gatley where he has ily clients, he says ,” the clients ers, operating in different tance of Manchester as a legal centre and the need for articled. As a general practice, In 1993 Nigel moved to Lace are now much better in- firms across the region and for further events in the city. and in the days before spe- Mawer in the city centre and formed, we have become bet- who share one thing in com- cialisation, Nigel worked in all then on to Addleshaw God- ter at estimating costs and mon: a desire to offer a sup- areas of the law including dard. In February 2008 the have much more effective re- portive process to people Members were invited to attend a joint conference with crime, general litigation and family team moved to Mills lationships with the Bar and who wish to separate or di- family work. Working along- and Reeve which is now listed the judiciary, it is now a gen- vorce fairly and amicably. the Lyon Bar. The conference coincided the the Lyon an- side David Newton, Nigel par- in Chambers’ top tier. uine working partnership. In Every lawyer in the group is nual Rentree and the topics under discussion were ticularly enjoyed court work addition Judges are better trained in collaborative law and moved towards special- With over twenty years expe- trained and take a much more by Resolution. -Family Law and the consequences of divorce between ising in family work and using rience in family law Nigel has pragmatic approach to cases persons of different nationaliies; and an approach similar to that of seen many changes in the as well as being more Married, Nigel has two grown -The abuse of company funds or credit. the SFLA which was formed field. The introduction of the approachable.” up daughters and a two year three years later. The Man- Children Act in 1991; the old granddaughter. He enjoys chester branch of the SFLA Child Support Act and White v At the beginning of this year, listening to music and playing The national Law Society in conjunction with the Legal (now known as Resolution) White have all had far reach- Nigel was involved with the the piano (although Nigel was formed in 1984 and Nigel ing consequences for family launch of Separation Solu- adds not as often as he Aid Practitioners Group were to hold a Roadshow in became the first Chairman of lawyers. tions, a group of family should) as well watching Manchester to discuss the Legal Aid reforms. This in- the Group. He joined the Na- lawyers, coaches and IFAs, football and playing tennis. tional Committee in 1991, Nigel believes that many of including accountants, tax cluded consultation on the revised draft Franchise Specification. Lifestyle Factfile Solicitors acting for the victims of child abuse at a num- First job: Washing cars when I was 12, 30p for a wash and 50p with a wax, with the occasionall £1 tip at Christmas. I was ber of childrens homes during the 60s, 70s and 80s very entreprenuerial... were asked to contact Abney Garsden McDonald who Favourite Book: Eleni by Nicholas Gage were co-ordinating the claims with the Legal Aid Favourite Film - Pulp Fiction Board. Favourite Restaurant - San Carlo Who or what would you take to a desert island?: - Apart from my wife, a Steinway Grand Piano, plenty of sheet music and a piano tuner who visits regularly. 10 Education & Training the Messenger Manchester Law Society Seminar Programme MONEY LAUNDERING UPDATE CLINICAL NEGLIGENCE UPDATE DATE: Tuesday 2nd March 2010 CPD: 1.5 DATE: Monday 19th April 2010 VENUE: City Inn Hotel, 1 Auburn Street, Manchester VENUE: City Inn Hotel, 1 Auburn Street, Manchester SPEAKER: Paul Lawton, Lincoln House Chambers SPEAKER: Paul Carney, Addleshaw Goddard TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm CODE: 30117 CODE: 30128 PRACTICE SUCCESSION OR CLOSURE - PRACTICAL GUIDANCE FOR SOLICITORS PENSIONS DATE: Monday 8th March 2010 DATE: Tuesday 27th April 2010 VENUE: City Inn Hotel, 1 Auburn Street, Manchester VENUE: City Inn Hotel, 1 Auburn Street, Manchester SPEAKER: Mr Philip John Cusack, Solicitor SPEAKER: Paul Carney, Addleshaw Goddard TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm CODE: 29192 CODE: 30108 RECENT DEVELOPMENTS IN CONSUMER CREDIT LAW AFFECTING THE ENFORCEABILITY OF REGULATED AGREEMENTS Advance your chances of Judicial Appointment DATE: Monday 15th March 2010 Practical advice from the Judicial Appointments Commission VENUE: City Inn Hotel, 1 Auburn Street, Manchester SPEAKER: David Berkeley QC Tuesday 16th March 2010 - CPD 2 TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm 5.00-5.30pm Registration CODE: 30120 5.30-7.00pm Speakers Presentation 7.00-7.30pm Q & A Session WILLS FOR SECRETARIES AND SUPPORT STAFF DATE: Tuesday 16th March 2010 Course Code 30121 VENUE: Manchester Legal Centre, 3rd Floor, 64 Bridge Street, Manchester M3 3BN SPEAKER: John Ainley, North Ainley Halliwell JOIN COMMISSIONER CHARLES NEWMAN AND BEN ELTON, HEAD OF EQUALITY & DIVERSITY TO- TIME: Registration 1.45- 2.00pm - Seminar 2.00pm -5.00pm CODE: 30103 GETHER WITH JUDGE JACK ROSTRON FROM THE JUDICIAL APPOINTMENTS COMMISSION FOR A PRESENTATION THAT WILL PROVIDE YOU WITH A PRACTICAL GUIDE ON HOW TO IMPROVE YOUR THE NEW RTA REGIME CHANCES OF JUDICIAL SELECTION DATE: Thursday 18th March 2010 VENUE: City Inn Hotel, 1 Auburn Street, Manchester Issues covered in this presentation will be: SPEAKER: Michael Hardacre, Pannones TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.00pm The variety of roles the JAC select for (courts, tribunals, salaried, fee paid, part-time) CODE: 30106 What is merit? (on the qualities and abilities of a Judge) Completing the application form BASIC PRINCIPLES OF COSTS Referees – who to choose, and who not to choose DATE: Monday 22nd March 2010 Qualifying tests – what are they are why do we use them VENUE: City Inn Hotel, 1 Auburn Street, Manchester SPEAKER: Paul Bracewell, JPN Consultancy Selection days – what to expect and how to prepare yourself TIME: Registration 5.00pm Seminar 5.30pm - 7.30pm CODE: 30122 Following this there will be an open Q&A session. CRIMINAL LAW & MENTALLY DISORDERED OFFENDERS DATE: Tuesday 30th March 2010 The Ultimate Secretarial & Support Staff VENUE: City Inn Hotel, 1 Auburn Street, Manchester Conference 2010 SPEAKER: Benjamin Myers, Young Street Chambers TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.30pm Thursday 25th March 2010 CODE: 30125 Novotel Manchester, 21 Dickinson Street, Manchester, M1 4LX

FAMILY MEDIATION - WHAT’S IT ALL ABOUT? Back by popular demand is our Annual Secretarial Conference aimed at PA’s, Secretaries, Office Managers, Ad- DATE: Monday 12th April 2010 ministrators and anyone involved in Human Resources across the board in all professional bodies. Following VENUE: City Inn Hotel, 1 Auburn Street, Manchester the success of last years’ event you will see some familiar faces amongst our elite list of guest speakers along SPEAKER: Nina Fedorski, Family Mediation Ltd & Farrell & Hobbs Solicitors and with some new faces. This full day conference will educate, inspire and reinvigorate the enthusiasm you have Bernadette Willems, Simon Bergin & Co in your role. It really is a conference not to be missed with an amazing array of speakers to boot. TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.30pm CODE: 30111 9.00-9.30 Registration and Coffee 9.30-10.30 Making Breakthroughs in Career Development REFERRAL ARRANGEMENTS Michelle Guest, Regional Development Manager – Mentor Corporate Coaching Ltd DATE: Tuesday 13th April 2010 10.30-11.15PR for Secretaries VENUE: City Inn Hotel, 1 Auburn Street, Manchester SPEAKER: Brian Rogers, Lewis Hymanson Small Clare Forrest, Kingsgate Consulting Bernadette Willems, Simon Bergin & Co 11.15-11.30 Coffee Break TIME: Registration 5.30pm - 6.00pm - Seminar 6.00pm - 7.30pm 11.30-12.30 How to be a Confident & Effective Networker CODE: 30127 Chrissie Gibson, Kintish Ltd 12.30-1.15 Lunch Break To reserve a place on one of our courses or for further information please call 1.15-2.00 Social Media & Digital Marketing in 2010 Donna or Vicky on 0161 819 1927 David Gilroy, Managing Director – Conscious Solutions 2.00-2.45 How to Confidently Handle Office Conflict email: [email protected] Julie French, Director - Academy of High Achievers or email: [email protected] 2.45-3.00 Coffee Break We would be delighted to hear from members with suggestions for seminar topics 3.00-4.00 Performance Appraisal Techniques or speakers Clare Forrest, Kingsgate Consulting 4.00-5.00 Secrets & Tips of How to Become a Successful PA/Secretary Sponsored by Sue France, Marketing Manager – Persuasion 5.00pm Close of Conference

To reserve a place on any of the conferences please call Donna or Vicky on 0161 819 1927 email: [email protected] email: [email protected] Manchester Law Society Feature 11 Fran’s Foray This month Fran talks to Mike Suddards of Greenwoods Name of Firm and date of establishment Greenwoods Manchester established on 1/11/07

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Who’s been at the firm the longest Q How do I know if I am getting the best value from Mike Suddards and Alexandra Puddy my DX membership? A Recent research by DX illustrated that typically 20% Who’s the newest of Member’s mail sent by Royal Mail could be sent by Peter Crossland DX. A simple DX mailroom audit could help you find out if you can save more. What do you do for Christmas party Yang Sing then very bad karaoke at Tiger Tiger ( saved by Q Would a mail room audit give you information my rendition of All Right Now ) about my practice? A Not at all. The audit will simply identify items being Most famous case sent by Royal Mail that could be sent by DX. DX has cre- Turner v Malcolm CA (limitation for persons under disabil- ity - acting for Claimant on this occasion - don’t tell insur- ated a process that will not impact on your mailroom ers! ) operations in any way, its safe, secure and indeed it is free! Most famous client Where do you see the firm in five years Q Remind me what benefits I get from my DX mem- Brian Sewell ( the insured in an RTA - successfully de- - Grand Cayman fended ) bership? Which firms have joined you, if any, over the years - A Typical savings of up to 30% on your postal costs, What were the biscuits like- biscuit benchmark Partner lateral hires from DLA/Irwin Mitchell post-5pm collection & pre-9am delivery extending the soft, like me working day, reliable and uninterrupted service Does the firm have a saying eg Live to work and work Why would someone want to work at your firm here? If not what do you think it would be? - To find out more about the FREE mail room audit - 6 figure salaries for all ( just joking ) Record your 7 hours a day and you can then go to the call now on 0844 371 2004 beach. www.thedx.co.uk

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A CHOICE OF UK LOCATIONS INCLUDE: BATH BRISTOL BIRMINGHAM CARDIFF EDINBURGH GLASGOW LEEDS LIVERPOOL LONDON MANCHESTER NEWCASTLE NOTTINGHAM SOUTHAMPTON AND MANY MORE... WORLDWIDE LOCATIONS INCLUDE: NEW YORK PARIS SYDNEY AND MANY MORE... 12 Management the Messenger Management Matters We have been delighted to provide this column, now well into its second year and feedback has been good. We would love to re- ceive comments on the articles and perhaps some ideas for topics to be researched for future editions so feel free to mail Bill at [email protected] or participate in his blog at http://web.inpractice.co.uk/Blog/default.aspx. You will also be able to partici- pate, soon, in discussions on the Manchester Law Society website www.manchesterlawsociety.org.uk Legal Technology Show Confirms the Trends

A few months ago when talking about technology and screen” voice recognition but also confirming the avail- commercial changes that provide much more costs ef- ability in a hosted environment. fective and available applications I must have been ei- ther psychic or aware of what was happening. Elite and Pilgrim chose not to attend the show but There is an exponential growth global player Aderant was there with the results of in the availability of hosted IT, At the annual Legal IT Exhibition and Conference (Lon- some very positive investment and culture changes don 10 & 11 February) this was confirmed with a whole over the last two years with a product which is equally managed services at multiple raft of initiatives. at home internationally as well as nationally targeted at firms with more than 70 fee earners. levels and Software as a There is an exponential growth in the availability of Service (SaaS). The Iris Group hosted IT, managed services at multiple levels and Soft- The exhibition was supported by two full days of speak- ware as a Service (SaaS). The Iris Group announcing a ers and round table discussions with topics from the in- announcing a 50% growth in 50% growth in clients having their applications hosted, evitability of the Legal Services Act, cloud computing, clients having their DPS with in excess of 40 hosted clients (2,000 desktops) business continuity and disaster recovery, outsourcing, and Linetime offering their Liberate product hosted for cost efficiencies and gaining a competitive edge. applications hosted, DPS with the first time powered by the legal market experienced in excess of 40 hosted clients e-know.net. This combination probably improved the quality of vis- itors to the exhibition stands and often there were (2,000 desktops) and Linetime Tony Klejnow Linetime’s MD says it all on behalf of him- queues waiting to have demonstrations of some of the self and others “We have always prided ourselves on an- products. One PMS vendor advised me they had gen- offering their Liberate product ticipating client needs, responding quickly to trends erated 90 leads over the two days, significantly better hosted for the first time and adding value where we can. Cloud computing and than the last two years and a sign potentially that con- the potential of both fully managed and SaaS solutions straint on investment in IT has gone on long enough powered by the legal market are now clearly on the radar”. Linetime also announced and firms with a future are having to invest with a clear experienced e-know.net. a new KPI portal – Liberate BI – to enable much en- return on investment in mind coming from efficiencies hanced performance monitoring and review. in process and stronger communications with clients.

Ramesys, regular attendees offering their range of man- It was good to see the Iris Group getting its act together aged services were there alongside new pretenders – after a few years of public confusion and the inevitable Challow offering levels of vitualised service. disquiet amongst its clients. Martin Leuw the chief ex- ecutive of the whole group spent day 1 at the show, The show offered in excess of 53 exhibitors which is sig- which was good to see. Their way forward with Iris Law nificantly down on the heady days of the Barbican and Enterprise (ILE) and Iris Law Business (ILB) is getting vide quotations and responses to clients. Going a step early days at Islington but much of this has been much clearer and at the show they announced a new further, DirectLaw showed Rapidocs which provides an brought about by the consolidation of suppliers such (hosted again) Fee Earner Desktop availability over the exceptional facility for a client to interface over the web as Axxia and Visual Files now part of Lexis Nexis and the Internet with real time access for the fee earner who is with a lawyer to produce documents effectively and iris Group that has acquired AIM, Videss, LaserForms, busy and on the move. On top of this the new Iris Law cheaply. The client can select a service and answer in- Opsis, Alpha Law, Shaws Forms, Mountain and CB Sys- Analytics package was launched which is a business in- teractive questions and from this a document is tems over recent years, TFB’s acquisition by Tikit and the telligence module to supplement current reporting drafted, the client can then opt to purchase the service, merger of JCS and Cognito. All such activity is often methods and finally their own Software Solutions is able to interface with a lawyer to review the draft and confusing and inconvenient for users but it is getting Guide showing how the multiple products in the Iris complete. much clearer as product road maps are firming up. The portfolio can support the business requirements of a independent Practice Management Systems suppliers practice and it is an interesting combination of their Finally I spent some time researching products that continue with DPS, SOS, Linetime, Eclipse and Cognito own publicity and case studies from active users. Let us support Legal Aid. I was surprised and disappointed at all showing their wares. It will be interesting to see over hope that the Group achieves its promised product de- how few of the PMS suppliers are taking this applica- the next few years how these smaller businesses will liverables. tion seriously and this should be a real differentiator on not only continue to relate better to their clients than systems selection if your firm is to continue and do well the multi national and conglomerate suppliers but also Tikittfb also made available to visitors to the show a working with the LSC. This could be the motivation be able to afford to sustain development budgets to three month free trial of E-merge Tikit’s e-mail market- right now to look at a systems change. I even found one keep these clients on a par with the necessary use of es- ing management system which integrates with a firm’s supplier that could offer an excellent Legal Aid product calating technologies. marketing or CRM system but allows the design and hosted with a SaaS model which could be put into ef- management of e-mail marketing campaigns with the fective use with no impact on the rest of the practice. Copitrak were there but no sign of Billback or Equitrac. ability to track success. High profile Big Hand and Winscribe were there with Rather than fill this report with links to websites if any their Digital Dictation offerings but so was the lower We have also previously discussed the exploitation of of these products are of interest then please feel free to profile Loasys not only displaying its “see it on the the www as a marketing tool and making it easy to pro- e-mail me and I will ensure connection.

Bill Kirby is a director of Inpractice UK Ltd www.inpractice.co.uk . The company specialises supporting law firms and accountancy practices with business, marketing, CRM and IT strategies, HR, Quality systems, IT troubleshooting and business continuity www.managedservicesconsultancy.com He can be contacted at [email protected] Manchester Law Society Local News 13 The View from Stockport or MYSG News Talking through my Hat left the US he was able to pur- be published in March. This Now that we have (hopefully!) left all the snow and the ice behind us the MYSG is busy preparing for the year chase a not inconsiderable consultation will include ahead. Further information will shortly be posted on our website, which also holds details of all forthcom- chunk of the west coast of Ire- drafts of a new ‘principles- ing events, pictures, news and interesting features..... watch out for our new newsletters which will be wing- land. Whilst his morals may based’ Code of Conduct to ing their way to you shortly. Go to www.mysg.org.uk to make sure you don’t miss out. have been questionable, with which the current open con- his choice of the trilby over sultation refers. I would urge Plus we will let you into a secret...... plans are in the pipeline for what promise to be a glamorous and fabu- the fedora, his taste was im- you to take the opportunity peccable. to make your thoughts on lous event in May.....watch this space!. this fundamentally important Just which hat the SRA will issue known. If you do not Don’t forget our City Card discounted offer. City Card membership gives you up to 50% off at the best restau- wear in the future is the ques- wish to respond to the con- rants, bars and entertainment venues each time you visit, great discounts at AMC cinemas, The Palace and tion currently being debated. sultation directly please give Opera House theatres and up to 50% off top salons and spas including, Nicky Clarke, The Gentry Grooming There is an open consultation us at your local Law Society on their website as we speak, your view and we will make Company and Didsbury’s Heaven Spa. With the MYSG special offer, you can enjoy a full year’s membership from which I have lifted the sure this is passed on to your for just £10.00 (over 80% discount off the full price of £55.00), details on our website. #6 The Trilby following: representatives at national level. A chap should know his trilby ‘Outcomes-focused regula- from his fedora. No doubt tion is how the SRA will oper- It is nearly time for the annual Stockfordians will immedi- ate from next year, subscriptions at Stockport In- ately have noted that as my concentrating on the high- corporated Law Society, and brim is small and sits up at the level principles governing we shall be writing to you all back this is a trilby, and, there- practice and the quality of inviting you to renew or join MTSG News fore, of British origin. The outcomes for clients, rather up. Your local society does more louche American fedora than tick-box compliance need you so please do join us has a wider brim and the back with rules.’ and lend your voice to the de- Having thawed from the snow, members of the MTSG have been busy attending an array of events. The is worn down - mostly by bates that affect us all. Blackdog Ballroom in the Northern Quarter was host to a social and pool competition. noirish Private Investigators What that may mean in prac- Thanks to the committee for acting as referees and congratulations to Graham Dickson (Cobbetts) and Alex or gangsters during prohibi- tice is an outcome we should I was stunned to find that tion. endeavour to influence be- each hat on either side of the Cohen (Pannone) for battling it out in the final. Alex emerged victorious. Thanks to our sponsors St John’s fore it is brought into force in big pond is named after a Building Chambers and ReLegal. This is my great grandfather’s 2011. Our national Law Soci- play in the late 1880’s - ‘Fedo- trilby, and a very fine example ety asked the Chief Executive ra’ in the US and ‘Trilby’ over The MTSG joined other members of the profession at the MLS/MYSG/MTSG quiz, held at Tiger Tiger. The it is, being made by Stock- of the Legal Services Board, here - in which they were MTSG committee team did their civic duty and came last (to save others the embarrassment of course). Many port’s own Christy & Co. Now Chris Kenny, what the differ- both worn for the first time by the fact of the matter is that at ence is between ‘principles- their eponymous heroines! thanks to Fran Eccles-Bech (MLS) for organising the event with the help of Simon Lewis (MYSG). The event the time of its purchase the based’ and Startling stuff isn’t it? raised £300 for Shelter. great grandfather was up to ‘outcomes-focused’ regula- some nefarious speakeasy- tion. He saw the terms as Shane Flannery Tens of MTSG members attended the offices of Pannone LLP to hear from Barnado’s about volunteering op- based activities in Philidel- inter-changeable, so no help President of Stockport portunities. Members should contact the committee for more information, whether they are interested in phia during the there. Incorporated Law Society one-off events or longer-term volunteering. aforementioned prohibition, and made a good bit of A formal consultation on the money, such that when he development of the SRA will The MTSG committee is busy putting the finishing touches to its own sparkly newsletter to members and the next BIG social event in March. ‘Til next time… The MTSG has upwards of 400 members and we invite trainees and paralegals to join from over 350 firms in and Cheshire Costs around Manchester. We represent our members' interests in a professional capacity, for example by providing assistance with their future career planning, and arrange a whole host of social and educational events. Management Membership is currently £50 for 2 years or £30 for a year and is open to Trainees, Paralegals and NQs. For de- 28-32 Greenwood Street, Altrincham, WA14 1RZ tails of how to join please contact Chair Rebecca French ([email protected]) or Membership Secre- taries Katie Fox ([email protected]) and Sarah Jones ([email protected]). Tel: 0161 929 8818 LAW COSTS DRAFTSMEN & CONSULTANTS We provide a professional Costing service for Civil and Family work Drafting of Schedules / Bills / CLAIM1s & 1As Courier Service Quick turnaround on work Competitive rates, with recovery of fees sought Bills tailored to your style Inhouse advice can be provided Call us now and quote ‘The Messenger’ for FREE Trial offer*

*Free drafting of first Bill/Schedule/CLAIM1 with Profit Costs up to £5000 www.cheshirecosts.co.uk 14 Feature Manchester Biking Network The rides are intended to offer an opportunity for professionals to network with each other and to get to know people over our shared interest in cycling. This also allows us to explore My Other Life the fantastic countryside that lies within easy reach of Manchester.Rides are around 90 min- utes of moderate cycling, the focus being on enjoying it, and we usually have a drink or food This month Julia Baskerville talks to Stephen Hindmarsh of Hill Dickinson who enjoys somewhere afterwards. outdoor swimming when the weather permits.... Blizzard-biking..? Donning on a wetsuit and diving into a freezing cold I think I have invented a lake isn’t many people’s new form of mountain bik- idea of a good day out. Yet ing, maybe a whole new for Stephen Hindmarsh sport. I am naming it Bliz- outdoor swimming is a zard-Biking! You wheelspin pastime he relishes. up snowy icy lanes, then carry your bike through 4 Stephen was a runner for foot snow drifts on the many years, but “dodgy flat....and do the same on knees” put a stop to this the downhill sections. Occa- pastime and he wanted to sionally you find a gulley in find some other sport to the snow, like a bobsleigh participate in. Whilst Presi- run, where you can sit on dent of Manchester Law So- the bike, kick off from the ciety an interesting snow banks and freewheel Kinder Reservoir almost completely frozen conversation at one of the into the next snow drift, many dinners he attended head-on! Equipment: Hel- led him to take up outdoor met, winter gloves, seal- swimming. He joined the swim and trains most morn- steamer pier. They all skinz, winter boots. Bike Outdoor Swimming Society ings in a local pool. He adds climbed onto the pier to dis- (optional...). Maybe I should and started to join in their “Outdoor swimming allows cuss the route when ap- buy a sledge... events. you to experience the out- proached by an official who doors in a completely differ- demanded payment. In the summer Stephen is ent way. Whilst on a swim in Clearly no one was carrying For further details of the Biking Net- taking part in both the Lake Coniston I felt it was a cash and they jumped en Great North Swim in Lake very privileged place to be, masse back into the lake be- work visit Windermere and the Great surrounded by mountains fore he had time to eject www.biking-networking.blogspot.com London Swim which sees and it gave me a whole new them! the swimmers diving into or contact John Kitching on perspective on my sur- the Royal Victoria Dock. He roundings.” Anyone interested in out- 0161 909 3000 or email will also attend the Keswick door swimming can join the John.Kitching@ Pannone.co.uk Mountain Festival which Outdoor swimming isn’t Outdoor Swimming Society also includes some outdoor without its problems. Whilst by visiting Oaken Clough to Broad Clough aka "peat bog descent" swimming events. swimming on Lake Conis- www.outdoorswimmingsociety.com ton, Stephen and the other or via Facebook. Stephen says that he enjoys swimmers set off from the the challenge of a long boat club towards the

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VirtualisationVirtualisation isis the buzzbuzz wordword of applicapplicationsations to increase efficiencies,efficiencies, BBusinessesusinesses that virtualisevirtualise theirtheir voicevoice todaytoday andand manymany companies areare proproductivityductivity andand generate newnew anandd datadata requirements augmentaugment theirtheir developingdeveloping strategiesstrategies to virtualisevirtualise rrevenueevenuue streams.streams. bbusinessusiness continuity stratestrategygy byby voicevoice andand unifyuniffyy ttheirheir ccommunications.ommunications. hhavingaagteebtyoaving thethe flexibilityflexibility of a virtualvirtual VirtualisationVirtuaalisation bebenefits:nefits: set-up wwhichhich helpshelps reducereduce scheduledscheduled WhatWhat iiss virvirtualisation?tuaalisation? VirtualisationVirtualisation deliversdelivers anan abundanceabundance aandnd unscheduledunscheduled downtime.downtimme. VirtualisationVirtualisation enablesenables a singlesingle server to ofof benefitsbenefits including:including: operate a multitudemultitude ofof applications in a GGreenreen credentialscredentials areare alsoo increasedincreased singlesingle datadata centre.centre. AllowingAllowing businessesbusinesses PowerPower consumptionconsumption andand managementmanagement due to fewerfewer physical serversservers being toto run multiplemultiple virtualvirtual machinesmachines on a resourcesresources areare dramaticallydramatically reducedreduced powerepoweredd whichwhich equates inin a muchmuch TheThe flexibilityflexibility providedprovided by virtualisation singlesingle physicalphysical one,one, sharingsharing its resources withwith thethe consolidationconsolidation ofof serversservers andand smaller carbon footprint.footprint. means thatthat businessbusiness process across multiplemultiple environments.environments. physicalphysical space.space. IndependentIndependent researchresearch improvement applicationsapplications suchsuch as thethe showsshows filefile serversservers areare onlyonly runningrunning atat Ensure enterprise appapplicationslications MitelMitel UnifiedUnified Communicator,Commmunicatorr,, a TodayTTooday CIO’sCIO’s are facedfaced with the pressure aroundaround 15-18%15-18% efficiency,efficiencyy,, thereforetherefore perperformform with highest availabilityavaiilability andand conferencingconferencing and collaboration ofof refocusingrefocusing thethe business’sbusiness’s technologytechnology therethere isis a significantsignificant wastewaste ofof serverserver perperformance.formance. applicationapplication andand mobilitymobility applicationsapplications investmentinvestment onon innovation,innnovation, yet at thethe spacespace andand money.money. suchsuch as thethe MitelMitel Dynamic Extension same time theythey stillstill needneed to conductconduct dayday VirtualisingVirtualising communicationscommunications can now bebe deployeddeplooyed on a company’scompany’s toto dayday operationsoperations andand maintenance,maintenance, CostCost is alsoalso minimisedminimised byby moving Mitel’sMitel’s partnershippartnership withwith VMwareVMwware means networknetwork withwith easee in the data centrecentre whilst effectivelyeffectively utilising their existing fromfromm a hardwarehardware to softwaresoftware solution.solution. that voicevoice cancan be virtualisedvirtualised onon a data andand at thethe desktop.desktop. technologytechnology assets.assetts. TheyThey havehave thethe networknetwork resulting in even moremore benefitsbenefits challengingchallenging remitremit to reducereduce costs andand ApplicationsAppplications in a virtualisedvirtualised forfor a business.business. BusinessesBusinesses ofo allall sizessizes increaseincrease efficienciesefficiencies in a 24/724/7 worldworld of environmentenvironment cancan taketake minutesminutes to willwill nownow be able to buildbuild internalintternal clouds ForFor furtherfurtherr informationinformation on business.business. ForFor thesetheese CIOs,CIOs, virtualisationvirtualisation isis deploydeploy freeingfreeing up the IT team who thatthat transformtransform IT andand voicevoice intointo a virtualisingvirtualising youryour communications,communications, not justjust an IT tactic,tactic, itit isis a businessbusiness spendspend lessless time maintaining andand dynamic,dynamic, flexibleflexible serviceservice thatthat deliversdelivers sstrategytttrategy andan d yes costscostddts are reducedreduced moremorre timetime innovating. innovating. efficiency,efficiencyffi i y,, controlcontltrol andan dhid choicee withinwithin visitviiitsit www.mitel.comwwww.mitel. com dramaticallydramatically butbut thethe realreal valuevalue lieslies in theirtheir ininfrastructuresfrastructures while dramaticallydramatically or call 01291011291 430000 thethe ease ofof deployingdeploying business loweringlowering capitacapitall andand operatingoperating costs.costs.

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Many readers will be familiar with the way in which It gets worse. For technical reasons a slavish applica- The impact of this in practice is not difficult to explain. business valuations are obtained and used in the tion of traditional methods can exaggerate the short As a recession hits, prices of quoted shares fall because course of litigation. The courts require valuations of term reduction in the value of a business going into a the market expects corporate profits to decline. Prices businesses and shares in private companies for a vari- recession and then overstate the value as the recession may also fall because the market now needs a higher ety of purposes, but particularly in matrimonial and comes to an end. return to invest in equities at all, but this example will shareholder disputes. assume that reduced profit expectations are the only This article does not wish to be a technical paper. reason why share prices fall. In the short term as share It is generally understood that, all things being equal, However a small amount of technical detail is unavoid- prices fall the reported P/E ratio also falls (as the last re- business valuations decline in times of economic reces- able if this pitfall for the unwary is to be pointed out. ported profits included in the calculation have not sion. changed). However there is now a mismatch between Readers who regularly see business valuation reports the two components of the calculation. The share This article asks what is the right way to deal with a de- may be familiar with the earnings basis of valuation price is looking forward at what it expects the future cline in the value of a business caused by the recession. commonly used for valuing profitable trading busi- profits to be but the earnings figure is looking back at It also points out a technical pitfall for the unwary. nesses. Under this basis the value of a business is the profits in the company’s last accounting period. found by multiplying the expected future profits of the Where the two profit figures are materially different the It is important, but not always easy, to distinguish falls business by a price/earnings ratio (P/E ratio). P/E ratios P/E ratio no longer captures the rate of return being re- in value caused only by the recession from falls in value used in the valuation of private companies are com- quired by the market. that would have occurred in any event. Even in the monly derived from the published P/E ratios of quoted best of economic times some businesses buck the companies. The difficulty arises from the behaviour of Use of such a P/E ratio in the valuation of a private trend and decline. Previously successful businesses quoted companies’ P/E ratios during an economic company risks materially undervaluing the business. can contract for a variety of reasons – failure to keep downturn. pace with technical change, failure to innovate, in- Coming out of recession the opposite applies. At this creased competition, loss of customers etc. A business The theory under which P/E ratios used in valuations of point in the cycle share prices reflect the market’s ex- that encounters these challenges and fails to conquer private companies are derived from the actual P/E ra- pectation that future profits will be better than compa- them will suffer a decline in its inherent value. Value tios of quoted companies has it that the quoted P/E nies’ last reported earnings, which by this time are which evaporates in this way has gone forever. ratio reflects the rate of return the market is requiring those that were reported in the worst depths of the re- from the quoted shares in which it invests. The theory cession. At this stage P/E ratios increase, and as a result However a fall in value which arises simply because of goes on that the rate of return required by a purchaser materially understate the rate of return required by the an economic slowdown may not have gone forever. If of shares in a private company will mirror the rate of re- market. Private company valuations carried out on the the business’s sales and profits decline in the recession, turn required by the market from an investment in a basis of such ratios risk materially overvaluing the busi- but its competitive position has not deteriorated and quoted company with similar characteristics. This arti- ness. its products or services remain relevant and up to the cle has no difficulty with that theory in stable eco- mark, its inherent value has probably not changed de- nomic times. Readers are advised to be alert to the possibilities of spite the diminution in the volume of its turnover. over and under valuation in recessionary times and, Quoted company P/E ratios are arithmetically quite where appropriate, to question valuers on how they This article suggests that perhaps more clarity would straightforward. They are derived quite simply by di- have taken account of the effects of the recession. be brought to legal proceedings where business valua- viding the quoted share price by the company’s earn- tions are in point if a proper distinction was made be- ings. However, crucially, they divide the current share tween inherent value and short term value. price by the last reported earnings, which may be sev- John Grogan is a chartered accountant and a char- eral months out of date. This does not much matter in tered tax adviser. Last year he became the found- One of the difficulties is that traditional valuation ap- stable economic times when companies’ profits do not ing principal of his own independent practice, JGA, proaches are poorly equipped to distinguish between fluctuate dramatically from one year to the next. The which provides expert witness services to the legal inherent and short term value. Traditional valuations pitfall for the unwary valuer arises from the fact that community and accounting and tax services to take a snapshot of the business at a point in time, and the profits included in the calculation lag behind the businesses and individuals. Between 1986 and if that point of time is in the midst of an economic re- share price. 2009 John was a partner at PKF, the national firm of cession the valuation which results will reflect the poor accountants. market conditions prevailing. 18 Feature the Messenger Working in Partnership AN UPDATED GUIDE FOR NEW START-UP PRACTICES * continuing cover for up to 6 years in the event of firms ceasing to practice, i.e. the Run-Off provision. PURCHASING PROFESSIONAL INDEMNITY COVER The above exposures break down into two principal factors: My initial article on this subject appeared in the Messenger last August. Since then the in- surance market has changed somewhat and the number of would-be start-up practices has * the credit risk - this is a problem for insurers and is now a major issue due to the increased significantly. deteriorating financial adequacy of many practices; * the claims risk - it is virtually impossible for insurers to refuse cover for a claim Previously the profile of most new practices was that they would comprise one or two made against a practice, even when fraud by the practice is involved. twenty-something individuals with 5 or so years’ experience, wanting to do their own thing and make their mark. Over the last couple of years but accelerating over the last 6-9 months, As a consequence, and for sound business reasons, insurers need start-up practices to pro- that profile has changed out of recognition. vide very detailed information, comprising:

The new driver is the economic downturn and the effect it has had on practices large and * full CVs of partners and senior employees: insurers will take an in-depth look at small. There is no longer any common profile, although certain categories of new firm have the capabilities and experience of key individuals and consider whether those emerged. individuals have the expertise to deliver what is promised in the business plan; * a full business plan including financial and cash-flow projections: insurers will Another influencing factor is the appetite of insurers and the big hikes in PI insurance pre- consider the plan and the financials to establish whether in their view the plan mium for many practices in the 2009 renewal cycle. Insurers have been monitoring the is achievable. In addition insurers will want evidence of the availability and the change in profile of potential start-up practices and frankly have not made it very easy for adequacy of capital. those practices to obtain cover at a reasonable level of premium. * a start-up firm’s Proposal Form which will drill down into the detail of the professional activities the new practice intends to undertake. Insurers will form Although it is my rôle to represent the interests of insuring firms, I do have some sympathy a view, again based on the experience of the key individuals but also on their for the insurers- but only a little! claims experience emanating from those activities.

The current rules, created originally by the Law Society in the form of the Minimum Terms, It is essential that would-be start-up practices adopt the right tactics from the beginning. It now regulated and enforced by the Solicitors Regulatory Authority, place onerous liabilities is important that individuals embarking upon this significant step obtain appropriate ad- on the Approved Insurers, even for new practices apparently presenting relatively low in- vice from a variety of professional advisers, ie: surance risk. Under the Minimum Terms, insurers are obliged to provide: - Accountants * a full civil liability policy wording (wider than any wording currently enjoyed by - Compliance Consultants other professions); - Insurance Brokers. * a market of last resort for failing practices, i.e. the Assigned Risk Pool; * payment of claims including the policy excess, which they may or may not be With specific regard to Professional Indemnity Insurance, it is important that this is fully able to recover from the insured practice; explored before any bridges are burned or significant money is spent. The SRA will not * a full year’s cover even if little or no premium has been collected subsequent to process any application until the applicant can provide written evidence of the availability assuming cover; of compliant insurance cover.

Therefore, this should be tackled early in the process, not the final piece of the jigsaw to try to slot in hurriedly at the end.

You can laugh at IT stress An insurance broker with the right credentials will guide the practice through this essential stage and establish quickly whether the insurance market will offer cover. Key individuals if you call me in should be prepared to meet prospective insurers: a face to face meeting can have a bene- ficial effect.

Some hot tips:

* Provide full CVs; * Provide a simple and concise business plan; * Curb the natural enthusiasm to over-egg the financial projections: Insurers are nervous of over ambitious projections; * Stay within your existing areas of competence: again, insurers get nervous when business plans rely on expertise the key individuals do not possess; * Be up-front about the funding of the venture; * Include a compliance plan as an extension to your business plan.

The key to success is to provide comfort to insurers in the areas mentioned above: good fi- nancials and compliance procedures are crucial, and you need to demonstrate low credit risk and manageable claims risk. Continuing:

* Obtain insurance advice early and deal with that part of the process, allowing you to progress other aspects of the new venture safe in the knowledge that My name is Angela. I’m a freelance IT trainer. I could the unavailability of cover will not become an obstacle; bore you silly with a list of software I can help you and * Do not ask insurers why they need a business plan! your people get more from with less stress. * Do not attempt to negotiate 6 months’ credit with insurers! * Do not say you are really setting up this business for your daughter who is a Instead though, I’ll tell you how I cure the headache. first year trainee and part-time pole dancer! It could be a case-management application that’s causing I hope the above will assist would-be new practices in understanding the insurance require- a divide. ments and the process for meeting them.

Or perhaps you simply need your people to boost their In my next article I will examine the Successor Practice and Assigned Risk Pool issues in more productivity to get through a greater case-load and com- detail, and the likely impact on the insurance market of potential changes in those areas. pete in these challenging times. K J McParland Whatever your pain, I take it away. I sit right in the Managing Director middle of the challenge. I listen to people at all levels MFL Professional within the organisation, identify a win-win, and then train people to get the result you need. MFL Professional can provide the assistance required by new start up practices Visit our website www:m-f-l.co.uk/mls-newstartups or contact How about a coffee and informal chat? John Jones on 0161 237 7739 Call me on 07793 773880 6MÄJPHSSVJHSZLHYJOLZ KYH^UKPYLJ[S`MYVTZV\YJL

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-VYTVYLPUMVYTH[PVUWSLHZLJHSS     VY]PZP[^^^[TVMÄJPHSZLHYJOZLY]PJLZJV\R 20 Lifestyle the Messenger

Charlotte talks Spring Summer...

This Spring Summer, ladies are…. NOW OPEN 1 embracing Spring by spritzing their bedrooms with Jo Malone’s Grapefruit and Rosemary- the classics are always the YOUR EYES ARE best 2 buying a huge handbag. Maybe an un- YOUR MOST structured Marni tote...? 3 draping themselves in new jewellery, a IMPORTANT ASSETS cheaper way to update their wardrobes 4 acquiring a Marc Jacobs Bumbag. Yes, MAKE THE MOST OF THEM AT really…. 5 sporting their underwear as outwear, a THE LASH & BROW BOUTIQUE la Prada 6 falling in love again with Lanvin 7 banishing black and purchasing pastels 8 cementing their cool cat status by knowing all there is to know about Hal- ston Heritage, Mary Katranzou and Meadham Kirchoff 9 channelling old-Hollywood hair- do’s…. 10 experimenting with nude colours for evening This Spring Sumer, men are

1 staying in to read Pride and Prejudice and Zombies (yes!) by Jane Austin & Seth Grahame-Smith HD BROWS 7 STEP TREATMENT 2 treating themselves to a set of super for the definitively-shaped brow cool WeSC headphones 3 going a bit retro with Harvey Nichols Rhubarb and Custard sweets….. EYEBROW & LASH TINTS 4 Setting sail in something fabulously nautical…. NOUVEAU LASHES 5 relishing the landscape and going on a Extensions that transform the picnic. With some gorgeous HN products ordinary to the extraordinary 6 Drinking HN Prosecco…. Loving the bubbles BLINK AND GO EXPRESS LASHES 7 mixing luxe with grunge thanks to Bal- The fast option of instant glamour main's new mens' line 8 branching out from their comfort zone, and embracing the new Forfex’s 9 eating a big slice of American pie with

D Squared 2's nostalgic Americana col- -&7;*>3.(-418 lection 2&3(-*89*7 10 wrapping up against the chill in the new uber cool Moncler jackets URBAN RETREAT AT HARVEY NICHOLS 21 New Cathedral Street Manchester M1 1AD Telephone 0161 828 8856 Harvey Nichols Manchester For a full list of exclusive services visit 21 New Cathedral Street | Manchester | M1 1AD | www.urbanretreat.co.uk Tel: 0161 828 8888 Visit www.shop.harveynichols.com to see more…. Manchester Law Society Lifestyle 21

Betesh Partnership makes light work of litigation headache with the help of MPG Legal

The long established, city centre based into new areas of business such as Betesh Partnership, has recently joined consumer credit litigation the document forces with leading print and data scanning in particular will be of real value” management services group MPG Legal to put them ahead of the game in their Betesh Partnership has recently welcomed litigation work. Lee Lipson back to the firm as the head of their new specialist department incorpo- As many will be aware the amount of rated to deal exclusively with consumer paperwork and duplication involved in credit. The consumer credit department is litigation can be a time consuming task. It at the forefront of this area of law having is too critical to be left to chance and can previously driven forward many of the often lead to the time of solicitors and cases which led to the recent High Court legal assistants being tied up for long Judgment in the Carey and others matter periods in the tedious task of in 2009. re-organisation, repagination and further Kate Irvine and Claire Leaman copying, the cost of which can rarely be Why don’t you take the hassle out of passed onto the client. as appropriate.” Bankruptcy and Insolvency, Divorce, litigation paperwork and phone MPG Property and Developments and Personal Legal today to see how we can go the Kate Irvine, legal assistant to senior She goes on to say, “For Betesh Partnership Injury, came to MPG Legal for a solution to extra mile to help your business? partner Harry Lipson, said “The MPG data it is a win, win situation. My time is freed up the mountains of paperwork within their management system is tailor made to suit to concentrate on tasks that are chargeable litigation work, and have been so our business. It allows large documents to whilst at the same time it allows a practice delighted with the solution that they now be manipulated electronically to suit the with our history and credentials to move put all their print and data requirements varying purpose of the case, paper with the times and not only process data through the group. duplication is avoided and the end electronically but also contribute to the product is available on a disc to send to environment by reducing our carbon “We have used other companies in the our clients, barristers and our opponents footprint.” past, but none have been able to provide for them to save to a computer and the level of service we require and our benefit from features such as electronic The Betesh Partnership, whose main areas clients deserve. We have complete key word searching and the ability to print of business are Commercial Litigation, confidence in MPG Legal and as we move

Live beautifully.

CONFLUENCES seating. Design: Philippe Nigro. Colourful, easy, unconventional. Inspiring chats – not only about design. For further inspiration visit ligne roset Manchester.

Ligne Roset Manchester 64 Bridge Street, Manchester M3 3BN. Tel 0161 839 6662 Fax 0161 839 6668 www.ligne-roset-manchester.co.uk 22 February 2010 the Messenger DISCOVER THINGS YOU NEVER DREAMT WERE THERE…

The Royal Exchange Theatre’s Community Membership scheme is a new way to support our education and outreach work. Membership enables your business to enhance its corporate profile by demonstrating an active involvement with arts and culture in the community.

Engage your staff, customers and stakeholders and meet Corporate Social Responsibility priorities by supporting the work of our Exchange Education department. From developing stronger community links to nurturing new talent, theatre-based work makes a real impact in offering life-changing experiences.

We offer three levels of Community Membership, plus bespoke packages can be arranged on request.

DREAMER £500 Benefits include: 30 tickets for school pupils/ community participants for a performance at the Royal Exchange Theatre and accreditation as a Community Member on relevant publicity materials

INVENTOR £1,000 Benefits include: 30 tickets for school pupils/ community participants for a performance at the Royal Exchange Theatre, free tour of the Great Hall and Theatre, provision of transport to and from the Theatre and accreditation as a Community Member on relevant publicity materials

EXPLORER £2,500 Benefits include: 60 tickets for school pupils/ community participants for two performances at the Royal Exchange Theatre, two free tours of the Great Hall and Theatre, two taster work- shops, provision of transport to and from the Theatre and accreditation as a Community Member on relevant publicity materials

Join as a Community Member and show your commitment to engaging with the communities in which we live and work. Your support will help make a real difference in helping encourage, excite and inspire new generations of theatre-goers.

To find out more about becoming a Community Member please contact: Rebecca Muir, Senior Development Officer, Royal Exchange Theatre, St Ann’s Square, Manchester M2 7DH Tel 0161 615 6790 or email [email protected]

The Royal Exchange Theatre is a not-for-profit organisation and a registered charity, number 255424. As one of the UK’s leading producing theatres we exist to provide entertaining, educational and enriching experiences for all members of the community through our work both on and off the stage Manchester Law Society Classified 23 Classified Directory

CEDR Mediation Property to Rent Expert Witnesses

CEDR Mediator Mark Mattison, a consultant Georgian Office Premises FORMEDECON LTD Sheelagh Ward based in South Manchester is in historic Bexley Square Salford MA, RGN, Dip N (Lond), MIPD Joseph Shammah, available for commercial (10 min walk to Deansgate), Forensic and Economic Services mediations and for training on adjacent to the Law Courts. former Senior Partner of Handwriting and Documents Nurse Expert Witness Shammah Nicholls, Manchester, all forms of ADR. Drink/Drive/Toxicology Service is a Tel: 0161 980 6290 2,300 sq ft and has been Vehicle Examination CEDR Accredited Mediator, un- email:[email protected] completely upgraded to a very Fingerprints Nursing Reports in: high standard. Evaluation of Loss of Income ❐ General Nursing dertaking Mediations in Com- Glass, Paint, Soil, Foot and Toolmarks ❐ Each room has computer Care of Older People mercial Litigation Locums Road Traffic Accident Reconstructions ❐ Nursing Negligence networking. Ideal for a firm of Control and Restraint ❐ matters. Biological Material and Trace Evidence Nursing Homes solicitors looking for comfortable ❐ Care Costs/ Locum solicitor available, long or Blood and Fibres For further details contact: and affordable accommodation. Equipment Assessment short term assignments. Over 20 No service charges. years experience of General High Unit 41 Enterprise City Spennymoor Tel: 0161 832 9272 Street Practice. Tel: 01663 766453. Also comes with 4 car parking 1, Peckforton Close, Gatley [email protected] DL16 6JF spaces. DX 60185 Ferryhill Cheadle, Cheshire SK8 4JA www.shammahnicholls.com Commercial Property Locum Tel: 01388 811003 Fax: 01388 811918 Tel/Fax: 0161 491 4930 website: www.Formedecon.com Solicitor available. Computer Please contact James Boyce on www.sheelaghward.com Please mention the Messenger literate. Recent experience includes 0161 832 7777 when responding to advertise- a year’s Commercial Property Locum Email: [email protected] Dr. Louise Gee & work for a leading commercial Dr. Emma Pearce Overseas Advice ments practice. Phone Paul Bryson at Clinical Psychology Associates 01457 763340 or e-mail DUBAI - Help and advice for Commercial Cleaning Medico Legal Service covering: [email protected] property and other business avail- Practice for Sale WLK Commercial Cleaning * Sexual Offending able. Senior residential and * Aggression Over the last 8 years have been a Conveyancing, Wills and commercial property Solicitor with * Offending Behaviour Professional cleaning company regular visitor and have influen- over 4 years continuous Locum * Cognitive Assessments Probate Practice Carpet & upholstery cleaning tial/well connected contacts avail- experience offers you cost * Mental Health (including premises - Hard floors cleaning and polishing able. effective solutions for holiday * Risk Assessment & Management approximately 900 square feet) maternity and sickness cover .No For free quotation for sale. Please contact us on Email me - Agency fees to pay. Please contact Suite 232, 111 Piccadilly, [email protected] Scope for diversification and Martin Libman on 0161 485 1240 or Manchester, M1 2HX room for expansion. 07939 508543. 0161 737 0271 Tel: 07528471818 Main Road position £175,000.00 07853274257 [email protected] Please reply to Box No 654, 18 years as Locum Solicitors in the North West. Tel John Bradley/Lynda c/o Manchester Law Society, Greenwood 07790 612906 Avail- Couriers 64 Bridge Street, Manchester able to deal with Conveyancing and M3 3BN Family. Opportunity SVC Couriers LTD Unit 4, Notary Public Shareholder Disputes Crown Industrial Estate, Sole Practitioner – east side of city needs a base for self and Poland Street, Manchester secretary. A sensible arrangement to acquire benefit of ongo- Notary Public Solicitor with 23 years M4 6AZ ing files and wide connection. 2010 is here and I am getting no younger. Arrangement beneficial to both parties is what I look Robert Moss experience in such matters * Nationwide for and need. available on an Agency basis to * UK 27/7 Now available most days at: assist firms who wish to keep * Same Day Please reply to Box No 658, c/o Manchester Law Society, 64 Manchester Legal Centre clients in-house. * Next Day [3rd Floor] Please contact by email * Documents Bridge Street, Manchester M3 3BN 64 Bridge Street [email protected] * Parcels Manchester or telephone/fax: * Office Moves Situations Vacants M3 3BN 0161 445 1850 * Fully Insured Mohindra Maini LLP Willing to visit your office Tel: 0161 205 9090 Business/Commercial Property Fax: 0161 205 0331 Mobile: 07734 995902 We are looking to appoint Solicitor Email svccouri- Golden Opportunity! Email: [email protected] [email protected] experienced solicitors to develop our litigation and property departments. Fed up in the City? Get a life in the countryside Ideally candidates should be at Solicitor required to service partner/senior associate level. Contact us.... All rights reserved, reproduction in whole or part without existing client base and further written permission from the publisher is not permitted. If you wish to be part of the develop Commercial Property THE MANCHESTER LAW SOCIETY continuing expansion of our niche department in busy Cheshire 64 Bridge Street, Manchester M3 3BN Photographic material and manuscripts are supplied at owners risk, neither the company not its agents accept any practice please send your c.v. to town. Established firm with IIP Tel: 0161 831 7337 Sunil Mohindra at and Lexcel. Fax: 0161 839 2631 liability for loss or damage. Mohindra Maini LLP www.manchesterlawsociety.org.uk Excellent rewards and prospects 14 Oxford Court for the right candidate. Editor: Fran Eccles-Bech Would members please note, the deadline for all copy for Manchester M2 3WQ E-mail: FranEccles- ([email protected]). Please apply with C.V.& salary [email protected] inclusion in The Messenger is 12th of the month prior to publication. The Society welcomes articles and letters from details to Box Number 659 Enquiries will be dealt with in the c/o Manchester Law Society, 64 Publisher: Julia Baskerville Publications members on any topic and items should be sent to the utmost confidence. 25 Southworth Way, College Farm, Thornton Cleveleys above address Bridge Street, Manchester M3 3BN Lancs FY5 2WW Tel/Fax: 01253 829431 To advertise in The Messenger Solicitor, Personal Injury Panel E-mail: [email protected] The views and opinions expressed in the Manchester Messenger are those of the individual contributors and not please contact Member, winding down seeking part-time work. Locum cover? Advertising Enquiries of The Manchester Law Society. Julia Baskerville on [email protected] Perhaps Paternity leave cover? 01253 829431 www.baskerville-publications.co.uk Printed by MPG, Manchester Can be flexible and can offer family email: [email protected] law as well. www.baskerville-publications.co.uk Contact for informal discussion 0161 432 2608 The most advanced Hair Alcohol Test commercially available.

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