THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES LEGAL NEWS

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June 2 010

Sponsored by Editorial Board Richard Fisher - Editor Michael Walters - Secretary Gaynor Davies CONTENTS David Dixon Simon Mumford

03 CARDIFF & DISTRICT Editorial copy to Richard Fisher President’s Letter Charles Crooke 51 The Parade Cardiff CF24 3AB Tel: 029 2049 1271 04 Feature Fax: 029 2047 1211 DX 33025 Cardiff 1 New RTA Process E-mail [email protected]

Designed and Produced by PW Media & Publishing Ltd 05 FEATURE Tel: 01905 723011 Managing Editor Are we becoming uninsurable? Dawn Pardoe

Graphic Design Paul Blyth 06 PRESIDENT’S REPORT Advertising Sales Simon Mumford Alison Jones Email: [email protected]

Printed By 08 CARDIFF & DISTRICT Annual Dinner Stephens & George

. The articles published in Legal News represent the views of the contributor 11 CONFEDERATION SUMMER DINNER & DANCE and are not necessarily the official views of the Confederation of South Wales Law . Societies, Cardiff & District Law Society, or of the Editorial Board. The magazine 12 UPDATES or members of the Editorial Board are in no way liable for such opinions. Whilst . every care has been taken to ensure that the contents of this issue are accurate, 14 FEATURE we cannot be held responsible for any inaccuracies or late changes. No article, advertisement or graphic, in whole or in Chancery Lane news print, may be reproduced without written permission of the publishers.

Most aren’t financially ready for retirement... Seminar invite, Cardiff & District Law Society

Cardiff & District Law Society are pleased to be Date: 24 June 2010 working with Wesleyan for Lawyers - specialist Time: 6.00 - 7.30pm providers of holistic finance planning for lawyers. CPD Points: 1 hour (unaccredited) This seminar will examine key aspects of effective financial Venue: Law Society Office in Wales, Capital Tower, planning and will look at the following areas in detail: Greyfriars Road, Cardiff, CF10 3AG • Options for successful planning for your retirement Speaker: Jon Parker, • Key changes in penelons legislation Area Manager, Wesleyan for Lawyers. Complimentary drinks will be served. • Tax mitigation To reserve your place: Email [email protected], Tel 07769 640 554

2 JUNE 2010 WWW.CARDIFFLAW.ORG LEGAL NEWS CARDIFF AND DISTRICT PRESIDENT’S LETTER Stuart Hutton, PRESIDENT

What an enjoyable time I have had being other methods, a very inexpensive be thanked for his contribution way to entertain clients and is well to Education and Training. your President. It has been a great honour worth considering for the future. particularly when one bears in mind that the Once again I should like to extend I should like to thank our my thanks to Lowri Morgan Society was established 124 years ago. Administrator, Michael Walters for and her dedicated team at the A Society such can enrich us and the Society so his effort in ensuring the smooth Wales Regional Office of the as ours can only very much. The Cardiff and District running of the Society’s business. Law Society for their support. ever be as good Law Society is about helping its Thanks go to our Membership as its members members to bring attention of its Secretary, Vrinda Theara who has By the time that you read this and we certainly members and others the real issues spent many hours renewing links letter Peter Davies will be your have some that are collectively important to us. to establish a remarkable list of new President. Peter will be an enthusiastic benefits that members can take enthusiastic and hard working and committed In an effort to reflect the individual advantage of. Jennifer Perry has President who, I know, will want to members who needs of specialist practitioners we worked remarkably to sustain our develop the Society further. He is want our society to continue to thrive. have various working groups that finances as Hon Treasurer. Kevin committed to the wellbeing of the I hope that at our Council meetings beefing themselves up to become Greer has been responsible of the Society and we are most fortunate good humour has always prevailed. more proactive. At present the development of our web site and to have him as our new President. groups deal with Civil Litigation, it is through his hard work that I invite you to join me in wishing Here in Cardiff we are in a special Crime, Family and, soon, Regulatory it is something that we can be him a successful year in office.n position. We work in the capital City issues. I have written before about proud of. Tom Danter must also of Wales and are placed to make a the Society becoming more relevant meaningful presence felt by those to those practitioners in the public that we deal with. Before I deal with sector as there are issues that affect this further, I ought to return to our the public sector and those working special position: Cardiff has a legal within it. I invite more public sector community which comprises lawyers lawyers to join us and to consider who collectively represent clients in establishing their own interest group. all the areas where the law stretches: from the Welsh Assembly to Local This year the Society has striven Government, the Health Service, to become more efficient and has the Civil Service, including the Court introduced an improved accounting JAMES & BULTEEL have recently merged with PETER DAVIES of Cardiff and need additional fee earners to Service and the Crown Prosecution system and membership data base. help fulfil an ambitious plan for growth at their Pontypridd Service, Charities, Corporate entities Our web site will enable members office. and Private Practitioners. There to renew their membership and is within the Private Practitioner new members to join. In addition, We are seeking experienced practitioners, ideally with their own following, in civil litigation, crime and residential and heading a wide and diverse course events and the annual dinner commercial conveyancing. collection of specialists. Despite tickets can be bought on line. this diversity of specialist fields that Please contact Jill Bulteel or Peter Davies on 01443 408455 we practice, the unifying factor is This year our Annual Dinner was or send your CV to [email protected]. that we are all lawyers committed in my view a great success and to the same interest in the law and unimaginable credit has to go to its values and a search for justice. our Hon Sec, Richard Fisher, for orchestrating the event with great I am anxious that we lawyers should attention to detail. The City Hall is actively recognise and share our the best venue in Cardiff for our common values and strive to keep event. May I suggest that in future ourselves within a loop where we get you consider inviting clients to the to know and understand one another dinner; in my experience they do and give input to our Society which enjoy the theatre of the occasion enables us to share our views and and quite rightly think it is a privilege give expression to our concerns. to have been invited. The cost of The gathering of a collective voice the dinner is in comparison to

LEGAL NEWS WWW.CARDIFFLAW.ORG JUNE 2010 3 feature NEW RTA PROCESS

Michael Imperato

We have recently entered a new world. A new regime is in place. The old proportion of claimant personal injury the claim which appears to be low in is swept away by the new. No, it is not the outcome of the recent election work, would be put off from embracing value but then turns out to be a multi- but the new RTA claims process, more snappily known by the Ministry of this new process and see it as not track case after all. Practitioners need Justice as; “Low value personal injury claims in road traffic accidents”. The worth the hassle. Are we going to move to be able to spot escape routes from process applies to RTA claims worth between £1,000 and £10,000 where the accident occurred on or after 30th April 2010 in England and Wales. The to a profession where only the large the process and be able to negotiate valuation figure includes the Claimant’s financial loss (special damages) bulk providers undertake RTA work? with confidence and realism. The but not any claim for vehicle damage. Liability must not be in dispute. It onus is on the claimant to make the does not include cases where there is a dispute on causation or contributory If your practice is going to embrace the running. Prevarication is not an option. negligence, unless the only issue of contributory negligence is that of a new process, you need to appropriately In theory, it should deliver to the public seat belt. It does not include MIB untraced but does include uninsured. gear up your case management a quick service for simple claims, Therefore, in essence, the process Stage Three systems and internal processes. The which must be what people want. What applies to straightforward and low If quantum cannot be agreed, the fees at the fixed stages may seem low impact it will have on personal injury value RTA claims. It is estimated claimant must seek a Court hearing. The but the whole point is that the work is practitioners is difficult to gauge but, that these make up the vast majority parties can ask for a paper hearing if straightforward and streamlined. Speed impact it will have. I would be interested of all personal injury claims and they both agree. In those circumstances and efficiency are the key. Payment to hear your views and experiences. n will capture 2,000 cases a day. the Judge reads the settlement pack is quick and, in theory, guaranteed. and gives judgment. Details of any offers Economically the system is geared for Michael Imperato There are several stages. In are submitted in sealed envelopes. lower grade fee earners but there will Russell Jones & Walker very brief terms they are: If the matter is determined after a have to be appropriate supervision and [email protected] paper hearing, costs are £250, If an training. Importantly the claimant’s Tel: 029 2192 1818 Stage One oral hearing, £500. A fixed success will need to still be able to spot Instructed solicitor takes details from fee of 100% will apply when the the client, sorts out funding and claimant succeeds at a hearing. completes a Claim Notification Form (CNF). How the scheme should work is The above is the broadest of broad that the CNF should be e-mailed to the summary of the process. There are a Defendant’s insurer who then has 15 myriad of fine details and fine tuning. business days to admit or deny liability. The process however does depend If denied or there is a failure to respond, on electronic communications. In the SCHOOL OF LAW the claim leaves the process. If liability build-up to the process there have been SWANSEA UNIVERSITY is admitted, the claimant’s solicitors is major teething problems in setting up COURT DUTY SOLICITOR & POLICE STATION entitled to £400 costs within 10 days the electronic process. This should not REPRESENTATIVE ACCREDITATION HIGHER RIGHTS OF and the case moves on to Stage 2 really come as any great surprise and, AUDIENCE ACCREDITATION (CRIMINAL COURTS) there are bound to be various issues Stage Two arising, which were not anticipated, The School of Law provides training and assessment in both The claimant obtains details and during the first few months of the Police Station and Court Duty Adviser Schemes and is now evidence to value the claim and system operating. For that reason the accredited to assess candidates in the Higher Rights of puts all this into a settlement pack. Civil Litigation Committee of the Cardiff Audience Qualification (Criminal). A settlement pack is supposed to & District Law Society are monitoring We offer... be a “living” document accessed on the early months of the process live by both sides. The settlement and would welcome feedback from • Fortnightly assessments for CLAS/PSRAS in Swansea, monthly in London and regularly in Birmingham and pack should be completed within practitioners. Indeed, if a practitioner Wigan. HRA assessments at least quarterly 15 days of the claimant’s medical wants to play an active part in this, • Rapid CLAS/PSRAS portfolio assessment; report being confirmed as factually they are more than welcome to join the • Regular training dates nationally – accurate. It is sent to the defendants Committee. Membership of the Cardiff in conjunction with CrimeLine with the claimant’s offer. There is an & District Law Society is not obligatory; initial consideration period for the what is required is expertise and first Assessment and training dates available from... Defendants of 15 business days , a hand experience of how this system is Andrew Clemes, Director of Professional Development, negotiation period of 20 days. If the operating. In particular, we would like to School of Law, Swansea University SA2 8PP. 01792 claim settles there is then payment hear from those who might normally be 602251 [email protected] of £800 costs within 10 days of described as “High Street” practitioners. Or email the administrator: [email protected] settlement, plus any success fee It is feared that such practitioners, Please visit our website at: www.dutysolswansea.co.uk plus any disbursements specified. who have always done a substantial

4 JUNE 2010 WWW.CARDIFFLAW.ORG LEGAL NEWS FEATURE

ARE WE BECOMING UNINSURABLE?

PETER DAVIES • PRESIDENT • CARDIIF & DISTRICT SOCIETY

On 30 March 2010, Quinn Insurance Limited was placed Start Preparing for provided, such as: into provisional administration and ordered by Ireland’s Renewal Now - Up to date claims summaries financial regulator to cease writing new business in Whilst firms must buy PII, the issued by your insurers? insurers (whether an existing - Completed supplementary forms? England and Wales. The provisional administrators’ insurer or one of the other - CVs? appointment was confirmed on 15 April 2010. approved insurers) are not - Reporting accounts? In September 2009, Quinn wrote At that meeting, it is understood that obliged to provide a quotation. • Is the declaration £23.7 million worth of solicitors’ the market will demand a series of AON, who are one of the major signed and dated? PI cover, which is just under 10% reforms aimed at stemming rising brokers in the solicitors PII market • Has a colleague proof read of the market. Quinn provides rates. However, the insurers are suggest that all firms should use the and checked the presentation? n coverage for 2,911 practices, calling for a radical overhaul of the following checklist when submitting which are mostly sole practitioners sector and in particular they want their proposal to the underwriter: If you require any further information and 1-3 partner firms. to see changes to the minimum in relation to your renewal or want to terms demanded by the SRA. The • Can insurers easily read and share any experiences, please do not Both the Law Society and the SRA insurers’ biggest bug bear is how understand the proposal form? hesitate to contact me on 029 2022 have recommended that the policy the Assigned Risks Pool (ARP) • Is the form typed and 5472 or [email protected]. holders should not take any action should be governed and funded. free of errors? in relation to their existing cover if The ARP is the insurer of last • Are all the questions answered? they are insured by Quinn. If the resort for firms that are unable to • Does the percentage work position changes, then it may be obtain cover on the open market. split add up to 100%? necessary for all of those firms to All insurers participating in the • Is all the requested information buy replacement cover. Whereas market contribute a proportion of a final decision is awaited from the premium collected the ARP. In Grant Thornton (the administrators) previous years, the number of firms and the SRA, it is unlikely that that entered the ARP was relatively Quinn will write any new business small – up until last year, they in October 2010 and they will not were measured in single figures. Partnership Ltd offer renewal terms to existing However, as at February 2010, Celebrating 25 years of professional costing firms who are insured with them. the number of firms in the ARP services to solicitors increased to an all time high of 241. Grant Thornton have also said that any valid claims will The demands by the be paid and there will be no insurers also include: implications for run off cover. • Avoidance provisions for fraud The closure of Quinn’s UK PII and dishonesty, non-payment business is likely to have serious of premium, misrepresentation implications for smaller firms. and non-disclosure. Already, a number of the major PII insurers have decided to stop • Claims by commercial insuring firms with fewer than 10 clients should be limited or partners. It was this market that even excluded completely. Quinn aimed for when it entered the market over 2 years ago. • The cost the ARP should be funded by a levy imposed In addition to Quinn’s problems, by the Law Society. there is a crunch meeting scheduled between the SRA and the • Compulsory run-off should be Association of British Insurers and replaced by a compensation fund. the leading PI insurers during the week commencing 17 May 2010.

LEGAL NEWS WWW.CARDIFFLAW.ORG JUNE 2010 5 PRESIDENT’S REPORT - December 2009 It was Woodrow Wilson, the US President during himself into a fawning sycophant, woolsack for the purpose of helping begging for astute political comment the six billion save? Not a good the first unpleasantness, who said “if you want to from Joan Collins, who, lets be honest, sign, methinks! “Star comedy by make enemies, try to change something”. thinks that fiscal recovery is what Democrats”. (Which incidentally is a happens when the botox relents and palindrome). Well, we have had quite a few changes Sauv Blanc (New Zealand of course) stops turning her face into a numb And if we just look at the since I last put finger to keyboard. and laid a fire in the ancestral haddock. differences between the Lib Dem and We have a new Government. All inglenock (actually a marble job I decided that it would be more fun Tory Manifesto’s on Justice, we can the broo ha-ha of the nutty night in costing about £300 to replace the to go to bed, ready my book, and see see that, to coin a tune “There may be early May when the British people, ghastly “Pembrokeshire Slate” effort whether it would prove more sensible trouble ahead”. having had to endure (or, in some that my late lamented Grandpa got to have a good nights sleep, see if the The Tories say “prison works!” cases enjoy), the new real politic of conned about 500 smackers for in exit polls were right, and whether we The Lib Dems want to abolish short the equivalent of that daft programme the fifties. Turned out to be a slab would have a hung Parliament. It was, sentences in jail. The Tories want a “Total Wipeout”, the “Leaders of concrete with a few bits of skinny they were, we have. Bill of Rights, the Lib Dems want to Debate”, decided to be undecided. stone stuck on). Of course there was a small matter have a EU model. And they disagree I do feel that we should have done I voted late (6pm is late for the of those who were unable to vote (EU on immigration. Not exactly singing the whole hog and had Richard Queens Hall, Narberth), watched the says they have to), and the fact that from the same hymn sheet from the Hammond putting Gord, Nick “Don’t Shawshank Redemption (best film all those who did NOT make it into the outset then. turn your back or I’ll run off with your ever) Morgan Freeman clutching his Polling Booth being compensated to Still, it is fairly momentous time less attractive sister” Clegg and Dave bag on a Mexican bus, The Warden the tune of 750 dabs (What-all 50% off in British politics – the last coalition “I’m a Morris Minor and three pints turning shades of puce to sickly green who didn’t bother?) “Please take my life Government in this country was during of Double Diamond man, so I can’t after chucking a chess piece through jacket Clegg-San”, four places on the the Second World War (The Lib Lab be posh” Cameron, through the big Raquel Welch’s poster, brilliant. cabinet – no have six! PR, AV, OK!! Pact was just that – a pact in 1977 red balls, nasty boxing gloves and Anyway, ten o-clock arrived, and So for the first time this Millennium which allowed Labour to stay in power dizzy dummies, whilst outlining their I was ensconced on my tatty red I write this column with a different for nine months. The one before in the manifestos. armchair. The exit poll came up. A bunch in power. Will they change thirties (the last peacetime coalition) Don’t you love those big red balls? bit of “Dimbleby suave”, “Paxman things? Will we see justice restored, didn’t last long at all. Everyone I know who watches the nasty”, some political analyst who legal aid for all? What I am interested in is this. If inane nonsense has a theory about did a “Monty Python” foaming at Well I was a bit bemused to Nifty Nick is Deputy Prime Minister how to do it. None are remotely the mouth and gibbering. Then “The see Ken Clarke installed as Lord and Deb’s Delight Dave is indisposed feasible, and we would all make Boat”. Who in the name of all that is Chancellor. Jolly nice he looked in the and forced to take a break, does Mr complete idiots of ourselves if we sensible agreed to that idea. A load of full shoulder length wig and Johnny Clegg take over as PM? Not that would tried. It’s compelling stuff. To see one celebs getting oiled and spouting what Shafto silver buckled shoes in place be a real change- the first Liberal of the presidents - elect plunge into you would expect from... well a load of the tatty hush puppies he normally (admittedly Lib Dem) to be PM since the mud and then say “Now here you of celebs getting oiled. Andrew Neill sports, and not as Minister of Injustice David Lloyd George. Who was Welsh. have a perfect example of the change bustling from the freezing cold deck, but in the old job title. All for a bit of Which is, I know about as relevant to of true economic recovery!” – worth a where he had left a load of worthless tradition, me. any of this as the fact that a pig sleeps million votes. (and therefore obviously expendable But wait! Isn’t Ken an economist? on its right side, or that a monkey was I fully intended to watch the whole to death by hyperthermia) journos What is he doing in charge of Law once tried and convicted of smoking drama unfold. I’d even bought a with nary a thought, to the plush toast and Lawyers. Could it be, perchance, a cigarette in Indiana USA. Or even packet of Pringles and a bottle of innards of a boozer cruiser, turning that he is being perched on the that Pamela Stephenson once stood

Aon are pleased to be working with Cardiff & District Law Society to bring you this valuable seminar on Practice Standards Unit visit. Following your feedback from last year our seminars this year will continue our theme on Practice Standards Unit (PSU) visits. We will highlight the top breaches identified from PSU visits and what to do about them, including:

• Preparation • Hot topics Date: 7th July 2010 Time: 1.30pm to 5pm • The outcome CPD Points: 3 hours (Accredited) Fee: Free Venue: Registration will be via our new online system at www.aon.co.uk/ The Law Society, Capital Tower, Greyfriars Road, Cardiff PSUseminars or by returning the attached form. Spaces are limited Please reserve place(s) at each event so please book early to avoid disappointment. We’ll confirm your space and full address details via email. Name(s) of delegates: In addition to the seminars we’ll also be providing you the opportunity for an individual 15 minute meeting with one of our specialist client managers. These will be available after the seminar on a first come first serve basis, if you’d like to take advantage of this you’ll be able to submit your request on the registration form.

Speakers Name of practice: This year we are providing these seminars in association with Legal Risk LLP and one of the following speakers will be at each event. All of our speakers have a wealth of experience and expertise in risk management. Address/DX: • Frank Maher – Practising solicitor and partner – Legal Risk LLP • Francis Dingwall – Practising solicitor and partner – Legal Risk LLP • Sue Mawdsley – Practising solicitor and partner – Legal Risk LLP

We are pleased that speakers from leading Accountants within the Praxity UK network will provide a brief presentation on their recent Email address: experiences within the legal sector in respect of PSU visits. Tel no: For further information on our speaker’s backgrounds please log onto our seminar website: www.aon.co.uk/PSUseminars Please return to Emma Dunn, AON Limited, 25 Marsh Street, Bristol BS1 4AQ. Tel: 0117948 5069, Fax: 0117 948 5087, E-mail: [email protected]

6 JUNE 2010 WWW.CARDIFFLAW.ORG LEGAL NEWS PRESIDENT’S REPORT - JUNE 2010 for Parliament for the Blancmange The great characters I served European adventures in Belgium 25 we!) he looked like one of the terrible Throwers Party, but the best I can under- Layton Lougher, Sol Joseph, years ago!), Greg Steele, Andy Owen teenagers in Kevin and Perry go large. come up with. Sam Simon, Michael Jones, Jeff and Tim Lucas. But when he literally ran his boots So the jury is well and truly out about Thomas, Allen Oliver. I really could Now you would normally expect me off, and had to borrow my rather how all this will evolve. However, I have a fill the page with our extraordinary to relay the latest gaffe from Leo Abse fetching pair of red ones (Correct, I nasty feeling that I won’t be praising any Presidents. The enduring friendships, partner Owen. He has figured largely do own red ones) he had the most of the new lot anytime soon for raising the sense of camaraderie, all these I in the past. But no! Apart from having amazing resemblances to Florence Legal Aid rates. As Groucho Marx said shall cherish. the distinction of being part of the first from the Magic Roundabout! Not “Politics is the art of looking for trouble, Being a member of the Cardiff ever Accie touring brothers (with Nick, only that, but he revealed a hitherto diagnosing it incorrectly and applying Council, being the Secretary and who also works for the firm), putting in unknown talent. On scoring the the wrong remedy!” President of the largest Local Law the usual 100% effort that he always winning goal against a team from So what else has changed Society in Wales, seeing Cardiff does, and being similarly consistent Strasbourg, he celebrated by doing a significantly? English (and Welsh) cricket lawyers fighting with real vigour as a great bloke to be with - nothing. back flip! A thirty plus Solicitor doing a team actually winning something. on national issued and making a Not an own goal, attempted back heel. back-flip! Now that is a change. Penny Smith leaving GMTV (tragedy!), difference. It’s been a real honour. Not a sausage. Oh, he did leave the He repeated the trick later that a high official of the English FA being I am sorry I wasn’t able to make my presentation pennants in his room, evening, over a municipal flowerbed a tad indiscreet with a flirtatious lady final Council Dinner (perhaps I’ll get but these were brought from the hotel on a busy Antibes roundabout, then and probably losing the World Cup an invite next year-hint, hint!). My best by a room mate. Very disappointing, O calmly announced he had been the (ok – not so different, thanks to Sven), wishes to you all for the future. Of son of Solva! Northern Irish boy Gymnast of the year volcanic ash disrupting air travel (come course I shall still be available to help sometime in the eighties. to Pembrokeshire this summer – it and liaise on behalf of the Confed. Bearing in mind I could barely walk might not rain). Apparently fibbing is a The reason I wasn’t able to make So no great tale to tell of unaided by this stage, I was more than true sign of a successful person. And the dinner, was because the Cardiff Cardiff notoriety then? a little impressed, I can tell you. (No, there is a new Robin Hood film where Accies were invited to play in a very Au Contraire! Step forward the Irish No, injury and old age not beer!) our hero doesn’t wear tights. But gets a prestigious veterans tournament in bard Tim Lucas, whose tour was a He then proceeded to teach me a mite narky if you suggest his accent is South of France. Antibes’ Fontanne newsfest for your humble scribe! pretty complex drinking game, which I a bit off. (How do we know what accent Club hosted it and very grand it was Tim, like the afore mentioned Gary lost six times in a row. Only then did he he had anyway?, Don’t recall the tape too. The Czech Republic sent a side - Rocks, hails from Northern Ireland. tell me that he had forgotten to tell me recorder being invented in 1290). all international. Thankfully we didn’t Unlike Rocksy, he has stayed in Cardiff the last bit. Even that change didn’t On a personal front, I have retired have to play them, but as the local and is now a conveyancer in Penarth. make him my enemy. from the Cardiff & District Law Society newspaper put it “Whilst local French Both these lovely fellows are Well, as they say “There are Council. Since I am pretty firmly tied sides had physical confrontations, utterly charming, the terrific senses of two rules for success: 1) never tell to my West Walean fastness, and the Czechs and the Welsh drank beer humour, and, like all children of Erin, everything you know...” can’t really justify the dash up the M4 together!” Could be worse press. tell “a fine wee tale”. twice in the first week of the month, As usual there were a large number However, since our last trip, Tim Enjoy the summer. n I have had to reluctantly put the of current and past Cardiff Solicitors has allowed his very red hair to grow. Mumf Confederation first. It will be a wrench in the ranks apart from me. Richard Very, very long. Donning his new after nearly thirty years, and I have Payne, Gary Rocks, Graham Miles maroon Accies baseball cap (Oh Yes! many happy memories. (who, along with me played in the first Fashionistas in the Sud Francais

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Berry Smith, Darwin Gray, Geldards, where disputes have often arisen ILEX UPDATE Hugh James and Morgan Cole. through unforeseen financial turmoil WALES FORUM policy or procedure both in the rather than negligence or bad will. It is the case that many issues taken working practice and education Speaking about the background into consideration and decided upon in Wales (not just South Wales). to the group Richard Locke There has been a tendency for in Wales impact upon the working The Forum will then report to ILEX partner at Hugh James said: mediators to be appointed from practices of the ILEX Membership Council who will consider future far afield through a number of living and working in Wales. ILEX involvement to benefit Members. “In recent times we have noticed the more established providers. are therefore keen to have as a huge shift towards mediation Ian Herbert, who is a partner at much information and become ILEX SOUTH WALES BRANCH with the Court’s adopting an Darwin Gray and co-founder of the involved in these issues in order It is fast approaching exam time almost compulsory approach for group, believes it is important that to support their membership. and the Branch, in conjunction with disputing parties to explore all more of the work stays in Wales: Coleg Glan Hafren, has arranged avenues of resolution. Forming a The ILEX Regional Liaison Officer Revision Days for Level 3 and group from some of the region’s “Although it might be uncommon for Wales, Lynne Squires, (who is Level 6 Students which are due to most respected commercial for rival firms to work together also a Committee Member with the take place in May. Good luck to all practices seemed like the natural we believe that our core strength Confederation), represents ILEX on Students in their forthcoming exams. way to provide an accessible is our combined knowledge and a number of influential committees and professional solution.” understanding of the dynamics of in Wales, namely The Legal Wales Our next Branch meeting is to the Welsh business community. Our Standing Committee, Justice Wales be held soon when we hope to The increased popularity of ability to grasp key issues quickly will Network, ReachingJusticeWales, start making plans for this year’s mediation has certainly come at undoubtedly assist parties in dispute but there is currently no formal Branch Ball. More information a good time. Financial pressures and hopefully enable them to reach a process by which these issues are on progress can be found on the on businesses have undoubtedly more swift and painless resolution.” referred to ILEX for consideration ILEX website under Branch News led to a higher volume of disputes, and, of course, there may be other or in the Journal and mediation has emerged as a The group will be working over the issues affecting the legal sector in under Members News. n successful method of achieving coming months to raise awareness Wales of which Lynne is not aware. resolution in a constructive and of mediation as a genuine alternative The Branch is always keen to cost effective manner. Mediation to litigation amongst the legal There is clearly a potential attract new Members and if you involves the coming together of and business community. n for information, consultation need any further information warring parties to reach a mutually opportunities and events not on joining the Branch or any acceptable and constructive being brought to ILEX attention. of the forthcoming events, outcome. This has proved particularly It has therefore been agreed that please contact me: important in the current climate ILEX will create a Forum, aptly Frances Edwards, Branch Chairman named the “Wales Forum”, to c/o Caswell Jones, 18 Cardiff SWTSG UPDATE assume responsibility for gathering Road, Caerphilly CF83 1JN information and assessing the Tel No 02920 864888. Fax A long, long time ago, I can only just give first hand advice on life as importance and relevance of No 02920 863912. remember when I did… my LPC? a trainee and any tips that could issues which may influence Email – [email protected] Using these (butchered) words of be offered on how to secure that Don McLean may be legitimate for . The evening took those over ten years qualified but I’m on a “speed networking” format Coalition is the popular way not sure if any trainee solicitor would whereby each trainee remained forward in difficult times be justified in using them. However, seated on an individual table, while I’m sure a lot of trainees would admit each student swapped tables every Businesses are frequently accused certainly entered into this spirit of that they would actually feel rather ten minutes. This format provided of being too one dimensional in coalition with new venture Mediation inclined to use them! Once the world each student with the opportunity to their approach to competition, Wales, which sees practitioners of work is entered into, many of us speak to every trainee present. Food often choosing to go it alone when from five of Cardiff’s leading firms are happy to leave the fretful world and wine were provided and the working together could be a more come together to offer mediation of exams and searching for training students and trainees mingled once constructive approach to achieving services. The move is [mainly] in contracts behind us and choose to all of the table swapping was over. collective goals. A perfect example response to the heightened demand forget about that time completely! of how this kind of approach might for this increasingly popular method Yet on 29th April 2010 SWTSG Other SWTSG events in the last two yield mutually beneficial results of dispute resolution. In April the members re-jogged their memories months include the careers evening is our new coalition government, group launched its website of those days and journeyed to for those trainees approaching which has set about its task of www.mediationwales.co.uk which Cardiff University to meet the LPC qualification. The evening was hosted rebuilding the nation by seeking aims to raise awareness of the and law students in order to provide by Chadwick Nott who provided to put party politics and traditional benefits of mediation, provide them with some support during that the trainees with a useful talk on ideals aside for the greater good. details of expert mediators, and uncertain stage of their careers. future careers prospects and also ultimately keep mediation work with an informative booklet with The Cardiff legal profession has within Wales. The firms involved are The aim of the evening was to CV advice. The evening was well

12 JUNE 2010 WWW.CARDIFFLAW.ORG LEGAL NEWS UPDATE

attended, offering free drinks and www.SWTSG.com for more details. The major item for discussion at sums by way of compensation to nibbles and many trainees left the conference was the changes to disaffected clients – the maximum the event telling us they felt more As of 19th June 2010 we will no the regulatory landscape that face sum will increase to £30,000! positive about their hunt for jobs. longer be known as the South Wales the profession over the next 18 Trainee Solicitors’ Group as we are months. Following a keynote speech One of the other items that was Next up on the SWTSG calendar now rebranding ourselves to become by the President, Robert Heslett, discussed is a draft Memorandum is the event you have all been the South Wales Junior Law Division there were then contributions by of Understanding (MoU) between the waiting for… the SWTSG Annual (SWJLD). The Junior Law Division Charles Plant, the Chair of the Law Society and local Law Societies. Ball kindly sponsored by Legal is an organisation within the Law Solicitors Regulation Authority, on The MoU is designed to identify the People in association with NewLaw Society which aims to represent the way in which the SRA propose to ways in which the Society and local Solicitors LLP and Lamp! Anybody the views of trainee and newly change the current Code of Conduct Law Societies can work together more who is anybody will be there so qualified solicitors nationwide. As so that it can regulate not only effectively for the benefit of solicitors. make sure you buy that ticket SWJLD we will be aiming to do this solicitors practices, but those who Following detailed discussions, you’ve been meaning to get before on a local level. Details regarding choose to operate under alternative it is likely that the final version of they all sell out! The black tie this change will be on our website business structures, which become the MoU will be available for all affair will take place on 19th June www.SWTSG.com shortly. n operational from 6 October 2011. solicitors to consider and discuss 2010 at the Park Plaza hotel in in the near future. Unfortunately, Cardiff at 7pm. Tickets are £42 per Sophie Jones (Hugh James) There was also a very useful it is not possible to print a copy person which includes a Pimms National Representative contribution by Elizabeth France, of the draft Memorandum in this reception, three course dinner and for the SWTSG the . As you edition of Legal News. A copy can be entertainment. Visit our website know, the Legal Complaints Service viewed on the Law Society website. will cease to exist later this year and the Legal Ombudsman will A full report on the President’s USED LAWBOOKS FOR MALAWI take over the management of and Secretary’s Conference Exactly 100 boxes of lawbooks were was made to our law society. The complaints against solicitors. The will be published in the next included on the cargo manifest of donation of books will go a long way Legal Ombudsman will have far edition of Legal News. the lorry which set off for Malawi towards enhancing our research greater powers than those available at the end of November last and and we thank you very much” at present. Indeed, the Ombudsman Peter Davies the practitioner material was will also be able to award far greater President successfully delivered in late January There is also an exciting opportunity to the Malawi Law Society in Blantyre for perhaps younger solicitors or (which was discovered to be the law students to help in a Paralegals only official Office and Practitioners Project of legal education in Library of the Society in the country) prisons and assisting prisoners and the student texts to the Faculty with applications for bail, preparing of Law at the University of Malawi their defence, appeals etc, in the in Zomba. Both the President of absence of any effective legal aid the Law Society and the Sub Dean system. This is partnered with of the Law Faculty expressed their Penal Reform International. There genuine gratitude for these books was a London barrister out there , the President Samuel Tembenu in January doing precisely this stating in his letter of thanks: for 2 months. Anyone interested in a trip out in the summer for at “We received a consignment of least two weeks or a month to books…donated by your Society assist in this way (as well as some on 22nd January 2010 which sightseeing), please make contact: will most definitely be of great value to the legal profession. Robin Davies [email protected] n We sincerely appreciate the assistance and the donation that

PRESIDENT’S & SECRETARY CONFERENCE 2010 On Friday and Saturday 14/15 May these were represented at the 2010, I attended this conference conference. In addition, there were at Chancery Lane. At present, there also Council Members and staff are over 100 local Law Societies from the Law Society present to that function throughout England contribute to the discussions. and Wales. A large number of

LEGAL NEWS WWW.CARDIFFLAW.ORG JUNE 2010 13 FEATURE CHANCERY LANE NEWS DAVID DIXON

I write this in the midst of a hectic week. Tonight is firms (about 26% of the 10,958 firms the Law Society’s interim Access the Access to Justice Roadshow at Capital Tower. in England and Wales), this was to Justice report at the Law Society slightly less than 10% of the £240 website. Labour was no friend of I’ve 3 trips to Chancery Lane too - Monday (Housing millions worth of PII business – many legal aid – on the Today programme Law committee), tomorrow (education and training firms in South Wales will be insured during the election campaign the committee) and Friday - Saturday (the Law Society’s by Quinn. Its departure from the PII only cut in public spending Ed Presidents and Secretaries Conference) with Peter market will make it harder to obtain Miliband could identify as one which PII this year – and 26% of firms Labour would make and the public Davies, Simon Mumford and Michael Walters. (coincidentally, the same percentage would notice was legal aid. There Simon will revisit Chancery Lane while the London insured by Quinn) reported problems is no reason to suppose that this Underground is plastered with advertisements for in obtaining PII in 2009. Insurance government will be any friendlier Mumford & Sons and their record Sigh No More. Simon, Matters, which is published by the – indeed, I expect things to be far Law Society in association with worse now that the campaigning is your record speaks for itself, you need sigh no more as Aon and is distributed free to every over. Some heads (such as those you’ve had your wish and we have a new government. firm, contains useful advice to help of Carolyn Regan, Gordon Brown you obtain insurance this year. and sundry ex MPs) have rolled, but Richard Fisher has set me a limit of will be ready for it. You will help more heads will roll as axes begin 750 words, so what can I report? yourselves to prepare for OFR if you Finally, in the back of all our minds to fall and scissors begin to cut. n Charles Plant, the new chair of the download the consultation from the is the worrying future of publicly SRA, addressed the April council SRA website, read it and consider funded legal services. You can find meeting. He and his new board are whether you, your firm or local law reforming that organisation to make society should respond to it. The it fit for its purpose. He is keen to deadline for responses is 27 July. cut its costs (some managers have left and are not being replaced) and One issue of immediate concern to change its culture. But make no to the profession is membership mistake, he is a tough customer and of mortgage lenders’ panels. The he was tough with Council when he paper we were given and the ensuing persuaded us to accept in principle discussion were confidential, but I a proposal to amend our governance can say that the Society is working rules to establish a new body, on hard to protect the interests of which the Law Society and SRA will solicitors and their clients. It has be equally represented, to deal with held many discussions with lenders the SRA’s budget and the provision and the Council of Mortgage Lenders of support services to the SRA. The about their panels and has already is the catalyst taken practical steps to assist firms of this change, which is intended to that were removed from lenders’ provide further separation of the SRA panels. The Society is developing from the Law Society. It is good news means of practical support to deal that this was achieved amicably. with the problem comprehensively but cannot talk about that yet. The SRA has begun its programme However the Society will make an of consulting on outcomes-focused announcement as soon as it can regulation (OFR), which it intends to implement (with a new Code As far as professional indemnity of Conduct) on 6 October 2011, insurance is concerned, I echo the when ABS are introduced. OFR advice given by the president, Robert will transform the ways in which Heslett, in the May 6 issue of the the profession behaves and is Gazette. The difficulties of Quinn regulated, but no-one knows how Insurance are well-known. As Quinn great the change will be, what is insured predominantly small firms – involved and whether the profession although it provided cover for 2,900

14 JUNE 2010 WWW.CARDIFFLAW.ORG LEGAL NEWS