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

Spot the ! - Page 4 Autumn CPD Seminars - Pages 10 & 11

AUGUST 2011

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

04 PRESIDENT’S REPORT Editorial copy to Richard Fisher Simon Mumford Charles Crooke 51 The Parade CF24 3AB 06 CARDIFF & DISTRICT Tel: 029 2049 1271 President’s Letter Fax: 029 2047 1211 DX 33025 Cardiff 1 E-mail [email protected]

07 UPDATES Designed and Produced by . PW Media & Publishing Ltd Tel: 01905 723011 08 FEATURE Managing Editor The Ryder Cup - Emergency Planning Enforcement Injunction Dawn Pardoe

Graphic Design 10 Cardiff & District CPD Courses Paul Blyth Book now! Advertising Sales . Alison Jones Email: [email protected] 12 FEATURE The Changing Face of Clinical Negligence in Wales Printed By Stephens & George

The articles published in Legal News 13 LIFESTYLE represent the views of the contributor and Cardiff XI -v- Swansea Law Society Cricket Club 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 or members of the Editorial 14 MOTOWN SUMMER PARTY Board are in no way liable for such opinions. In Pictures Whilst every care has been taken to ensure that the contents of this issue are accurate, we cannot be held responsible for any inaccuracies or late changes. No article, advertisement or 15 RECRUITMENT graphic, in whole or in print, may be reproduced Situations Vacant from Premier Legal without written permission of the publishers. The Incorporated Law Society for Cardiff and District Cpd Seminar Programme Presented in Conjunction with Central Law Training

14/09/2011 - Wills and Probate Update Booking arrangements and further information; please contact: Non-Members: £420.00 Members: £210.00 Central Law Training Ltd, Wrens Court, 22/09/2011 - Public Child Law Update 52/54 Victoria Road, Sutton Coldfield, Non-Members: £240.00 Members: £120.00 Birmingham B72 1SX. 13/10/2011 - Employment Law 2011 Update DX 708700 Sutton Coldfield. Non-Members: £420.00 Members: £210.00 T 0121 355 0900 F 0121 355 5517 19/10/2011 - Costs and Conditional W www.clt.co.uk Fee Agreements 2011 CLT’s terms and conditions as to Non-Members: £420.00 Members: £210.00 cancellations will apply.

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 3 PRESIDENT’S REPORT - SUMMER 2011

As I sit here in my garret tower in Cokey IS what it is all about? And how humble correspondent, was more akin come you never see the headline to a 1955 Ford Prefect than a Ferrari. Pembrokeshire, we are at the end of July. “Psychic wins Euro Millions Lottery?”) As I write, I’m still sore and stiff. The year has once again whizzed past. Last Except that the coalition DO seem to So, in the immortal words of time I penned this column, we anticipated change their minds about things. Faint Delia Smith “where are ya”? the Legal Aid White paper with the resigned hope, but then hope springs eternal! These “local derbies” used to feeling of Blackadder about to go over the Since I seem to have developed be the highlight of the year, with top. “A cunning play Baldrick? Well I’m a theme about time, I shall bodies queuing to take part. report on some GOOD times. afraid it will have to wait”. Swansea Solicitors, as ever, had a The Confederation Summer very good team (unfairly, I thought, What more could Bad times indeed! Bash was brilliant made up of the customary 11 men) they do to us? The only good bits to emerge were Michael Walters and Richard Fisher and they did beat us, but not without Well, now we know. Basically, no more that will writers who aren’t Solicitors put on a great night of entertainment. a good scrap. Well done them! Well funding for Immigration, social welfare, look like they will be regulated (about Those of you who missed out are to done the (mostly) Magnificent Seven. divorce... and some loony idea about time!); and that interpreters, who be pitied – as are those who wanted So come on lads (or lassies – just means testing in the police station. Oh cost the court over £60 million now, to come but were too late as the remember Rachael Heyhoe Flint - yes. I can see the feasibility of having are going to be cut down to £42 tickets were totally sold out. We had one of the great names of cricket!) to ring the LSC’s successor at 3am to million. (I smiled at this, because a lot of fun, and great entertainment find out if I can go to Haverfordwest ten years ago I suggested to Irvine from the bands. Roll on next year! for a violent disorder. It now appears of Lairg, the then Lord Chancellor, that that bit was “a mistake”. NO, that they should be employed as “Time and tide wait for no man”, the whole thing is a mistake. a national service on a salary. And as Chaucer said in the Canterbury that he buy his soft furnishings from Tales (except when he wrote it, it was And a rapid scan of the LS IKEA. Neither were considered then.) more like “Thyme and Tidde doth Gazette on July 14th made notte tarrye forr menne”). And I was the bad times worse: So how much time do we have? reminded of just that when playing for • “Immigration adviser folds” Well not long, because this new Cardiff Law Society against Swansea, Pictured (Back row from left): Tim • LSC warned ministers lot (as bad as the last lot) seem as my fellow ex-Pres, Mark “Yess, Musgrave , Graham Miles , Mike Imperato, Simon Mumford, Richard on cuts – “reductions may determined to make cuts within Noooo, Sorry!” Harvey, ran me out in Payne, Greg Steele, (Front) Tim Lucas, result in market failure”. days of announcements. the final over of our innings. Just as Andy Shanahan, Gary Rocks (now • Family courts expect more I was poised to make a half century! working in Northern Ireland), Andy Owen, Domonic Nigazzllo litigants in person. No doubt there will be a “consultation (well to be honest I was four with • Processing of Legal Aid period” (as SHORT a time as is two balls left, but I’m an optimist). Remaining on the “Sporty Solicitor” Applications delayed. imaginable), where we will raise a stink, theme, you will see have seen on cause as much brouhaha as possible To be fair, we had done quite well, as the cover the photographic souvenir When you add to that the fact that the and then they will implement it anyway. we only had seven men, skipper James of the Cardiff Academicals tour of representative groups (including the Davenport having been promised by Prague of a month ago. As some of Law Society and Bar Council) were I mean to say, this is all such guff FOURTEEN supposedly mad keen you will know, the club was formed only given FIFTEEN MINUTES each and nonsense. The effect on our Cardiff Solicitors (most of who were by Cardiff lawyers and, of the 25 to give evidence to the cross-party supposedly civilised country is actually young enough to have run Mark man touring party, no fewer than scrutinising the Legal Aid demolition, going to be drastic. It is probably an and my aborted run without wheezing 11 were either present or past you realise that Parliament as a whole imponderable to speculate what WILL and panting and having defibrillators at Cardiff Solicitors, and there they doesn’t give a fig about social injustice. be the outcome but it won’t be positive. regular intervals around the beautiful all are on the Charles Bridge, in Cathedral School Ground and in front of Saint Wadisiwski or some It’s a bit like Harry Potter against dark (On imponderables; What was the about a tenth of the time), but loads such. He being the Czech patron Lord Voldermort – only Harry (us) may best thing before sliced bread? Why dropped out without enough notice Saint of Lawyers. Incredible! If we get swallowed by the nasty snake in do Bankruptcy lawyers expect to be to get replacements. A real shame. had a Saint Sue Grabbitt-Run, the this version! (odd times- no more Harry paid? How does the snow-plough statue would be desecrated on a – my kids have grown up with him!) driver get to work? What if the Hokey “Time’s winged charlot” for your daily basis. In Prague, however, only

4 AUGUST 2011 WWW.CARDIFFLAW.ORG LEGAL NEWS PRESIDENT’S REPORT - SUMMER 2011

the pigeons are disrespectful. against the current Czech Champions, hose pipe which has been run over Shanahan as defence counsel. (And It was a terrific tour, the club being at their “reserve ground”, which by a lawn mower), he was drier than those of you normally impressed by honoured with games against the was designed to hold 200,000!!!! one of those “Sure for men” ads – Shan’s genius as an would Prague Golden Tigers (a pub team and he played the whole match! have been appalled – we think he made up entirely of former 2nd and Despite disguising myself in a Czech was bribed to throw the case!) 3rd Division Czech League players), Army hat, and mingling with the vast The tour was not without controversy, who we took on about 10 minutes crowd (there were three of us, and and it is with deep regret that I must To be fair the prosecutor Mike after getting off the aeroplane, the other two were groundsmen!), our report that “Bad Body Andy Owen of “Woody” Imperato (Yes, THAT and lost 5-2 against. We used all manager managed to catch me, and Abses”, once again found himself deep Mike, the Cardiff President who 25 tourists during the match, and I played the last twenty five minutes. in the do-do. This time he went AWOL you will see in the photo) swung then the following day divided into on the first night, pleading jet lag. (Flight the conviction by calling a resident the “Over 35’s” and “Over 45’s” And what a triumph! We lost 4-2 time was less than two hours). He was war criminal, who showed Andyo for matches against Slavia Prague against a team made up entirely brought before the Accie Supreme to be completely sane, if eccentric. and Sparta Prague respectively. of former Czech Internationals. Disciplinary panel, pleaded a defence As I was the judge, he never had of Insanity, and very nearly swung a chance anyway! So he joins my The “Youth team” took on the I had hoped to be the oldest player the jury vote, by reciting the whole parade of villains of this month’s former, playing in an incredible on the park, but was beaten by a of “American Pie” as his evidence. piece, along with Mark Harvey and 8-6 defeat, with Tim Lucas (of 72 year old who had played in the It was an impressive performance the entire coalition Government. Lucas Law) getting a hat-trick. Olympic Final of 1962 ! AND when and had several of the jurors on the I shook hands with him at the end, verge of tears and acquittal. Close Until the next time The rather more elderly were up with me spurting perspiration (like a then, despite his choice of Andrew Mumf

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 5 CARDIFF AND DISTRICT

PRESIDENT’S LETTER MICHAEL IMPERATO, PRESIDENT • [email protected]

It’s a great honour but also a little nerve-racking to that the proposed legal aid cuts in leading his beloved football be writing my first President’s letter. I would like to and abolition of the Legal Services team, Cardiff Academicals, in the take the opportunity of thanking my predecessor Commission will be a huge detriment Czech Republic in June of this year. Peter Davies. I hope I am able to fill his ample shoes to the vulnerable in society. Although many people will find this hard to believe, most of Simon’s and those of my other distinguished predecessors. If that were not enough litigators remarks do have some elements of face the implementation in part truth to them and he did indeed play The legal profession faces a of local providers; for instance, did – and some would say the worst against a Sparta Prague Veterans particularly challenging year ahead you know that membership can part – of the Jackson reforms. Again Team, packed with former Czech and it is vital that we ensure that allow you a discount on theatre our critics will say we oppose these international footballers at the the Cardiff and District Law Society tickets! As a society we should be on the grounds of self interest but second largest Sports Stadium in the (CDLS) is fit for the challenge and fit able to do a lot more in respect of the reality is that the unrivalled world (a prize – Mr Editor - for the for purpose. CDLS has made one of communicating with our members. access to justice provided by the first person to write in, naming the the biggest changes in its 126 year I hope to be able to set up a system relatively straightforward “no win largest current sports stadium in the history by widening the membership of more regular email contact back no fee” regime at present will be world). Simon will also report that to include non solicitors. We have and for between the society and undermined. In personal injury the touring party was particularly well introduced Associate Membership its members. We need to utilise terms, victims with anything other represented by the legal profession which is designed to encompass our website which is potentially than the most straightforward including myself and that we paid a wider range of those with an a very effective tool both for the of claims may find it difficult to homage to the Patron Saint of interest in the legal profession. This swapping of information between obtain funding or, if they do, may Lawyers whose statue adorns the is following a lead already set by members, but also the marketing find their damages dramatically picturesque Charles Bridge in the a number of local Law Societies. of our services and expertise to reduced. Meanwhile something centre of Old Prague. St Ivo was a I am pleased that we have had the public and other professions. which affects the whole of the 13th Century lawyer from Brittany. He expressions of interests in joining profession is the advent of was known as the “advocate of the from Barristers Chambers in It’s important that we raise the alternative business structures poor”. No doubt the Government are Cardiff, and, indeed, one Chambers profile of the Local Law Society and its “big bang” in October this banking on a return of St Ivo to plug has already joined. I welcome on and I was pleased to appear on year. At our meetings at CDSL the gaps they are intent on creating! board more Barristers and Legal both BBC Wales TV and radio in since I took over the presidency Executives who would like to benefit early July speaking out against the in May we have put a high priority Michael Imperato from membership of CDLS or wish proposed cuts in legal aid. I was on preparing for ABS. The truth is, President to help shape its future. Widening surprised that the story was given nobody really knows what impact it the membership of the society met so much prominence by BBC Wales is going to have on the profession. with words of caution from some and I found the journalist to be There are likely to be winners members but the overwhelming sympathetic to the cause. Too often and losers. What is important is feeling was that the days of stark cuts in legal aid are portrayed as that people do not ignore it. This distinctions between different whinging lawyers trying to protect is going to be a recurrent theme professionals in the legal world has their own self-interest. However, in my presidency and I am afraid long gone. We all have an interest in there is now, I believe, a real I will return to it again and again making the practice of law in Wales realisation that such issues are in future presidential letters. work and better to face the challenge far more about access to justice with a united front. Membership for vulnerable groups. With many I expect the first article that most of CDLS brings with it a number of lawyers now no longer undertaking people turn to in the legal news is benefits; there are discounts on CPD legal aid, we cannot be accused of the stream of consciousness that courses, discounts on recruitment total self-interest but it is down to is the regular column of Simon from Premier Legal Recruitment us to highlight the issue and lead Mumford. Therefore, you will have and discounts from a wide range the fight. I am genuinely concerned already read of Simon’s heroics UPDATE

FIRST TITLE ROADSHOW - 17th MAY 2011 REGULATORY ISSUES SUB-COMMITTEE

Cardiff & District Law Society was the Commission which led to Last year the Cardiff Law Society Solicitor to Cardiff City and County would like to thank First Title for the Land Registration Act 2002; Council decided that the SRA’s Council, but Kate has since retired. donating the admission fees for he rather ruefully admitted that proposals to move to a principle their Roadshow, which was held the Commission had not foreseen based regulatory regime for the To date the Committee has (in partnership with AON) at the the unintended consequences solicitors’ profession (otherwise considered and submitted full New House Country Hotel on 17th of making the Land Registry known as ‘Outcomes Focused responses to four consultation May, to the Society. The Roadshow records open to the public! Many Regulation’ – OFR) justified the papers published by the SRA covered a number of conveyancing thanks again to First Title for creation of a new sub-committee. all of which can be accessed topics including First Title’s HOPP their generous donation. n on the Cardiff Law Society web- and the Conveyancing Quality The remit of this new committee site, www.cardifflaw.org. Scheme on which we had an is to respond to current and future interesting discussion session. It regulatory issues facing the profession The consultation papers are: was particularly interesting to hear and in particular the members of • Architectural change – the Dr Julian Farrand a distinguished the Cardiff Law Society. The title new SRA Handbook academic and of course the editor Regulatory Issues Sub Committee • Future client financial of ‘Emmet & Farrand on Title’. Of the provided an appropriate (if slightly protection arrangements (PI large number of Law Commissions mis-spelt) mnemonic RISC : risk. insurance proposals) on which Dr Farrand has sat, one • ABS fee structure proposals The members of the Committee • The SRA’s equality framework include Peter Davies who was and engagement strategy ILEX SOUTH WEST BRANCH our Immediate Past President at the time of the formation of the Please feel free to read the responses ILEX South Wales Branch held its ILEX Regional Liaison Officer, for Committee, our national Law Society on the web-site. If you would like AGM on 16th February 2011 and preparing and delivering the Quiz. representative, David Dixon, two past to contact all or some of the RISC were very pleased to welcome Presidents, Hugh Price (1998/9) members with any comments or queries some new members to our Our Annual Ball will be held on and Richard Fisher (2007/8) and please do so by e-mail. Our respective committee. Sadia Ramzan and Saturday, 29th October 2011 at Rachel Harfield, a Partner with addresses are peter@jpeterdavies. Jemma Mansel are Students St Davids Hotel and Spa, Cardiff Russell Jones & Walker / employment co.uk, [email protected], Hugh@ at Coleg Glan Hafren and were Bay. Tickets are £30 for Branch law specialist. The Committee HPConsult.co.uk, RFisher@ccj-law. keen to get involved, so much Members and £35 for Non Branch was initially chaired by Kate Berry, co.uk, [email protected]. n so that Sadia was appointed Members. We are fortunate to Secretary. Coleg Glan Hafren have be able to hold our ticket price at always been supporters of the this very reasonable cost for a 3 JUDICIAL APPOINTMENT South Wales Branch and Coleg course meal and disco. We held Gwent have also now joined in by a Graduation ceremony last year Andrew Keyser Q.C. has been School and Balliol College, Oxford appointing Tom Harding as their for Graduates who had not been appointed Circuit Judge at Leeds before being called to the Bar in College/student representative. able to attend the Graduation Combined Court Centre where he will 1986. He became a Q.C. in 2006. ceremony in Bedford, for whatever be the Judge with responsibility for the On 18th July, the Branch held reason. We will again hold a Technology and Construction Court. Judge Keyser was a member and a Quiz Night at Tiger Tiger. We Graduation ceremony if there are former chairman of the Wales had a good number of teams in sufficient Members interested. Previously a barrister with Cardiff- Commercial Law Association attendance. The team from John based 9 Park Place Chambers, Judge and a member of the Chancery M Hayes led all the way through Future events will include a CPD Keyser will also handle chancery, Bar Association. He was also an the evening, only to be pipped at event in the autumn and Christmas mercantile and general civil work. Assistant Parliamentary Boundary the post by Coleg Glan Hafren. Drinks in December 2011. n He was educated at Cardiff High Commissioner for Wales. n There was a cash prize and chocolates for the winners and FRAN EDWARDS wooden spoons for the losers. Vice Chairman, ILEX South Wales HMCTS WALES - TEMPORARY SUMMER The hot food platters provided REDUCED COUNTER SERVICES by Tiger Tiger were very nice but For further information about the no-one took the opportunity to Branch or future events, please Cardiff County Court will be operating If you have an urgent matter try out the karaoke booth! The contact Fran Edwards, c/o Caswell with a reduced counter service during this time, however, evening ended with a compulsory Jones, 18 Cardiff Road, Caerphilly from Monday 25 July 2011, open you should contact the court game of heads and tails with CF83 1JN. Tel 02920 864888. Email Mondays to Fridays, 10am to 2pm, on 029 2037 6400. n prizes donated by ILEX. Thanks [email protected] or check and but closed 2pm to 4pm inclusive. to all those who attended and subscribe to our blog site on hhtp:// Normal service will resume on Mark Swales special thanks to Lynne Squires, ilexsouthwales.wordpress.com Monday 19 September 2011. Delivery Director

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 7 Legal FEATURE

THE RYDER CUP - EMERGENCY PLANNING ENFORCEMENT INJUNCTION

Planning Policy Wales authority, ‘should take vigorous Paul Matthews, the chief This is the story of the Ryder enforcement action to remedy the executive of Monmouthshire Cup emergency planning breach urgently or prevent further County Council said: “This sign enforcement injunction. serious harm to public amenity’. is illegal. Monmouthshire County Council has a duty to uphold It is how the Welsh Assembly The Ryder Cup planning law. We also have a Government’s Planning Policy Wales The Ryder Cup attracts the world’s wider duty to Wales. The Ryder was, within 2 months of it coming best golfers. Over the course of 3 Cup is an event of international into operation, put to the test in days it is televised and watched by importance that is showcasing the full glare of the world’s media, global audiences. The marketing Wales. This is why we have taken and the land use planning policy potential for sponsors is enormous. the strongest possible action. for Wales was decisively enforced in the High Court. The policy says: Between Friday, 1 October 2010 Action and Sunday, 3 October 2010 Action was fast and decisive. ‘An effective development the Ryder Cup was to be played By lunch time the following day, management process requires at the Celtic Manor Resort. Tuesday, the local planning authority uestion: What have local planning authorities to be telephoned urgent instructions to QThe Ryder Cup, golf’s prepared to take enforcement action Lying just outside Newport, Gwent the barrister, Mair Coombes Davies, greatest tournament; which in appropriate circumstances. The the Celtic Manor Resort is set in of the specialised chambers in arrived in Wales in 2010; A giant decisive issue for the authority is a beautiful, verdant valley. It is , Civitas Law to act for it sign billed as, ‘the largest free whether the breach of planning designated a Special Landscape in obtaining an emergency planning standing sign in the world’ and control would unacceptably affect Area within Monmouthshire Unitary enforcement injunction under the Ireland’s biggest bookmaker public amenity or the existing use Development Plan. Along one Town and Country Planning Act got to do with each other? of land and building materials side of the valley are the gently 1990 section 187B for the removal meriting protection in the public sloping fields of Llanhennock. of the unauthorised advertisement Answer: In the words of the interest... Enforcement action structure and the prevention of banner headline across the Daily taken by an authority to prevent or The sign its completion. Within a matter Mail, ‘Paddy Power loses with remedy breaches of planning control The Irish bookmaker began to of 2 hours an application for an Ryder Cup stunt as court forces needs to be effective and timely.’ erect its giant promotional sign at injunction was drafted, a statement bookie to take down Hollywood- Llanhennock working overnight setting out the background to events style sign at Celtic Manor’. Technical Advice Note (Wales) 9 on Monday 27 September 2010. was written by the planning officer, stresses the need to take immediate The sign spelled out in bright, the documents had been filed in It made headline news throughout action where unacceptable, white letters 15 metres high and court and the first of two ex parte the UK from the BBC to ITV. unauthorised development 82 metres long the name, ‘Paddy hearings before the judge that warrants it. A local planning Power’. It was in a very prominent afternoon had taken place. By the location overlooking the 18th hole end of the day the local planning of the Ryder Cup golf course. It did authority gave the Irish company not have advertisement consent. and the landowner notice that the court had issued directions ordering Monmouthshire County Council the hearing of the application for which is the local planning noon he following day, Wednesday, authority immediately emailed in the High Court in Cardiff. the company secretary giving the company 2 days notice under the Town and Country Planning Emergency planning Act 1990 section 225 that enforcement injunction unless the advertisement was On Wednesday shortly after 12 noon removed the council would take Mair Coombes Davies appeared on steps to remove the sign itself. behalf of Monmouthshire County The company prevaricated. Council to renew the application

8 AUGUST 2011 WWW.CARDIFFLAW.ORG LEGAL NEWS Legal FEATURE

THE RYDER CUP - EMERGENCY PLANNING ENFORCEMENT INJUNCTION

Mair Coombes Davies • Civitas Law Civil and Public Law Barristers,

that the court make an emergency Cup began on Friday. It would also the injunction against the company The 2010 Ryder Cup golf tournament planning enforcement injunction have wasted what was rumoured responsible for the illegal sign. It in Wales was proudly described that the giant lettering and its to be the hundreds of thousands was ordered to dismantle the letters as one of the best if not the best supporting scaffolding which made of pounds it had cost to erect on the sign by noon the following tournament to have taken place up the enormous ‘Paddy Power’, the sign. It said imposing an day and the supporting structure either in America or the UK. n sign dominating the Ryder Cup injunction against the sign would within 2 days. Not only were the golf course would be taken down be, ‘severe and draconian’. company required to give and did Mair Coombes Davies immediately. She said, ‘Signs such give an undertaking not to erect as this prominent sign should The court ruled that the sign any sign in the vicinity of the Ryder Civitas Law Civil and Public Law not intrude on the landscape. breached planning laws. His Honour Cup golf course but they were Barristers, Global Reach, Celtic It is entirely inappropriate’. Judge Milwyn Jarman said, ‘I am also ordered to pay the costs of Gateway, Cardiff Bay, CF11 0SN. satisfied it has been put up in an Monmouthshire County Council. T: 0845 0713 0077. F: Needless to say the application area of special landscape amenity 0845 0713 008. E: mair. was very hotly contested by the and that the effect of such a large Success [email protected] Irish company and its lawyers. The advertisement of 82 metres by By Thursday morning the sign company stood to lose inestimable 15 metres is harmful on the rural had been dismantled under free publicity around the world open character of the landscape the ever watchful gaze of the when the televising of the Ryder surrounding it’. The court granted planning enforcement officers.

Partnership Ltd

1 Park Court Mews, Park Place Cardiff CF10 3DQ

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 9 CPD SEMINARS The Confederation of South Wales Law Societies in association with The Law School,

WILLS AND PROBATE & FAMILY LAW REVIEW Venue: The Glamorgan Business Centre, University of Glamorgan, Pontypridd Date: 28th September 2011 Morning Session: Wills and Probate (9.00am–12.30pm) - 3 CPD Hours Members £65/Non-members £90 Introduced by: Richard Fisher Senior Vice President The Confederation of South Wales Law Societies

TopicS SPEAKERS • Claims under the Trusts of Land & • Civitas Law Appointment of Trustees Act 1996 • Gareth Jones Head of Chancery Law • The Duties of Executors And Administrators • Nick Thomas-Symonds • The Intestacy Rules • Ryan Amesbury • Equitable Doctrines – • Catherine Grubb Rectification, Election & Double Portions

Afternoon Session: Family Law Update (1.30-5.00pm) up to 3.5 CPD Hours Members £65 - Non-members £90 Introduced by: Frances Edwards Junior Vice President of The Confederation of South Wales Law Societies

TopicS Speakers • Overview of Topical Developments & Practical • District Judge John Doel Issues from the Judiciary Perspective • Max Davies, Temple • Developments in Drug & Alcohol Detection • Francesco Gatti, Trimegalabs • A Practical Approach to Defining & • Rhys Taylor, Temple Dividing the Matrimonial Pot

CRIMINAL LAW REVIEW Venue: The Glamorgan Business Centre, University of Glamorgan, Pontypridd Date: 5th OCTOBER 2011 Up to 6.5 CPD hours available Members £99 / Non-members £149 Introduced by: Simon Mumford President of The Confederation of South Wales Law Societies

TopicS Speakers • The Evolving Approach to Service & • HHJ David Wyn-Morgan, Cardiff Crown Court Presentation of Evidence • Jim Brisbane, Head of CPS • Advocacy in the Crown Court • Simon Mumford, Consultant Haines & Lewis • Is Big still Beautiful? • Wayne Williams 21st CPM • Which Quality Mark – or SQM? • Hilary Williams, Wales Policy Manager, LSC • Mergers and Consortium! • 30 Park Place • The Next Crime Contract!

10 AUGUSTOCTOBER 2011 2010 WWW.CARDIFFLAW.ORG WWW.CARDIFFLAW.ORG LEGAL LEGAL NEWS NEWS CPD SEMINARS The Confederation of South Wales Law Societies in association with The Law School, University of Glamorgan

CIVIL LAW UPDATE Venue: The Glamorgan Business Centre, University of Glamorgan, Pontypridd Sponsored by: Date: 12th October 2011 Up to 6.5 CPD hours available Members £99/Non-members £149 Introduced by: Michael Imperato, President of Cardiff & District Law Society

TopicS Speakers • Overview of The DCJ • His Honour Anthony Seys-Llwellyn QC. • Civil Procedure & Practice Updates Designated Circuit Judge for Wales • A Review of Part 36 • District Judge John E. Regan • Occupiers Liability • Mark Harvey, Partner, Hugh James • Accident Act Claims • Simon Cradick, Partner, Morgan Cole • Court of Protection • Tim Musgrave, Huttons • Costs Law Update • Anne Harrison, Welsh Health Legal Services • Current Issues in Clinical Negligence • J.Michael Imperato • Glenn Newberry, Head of Costs, Eversheds • 30 Park Place BOOKING FORM

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...... places Wills & Probate 28 September 2011 (am only) Members £65/Non-members £90 ...... places Family Law 28 September 2011 (pm only) Members £65/Non-members £90 ...... places Wills, Probate & Family 28 Sept. 2011 (all day)* Members £99/Non-members £149 ...... places Criminal Law Review 5 October 2011* Members £99/Non-members £149 ...... places Civil Law Update 12 October 2011* Members £99/Non-members £149 **FREE CAR PARKING** (*includes buffet lunch)

For the course(s) to be held at the Glamorgan Business Centre, University of Glamorgan, Pontypridd. Find enclosed a cheque in the sum of £...... made payable to: The Confederation of South Wales Law Societies. Return to: Michael Walters, 34 Ty Fry Gardens. Cardiff, CF3 3NQ OR DX 33029 Cardiff LEGAL ADVERTORIAL

THE CHANGING FACE OF CLINICAL NEGLIGENCE IN WALES

More than a decade on from devolution there of investigating. This could include funding that the patient pursue the are now four different health services operating obtaining independent medical complaints procedure before the or other advice. If the responsible claim is covered. Firms without a in the UK. Some suggest that the emerging body is notified of a concern which panel member should be concerned differences - such as free prescriptions - are includes an allegation that harm about costs recovery implications “breeding envy” amongst the other UK NHS has or may have been caused then in supporting Welsh patients under the NHS must consider whether a these arrangements. It is not always users. Other reports paint a different picture of qualifying liability exists or may exist. possible at the outset in clinical a Welsh NHS which is underperforming in areas negligence cases to make an such as waiting lists and productivity. Redress assessment of the value of the case. If harm has been caused to a patient All new complaints against the NHS In Wales we have also seen some investigation determines that there and investigation has declared that (whatever their value) will be subject fundamental changes in the way is or may be a qualifying liability a qualifying liability exists or may to the regulations and if it transpires, that patient’s concerns about the in tort) do not apply to GPs. exist, the NHS has a duty to consider after investigation of the concern, health service are handled. The Redress. The Redress arrangements that the damages are modest and NHS Redress Measure, passed in The process are set out in part six of the fall within the parameters of Redress 2008, was a significant landmark It is intended that there will be a regulations which make provision then firms may have difficulty in in Welsh legal history as the Welsh single point of entry for submission for the NHS to offer Redress for recovering all of their accrued costs. Government’s first measure to reach of all concerns. These concerns a qualifying liability by way of Firms without panel members the statute book and regulations will then be graded and the financial compensation in which will not even be able to advise (supported by guidance) came parameters of the investigation the sum does not exceed £25,000. on any offers of compensation if into the force on 1 April 2011. to be carried out by the NHS will This includes general damages, the case reaches that point. n be set with the involvement of the special damages, any amount The new arrangements, known as person who notified the concern. due and owing to the CRU and the Mari Rosser Putting Things Right - introduce cost of any remedial treatment. Mari Rosser is a Partner at one system which will deal with A concern must be notified within Hugh James and head of the both a complaint and a legal claim 12 months of the incident which is A note of caution dedicated Redress Team. She in cases where compensation is the subject of the concern or the Under the Redress part of the is currently in consultation modest - less than £25,000. It date of knowledge of the person regulations, legal advice is available with the in replaces the 2003 Welsh NHS notifying the concern. Concerns to the patient free of charge provided relation to the implementation complaints procedure and, in the can be investigated outside of that that this is sought from firms of on these arrangements short term, will co-exist alongside time limit provided certain criteria solicitors who have a solicitor who the Welsh Fast Track Scheme for are met and provided it is not three is a member of the Law Society or Connect2Law is the UK’s leading cases worth £15,000 and under- years or more after the incident. AvMA Clinical Negligence Panels. legal referral and support network, The Speedy Resolution Scheme. operated by law firms for law The NHS is responsible for the It is regularly the case that solicitors firms. Hugh James is the South The arrangements apply to the investigation of its own actions. provide support and advice to Wales hub member. To find out NHS and GPs, in so far as they Under Regulation 23 the NHS patients whilst they complain more about the network and the relate to the receiving, handling determines the parameters of the about their NHS services under the benefits in relation to Redress, and investigation of concerns. investigation, with the involvement NHS complaints procedure. It is please contact Ruth Bennett at The provisions in relation to of the person who notified the frequently a requirement of Before Hugh James on 029 2066 0559. payment of compensation (where concern and the appropriate method The Event (BTE) Insurance and public

12 AUGUST 2011 WWW.CARDIFFLAW.ORG LEGAL NEWS LIFESTYLE

CARDIFF SOLICITORS XI -v- SWANSEA LAW SOCIETY CRICKET CLUB opening stand of 90 from Ian respectable 157 off the 30 overs. Bridgeman and James Arter. Unfortunately it proved to be too After 14 overs things took a turn little against a strong Swansea for the worse however when batting outfit who dispatched the a spritely Chris James took a bowling attack to all corners of the hat-trick dismissing Arter (33), pitch to take them home with 3 Bridgeman (41) and Wheeler in overs to spare. Griffiths, Wheeler consecutive balls. Davenport (32) and Bridgeman all bowled well in On 21st July the Cardiff Solicitors captain James Davenport decided and Ian Griffiths (28) consolidated wet conditions and afterwards the XI welcomed the Swansea Law to bat, mainly in light of the fact the innings and veterans Mark sides retired to the Butchers for a Society Cricket Club for a return that only 6 men had arrived Harvey and Simon Mumford well deserved drink after the game. cricket fixture at Cathedral on time. With a few stragglers provided cameos at the death to School. Having won the toss, arriving late Cardiff enjoyed an ensure the innings finished with a James Davenport

The Cardiff and District Law Society are delighted to be working with Lloyds TSB Commercial and invite you to the forthcoming seminar. Law Firms going forward at LloydsTSB, Area Office, Carlyle House, 5 Cathedral Road. CF11 9RH On Wednesday 14th September 2011

Speakers Simon Bray of Web4law on Outcome Focused Regulation - Patricia Kinahan of Hazlewoods LLP on the Law Society benchmarking survey - Viv Williams of 360 Legal on New ways to develop and win new work

Choice of Session 9.00am for 9.30am and 2.00pm for 2.30pm

Each event carries 3 hours CPD – Course Ref:CKD/WEBF

Cost None, Its Free!

Places are limited so please book early, Contact Jonathan Cave on [email protected] or Nicola Davies on [email protected]

Please note there is no parking at the venue but Sophia Gardens is a short walk away

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 13 LIFESTYLE MOTOWN SUMMER PARTY Thank you to our sponsors, Wesleyan For Lawyers, Giles Insurance, Property Megastore and Watkins & Gunn Solicitors for their support and helping us to have a fantastic night. Thanks also to Wesleyan for Lawyers, Giles Insurance and ILEX for donating prizes RECRUITMENT

PREMIER LEGAL

Newly Qualified Employment Solicitor Location: Cardiff Salary: £25,000 - £35,000 Contract Type: Permanent As a newly qualified solicitor, to work in a supervised, post qualification training role building on experience obtained as a trainee solicitor. All key duties and responsibilities carried out under supervision.

Legal Executive Location: Cardiff Salary: Depending on experience Contract Type: Permanent My client has built a reputation for its legal services across the full range of the healthcare sector through working for many of the largest NHS trusts, health authorities, GPs, private sector providers, medical advisers and equipment manufacturers, insurers and medical charities, as well as representing the interests of the public in high profile health related matters.

This is an excellent opportunity for a to join an established and highly regarded department. The team acts for leading medical professionals and therefore is a demanding role but equally rewarding. The successful candidate should be a qualified Legal executive and be comfortable with running their own files and dealing with clients Please forward your CV’s to: directly. You should have gained your experience of [email protected] or complex files and exceptional attention to detail. tel: 02920 490 204

LEGAL NEWS WWW.CARDIFFLAW.ORG AUGUST 2011 15