WLS does Mulligans Crazy Golf
See pages 16-17
ALSO: • The 'Get Involved' Strategy • Embracing Neurodiversity •International Law in the UK Conference report and more...
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Committee Members
Elizabeth Miles President Greens Solicitors elizabeth.miles@greenssolicitors. org
Laura Osborne Administrator Headturner Search laura@headturnersearch.co.uk
Nick Hughes Committee Member HB 121 Solicitors nah@hb121solicitors.co.uk
Vishal Mahay Committee member Waldrons Solicitors Vishal.Mahay@waldrons.co.uk
James Osborne Treasurer Harrison Clark Rickerbys josborne@hcrlaw.com
Amy McGowan-Docherty Editor of The Pears magazine Harrison Clark Rickerbys amdocherty@hcrlaw.com
mfg Solicitors LLP alexandra.phillips@ mfgsolicitors.com Luke
Georgina Groves Committee Member Harrison Clark Rickerbys ghunt@hcrlaw.com
Jenny Watkins Committee Member University of Worcester jenny.watkins@worc.ac.uk
Andrew Chandler Committee Member mfg Solicitors LLP andrew.chandler@mfgsolicitors. com
President’s Introduction
Dear Members,
Welcome to the first Pears Edition for 2025. The Christmas period seems like a lifetime ago already and when I received an Out of Office which said ‘back on 218th January’ I think that summed up how long January felt for many of us this year!!
We have had our first event of the year, mini golf at Mulligans, kindly sponsored by Bespoke Advice. Congratulations to Waldrons who snatched victory at the last moment from HCR. Thank you to all the teams who seemed to thoroughly enjoy themselves and the levels of competitiveness were kept to reasonable friendly level. I hope to see the teams giving their all at the Croquet later on in the year for an epic rematch.
The Committee will be putting out information soon for our next event, the AGM which will be teamed with our Quiz, as I will be in charge of that, I can guarantee it will not be over taxing and I will try to avoid too many 80s music questions, although if I can find a legal question that links with that genre... The Quiz will be held on 25th March at Boleros, I hope to see as many teams as
possible as it should be a good mid week laugh.
As mentioned at the end of last year, 2025 is the 200th Anniversary of The Law Society, and I would urge you to keep an eye out for events happening around the country. Information can be found on the Law Society’s web page www.lawsociety. org.uk/about-us/bicentenary-year/ , with the Birmingham event taking place on 4th April. Please do feel free to contact me if you have any questions about the Law Society, as your local Council Member, I will do my best to assist. If you wish me to raise issues at Council Meetings, please either ring or email me.
Elizabeth Miles, President, Worcestershire
Law Society, 2024-2025
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Appointment expands law firm’s residential development team
Worcestershire law firm mfg Solicitors has bolstered its residential development team with the appointment of a new senior associate.
Based at the firm’s Worcester office, residential development specialist Paul Harris has joined the firm, working closely with partner and head of residential development, Rhiannon Clark
Representing a variety of clients over the last decade, including PLC housebuilders and promoters, widely experienced Paul is well respected for his specialism in a variety of residential development matters, including strategic and immediate land promotion, as well as developer acquisition and disposal.
Clare Regan, partner and head of the Commercial Property department at mfg Solicitors said: “Paul is a talented and commercially aware residential development specialist, underlined by his reputation across the county and the West Midlands.
“We are so lucky to have within the Commercial Property team a wellrespected partner in Rhiannon Clark, and a site assembly and plot sales solicitor in Becky Husband. Paul’s arrival will enable us
to assist more developers and landowners in the region, with the technical and commercial experience to get deals done and to build on mfg’s reputation for service and approachability.”
Rhiannon Clark, who heads the residential development team, added: “I am delighted to welcome Paul to the team, he brings common sense and confidence to his transactions and I know that our clients and referrals will enjoy working with him. I am looking forward to seeing our residential development team thrive in what we expect to be a busy market place in 2025.”
Paul Harris added: “My roots are in the area, and my experience with some of the biggest housebuilders, promoters and landowners mean there are exciting times ahead at mfg.
“I look forward to working with Rhiannon and Becky to grow the residential development practice area through my network of existing contacts and increasing that reach further.
HCR Law Reaffirms Commitment to 2040 Net Zero Goal
HCR Law has today (Thursday, 5th December) published its annual report, ‘Audit of Carbon Emissions and Decarbonisation Strategy’. Now in its third
year, the report outlines the firm’s progress towards achieving its goal of becoming a Net Zero business by 2040.
In the 2024 reporting period, HCR’s efforts to reduce carbon emissions have been rewarded. The firm recorded a 6% decrease in emissions over the past 12 months, with emissions per employee reducing by 34% since the baseline figures were recorded in 2020.
Throughout 2024, HCR has implemented several carbon reduction initiatives. These included major office refurbishments guided by sustainability principles, as well as an electric vehicle leasing scheme available to all staff members.
Philip Parkinson, Partner and Project Sponsor for HCR Law’s journey to Net Zero commented: “HCR Law takes its commitment to the planet seriously. With roots dating back to 1796, we are dedicated to ensuring a sustainable future for the generations to come. We act for leading businesses across England and Wales, delivering market-leading legal services. We believe this responsibility extends to taking a prominent approach to implementing sustainable practices within our operations. Achieving Net Zero won’t be straightforward, but we remain committed to investing and implementing the necessary changes to address one of society’s greatest challenges.”
A key metric in the annual report is the carbon intensity figure, measured by carbon dioxide emissions per million pounds of turnover. Against a backdrop of business growth, HCR recorded a 25% year-on-year reduction in carbon intensity.
Will Dennis, Senior Sustainability Consultant at Go Green Experts, added: “At Go Green Experts, we specialise in providing hands-on support to organisations on their journey to Net Zero, implementing practical
Commercial Property Team
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carbon reduction projects that make real change happen. Since 2020, we've been proud to partner with HCR Law, assisting them with tailored decarbonisation strategies and on-the-ground initiatives. The 2024 report highlights the significant strides they're making, not just in setting ambitious goals but in taking concrete actions to achieve them. HCR Law is truly 'walking the walk,' embracing sustainability at every level of their operations."
In 2022, HCR set an ambitious target to reduce Scope 1 and 2 carbon emissions by 72% by 2032. The latest data indicates that the firm remains on track to meet this goal.
All data has been independently recorded and verified by Go Green Experts, who have supported HCR Law since 2020, establishing baseline carbon emissions and delivering annual reporting. The full report is available: https://www.hcrlaw.com/ourcommitment-to-net-zero/
Trio of Promotions to Director – A Proud Milestone for Bradley Haynes Law!
We are thrilled to announce the welldeserved promotions of Kate Collins, Leigh Wills, and Veronica Beard to Director at Bradley Haynes Law!
Kate’s appointment as a statutory director, marks a significant step forward for the firm. Her exceptional leadership, dedication to her clients and team, and tireless efforts in representing us beyond office hours have been truly exemplary.
Her recent recognition at the Law Society Awards, receiving the President’s Award, is a testament to her outstanding contributions.
We are equally delighted to welcome Leigh and Von to the management team and board of directors. Their invaluable expertise and commitment have been instrumental in the growth and success of their teams, and we are excited to see them shape the future of our firm.
This is a defining moment for Bradley Haynes Law, and we couldn’t be prouder. Join us in celebrating their success and the bright future ahead!
mfg Solicitors host event to mark retirement of James Hayes
Over 50 guests from across the region’s business community attended an evening drinks reception to mark the retirement of widely respected solicitor, James Hayes
James , a partner in the Corporate division at law firm mfg Solicitors, retired after 35 years of advising clients on thousands of corporate-related mergers, acquisitions, disposals and complex cross-border deals. Qualifying in 1989, James held partner roles with Harrison Clark and FBC Manby Bowdler, before joining mfg Solicitors in 2011.
Andrew Davies , partner and managing director at mfg Solicitors said: “During his 13 years with the firm, James has made a colossal impact.
“His commitment to the firm has been truly remarkable and he is rightly held in the highest regard by so many businesses which he has supported. We wish James and his family all the very best for the future.”
Held at Bolero Bar and Kitchen in Worcester, guests were treated to drinks and canapes.
Kate Collins, Leigh Wills and Veronica Beard
James Hayes Retirement event
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Waldrons Expands and Elevates
Exciting developments continue at Waldrons Solicitors with new appointments and internal promotions strengthening the firm’s presence across Worcestershire and beyond.
Vishal Mahay has been appointed as the new Head of Dispute Resolution, bringing over 20 years of expertise in commercial litigation, contract disputes and mediation. His leadership will further enhance Waldrons’ dispute resolution services.
David Bayliss joins the Wills and Probate team, bringing extensive experience in estate planning, probate administration, and inheritance tax matters. His appointment highlights Waldrons’ commitment to delivering expert private client services.
Strengthening the Residential Property team in Kingswinford, Shoaib Munsaf and Charlotte Hatch bring extensive conveyancing experience, reinforcing the firm’s strong reputation in conveyancing.
Waldrons is also proud to celebrate key promotions: Antoinette Nasilele has qualified as a Solicitor in the Family Team, while Alissa Dola and Emma Heseltine step up as Trainee Solicitors in the Family and Residential Conveyancing teams.
Managing Director Joseph Norton commented: "These appointments and promotions reflect our commitment to developing talent. With offices across the region, including Worcester, we continue to grow and evolve into an exciting future."
Newly qualified duo complete law firm training contracts
Two up and coming lawyers are celebrating after completing their training contracts with leading Worcestershire law firm mfg Solicitors.
Solicitors Reuben Grimshaw and Lucy Allen have now been appointed into fulltime positions having completed their respective qualifications over a two-year period.
Reuben joined the firm as a trainee solicitor in 2022 and since then worked across a variety of the firm’s specialist departments as part of his training contract. Now qualified, he will take up a position within the firm’s Kidderminster-based Commercial Litigation team, reporting to partner and head of department, Sam Pedley.
Lucy, meanwhile, joined the firm as a paralegal in 2021 and began her training contract in September 2022. Based at mfg’s offices in the heart of Birmingham, she now begins a full-time role within the Civil Litigation division, working in the firm’s Personal Injury and Clinical Negligence team, reporting to head of personal injury and clinical negligence, David Lydon
Sam Pedley, partner at mfg Solicitors said:
“We have an extremely strong breadth of talent coming through which is vital as we plan for further growth across the region.
“Without a doubt, both Reuben and Lucy are future stars of the industry. During their two years of training, they have continuously impressed through their professionalism and dedication, whilst both building excellent reputation with our clients.
“It’s a big moment for them to now be fully qualified solicitors and we look forward to them contributing to our success in the months and years ahead.”
HCR Law announces healthcare collaboration with Ajith M Legal Consultancy
HCR Law is delighted to announce a collaboration with Dubai-based legal practice, Ajith M Legal Consultancy. The collaboration will focus on supporting clients operating in or looking to expand into the healthcare sector in the UK and Middle East and enhance the depth of expertise available to them.
HCR Law’s award-winning multidisciplinary healthcare team brings together expertise in real estate, corporate, commercial, employment and immigration, and regulatory law, with a proven track record
Lucy Allen, Reuben Grimshaw and Sam Pedley
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in advising businesses across the sector.
Ajith M Legal Consultancy is a boutique law firm led by the award-winning Ajith Madhavan, whose two decades of experience in advising healthcare businesses extends across the United Arab Emirates and the wider GCC.
Raj Pahuja, Partner and Head of the Middle East Hub, commented: "This collaboration responds to the increasing demand from our clients, who are actively seeking growth opportunities across the Middle East. As the region continues to evolve and present new possibilities, we are committed to supporting our clients as they navigate these dynamic markets and expand their businesses.”
Syed Alam, Partner and Head of International Healthcare, said: "Our clients are looking at healthcare markets worldwide for their next phase of expansion. By strengthening our ties across the Middle East, this collaboration will play a key role in supporting our clients on their international growth journeys as well as Middle Eastern clients looking to invest in the healthcare sector in the UK "
Ajith Madhavan, Managing Partner at Ajith M Legal Consultancy further added: “With the healthcare sector in the GCC undergoing rapid transformation, fuelled by ambitious government initiatives, cutting-edge technological advancements, and increasing private sector involvement,
this alliance is poised to play a pivotal role in the sector.
This collaboration will bridge local insights and international best practices and support clients operating in the sector in the UK and the Middle East by providing them with legal advice from experts in the healthcare sector.”
Bradley Haynes Law: A New Chapter Begins!
We have moved! Bradley Haynes Law is thrilled to announce the opening of our brand-new, state-of-the-art office – a fresh, modern, and dynamic space
designed to reflect our firm’s energy, ambition, and client-focused approach.
From the very beginning, Bradley Haynes Law has been a bold vision, brought to life by our CEO, Andrew Bradley. Over the past ten years, we have navigated highs and lows, celebrated wins, overcome challenges, and built something truly special. We are proud to mark another milestone – the launch of our stunning new headquarters, a symbol of our continued growth and success.
Our new office is bright, contemporary, and welcoming, featuring spacious client meeting rooms to ensure a comfortable and private space for discussions. We are also delighted to offer free onsite parking for clients, making visits even more convenient. Accessibility is at the heart of our new space, with a lift ensuring that everyone can reach us with ease.
As we step into this exciting new phase, we remain committed to delivering the high-quality legal services that our clients have come to trust. Whether you’re a business seeking expert guidance on mergers, acquisitions, property matters, or disputes, or an individual needing support with wills, probate, trusts, family matters, or conveyancing, our dedicated team of 30+ professionals is here to help.
Worcestershire is our home, and we take immense pride in serving our local community while also handling national
Bradley Haynes Law outside their new office
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and international transactions. We are dedicated to forging strong partnerships, supporting local businesses, and giving back through our charitable initiatives.
The past ten years have been an incredible journey, and we are entering this next chapter with energy, and big plans for the future. We are here to grow, evolve, and continue providing innovative, clientfocused legal solutions.
If you’d like to learn more about Bradley Haynes Law or visit our fantastic new space, get in touch with our CEO, Andrew Bradley, at 01905 900 919 or andrew@ bradleyhayneslaw.co.uk
We would love to welcome you! Here’s to the future – bigger, brighter, and better than ever!
New Address: Severn House, Warndon Business Park, Prescott Dr, Worcester WR4 9NE
Kidderminster law firm in Harriers promotion push partnership
Law firm mfg Solicitors has agreed a partnership deal with Kidderminster Harriers as the football club continues its National League promotion bid.
The legal firm, based on the town’s Birmingham Road, is backing the club for the third season in a row as a commercial partner, with Phil Brown’s
men aiming for promotion from National League North.
The renewed deal sees mfg Solicitors once again becoming pitch side sponsors at Aggborough Stadium, whilst supporting a variety of supporter, corporate and matchday events organised by the club.
Tom Esler, partner at mfg Solicitors said: “As a local business and large employer in Wyre Forest, we’re delighted to be supporting Kidderminster Harriers once again.
“The club’s community links are superb and those connections have grown even further in recent years. On the corporate side, they work tirelessly to bring hundreds of local businesses together throughout the year which delivers countless benefits for local economy.
“We have dozens of staff who are loyal Harriers supporters so that makes our link up that bit more special. We wish Phil Brown and the team all the best for the second half of the season.”
Paul Biggerstaff, General Manager at Kidderminster Harriers Football Club added: “We have a great, long-standing relationship with the team at mfg Solicitors who are one of the area’s historic law firms.
“Alongside their own commitment to the local community, they are a key partner for us and we’re thrilled to secure their support and backing for another year as we push for promotion back to the National League.”
Bradley Haynes Law Announces Neil Bowyer as Head of Litigation!
We are delighted to announce the wellearned promotion of Neil Bowyer to Head of Litigation at Bradley Haynes Law!
Neil has been an integral part of our firm for many years, evolving from a debt recovery specialist into a highly skilled litigator. His exceptional leadership, strategic approach, and commitment to building our litigation services have been outstanding. This promotion is a welldeserved recognition of his dedication and expertise.
Worcestershire businesses can rely on Neil for, among other areas, specialist employment law support, particularly in navigating settlement agreements with confidence and ease. His ability to secure fair resolutions for both employers and employees makes him a trusted advisor in complex workplace disputes.
Neil’s impact extends beyond casework— his networking efforts and passion for growing the firm have resulted in significant new business opportunities, benefitting both his colleagues and our clients. We are also pleased to welcome Tim Williams, Trainee Solicitor, who has already made a positive contribution, working alongside Neil.
This is an exciting new chapter for our Litigation Team, and we look forward to seeing it thrive under Neil’s leadership.
Paul Biggerstaff and Tom Esler
Neil Bowyer
The 'Get Involved' Strategy
As some of you may know, I volunteered to be the Law Society Council Member for Worcestershire and Warwickshire towards the end of last year as I felt it was important we had a voice on Council. The seat had been vacant since a member from Warwickshire stood down at the beginning of last year. Worcestershire used to be a seat with Herefordshire, but boundary lines changed so we are now aligned with Warwickshire.
I attended my first meeting in December, and I will be sending a copy of the Minutes to all firms I have contacts for shortly. We have our next meeting in February, along with a Strategic Planning Event.
At the meeting in December, it will come as no surprise to most, that a large majority of the time was taken up discussing the Axiom-Ince scandal, the Post Office Inquiry and the fall out of both. There are more cases coming through the SRA this year. The SRA are also raising the issue of whether firms should hold client money and their consultation on this (and SRA compensation Fund) remains open until 21 February 2025.
What I am trying to find out as part of my time on Council, is what does the Law Society actually do? It is a question I have been asked more than several times, and it is a good question. I hope to be able to give you some answers in the next edition of Pears.
One of the new initiatives is Get Involved Get Involved is the name of a new volunteering strategy which will aim to enable more members to get involved with the work of the national Law Society. At the moment there are various sub committees and Working Groups, but they can take a lot of time for people.
We have found that, currently, less than 1% of our 200,000 members volunteer their time to the organisation and The Law Society would like every solicitor to have the opportunity to get involved in Law Society activities.
In the surveys completed, members have told The Society they want a variety of ways to get involved that fit with the demands of work and life. So, as a way for us to keep you all informed on the range of flexible and accessible volunteer opportunities, such as focus groups, surveys, online panels, and many more, we are creating a Member Advisory Forum which will be a virtual pool open to all members who are keen to volunteer their time and expertise. You will be able to sign up to the forum later in the year.
How the Membership Advisory Forum (MAF) can benefit Local Law Societies
The MAF would help the Law Society to deepen and ease its collaboration with Local Law Societies. It would enable us to monitor where the Law Society is being too ‘London-centric’, for example, in its events and opportunities, and we’d be able to proactively reach out to regions where they feel they are underrepresented. I certainly find that there are great events happening in London, but they are poorly marketed, or I find out
about them at such short notice, I can’t rearrange life to attend.
Some of the opportunities promoted on the MAF would include local ones - opportunities that Local Law Societies have e.g. committee vacancies, needing speakers for certain topics, etc – and this, in its turn, will help to strengthen the Law Society’s relationship with the Local Societies.
The MAF is due to launch in November 2025, and you can find more information on it and the Get Involved strategy at www. lawsociety.org.uk/contact-or-visit-us/get-involved
If anyone has any ideas or questions, I’m happy to feed them back, or you can email the Volunteering team direct: volunteering@ LawSociety.org.uk
Please do feel free to contact me with any questions you may have about Council, I may not have an answer, but happy to try and find one out! If there are issues you would like to raise, please email me (Elizabeth.miles@greenssolicitors.org) or grab me at one of our events for a chat.
Elizabeth Miles, President, Worcestershire Law Society, 2024-2025
An Introduction from Michelle Clarke, as the new Head of the School of Law, University of Worcester
It is with great enthusiasm that I introduce myself as the new Head of the School of Law at the University of Worcester. My journey to this position has been shaped by a diverse and deeply enriching professional and academic background, and I am eager to bring my unique perspective to this community and role, and secure even greater success for the School of Law in the years ahead.
My foundation in law began as an undergraduate, where I developed a strong passion for Family Law and understanding the legal system’s role in shaping society. During my studies, I was employed by West Mercia Police as a Criminal Case File Manager working closely with the CPS and then as an Expert Witness and Case DecisionMaker. These experiences led me to embark on a career in service as a police officer, specialising in Family Protection as a Detective Sergeant and leading on the development of all new-to-role detectives across both West Mercia Police and Warwickshire Police forces. This role was both demanding and rewarding, allowing me to gain firsthand insight into the application of law in complex and high-risk situations and providing me with opportunities to travel internationally in order to develop the investigative skills of officers dealing with cases involving the most vulnerable members of our global communities. It also sharpened my skills in problem-solving, leadership, and working collaboratively under pressure—qualities that I bring with me to every professional challenge.
After nearly two decades in policing, I made the decision to focus on my second passion, that being academia. I was driven by a desire to inspire and shape the next generation of legal minds and in 2019 I joined the University of Worcester’s School of Law, first as a Lecturer then as Senior Lecturer, where I have the privilege of combining my practical experience with academic teaching. In this role, I have worked closely with students to bridge the gap between theoretical learning and the practical realities of the legal profession. It has been deeply gratifying to witness the growth and success of our students during this time and I am hugely aware of the impact that your deep commitment and contribution has had on the success of the School of Law and our students. On behalf of the entire Law Team and student community, thank you.
Since the School of Law opened in 2016, it has developed an outstanding reputation for student satisfaction with presently a 96% graduate employability rate. The School has a vibrant research culture and a dedicated Research Group that explores matters of Constitution, Rights and Justice. We convene a number of public lectures and conferences throughout the year drawing notable keynote speakers, including senior academics, former senior ministers and two former Presidents of the UK Supreme Court. The School of Law prides itself as a welcoming and supportive
environment and has a strong sense of community, of which you are very much considered a part of, therefore invitations to these events will of course be extended to you.
As the new Head of Law, my vision is to build on the strong foundation of the department while fostering innovation and collaboration. I am committed to promoting an inclusive and dynamic learning environment for all; delivering high quality continual professional development events and training opportunities for the professional community along with undergraduate and postgraduate professional law programmes through excellent and innovative teaching centred on student satisfaction. I am focused on cementing our strong connections with the legal profession as my background uniquely enables me to appreciate the practical applications of law whilst championing academic excellence and research. I look forward to meeting and working with you as we continue to advance the reputation and impact of the legal profession within the University and wider community.
Championing Equality, Diversity, & Inclusion:
Embracing Neurodiversity in the Workplace
In today’s evolving work environment, fostering equality, diversity, and inclusion (EDI) is more important than ever. As organisations strive to create welcoming and supportive workplaces, neurodiversity—the recognition and appreciation of different ways of thinking and processing information— plays a crucial role in building truly inclusive teams.
Tracey Burgess of the Law Society recently emphasised the significance of EDI, stating: “It is really fundamental to what we do and we’re going to need everyone’s participation and contribution to get us to where we want to be as an organisation that is truly diverse and inclusive and in which we can all thrive and take pride.” (https://www.lawsociety. org.uk/about-us/work-at-the-law-society/ diversity-and-inclusion)
The latest The Law Society EDI questionnaire revealed that 10.8% of respondents identified as disabled, compared to the national average of 20% within employment. On the back of the report, key commitments of The Law Society include:
• Introducing a reasonable adjustments policy to support disabled colleagues.
• Removing barriers that prevent disabled staff from achieving their full potential.
• Renewing their Disability Confident Committed status to improve recruitment, retention, and development of disabled colleagues.
• Signing up to the Neurodiversity
in Business (NiB) Charter to foster an inclusive workplace for neurodivergent employees.
It is also useful to recap, for those in the Legal Industry, of SRA Principle 6: The SRA Code of Conduct explicitly states that solicitors must "encourage equality, diversity and inclusion" in their practice.
Understanding Neurodiversity
Neurodiversity refers to the natural variation in human cognition, including conditions such as autism, ADHD, dyslexia, dyspraxia, and other neurological differences. Rather than viewing these differences as deficits, these differences can be viewed as unique strengths that individuals bring to the workplace, such as creativity, attention to detail, and innovative problem-solving. The reality of neurodiversity means that every interaction at work takes place between people with different brains – yet, typically, very few organisations are thinking about neurodiversity or neuroinclusion.
Despite these strengths, workplace barriers often persist, from lack of awareness to inflexible working environments. By embracing neurodiversity, businesses can create a culture where everyone has the opportunity to succeed, fostering innovation, collaboration, and enhanced productivity
Steps Towards Inclusion
1. Increase Awareness & Understanding Educating employees and management about neurodiversity helps eliminate misconceptions and fosters a more accepting work environment. Training sessions and workshops can provide valuable insights into how best to support neurodivergent colleagues.
2. Provide Reasonable Adjustments
Small changes, such as offering flexible work arrangements, noisecancelling headphones, alternative communication methods, working areas with soft lighting or structured task management, can make a significant impact on the productivity and especially the well-being of
neurodivergent employees.
3. Foster an Inclusive Recruitment Process
Traditional hiring processes may inadvertently exclude neurodivergent candidates. Adjustments such as clearer job descriptions, skillsbased assessments, and allowing alternative interview formats can help attract and retain diverse talent.
4. Encourage Open Conversations
Creating a culture where employees feel comfortable discussing their needs without fear of stigma is essential. Normalising conversations around neurodiversity and workplace adjustments benefits everyone.
Support for Your Business
At Bradley Haynes Law, we are committed to driving disability inclusion and supporting businesses in building truly inclusive workplaces. Emma Delaney, our disability inclusion champion, is passionate about helping organisations create environments where neurodivergent employees can thrive.
Emma is happy to offer informal chats about disability-related questions or provide tailored inclusion sessions to meet company needs. Perhaps you would like Emma to host a Lunch and Learn Event at your business to cover essential topics such as the Equality Act or how reasonable adjustments work in practice. In each future edition of The Pears Magazine, Emma will focus on wellbeing and neurodiversity, offering “top tips” and “did you knows” to enhance understanding and inclusion.
By embracing neurodiversity, businesses not only uphold their commitment to EDI but also unlock the full potential of their workforce. Together, we can create a more inclusive future.
Get in touch with Emma Delaney today to learn more about how she can support your inclusion journey! Emma can be contacted via emma@bradleyhayneslaw. co.uk, 01905 900 919 or 07486 633 360. All calls will be taken in the strictest of confidence.
Emma Delaney
University of Worcester School of Law Research Highlight:
International Law in the UK Conference, 8th November 2024. Michael Lane, School of Law, University of Worcester
A note to readers: This is an adapted version of a longer conference report, published on the UK Constitutional Law Blog, February 2025, which can be found at ukconstitutionallaw.org
The University of Worcester’s Constitutions, Rights and Justice Research Group regularly hosts academic conferences to bring together experts to explore emerging, systematic legal issues. Previous conferences have included ‘Questions of Accountability: Prerogatives, Power and Politics (2021), ‘The Jury Trial’ conference (2022), ‘Challenges and Prospects for the Chagos Archipelago’ (2023), and ‘Rights and Justice: In Theory and practice’ (2023).
Members of the Worcestershire Law Society can sign up to the Group’s mailing list to receive information about future events or become an associate member to contribute to the Group’s activities. For more information, please contact the Group’s director, Dr Chris Monaghan (c.monaghan@worc.ac.uk).
The Group’s most recent conference, ‘International Law in the UK: A Troubled Relationship? ’, took place on 8th November 2024. The event was organised by Dr Michael Lane ( m.lane@ worc.ac.uk) , with support from the UK Constitutional Law Association, and a very kind donation from HH Daniel Pearce-Higgin s. The Conference programme, which includes the titles and abstracts of the papers presented, can be found on the CRJ’s website.
Colleagues were grateful to welcome Prof. Satvinder Juss (KCL, 3 Hare Court) who gave the opening keynote to the Conference. Juss highlighted the importance of international law in the UK Supreme Court’s (UKSC) judgment in AAA v Secretary of State for the Home Department concerning the UK’s (now abandoned) Migration and Economic Development Partnership (MEDP) with Rwanda. Juss’s paper set the tone for the Conference by revealing the inextricable link between international and domestic law in asylum cases.
Papers across the conference touched
upon several, pertinent issues. There were five important papers on the themes of dualism and monism, notably by Prof. Roger Masterman (Durham) and Dr Matthew Nicholson (Durham), Dr Lewis Graham (Cambridge), Dr Joanna Bell (Oxford), Gabriel Tan (City Law School) and Dane Luo, and Dr Tristan Webb’s (Aberystwyth). As reiterated by the UKSC (notably in R (Miller) v Secretary of State for Exiting the European Union) the UK is understood as a dualist system whereby international and domestic law are separate systems. Yet, as many of the papers revealed, it is debatable to what extent this is accurate (or desirable).
Human rights also received considerable attention at the conference. The ratification of international human rights treaties by the UK and incorporation of the ECHR means that public bodies, not least the courts, are routinely engaging with international human rights law. Papers by Dr Christine Bicknell (Exeter), Jobair Alam (Staffordshire), Dr Stuart Wallace (Leeds) and Kelly Rowney (University of Law) all made pertinent observations on the UK’s complex and
The Conference speakers Back row , from left to right: Dr Lewis Graham, Dr Chris Monaghan, Prof. Roger Masterman, Dr Matthew Nicholson, Dr Stuart Wallace, Sara Moran, Gabriel Tan, Dr Frederick Cowell, HH Daniel Pearce-Higgins, Dr Erin Ferguson, Dr Tristan Webb. Front row , from left to right: Dr Joanna Bell, Dane Luo, Dr Michael Lane, Nina Hart, Jobair Alam, Dr Christine Bicknell.
sometimes tenuous relationship with international human rights law.
The conference also provided an important devolved perspective. In view of the increasing alignment of law and policy with international law in Wales and Scotland, these papers highlighted the challenges and opportunities for these regions. Two papers by Sara Moran (Senedd, Wales) and Erin Ferguson (Aberdeen) observed how the legislatures in Wales and Scotland had more actively engaged with international law.
Finally, three papers by Dr Frederick Cowell (Birkbeck), Dr Chris Monaghan (Worcester), and Nina Hart (King’s) looked at how the UK commits itself to international instruments and its broader compliance with its international obligations. These contributions fed into wider debates surrounding the UK’s commitment to the international rule of law in recent years. Notably, in a 2023 report, the House of Lords Constitution committee expressed its ‘disquiet about the constitutional desirability of Parliament legislating in violation of the UK’s international obligations’.
space to interrogate these issues and underscored the breadth and quality of research on the UK and international law.
Overall, the conference formed a crucial
Dr Lane is grateful to LLB student Lily Brown-Goode for her reporting of the day’s events. He also expresses his gratitude to his colleagues from the University, Dr Chris Monaghan, Dr Nkem Adeleye, Felicity Miles and Danielle Hopton-Jones for their chairing of the conference panels. Finally, he wishes to thank the University’s administrative services, particularly Dr Clare Rhoden, for their help organising the event.
WLS Crazy Golf Event
On 5th February 2025 the Worcestershire Law Society organised a crazy golf event at Mulligans Worcester. The teams were treated to a 12-hole round of golf and the competition was fierce. Eventually Waldrons Solicitors came out victorious. The teams were treated to a selection of tasty food and drinks, with an opportunity to network and catch up with other professionals.
The event was kindly sponsored by Bespoke Advice and James Oakley commented “The Law Society crazy golf night was a really fun experience. It was amazing to meet and talk to an abundance of knowledgeable people within the Law industry and hopefully it can develop into having a wealth of professional connections”
Thank you to everyone who attended and made the event such a success!
Bespoke Advice: Working with Legal and Professional Partners
At Bespoke Advice, we specialise in creating financial plans that are truly tailored to individual needs. Since 2014, we’ve been delivering independent advice, free from any investment or product agendas. Our approach ensures that the solutions we provide are guided solely by the goals and priorities of our clients.
We work closely with legal firms, accountants, and other professional partners to support their clients with expert financial planning. These relationships are built on two key commitments: to reflect the professionalism and care of our partners and to ensure that their clients are satisfied with the referral.
Supporting Professional Partners
We value the trust our professional partners place in us. Whether you’re a solicitor, accountant, or financial specialist, you can rely on us to treat your clients with the same care and attention to detail that you would. For example, solicitors can refer clients needing help with inheritance tax planning, knowing we’ll provide practical and focused advice. Accountants often come to us for assistance with retirement strategies, confident that we’ll provide solutions tailored to the client’s unique circumstances.
When you introduce a client to us, we treat you as part of our team. This collaborative approach ensures that both you and your client feel fully supported.
Our Process
We follow a clear, six-step process that ensures every financial plan we create is bespoke. It starts with an open conversation where we get to know the client, their needs, and their goals. From there, we analyse the information, develop a plan, and prepare it for review. Once the client is ready, we implement their plan and provide ongoing support to keep it on track.
This process is designed to deliver clarity and results, which is why it works so well for clients referred by legal and professional partners.
What We Offer
Our services cover a wide range of financial needs, including retirement planning, investments, inheritance tax planning, property purchases, and equity release. We also provide advice on life assurance, income protection, and longterm care. By offering a comprehensive range of services, we make it easy for you to refer clients, knowing we can handle a variety of financial requirements.
Why Work With Us?
We’re proud to be a Certified B Corporation, which reflects our commitment to responsible business practices. This includes treating our clients, partners, and suppliers fairly and working in ways that benefit the wider community. For professional partners, this means working with a firm that aligns with their values and enhances their own reputation.
Our independence is central to how we operate. We’re not tied to any specific products or providers, which allows us to focus entirely on what’s best for the client. This commitment to impartial advice ensures that every referral strengthens the trust between you and your client.
Building Strong Partnerships
When you work with us, you’re not just making a referral, you’re building a partnership. We take the time to understand your needs and those of your clients, ensuring our advice complements your services. Together, we can provide solutions that help your clients achieve their goals while strengthening the relationships you’ve worked hard to build.
We’re Bespoke Advice; here to support you and your clients with financial planning that works for everyone.
Remember a charity launches wealth adviser committee
New committee aims to empower advisers to accelerate growth of high value legacies
Remember A Charity, the consortium of UK charities working to grow the legacy giving market, today announces it has set up a committee of wealth advisers to build expertise within the advisory profession and to champion and promote legacy giving amongst highnet-worth clients. The Private Client Advisory Committee for Legacy Giving is working to guide the consortium’s work programme with wealth advisers, which aims to equip wealth advisers with the knowledge and resources they need to inspire and support high net worth clients in achieving their philanthropic goals, growing high value legacy giving.
The creation of the committee follows the consortium’s exploratory research into the role of wealth advisers in growing legacy giving, published earlier this year. This revealed that appetite for supporting clients in achieving their charitable legacy was high, but that relatively few advisers outside the Will-writing sphere regularly advised clients on the topic. The research report was accompanied by a suite of webbased resources for advisers, including a business case for discussing charitable legacies with clients and case studies showing the different ways a charitable legacy can be structured.
Remember A Charity’s wealth adviser programme builds on the consortium’s experience of working with solicitors and Will-writers in having established a network of 900 solicitor firms and Willwriters (Campaign Supporters) who have all committed to make their clients aware of the option of including a charity in their Will, normalising legacy giving.
Role of the committee
The Private Client Advisory Committee for Legacy Giving brings together influential wealth advisers to accelerate learning, developing the knowledge and skills needed for advisers to initiate valuesled discussions with their clients about charitable legacies. Committee members have committed not only to share
knowledge and expertise, but to advocate for legacy giving with their clients, within their organisations and across their wider peer groups and networks. This includes:
• Raising the topic of legacy giving with their clients and supporting those who wish to fulfil their charitable legacy
• Educating and informing colleagues, championing legacies across their firm
• Advocating for legacies — inspiring their wider network to discuss charitable legacies with clients
• Reporting learnings back to the committee, accelerating learning and helping to shape Remember A Charity’s future development of best practice guidance and resources for advisers
Committee Chair and Private Wealth Partner at Boodle Hatfield, Clare Stirzaker, says:
“Helping private clients consider and implement their charitable legacy is a privilege for any adviser and definitely the part of my job that I enjoy the most. The aim of this committee is to address how we can better enable our colleagues and peers to raise and discuss this important topic with clients. I very much hope that our efforts and collaboration drive changes across the wealth management industry, supporting higher levels of legacy giving whilst also unlocking potential lifetime giving too.”
Director of Remember A Charity, Lucinda Frostick, adds:
“Private client advisers are pivotal when it comes to supporting clients with their
philanthropic and financial decisionmaking. Yet, when it comes to engaging with high net worth individuals about legacy giving, these conversations can be few and far between, and there is opportunity for greater depth. Such discussions can be crucial in supporting clients achieve their philanthropic legacy.
“Our mission with this work programme is todeepenourunderstandingofthewaysin which wealth advisers can support clients with charitable legacies, and to empower and equip this growing community of influential advisers to unlock and inspire legacy growth across their client base”
Driving Best Practice in legacy giving
The committee will shape Remember A Charity’s work programme with wealth advisers. This includes developing training, mentoring and best practice guidance. By nurturing a network of legacy advocates in the wealth adviser community, Remember A Charity aims to accelerate the growth of high value legaciesandinspirealonger-termcultural shiftwhereadvisersmoreregularlyinspire legacyconsideration.
The committee first met in person in September, agreeing the terms of reference and exploring the key areas of activitytobeprogressedwithinthegroup. Theywillcontinuetomeetonaquarterly basis for a 12-month period before reviewingnextsteps.
Find out more about Remember A Charity’s work to grow legacy giving at rememberacharity.org.uk
Claire Stirzaker
Lucinda Frostick
Positive news for charities as legacy bequest numbers grow 7%
Legacy Futures has published findings from its most recent Legacy Monitor, the legacy giving consultancy’s quarterly research programme. The Legacy Monitor compiles data from a consortium of 81 of the UK’s leading charities, representing almost half of the charity legacy market, to analyse the current state of the legacy market.
• Legacy income reported by consortium members in the latest year to June 2024 was up +1% on the previous year.
• Income growth has been driven by an increase in the number of bequests (gifts in wills), up 7% since last year, reaching 62,100 bequests.
• The growth in bequests is primarily a result of continuing improvements
in the probate process at HM Courts and Tribunals Service, which is continuing to process more grants than applications, reducing the backlog of cases.
• Average gift values for residual gifts have fallen slightly by 2.5% to £64,400 due to the cooling housing market.
• Pecuniary (fixed monetary) gift values continue to remain static as they have done for the past year.
The legacy performance data was compiled using responses provided by the Legacy Monitor’s consortium members, together with wider economic research.
Ashley Rowthorn, CEO of Legacy Futures, said: “Looking ahead, the increase in
bequests from probate and a more optimistic outlook on house prices lead us to expect the legacy market to remain resilient, with modest growth through the rest of 2024.
“This is encouraging news for the charity sector, which has faced significant challenges in recent years due to the cost-of-living crisis and delays in probate. The stability we’re seeing in the legacy giving forecast enables charities to plan more confidently for the future, making decisions and laying out strategies with a degree of insight into how legacies are predicted to perform.”
SRA tightens intervention grip after Axiom Ince failure
The Solicitors Regulation Authority stepped up its crackdown on suspected dishonesty and financial irregularity following the Axiom Ince debacle, new figures suggest.
Analysis of the reasons for intervening in law firms has revealed that potential breaches of accounting rules were cited in 11 cases in the year to October 2024. This was up from just four the year before and one in 2021/22. The number of interventions for suspected dishonesty increased from 14 to 16 during the past year.
The timing is important as this was the first full year after the SRA’s intervention into Axiom Ince when more than £60m had allegedly been found to be missing from the client account.
Relative jumps in dishonesty and accounts rule interventions – for context, the overall number of interventions dipped from 65 to 63 – suggest the SRA ramped up its closure powers in the immediate aftermath of the episode.
Andy Harris, partner at accountancy firm Hazlewoods, said there is now evidence of the regulator’s determination to take a tougher stance. "The collapse of Axiom has really spurred the SRA into action,’ he said. ‘They are going to look into problems with client accounts or allegations of dishonesty in much greater detail."
The SRA shuts down firms to protect client funds and interests. Under an intervention the regulator can seize
documents and money, suspend lawyers’ practising certificates and launch a full investigation. Most interventions are brought about by the firm being inactive for a length of time, entering insolvency or the owner’s death.
The intervention into Axiom Ince was the most costly in the SRA’s history and contributed significantly to the compensation fund making a loss of £29m in 2023. The regulator had to go into 14 branches which had been amassed through the acquisitions of Ince & Co and Plexus Legal.
John Hyde
The Law Society
Originally published in The Law Society Gazette, 25.02.25
Estatesearch acquires Exizent to elevate bereavement services
• Estatesearch has acquired Exizent, adding Exizent’s best-inclass software to its pre-existing market-leading products related to bereavement, probate and estate administration.
• Exizent will continue to provide all its existing products and services in all UK jurisdictions under the new ownership.
• The enlarged Group will make the bereavement process easier for all involved, supporting professionals, and therefore the bereaved, at one of life’s most challenging times.
• The acquisition also promises exciting new future innovation for legal, accounting and financial services professionals, streamlining death related processes with enhanced data and technology.
Estatesearch, a leading provider of legal and financial services technology, announces its acquisition of Exizent, the pioneering platform in estate administration and death notification services. This milestone combines two major innovative forces in the space to deliver greater efficiencies, enhanced tools, and better outcomes for private client professionals dealing with probate, financial institutions, and all of their clients.
Over the 5 years since Exizent started up it has established itself as a trusted provider of modern estate administration products, simplifying the bereavement process for legal professionals, financial institutions, and their clients through their secure, usable and reliable software that supports excellent services to end clients. Estatesearch is a similarly innovative leader in the sectors, offering comprehensive data aggregation and technology solutions that enhance risk management, compliance, and process efficiency, empowering professionals to deliver
better client outcomes whilst streamlining operations.
The acquisition of Exizent by Estatesearch creates a unique opportunity to combine strengths, resources, and expertise. Together, they aim to:
• Continue providing excellent solutions to legal services firms and the financial services sector.
• Further invest in product innovation to solve problems and serve future needs.
• Ensure the future of Exizent’s trusted platform while leveraging Estatesearch’s resources for accelerated growth.
• Provide long-term stability and support to customers and partners.
Aleks Tomczyk , Co-Founder and Managing Director of Exizent, commented:
“We are thrilled to join forces with Estatesearch whom we have known for years. We all believe it is a good match – particularly of vision and culture. This deal ensures that Exizent will continue to deliver the high-quality products and services that our users rely on, whilst gaining the backing of a larger group to accelerate our mission of improving the bereavement process for everyone involved. It is a significant step forward for Exizent and our users.”
Nick Cousins , CoFounder and CEO of Exizent, added:
“This acquisition represents a pivotal moment for Exizent’s bereavement notification platform and its usage within the financial services industry. By combining Exizent’s strengths with Estatesearch, we can speed up product delivery and innovation for financial institutions, enabling them to provide
a better customer journey at a key life moment, manage risk and to work more efficiently. Most importantly, this partnership will enable our users to better serve bereaved families, providing the support they need during a deeply challenging time.”
Jonathan Upton , Group CEO of Estatesearch, commented:
“The acquisition of Exizent aligns perfectly with our vision of empowering legal and financial services professionals through innovative data and technology services. Exizent’s platform is a natural extension of our existing offering, and the team share our passion for supporting clients in improving outcomes for their customers. We are excited about the opportunities this partnership creates and look forward to collaborating on initiatives that will further drive efficiencies, reduce risk, and improve outcomes for our clients and the wider industry.”
Exizent will continue to operate as a standalone subsidiary of Estatesearch, retaining its team and commitment to excellent customer service. Users can expect uninterrupted platform access, with ongoing improvements driven by the combined resources of both companies.
Together, Estatesearch and Exizent are poised to transform the bereavement space by providing cutting-edge tools and seamless support for legal professionals, financial institutions, and their clients.
www.estatesearch.co.uk
Cyber Security in supply chain contracts
It is predicted that by 2030 there will be 40 billion connected electronic devices, with almost every aspect of our lives connected to a global data network. This brings huge opportunities but also risk. Recent incidents have shown how easy it is for malicious or accidental cyber breaches to have devastating consequences and criminals are exploiting supply chain vulnerability to maximise opportunities and access bigger targets.
This supply chain threat has been recognised and it is now increasingly common for contracts to stipulate liability it also sets minimum requirements for cyber security and insurance.
In the defence industry sector it is already common to see cyber security certifications such as Cyber Essentials mandated in the procurement process. In 2024 a group of the main banks stated that they will also be making Cyber Essentials certification mandatory in their supply chain, as did parts of the NHS and a number of other major players.
Public Liability insurance and Professional Indemnity insurance have long been contractual requirements in many supply chains, Cyber Insurance is fast joining them, for 2 reasons:
1. If one party wants to take action against another for a cyber related incident the presence of cyber insurance makes a satisfactory conclusion and compensation more likely.
2. If one party suffers a cyber incident the presence of cyber insurance and the recovery services it provides will significantly increase their chance of survival and being able to continue trading.
If you would like to know more about cyber security trends in the supply chain contact Sutcliffe & Co insurance brokers on 01905 21681 or enquiries@sutcliffeinsurance.co.uk
Post Office scandal and private prosecutions
In a recent article for the legal press (Reputation or a life?) I expressed the view that in some organisations, even where lives are at risk, the powers that be think it is more important to preserve the reputation of that organisation than to protect the health, or even the life, of those they should be caring for. Examples: the infected blood scandal, Lucy Letby, many other scandals of atrocious “care” in hospitals (Morecambe Bay?) and even the topical scandal of the teenage sex grooming gangs, though that had strong overtones of social cohesion, of revealing that the perpetrators came almost exclusively from one section of society. Enough said.
But by far the best example of preservation of the organisation’s reputation has to be the Post Office scandal, where subpostmasters went bankrupt, committed suicide, were jailed when pregnant, and so on. This is a scandal which will run and run; the actions of the Post Office management were truly horrendous and egregious, and there will still be more to be said even after Mr Bates has received his compensation (along with his knighthood, well earned).
Today I want to talk about another aspect of the Post Office, the fact that they
were empowered to carry out private prosecutions.
Sir Keir Starmer, the son of a toolmaker, scholarship pupil at (the private) Reigate Grammar School, was the head of the Crown Prosecution Service when some of these ill-based prosecutions took place. Several of them were authorised and pursued by the CPS, so Sir Keir must have known about them, and there was perhaps a lack of curiosity; but they were only a handful. Most of the prosecutions were conducted by the Post Office itself.
How can that be so? Well, the Post Office or its predecessor the GPO has been handling their own prosecutions ever since it was founded by Charles II in 1660, and in general they have managed those cases very well. Remember the Great Train Robbery in 1963? A private prosecution. So it seems the process did not suffer from weakness of the Post Office acting as investigator, prosecutor, jury and judge all in one.
Other organisations do their own prosecutions, too: National Trust, the railway companies (though recent pursuit of minor fare dodgers doesn’t impress), Civil Aviation Authority, RSPCA. And it seems to work very well.
There has to be a place for private prosecutions and, indeed, any individual may prosecute any other. There is also the question of money (what a surprise!) since, due to budget cuts at the CPS and in the justice service generally, it has been said that the test of a successful prosecution by the CPS has been stiffened as funds have become tighter. It surely can’t be right that more criminals should be allowed to escape prosecution because the CPS is short of funds.
So private prosecutions can work well, but what happens if those in authority at organisations which can do these prosecutions are malign? The Post Office has it all, and rules will be bent if, returning to my theme, those in charge think it is essential to preserve the good reputation of the organisation even at risk
of bankrupting or killing those they should be caring for.
The Post Office case has so many examples, so many “lessons to be learned”, and they keep tumbling out. It is years since I read The Great Post Office Scandal, the book written by Nick Wallis, and things were bad enough then, but a great deal more has come out in the public enquiry. I have listened to some of the closing addresses at the public enquiry, and to revisit what happened to Lee Castleton, to Seema Mistra and to many more, in full knowledge of the senior people at the Post Office, is truly shocking.
I am very much looking forward to the report in a few months’ time, to what Sir Wyn Williams has to say about the shocking things he has learned.
But this is all unique to the Post Office; it is not a justification for the abolition of private prosecutions. The frequency of private prosecutions by those who have a triable case must not rely on the funds available to the CPS.
Biog: Chris Makin has practised as a forensic accountant and expert witness for 30 years, latterly as Head of Litigation Support at a national firm. He has given expert evidence about 100 times. He also performs expert determinations.
Chris is a fellow of the Institute of Chartered Accountants where he has served on the Forensic Committee, and as an ethical counsellor; he is a fellow of the Chartered Management Institute, a fellow of the Academy of Experts where he serves on the Investigations Committee, and a mediator accredited by the Chartered Arbitrators. He practises as a mediator, from his home in West Yorkshire and his rooms at 3 Gray’s Inn Square, London WC1R 5AH, telephone 020 7430 0333. He has mediated 100+ cases so far, on a huge range of subjects, with a settlement rate to date of 80%. For more see his website with videos:
www.chrismakin.co.uk chris@chrismakin.co.uk
Chris Makin
One tray short of a baker’s dozen: injury on the production line
Commentary
This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist.
Learning points
• In a case where biomechanical or ergonomic issues may arise, it is advisable to explain your knowledge of the subject or subjects.
• Indicate that you will, if you consider it advisable, recommend the instruction of a biomechanical expert or ergonomist and, if appropriate, defer to them.
• Be in a position to give evidence about possible causation in specific situations relevant to the instant case.
• Be in a position to provide references to studies showing a correlation between load and injury.
The case
The pursuer’s case was that she suffered loss injury or damage as a result of the defender’s fault and negligence. She was employed as a production operative at Mathiesons Bakery in Larbert. To succeed, the pursuer was required to prove that she was engaged in a manual handling operation, that there was a foreseeable risk of injury, and that she was injured by the operation.
History
On 31 May 2020, the pursuer was primarily engaged in work on the production line. On that day, she was instructed to collect twelve trays of cream for use on the production line. The trays were to be collected from a window next to the production line, which formed part of the sanitiser tunnel within the defender’s production plant. Each tray contained a ten litre bag of cream. Each tray was plastic and a little wider than the pursuer’s body. The pursuer picked up each tray at about hip or waist height and lifted it to almost level with her shoulders. Her
arms were slightly extended in front of her. The trolley was to the pursuer’s left hand side at 90 degrees to the window from which she was collecting the trays. The purser lifted around eight or nine trays and stacked them in turn on a flat trolley. The pursuer immediately felt pain in her back after lifting the ninth or tenth tray from the window. The pursuer continued to work and took all twelve trays to the production line.
The following day when the pursuer got up for work she was unable to get out of bed immediately and fell to the floor when she tried to do so. The pursuer was absent from work for three months and her symptoms resolved within six months.
Skilled evidence
Her skilled witness was a consultant orthopaedic surgeon. His evidence was that, if the court accepted the pursuer’s evidence of lifting trays approximately 10 kg in weight from waist height to shoulder height on a trolley to her left resulting in pain in her back, he considered that to be a mechanism that could cause the pursuer to suffer injury.
The skilled witness explained that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics dealing with the operation of the spine, lower limbs, hands, knees and arms. In his evidence in chief he agreed that there was a risk of injury if a female lifted a weight of 10 kg from a low height to shoulder height with her arms partly outstretched. This was evident from basic mechanics and how a load is applied. If a load is at close distance to the spine, if the arms are outstretched the load is further from the spine and the greater the loading on the spine as a result. Risk of injury could be reduced by reducing the load, the height, or the distance away from the spine. That would include not lifting as high or as heavy a load.
In cross-examination, the skilled witness said that the higher the load, the higher the relative chance of injury. He was not immediately in a position to provide references to a study showing a correlation between load and back injury, but referred to health and safety regulations which were very clear about load and risk.
Submissions
So far as foreseeability was concerned, the defender submitted that the skilled witness did not give evidence about the threshold load for the risk of injury and did not give evidence about height and distance in relation to risk. It was submitted that the court required to have evidence about what lesser load and/or height would have avoided injury.
Counsel for the defender submitted that biomechanics and ergonomics are both recognised bodies of knowledge and are separate from the core specialism of the pursuer’s skilled witness, a consultant orthopaedic surgeon, notwithstanding that in the course of studying for the FRCS examinations, there were a number of modules on basic sciences including biomechanics. It was submitted that the issue really was one for an ergonomist which the pursuer had attempted to introduce but with which she had decided not to proceed.
Decision
The sheriff, having regard to the skilled witness’s training in biomechanics, was satisfied that, in principle, and subject to the ground being laid in evidence, he was qualified to give evidence about risk of injury in carrying out lifting at least at the level of principle as to whether certain types of lifting activity carry foreseeable risk of injury. The problem, however, was that the sheriff was not satisfied on the evidence he heard that the skilled witness was in a position to give evidence about possible causation in specific situations. For example, at what carried weight would the risk of injury in a particular lift be more than de minimis; or again, how many repetitions of a particular lifting operation would give rise to a foreseeable risk of injury, and it was evidence at that level of detail which was wanted and required
The sheriff’s finding was that the pursuer did not suffer loss injury or damage as a result of the defender’s fault and negligence.
Link to the judgment: https:// www.scotcourts.gov.uk/media/ gmrpnrrk/2024scedin43-agnieszkaswierzko-against-mathiesons-bakerylimited.pdf
Keith Rix EWI
