Legal Eye 2012

Issue 001 Oct 2012 £2.50

LAW FIRMS WAKE UP TO A CHANGING WORLD Features: 06

27

46

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Legal 500 Top Firms in Northern Ireland

New Era For The Bar

Paul Tweed’s Media Odyssey

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Contents Corporate Challenge

Sept/Oct 2012 ISSUE 001

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John-George Willis of Tughans looks at how legal firms are adapting to changed times in the corporate and commercial legal marketplace.

Evolving Role For Barristers

Doug Hargrove, Managing Director of Iris Legal Solutions, reckons that law firms here and elsewhere need to adapt to new technology and new ways of working....or face up to an end of an era.

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A group of barristers and QC’s come together at the Bar Library to discuss how the role of counsel has changed.

Oiling The Deal Wheels

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The Law Society for Northern Ireland continues to play an important role as a backbone to the region’s solicitor community.

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Mark Mulholland QC

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Bar Council Chairman talks about the changing role of the Bar in Northern Ireland.

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A group of influential property lawyers from around the world were in Northern Ireland for a major Law Society conference on property law.

Buckley Publications 20 Kings Road Belfast, BT5 6JJ Tel: (028) 9047 4490 Fax: (028) 9047 4495 www.businesseye.co.uk

Commercial Mediation The Pros and Cons of mediation as a means of resolving legal issues and disputes.

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Property Matters

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Northern Ireland Legal 500 The Legal 500 2012 Report on Northern Ireland’s leading law firms across a variety of specialist practice areas.

Michael Johnston of Carson McDowell reckons that M&A activity in the Northern Ireland marketplace continues apace in difficult economic times.

A Vital Role

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Change Or Die

NI’s Celebrity Lawyer

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Legal Eye catches up with Paul Tweed, Managing Partner at Johnsons in Belfast, but also a media lawyer with a global reputation and an A-List client portfolio.

Editor Richard Buckley Commercial Director Brenda Buckley Sales Manager Claire Dickson

Features & Promotions Manager Ciara Donnelly Credit Control Manager Lisa McArdle

Design Hexagon 65 Irwin Crescent Belfast, BT4 3AQ Tel: (028) 9047 2210 www.hexagondesign.com

Photography Press Eye 45 Stockmans Way Belfast, BT9 7ET Tel: (028) 9066 9229 www.presseye.com

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As Northern Ireland’s leading business magazine, Business Eye is well used to spotlighting specific marketplaces and areas of business specialisation.

Richard Buckley EDITOR Irish Magazine Editor of the Year 2005

AN EVOLVING MARKETPLACE...

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orthern Ireland’s legal sector is one we’ve always touched upon, but we’ve never risen to the challenge of covering it in some detail. Until now, that is.

Law firms in Belfast serving the business and corporate market have long been our customers, and we’ve been very happy to cover their practices, trends in the law, and to pass on a spot of free legal advice to our readers... something that they don’t always receive a lot of!

This venture, Legal Eye, marks a whole new departure for Business Eye and it’s one that we’re very excited about.

This is the first time that we’ve produced a stand alone, special publication devoted entirely to any one section of the local economy. And, if that’s not a compliment to a buoyant and competitive legal sector, it’s hard to image what is...?

And there’s no doubt that this is a highly competitive area. The top law firms here battle it out for clients on a day to day basis, and increasingly, locally-based and homegrown practices are being joined in that battle by law firms with their roots in other part of the British Isles.

We’re delighted to be working alongside The Legal 500 in this unique venture. Published for over 20 years, the Legal 500 Series provides the most comprehensive workdwide coverage currently available on legal services providers in over 100 countries.

Used by commercial and private clients, counsel, CEO’s, CFO’s and professional advisers – as well as by other referrers of work both nationally and internationally – the series if widely chosen over competitive legal guides for its definitive judgement of law firm capabilities.

Legal Eye contains the all-important Northern Ireland Legal 500 Rankings of our top law firms, as well as features on some of those leading firms....and the leading lawyers who work for them.

We’re also pleased to feature the work of the Law Society for Northern Ireland and the Bar Council of Northern Ireland... organisations which help form the backbone of the law on these shores.

We hope that Legal Eye will become a regular part of our portfolio of specialist publications published by the Business Eye team.

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Legal Eye on Employment Law

Late Legal Advice is Too Costly for NI Business

Mark McEvoy BL.

Suzanne Bradley BL.

Mark McEvoy BL and Suzanne Bradley BL look at the most pressing employment law issues concerning small businesses.

Tough economic times mean tough decisions for employers and because businesses must be efficient and responsive to survive the current economic conditions they have to manage issues relating to their biggest asset – employees - before it becomes a critical liability affecting the very survival of the business.

Mark McEvoy BL:

“T

opping the scale of the most problematic challenges currently experienced by small businesses is how to terminate the employment of under-performing employees.

“Northern Ireland is a small working economy and a more enabling environment for small business is going to be key to

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our economic recovery. Under performing employees present a major risk for any company but in this jurisdiction failure to grasp this particular nettle could have a serious impact on the long term survival of a local business and its ability to compete.

“It may seem obvious but problems must be handled without delay. It is sad to say that so many of the cases we deal with happen because of indecision and procrastination. The longer a problem is allowed to continue, the harder it becomes to deal with.

Communication is vitally important, both in terms of employers conveying their expectations and employees being able to raise any difficulties experienced.

“Often, it is impossible to recognise that an employee is underperforming until they have been with the company for some time. To avoid this, businesses must implement a reasonable probationary period, ensure that new employees are afforded a proper induction and most importantly, put an effective performance management scheme in place.

“Of course the easiest way to

avoid under-performing employees is not to hire them in the first place. Not enough businesses are sufficiently diligent and thorough in their recruitment process. Too often, the ease and rapid nature of hiring in small businesses only causes difficulties later. Setting a high standard of selection ensures that candidates are fully aware of what the expectations are before they are hired.

“However, no matter how many precautions you take problems can and will occur. That is the time to get early and expert legal advice. So many businesses have found themselves in real financial difficulties simply because they tried to go it alone in communicating and managing a situation with no understanding of their employees’ rights or indeed their own.

Suzanne Bradley BL: “Recent research has shown that the second most complicated legal issue for small and medium sized businesses is making redundancies.

“Few businesses, no matter what size the undertaking, have been spared the need to make very hard decisions as to the how to balance their reduced financial circumstances against the protection of their workforce.

“The least desirable option for both employer and employee is declaring posts redundant.

Particularly, in the case of involuntary redundancy, when a selection has to be made between employees who may be long serving and loyal to the business.

“Before declaring redundancies employers should take legal advice in considering whether there are workable alternatives. The following options could be considered (subject to the terms and conditions in the contract of employment or agreement with the employee):

• Seeking voluntary redundancies • Redeployment into a lesser paid post • Part-time working, reduction in hours, job sharing posts • Agreed reduction in pay • Temporary lay-off.

“If after having considered alternatives, an employer has no option but to declare a redundancy, a fair procedure must be adopted. A quick checklist to assist the employer will include: • providing as much warning to employees as possible in order to consider possible alternative solutions and if necessary, to find alternative employment; • proper consultation with employees to achieve the desired management result and to avoid hardship amongst employees; • devising and applying fair, objective criteria for redundancy selection • ensuring that the selection is made fairly in accordance with those criteria; “An employer who can demonstrate that alternatives were considered but found to be genuinely unworkable and adhered to a redundancy policy and procedure in line with the Labour Relations Agency Guidelines, will be well placed to defend any possible claim for unfair selection for redundancy.

“Perhaps more significantly, the research confirmed the experience of barristers in practice that most businesses leave it too late to seek legal advice. Understanding the legal requirements and obligations can be difficult but ultimately, failure to comply with legislation or choosing to take shortcuts can prove more costly to a company than seeking early intervention from barristers who specialise in employment law.”

For more information, visit www.barlibrary.com

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Legal Eye on Practice

TUGHANS BACK TO GROWTH FOR BELFAST BIG GUNS

John-George Willis, Head of Corporate, Tughans.

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Legal Eye on Practice A law firm with a clear focus on business clients, Tughans has been seeing growth across a number of its key sectors over recent months.

T

hat’s the view of the firm’s Head of Corporate, John-George Willis.

“We’re seeing growth in banking and insolvency, perhaps not surprisingly, but also in areas such as corporate restructuring, energy and employment law.”

On the banking front, it’s no secret that the main banks have been hiring quite a number of lawyers to carry out security reviews on their loan portfolios... and there’s not much chance of that flow of work drying up for quite some time yet.

“Our banking department, led

by Fearghal O’Loan, has been incredibly busy in recent times, and that’s set to continue in the medium-term future.”

Less predictably, Willis points to a steady flow of merger and acquisition work coming through to the firm, but a more significant rise when it comes to restructuring.

“Among the most common restructurings are ones where companies which have had exposure to property investment can pull their trading business operations away from the property loans... and come to agreement with the banks on how to service their debts.”

John-George Willis says that his firm has found itself working with client companies with liabilities which in certain instances can exceed £100 million.

“The whole area of corporate governance is vital in the current climate,” he says.

“We’ve been busy advising on corporate governance issues on a daily basis. It is a big issue... and one which isn’t always taken seriously by companies, often until it’s a bit too late.

“There are more stringent controls on directors than ever before, and the pressure is on those directors to meet their obligations.

“But there is evidence that company directors are taking legal advice at an early stage when problems are looming.

By doing that, they can reduce their personal liability and avoid punitive action going forward.”

Tughans has developed a high potential niche in the energy/ environmental sector, led by

specialist lawyer Andrew Ryan, the firm’s Head of Energy.

“Our lawyers are working on a really diverse range of projects... from anaerobic digestion plants through to wind energy, offshore energy and the whole renewables sector,” says Willis. “And there’s no doubt that this is an area with big potential. We’ve also seen interest recently from the likes of Lloyds and Credit Agricole... the big backers of energy projects in the UK and Europe.”

One thing is clear for all of the law firms competing in the local marketplace.

Competitiveness on the pricing front is a business essential.

“Customers want a Premier League law service but at a lot less cost,” he adds. “But there are very good reasons why that’s the case, as clients are under the same competitive pressures.

It’s the same for all of us in this marketplace and we are very alive to pricing in a way that perhaps we haven’t always been.”

are plenty of others.

They were also involved in the acquisition of GB-based Cranswick Pet Products by Dungannon’s Westland Horticulture.

“I think that the fact that M&A’s are continuing has to be a positive sign. Companies here are getting on with the job and doing very well in certain sectors,” he says.

M&A work can often be a complex business. In the sale of Lisburn company Kelman to US industrial giants GE, Tughans worked with a total of 12 different law firms in several jurisdictions.

In common with many others working in business here, JohnGeorge Willis says there is a distinct lack of finance out there for companies in need of funds.

“The banks are all working to strengthen their own balance sheets, and there’s not a lot we can do about that.”

“Companies here are having to look increasingly towards the venture capital market and the business angels sector.”

“ Customers want a Premier League law service but at a lot less cost. But there are very good reasons why that’s the case, as clients are under the same competitive pressures. It’s the same for all of us in this marketplace and we are very alive to pricing in a way that perhaps we haven’t always been.”

“I think we’ve stepped up to the plate on the pricing front.

There’s no doubt that it is a buyers’ market, but it sharpens our focus, drives our growth and ensures that we’re hungry for every customer we can retain or new customer we can win.”

It’s an attitude which seems to be working. Tughans’ turnover rose by 7.5% in the last financial year, while the turnover within the Corporate Department did even better... rising by close to 10%.

“The main factors were rises in banking and insolvency, restructuring and M&A work, especially for export-led clients.”

Tughans’ corporate lawyers have been involved in some major deals in recent years.

High end examples include the sale of Lagan Technologies to Kana of the USA, but there

Tughans has also developed and grown a strong public and voluntary sector practice. In recent times, it advised the Department of Enterprise Trade & Investment on the Presbyterian Mutual Society settlement issue, and it has also been appointed by the GAA to provide legal services for the development of the brand new £73 million 40,000-capacity stadium on the Casement Park site in West Belfast. And the law firm has recently been named as sole legal advisers for Invest Northern Ireland.

“It’s been tough out there for the past number of years.

Anyone who says otherwise must have been somewhere else....

“But, as a law firm, we’re not just surviving. We’re growing in what is still a very challenging marketplace.”

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Legal Eye on Commercial Law

ECONOMIC DOWNTURN PUSHES BUSINESS SECTOR TO BE CREATIVE IN FINDING FINANCIALLY SENSIBLE DISPUTE RESOLUTIONS

As the law and its application to business transactions becomes ever more specialist, the need for access to experts who will balance your immediate legal needs with a tested knowledge of how certain actions will affect your business in the long term, is more critical than ever.

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The Commercial Bar in Northern Ireland was created to acknowledge and nurture emerging specialisms in areas as diverse as insolvency, administration; contract negotiations, procurement and employment, banking reform, planning and judicial review.

Discussing the legal issues affecting the business community in Northern Ireland today and how the Commercial Bar can provide assistance are Michael Humphreys QC, Stewart Beattie QC, Ronan Lavery QC, Jill Comerton BL and Jackie Simpson BL.

Legal Eye on Commercial Law INSOLVENCY, ADMINISTRATION AND PROCUREMENT Michael Humphreys QC “The legal effect and impact of insolvency is the most prevalent issue facing the business community and individuals we have been representing in recent times.

“The real difficulty I see is that there is no clear pattern or trend in cases and outcomes to inform future advice. The only interpretation is that banks are making decisions on a case by case basis.

Ronan Lavery QC “The recession has been very real for businesses here and the fear and concern apparent is that we have not quite hit the bottom yet. This is evidenced by the continued enforcement of personal guarantees by banks against individuals.

“What will quickly become fashionable will be voluntary bankruptcy and this will create real tension between banks, individuals and big organisations in terms of debtors.

“While it is working out, one case at a time, there will doubtless be a cumulative effect creating risks for business going forward.

Contracts are coming under threat, employment is coming under threat and High court writs are simply a temporary panacea.

Ronan Lavery QC

“In these instances the Commercial Bar experience is essential in predicting likely outcomes on a legal and commercial basis.”

Stewart Beattie QC “Thankfully people are now bringing counsel in earlier, preferably at the start of an issue. It is a real regret when you are called in so late; it is the equivalent of being given the hose and asked to put out the fire.

“The instinct of good solicitors now is to utilise the referral bar earlier. In procurement cases for example, you have to hit the ground running. Often you have merely days to make a judgement call before you could be out of time or seriously prejudice your position.

“Barristers are in a position to advise quickly – there is no such thing as a 40 hour week, or leaving the office at five o’clock.”

Jackie Simpson BL “The area of procurement and protecting the wider aspect of your business as an SME is a sensitive subject. So many small businesses are dependent on public sector contracts; losing one on grounds they feel are dubious presents a real dilemma in terms of bringing an action in court.

“The question is - are they prepared to risk challenging a government department or agency and potentially risk future opportunities? This makes it imperative for us as legal advisors to see the whole picture and weigh up the greater commercial consequences of success or failure in pursuing a case.”

Jill Comerton BL “That is why it is so important to see clients early and look for real world solutions to their commercial and legal problems.

“The enormous breadth of experience of having worked with and supported every level of business in every conceivable situation is what we can bring to even the smallest business in difficulty.

“It is much too late at the door of a court to make a decision that will affect the long term viability of your business and we fully understand the nuances of how to achieve the best outcome without jeopardising future business.

Stewart Beattie QC

INTERNATIONALISATION OF LOCAL LEGAL PRACTICE Michael Humphreys QC “Aside from the natural tendency to look at the current financial downturn it is heartening to see how many local businesses are finding success in global marketplaces and we are finding more and more that our services are required to support them in international law.

“What most people do not realise is in over 50% of commercial cases in London, neither party is from that jurisdiction. International companies are electing to bring their cases to the UK because they trust the integrity of the judicial system.

“This internationalisation of legal practice represents a tremendous opportunity for Northern Ireland.

Like London, we have a judiciary that is second to none; we have barristers known for the quality of their advocacy; yet bringing a case in Northern Ireland would be at a fraction of the cost.

“All of which points to the fact that we should be promoting Northern Ireland rather than London as a good place to bring complex international legal cases.”

Jackie Simpson BL “In fact the leadership of our Commercial Judge has provided

more innovation and structure than ever before and as a result, practice directions have been issued that ensure fast tracking and more effective case management.

“A classic example is the relatively new method of testing expert evidence in commercial cases, known as Hot Tubbing. This is where the expert witnesses on each side give evidence concurrently in a Judge-led discussion of the issues. It represents a further example of reducing the adversarial experience of court proceedings but the role of Counsel in advising and preparing the witnesses cannot be underestimated.

“The result is a robust exchange of opinion which is geared towards finding an equitable solution for both parties that will save court time and costs.”

Ronan Lavery QC “If someone locally is selling into Singapore they can make a choice to operate under our law and litigation process when they are drafting contracts.

“So businesses should factor the Northern Ireland Bar into their international business dealings so that if things go wrong, they are not casting around in a foreign jurisdiction for legal representation.

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Legal Eye on Commercial Law realistic outlook of the chances of success of a case. That’s not to say we are unsympathetic to the issues clients present, far from it.

However, while we allow for the clients emotional involvement in their case, we have to set that aside and provide the kind of strong independent, specialist legal advice that can save the client a small fortune in legal fees.

“Indeed the earlier we are brought in to give advice the more we can potentially save the client in terms of setting out a realistic and effective strategy to run the case.”

Michael Humphreys QC

Stewart Beattie QC “We should also be asking the question - why would International businesses not look at Northern Ireland as a venue for dispute resolution?

“If the changes being lobbied for in Corporation taxation came into statute, undoubtedly we would see an increase in nameplating with more businesses domiciled in Northern Ireland and contributing to our local economy.

“It would also offer considerable opportunities for our young people coming into a profession that is being stifled in so many ways.”

Jill Comerton BL “The fact that we run our own education and advocacy training in the Bar means that our young barristers coming through are of the highest calibre.

“It allows the junior bar to be kept up to speed, not just about high court writs but also in complex planning and environmental issues, judicial reviews and every aspect of work impacted by commercial parameters.”

“This training and the continuous professional development at the Commercial Bar is essential in making Northern Ireland a better place to do business in the future and ensures that the learning gained

by Commercial Counsel, whether senior or junior is shared.

“Currently for example we are running courses in written advocacy which is a unique skill of barristers and increasingly, expected by the judiciary.”

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Jackie Simpson BL “This level of training is also essential to ensure that clients continue to receive the best service. The Commercial Judge has very strict guidelines for running cases, the requirement for more skeleton arguments on paper and the drive towards mediation or alternative dispute resolutions before we go into court are all drivers for continuous improvement.

“Particularly at a time when everyone is facing financial hardship it is even more important that no one party can dominate the outcome of a case, purely on the basis of how much money they have.

“Commercial court is now also operating strict timetables enforced by the judge and there are penalties for failing to comply.

Things are moved forward in a controlled and structured way which is fairer for everyone.”

Stewart Beattie QC “We are of course aware of the perception that as barristers we exist to get into court and the longer a case runs the happier we are! That is simply not true. Having cases sorted and resolved efficiently is a matter of priority for us. You make a reputation keeping your client out of court long before you have to prove your success in court, that’s how barristers operate.

“How we are portrayed to the public is a difficult situation to manage. Our rules of professional conduct mean we cannot discuss or profile cases we have been involved in. However, this is the next stage of development to be considered by the Commercial Bar.

Jill Comerton BL “Creativity in terms of commercial settlements is increasingly becoming the norm. Court appearances are very much a last resort and there are all manner of ways in which a dispute can be resolved to the best advantage of a client. Not just in terms of saving money but particularly in terms of managing longer-term business consequences.

“Alternative Dispute Resolution, mediation and conciliation are all natural first courses of action in the area of Commercial Law.”

Michael Humphreys QC “The Commercial Bar is very clear on the need for the business community not to fear legal advice, but to seek it early to save valuable trading time and money. We recognise that to achieve this we have to become more public facing towards business and the media.

We are aware of the need for more communication and promotion of our services but we have to balance that with the very principles which make our system of representation one of the most envied in GB and Ireland.

“The operation of a ‘cab rank’ system means that no matter who you are, where you live in the country or what financial resources you have, you can access the most experienced legal advice available.”

Ronan Lavery QC “One of the most important advantages of the barrister is objectivity - we have some distance from the client and can give a more

Stewart Beattie QC “In the last seven days I have acted for an insolvency administrator and for a domestic householder. Indeed the legal issues in the case of the

Jill Comerton BL

householder were more demanding.

The strength of the independent Referral Bar is that our costs are the same whether you are a commercial giant or the small man on the street.

We cannot pick and choose cases and the affluence of the client is irrelevant - that is how we preserve our independence and how our clients can have confidence in our advice.

“The Commercial Bar is open for business on a local and international level with skills that match the best in the world in a judicial environment that is the envy of the world. That should be celebrated and developed to provide a future for business and our young professionals.”

Jackie Simpson BL

LEGAL EXCELLENCE IN A CHANGING MARKET In 2011, the Bar of Northern Ireland marked 90 years as the leading provider of expert independent legal advice and courtroom advocacy in a jurisdiction which has endured significant challenges to justice and the rule of law throughout its history.

T

he existence of the independent referral bar serves as a cornerstone of the Northern Ireland legal system. For many years, barristers have represented people in the courts of Northern Ireland and the Bar continues to be a strong, effective and thriving profession offering high quality advice and advocacy to meet an ever changing social and commercial environment and the professional needs of the individual client.

Consisting of 667 barristers and 69 Queen’s Counsel, barristers work collegiately from the Bar Library.

Independence and objectivity goes to the essence of professionalism and reputation of the barrister. The usual route of engagement of a barrister is through a solicitor; however, numerous professional bodies can directly access the services of the Bar. Increasingly barristers are extending their practices internationally, playing a significant role in ground-breaking legal judgments in local, national and European courts.

The Bar is continually expanding the range of services offered to the community through tribunal advocacy, arbitration, negotiation, alternative dispute

resolutions and the Bar Mediation and Expert Witness services. In the proud tradition of the Bar, barristers volunteer their time and expertise, through the Bar Pro Bono Unit, in cases where the applicant cannot afford to pay for assistance or has been unable to obtain public funding and has a meritorious case.

Through the legislative Assembly in Stormont, the Bar is actively engaging with government in shaping justice policy and the development of new legislation.

Access to training, experience, continual professional development, modern technology and state of the art facilities within the Bar Library enhance the expertise of individual barristers and ensure the highest quality of service to clients. Located adjacent to the Royal Courts of Justice, the Bar Library delivers a bespoke research and information service exclusive to barristers in Northern Ireland, including its own unique database of Northern Ireland law. The hard copy library collection is made up of over 60,000 titles and barristers have personal access to the full LexisNexis platform and Westlaw UK. For more information, visit www.barlibrary.com

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Legal Eye on xxx

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Legal Eye on Practice

CARSON

Growing Despite The ... Downturn

McDOWELL Carson McDowell’s Managing Partner Michael Johnston reckons that his firm has what it takes to stay amongst the leading group in The Legal 500 rankings for Northern Ireland.

“W

e’re very pleased with where we stand,” he says.

“We are placed very well overall and indeed if you look at the local independent law firms, we’re well ahead at the top and that’s where we aim to stay.”

Johnston attributes the firm’s success to the breadth and range of its legal services. “We have quite a number of niche specialities which we’re able to offer business clients here, right down to the fact that we’re the only local firm with an in-house lawyer specialising in EU Regulatory and Competition law. The breadth and depth of the firm sets us apart in the Northern Ireland market.”

“We’ve continued to invest in this practice over the years of economic downturn, and we’re firmly focused on continued growth,” he adds. “We’ve had a good 12 months with turnover up on the previous year. But, like almost everyone else, we’re having to work twice as hard at achieving that....”

“We haven’t been tempted to join the rush to the bottom on legal fees, but there’s no doubt that every law firm has had to look at its fee structures in the current climate. Clients want first-class service for competitive prices.”

Carson McDowell’s Corporate Team, led by Neasa Quigley, has been at the forefront of some of the biggest deals in the local business world over the past year or so.

Notable amongst these was the transatlantic deal which saw Padraig Canavan’s Singularity being sold to US company Kofax. Carson McDowell was also appointed NI legal adviser to Sytner Group on its acquisition of Northern Ireland’s longest established motor groups, the Agnew Group.

acquisitions including the sale of Fleet Financial to the Charles Hurst Group, and the acquisition by IDOX of Derrybased election technology specialists Opt2Vote [for a reported £3.5 million] . It also acted in the disposal of the Quinn Insurance businesses.

Johnston is a firm advocate of working closely with client companies. “We’ve established a lot of close, partner-driven relationships with our clients, and it’s an approach that works very well across the board.”

“ We’re ready to provide advice to our clients right from the outset, and we’re also happy to work with them on providing estimated budgets and costs for the work that we’re going to be doing. That’s not how things used to be... it’s a sign that times have changed. We are very focused on being the law firm of choice for Northern Ireland’s business community.”

“The level of mergers and acquisitions has stayed higher than some might imagine,” says Michael Johnston. “There has been a steady flow of deals in the past nine months or so, perhaps because companies are becoming used to the economic conditions... and deciding to move on regardless. There seems to be a level of confidence creeping back into the market. But, if there is a common factor in the deals taking place these days, that’s the fact that they’re not reliant on being financed by the banks.”

On a more local level, the firm has advised on NI-based

On the specialist side of things, Carson McDowell’s legal teams have been busy on the planning front, and on litigation handling everything from media law for leading clients including Sunday Newspapers Limited through to professional negligence.

The firm has an established reputation in the field of medical negligence, and the professional negligence team headed up by Roger McMillan has acted in virtually every high profile case in Northern Ireland.

The firm’s well respected property team, headed up

by Jeremy Hill and one of the top performers in the

field, Rosemary Carson, has maintained a busy workload despite a distinct change in fortunes for the property sector.

It’s also been central to a number of wind farm deals in the energy sector, and has specialists working in areas such as technology, transport, healthcare and construction.

“What remains important is that businesses should seek legal advice at an early stage,” says Michael Johnston. “It’s not the case that top law firms start the clock running as soon as someone walks through the door... at least that’s not how we do things around here.

“We’re ready to provide advice to our clients right from the outset, and we’re also happy to work with them on providing estimated budgets and costs for the work that we’re going to be doing. That’s not how things used to be... it’s a sign that times have changed. We are very focused on being the law firm of choice for Northern Ireland’s business community.”

He adds, “The professional rankings place Carson McDowell firmly where we want to be, ahead of our competitors. The team we currently have, as well as the breadth and depth of expertise available at the firm, is the best we’ve ever had to offer our clients. We remain focused on delivering the best legal advice to clients underpinned by integrity, teamwork and competitiveness and the rankings are a good reflection of our success.”

15

Legal Eye on Law Society

THE LAW SOCIETY The Law Society of Northern Ireland may be a name that is familiar to you but you may not be aware of what exactly the Law Society does or who it represents.

WHAT IS THE LAW SOCIETY The Law Society is the representative and regulatory body for solicitors in Northern Ireland. It was established in 1922 under a Royal Charter and under the 1976 Solicitors (Northern Ireland) Order, the Society acts as the regulatory authority governing the professional conduct of solicitors.

The Society is governed by an elected Council of 30 solicitors and is led by a Presidential team consisting of the President, the Senior Vice President (who is the

16

immediate past President) and the Junior Vice President (who is the next incoming President).

The President’s term of office is one year beginning in November.

The Law Society Council carries out much of its work through committees composed of Council members along with co-opted members of the profession and lay representatives.

A number of committees assist the Council in carrying out the regulatory functions of the Society, this involves monitoring compliance with the Society’s accounts and financial

service regulations, overseeing the operation of the Society’s Master Policy Professional Indemnity Insurance, and the Home charter scheme (a Society initiative for the setting of minimum standards in domestic conveyancing practices).

A significant part of the Law Society’s function is to provide advice and guidance to its membership and proactively represent their position with key stakeholders whether they are Government, the Local Assembly, business organisations or the general public.

THE SOLICITOR PROFESSION IN NORTHERN IRELAND The solicitor profession in Northern Ireland is characterised by the general practice model and there are a number of characteristics of the profession which makes it quite unique in these Islands.

As a small jurisdiction within the United Kingdom our legal successes and that of our members are often unseen and unheard.

Increasingly our uniqueness, location and the wealth of experience and the skills of our

Legal Eye on Law Society

membership provide the perfect combination of service delivery and commitment to the client.

There are over 2200 practicing solicitors in Northern Ireland engaging in some five hundred firms of solicitors, 50% of whom are sole practitioners/partners and less than 30% of solicitors work in firms with five or more partners.

Solicitor’s firms are widely geographically spread, located in some seventy eight locations throughout Northern Ireland, with most small towns hosting a number of practices.

As with many businesses within Northern Ireland there is a tradition of family practices with many firms’ third or fourth generation solicitors and they are integral to the local community.

The main areas of law, solicitors in private practice engage in tend to be family law, conveyancing, insolvency, commercial, probate and criminal work.

Recent years have seen a growing number of firms specialising in an area of law including criminal or commercial law, although many continue to provide a range of more general services to their lead clients.

CONTRIBUTION OF THE SOLICITOR PROFESSION In 2011, the Law Society undertook research into the contribution of the Solicitor profession to the Northern Ireland economy. The Society’s research indicated that: • Solicitors’ practices employ approximately 6,000 people in total in Northern Ireland; • Solicitors’ practices spend over £14 million per annum purchasing goods and services within the local economy.

• Every Solicitor’s practice on average spends £25,000 per annum within their local area on products and services.

• Collectively solicitors’ practices provide pro bono services to the value of £21 million per annum.

• 76% of solicitors throughout Northern Ireland perform a voluntary role with a community charity or voluntary group often providing free legal advice.

As the findings of the Society’s research highlight it is difficult to dismiss the significant contribution which the solicitor profession continues to make to all aspects of life in Northern Ireland from Business to the local community.

LOOKING TOWARDS THE FUTURE The Solicitor profession like many other professions has been affected by the ongoing downturn in the economy. It is increasingly evident that the ongoing economic malaise and its resultant effects continue to impact on the operational day to day running of many practices.

This presents a real challenge particularly when economists forecast that the ‘shoots of recovery’ may take some time to embed. With greater strains on public finances and ever increasing demands from lending institutions, solicitors like many other professions are now operating in a period of greater uncertainty.

The reality is that there are no quick fix solutions to all of the problems which are now emerging and impacting on solicitors.

For its part, the Law Society

remains committed to growing the economy and to actively promoting the services of solicitors to key stakeholders.

This means meeting the challenges ahead by promoting the value of the solicitor profession and underscoring the need to preserve the network of solicitors in Northern Ireland.

It also means actively promoting the services of solicitors beyond the shores of Northern Ireland to new target stakeholders.

Over the course of the last number of years the Society has successfully promoted ‘legal tourism’ in Northern Ireland by inviting and hosting international legal delegations and conferences including the American Bar Association, German Law Society and the International Bar Association.

In November 2012, the Society will host the prestigious “UNCLOS at 30” event taking place in Belfast on 22nd and 23rd November 2012. The United Nations Convention on the Law of the Sea

(UNCLOS) event will see foreign delegates visiting Belfast who will in turn contribute to the local economy and position Northern Ireland as a legal resource for legal companies, representative bodies and associations around the world.

Meeting the challenges ahead means promoting the core services of solicitors to the business community by highlighting the services provided by local solicitors on areas of law such as contract and employment or underscoring the value of mediation services in commercial disputes; or the advice given in patents or intellectual property disputes.

The solicitor profession stands ready to deliver the services the business community needs.

There are many challenges ahead but there are also unrealised opportunities. The Law Society and the solicitor profession remains committed to proactively playing its part in the national recovery through the active promotion of the solicitor profession at home and abroad.

17

Legal Eye on Property

Property In The Spotlight At Law Society Conference The Law Society of Northern Ireland, in conjunction with the School of Law at Queens University Belfast and the Commonwealth Lawyers Association, hosted an important Property Law Conference in Riddle Hall, Belfast on the 27th and 28th September 2012.

Jonathan Temm, President of the New Zealand Law Society

T

he conference considered important contemporary issues and legal developments in the law relating to property ownership and responsibilities. Delegates and speakers in attendance came from India, Canada, Malaysia, New Zealand, Australia and Nigeria, as well as the home jurisdictions.

The diverse, yet likeminded lawyers found much in common, which resulted in an enjoyable, information packed and thought provoking conference.

Mr Justice Bernard McCloskey is the Chair of the Northern Ireland Law Commission. He reported on important work being carried out to consider possible law reform relating to apartment developments. Of particular interest was a recognition that Company Law applicable to owner’s management companies introduced complexity, which was perhaps beyond what was needed in the administration of private homes. Under the chairmanship of Law Society Senior Vice President, Brian Speers, a panel discussion comprising lawyers from Australia and Scotland, contributed to a careful consideration of what improvements could be made to the legal framework involved in establishing and administering apartment or multi-unit schemes.

Professor Elizabeth Cooke, a Law Commissioner for England and Wales, introduced property law reforms under consideration in that jurisdiction. She identified the complex implications

18

of property law reform and this complimented Sarah Witchell, solicitor, who contributed reflections on the Northern Ireland Land Law Reform project. A challenge was issued to those involved in law reform locally to engage with our legislative Assembly and perhaps participate as practitioner experts to support the work of the Assembly.

Local delegates needed no reminding that floods have become a regular occurrence in Northern Ireland. Property law issues arising from what might be described as local, natural disasters, involve the responsibilities of statutory agencies – planners, Northern Ireland Water and Rivers Agency. Such disasters also bring a spotlight upon insurers and their role in supporting and compensating those who have suffered as a result of flooding. To put an international perspective on our locally experienced difficulties, John Corcoran of the Law Council of Australia and Jonathan Temm, President of the New Zealand Law Society, gave fascinating presentations on natural disasters experienced in their countries. Mr Temm described the implications of the February 2011 earthquake in Christchurch and the response of lawyers and politicians to that natural disaster. Mr Corcoran provided an interesting perspective of the flooding in Northern Ireland when he explained how the Queensland floods in 2010 resulted in 78% of the State being declared a disaster zone. An area bigger than France

and Germany combined was under water! As a result of that experience, building regulations standards were considered by a State Commission to ensure minimum building standards for homes and non-residential buildings used by vulnerable groups. He also contributed thoughts on how property law and building regulations had been influenced by the bushfires in Queensland in 2011.

It was interesting that some areas have now been deemed so prone to the occurrence of natural disaster that building permits are no longer issued in designated areas with the State developing a retreat and resettlement strategy. This certainly would give food for thought to planning policy in Northern Ireland, particularly in areas shown to be prone to flooding.

A panel of local practitioners contributed to a thought provoking analysis of “the credit crunch and property law”. Issues tackled included the sale by and acquisition from insolvency practitioners acting as liquidators or receivors in relation to bank repossessed property. Developments in the law relating to jointly occupied property were also considered. The panel comprising Ian Huddleston solicitor of Pinsent Mason solicitors, Belfast, Dr Heather Conway from the School of Law at Queens University and Denise McBride QC was well received by the delegates and their contribution complimented a fascinating presentation

on Title Insurance presented by Reema Mannah, solicitor and Chief Underwriter of conference sponsor, First Title. For many practitioners, valuable information was provided as to how title indemnity insurance can assist in overcoming property title related problems, thereby assisting in the transfer of ownership.

The Conference also included fascinating insight into Land Law Reform in Nigeria, the rights of the Oran Asli people in Malaysia and in particular efforts to preserve their property rights and indigenous way of life, and the treaty negotiations being conducted in Canada to provide land rights for the first nation peoples of Canada.

The Conference concluded with the presentation from Lord Kerr, Justice of the Supreme Court of the United Kingdom, who spoke on property and human rights. This completed what all in attendance considered to have been a friendly, informative and wide-ranging conference. Organiser, Brian Speers, commented “This event provided local practitioners with the opportunity to share their ambitions and challenges for reform of property law and practice and to learn from other jurisdictions from across the Commonwealth countries, which share Property Law concepts but which have evolved over the years in different ways. It is hoped that the event can be repeated bringing more visitors to Northern Ireland as part of an increasing trend towards legal tourism in Belfast.”

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Legal Eye on Practice

PRIVATE CLIENT SERVICES AT CLEAVER FULTON RANKIN Michael Graham, one of the Directors in Cleaver Fulton Rankin’s Private Client Department, outlines the range of services his team can provide and explains that these encompass much more than just the traditional areas of wills and probate.

A

t Cleaver Fulton Rankin we have one of the largest Private Client teams in Northern Ireland. Private client lawyers work with individuals and families, providing legal advice on a wide variety of matters such as trusts, taxation, estate management, wills and testamentary issues. People often have a misconception that these services are only relevant to the very wealthy, but our clients vary greatly in terms of both age and wealth. For example, we regularly advise on the range of issues affecting elderly clients, such as means assessments for nursing care and the appointment of attorneys or controllers to manage their financial affairs. Our family lawyers can also advise on

issues around separation and divorce and indeed on pre-nuptial agreements which are becoming ever more popular.

Our main objective is to provide sound advice to our clients which will help protect, build and maintain family wealth. We also act as professional executors and trustees for our clients and have recently established a trust company, Cleaver Fulton Rankin Trustees Limited, for this purpose.

In the rare circumstances where families fall into disagreement over a will or trust, our specialist litigation team can act on behalf of clients in bringing or defending a claim.

Our dedicated lawyers have a wealth of experience and are well used to handling sensitive and

often complex affairs. We keep up to date with changing legislation and best practice and my fellow Director Alastair Rankin and myself are members of of the Society of Trust and Estate Practitioners which is widely regarded to be the leading professional association for professionals working in this area. In addition we have strong relationships with other professional advisors including accountants and financial advisors to ensure that our clients receive positive solutions tailored to their individual circumstances.

If you would like further information please give us a call 028 9024 3141 and speak to one of the team or visit our website www.cfrlaw.co.uk.

Please note the content of this article is for information purposes only and further advice should be sought from a professional advisor.

Cleaver Fulton Rankin’s Private Client Team are William Cross, Jonathan Forrester, Alastair Rankin, Tim Rankin and Michael Graham.

20

Legal Eye Cover Story

Law Firms Must Wake Up...

TO A CHANGING WORLD ...

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Legal Eye Cover Story

Even lawyers themselves – if pushed – will readily admit that law firms aren’t too good when it comes to moving with the times.

B

ut, according to one man who deals with law firms on a daily basis, law firms here and all over the British Isles are going to have to accept changing times... or face extinction.

Doug Hargrove is UK Managing Director of IRIS Legal, an established and market leading company supplying specialist practice and case management software and IT services to law firms, groups of barristers and other legal professionals all over the UK. The company has a busy Irish operation headed by Regional Manager, Jimmy Scullion.

Hargrove, who came to IRIS Legal after a successful career in retail industry technology, identifies four major challenges currently facing the legal profession.

The Legal Services Act 2007 – which opens up the legal marketplace to not only allow outside investment but to also allow non-lawyers such as accountants, retail groups, banks and others to offer legal services to the public.

Technology – the growth of internet-based law firms (without bricks and mortar offices) offering online services, and the spread of both mobile technology and social networks.

The Economy – the ongoing challenges of the economic downturn which, in turn, has driven more and more consumers to seek out the best value possible.

The Consumer – whose habits have changed beyond recognition and who now do

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Jimmy Scullion (left) and Doug Hargrove of IRIS Legal

more research and comparison online and consume legal services in a very different way.

“The problem is that too many lawyers still appear to think that customers will always be happy to come and see them at their offices and allow them to charge hourly rates for their services,” he adds. “It might be happening now, but that approach simply won’t be around for ever.”

Law firms, says Hargrove, need to look closely at how they

“ Firms have to be looking at embracing newer technologies like case management, workflow, client selfservice and mobile to meet the ever increasing needs of their clients.”

manage their practices effectively.

His company helps lawyers to not only manage their firm more like a business, but also enables them to be more efficient in the way they practice law and more importantly, the way they engage and work with their clients.

“Firms have to be looking at embracing newer technologies like case management, workflow, client self-service and mobile to meet the ever increasing needs of their clients,” he says.

Legal Eye Cover Story

“ The Legal Services Act, arguably, is one of the most pertinent challenges. It gave rise to the term ‘Tesco Law’... which was coined to describe the opening up of the legal services market to companies outside of the traditional law firms sector to enable them to offer high volume legal services such as probate and conveyancing.”

He goes on to highlight another couple of issues facing firms. One is marketing, and the whole idea of starting to know and recognise customers, their needs and habits... in much the same way that today’s leading retailers gather and store information on their customers.

The second is the thorny issue of compliance. Compliance is nothing new for legal professionals, of course, but more recent legislation moves compliance requirements to be front and centre with law firms being required to appoint compliance officers who – strictly speaking – could face prison terms if their firm steps seriously out of line.

“So there are plenty of challenges out there for law firms,” Hargrove continues. “The Legal Services Act, arguably, is one of the most pertinent. It gave rise to the term ‘Tesco Law’... which was coined to describe the opening up of the legal services market to companies outside of the traditional law firms sector to enable them to offer high volume legal services such as probate and conveyancing.”

“Even a cursory look online will show how many companies there are offering legal advice and legal services via that route.

These are companies operating online, without any expensive offices in city centres, and perhaps using lawyers and support staff based all over the world.”

But the Legal Services Act shouldn’t be considered as a negative for the traditional law firm sector. Doug Hargrove points out that it opened up a route to external funding for law firms here and elsewhere... who can now go for venture capital, equity or other forms of finance.

He reckons that more of them should look to this as an opportunity and think seriously about changing the way that they do things, in particular, leveraging technology before it is too late.

“Take communicating with clients as an example. Once again, law firms tend to be set in their ways when it comes to doing that. Not all of us like it, but there is little doubt that there is a greater demand from clients for transparency and self service whilst mobile technology and social networks are increasingly important means of communication.”

Hargrove uses the Generation X and Generation Y scenario... as painted by a number of key marketing thinkers.

While some of an older generation might be happy to know a little about mobile internet, Twitter, Facebook and LinkedIn... Generation Y (today’s younger business people) is right on top of today’s available technology. They are ready for the next step forward and – crucially – expect a service to be delivered when it is requested.

“That’s fine if they’re buying something from a retailer, traditional or online, but it’s not so fine if it is legal services which they intend to consume,” he argues.

“Lawyers aren’t used to doing things there and then, and a lot of them won’t take too kindly to being asked to do just that!”

“But the customer in question, if they don’t get what they want when they want it, can go online and buy what they need... maybe a will which they can draft online themselves by completing an online questionnaire with automated forms and then pay to have topped and tailed by a lawyer sitting at a desk in South Africa, for sake of argument. And they’ll be buying the service at a very different price point too.”

Hargrove says that technology has to be viewed as the enabler.

“All of these things are potential

threats, of course, but law firms have the expertise and the experience to be able to change how they do things... and carve a strong niche for themselves in what is a fast-changing marketplace.

“Technology has to play a major part in what they are doing in the future... from practice management software through to a much more dynamic use of new marketing channels.”

For the doubters out there, he is quick to quote the case of other professional sectors.

“There were those in banking who said that the role of the bank manager would never change.

Or insurance professionals who scoffed at the threat of the price comparison website. And the retail business was full of people who failed to see how online shopping would ever catch on.”

“The legal industry is not immune to change. If firms can get with the programme, they can thrive and benefit from changes which are happening now.”

For further information from IRIS Legal, please contact Jimmy Scullion on 079172 47626, email; jimmy.scullion@irislegal.co.uk

23

Legal Eye Profile

TUGHANS...

DELIVERING EXPERIENCE & EXPERTISE Tughans isn’t just one of Northern Ireland’s largest commercial law firms. The firm has evolved over the past 100 years into one of the leading commercial law practices in Northern Ireland with lawyers recognised as market leaders across the following areas; Banking, Commercial Litigation, Construction, Contracts & Technology, Corporate, Employment, Energy, Environment & Planning, Healthcare, Insolvency, Insurance Litigation, Private Client, Public Sector, Real Estate, Sports Law & Management and Venture Capital and Funding.

The firm is headed by Senior Partner Phyllis Agnew and Managing Partner Ian Coulter. Today Tughans advises some of Northern Ireland’s largest and longest established businesses as well as some of its most promising emerging talent. A significant number of Tughans’ lawyers are dual qualified to practice in Northern Ireland, elsewhere in the UK and Ireland.

CORPORATE

John-George Willis Department Head

Tughans’ Corporate Team delivers commercially focused legal advice within a timescale and at a cost that works for its business clients.

One of the largest and longest established corporate teams in Northern Ireland, Tughans offers a full range of corporate services and has experience acting on some of the highest profile deals in this jurisdiction.

24

The team includes specialist units across a wide range of sectors including technology, agri-business, energy, construction, manufacturing and business to business services.

It has built up substantial experience in cross-border transactions, regularly acting on international deals with a Northern Irish aspect.

In addition to their legal expertise, Tughans’ lawyers consider market awareness and networking as crucial to understanding the sectors in which their clients operate and their associated pressures. This commercial dexterity ensures that the team can and will provide tailored practical advice at every stage of a transaction and secure clients’ business objectives... with both legal and business considerations firmly in mind.

Corporate Services: • Mergers & Acquisitions • Private Equity & Venture Capital • Corporate Restructuring • Joint Ventures • Shareholder Issues • Corporate Governance • Partnerships.

employment teams with the added advantage that their lawyers are qualified in England, Wales, the Republic of Ireland, as well as Northern Ireland.

This is a major asset, as many clients have business concerns outside the local jurisdiction.

As with the wider firm, the Corporate Team includes lawyers who are qualified to act not only in Northern Ireland but also in transactions where British or Irish law applies.

Tughans’ lawyers have experience of working closely with major firms in the UK, Europe, Asia and the USA.

Services The team routinely works with large and small employers in both the public and private sectors on the full range of employment matters, both contentious and non-contentious.

Also available is advice on pension issues and mediation services.

Clients value the team’s ability to get to the underlying issue quickly, offer prompt advice and suggest practical solutions. A clear aim is to provide advice from the outset with the aim of preventing issues becoming contentious.

In non contentious matters the Employment Team provides a wide range of general advisory services, advising on recruitment and selection, fair employment monitoring obligations, drafting terms and conditions of employment (for all levels of employees up to senior executives and directors of companies), as well as drafting and amending employment policies and procedures to ensure that they are up to- date and in line with current legislation and best practice. The team’s lawyers are also experienced in advising on the management of grievances, disciplinary matters, allegations of bullying and harassment, in addition to advising on long term sickness absence.

The team regularly appears before the Industrial Tribunals and Fair

EMPLOYMENT

Anna Beggan Department Head

Tughans offers a full-service, multijurisdictional employment, pensions and mediation team, helping business clients to keep abreast of this rapidly changing, highly complex area of law. Headed by Anna Beggan, the Tughans Employment Team offer services that are tailored to the needs of business clients and works proactively with those clients to minimise the risks and maximise the benefits to business.

Tughans offers one of Northern Ireland’s largest dedicated

Legal Eye Profile

Employment Tribunal on behalf of clients, in a range of matters.

Tughans’ employment lawyers work closely with their corporate colleagues advising in relation to employment aspects of mergers, acquisitions, disposals and outsourcing, in addition to providing a comprehensive service in relation to warranties, indemnities, due diligence and TUPE issues in all sectors.

ENERGY

Andrew Ryan Department Head

Northern Ireland and the island of Ireland are at the forefront of many developments in energy markets, particularly for renewable energy, and the next decade will see further liberalisation of the market and the introduction of new technologies such as the smart grid.

Tughans’ dedicated energy team is actively involved in a diverse range of projects and has the breadth of experience to meet the varied demands of businesses operating in this rapidly evolving sector.

Tughans has developed the expertise to enable clients to take advantage of the opportunities that continue to arise.

The Energy Team draws on the experience of lawyers from across the firm to provide a seamless service for businesses operating within the energy sector. Lawyers advise on matters as diverse as mergers and acquisitions of energy businesses, the property, planning and environmental aspects of renewable energy developments, funding for energy projects, as well as intellectual property and contractual issues arising in the development of new technologies and processes. The team also advises on matters such as the regulatory aspects of energy supply and power purchase agreements for new generating capacity.

Services: • Energy Regulation • Renewable Energy and Infrastructure Development • Commercial Contracts and Intellectual Property • Mergers and Acquisitions/ Corporate.

Partners Andrew Ryan and JohnGeorge Willis lead the Energy Team. As head of the Environment and Planning Team, Andrew is widely recognised for his expertise in planning, environment and regulatory issues arising in energy projects, with a long trackrecord in renewable energy and

infrastructure development. JohnGeorge Willis is recognised for his experience at leading corporate teams in the firm on mergers and acquisitions and funding rounds for businesses within the energy sector ranging from cleantech startup companies to large utilities.

INSOLVENCY

Toby McMurray Department Head

The Insolvency Team has developed over the past 10 years into a focused and specialised unit, experienced in providing its core services to a full range of clients. With the breadth of experience in all required specialisms the team has the ability to meet and exceed the service requirements and expectations of banks, insolvency practitioners and both corporate and private businesses in the market place.

The changing economic climate has meant that Tughans lawyers are well placed to meet the needs and demands of the market place for insolvency and restructuring services. They have acted in many of the major insolvencies

in Northern Ireland including regularly advising appointed administrators such as KPMG, PriceWaterhouseCoopers and BDO. In addition to the widespread use of administration as a procedure for restructuring of both debt and a business, Tughans’ insolvency lawyers add value by their ability to prescribe and implement the entire range of enforcement and restructuring processes. The team is an authority in the process of receiverships as mechanisms increasingly used by lenders to realise or take control of assets over which it holds fixed security. More recently the team has been market leaders in the increasingly active area of asset tracing and has acted in each of the recent, reported, cases in this area. The team continues to expand its s kill set, cognisant of continual developments in legislation and case law ensuring that clients receive the highest standard of advice possible.

Services: • Restructuring/ Pre-Insolvency Advice • Formal Insolvency • Restructuring and Insolvency Litigation.

• Asset Tracing The depth and breadth of experience of the team, led by Toby McMurray, is unparalleled in the local marketplace.

For more information on Tughans visit www.tughans.com

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Focused on results

Banking

Insolvency

Commercial Litigation

Insurance Litigation

Construction

Private Client

Contracts & Technology

Procurement

Corporate

Public Sector

Employment

Real Estate

Energy

Sports Law & Management

Environment & Planning

Venture Capital & Funds

Healthcare

Innovative, independent and commercially aware, Tughans has long been acknowledged as one of the leading law firms in Northern Ireland.

Our lawyers, recognised for their expertise across many sectors of the law, deliver excellent client service combined with pragmatic business-led advice.

To find out more, call us today.

Tughans Solicitors. Marlborough House, 30 Victoria Street, Belfast BT1 3GG. Tel: 028 9055 3300 www.tughans.com

LEGAL 500 LEADING INDIVIDUALS This year’s Legal 500 identifies the leading individual lawyers across a range of specialist areas ranging from corporate to construction and from environment to private client. Here’s the 2012 honour roll of the top 54 individuals working in local law firms…

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Tom Adair† - Carson McDowell

Richard Fulton† - Mills Selig

Kieran McGarrigle - Arthur Cox

Banking and Finance

Corporate

Insolvency

Phyllis Agnew - Tughans

Catriona Gibson† - Arthur Cox

Gary McGhee† - Carson McDowell

Commercial Property

Dispute Resolution

Planning and Environment

Sam Beckett† - Pinsent Masons Belfast LLP

John Gordon - Napier and Sons

Sinead McGrath† - Pinsent Masons Belfast LLP

Construction; Dispute Resolution

Insolvency; Employment

Banking and Finance

Anna Beggan - Tughans

Richard Gray† - Pinsent Masons Belfast LLP

Andrea McIlroy-Rose† - Pinsent Masons Belfast LLP

Employment

Corporate

Construction

Alan Bissett† - Arthur Cox Corporate

Jeremy Hill† - Carson McDowell

Kevin McVeigh - Elliott Duffy Garrett

Project Finance and PPP

Commercial Property

Banking and Finance; Corporate

Karen Blair - Cleaver Fulton Rankin

James Houston - Cleaver Fulton Rankin

John Mills - Tughans

Environment and Planning

Commercial Property

Banking and Finance; Commercial Property

Neil Bleakley† - Carson McDowell

Ian Huddleston† - Pinsent Masons Belfast LLP

Michael Neill - A&L Goodbody Northern Ireland

Personal Tax, Trusts and Probate; Construction

Personal Tax, Trusts and Probate; Commercial Property

Insolvency

Adam Brett† - Pinsent Masons Belfast LLP

Michael Johnston† - Carson McDowell

Adrian O’Connell - Tughans

Employment

Corporate; Project Finance and PPP

IP and IT

Kathryn Collie - Cleaver Fulton Rankin

Beverley Jones - Jones Cassidy Jones Solicitors

Fearghal O’Loan - Tughans

Commercial Property

Employment

Banking and Finance

Ian Coulter - Tughans

Gareth Jones - C & H Jefferson

Orlagh O’Neill† - Carson McDowell

Corporate and Commercial

Dispute Resolution

Employment

Seán Craig† - Kennedys

John Kearns† - Mills Selig

Alastair Rankin - Cleaver Fulton Rankin

Dispute Resolution

Insolvency

Personal Tax, Trusts and Probate

Angus Creed - Arthur Cox

David Kirkpatrick† - Pinsent Masons Belfast LLP

Tracey Schofield - Tughans

Banking and Finance

Dispute Resolution

Commercial Property

Stephen Cross - Cleaver Fulton Rankin

David Leitch - Johns Elliot

Paul Spring† - Mills Selig

Banking and Finance; Corporate

Commercial Property

IP

William Cross - Cleaver Fulton Rankin

Declan Magee† - Carson McDowell

Alan Taylor† - Arthur Cox

Private Client

Dispute Resolution

Corporate and Commercial; IP

Adam Curry† - Mills Selig

Paul McBride† - Pinsent Masons Belfast LLP

Mark Tinman - C & H Jefferson

Dispute Resolution

Corporate; IP and IT

Commercial Property

Ross Davidson† - Arthur Cox

Avril McCammon† - John McKee & Son

Rowan White† - Arthur Cox

Construction

Banking and Finance

Commercial Property

Adrian Eakin† - Pinsent Masons Belfast LLP

Ian McCarter - Babington & Croasdaile

John-George Willis - Tughans

Project Finance and PPP

Dispute Resolution

Corporate and Commercial

Brendan Fox - A&L Goodbody Northern Ireland

Michael McCord - Tughans

Amanda Wylie† - Kennedys

Construction; Dispute Resolution; IP and IT

Construction; Dispute Resolution

Dispute Resolution

LEGAL 500 REGIONAL OVERVIEW Northern Ireland is a separate legal jurisdiction from the rest of the UK. It has 18 MPs in Westminster, and a devolved government within the UK, led by the Northern Ireland Executive and the 108-member Northern Ireland Assembly.

Regional Heavyweights A&L Goodbody Northern Ireland Arthur Cox Carson McDowell Cleaver Fulton Rankin Elliott Duffy Garrett Pinsent Masons Belfast LLP Tughans

N

orthern Ireland’s corporate finance market continues to prove challenging, with banks in distress and continuing to feel the cross-border effects of the National Asset Management Agency Act 2009; their reluctance to make traditional lending or undertake their former role as quasi-private equity lenders is hindering the development or expansion of local companies, and this

is having a knock-on effect on law firms.

Major corporate transactions predominantly involve foreign companies acquiring Northern Ireland companies and wind farm interests; the latter is a burgeoning area thanks to generous energy credits in renewables and the privatisation of wind assets by the Republic of Ireland. There has also been notable activity from US-based purchasers of local technology businesses, and the market is seeing some significant cross-border work in the telecoms sector.

The government is encouraging inward investment and local business initiatives, and is trying to develop a ‘knowledge economy’. For example, economic development agencies are creating IP competence centres based on the European G7 model, and it is expected that the number of these will increase. In the interim, with little fresh investment in IP, the market is increasingly protectionist, with companies becoming more willing to enforce their rights through litigation.

Similarly, though there are a number of IT projects being procured, tenders are not immune to challenges in the courts, and this has become a very litigious area.

Banks are also increasingly litigious, enforcing their security interests and insolvency processes. At the time of writing, the property teams at Bank of

Ireland and Bank of Scotland are running panels in this regard, as banks with Northern Ireland interests look to package up property debt to sell to institutional investors in an effort to recover losses.

The High Court has a significant backlog of cases, and the increasing propensity towards litigation together with a shortage of judges is causing delays and multiple adjournments in some matters. There are two imminent judicial appointments, with others rumoured. In the area of commercial litigation, there is increasing support for the use of ADR, particularly mediation.

Resonating across many practice areas covered in this chapter is the sinking of Seán Quinn, the former richest man in Northern Ireland, who has entered into voluntary bankruptcy with the Quinn Group of companies entering into a CVA and being restructured. Seán Quinn is represented by Napier and Sons, while other law firms involved include Tughans, which has been representing Irish Bank Resolution Corporation in related litigation; A&L Goodbody Northern Ireland, which drafted the CVA for Quinn Group and is representing it in various other matters; Arthur Cox, which is acting for Barclays Bank as agent for a syndicate of banks in connection with the Quinn Group restructuring; Cleaver Fulton Rankin, which is advising Invest NI in relation to the administration of Quinn Insurance Limited; and Carson McDowell, which is acting for the administrator of Quinn Insurance Limited in relation to the separation and sale of the Slieve Rushen wind farm.

April 2012 marked the centenary of the maiden voyage and sinking of the RMS Titanic. There have been a number of related transactions, initiatives, and investments in the Titanic Quarter and Titanic Signature Project, and the tourism focus looks set to provide a much-needed boost to the province’s economy.

In terms of cross-border capabilities among the regional heavyweights, A&L Goodbody Northern Ireland and Arthur Cox, who also have offices in the US, trade on an ‘all-island’ offering, while Carson McDowell, Cleaver Fulton Rankin, and Tughans maintain strategic alliances with Dublin-based firms: Mason Hayes & Curran, Matheson Ormsby Prentice, and William Fry respectively.

McGrigors LLP, including its Belfast office, merged with Pinsent Masons LLP in May 2012, marking the latter firm’s first foray into the Northern Ireland market.

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LEGAL 500 CORPORATE AND COMMERCIAL Corporate and M&A

1

A&L Goodbody Northern Ireland Arthur Cox Carson McDowell Pinsent Masons Belfast LLP Tughans

2

Cleaver Fulton Rankin

3

C & H Jefferson

Mills Selig

Elliott Duffy Garrett Johnsons Solicitors

4

John McKee & Son Millar McCall Wylie O’Reilly Stewart Solicitors

T

he ‘exceptional’ team at A&L Goodbody Northern Ireland ‘knows what it is doing’, and is ‘on top of the game’, providing specialist advice with deep business acumen. ‘Excellent’ practice head Mark Thompson has ‘outstanding, down-to-earth communication skills, and a common-sense, commercially focused approach’. It advises Invest NI on corporate and commercial matters; and also advised Clarendon Fund Managers Limited in its negotiations with Invest NI on the establishment of Co-Fund NI, a new co-investment fund.

Peter Stafford is widely recognised and respected within the local business community, and is ‘a high-quality lawyer with a quiet, reassuring approach that gives clients confidence’. Partner Alastair Keith joined from Arthur Cox, and is ‘very knowledgeable and personable, with unswerving dedication to getting something over the line’.

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Arthur Cox’s team is a leading force in the market, and ‘alive to the wider issues’, with ‘very in-depth knowledge’.

It advised Dunbia on the sale of the entire issued share capital of Maganey Industries (NI) Limited; and TPH (UK) Limited on its acquisition of a controlling interest in Body Temple Limited. Practice head Alan Bissett† is ‘very good to deal with, and goes the extra mile’; Lynsey Mallon is ‘highly responsive and strong both technically and practically’; and Alan Taylor† ‘gets the deal done’.

Carson McDowell acted for the shareholders of Singularity Limited in the company’s $48m sale to Kofax plc, which also involved the sale of an Indian subsidiary. Neasa Quigley† has been promoted to co-head the corporate finance team with Michael Johnston†, who is recommended along with Dawn McKnight†. David Jamison has retired.

The team at Pinsent Masons Belfast LLP is highlighted for its ‘high levels of service co-ordination and effectiveness’.

It acted as lead legal adviser for the shareholders of a Northern Ireland based global email company on its disposal to US-based Concentrix Group.

Practice heads Paul McBride† and Richard Gray† are recommended.

‘Quality firm’ Tughans recently advised the shareholders of Londonbased Newfield Technology Limited on its disposal to US-based Xerox.

Recommended individuals include practice head John-George Willis, managing partner Ian Coulter, Vicky Dummigan and James Donnelly.

Instructing Cleaver Fulton Rankin brings an ‘instant advantage’. The firm advised the Halo business angel programme operated by Northern Ireland Science Park on the structuring and promotion of its 2010/12 EIS fund. The straight-talking Scott Kennedy is able to ‘see through the options and point a clear path’.

The ‘solid’ team at Mills Selig has ‘deep legal and commercial understanding’.

It advised DCC Energy at all stages of its acquisition of major competitor Maxol. Practice head Richard Fulton† is recommended, and Chris Guy† ‘heads the pack of Belfast’s next generation of corporate lawyers’.

C & H Jefferson advises on the gamut of corporate matters, including M&A deals and business start-ups.

Bombardier Shorts Inc and Harland and Wolff are longstanding clients.

Ken Rutherford is the name to note.

Elliott Duffy Garrett provides corporate and commercial advice to domestic and foreign clients.

Kevin McVeigh is recommended.

Johnsons Solicitors advised Isaac Agnew Group on the sale of group companies to Synter Group. A number of its key team members, including practice head John McMahon†, are qualified in multiple jurisdictions, enhancing its abilities on cross-border deals.

Julie Huddleston† heads the team at John McKee & Son, whose recent work includes advising on demergers of family-owned businesses. Clients include cold storage and haulage companies, and several retail supermarkets.

Millar McCall Wylie provides ‘practical, innovative advice and adds real value during a transaction’. It is instructed

by Northern Ireland Screen regarding funding for new projects, recently advising on productions by Universal Pictures and HBO. Damian McParland has a ‘hands-on’ approach, and is lauded for the interplay of his corporate and insolvency expertise. He and Abbie Long are ‘friendly, approachable, and extremely knowledgeable’.

Linus Murray heads the commercial department at O’Reilly Stewart Solicitors, which also advises on corporate matters, with a focus on M&A.

LEGAL 500 DISPUTE RESOLUTION Dispute Resolution

1

A&L Goodbody Northern Ireland Arthur Cox Carson McDowell Cleaver Fulton Rankin Kennedys Pinsent Masons Belfast LLP Tughans

2

C & H Jefferson Elliott Duffy Garrett Johnsons Solicitors Mills Selig

3

Babington & Croasdaile John McKee & Son Johns Elliot McCartan Turkington Breen McIldowies Solicitors Napier and Sons O’Reilly Stewart Solicitors Thompsons McClure

T

he ‘excellent’ A&L Goodbody Northern Ireland team provides a ‘top service’ to its corporate clients in the area of dispute resolution. It has recently been representing a number of banks in claims alleging negligent advice from solicitors and valuers. New client wins include Vodafone and Northern Ireland Water. Team head Brendan Fox and Michael Neill are recommended.

Arthur Cox is acting for Irish Bank Resolution Corporation as both claimant and defendant in ten separate actions involving various allegations in relation to Peter Curistan and his companies connected to the Odyssey Pavilion. The well-respected Catriona Gibson† heads the team, and associate Ruth Glenn is also recommended.

Carson McDowell is acting for BE Aerospace in a gain share agreement dispute, and F P McCann in a procurement contract challenge. It also acted for Independent News & Media Group in two privacy matters that went to the Court of Appeal. Joint practice heads Declan Magee† and Roger McMillan† are ‘very attentive and proactive’, and Stuart Murphy† is also recommended.

The ‘very good’ team at Cleaver Fulton Rankin advises on a wide range of public and private sector matters. Recommended practice head Patrick Fleming is advising HSBC on enforcement of security together

with related professional negligence claims. Jonathan Forrester is defending 11 charities against a proprietary estoppel claim. Up-and-coming solicitor Fergal Maguire is ‘professional, with a quick turnaround and comprehensive advice’.

Kennedys is advising a California-based company in a contract dispute as well as a defamation action; and Tayto Group in a tort claim for damages resulting from a fire. Practice head Seán Craig† and Amanda Wylie† are recommended.

The team at Pinsent Masons Belfast LLP has a chancery and commercial focus. It represented Irish Bank Resolution Corporation in its successful counterclaim against a borrower challenging the validity of security and personal guarantees. Practice head Sam Beckett† and David Kirkpatrick† are highly recommended, as is Laura Gillespie, who has recently been appointed director.

Tughans’ expansive litigation department is split into three teams. Kathy McGillie heads the renowned insurance litigation team, which mainly advises defendant insurers but also acts for other defenceside companies. Michael McCord heads the commercial litigation side, which is representing Northern Ireland Housing Association in a dispute with Lincoln Centre Belfast, and is also representing Irish Bank Resolution Corporation in litigation arising from the Quinn Group insolvency. The professional regulatory arm is headed up by Andrew Anthony, and also advises on malpractice and clinical crime claims. Toby McMurray and recently promoted associate director Barbara Creed are also recommended.

C & H Jefferson acts for domestic and foreign defendant insurance companies in personal injury claims, including employers’ liability and industrial disease cases. Recommended partner Gareth Jones heads the team, and also handles commercial litigation.

Elliott Duffy Garrett acts in both commercial litigation and individual disputes, with experience in product liability, personal injury, construction, insolvency, professional negligence, and defamation. Media expert Brian Deeny heads the department.

Johnsons Solicitors represents major national and international insurance companies, and is able to handle Republic of Ireland and UK claims. A niche area for the practice is acting for large private sector employers in liability claims, and it also undertakes professional indemnity matters.

Paul Tweed† is highly recommended

for claimant-side defamation work.

The ‘strong, highly skilled’ team at Mills Selig provides an ‘excellent level of service, gives detailed, appropriate advice, and is growing its reputation for success’. The practice focuses on commercial disputes, including injunction work. It is acting for the Law Society of Northern Ireland in obtaining various freezing orders.

Practice head Adam Curry† has ‘obvious, impressive integrity and expertise’.

Associate Richard Craig provides ‘clear explanations of complex legal issues, with an in-depth knowledge of legal process’.

Londonderry-based Babington & Croasdaile advises claimants and defendants in personal injury and negligence matters, as well as contract and other disputes. Ian McCarter and Killian Conwell are recommended.

John McKee & Son has expertise in acting for defendant insurers in high-value and catastrophic personal injury claims, represents claimants in professional negligence actions, and advises in contract disputes. Leonard Edgar† and Chris Ross† are the key contacts.

Johns Elliot handles commercial and general litigation. Specialisms include defamation, veterinary and medical negligence, and air law. Ronnie Robinson heads the practice.

At McCartan Turkington Breen, Viv Harty† leads on personal injury cases, including asbestos and criminal injury claims, as well as commercial litigation. Ernie Talford is the key contact for medical and professional negligence claims and defamation actions.

McIldowies Solicitors ‘punches above its weight’ in personal injury and construction cases. Nigel Brown is recommended.

Napier and Sons has a broad client base and acts for claimants and defendants across a wide range of liability claims and contract disputes, as well as handling judicial reviews and injunctions.

Joseph Napier is the name to note.

O’Reilly Stewart Solicitors acts across a spectrum of dispute resolution matters, from general tort to corporate manslaughter cases. It continues to develop its judicial review practice. James Turner and associate Clare Templeton are recommended.

Leading union firm Thompsons McClure represents individuals in work-related personal injury claims, and also advises trade unions in employment disputes. The ‘efficient, courteous, and professional’ team is led by Oonagh McClure, and Denise Strahan, who specialises in industrial disease matters, is also recommended.

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LEGAL 500 BANKING & FINANCE Banking & Finance

1

A&L Goodbody Northern Ireland Arthur Cox John McKee & Son

2

Carson McDowell Pinsent Masons Belfast LLP Tughans

3

C & H Jefferson Cleaver Fulton Rankin Elliott Duffy Garrett

A

&L Goodbody Northern Ireland is a noted ‘one-stop shop’ for banking matters. The team advised Northern Bank in relation to its first use of a low market association form in the refinancing of non-distressed Almac Group’s worldwide facilities from Bank of America. Louise Bailey provides ‘a sense of commercial reality to deal structures, and innovative solutions’. Judith Brown is able to offer ‘practical and realistic solutions, and clearly communicates potential risks’. ‘Technically excellent’ insolvency expert Michael Neill provides ‘sensible, commercial advice with a collaborative approach’. Partner Ciaran McAlinney is also recommended.

Arthur Cox is valued for its ‘excellent, timely

advice’. It is acting for Goldman Sachs as lead structuring agent and joint lead arranger in a £685m securitisation transaction for Tesco, while other recent clients include Dunbia Group and Lloyds Banking Group. Head of finance Kieran McGarrigle and head of banking Angus Creed are recommended. Head of dispute resolution Catriona Gibson† is the key contact for financial services litigation.

John McKee & Son has acted for Northern Bank and Santander in refinancing matters, and Ulster Bank and First Trust regarding secured lending transactions. It is also active in banking litigation matters, acting for claimants and guarantors. Avril McCammon† is an ‘excellent banking lawyer’.

Carson McDowell’s ‘proactive’ team is advising NAMA on existing security relating to loans and assets acquired under the National Asset Management Agency Act 2009, including deposits held in trust by Northern Ireland banks. Practice head Tom Adair† and associates Graeme McKee and David McAleese† are ‘very personable and good to deal with’.

The team at Pinsent Masons Belfast LLP has seen an increase in borrower-side work, and is active in energy-related matters. Other recent work includes advising the Bank of England regarding the inclusion of Northern Ireland assets in the Sterling Monetary Framework Discount Window Facility Scheme. Sinead McGrath† heads the team.

Team head Fearghal O’Loan and Deborah Archer

are recommended at Tughans. Archer is leading advice to the Department of Enterprise, Trade and Investment on a range of matters relating to the administration of Presbyterian Mutual Society, involving a total rescue fund of £225m.

The highly regarded team at C & H Jefferson recently acted for several banks regarding the Northern Ireland security aspects of shopping centre transactions in England and Scotland, some involving Jersey Trust schemes. Ken Rutherford is recommended.

Cleaver Fulton Rankin is acting for HSBC in relation to its first entry into the Northern Ireland renewables market, advising on the credit approval process and financing of a 400KW anaerobic digestion and CHP plant for Greenville Energy Limited. Team head Stephen Cross and senior associate John Kirk are recommended.

Elliott Duffy Garrett advises domestic and foreign clients on lending, regulatory, venture capital, and inward investment matters. Kevin McVeigh is recommended.

Millar McCall Wylie is noted for its ‘high-quality advice and service’, and is instructed by banks and private individuals in relation to security matters. Clients include Irish Banking Resolution Corporation Limited, Bank of Ireland, Bank of Scotland (Ireland) Limited, and Clydesdale Bank. Simon Fleming, Andrew Kerr, and Damian McParland provide ‘clear, timely advice’, and new addition Abbie Long is ‘excellent’.

TMT (TECHNOLOGY, MEDIA AND TELECOMS) IT and telecoms

1

Arthur Cox Cleaver Fulton Rankin Pinsent Masons Belfast LLP Tughans

2 3

A&L Goodbody Northern Ireland Carson McDowell Elliott Duffy Garrett

A

rthur Cox has recently been appointed by the Department of Enterprise, Trade and Investment to advise on its remote broadband services project. It is also advising the Western Education and Library Board on the procurement of the C2K project, which aims to provide up-to-date ICT infrastructure and connectivity to over 1,200 schools; and advised the Department for Social Development on the IT aspects of its medical support services outsourcing project. Peter

32

Curran† and Alan Taylor† are recommended.

Cleaver Fulton Rankin is advising InPlay TV Limited, Cobain Limited and WatchandTrade Limited on licensing agreements; and is advising Unity Grids in relation to its smart metering technology. Other clients include Invest NI, O2, and Arqiva. Team head Scott Kennedy is recommended. Jennifer Ebbage has left the firm.

Recent work for the team at Pinsent Masons Belfast LLP includes advising the Northern Ireland Transport Holding Company on EU regulations regarding the release of technical information to apps developers to allow realtime access to transportation information; advising Global Email Company Limited on the IT aspects of its sale; and acting for the London Borough of Croydon on software procurement matters. Team head Paul McBride† and senior associate Thomas Dickson are recommended.

The well-regarded Adrian O’Connell heads Tughans’ team. It advised Intelesens Limited on technology ownership, a strategic supplier alliance agreement to form a new licence, and a supply and distribution agreement in relation to an

investment by a US-based company. It also advised Automated Intelligence Limited on a service agreement relating to software development and licensing with Fujitsu; and is advising Export Technologies on the renewal of a platform licence.

A&L Goodbody Northern Ireland provides ‘clear, informative, and timely’ advice. It is advising on the grant of software distribution rights with provision for ‘white-label’ reselling, licensing and suspended licences in telecoms transport systems; and advised Iconi Software on IT issues in a deal to develop and deliver a web-based customer management system. Team head Brendan Fox and senior associate Ivan Waide are recommended.

Carson McDowell advises on IT issues in the context of M&A and commercial transactions. It advised NuLogic Software Limited on licensing matters, and is advising Schrader Electronics in relation to the BT virtualisation project.

Dawn McKnight† is the name to note.

Elliott Duffy Garrett advises its corporate client base on data protection, e-commerce, and technology issues.

Kevin McVeigh is recommended.

LEGAL 500 INSOLVENCY Insolvency

1

A&L Goodbody Northern Ireland

2

Cleaver Fulton Rankin

Arthur Cox

Napier and Sons Pinsent Masons Belfast LLP Tughans

3

C & H Jefferson Carson McDowell Elliott Duffy Garrett John McKee & Son Millar McCall Wylie Mills Selig

A

&L Goodbody Northern Ireland advises on complex contentious and non-contentious matters, including corporate restructurings.

Michael Neill is ‘a clear leader in the field’, and recently drafted the approved company-led restructuring CVA for Quinn Group Limited. The team is also advising PwC as administrators in the watershed administration of Taggart Group, and advised Northern Bank Limited as lead creditor in the contested administration of Assetco plc.

Arthur Cox’s team combines ‘strong technical ability with commercial acumen to deliver a very good service’.

It is acting for the administrators and joint supervisors in the insolvency of Presbyterian Mutual Society, the first lending institution in Northern Ireland to be placed into administration. It is also acting for Barclays Bank as agent for a syndicate of banks in connection with the restructuring of Quinn Group, and acts extensively for Deloitte and KPMG. Practice head Kieran McGarrigle is ‘one of the top insolvency lawyers in Northern Ireland’, combining commercial know-how and attention to detail.

Jeanette Donohoe heads the team at Cleaver Fulton Rankin, which is advising Invest NI in relation to its secured and unsecured position in the administration of Quinn Insurance Limited, and also Grant Thornton as administrators of the company regarding a debt of PT McWilliams Limited. Other clients include HSBC and Apollo Management International.

Napier and Sons is the top choice for personal insolvencies, and is currently

acting in a number of high-profile matters. ‘Well-regarded’ managing partner John Gordon is representing Seán Quinn in bankruptcy, and senior partner Brigid Napier is also recommended. Both she and Gordon are licensed insolvency practitioners.

Pinsent Masons Belfast LLP has a very broad practice led by Sinead McGrath†. The team is advising Keenan Corporate Finance on the appointment of a fixed-charge receiver and the disposal of properties in Northern Ireland held by Jermon Group companies. It also advised the Financial Services Authority on securing the appointment of a provisional liquidator of ETIC Solutions Limited, the first order of its kind in Northern Ireland.

Tughans acts in contentious and non-contentious insolvency matters.

It advised Irish Bank Resolution Corporation in successfully challenging the bankruptcy order made against Seán Quinn in Northern Ireland on the basis that the Republic of Ireland had proper jurisdiction, and obtained freezing orders against Demense Investments Limited in Ukraine, Belize, and the BVI to preserve Quinn Group assets. Practice head Toby McMurray is recommended.

C & H Jefferson advises many insolvency practitioners on corporate and individual voluntary arrangements as well as bankruptcies, including challenging antecedent transactions. Ciara McCloskey and Ken Rutherford are the key contacts.

Carson McDowell’s team has seen something of a shake-up, but recently appointed practice head David

McAleese† is a ‘very capable lawyer, who will no doubt grow the team to a very high standard’. He is advising NAMA, Irish Bank Resolution Corporation, and RMS McClure Watters in relation to the receivership of the Thompson portfolio of 30 properties; and NAMA in relation to the bankruptcy of Samuel Thompson and business partners.

Licensed insolvency practitioner Michael Wilson is the key contact in Elliott Duffy Garrett’s insolvency practice, which advises on business recovery and insolvency as part of its corporate and commercial work.

John McKee & Son advises on secured and unsecured debt recovery for banks, finance houses, and businesses, including bank-led insolvency matters.

It acts extensively for Ulster Bank.

Julie Huddleston† heads the team.

Millar McCall Wylie recently represented Gregg Sterritt in his appointment as receiver and all post-appointment issues relating to a portfolio of 30 properties transferred to NAMA. Andrew Kerr and Simon Fleming are ‘diligent, knowledgeable and pragmatic’.

Mills Selig acted for BI Electrical Services (NI) Limited as the buyer of certain business and assets of Bel-Air Refrigeration Limited (in administration); and for Alison Burnside of FPM Chartered Accountants as liquidator in the sale of certain business and assets. Clients note practice head John Kearns†’ experience and ability to get to the core issues. Ciara Lagan provides ‘exceptional’ advice on sales and purchases of distressed property.

33

LEGAL 500 HUMAN RESOURCES Employment

1

A&L Goodbody Northern Ireland Carson McDowell Pinsent Masons Belfast LLP Tughans

2

Arthur Cox Cleaver Fulton Rankin Elliott Duffy Garrett Jones Cassidy Jones Solicitors

3

Mills Selig Napier and Sons Rosemary Connolly Solicitors Thompsons McClure

T

he ‘excellent’ team at A&L Goodbody Northern Ireland is ‘commercially aware and gets the “total picture”’. It is representing Willis Group Limited in relation to suspected breaches of a senior executive’s restrictive covenants, and the Quinn Group on various matters. Practice head Gareth Walls has ‘expert knowledge balanced with a practical, commercial approach’, and is currently representing Combined Insurance Company of America in defending eight related employee claims with multi-jurisdictional implications.

Carson McDowell provides ‘an excellent level of service, giving high-quality advice’.

It is advising US companies Xilinx and CVS Caremark on employment issues relating to

their respective acquisitions, and is also advising Royal Mail. Practice head Orlagh O’Neill† is ‘outstanding, with real tenacity’, and associate Rachel Penny brings ‘insight and extensive knowledge’ to the table for commercial clients.

The team at Pinsent Masons Belfast LLP delivers an ‘impressive’ service. It advised Queen’s University Belfast regarding behavioural allegations by an employee with mental health issues, including securing an injunction; and acted for a consortium of housing associations on TUPE matters. Team head Adam Brett† is an expert in the field and provides ‘measured, timely advice’.

The highly regarded practice at Tughans advises large-scale employers across the gamut of contentious and non-contentious matters. Anna Beggan and Ciara Fulton are recommended.

Arthur Cox’s ‘very good’ team had a number of significant new client wins, including the Office of the Police Ombudsman, University of Ulster, and The Utility Regulator. It is advising key client Dunbia on multiple claims, and Echo Managed Services Limited on redundancy exercises and ‘bumping’. Rosemary Lundy† is recommended.

Associate Emma-Jane Flannery is ‘pragmatic and extremely knowledgeable, with a personal touch’. Patricia Rooney has left the firm.

Cleaver Fulton Rankin successfully defended a large public body in a whistleblowing claim. It is also advising a private sector employer regarding breach of restrictive covenants, and a large professional body on disciplinary processes for a senior executive. Director Michael Black and

associate Aisling Byrne are ‘excellent’.

The ‘experienced, superior’ team at Elliott Duffy Garrett advises corporate clients on all aspects of employment law. Practice head Adrienne Brock is recommended.

Jones Cassidy Jones Solicitors is a niche employment law firm with a focus on litigation involving public and private sector clients. Fiona Cassidy and Beverly Jones have previously served as regulators, and are both recommended.

Mills Selig provides a highly rated service. It advised buyer DCC Energy in a CHIP acquisition, and O’Kane Poultry in a multi-claimant dispute, securing a 100% ‘Polkey reduction’. ‘Knowledgeable’ practice head Kiera Lee† is recommended.

Napier and Sons advises on contentious and non-contentious employment issues, including workplace and industrial relations and redundancies resulting from corporate restructuring or insolvency. John Gordon and Lisa Sturgeon head the practice.

Rosemary Connolly Solicitors is well regarded for claimant work, and also represents public bodies. Rosemary Connolly is recommended.

Thompsons McClure is the main unionside firm in Northern Ireland. It successfully represented members of the Irish Bank Officials Association in the first-ever claim brought before the employment tribunal seeking compensation for an inducement relating to collective bargaining; and is representing the claimant in McNally v NI Fire & Rescue Service in the Court of Appeal. John O’Neill is the name to note.

with a broad knowledge of the law, and provides ‘first-class’ advice.

Cleaver Fulton Rankin advises on complex trust and estate matters, including insolvent estates, charitable trusts, and tax issues.

Alastair Rankin and Michael Graham are recommended, and William Cross is noted for matrimonial and children matters, including international child abduction work.

Pinsent Masons Belfast LLP’s private wealth team advises in conjunction with the firm’s tax team, and specialises in strategic asset protection as well as the administration of estates. It has recently been active advising clients from the Far East, Russia and Ukraine. Ian Huddleston† and senior associate Deborah Ward are recommended.

Tughans advises on a breadth of trusts, estates, and probate matters,

including inheritance tax and matters involving the Office of Care and Protection. It recently advised in relation to a multimillion-pound estate where the deceased’s body had not been recovered. Brid McColgan heads the team.

Led by Gerard Small†, John McKee & Son’s private client team has experience across property matters, controllerships, elderly issues, and enduring powers of attorney.

Millar McCall Wylie is advising on a probate matter involving a deed of variation the validity of which is being questioned by HMRC; and is also advising on a foreign double-taxation issue. ‘Astute, empathetic’ practice head Conor Wylie is a chartered tax adviser, and an ‘oracle’ in tax, estate, trust and probate matters.

PRIVATE CLIENT Personal Tax, Trusts & Probate

1

Carson McDowell Cleaver Fulton Rankin Pinsent Masons Belfast LLP Tughans

2

John McKee & Son Millar McCall Wylie

C

arson McDowell’s ‘excellent’ team advises on complex estate administration matters with international elements, and tax relief matters. It also advises on trusts, and is growing its offering in the mental capacity area. Neil Bleakley† is ‘meticulous’,

34

LEGAL 500 INTELLECTUAL PROPERTY Intellectual Property

1

A&L Goodbody Northern Ireland Carson McDowell Pinsent Masons Belfast LLP Tughans

2

Arthur Cox

3

Elliott Duffy Garrett

Cleaver Fulton Rankin

Mills Selig

A

&L Goodbody Northern Ireland’s team is ‘hardworking, honest, and good value for money’, and advises on contentious and non-contentious IP matters.

It recently advised Iconi Software on IP issues arising out of its deal with a London-based company to deliver and develop a web-based customer management system. New client wins include Omnisoft, and Sentel Independent. Mark Thompson

is ‘very commercially minded’.

Brendan Fox heads the team.

Carson McDowell’s team continues to advise Innovation Ulster on IP matters relating to several spin-out companies, including advising Performa Sports Limited on the development of Apple and Android compatible gaming apps. Dawn McKnight† is recommended for contentious work, while Declan Magee† is recommended on the non-contentious side.

Recent work for the team at Pinsent Masons Belfast LLP includes advising Chain Reaction Cycles Limited on IP matters; advising QUBIS Limited on the gamut of IP issues arising out of spin-out companies; and providing international advice in IP litigation over misappropriated design rights. It was recently appointed sole legal adviser for the University of Belfast. Senior associate Thomas Dickson is recommended.

Tughans is advising Sliderobes Group on the ongoing protection and management of its trade mark portfolio, including handling multiple trade mark infringement claims.

It is also advising Aston Martin on the

worldwide licensing of its brand for use with golf equipment and accessories. New client wins include Diageo, Translink, and Invest NI. Adrian O’Connell is recommended.

Arthur Cox’s IP team provides an ‘overall excellent level of service’ with ‘superb response times’. It is advising new client BMW on trade mark breaches and counterfeit products, and Innovation Ulster Limited on its IP arrangements in the angel/VC/ investment area. Practice head Alan Taylor† is a ‘go-to’ person for complex matters.

Cleaver Fulton Rankin continues to provide advice on a broad range of issues to Takker Limited. Other clients include NISP, Bryson Recycling Limited, Caterwaste Services Limited, and Dumbworld Productions. Practice head Scott Kennedy is recommended.

At Elliott Duffy Garrett, Kevin McVeigh and Michael Wilson advise on a variety of IP matters.

At Mills Selig, Paul Spring† handles IP disputes as part of his formidable media law practice, including patent and copyright infringement cases. He is also instructed by Hiscox on TMT matters.

PROJECTS, ENERGY AND NATURAL RESOURCES Project Finance & PFI

1

Arthur Cox

2

A&L Goodbody Northern Ireland

3

Cleaver Fulton Rankin

Pinsent Masons Belfast LLP

Carson McDowell

Tughans

T

he Arthur Cox team has been exceptionally busy with both public and private procurement work. It continues to advise on the two largest ongoing PFI/PPP projects in Northern Ireland (arc21 and SwaMP2008), which are expected to close in 2012. It is also advising the Department of Enterprise, Trade and Investment on the regulation of gas storage projects in underground salt caverns and related mineral licensing. Peter Curran† heads the procurement/PFI/PPP team, and is recommended together with Alan Bissett†, who heads the project finance and energy teams.

Pinsent Masons Belfast LLP’s team has ‘excellent’ industry knowledge, and is noted for its commercial awareness. It is advising Biffa Waste Services Limited and E.ON Energy

from Waste UK Limited, and Bilfinger Berger and Graham Project Investments on respective PPP projects. It is also advising B9 Energy on matters including several wind projects.

Recently promoted to director, Richard Murphy heads the energy and natural resources practice, and provides ‘comprehensive, reliable, and timely’ advice. Adrian Eakin† heads the finance and projects department, and is also recommended, together with Stuart Cairns†, who is now a partner.

A&L Goodbody Northern Ireland has a ‘solid’ projects and energy practice, and is noted for its collaborative approach with clients. It acted as local counsel to Barclays Corporate on the refinancing and licensing of the Kilroot Power Station, including advising on EU directives on industrial emissions. It is also advising the Irish Football Association on the redevelopment of Windsor Park, and advised Mutual Energy on its maintenance and emergency response contract for the Scotland/Northern Ireland pipeline. Kevin Feeney heads the project finance practice, while Mark Thompson leads on the energy and natural resources side.

Carson McDowell provides ‘prompt, appropriate, commercial’ advice. It is acting for the administrator of Quinn Insurance in separating the operational wind farm Slieve Rushen from the assets of the Quinn

Group and in the sale of the same; and Infinis plc in the acquisition of onshore wind farm Slieve Divena from SSE Renewables Limited. It is also advising Energos on a PPP project, and Northern Ireland Electricity on its interconnector project with the Republic of Ireland. Neasa Quigley† heads the corporate department and energy team. Project finance and PPP head Michael Johnston† and Gary McGhee†, who leads on planning matters, are also recommended.

Senior associate Gerard Armstrong is ‘savvy, commercially aware, and always on the ball’.

At Cleaver Fulton Rankin, Patrick Fleming heads the projects team, which is advising Castlereagh Borough Council on the publicly funded refurbishment of Dundonald International Ice Bowl, and Harcourt Construction (NI) Limited in relation to the Titanic Signature Project.

Energy and natural resources head Stephen Cross recently advised HSBC in relation to an anaerobic digestion and CHP plant.

Tughans is advising Granville Ecopark Limited on funding an anaerobic digestion plant, and RBS on the financing of the acquisition of Slieve Devina wind farm

by Infinis plc. John-George Willis heads the projects team and is recommended, as is energy lawyer Andrew Ryan.

35

LEGAL 500 REAL ESTATE Commercial Property

1

Arthur Cox Carson McDowell Cleaver Fulton Rankin Pinsent Masons Belfast LLP Tughans

2

A&L Goodbody Northern Ireland C & H Jefferson Millar McCall Wylie

3

Elliott Duffy Garrett John McKee & Son Johns Elliot McCartan Turkington Breen Mills Selig

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he highly rated team at Arthur Cox is always ‘available and efficient, and understands client needs’. It is advising Sport NI on the redevelopment of three stadiums; Northern Ireland Housing Association on a pilot stock transfer to Creggan (Rinmore); and University of Ulster on the redevelopment of its old campus. Practice head Rowan White† and Alastair Todd† are recommended, as is Ross Davidson†, who has ‘a friendly approach, always meets client demands, and provides an excellent service’.

Carson McDowell’s team has ‘in-depth knowledge of the legislation combined with a commercial approach’. Its recent work includes advising Belfast Harbour Commissioners on the Dong Energy offshore wind farm project; Synter Group on the property aspects of its acquisition of the Agnew Motor Group; and Virgin Active on the Northern Ireland property aspects of its acquisition of the Esporta portfolio. Jeremy Hill† heads the team, and Rosemary Carson† has ‘detailed knowledge of the law and excellent communication skills coupled with the ability to cut through the legal jargon’.

The well-regarded James Houston heads Cleaver Fulton Rankin’s team, which advised Titanic Quarter Limited in relation to the Titanic Signature Building, and is advising the client on its development at Queen’s Island and proposed film studios at Titanic Quarter. It also recently acted for Northern Ireland Science Park Property Limited in the sale and leaseback of Concourse II to the Belfast Harbour Commissioners.

Director Kathryn Collie is recommended.

Pinsent Masons Belfast LLP’s team is headed by the well-respected Ian Huddleston†, and primarily acts for private and institutional

36

investors. It is advising Invest NI on property investment in the Titanic Quarter; a national bank on the restructuring of its property portfolio; and the Department for Social Development on regeneration initiatives across a number of sites.

Tughans has a ‘smashing’ practice, advising on development, finance, asset management, and distressed property matters. It is advising Tesco Stores Limited on the sale of commercial mortgage backed securities supported by rental income, and on the acquisition and development of a retail park.

Other clients include Deloitte, KPMG, and PBN Holdings. Practice head Phyllis Agnew, Tracey Schofield, and John Mills are recommended.

The ‘excellent’ team at A&L Goodbody Northern Ireland provides ‘solid, expeditious advice at dependable rates’. Recent work includes representing the Irish Football Association in the redevelopment of Windsor Park, and CBRE Global Investors Limited on its purchase and management of a mixeduse building. Partner and team head Mark Blair is ‘very clear and concise, and able to put things in layman’s terms’, and offers ‘sensible solutions to a variety of legal issues’. Associate Judith Corbett joined from McGrigors Belfast LLP, and is ‘diligent and accessible, with detailed property knowledge’.

The well-regarded team at C & H Jefferson is led by the ‘brilliant’ Mark Tinman, who acts for a large number of retailers in the acquisition and disposal of property as well as for property developers and banks.

Julie Galbraith focuses on landlord and tenant issues, including retail development matters, and is also recommended.

Millar McCall Wylie’s team is ‘impressive’, with ‘sound knowledge and experience’. It

acted for Primacure (NI) on the acquisition of numerous project sites. It is advising Henderson (UK) Property Fund on the sale of commercial investment property and NFU Mutual Insurance Society on all new countrywide lettings. Conor Wylie provides ‘excellent timely, succinct and relevant advice’. Peter McCall and Andrew Kerr are ‘commercial in their approach’ and ‘consistently practical, effective, and efficient’.

Elliott Duffy Garrett acts for major property developers, retailers, funders, and private and institutional investors, across the gamut of commercial property matters. Leo Brown leads the team.

John McKee & Son’s practice spans landlord and tenant issues, site acquisitions, and development work. The firm advises a number of UK and Republic of Ireland banks on secured property lending. Other clients include DHL/Exel and Pickfords. Gerard Small† heads the team.

The well-respected team at Johns Elliot undertakes ‘very good’ work for private and institutional clients. Commercial property development and conveyancing are key areas of focus areas for the firm, and it also advises on landlord and tenant issues. Steven Cockcroft, Richard Dickson and David Leitch are recommended.

McCartan Turkington Breen acts for property developers, retailers, funders, private and institutional investors, landlords and tenants. It recently advised an Australia-based investor on the acquisition of factory premises in Lisburn.

Mills Selig is noted for its understanding of the industry and ability to protect clients’ interests. It acts for developers and harbour authorities, and has significant experience in lettings. Clients include Murdoch Property Group, Bow Street Mall Limited, and Homebase. Bill McCann† heads the practice.

LEGAL 500 CONSTRUCTION Construction

1

A&L Goodbody Northern Ireland Arthur Cox Carson McDowell Cleaver Fulton Rankin Pinsent Masons Belfast LLP

2

McIldowies Solicitors Tughans

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&L Goodbody Northern Ireland’s construction team acts in mediation and litigation, as well as handling non-contentious matters.

New clients include the Irish Football Association, Northern Ireland Water, and Accord Maintenance Procurement Group; the firm has been advising the latter, a group of five housing associations, on the procurement process in a Part A services tender to be procured by restricted procedure. Brendan Fox is recommended.

Arthur Cox’s ‘proactive’ team provides good value for money. It is acting for the University of Ulster in its relocation project; SportNI in the redevelopment of Windsor Park; and arc21 in the

procurement and delivery of a waste energy facility and mechanical and biological treatment facilities. It is also representing Helm Housing Association in court proceedings alleging breach of contract, where the claimant went into administration. Team head Ross Davidson† and Alastair Todd† are recommended.

Carson McDowell provides ‘clear, concise advice’, and is ‘willing to go the extra mile’. It is advising Belfast Harbour Commissioners on construction matters relating to the harbour facility to be used for the erection of offshore wind turbines; and the University of Ulster on its Greater Belfast development. Stuart Murphy† is ‘knowledgeable and commercially minded’, and ‘provides a high level of service’.

Cleaver Fulton Rankin advises across the spectrum of contentious and noncontentious construction matters. It is currently advising Castlereagh Borough Council on the refurbishment of the Dundonald International Ice Bowl, and advised Harcourt Construction (NI) Limited as contractor on the Titanic Signature Project. It continues to represent North West Regional College in a building defects claim. Practice head Patrick Fleming and director

Jonathan Forrester are recommended.

With notable cross-jurisdictional capabilities, Pinsent Masons Belfast LLP’s Belfast-based team is advising the London Borough of Croydon on a number of construction contracts, including the BRIT Academy design and build project; and Benmore Group on the development, construction, and forward funding of a site at Dale Street, Liverpool. It also advised Marex Construction Limited in an adjudication brought by a subcontractor in CVA, relating to Musgrave Wharf Belfast.

Sam Beckett† is known for his litigation expertise, and co-heads the practice with Andrea McIlroy-Rose†, who has particular expertise in development.

McIldowies Solicitors’ Nigel Brown is well regarded for construction litigation work.

Tughans provides an ‘excellent, clientcentred service’. It recently advised Lagan Construction Group on a build contract for the demolition and construction of a five-star hotel in Sierra Leone, and Ilex URC on the redevelopment of the parade ground at Ebrington. It is also representing the Northern Ireland Housing Executive in 30 related contractual proceedings.

Michael McCord is noted for his ‘practical approach to complex legal issues’.

farm proposals. Industry leader Gary McGhee† has ‘encyclopaedic’ knowledge.

Cleaver Fulton Rankin provides ‘excellent’ client service. The team is advising Belfast City Airport on the proposed variation of its planning agreement; and AES on planning, environmental and regulatory issues relating to the operation of Kilroot Power Station. It is also representing a consortium of builders and a leading waste provider in respective planning enforcement appeal proceedings. Karen Blair is the ‘number-one authority on planning and environmental regulation matters’.

Alastair Todd† heads Arthur Cox’s team, which is acting as lead planning adviser for the University of Ulster’s Greater Belfast development, and is also advising Sport NI on environmental and planning issues relating to the redevelopment of three stadiums. The team also handles judicial review work.

Associate Deidre St. John is a key contact Recent work for the team at Pinsent

Masons Belfast LLP includes advising Northern Ireland’s Department of Justice on PAD process planning issues; Invest NI on PAD process and environmental issues; the Department of Social Development on planning order powers; and the Crown Estate in relation to offshore wind farm development. Ian Huddleston† is the name to note.

Tughans handles contentious and non-contentious matters, and is advising Ilex Urban Regeneration Company on environmental and planning issues relating to developments at Fort George and Ebrington, and Veridis Energy on its planning application for a major waste energy facility.

Andrew Ryan is recommended.

Elliott Duffy Garrett’s Leo Brown advises on planning, environmental, and waste management issues.

Mills Selig’s commercial property group advises on related environmental and planning issues.

Bill McCann† is the name to note.

ENVIRONMENT & PLANNING Environment & Planning

1

Carson McDowell

2

Arthur Cox

Cleaver Fulton Rankin

Pinsent Masons Belfast LLP Tughans

3

Elliott Duffy Garrett Mills Selig

W

ith a dedicated environmental and planning team, Carson McDowell understands the business environment and the factors that drive clients’ decision-making processes. It is representing Belfast International Airport in its opposition to the proposed runway extension at Belfast City Airport; the Port of Belfast in its proposed mixed-use City Quays development; and RES and Scottish and Southern Electricity on major wind

37

Are you getting your business message to the right people?

Targeted circulation counts

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hen your message is aimed at the Northern Ireland business community, high quality targeted circulation is the only way to go...

Business Eye’s circulation – in common with other stand alone quality magazines – is dedicated, focused and entirely concentrated on the Northern Ireland business community and the public sector.

That means targeted readership for every copy and no wastage.

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Amongst the quality stand alone business magazines (non-supplements) serving the Northern Ireland marketplace, Business Eye has the highest direct business to business circulation.

That’s according to the latest ABC (Audit Bureau of Circulation) Island of Ireland Report, published during the summer months.

Business Eye has an average net audited circulation of 7,411 copies.

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Legal Eye on Practice

BUILDING ON FIRM FOUNDATIONS… Having opened its Belfast office in 2007, A&L Goodbody has quickly established itself as one of the leading corporate law firms in Northern Ireland, consistently ranked at the top of its market by leading international publications and receiving instructions on some of the most significant legal transactions. Business Eye meets one of the firm’s latest partner recruits, Mark Blair – tasked with building up its specialist property practice…

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rior to moving to A&L Goodbody, Blair spent twelve years at Wragge & Co, mainly at the firm’s Birmingham base which boasts one of the UK’s largest property teams.

“London is a market onto itself, but the property market here is actually much like the rest of the UK and Ireland, and times are tough. Dealing with distressed work brings about many opportunities as well as challenges,” observes Blair.

“We have all had to get to grips with the property aspects of insolvencies.

But in addition, although the deals tend to be opportunistic as the assets and tenant covenant strength have to be right, we have also acted for a number of UK Pension Funds who have decided that Northern Ireland is affordable again.

I am hopeful that those types of deals will continue to pick up, and perhaps pave the way for some of the more traditional property companies to follow.”

When asked where he sees the local property market going, he comments: “I think things could get worse for the property sector before they get better.

Residential prices show no real signs of recovery, but there are glimmers of hope that certain residential development sites in key locations are still attractive, and may now start to sell. There are glimmers across quite a few parts of the property sector.”

Does he see any other areas of concern?

“The problems retailers are having are there

for all to see; but on the other hand we have also seen a few retailers effectively call the bottom of the market and take on more space. We acted for SuperGroup on its letting at Victoria Square for example.

Again, it may be a tenants’ market but at least there is some kind of market there.

“Where there will obviously be a bottle neck is in decent office space,” he continues. “We represented Chicago Mercantile Exchange on their move into Northern Ireland and have seen the limited options now available to those kinds of blue chip occupiers. But with the lack of finance available, this is an obvious development space into which we need those more traditional property companies who do have cash to step.”

“ We represented Chicago Mercantile Exchange on their move into Northern Ireland and have seen the limited options now available to those kinds of blue chip occupiers. But with the lack of finance available, this is an obvious development space into which we need those more traditional property companies who do have cash to step.”

Referring to lawyers in the Northern Ireland property market, he says: “In A&L Goodbody we’re in a good position.” He explains that the breadth and depth of knowledge and expertise, created through ongoing collaboration between the various practices within the firm, both in the Belfast and Dublin offices, has really come into play in the past few months when acting on a number of major transactions.

“Working alongside Michael Neill in Restructuring and Insolvency, our three NI partners in Banking and Finance and our Corporate teams in Belfast and Dublin on the restructuring of the Quinn Group was a particular highlight of the last 12 months. This is the type of work we are uniquely placed to service.”

Looking ahead to the coming months at A&L Goodbody, Blair says: “The property practice is growing fast, and I think our all-Ireland approach will continue to pay dividends too. We are beginning to see – on the loan portfolio deals which are coming to market, for example - where it really pays to be able to cover both jurisdictions seamlessly.”

Commenting on the public-private sector balance in Northern Ireland, Blair says: “The dominance of the public sector in Northern Ireland is noticeable, especially on the City Centre occupier side of things, and the saleability issues of some of those office leases is well documented.

“However, with the lack of lending, public funding will continue to be very important” he states, referring specifically to his work with Mark Thompson in the firm’s corporate department for the IFA on the redevelopment of Windsor Park.

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Legal Eye on Dispute Resolution

IS MEDIATION A SUITABLE ALTERNATIVE TO COMMERCIAL LITIGATION? Despite initial reticence to recognise the potential of mediation, most member states across Europe are now embracing its ability to deliver meaningful and cost-effective outcomes for commercial entities involved in disputes.

The deadline of May 2011 for implementation of the European Directive on Mediation in civil and commercial matters in cross-border disputes proved to be a defining moment.

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hen disputes inevitably arise, we know that our commercial clients prioritise an expeditious resolution. The core principles of mediation offer significant advantages, such as a less public, more cost effective forum and the added benefit of escaping media coverage which could otherwise potentially impact on reputation and profitability.

In Northern Ireland, mediation enjoys tremendous support from the Judiciary and in March 2011, the Rules of the Court were amended to make provision for any party to apply or for the judge to order, mediation or conciliation or another dispute resolution process approved by the Court.

Mediation has proven useful in a variety of commercial disputes, irrespective of how complex a case may seem or how many parties are involved. Research from providers such as CEDR demonstrates that 70% of cases settle on the day, with another 20% settling shortly thereafter.

Unlike court proceedings, mediation offers flexibility as the process and the outcome achieved with the assistance of the mediator, lies in the hands of the parties themselves at all times. Ownership of the agreement is an important component for compliance and helps preserve an amicable and sustainable relationship between the parties. For businesses, the potential benefits of ADR extend beyond purely commercial disputes and can assist in the

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Stephen Ritchie BL.

early resolution of costly and damaging workplace disputes. A third growing area is resolution of debt dispute where the objective is to preserve a business and jobs.

In Northern Ireland, barristers are known as advocates at the forefront of litigation and increasingly are being asked to act as mediators. It is not an alternative to legal advice, representation or litigation. Advice and representation is indispensible and often one must sue to get an opponent’s attention.

However, mediation is a viable alternative to spending costly days before a judge in court.

A barrister’s experience of directing evidence and conducting litigation provides a unique advantage in facilitating mediation.

By clearly identifying the issues between the parties, drawing out the causes of the dispute, examining and testing their legal and factual arguments and scrutinising the realistic options, the barrister assists the parties to design an acceptable voluntary settlement fair to them all.

Unlike other providers, barrister mediators have trained, been accredited as mediators by the Bar Council and are not only subject to the Bar Code of

Professional Conduct but also to a stringent code for mediators. Operating from the Bar Library in Belfast, they provide a competitively priced mediation service in the areas of commercial, employment, debt, professional negligence and family law.

There is no “one size fits all” approach to mediation. Barristers are experienced in different styles and can bring a pragmatic approach to the process in response to the individual needs of the parties.

Irrespective of the approach adopted, a trusted mediator will enable the parties to establish a positive atmosphere where discussion and negotiation can generate problem-solving options for the full or partial resolution of any dispute.

In light of the recent developments, barristers involved in advising on commercial disputes in Northern Ireland regard mediation, as an integrated element of resolving all disputes, no matter how straightforward or complex.

For more information on Barrister Mediation Services, visit www.barlibrary.com

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Legal Eye on Law

Angus Creed, who recently joined John McKee & Son as managing partner, is unapologetic about positioning the firm as a dedicated financial services firm.

Banking on Success “W e have ambitious goals and a solid strategy to deliver a bespoke service to our wide range of banking clients: we have the expertise, team and enthusiasm to provide a comprehensive legal service during this period of unprecedented change in the financial sector. With one of the largest specialist banking teams in Northern Ireland under partners Avril McCammon, Chris Ross and myself, who together have a combined 75 years of experience in the financial sector, we are well positioned to provide the necessary services.

“We have made significant investment in our team and our processes to ensure that McKees remains at the forefront of banking legal issues.

Working with the best clients on the most interesting and complex issues has allowed us to demonstrate our ability to respond to the volatile landscape in which our clients operate.

Restructuring and recovery are the spaces our clients are in, and we have upskilled our lawyers accordingly.

Alison Reid has recently obtained the Certificate of Proficiency in Insolvency.

44

“We are perfectly positioned for the changing legal landscape especially with regards to regulatory expansion.

The increasingly aggressive stance of the regulators is matched by the complexity of the legislation they are introducing. We have been investing in a team of regulatory lawyers so that we are well placed to advise our clients to help them adapt their business to meet the new demands.”

John McKee & Son was established in 1887 and has steadfastly developed its expertise in commercial work and dispute resolution .Originally a family firm, it has grown rapidly over the past 20 years through specialising in banking and associated specialised areas. The firm now employs more than 50 people and has impressive plans to open an office in London in the very near future to service its growing banking client list.

“Our clients are no longer based just in Northern Ireland mainly due to a combination of technology and globalisation. We already receive instructions from international banks and other financial institutions based not just on the island of Ireland but also in London and the rest of Great

Britain. What clients need is flexibility and teams that are adaptable to work at the highest level to unravel complex legal issues and that isn’t restrained by location. Specialist knowledge travels and our banking team is acknowledged

by Chambers as offering “…a crossdepartmental service, capitalising on the firm’s equally impressive property and insolvency offerings. It houses expertise in trade finance, securitisation and property finance. With many of its lawyers dually qualified in Northern Ireland [England] and the Republic of Ireland, the firm has developed a strong reputation for its handling of multi-jurisdictional mandates.”

Angus continues, “I don’t think it’s too dramatic to say that traditional commercial law firms will be left behind if they do not embrace the challenges and opportunities that their clients face.

We at McKees are firmly of the opinion that specialist advisors will continue to be highly prized and will be rewarded accordingly. We are concentrating on being evermore client focused with a deep insight into what it actually ‘feels like’ in the finance sector.

“Business acumen coupled with legal

expertise has allowed the banking team at McKees to advise on some of the most complex transactions in recent times,” said Angus.

But it’s not just in complex deals that McKees is winning accolades. It is leading the way too in innovative approaches to new sector areas. Take for example single wind turbines. Jessica Whittington has a specialised knowledge in how best to structure a deal to ensure that all parties’ interests (from landowning farmer, farmer’s bank, wind operating company to funders) are protected. She is championing standard documents which might be agreed between the industry and legal and business advisers, with input from specialist independent commercial operators.

Going forward, the team at McKees is re-energised to provide an unwavering service of excellence in a changing worldwide economy. The key to success will be in the firm’s financial services team drawing on the high level skill and experience of its lawyers.

CONTACT Angus Creed 028 9023 2303 angus_creed@jmckee.co.uk

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EXTRA COMES AS STANDARD

Legal Eye on Northern Ireland Bar

CHALLENGING TIMES...

A MODERN BAR FOR MODERN TIMES It says something for the Bar’s efforts to banish the image of Barristers as Rumpole of the Bailey caricatures that it has elected its youngest Chairman ever.

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alled to the Bar in 1993 and appointed as a Queen’s Counsel in 2011, Mark Mulholland QC took over the role of Bar Council Chairman back in February of this year. Despite being known for his expertise in criminal practice, as a former tutor in insolvency law at both local universities, he is no stranger to commercial law.

He is an engaging and energetic advocate for Northern Ireland’s 700-strong group of barristers, all based at the impressive Bar Library, next door to the city’s Royal Courts of Justice.

“Like all sectors and professions, we have seen huge changes in recent years,” he says. “In the days of the Troubles, barristers were right at the centre of criminal cases coming through the Diplock courts. Increasingly, there is diversification and Northern Ireland is developing its own body of law outside of the criminal arena.

“Nowadays, the law has become more complex, civil work is just as prominent and our members are specialising across the broad spectrum - from mediation to employment and from judicial reviews to immigration cases.”

The work of a barrister, he says, goes well beyond that of being an effective advocate in the court room.

“A little known fact is that every barrister is a sole trader who has to run their business as well as their court cases. We understand the challenges facing small businesses in Northern Ireland because we face the same challenges.”

46

There has been too much emphasis, Mulholland thinks, on the fees paid to barristers in the tabloid media. “Similar to any profession or trade, there are the industry leaders, the high earners,” he says. “But the danger in such coverage is that it is not a true reflection. We have those who make a normal living like everyone else and unfortunately there are many members at the Bar Library who struggle and worry about where their next brief is coming from or whether they will be paid for their work.”

The concept of an Independent Referral Bar is perhaps lost on many but it is the model used in Northern Ireland for the delivery of legal services. Clients seek help from their local solicitor who provides an early assessment, supports the client and seeks the advice and opinion of a barrister who specialises in whatever area of law is at issue.

“It is a fair system, and one that works well in Northern Ireland, offering public access to a wide choice of high quality, independent legal representation and advice. It enables barristers to remain true to one of the fundamental tenets of the profession.

We are bound by the “cab rank” rule which ensures that every member of the Bar is obliged to act for anyone, in any case, without fear or favour, regardless of the client’s popularity, financial status or alleged ‘crime’.”

“One of the core benefits is the service provided to the client. They benefit from the support of a solicitor who they know and respect, having

worked closely with them on various matters over the course of their lives, often across generations. They also benefit from access to barristers who provide the expert opinion or advocacy services when necessary. Some may view our objectivity as detachment but it is vitally important – the client may not always like the advice they receive but they can have confidence that it is expert, uncompromised and ultimately, in their best interest.”

Legal services play a particularly important role in this jurisdiction, never more so than during times of economic recession, by facilitating access to justice.

The Bar Council claims that the model of the Independent Referral Bar serves to ensure these services are readily available, of high quality, reasonably priced, and provided in a manner that suits the needs of consumers.

Mulholland, like a lot of barristers, is well used to working 60 hours, often more, in any given week during the legal terms. That time commitment has increased since he took on the role of Bar Council Chairman, meaning that he has to split his time between appearing in court, meeting clients, preparing cases, chairing Bar Council meetings and representing Northern Ireland’s barristers at legal and other functions.

“Barristers have traditionally remained in the background. Most like to be as anonymous as possible, although that can prove difficult when you’re involved in high profile cases. If anything, the outward-facing side of

the role has increased. The Bar Council chairman welcomes the increase in engagement with government here which has been delivered through the Stormont administration.”

Shortly after our interview, he was due to attend the unveiling of a portrait of Lord Justice Kerr, the former Northern Ireland Lord Chief Justice who now sits as a Supreme Court Justice in London and is one of the country’s legal elite.

The former Brian Kerr, he reckons, is living proof of what can be achieved by barristers from Northern Ireland.

But, while the young barristers who are called to the Bar each year in Northern Ireland might dream of a seat on the bench in years to come; the Bar Council is realistic when it comes to preparing them for working life.

“A key part of our role is to train the young barristers who come to the Bar

Legal Eye on Northern Ireland Bar

Library every year. They’ve come through years of study, they’re unpaid for their period as pupils here, and they must to be prepared to work very hard indeed.

There’s no doubt that this is a vocation.”

While highly paid barristers might have been singled out by the media in the past, it’s a lesser known fact that all Barristers commit a proportion of their time to free representation. The dedicated Pro Bono unit operated by the Bar Library has cases not only in the local courts, but some of which has reached Court of Appeal and even European Court proceedings.

“It’s an undisputed fact that Northern Ireland’s legal professionals are highly regarded outside of their own jurisdiction. There’s a simple reason for that. Similar to how Northern Ireland’s medical profession is respected as experts in trauma care due to the

years of the troubles; barristers have been toiling away here in very difficult cases under very testing conditions” says Mark Mulholland.

“We have more ‘flying hours’ in the courtroom than any other jurisdiction, a fact that is well recognised outside of Northern Ireland.”

“We do need to stop thinking of legal services as a drain on the public purse – as some commentators would have us believe – and much more as an economic driver.”

In UK terms, the legal services sector generated £23.1 billion or 1.8% of the country’s gross domestic product, and £3.2 billion in exports. The Bar Council believes this demonstrates an enormous opportunity for Northern Ireland.

“Legal services are no longer confined by jurisdiction. This sector has the potential to attract foreign investment.

Just like London, Northern Ireland can trade on our reputation for excellence and compete on the international stage.”

“We’re actively exploring options for business development. The Bar attracts young people of the highest calibre and we see no reason why they cannot contribute to businesses, whether local or abroad, as part of their training”.

Northern Ireland, in common with the Republic of Ireland and Scotland, operates a Library system with the Library complex acting as a permanent base for working barristers who can use meeting rooms, desks and catering facilities when not working in one of the nearby courts or in courts around the country. England & Wales use a system of chambers for their barristers.

For those who may have wondered, the Bar Library does include an actual library – a seriously comprehensive

resource which supplies Northern Ireland’s barristers with information on just about every aspect of the law and details of cases and judgements dating back many years. In recent months, the Bar Library has celebrated UK recognition in winning the Halsbury’s Award for the Best Legal Information Service.

Mark Mulholland returns to his view that Northern Ireland’s Bar is a genuine asset to the region.

“This place,” he says, signifying the Bar Library building around him “is home to almost 700 highly-trained legal professionals. It is a significant pool of knowledge and a resource which contributes enormously to Northern Ireland as a whole.”

For more information on the work of the Bar Council, visit www.barlibrary.com or contact 028 90562349

47

Legal Eye on Practice

PINSENT MASONS LOCAL EXPERTISE, GLOBAL REACH

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Legal Eye on Practice ‘Impressive’ service, ‘high levels of service co-ordination and effectiveness’, ‘excellent industry knowledge’ – just a few of the terms used by Legal 500 to describe the service on offer from the Belfast team of Pinsent Masons.

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he firm, which opened for business in Northern Ireland in May, following the merger with McGrigors, achieved 176 rankings spanning different sectors and geographies across the UK. Locally the firm retained its top tier position in 10 Northern Ireland categories including corporate and commercial, dispute resolution, real estate, construction, employment, project finance and intellectual property and technology law.

Paul McBride, Head of the Belfast Office believes that the smooth transition from the market leading profile of McGrigors / L’Estrange & Brett, whilst being able to offer specialist service and global reach, has contributed to these excellent results. ‘ We know that our clients value the access we can now give them the broadest range of specialist service, both locally and in those locations across the UK where they do business.’ commented Paul.

Pinsent Masons employs over 2500 people in total, including over 1500 lawyers and has offices across the world, including Asia Pacific and the Gulf. Over recent months it has continued its expansion with the opening of offices in France and Germany.

Based in Munich, the firm’s German office consists of a seven partner team specialising in complex transactions, corporate and technology law and dispute resolution and plays a key role in delivering core services to the advanced manufacturing and technology sector, working closely with the firms UK and China offices.

The French office opened in Paris with a nine partner team who offer a full range of legal services including corporate, mergers & acquisitions, commercial, restructuring, finance, real estate, intellectual property and technology, employment, litigation and arbitration.

Both offices are linked closely with the Belfast and other UK and international offices of Pinsent Masons in delivering core legal services to local and international businesses. Their opening represent the latest international expansion by Pinsent Masons as it drives forward its global strategy.

Commenting on the new offices, Paul McBride says: “We are delighted to have been able to add Germany and Paris to our burgeoning international platform. Already we have seen significant interest from clients and businesses locally that have or are considering developing commercial links on the Continent. When we add this in to our offices in mainland China, Hong Kong, Singapore and the Gulf - and our comprehensive coverage of the UK market - we believe we have a truly unique proposition for Northern Ireland business.”

This is part of the philosophy of the firm which is not just being seen as a trusted legal adviser; it’s also about creating opportunities and mitigating the risks associated with expansion into new markets. Indeed, this commitment to assisting local businesses to access markets with growth potential was demonstrated in its recent programme focusing on opportunities in Russia and Eastern Europe.

Yuri Botiuk, a Partner and specialist in UK-Russia commerce at Pinsent Masons, said that Northern Irish firms should not be put off by scare stories emanating from the region, instead commenting that there has never been a better time to enter the Russian market. Even though Russians imported $323 billion in goods and $90billion in services last year, the market has so far been underdeveloped. Delegates at the event were given practical advice on how they could begin to capitalise on these opportunities.

Paul McBride is however, keen to point out that the recent expansion does not mean that the firm is any less committed to the Northern Ireland business community. Having been an established presence for over 150 years in the Belfast legal market as L’Estrange & Brett, the firm has continued to evolve to respond to changing business demands. The firm remains a patron of the Northern Ireland Chamber of Commerce and is also represented by Belfast partner Richard Gray on the Chamber Council and by Director Hilary Griffith on the Board of the Northern Ireland Science Park Connect Programme. It has recently supported initiatives such as the 25k Awards and Young Entrepreneur of the Year and is planning a number of further innovative client focused initiatives in the coming months.

Pinsent Masons in Northern Ireland has acted on some of the most significant legal matters at home and abroad recently. Over the past few months their work has included: • Advising Northern Ireland’s Phoenix Energy Holdings (“Phoenix”) on the sale of its gas supply businesses to SSE Plc (Airtricity) for a consideration of around £20m.

• Advising the E.ON consortium on its bid for the £1bn PPP contract to design, build, finance, operate and maintain facilities and infrastructure for the treatment of municipal waste in the arc21 region, which is a key part of the delivery of the Northern Ireland Waste Management Strategy.

• Advising the London Borough of Croydon on the redevelopment of the Whitgift Centre, its £450m asset backed vehicle joint venture with John Laing plc and the redevelopment of the Brit Academy • Acting for the Financial Services Authority in securing a worldwide freezing order to the value of £20.2 million arising from allegations concerning an illegal ponzi scheme • Advising BAA on the sale of Edinburgh Airport in a deal reported to be worth £807m.

• Advising the Administrators in the administration sale of Pizza Hut in Northern Ireland/Republic of Ireland.

• Advising Irish Bank Resolution Corporation Limited and Keenan Corporate Finance on the appointment of a fixed-charge receiver and the disposal of properties in Northern Ireland held by Jermon Group companies.

49

Legal Eye on Auto Enrolment

Salary Exchange Tax Savings Key to Easing Pain of Workplace Pensions Cost The financial, legal and regulatory implications of complying with compulsory workplace pensions are going to hit home to companies and their advisers from October 2012.

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e have all seen the ads on television and in the press by now, but while 92% of employers are reported to be just a little concerned about autoenrolment, very few in Northern Ireland are actually anywhere near the stage of saying ‘I’m In’!

The fact is that when the Pensions Regulator writes to a business to inform them of their obligations, both 12 months prior and then 3 months prior to their implementation or “staging” date, the employer needs to be aware that this is the date by which their pension schemes need to be up and running, their record keeping sorted, any staff consultation complete, regulatory communications with staff implemented and business funds available to pay the employer pension contributions. It is not the point at which you start thinking about it!

So resist the temptation to stick your head in the sand. Accept the inevitable, that paying for employee pensions is happening to your business and look at creative ways to save you and your employees’ money from taxable income.

That’s the message from local company Auto enrol Solutions NI who have jumped ahead of the game and are providing one of the most cost effective, independent software solutions to manage the administrative headache of workplace pensions.

“No business adviser wants to tell

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their client that they need to spend more money on administration when they are struggling to find the money to pay their pension contributions,” says David Graham, an independent financial adviser at Finance Matters NI and Director of AeS NI. “The temptation is to wait until the last possible minute in the hope that something will change and you don’t actually have to do it. That’s understandable and in the light of previous government policy roll backs, it has some attractions.

“However, we all know that the taxpayer cannot continue to pay for a rapidly aging population. So the likelihood of auto-enrolment going away is virtually nil.

“The consequence is that employers need to be more creative in how they meet onerous regulatory reporting requirements and keep employees motivated without adding an overwhelming cost burden to their business.

“A few pension providers are offering ‘free’ systems to manage the regulatory reporting requirements but the costs of the software are paid for elsewhere in business transactions with them and besides, independent reviews of such systems have been poor to date. In addition, it means you are tied to that company’s pensions.

I suspect the last thing you want is compliance software which doesn’t

work properly – it is a bit like payroll software which doesn’t work. It creates many more problems than it solves.

“Instead, savvy employers are opting for independent low cost bespoke ‘middleware’ that sits between payroll systems and pension providers and gives them the flexibility and expertise to manage the multiple complex government requirements.

“At AeS NI our software has been developed specifically for SMEs out of the market leading Staffcare system. Therefore we give all the security of a system being used by some of the largest employers in the UK at a cost that makes sense to business in Northern Ireland.

“In addition we have just introduced a new salary exchange system which will allow local businesses with existing pension provision but who are not using salary exchange to introduce an auto-enrolment system now that could pay for itself immediately in the tax savings it helps businesses introduce for themselves and their employees.

“Putting this system into your business now would take the pain out of your staging date and help to minimise the financial impact on your business and your employees’ take home pay.

“In essence, the system will take charge of the salary exchange implementation process for the employer; it will offer the salary exchange option to employees; change the contracts of employment for those who take up the option; produce the monthly CSV file updates for the pension provider and run the whole thing even if some employees do not switch to salary exchange.

“Now if you consider a company with

250 employees with an average salary of £20,000 pa and the employer paying a 5% pension contribution then the savings to the employer for switching the scheme to a salary exchange basis could amount to £34,500 a year.

“T he 250 employees would also get an increase in their take-home pay and the amount going into their pension pots would be unchanged. The cost of running the AeS NI scheme (which can come off the employer’s accounts before tax as a business expense and save yet more money) would take up a small portion of that saving, but the vast bulk of the saving goes to the employer.

“The beauty of this approach is that when your staging date is reached in the next year or so, you will already be fully compliant with the new auto-enrolment regime at no extra cost and with nothing else to do.

“Finally, when you install AeS NI for your company you install a whole suite of functions, not just the salary exchange functionality. You get an HR function, an intranet function, a flex-benefit function, an employee self-service function, and the highly rated auto-enrolment compliance functionality all for the same low price.”

David Graham is a Director of AeS NI T: 02890 450116 E: info@aesni.co.uk

When you or your business is faced with an issue, you don’t just need a firm with the legal excellence to navigate it, you need a firm with the commercial sense to find exactly the right solution for you.

Cleaver Fulton Rankin is here to help you handle whatever legal issues may be on your horizon.

For more information: +44 (0)28 9024 3141 or visit www.cfrlaw.co.uk

Legal Eye on News

Wesleyan For Lawyers Launches In Northern Ireland Wesleyan Assurance Society has launched its dedicated service for lawyers and law firms across Northern Ireland, providing expert advice on a range of financial planning matters.

T

he move is part of the latest expansion by Wesleyan for Lawyers, the financial mutual’s specialist arm for the legal profession.

Craig Errington, Wesleyan’s Chief Executive, said: “We believe the legal community in Northern Ireland will truly benefit from having access to bespoke financial services, provided by a well-established and successful company, which remains one of the

financially strongest life assurance companies in the UK today.”

Wesleyan for Lawyers’ Financial Consultants in Northern Ireland will concentrate exclusively on the legal sector and are experts in the profession and lawyers’ career stages. They will be able to provide advice on a wide variety of financial matters covering both lawyers’ professional and personal lives, including protection,

retirement planning, savings and investments and mortgages.

Ross Hume, Senior Business Development Manager at Wesleyan for Lawyers, added: “There are more than 2,400 practicing lawyers in Northern Ireland. The legal system has some differences to that found in England and Wales, but when it comes to looking after their finances we know lawyers, no matter where they are, appreciate

Ross Hume, Senior Business Development Manager, Wesleyan.

a tailored, individual approach.”

To help provide insight into its customers, Wesleyan for Lawyers has an influential advisory board made up of eminent legal professionals.

Wesleyan also provides tailored financial products and services to the medical and teaching professions through Wesleyan Medical Sickness and Wesleyan for Teachers.

PLAYING MUSIC IN THE WORKPLACE? MAKE SURE YOU’RE LICENSED. If you are playing recorded music in the workplace, it is a legal requirement to obtain the correct music licences.

Music is good for business – the simple act of turning music on can make a huge difference to productivity and sales. A survey revealed that playing music could boost profits by 5%.* PPL and PRS for Music offer music licensing solutions for businesses that play recorded music in public – in most instances a licence from both organisations will be required A PPL licence can cost your business as little as 19p per day,† for more information on how to obtain your PPL licence visit ppluk.com or call 020 7534 1095.

Copyright protects music in different ways and businesses will often require music licences from both PPL and a separate organisation called PRS for Music. PPL collects and distributes licence fees for the use of recorded music on behalf of record companies and performers, whereas PRS for Music collects and distributes fees for the use of musical compositions and lyrics on behalf of songwriters, composers and publishers. For more information on PRS for Music, visit prsformusic.com.

To find out more about how music can work for your business visit musicworksforyou.com.

*MusicWorks survey of 2000 people, conducted March 2009. † If you play recorded music in your business without obtaining a PPL music licence you could incur a 50% surcharge on your PPL licensing fee.

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01443 PPL Ad Business Eye NI [Generic] Half page.indd 1

ppluk.com

23/03/2012 13:34

play your part

THE ULSTER ORCHESTRA IS LAUNCHING A NEW INITIATIVE TO ENABLE INDIVIDUALS, FAMILIES AND COMPANIES TO HAVE A CLOSER CONNECTION TO THE ORCHESTRA AND ITS MEMBERS BY SPONSORING AN INDIVIDUAL PLAYER OR ORCHESTRAL CHAIR. The “Play Your Part” chair sponsorship campaign, launching with the new season, will enable those involved to link closely with the player they sponsor, to meet them before concerts, to have their name and/or organisation’s logo associated with the player in our concert programmes and to attend specific functions associated with the campaign.

Chair sponsorship is open to both individuals and companies, and can be a beautiful way to acknowledge a special anniversary or the memory of a loved one.

For organisations wishing to invest in this campaign, in addition to the PR opportunities involved, there is also a corporate package specifically for networking and client development opportunities.

All three levels of sponsorship offer an initial level of benefits: Acknowledgement as an Ulster Orchestra sponsor, listed at the relevant level, on the Ulster Orchestra website, and in the concert programmes and the Orchestra’s literature

A CHAIR SPONSOR FROM £1,600 ALSO RECEIVES: An opportunity to invite the supported player to attend a private event or dinner once a year Plus pre-concert networking opportunities with the player four times a year.

A SECTION LEADER/ PRINCIPAL CHAIR SPONSOR FROM £2,000 ALSO RECEIVES:

Priority booking for the Orchestra’s concert season

Bespoke PR opportunities

Some complimentary tickets for selected concerts

A complimentary private recital by the supported Ulster Orchestra player

Complimentary access to exclusive open rehearsals The Orchestra’s Yearbook and twice yearly newsletters

Plus pre-concert networking opportunities with the player four times a year.

A LEADER/ASSOCIATE LEADER CHAIR SPONSOR FROM £3,000 ALSO RECEIVES: Bespoke PR opportunities Two complimentary private performances by the Leader/ Associate Leader Plus pre-concert networking opportunities with the Leader/ Associate Leader six times a year.

For details on sponsoring a chair contact Tracy at tracy@ulsterorchestra.com

Legal Eye on News

NI BUSINESSES URGED TO IGNORE ‘SCARE STORIES’ OVER RUSSIAN INVESTMENT

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he advice came as international law firm Pinsent Masons and international accountancy firm Grant Thornton held an event for around 40 Northern Ireland businesses actively considering expansion into Russia and Eastern Europe.

Yuri Botiuk, a Partner and specialist in UK-Russia commerce at international law firm Pinsent Masons, said that Northern Irish firms should not be put off by scare stories emanating from the region, instead arguing that there has never been a better time to enter the market.

Botiuk told delegates: “It is no secret that the key to

growth for Northern Irish businesses is found in international exports - be that export of products or know how.

However, growing internationally is not without its challenges.”

“It is fair to say that Russia in particular has not gone without its fair share of negative headlines, both on the political and business pages. The spectre of Yukos and the travails of various businesses sit uncomfortably with a current wave of civil unrest - most recently brought to the surface by the ‘Pussy Riot’ trial.

“However, it is significant that Russia has become a member of the World Trade Organisation. In

Pictured (L-R) Alexander Siderenko - Grant Thornton (Moscow), Maurice Patterson – INI, Paul McBride – Pinsent Masons, Andrey Ledenev - Russian Embassy (London), Peter Legge – Grant Thornton, Olga Bondar – Grant Thornton, Alfiya Golovschinskaya – Grant Thonton (Moscow), Richard Gray – Pinsent Masons, Yuri Botiuk – Pinsent Masons, Dominic Preston – Grant Thornton.

doing so it is compelled to embrace a series of rules and commitments that are the foundation of an open, transparent and non-discriminatory global trading system.

“The area is resource-rich, has an educated and motivated workforce, a huge market of potential

customers and has been, to date, underdeveloped. Last year, Russians imported $323 billion in goods and $90 billion in services. Outside of Russia, countries such as the Ukraine, Kazakhstan and Azerbaijan have significant mineral wealth and are also home to huge opportunities.”

BAR LIBRARY WINS NATIONAL AWARD FOR EXCELLENCE

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he Bar Library in Northern Ireland has won the 2012 Halsbury’s Award for the Best Legal Information Service in the Non-Commercial Sector. The award was presented by Susan Scorey, President of the British and Irish Association of Law Librarians, and Tom Laidlaw, Head of Academic Development at LexisNexis.

Library Services Manager Niamh Burns said they were delighted to have such prestigious recognition of the work carried out by the whole library team.

Accepting the Award, Niamh Burns said, “This award not only recognises the work of those servicing the Bar Library but also emphasises the excellence of the Bar and its practices in Northern Ireland.”

Vice Chairman of the Bar Council for Northern Ireland, Denise McBride QC also praised the work of the Bar Library team.

“As Barristers we simply could not be as efficient or effective in our work without the essential support from the Library staff. I am delighted that their work has been recognised with this award and it brings great credit to the local legal profession and our support services.”

PINSENT MASONS’ ROAD RACERS RIDE 1000KM FOR CHARITY Cyclists at international law firm Pinsent Masons lined up for an epic 1,000km charity bike ride spanning three jurisdictions and all of the firms’ 8 UK offices.

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ver one hundred and fifty riders including staff and clients of the firm took part in this marathon bike ride. A core team of seven Pinsent Masons partners completed the entire tour, travelling from Aberdeen to London via Edinburgh, Glasgow, Belfast, Manchester, Leeds, and Birmingham. The sponsored cycle is in continued support of SOS (Left) Peter Dixon, Group Chief Executive, Phoenix Group NI, Greg Lowson, Partner, Birmingham and one of the core riders and Stuart Nelson, Solicitor,Belfast.

54

Children – a charity supported worldwide by Pinsent Masons – and is also raising funds for local charities supported by each firm office.

SOS Children is the world’s largest orphan and abandoned children’s charity, which the firm has proudly sponsored for over 6 years. The firm has provided business advice and helped to fund life changing projects in several countries. The latest is the construction of the newest SOS Children’s Village in Chipata, Zambia which will open on the 10th October. Thirteen family

houses will provide a loving home for generations of children.

Pinsent Masons’ Belfast Head of Office, Paul McBride commented: “ While our Belfast cycle team of staff and clients covered a 65 mile trek around the Ards Peninsula, we had lots of cycle related fundraising activites running in the office. Chain Reaction cycles have assisted us with a support vehicle and invaluable technical advice and we are delighted that our local nomiated charity NI Cancer Fund for Children can also benefit from this intiative.”

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Legal Eye on Technology

OMG Software, assisted by Invest Northern Ireland, is the brainchild of Barrister Orlagh McGahan who has shown that the legal profession in Northern Ireland has also been bitten by the entrepreneurial bug.

ENTREPRENEURIAL BARRISTER BOASTS BUSINESS SUCCESS INNOVATIVE LEGAL SOFTWARE TARGETS EXPORT MARKETS

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n just one year, she has created Briefed, a bespoke software system that has international sales potential.

Harnessing the latest Cloud technology and security measures, she has developed a system that will allow barristers, most of whom are self-employed, to automate their administration and financial activities including billing and the maintenance of tax and VAT information.

In addition to being accessible through desktop and laptop computers, the software can be used on smartphones and tablet computers. An app format is currently under development to make access as easy and as safe as possible virtually everywhere.

Having practiced law for eight years

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Orlagh said: “The new software is based extensively on my experience, particularly my early years handling publicly funded cases. Barristers are directly responsible for managing their cases and this can be particularly difficult with a heavy caseload.

“I evaluated a number of existing software packages and found that none of them really suited the role and requirements of barristers. This led me to consider the steps I needed to take to design a software solution to this problem and the easiest way for barristers, especially recent graduates, to access the technology.

“I talked to a number of software houses here and subsequently decided

to set up my own business to help drive the development of the idea forward. Invest NI’s Go for It’ programme was immensely beneficial and helped me with essential information about business procedures and requirements.

“Invest NI also helped me link up with a software company in Lisburn to turn my idea into a working prototype and then a final product using the latest Cloud technology for easy access.

Barristers can now use a smartphone or iPad to record data on leaving court.”

“I believe this is an innovative software product that has immense export potential in the UK, the Republic of Ireland and other parts of the world, such as Australia and New Zealand, with

a legal system influenced by Britain.”

Mark Mulholland QC, Chairman of the Bar Council, the body charged with oversight of practicing barristers in Northern Ireland, is delighted with Orlagh’s success. “Through her business development, Orlagh is challenging the outdated stereotypes associated with our profession, highlighting the innovation and creativity of our members and also, demonstrating how the Bar is modernising and embracing new technology in their practice management, ultimately for the benefit of the clients we serve” For more information, visit www.briefed.pro

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Eye on Profile

PAUL TWEED International Man Of Law

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Eye on Profile If there’s one man around Belfast and well beyond who has the ability to strike fear into the heart of almost any editor, journalist or publisher, it’s Paul Tweed.

T

weed is Senior Partner at Johnsons Solicitors, the Belfast-based law firm that lists quite a number of local businesses amongst its clients.

But he’s also one of the world’s leading media lawyers, and a man whose client list includes Liam Neeson, Britney Spears, Jennifer Lopez, Demi Moore and Vanessa Redgrave....to name but a few.

Perhaps more importantly when it comes to the fear factor of journalists and editors, he’s also yet to lose a major libel case.

It’s easy to imagine, then, that he might be a difficult man to interview... combative, aggressive, wary perhaps.

But none of those can be applied to Paul Tweed. Instead, he’s easy going, informal, affable and charismatic. He’s also a man who is at ease with his belief that the media, especially in the internet era, need to be reined in if everyone’s privacy (and not just that of celebrities) is to be protected.

“I’m a strong supporter of a free media, and I’m also a follower of the media and the work that it does. I genuinely admire really good investigative journalism, and I suppose I’m something of a media junkie by nature.

“The Leveson Inquiry, the advent of super injunctions, even the growth in what is being called libel tourism mean that this whole area of the law is a moving feast. But my view is that one thing is certain.

There is a need for reform of the current system of press regulation.”

These days, Paul Tweed shuttles between Johnsons’ Belfast office, its bases in Dublin and London, and at least four or five times of year, he’s in the United States working with some very high profile clients indeed. Such is his reputation as a plaintiff lawyer in libel/defamation cases that he’s on the contact list of most of the top media lawyers in America. If an ‘A’ List celebrity suffers at the hands of the media, Tweed is the man to receive a call from the other side of the Atlantic.

But it wasn’t always thus. He studied law at Queen’s University in Belfast, and joined Johnsons

back in 1978 when the firm was a private client practice with interests in conveyancing and probate. His first area of specialisation lay in developing a niche for Johnsons working with some of the leading insurance companies here during the 1980’s.

“I suppose the pivotal moment for me came in 1987 when I became involved in my first big defamation case,” says Tweed.

And a memorable one it was, when two of Northern Ireland’s leading QC’s, Robert McCartney and Desmond Boal, joined forces not as lawyers but as plaintiffs to sue the Sunday World for defamation after the tabloid claimed that the pair had almost come to blows in an alleged argument over a chocolate eclair in a Holywood cake shop.

Tweed went on from there to act in another high-profile case – B.J. Eastwood v. Barry McGuigan – which went on for several years from start to finish and resulted in what was then the biggest libel award in Northern Ireland legal history.

His first foray across the Atlantic came when he was contacted by high profile Philadelphia-based lawyer James J. (Jimmy) Binns and successfully fought a libel action in the Belfast courts against the Irish Times which was judged to have libelled Binns in an article about his involvement in boxing.

It was this successful action that led to a rapid increase in Tweed’s fame in the American legal fraternity.

Both Tweed’s skills as a media lawyer and the realisation that defamation cases could be brought before the courts on this side of the Atlantic contributed to the growth of a client list which soon included Britney Spears, Jennifer Lopez and many others.

And it’s a list which is set to grow.

Paul Tweed returned to Belfast in September from a lengthy trip across to California (where he’s accredited by the California Bar as an overseas lawyer) to discuss a libel action which can’t be detailed as yet.

Another factor behind Tweed’s growing role in working with American clients is the simple

fact that libel law in the States is very different than it is here.

“There are only five plaintiff media lawyers in the USA as a whole,” he says. “That’s because the balance over there is very much towards the media outlets and the big publishing companies, and it also explains why the Americans are so keen on having cases tried outside of their own country.”

He might not be behind the desk in his relatively modest office in Johnsons’ Belfast offices every day of the week (or even close to it...given his travel schedule), but he retains his role as the firm’s Senior Partner and he has no intention of operating from anywhere except Belfast.

“This isn’t just a low-cost base, it’s also a genuinely effective and professional base. The fact that Allen & Overy and Herbert Smith have invested in bases here provides more evidence of that.

I’m also fortunate to have a great team of lawyers around me here in Belfast as well as in Dublin and London, and I like to spread the positive word about this city every time I’m over in the States or elsewhere,” he says.

Tweed recently published a fascinating insight into the world of media law. Privacy And Libel Law – The Clash With Press Freedom (published by Bloomsbury Professional) is a lot more than a text book on this specialist area of the law. It looks at the differing approaches to media law on either side of the Atlantic, and examines the many current issues around press freedom.

The Belfast-based lawyer has been a regular on TV channels as diverse as the BBC, RTE and Al-Jazeera in recent times, giving his view on everything from the Leveson Tribunal (which looked at the phone hacking activities of UK newspapers in the wake of the Millie Dowler and other cases) to the much more recent furore over topless photographs of the Duchess of Cambridge being published around the world.

He’s a strong advocate of effective privacy laws to protect not just public figures like the Duchess... but just about every member of the public.

“Imagine someone using a long lens to take photographs of you

relaxing at home... or taking shots of you sitting by the pool while on holiday. Then think how you would feel about it. There are real issues of personal freedom – never mind press freedom – at play here.”

It’s hardly surprising that Paul Tweed singles out the rise of the internet (including Twitter) as the most important factors in the development of media law.

“In days gone by, if you defamed someone in a newspaper, the defamation was restricted to that newspaper’s circulation area.

But, if you do the same thing on the internet, it can and does go worldwide. So times have changed, and they’ve changed radically.”

While he agrees that the print media is under threat from the internet, he’s quick to re-state his support for what he sees as quality journalism. “I sincerely hope that newspapers can work with the internet, survive and prosper,” he says. “But they need to think very seriously about how they’re going to do that.

“There is evidence that newspapers have cut back on staff and that standards, in some cases, have fallen accordingly.”

Among the threats he perceives from the internet in all its forms is that posed to businesses and corporate entities. “There is an increased danger of corporate libel,” he says. “Brand names and corporate reputations being damaged by what can appear on the internet. It’s something that everyone should be aware of, but I suspect that few people actually are.

“It could take a major libel award on this front to bring everyone to their senses, and I’d predict that branding and corporate libel will be a big battleground in the future.”

Back on this side of the Atlantic for a while, he’s busy preparing for another celebrity case closer to home, TV personality Louis Walsh’s libel case resulting from lurid tabloid allegations.

Does he look at any newspaper or watch any television programme with an eye open for potential defamation?

“No, I don’t. To be honest, I’m often working 16 or 17 hours a day so the newspapers can often lie around unopened. But, when I read, I’m more likely to enjoy good journalism and professional writing.”

59

Legal Eye on News

SINGAPOREAN LEGAL JUNIORS WIN ‘TITANIC’ COMPETITION IN BELFAST Singaporean legal juniors, Eddy Hirono and Benjamin Moh were the jubilant winners of the prestigious International Negotiation Competition held in Belfast this weekend, seeing off law graduates from 16 other countries including Northern Ireland, USA, India and Australia.

P

resenting the coveted prize, Chairman of the Bar Council of Northern Ireland Mark Mulholland QC, sponsors of the event said he was delighted that the competition had come to Belfast for the first time.

“In an increasingly global legal marketplace, this competition contributes tremendously to the promotion of legal negotiation.

Too often we simply think of a barrister in a courtroom when the reality of practice demonstrates the vital importance

and necessity of negotiation across all branches of law.

“An added advantage of this competition was to showcase the excellence of our legal system and the quality of the practitioners in Northern Ireland as a significant number of our barristers volunteered their time to act as judges in the competition.

These students benefited greatly from the critique of experienced legal negotiators,” he concluded.

Each round of the competition was themed around the Titanic. The first

round concerned the appointment of a Director to a mythical new Titanic Survivors museum. The museum is being funded by a multimillion dollar gift from a descendent of someone who survived the disaster.

The second round involved the purchase by the museum, from a Jose Louis Ramos, of a one-reel silent movie called ‘Saved from

the Titanic’ which was made just after the disaster and which starred a famous movie star who was on the Titanic when it sank.

The last round involved the purchase by the museum of White Star Line Titanic china, silverware and crystal stemware from Alaina Simpson, a great niece of one of the survivors from the Titanic.

Lawyers Links With Local College Pictured at the launch were: Thompson Keating, Director of Corporate and Economic Development at SERC, students Cheyane Quinn and Leanne Frize with Andrew Brammer, head of Allen & Overy’s Support Service Centre in Belfast.

A

llen & Overy has launched a new partnership with South Eastern Regional College (SERC) and Grafton Employment Group to create Northern Ireland’s first Document Skills Foundation Course.

The course, which enrolled 20 trainees in Lisburn, is designed to deliver a skilled talent pool that can excel in the production and management of complex documents and gain employment in the legal market with the support of SERC and Grafton

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Employment Group. Training on the foundation course includes legal text processing, speed keying and digital transcription.

Allen & Overy has committed to interviewing all candidates upon completion of the 24-week training programme with a view to filling resource needs. All students will secure a hands-on placement in the firm’s Belfast Document Centre, providing support for its international network of 40 offices in 28 countries.

T

he Great Hall in Stormont was the setting for the Bar Council’s presentation to its chosen Charity of the Year, MS Society. This year, fundraising efforts totaled just over £59,000. Speaking on behalf the Bar Council, Chairman Mark Mulholland QC paid tribute to the tremendous work and support provided by

the MS Society. “For many years, barristers have supported the work of local charities and as a body; we nominate a ‘Charity of the Year’ close to the heart of our membership. Given that MS has touched the lives of some of our members; we greatly welcomed the opportunity to help, even in such a small way, to raise awareness of Multiple Sclerosis.”

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Legal Eye on Commercial Finance

Harry Parkinson, managing director of Close Brothers Commercial Finance (Ireland) argues that doing what is right in the current economic climate must trump doing what is expedient.

Funding Your Business?

Do It Right And Do It Well E

xport more, grow faster, reduce corporation tax, introduce an enterprise zone, cut red tape, increase bank lending, boost government investment in major infrastructure projects, cut the head count… the recipe for future success is varied and indeed changes almost daily. Ideas rain down like confetti and no one seems to celebrate.

One economic report after another seeks to explain and provide answers – but who is really listening in the boardroom or on the shop floor?

Some businesses don’t pay too much attention to the so-called ‘big picture’, (though it can surely be depressing from time to time).

Sure they might be aware of fluctuations in exchange rates as it affects their exports, know what inflation does to their business and analyse what’s happening in their own markets.

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But perhaps companies are more concerned with the intricacies of daily commercial life and more often than not that simply boils down to cash. Do we have enough for what we need to do?

Can we grow with the cash we’ve got? How do we get customers to pay earlier? The list of questions is apparently endless and can leave a management team spinning.

How do you square sales growth with a cash deficit?

Surely it’s not supposed to be that way but the reality for many UK companies is just that – a distinct lack of working capital to underpin an otherwise successful enterprise.

So if cash is king in a business, then access to cash can build a nation, or in this case, a company.

Step forward invoice finance.

It’s been around for years, little known and occasionally maligned, incredibly both at the same time. This smart mechanism for releasing the potential of an invoice before it is paid is not a new idea but the innovative ways in which it is used needs to be brought to the attention of business owners and managers in an economic landscape that resembles too much of a rollercoaster ride for firms the length and breadth of the country.

The great BC Forbes, the Scottish brains behind Forbes Magazine, established in 1917, had a simple mantra for business owners; “Do what’s right. Do it right. Do it now.”

And right now using invoice finance is ‘doing it right’.

Surely having certainty in the current economic climate is something quite valuable?

So let’s be clear then about what invoice finance does for a business. Indeed, let’s properly understand some of those myths about it as well.

Racing out of the blocks first is the following myth-buster; if a company uses invoice finance their business is in trouble? No it is not; they’ve simply found a smarter way to finance their business by being paid up front for a percentage of their invoice.

Companies which do that aren’t in trouble; they’re ahead of the pack. It’s worth repeating – you get cash in advance of the invoice being paid in full.

Invoice finance lends against the size of the debtor book.

It’s not balance sheet lending, as employed by traditional forms of finance, it’s lending against the value of sales.

With invoice finance a company can remain in control of their sales ledger. When the invoice is paid in full, the invoice finance provider pays the remainder of the value of the invoice for which it gave some cash up front in the first place.

The good news is that as a company’s sales grow so to does the invoice finance facility. As long as they remain disciplined in collecting their debts then the flexibility of invoice finance remains and becomes an invaluable source of working capital which can be relied on to assist with achieving future objectives.

You see we are business people and we understand how businesses work and the daily decision making that goes on to ensure the company functions the way it should. We understand why cash is important; which is why we won’t make our customers jump through several hoops before deciding how to help.

So that’s invoice finance, smart money for 21st Century business at a time when doing what is right is much more preferable than doing what is expedient.

If you want to know more visit our website at www.closecommercialfinance.ie

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Expert thinking in the M&A market Acted on behalf of the shareholders in the sale of Singularity to Kofax PLC.

Acted as NI counsel to Sytner Group on their acquisition of the Isaac Agnew Group.

Acted on behalf of Opt2vote Ltd which was sold to Idox Plc.

For expert legal advice on any aspect of M&A please contact Neasa Quigley Partner T. +44 (0) 28 9034 8816 M. +44 (0) 77 8820 5969 neasa.quigley@carson-mcdowell.com Carson McDowell, Murray House, Murray Street, Belfast BT1 6DN. T: +44 (0) 28 9024 4951 E: Law@carson-mcdowell.com