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Letter from The Editor
Matthew Olner
Welcome to the winter issue of the Leicestershire Law Society Magazine. We have a collection of articles and updates that reflect the energy and depth of our legal community.
This issue’s highlight is our feature on the newly appointed President of the Leicestershire Law Society, Greg Hollingsworth, who takes over from the remarkable Bhumika Parmar. Greg brings with him a fresh vision and a commitment to continuing our legacy of excellence. In our main article, we delve into his plans for the upcoming year, exploring the initiatives and goals he aims to achieve during his tenure.
We’re also excited to share an inspiring story about Lady Hale’s recent visit to De Montfort University. Her presence and insights have left an indelible mark on the students and faculty, reinforcing the importance of legal education and mentorship.
In our industry-focused section, we examine the six key trends shaping legal recruitment. These insights are crucial for both aspiring legal professionals and seasoned practitioners looking to navigate the evolving landscape.
For our feature on practical legal advice, we discuss the significance of
mirror wills for married couples and civil partnerships. This article provides valuable information on how to ensure your loved ones are protected and your wishes clearly outlined.
Finally, don’t miss the member update from the Law Society Council, which offers important information on recent decisions and discussions, and how you can get involved in shaping the future of our society.
We hope you find this issue informative, engaging, and thoughtprovoking. Your feedback is always welcome as we strive to bring you the content that matters most.
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Leicester Community Advice and Law Centre gains Law Centre status
27 This Year’s Chosen Charities
28 6 key trends shaping legal recruiting
Meet our New Patron
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Email: office@ leicestershirelawsociety.org.uk
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New President Greg Hollingsworth’s new mission
Greg Hollingsworth became our new President on October 29, here’s what he had to say in his inauguration speech
I am hugely honoured to be the President of the Leicestershire Law Society. The first meeting of the Leicestershire Law Society was at The Guildhall on 13 December 1860, and later this year, the Society will celebrate its 164th anniversary. That is a huge achievement, and I am grateful to all the members, firms, associate members, patrons and business partners who continue to support the Society. The Leicestershire Law Society continues to be one of the most active local law societies in the country, and I hope that is something which continues in the years ahead.
Congratulations to Bhumika Parmar on an outstanding year as President. Being President is a fouryear commitment, starting with being the Deputy Vice President through to being the immediate past President – so I am delighted that I have still have Bhumika to help me for another 12 months. Somebody who is coming to the end of that four-year cycle is Gina Samuel-Richards. As Gina’s tenure as the immediate past President comes to an end, I wanted to thank Gina for all her efforts.
I came to Leicester in 1988 to study at the University of Leicester and, for my professional exams, at De Montfort University. I have spent the whole of my career working in this city and today (October 29) in fact
marks the thirtieth anniversary of when I first went onto the Solicitors roll. So to be appointed today feels like perfect symmetry.
Two of the aims of the Leicestershire Law Society is to promote Leicester as a centre of excellence and to forge strong relationships with our local universities. My hope over the next twelve months is that we can continue to grow the relationships with both universities, to promote Leicester as a centre of academic and professional excellence. By working in collaboration, I hope we can continue to support the next generation of lawyers as well as having access to an amazing pool of talent to work in this city and the counties of Leicestershire and Rutland. As part of that, I hope to promote an initiative to secure 100 additional days of work experience from our member firms so we can provide more opportunities to students to experience a day in private practice.
We are a service industry and in very simple terms, we help people. Both as a society and as a profession, I want to create a positive image for what we do and the people we are. I plan to support two local charities which are at the centre of our community: LAMP, a mental health advocacy charity that supports people in need by giving them a voice. As well, YMCA
Leicestershire, which does incredible work in the fields of homelessness, particularly with young people, across this city. As part of the bicentenary celebrations of the national Law Society, I’m hoping that our focus on mental wellbeing will be part of the agenda for the national President when he is due to visit Leicester. I want our agenda to be part of the national agenda.
I am thrilled to introduce a new LLS pin badge celebrating the Society, and I was honoured to present the very first badges to Bhumika Parmar and Gina Samuel-Richards in recognition of their dedicated service to the Society.
Thank you for this opportunity to be President. I promise to represent you to the best of my ability.
You’re invited… Get these dates in your diary!
18 November Pizza & Prosecco Social at Veeno
26 November Networking for the Unnatural Networker at DMU
12 December Christmas Cocktail and Mocktail party at Knight & Garter
Find more information at leicestershirelawsociety.org.uk/ courses-events.
LLS EVENTS 2024/2025
18 NOVEMBER 2024
PIZZA AND PROSECCO AT VEENO
26 NOVEMBER 2024
DMU COLLABORATION:
‘NETWORKING FOR THE UNNATURAL’ WITH GUEST SPEAKER CHARLIE LAWSON
12 DECEMBER 2024
CHRISTMAS COCKTAILS (AND MOCKTAILS) WITH THE PRESIDENT
JANUARY 2025 PARK RUNS (OR WALKS) IN THE COUNTY
21 JANUARY 2025 MATRIX AT THE UNIVERSITY OF LEICESTER
13 FEBRUARY 2025 LLS CIVIC DINNER
3 APRIL 2025 THE LAW SOCIETY’S BICENTENARY CELEBRATION
6 APRIL 2025 WELLBEING HIKE IN THE PEAKS
10 APRIL 2025 SHORTLISTING EVENT
16 MAY 2025
LLS ANNUAL AWARDS HEADLINE SPONSOR SYNERGY
12 JUNE 2025 SUMMER GARDEN PARTY
JULY 2025 (CRAZY) GOLF DAY SPONSORED BY SYNERGY
SEPTEMBER 2025 LLS’ GOT TALENT
OCTOBER 2025 LLS IN THE COMMUNITY
Brenda Hale, Baroness of Richmond visits Leicester De Montfort Law School
Law students got the chance to hear from one of the UK’s top legal minds as Baroness Hale visited Leicester De Montfort Law School, De Montfort University (DMU).
Lady Hale, the first and only female president of the Supreme Court, delivered an inspirational Q&A talking about her career and answering questions from students and staff on topics ranging from Rwanda to assisted dying and the Human Rights Act.
She said: “I have thoroughly enjoyed meeting the students and answering their questions. I do this quite a lot and some of them asked questions I had not thought of before!”
Lady Hale has been a trailblazer for women in the legal profession. She was the first woman to be appointed to the Law Commission, where she helped introduce the Children Act 1989 which established children’s rights in the courts.
Asked about her proudest
achievement, she said: “I always think it is a close-run thing between the Children Act and some of my judgements, but I think being part of the team that shaped the Children Act would probably be the one which has had most impact.”
Lady Hale was a barrister and legal academic before becoming a recorder and then a judge. In 2017 she became the first female Law Lord, the first female Supreme Court justice, and the most senior judge in the UK. While at the Supreme Court, she delivered the landmark ruling that thenPrime Minister Boris Johnson had acted unlawfully in suspending Parliament.
Students at the Q&A said hearing her views had been inspiring. Terrie Covill, who is going into third year, said: “I have felt really excited ever since I heard about this. It was a great experience to hear from somebody with that much knowledge who has been such a figure in the law.”
Second year student Nifemi Adebayo said: “It was really inspiring to hear from her. As law students we have all read cases where she’s given a judgement. This is one of the most memorable moments of university for me. As a female student, she is someone I look up to and has made me see what I can do in law.”
The session was arranged by Associate Head of Law Brett Koenig ahead of the relaunch of the Leicester Community Advice and Law Centre which was sponsored by Leicester De Montfort Law School.
Brett said: “We are incredibly grateful to Lady Hale for joining us today. Her insights and experiences are invaluable, and her presence has undoubtedly inspired our students. It’s not every day that they get to interact with a figure who has shaped the legal landscape of our country. Thank you for giving us your time, your reflections, and for answering the questions we really appreciate it. The inclusion of CALS in the Law Centre Network amplifies our capacity to advocate for justice and equality on both local and national scales. This partnership will undoubtedly enhance the support we provide to our clients and strengthen our ability to address the significant legal challenges faced by many in our community.”
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Justice in modern society
‘Is English justice living on such a great name?’ asks Sally Barnett of 2 New Street, discussing a backlog of Crown Court cases through to the condition of court buildings
Historically society has assumed all must be well in relation to the institutions of justice particularly English criminal Justice and no less in the family Court system. This was because of a disinclination to be critical of such ‘great’ institutions.
In 1931, Claud Mullins In Quest of Justice speaks of ‘our criminal law and procedure, branches of our judicial administration in which there is not very much that needs improvement and which we are fully justified in claiming to be the best in the whole world’.
How true is this today? Is English Justice living on such a great name?
Confidence in the administration of Justice is crucially important but without criticism, however excellent, institutions become unhealthy and decay. There is a backlog of over 50,000 or so Crown Court cases, a very high rate of prisoners on remand and Court buildings in a poor state of repair. It may be shocking to read that in our local Court recently, a Court room was closed due to rain filling five buckets. This is not a one off!
The pressures are felt equally in the family Courts and there is a
heavy push to take cases out of Court as quickly as possible.
In the recently reported case of Re M (Children Contact in prison) 2024 EWCA Civ 1104 an appeal was allowed against the decision of Mrs Justice Lieven after she granted the father, who had been convicted of two counts of rape against the mother and was serving 12 years imprisonment, direct contact with the children during prison visiting. The decision was criticised for overlooking the gravity of the father’s offending and for the hearing only lasting an hour during which no evidence was heard. The Court of Appeal found that the Judge did not carry out the necessary evaluation of the factors in the welfare checklist for example.
In other words, the case was sadly rushed through without the necessary time and attention being given to it. Readers may indeed be shocked that such a decision was made in the lower Court. The positive aspect is that the appeal Court appears to have had little hesitation in correcting the decision but it highlights (yet again) the injustice that can be caused when cases are not properly heard. Equally the decision at first instance
served to portray an indifference to the domestic abuse element and Practice Direction 12J and suggested a lack of fair evaluation, sacrificed for speed and getting the case ‘out of Court’.
Alongside this, there is a danger more generally, of allegations of domestic abuse being reformulated as ‘mutual high conflict’ as a means to pressure parents to work together as ‘co-parents’ even when there is a background of domestic abuse. Time pressures and lack of resources squeeze the time available for family cases.
Whilst the encouragement to use ADR is essential, this recent appeal decision, will restore some confidence and strength back into the welfare checklist and PD12J.
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The Law Society Council member update
Law Society Council Member and Nexa Law Corporate and Commercial
Partner Steven Mather reviews his first year with the Council
It’s been nearly a year since I became a member of the national Law Society’s Council. Firstly, thank you for your support. I had huge shoes to fill taking over from the quite amazing Linda Lee, but hopefully I have brought a fresh approach to the role and to our local law society too.
As I write this, I am preparing to attend a two-day session of Council on October 8 and 9, following which will be the annual general meeting (AGM); I’ll update you about both in due course.
What the Law Society does for its members
Each quarter, the Chief Executive of The Law Society, Ian Jeffrey, publishes an activity report (which can be found in the summer 2023 issue of LLS Magazine via Cross Productions’ issuu.com profile) and it really demonstrates what The Law Society (TLS) does for its members in meeting its core objectives, which currently state:
1. We will promote the value of the profession and provide a compelling member offer
2. We will protect the justice system and make sure it applies to everyone equally
3. We will maximise our potential
by growing our commercial reach, by being efficient and sustainable
4. We will be an employer of choice for people who want to make a difference
Defending our profession
Since the last magazine, the President of TLS took urgent steps to defend our profession. Thirtynine solicitors’ firms and advice agencies working in immigration and asylum law were on a list of targets for rioting by the far right. TLS got involved with the Prime Minister, Home Secretary and local police forces to ensure the threats were treated with utmost seriousness. Thankfully, these attacks did not materialise. However, these threats against our legal profession were an attack on democratic values.
President Richard Atkinson’s themes for the year
At the AGM, we will say goodbye to Nick Emmerson as President and welcome Richard Atkinson to the role. Richard has set out three key themes to his presidency:
Justice Matters - A wellfunctioning democracy depends on the rule of law and access to justice, which create legitimacy and accountability of government for the people, as well as acting
as the beating heart of the UK’s international reputation.
Pride in the Profession - Our members are proud of being solicitors. The work that solicitors deliver makes a huge difference to people’s everyday lives, helping us navigate the legal system to access justice. We serve all corners of the country and are fundamental to the operation of society.
Celebrating 200 Years
of
the
Law Society - As we celebrate our 200th anniversary in 2025, we should use this opportunity to look ahead to what our profession may look like over the next 200 years, as well as acknowledging those that have shaped the last 200 years.
The Local Law Societies Conference
I hope those of you who were able to join the recent Local Law Societies Conference online enjoyed it and got value from it. I know TLS are keen to put on future conferences too. Do let them have your feedback.
There are constant issues, of course. We have recently had the LSB confirm they are content for the SRA to hike our practising certificate fees massively,
which will hit many small firms. Meanwhile, the SRA are proposing to extend its fining powers. There are issues with the SQE exams (not least whether they are fit for purpose, but also its pass rates etc), the Post Office scandal, the Axiom Ince report due, the future of Form TM6 in conveyancing and much more besides.
At next week’s meeting we will be discussing many of these issues. We’re also set to discuss and approve the Law Society’s Business Plan for 24-25, its budget and lots more (its 236 pages of pre-reading!). The new Government brings with it a raft
of new or changed legislation proposals, and TLS also play an important role in ensuring justice for all but also representing our members interests.
Your voice in the National Council
For me, as I’ve said before, I see my role as being your voice in the National Council. If there are issues you are facing, of any kind, do get in touch. I’d love to meet and discuss, and hopefully I can raise the points nationally and see how The Law Society might help. You can always contact me by email steven@stevenmather.co.uk.
If the cap fits…
How law firms can help ensure their liability caps will be effective
There is no particular magic to a law firm’s engagement letter or terms of business; they are designed to set out the terms agreed between two parties and are accordingly subject to the ordinary rules of contractual interpretation. However, when seeking to agree terms with clients, law firms in addition need to consider their regulatory obligations.
It is common practice for law firms to attempt to limit their liability by including a cap in their terms of engagement which endeavours to put a maximum figure on what the law firm can be required to pay in the event of a claim.
Liability caps are expressed in different ways, usually by setting out a specific figure, using a multiple of the fees charged, or with reference to the firm’s insurance cover. An effective liability cap should have several benefits: reducing the law firm’s loss in the event of a claim (with a consequential improvement in the firm’s claims record), deterring exaggerated claims, and (if a claim valued in excess of the cap does arise) allowing a Part 36 offer to be made which may have an increased prospect of success. Moreover, even if a claim is not taken to Trial, a properly drafted liability cap can act as a settlement lever in negotiations.
Whilst liability caps are therefore of potentially significant benefit to the firm, we regularly see instances where the wording or approach to incorporating a cap
creates a serious risk of it being held to be ineffective or, at the best, subject to rigorous and credible challenge. What can firms do to increase the prospect of a liability cap being effective? And what balance needs to be struck between imposing an effective liability cap and the regulatory obligations of firms in relation to how they treat their clients?
Statutory framework
Generally speaking, a liability cap will be found to be effective provided that it is fair/reasonable. Whether a cap is fair/reasonable requires consideration of each engagement on a case-by-case basis. However, the statutory framework provides some insight into how a liability cap will be judged. There are two primary statutes which apply to law firm engagement terms; Consumer Rights Act 2015 and Unfair Contract Terms Act 1977, which one is relevant depends on the nature of the client.
Consumer Rights Act 2015
(“CRA”)
A client will be a consumer under the CRA where they are ‘an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.’ The CRA provides, that in relation to retainers with consumers, liability can be restricted by way of a cap provided that the cap is not lower than the firm’s fees for the matter and is “fair”.
To be “fair” the cap must comply with the requirement
of good faith; it must not cause a significant imbalance in the parties’ rights and obligations under the contract, to the detriment of the client.
Unfair Contract Terms Act 1977 (“UCTA”)
We regularly see Claimants relying on UCTA with a view to trying to undermine a liability cap in a law firm engagement letter.
UCTA applies to business contracts and provides that a firm can limit, exclude, or restrict its liability for negligence by way of a contract term (e.g., a liability cap) provided that the “requirement of reasonableness” is satisfied. The Court will consider whether a contract term is a fair and reasonable one having regard to the circumstances of the parties at the time that the contract was made. A further consideration of UCTA is the resources of the parties and their ability to obtain insurance to protect themselves.
Again, therefore, whilst the wording of each retainer will need to be judged on a case-by-case basis, UCTA guidelines provide that the following considerations will be taken into account:
• The strength of the bargaining position of the parties – a client who has a strong bargaining position (for example, a corporate entity which directs numerous instructions to the same firm) will be considered more likely to have been able to negotiate any liability cap, and accordingly will be
more likely to be deemed to have accepted it as being reasonable.
• Whether the client received an inducement to agree to the cap or had an opportunity to engage another firm without having to accept the cap.
• Whether the cap was brought explicitly to the client’s attention – this does not necessarily need to have been discussed in person; a clear reference to the existence of the liability cap in the covering email or letter may be sufficient.
• Where the clause would be effective based on compliance with a particular condition, whether it was reasonable at the time of making the contract to expect that compliance with that condition would be practicable.
• The level of a firm’s insurance cover (in comparison with the proposed liability cap) and whether the parties could have obtained additional insurance cover elsewhere.
The onus of proving the reasonableness of a liability cap is on the party which seeks to rely on it. This test is discretionary, and if the Court concludes that a cap is not reasonable it will not impose a substitute clause.
Therefore, a firm wishing to rely on a liability cap should be able to justify its implementation, and the level at which it is set.
Regulatory framework
The SRA Standards and Regulations (“StaRs”) require that clients should be treated fairly and that solicitors must not take unfair advantage of clients. To avoid a regulatory issue when trying to impose a liability cap, it is essential that firms:
• Ensure that any limitation of liability is fair and reasonable in light of the specific circumstances of the client, including that it reflects the nature of the engagement.
• Ensure that any liability cap reflects the balance of power between the parties and their respective knowledge.
• Communicate the liability cap to the client so that they can understand its impact and so that they can ensure that they are able to make informed decisions about the services they need, how their matter will be managed, and the options available to them.
In any event, a liability cap cannot be lower than the level of cover mandated by the Minimum Terms and Conditions (for LLPs this is £3 million, and it is £2 million for other firms), as that would undermine the very purpose of the Minimum Terms.
Case law
As noted above, whether or not a liability cap will be effective will depend on the circumstances of each case. However, there have been a number of cases which consider the reasonableness of liability caps and which therefore provide some guidance as to the Court’s approach to determining whether or not a liability cap will be effective. Whilst a number of these relate specifically to liability caps in solicitors’ retainers, there are cases involving other professionals or contracts which are nonetheless illuminating as to how the Court may determine whether a liability cap will be effective.
Gilbert-Ash v Modern Engineering [1974] AC689
The seminal decision stated that a party relying on an exclusion clause “must establish that the words show a clear intention to deprive the other party of a remedy to which he would
otherwise be entitled”. The Court held that this was due to a presumption that neither party intends to abandon any possible remedies in law, and that “clear words must be used in order to rebut the presumption”.
Marplace v Chaffe Street [2006] EWHC 1919
A cap of £20 million was held to be reasonable, under the UCTA test of reasonableness, where the firm had £20 million of Professional Indemnity cover. The Court considered that the relevant factors were that the Claimants were sophisticated and wealthy, and that they were used to engaging professionals on the basis that the terms of engagements included limitations of liability. The Claimants were also made aware of the cap.
Hirtenstein v Hill Dickinson LLP [2014] EWHC 2711 (Comm)
Albeit obiter, in this case the Court made clear that (had it been required to determine the issue) it would not have found the liability cap (of £3 million) to be effective. The solicitors had failed to show that it was reasonable to limit their liability to that sum. Furthermore, the solicitors did not bring the liability cap specifically to the Claimant’s attention, and the retainer letter with annexed terms and conditions was sent too late in a time-pressured matter.
Persimmon Homes Ltd v Ove Arup [2015] EWHC 3573
The Court reflected the principle that, for commercial certainty, full effect should be given to the allocation of risk expressly agreed by parties, in a fully negotiated commercial contract. Both parties were capable and astute, and so the terms were agreed knowingly by both parties. The Court accordingly determined that the liability cap in this case was enforceable.
Hawksford Trustees Jersey v Halliwells [2015] EWHC 2996 (Ch)
In this case, Halliwell’s terms of business limited liability for claims in breach of contract or negligence to £3 million. The Claimant submitted that the clause was unreasonable, as the solicitors’ insurance cover was £150 million. Albeit again obiter, the Court emphasised that the onus of proving the reasonableness of a clause, under UCTA, rested with the party which intended to rely on it. The Judge concluded that, had he been required to determine the issue, he would have found that the cap was reasonable (applying the UCTA test) because the parties were “sophisticated and experienced commercial players”, and that the Claimant knew that the solicitors would probably seek to limit their liability. Furthermore, the cap was not so absurdly small so as to be inherently unreasonable and the parties should be free to apportion the risks as they considered appropriate.
Lyons v Fox Williams [2016] EWHC 2427 QB
It was not necessary for the Judge in Lyons to consider whether a limitation of liability clause in a retainer applied. However, obiter, the Judge observed that it would have been a considerable challenge for the solicitors to discharge the burden of proving reasonableness under UCTA, in the absence of evidence which related to whether or not it could have obtained insurance at a higher level.
Drax Energy Solutions v Wipro [2023] EWHC 1342 (TCC)
In Drax, the relevant clause attempted to insert a single aggregate cap applicable to all claims, but unclear drafting led to it being argued that there were multiple caps applicable to each claim. Here, the Court stated that the starting point was the natural
and ordinary meaning of the language in the clause. Whilst the claim was successfully defended, and a single aggregate cap was applied, Drax serves as a warning of the need to ensure clarity when it comes to drafting clauses which purport to limit a party’s liability.
Innovate Pharmaceuticals
Limited v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC)
In this very recent decision, the Court held that a liability cap of £1m was effective and reasonable under UCTA due to the fact that the terms were negotiated by a solicitor and –importantly – because the value of the claim compared to the value of the payments made under the contract “underlines the commercial reality, perhaps necessity, of the two [limitation of liability] clauses.” It was also held that the limitation of liability clause was effective even in relation to allegedly dishonest breaches of contract.
As can be seen from these examples, the Courts have taken a fact-specific approach to applying the reasonableness test pursuant to UCTA. The case law also emphasises the importance of the parties’ respective standing and sophistication.
Practical steps to improve the prospects of an effective liability cap
Law firms can take various steps to help improve the prospects of a liability cap being deemed to be effective:
• Drafting should be unequivocal and clear. It is useful to include:
- Clear wording to reflect who is being advised and regarding what;
- A clear and express reference to the liability cap limiting claims in negligence; and
- A cap expressed in figures, instead of with reference to a multiple of the fees charged, which
may lead to uncertainty.
• The cap should be in writing and must be properly incorporated into the contract.
• The existence of the cap should be explicitly drawn to the client’s attention – to allow them to consider, negotiate, or consent to the cap – either in the covering email or letter, or in an in-person meeting (which should be recorded in a contemporaneous note).
• The client should be advised as to the significance, applicability, and the manner in which the cap might operate.
• Ideally, the client will be required to return a signed copy of the engagement letter before work commences.
• Any proposed variation of the liability cap should be clearly recorded in writing, including the reasons for the change.
• An arbitrary approach to caps should not be adopted. The cap should reflect the financial risk that may arise if a retainer were to be negligently performed.
To cap it off
Liability caps are a key method of risk mitigation for law firms. They can be effective in limiting claims, may be attractive to insurers when it comes to renewal, and are subject to reasonably wellestablished judicial principles. However, there are various steps that firms should take in order to increase the likelihood that a liability cap will be upheld and each retainer should be considered on an individual basis.
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Nam Qureshi, Vice President, FINPRO,
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Welcome to our two new law school heads
Christl Hughes MBE, LLS Committee member and two-times President introduces the two new Heads of our local Law Schools
Professor Carlo Panara took office as Head of Leicester University Law School on 1st August 2024. Born in Italy and called to the Bar in 2023, he previously served as Director of the School of Law at Liverpool John Moores University. He has also conducted research and taught at the Universities of Hull, Perugia (Italy), and Tübingen and Heidelberg (Germany). During his tenure at Liverpool John Moores, he established a strong research culture and expanded the Law Clinic, which grew to become one of the largest in Europe.
The University of Leicester achieved Gold status in the 2023 iteration of the Teaching Excellence Framework (TEF) and has performed exceptionally well in recent UK university rankings. It was also named University of the Year 2024
by the *Daily Mail* and shortlisted for University of the Year by *Times Higher Education* (with the winner to be announced in November 2024).
Professor Panara now aims to expand the Law School’s activities for both undergraduate and postgraduate students. With approximately 760 first-year students, most of whom aspire to become solicitors, his plan is to continue offering a solid grounding in core legal subjects such as Contract, Tort, Criminal, and Constitutional & Administrative Law. Additionally, he seeks to expand externally focused curricular and extracurricular activities, including the Legal Advice Clinic and other pro bono work.
Professor Panara is also keen to promote mooting competitions, work
experience programs, career and networking events, and strengthen relationships with the local Bar, judiciary, and external partners. He has already attended the Patrons’ Lunch, and we look forward to working with him.
Born and bred in Coventry, Alan East is a non-practising Solicitor-Advocate with experience in riminal litigation and prison law. Admitted as a Solicitor on 15th October 2003, he launched his career in private practice in 2004 at what was then Dodds & Partners at 32 Friar Lane. He later diversified his career by joining the CPS as a District Crown Prosecutor. Since 2016, he has served as the geographical Council member for Warwickshire at The Law Society, Chancery Lane. As Chair of the Education and Training Committee, he was heavily involved in the implementation of the SQE. Alan was also the President of the Warwickshire Law Society in 2015.
After enjoying providing training for
CPS colleagues and the Police, Alan joined higher education in 2010 and has built an international reputation as an innovator and disruptor in legal teaching, learning, and assessment. For example, he pioneered the use of mobile remote telepresence devices with international partners and introduced one of the first mooting programmes where law students represent claimants at an actual Tribunal in front of a real Judge.
In 2023, he was awarded a National Teaching Fellowship by Advance HE for his contribution to legal education. In addition to attending the Patron’s Lunch, Alan also joined us on the recent Leicester Legal Walk (albeit injuring his foot and needing to use a
walking stick for four days afterward!). We wish him well in his new post on the beautiful DMU campus.
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Leicester family team strengthens mediation service as demand increases
Specialist family lawyer Gayle Rowley at leading Leicester firm Nelsons has received full accreditation as a mediator with the Family Mediation Council, adding to the continued success of the Leicester family team.
With alternative dispute resolution (ADR) for divorcing couples on the rise, as well as recent changes to the Family Procedure Rules (FPR) to further enforce out-ofcourt resolution options, Gayle’s accreditation marks an important step for the firm’s services.
Gayle, who became partner in 2023 and subsequent head of the Leicester family team, has been an active mediator for several years, and has spoken openly about supporting clients to resolve their issues outside the court system.
Gayle said: “We have seen an influx of mediation enquiries, so the feeling is, this option has certainly become more popular and a good way to avoid costly and stressful court proceedings.
“While this accreditation is an important recognition of my expertise and skills in this area to support clients, the entire family team at Nelsons is supportive and encouraging of ADR and mediation as well as collaborative law, which is another service Nelsons offers.
“Courts are still exceptionally busy, and while it may be the best option for certain cases particularly those involving domestic abuse, many families are acutely aware of the impact on children and other relationships. There has also been more discussion around child inclusive mediation, which allows children aged 10 or over to be involved in the process and to express their feelings in suitable cases.”
The Leicester family team celebrated further success with Naomi Bond winning junior solicitor of the year at the Leicestershire Law Society Awards earlier this year.
Gayle added: “Naomi is a great representation for Nelsons and our fantastic Leicester family team – between us there is more than 100 years’ combined law experience, encompassing a range of specialisms.
“We all work extremely well together and even with our individual cases we will collaborate or discuss complexities to ensure our clients are given the best support possible. It’s a privilege to work with such a team and I am keen to develop it further, supporting them as they continue to progress.
“Alongside all of our services, Nelsons strives to empower clients
through both legal advice and practical support delivered with sensitivity and recognition when clients may need additional support services that can help at what can be a very difficult time.”
To speak to one of Nelsons’ family law solicitors about mediation, please visit nelsonslaw.co.uk/ mediation-for-divorce-separation. For more information on Nelsons, visit nelsonslaw.co.uk.
Join the Leicestershire Law Society
If you want to find out more contact our Office Manager, Charlotte Anderson Dilkes at office@leicestershirelawsociety. org.uk
Some of the benefits are:
• Opportunities to attend networking events
• Meeting others from the local legal and business community
• Free subscription to electronic newsletters
• Opportunity to join and participate in sub-boards
• Consult with The Law Society and represent on local matters
• Receive discounted rates on CPD seminars/courses
• Receive discounts from local retailers and restaurants
Join the Leicestershire Law Society as a Sub-Board Member!
Are you ready to make a difference in the Leicestershire legal community? The Leicestershire Law Society is seeking dynamic, motivated individuals to join our Sub-Boards. This is your chance to play a vital role in shaping the future of the legal profession in our region.
As a Sub-Board member, you will:
- Collaborate with like-minded professionals
- Support initiatives that enhance the practice of law
- Gain valuable leadership experience and expand your professional network
- Influence decisions that impact our legal community
Whether you’re a seasoned practitioner or an emerging leader, we welcome diverse perspectives and backgrounds. If you’re passionate about advancing the legal field, we want to hear from you!
Apply today to join one of the LLS Sub-Boards, which drives innovation and excellence in law.
Leicestershire Law Society – Championing Our Legal Community Together
For more information contact Charlotte at office@leicestershirelawsociety.org.uk.
Charlotte Anderson Dilkes Office Manager
Freeths advises on acquisition of TGI Friday’s
Freeths has provided legal advice to Breal Capital and Calveton Group on their recent acquisition of the business and certain assets of Thursdays (UK) Limited, which operates under the globally recognised brand, TGI Friday’s
This acquisition represents a strategic move, safeguarding a significant number of UK-based TGI Friday’s venues, which will help preserve over 2,000 jobs in the hospitality sector across the country. TGI Friday’s is a wellestablished name in the industry, and this acquisition ensures the continuity of its operations and further strengthens its presence in the UK market.
The deal underscores Breal Capital and Calveton Group’s ongoing investment in the hospitality sector, following other significant acquisitions, including their purchase of the D&D London Group over the past 18 months. The acquisition of TGI Friday’s further solidifies their commitment to supporting and enhancing the performance of iconic brands in the sector.
John Jeffreys, Client Partner at Freeths, took the lead on this complex transaction. Commenting on the deal, he expressed satisfaction in working closely with Breal Capital and Calveton Group to ensure the successful completion of the acquisition. Jeffreys emphasised the importance of the transaction in preserving jobs and enabling TGI Friday’s to embark on a new chapter with the support of fresh capital and the strategic guidance of Breal and Calveton.
He further extended his gratitude to key individuals involved in the transaction, including Brent Osborne, Mick Welden, Toby Osborne, and Sam Bevan from Breal Capital, as well as Sandeep Vyas from Calveton Group. Their trust in Freeths played a crucial role in ensuring the successful delivery of the acquisition.
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This transaction not only highlights Freeths’ expertise in handling complex legal matters in the hospitality sector but also showcases their continued partnership with Breal and Calveton, strengthening their standing in the market as leaders in facilitating major acquisitions.
Leicester Community Advice and Law Centre gains Law Centre status
The milestone was celebrated at a dedicated event at which Lady Hale spoke of the charity’s new position
A legal advice charity which has been helping people in Leicester and Leicestershire to resolve their legal problems for the last 45 years has become a Law Centre. It joins a prestigious national network of specialist legal advice agencies that support some of the most vulnerable and disadvantaged people in society.
Leicester Community Advice and Law Centre (formerly known as ‘CALS’) applied for Law Centre status last year and its application was unanimously approved in a ballot of existing members of the Law Centres Network. It becomes the forty-third member of the Network, which campaigns for equal access to justice for all, lobbying at both local and national levels to policymakers and Government.
Liz Chahal, Chief Executive Officer of the Law Centre, said: “Becoming a Law Centre is a hugely important milestone for CALS. It consolidates our reputation as a provider of high quality, specialist legal advice, and being part of the national network of Law Centres will undoubtedly make our voice stronger when it comes to advocating for our clients.”
The landmark moment was marked at a special event to celebrate the charity’s new status with a keynote address from Baroness Hale, the first-ever female President of the Supreme Court and member of the House of Lords, in front of a packed audience.
Lady Hale said: “The Law Centre movement is the rule of law in action. Courts and tribunals are not as accessible as they should be. The justice system, under austerity, saw a greater level of cuts than any other department. The work which CALS does in supporting those most vulnerable to access their legal rights, is vital.”
Leicester City Mayor, Sir Peter Soulsby, also spoke at the event, and welcomed the establishment of the new Law Centre as a positive development for the local community.
The Law Centre, based in Epic House, Leicester, offers independent, confidential advice, casework and representation on a range of social welfare issues. Last year it helped people struggling with £16.2m in problem debt and put nearly £2.8m back in the pockets of residents.
Its services include:
• Specialist legal advice on debt, housing, welfare and benefits
• Representation at Leicester County Court and at tribunals
• Specialist immigration advice
• Outreach services at community venues to reach vulnerable clients
• Specialist energy advice
Lord Willy Bach is Chair of the Board of Trustees for the Law Centre, and a longtime campaigner for legal aid. He said: “There are shameful advice deserts across England and Wales. Advice centres have a
record of helping people at a time in their lives when they most need it.
“This is a big step for Leicester Community Advice and Law Centre and one which we hope will help us continue to deliver for all our clients who desperately need legal help but cannot afford it. It is also an enormously positive development for the local community, and we are delighted to be able to establish a Law Centre in Leicester once again.”
The launch event was held at De Montfort University Leicester (DMU), as Deputy Head of DMU Law School, Brett Koenig, is a trustee of the new Law Centre. He said: “Becoming a Law Centre will undoubtedly enhance the support we provide to our clients and strengthen our ability to address the significant legal challenges faced by many in our community.”
6 key trends shaping legal recruiting
Strategies for attracting and retaining top legal talent are evolving. Gavin Dilkes, Managing Director at specialist recruitment firm Synergy Personnel Services Leicester highlights some of the latest trends driving legal recruiting
1. Emphasis on diversity, equality, and inclusion (DEI)
One of the most prominent trends in legal recruiting is the increased emphasis on diversity, equality, and inclusion (DEI). Law firms and corporations are delivering innovative solutions and understanding a broader range of client needs. DEI initiatives are no longer optional; they are integral to the recruiting process. Firms are actively seeking candidates from underrepresented backgrounds and creating inclusive environments that support the success of diverse hires.
2. Remote and hybrid work models
Remote and hybrid work models have become the norm, with many law firms and legal departments offering flexible work arrangements as a key perk to attract top talent. Candidates are increasingly valuing work-life balance and the ability to work from anywhere, making remote work options a significant factor in their job decisions. Legal recruiters are now tasked with finding candidates who can thrive in a remote environment while maintaining productivity and collaboration.
3. Demand for specialised legal skills
Areas such as cybersecurity, data privacy, environmental law, and intellectual property are seeing increased activity, and firms are looking for candidates with
deep expertise in these fields. Additionally, the rise of technology in legal processes, including the use of artificial intelligence and legal tech tools, is driving demand for attorneys who are tech-savvy and can navigate these new tools. Legal recruiters are focusing on finding candidates with niche expertise who can address the unique challenges faced by their clients.
4. Focus on candidate experience
We are paying close attention to how candidates perceive the hiring process, from initial contact to final offer. A streamlined, transparent, and respectful recruitment process can significantly enhance a firm’s reputation and increase its chances of securing top talent. This trend reflects a broader shift toward a candidate-centric market, where job seekers have more power and choice. Firms that invest in a positive candidate experience are more likely to stand out in a crowded market.
5. Use of data and analytics
Legal recruiters are increasingly using analytics to identify trends, predict hiring needs, and assess candidate fit. By leveraging data, recruiters can make more informed decisions, reduce biases, and improve the efficiency of the hiring process. This trend is also helping firms measure the success of their recruitment strategies and refine their approaches over time. The use of AI and machine
learning in recruitment tools is further enhancing the ability to analyse candidate data and streamline the hiring process.
6. Increased mobility and lateral hiring
Lateral hiring has become a key strategy for many law firms, especially those looking to quickly build expertise in new practice areas. The legal industry is seeing increased mobility, with solicitors more willing to move between firms or in-house roles for better opportunities, higher compensation, or a different work environment. This trend is driving us to focus on attracting midlevel and senior attorneys with established books of business or specialised skills.
Where there is a Will, there is possibly another way
Words by Rachel Ryan, Senior Technical Specialist, updated by Andy Goulter, Wealth Management Consultant
There has been a long-standing assumption that a mirror Will is the most practical way for married couples or civil partnerships to leave their assets on death. As there is no inheritance tax (IHT) chargeable on the transfer of assets from one spouse to another, it allows individuals to pass their whole estate to the survivor, making it relatively straightforward.
This status quo in Will planning is in part due to the transferable nil rate band (NRB), which was introduced in October 2007 and the equally transferable residence nil rate band (RNRB), introduced in April 2017.
Providing the deceased did not make any gifts within the seven years prior to death, their full NRB allowance of £325,000 can be passed to the survivor, meaning they have the combined ability to transfer £650,000 to their beneficiaries without tax. IHT of 40% is then applied to any remaining funds or assets not qualifying under any separate exemption.
Unlike the NRB, the RNRB of up to £175,000 per person has certain restrictions, ensuring residential property is only left to direct descendants. In addition, the total value of the estate affects the
amount of the allowance, with estates over £2m having this benefit tapered by £1 for every £2 over the threshold. This means anyone with over £2.35m will not benefit, although upon second death the taper level is increased to £2.7m.
It is easy to see why a mirror Will has been the typical family’s preferred option until now, as these dynamics are mostly aligned with the Government exemptions and for many it is simple to understand.
However, in the current climate of tax changes and freeze announced by the new Labour Government with a focus on IHT, the impact of higher interest rates, and with frozen NRB and RNRB allowances, some of our clients are starting to wonder whether there is a better way.
HMRC IHT receipts increased from £5.33bn in 2020/21 to circa £7.5 billion in 2023/24 (Statista). This increase is caused by the simple fact that people’s asset values are increasing while the thresholds are not. According to the Office for National Statistics (ONS), the average house price in April 2017 (when the RNRB was introduced at £100,000) stood at £218,642. This
has now increased by just over 30% to £285,000 (December 2023).
Due to these economic changes, perhaps it is time to consider couples who are either married or in civil partnership and holding assets equally during their lifetime to have more of a chance that each individual’s estate upon first death is below the £2m, which would preserve the valuable transferable RNRB for use on second death.
Another simple move would be to consider gifting the assets upon first death that are likely to continue to increase in value in order to utilise the NRB, therefore transferring funds sooner and avoiding potential further IHT being applied on any further growth. It feels like we are heading back in time now, with higher interest rates and old planning methods becoming more fashionable again, even with a vastly different and volatile legislative back drop.
All content correct at time of writing
And now for something completely different…
The rise of the McKenzie Friend, an affordable alternative to traditional family solicitors
In 2023, the Family Court opened an astonishing 251,000 new cases, and as of September 2024, CAFCASS (Children and Family Court Advisory and Support Service) reported handling 28,050 child cases involving 45,445 children. Of the cases moving through the family court system, 40% involve individuals with no legal representation.
These litigants, choosing to represent themselves or due to financial constraints, are increasingly relying on an alternative form of support: the McKenzie Friend.
The role of the McKenzie Friend has surged in prominence, and with that rise, some concerns are being raised. One individual in particular has voiced apprehension over this growing trend.
Daniel Ryan of McKenzie Picave, a professional McKenzie Friend practice said: “My concern is a very simple one. As McKenzie Friends are unregulated and require no formal qualification, the quality is mixed to say the least. The Friends population seems to fall into three groups – the genuinely competent, the soapbox orators and the floundering.
“My team have all undergone training in Family Court protocols and procedures so we provide a service to our client which aligns itself to the professionalism of a legal firm and better in some cases. Parties coming to Court do not have the financial resources to instruct a firm of solicitors and they need a viable alternative. We provide that.”
McKenzie Picave is a professional McKenzie Friend practice with a twist. In addition to a team of McKenzie Friends spread across England & Wales, the practice also has instant access to a consultant Court approved mediator, a consultant solicitor and a consultant barrister.
Daniel added: “We look to provide our clients with a value for money offering but that is not at the expense of the quality of the support we offer. Having the consultants onboard means we can give our clients access to traditional legal representation in a measured way.
“It is not unusual to see me and either our solicitor or barrister in court at the same time. In a Family Court system, which is on its knees, we bring an innovative approach to secure best outcomes.”
Daniel launched McKenzie Picave when he became aware of a number of people who were in family proceedings but drowning. He decided there should be a professional, competent, compassionate support product available to those who are faced with having to sink or swim.
The multi-award-winning practice prides itself on being staffed by people dealing with people. For a small practice, they are working with over 120 clients with approximately 25 of those clients being supported on a pro-bono basis.
Daniel concluded: “The business has commercial needs but that never
gets in the way of the clients, the people who are in our hearts.”
McKenzie Picave is currently gathered around the drawing board shaping a new product which will launch in early 2025 in the Family Court marketplace. The practice believe it will empower parties heading towards Family Court like never before. Watch this space.
Those in need of a McKenzie Friend can contact McKenzie Picave on 0116 350 0892 and info@mckenziepicave.com. Visit mckenziepicave.com for more guidance.
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The value of a professional website for legal firms
A well-designed website is critical for legal firms, yet many solicitors still underestimate its value. A website is far more than just an online brochure; it’s a key tool for attracting clients, establishing credibility, and standing out in a competitive market. Company Director at Trident, Adam Burrage explains
A professional website is indispensable for legal firms. It serves as a virtual front door, providing potential clients with their first impression. A website showcases expertise and credibility, enhances client engagement, streamlines communication, and sets a firm apart in a competitive market.
Planning a professional website
A successful website starts with thoughtful planning and professional design. A wellstructured site tailored to a legal firm’s specific needs not only reflects professionalism but also builds trust with potential clients. Features such as clear navigation, engaging content, and mobile responsiveness ensure that visitors can easily find the information they need. A professionally designed website signals a commitment to quality, helping to convert visitors into clients.
The importance of fast loading times
Fast loading times are essential for user experience and search engine optimisation (SEO).
Users expect websites to load quickly—ideally within two to three seconds. If a site is slow, potential clients may leave, resulting in missed opportunities. Additionally, Google considers page speed when ranking websites, meaning a slow site can harm your visibility online. Ensuring your website loads quickly not only enhances user satisfaction but also improves your chances of appearing higher in search engine results.
SEO and Google Ads: Driving traffic and leads
SEO is a long-term strategy that helps your website rank higher in search engine results, making it easier for potential clients to find you. By optimising your site with relevant keywords, quality content, and technical improvements, you gradually build authority and attract organic traffic. However, SEO takes time to deliver results.
In the meantime, Google Ads can provide immediate visibility and lead generation. By targeting specific keywords and audiences, Google Ads can drive traffic to your website quickly, offering a short-term solution while your
SEO efforts gain momentum.
A well-designed, fast-loading website is vital for any legal firm aiming to succeed online. By combining a strong SEO strategy with targeted Google Ads, solicitors can attract more clients and maintain a competitive edge in the digital landscape
You can find out more at wearetrident.co.uk
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Testimonial from Greg Hollingsworth
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For a few years now, my “Go To” for holiday planning has been Sarah Chapman of Designer Travel. Sarah can tailor holidays to how you want them, from a luxury all-inclusive holiday in Greece, a city break, a train journey through Transylvania or a three centre USA tour, Sarah can do it all. These are just some of the trips Sarah has arranged for me and friends. Every time, I have been impressed with how Sarah makes sure that everything is taken care of.
Sarah will tailor your holiday so it is exactly how you want it, but also making suggestions to make it extra special. And if you are stuck for idea, Sarah provides endless ideas on her social media feed an excellent service, tailoring
All the pre-holiday administration is taken care off: all you have to do is to remember to enjoy yourself.”
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20 years of tailored IT solutions and community impact
For over 20 years, Kazzoo’s mission has been straightforward: to deliver flexible, reliable, and high-quality IT support that allows clients to focus on what they do best and support Leicester’s community
Founded in 2003, Kazzoo IT has been a trusted provider of bespoke IT solutions for small and medium-sized businesses across Leicestershire and the East Midlands.
“We know that every business is unique, and so are its technology needs,” says Chris Cain, Company Director at Kazzoo IT. “That’s why we always take a personalised approach to each client relationship. Whether you need us to act as your full IT department or just to support your existing team, we adapt to your business, ensuring that your technology works for you — not the other way around.”
In 2024, Kazzoo IT made an exciting move to The Dock in Space City, a cutting-edge hub that houses some of the region’s most innovative businesses. This relocation is more than just a change of address – it’s a step forward in Kazzoo’s ability to provide the latest in IT services to their clients.
“The Dock is the perfect environment for us to keep delivering the top-notch IT support that our clients rely on,” explains Chris. “Being part of such a vibrant, forwardthinking community allows us to collaborate, grow, and stay at the forefront of technological advancements. This means we can help our clients make
a smooth, efficient transition towards adopting the latest innovations in IT.”
Kazzoo IT’s reputation isn’t just built on their expertise; it’s built on their commitment to trust, communication and transparency. Chris emphasises that this is what truly sets them apart from other IT providers: “We don’t just fix problems as they arise. We proactively work to prevent issues, continuously improve processes, and keep businesses secure. It’s about creating a long-term partnership, not just offering a quick fix.”
The values that guide Kazzoo IT also extend to the community. In 2024, the company proudly supported three incredible charities: Alex’s Wish, Leicester
Hospitals Charity, and Hope Against Cancer. In May, through collective efforts, the team raised an impressive £10,500 for these causes.
“Giving back is part of who we are,” says Chris. “We’re proud to support these organisations and help make a difference in our community.”
As businesses face the upcoming end-of-life date for Windows 10 in October 2025, Kazzoo IT is ready to assist with the transition. “It’s more important than ever for businesses to be prepared for this shift,” notes Chris. “Our team is fully equipped to help you navigate the change, ensuring your business remains secure and up to date.”
Book review: Sister in Law by Harriet Wistrich, Transworld Publishers 2024
Christl Hughes, LLS Committee member and Past Chair of Association of Women Solicitors London, reviews Sister in Law:
Shocking true stories of fighting for justice in a legal system designed by men
Born in 1960 and admitted as a solicitor in 1993, radical feminist Harriet Wistrich worked for many years for civil liberties firm Birnberg Peirce in Camden Town, and is a founder of the feminist law reform campaign group Justice For Women (JFW). This book doubles as both her own professional biography and an account of some of the major miscarriage of justice cases in which she was involved.
Stories are recited of several groundbreaking legal victories with JFW challenging and taking on for example the Metropolitan Police, the Parole Board, the Crown Prosecution Service, the press and TV media, the Prison service. A former litigator myself, I recognised the challenges of taking on any Court case (a slow, bumpy, expensive, unpredictable ride not necessarily ending in victory!), and how faced with
that, the author’s tenacity and determination shone through the drama of some of the most appalling miscarriages of UK justice.
High profile cases taken on by JFW listed on the website include Sara Thornton, Sally Challen, and Kiranjit Ahluwalia to name but a few. I would strongly recommend this book to anyone seeking to ‘make a difference’. Christl Hughes
DMU launches Practical Legal Education initiative
DMU Law School is proud to announce the launch of its new practical legal education initiative, the Law Lab, aimed at equipping students with essential skills and knowledge required to excel in the legal profession.
The Law Lab demonstrates DMU’s commitment to developing tomorrow’s lawyers using experiential learning. The strategy has been designed to bridge the gap between theoretical knowledge and practical application. The Law School aims to prepare its students for the complexities and challenges of modern legal
practice by strengthening power skills, enhancing connection and providing community support.
Recently appointed, Sharan Sandhu, Director of Practical Legal Education has commented: “I am passionate about Practical Legal Education and developing tomorrow’s lawyers, this initiative is dynamic, exciting and will support our students to excel at everything they do! It is being launched with energy and the entire school have been fantastic in co-designing it.”
The Law Lab will have five arms, the Justice Clinic (working
collaboratively with pro-bono clinics, mediation providers and law firms); DMYou (the events arm working closely with students to organise events with them at the heart); the Law Academy (the education arm providing short courses to strengthen power skills); the Law Global (supporting the growth of the global employee); and the Law Lounge (the social arm, providing students with platforms to connect).
If you are interested in getting involved and collaborating, please contact Sharan Sandhu via sharan.sandhu@dmu.ac.uk.
