THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES
LEGAL
NEWS
DECEMBER 2016
Welshman, Solicitor ... and Prime Minister CHILDREN’S CHRISTMAS PARTY - SEE PAGE 11
CONTENTS CONFEDERATION OF SOUTH WALES LS
Editorial Board
Richard Fisher - Editor Michael Walters - Secretary Johnathan Hine David Dixon
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PRESIDENT’S REPORT
Editorial copy to
cardiff & district LS
Richard Fisher Charles Crookes 51 The Parade Cardiff CF24 3AB Tel: 029 2049 1271 Fax: 029 2047 1211 DX 33025 Cardiff 1 E-mail rfisher@ccj-law.co.uk
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president’s letter
FEATURE
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PRESIDENT’S REPORT
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DAVID LLOYD GEORGE, PRIME MINISTER 1916 - 1922
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FEATURE
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REGULATORY REPORT
CHANCERY LANE
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THE LATEST FROM THE LAW SOCIETY
Cardiff & District Law Society – Professional Development SRA Compliance Conference – Register Your Interest Now!
Cardiff & District Law Society in conjunction with ReaGriffin Consulting and Jonathan Bray Legal Services Ltd are pleased to announce: ‘Everything you need to know about SRA compliance…in one day!’ 3rd February 2017 (9.00am to 5.00pm) All Nation’s Conference Centre, Whitchurch, Cardiff Presented by: ReaGriffin Consulting £300.00 including lunch and parking (£250.00 for Cardiff & District Law Society members) Stop worrying about compliance and start putting into practice some proven, simple risk management systems! As with most things, compliance becomes much easier when you systemise it. You could even save your COLP and COFA - often the firm’s key fee earners - as much as 10 hours a month on compliancerelated tasks. The main focus of this conference is risk management for small and medium sized firms. Making sure that you know the rules, have in place proper controls, and can evidence compliance through an audit trail. We will also look at the recent changes the SRA Handbook and the reform the regulator intends to make to the Code of Conduct and Accounts Rules in 2017 Make sure you are ahead of the curve! Strictly limited to 40 delegates – Please register your interest by e-mailing the Society’s Professional Development Officer (Tom Danter) at tomd@dolmans.co.uk
CONFEDERATION OF SOUTH WALES LAW SOCIETIES
PRESIDENT’S REPORT - DECEMBER 2016 “I was flicking through the channels on the t.v., on a Sunday in Milwaukee in the rain...” Name the band and the song! I’d be impressed if you can! But it is surprising how inspiration can appear without warning. Driving into work the other morning, I was musing on what to say in this month’s letter. Presidential duties have been limited of late. Now my normal journey to work occupies 30 to 40 minutes of tedious car travel, largely in traffic jams, getting into Newport of a morning. In common with many, the radio is on to while away the tedium. In my youth, I was a committed Today programme listener. However, as the years have passed, I find the incessant debate, arguing and confrontational approach of the programme, coupled with the normal stress of the daily commute, to be leaving me quite irascible by the time I eventually reach the office. Thus I switched to Classic FM of a morning. For several years now, prior to this morning, my decision appeared wise. I normally arrive at work in a far calmer frame of mind and ready for the day ahead (if one can ever really be said to be “ready”). Unfortunately, all this was undone this morning. Whilst sat in traffic at 8.00am listening to the news on Classic FM, I was astonished that the headline report of the bulletin was the Government’s PI reform proposals. That there was little else to occupy the first slot on the bulletin is perhaps telling. However, what followed was the repetition of the same old hackneyed arguments about our “rampant compensation culture”, the fact that (as was implied in the report) most of these type of claims are fraudulent and the final promise from the insurance industry that the government’s proposals would involve a saving of £40.00 per year on car insurance polices. Well whoopee do! I’ll believe that when I see it. After the last round of costs slashing promising premium cuts, mine actually went up despite a continued claim free record! The one-sided nature of the report was truly breath-taking and I was left even more irate than I used to be having listened to Today on Radio 4! Determined not to allow it to get to me, I put it out of my mind until lunch time. Then, on reading the BBC news website, blow me if the same issue was not centre page there as well, with the banner headline: “Whiplash plans to ‘cut car insurance premiums by £40’”. I read on and, as I did so, my anger increased exponentially. The article 4
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I read over lunch (since amended I note when I came back to it to write this piece) claimed that whiplash injury claims had increased by 50% over the last “decade”. In other words, at an average of 5% per annum. In comparison, in the last complete year I could find statistics for easily to write this article, 2014, the percentage increase in new cars appearing on UK roads was 9% in that one year. Almost double the alleged increase in claims being so loudly trumpeted. It stands to reason that, if you add more vehicles to the roads, an increase in accidents is likely to follow. I know that the statistics state that the number of road accidents is actually falling, but is that really correct bearing in mind that a lot of “minor” accidents never trouble the Police and are, consequently, not necessarily independently recorded? In short the old adage remains true: there are lies, damn lies and statistics! The more alarming comments on the BBC site were attributed to our “Justice” secretary Liz Truss, who was reported as stating: “For too long some have exploited a rampant compensation culture and seen whiplash claims an easy payday, driving up costs for millions of lawabiding motorists,” “These reforms will crack down on minor, exaggerated and fraudulent claims.” Is it only me who is appalled by such sweeping statements? Is any of this “just”? Firstly, there is simply no evidence that we have a “compensation culture”. Statistically, the number of claims issued in court in this area is falling year on year, as the Court Service would testify and as the Law Society has pointed out for several years now. We definitely do not have a “rampant compensation culture”. For an example of that, look at the United States experience. Our awards are miserly in comparison, strictly controlled by the Courts and subject to the constraints of a common law system that has developed over centuries. Further, the price of these claims is not a “tax” or “fine” for “millions of lawabiding motorists”. It is payment out of an indemnity under a contract of insurance to cover specific risks, for which the Policy holder has paid a premium agreed in advance with the insurer. That the insurance industry then passes on its perceived increase LEGAL NEWS
in overheads to motorists at large is the decision of the insurers and their perception of the obligations they have to their shareholders. What happened to reinsurance and the other ways insurers offset their claims? However, finally and perhaps most astonishing is the implicit acceptance that a sledgehammer is being used to crack a nut! The changes will only affect “minor” claims (who decides what is minor or not?) and is designed to target only “fraudulent” and/or “exaggerated” claims. In other words, there is an implicit acceptance that at least some of these claims are genuine. If that is right, the wholesale abolition of such claims can never be justified since that would deny genuine claimants’ access to justice? In short, better ways have to be found to prevent such unmerited and exaggerated claims being made rather than restricting access to justice. Perhaps a re-think on the whole “opening up of the market” concept, a euphemism for legislating solicitors out of the equation despite this being the only body bound by rules of conduct that prevent them allowing such fraudulent and/or exaggerated claims proceeding. There is further alarming talk that, were these reforms to come about, the claims falling foul of an increase small claims limit could be conducted by, are you ready, Claims Management Companies and Paid Mackenzie Friends! Leaving aside the obvious point that event these groups have overheads, neither of them is regulated at all. In short, isn’t there an increased risk of fraudulent claims against a background of being unable to regulate or control the sector again in future? Is it only me who sees the absurdity, stupidity and, ultimately, the foolishness of such a “quick fix” proposal? Never mind the access to justice issues. Are we really saying that we stand for access to justice only when it is politically and financially acceptable to do so? That is what this policy clearly states. Oh, but of course I forgot, access to justice is not something that figures highly on the agenda of this government – silly me! Nothing to do with wanting to cosy up to the insurance industry I suppose? Perish the thought! Don’t come crying to me, Ms. Truss, when Joe Blogs, high on something legal or illegal, drives into the back of you at speed and injures you, even if he is insured in the first
place. I’d have to point out that you must be a fraudulent claimant on your own statistics! Elsewhere on the Confederation front I have been involved in the setting up of a new event, to take place on 12th January 2017 at the University of South Wales in Treforest. This is designed to be the first of regular quarterly meetings open to the profession at large in the Confederation area, to meet and discuss not only issues of importance locally, but also to provide relevant practical help to the profession in our area on points specific to the requirements of practice in our area. We are opening these meetings up to anyone who wishes to attend, not only for the purpose of listening to the speakers we have lined up but also as a forum for the profession locally to influence the way the Confederation develops, what it does for its members and how it can assist practitioners in practical ways moving forward. I am acutely aware that too many local law societies have become moribund in the last 15 years, leaving large numbers of practitioners without an effective voice. If you have issues you feel strongly about, want to raise or which concern you, I urge you to attend. I am please to confirm that our speaker for the meeting in January will be Mr. Viv Williams, one of the UK’s leading consultants to law firms on the topics of strategy, management, practice, development and marketing. In the future we intend to move the quarterly meeting around our area of operations and involve additional speakers as demand dictates. I urge you all to attend. This has been a somewhat lengthy article. I make no apologies as the main item represents a significant threat not only to our profession but to the rights and remedies of the public at large. They deserve better than this from their government. It remains our duty to oppose such moves. However, as this is the last edition of Legal News prior to Christmas (frightening thought!), can I extend to you all my best wishes for an enjoyable, peaceful and relaxing Christmas and New Year? I look forward to speaking to you all, somewhere, in 2017. Nadolig Llawen! n Jonathan Hine JonathanH@jacklyndawson.co.uk
CARDIFF AND DISTRICT LAW SOCIETY
PRESIDENT’S LETTER Incredibly I am already half way through my year in office. Time has flown by. I feel like I am hurtling towards its conclusion and to the Society’s annual dinner at the end of my year. However, I still have plenty more that I am hoping to achieve before I hand over the reins to Rachelle Sellek in May. On the subject of the annual dinner, please make a note for your diary that it will be on Friday 12 May at the iconic Cardiff City Hall. We are planning a special occasion and hoping for a big attendance so I encourage you all to attend. are paid the quicker we can issue the membership cards and you can access our fantastic membership benefits including the discounts.
Admissions Ceremony I have certainly been very busy over the last few months. On 3 October I had the pleasure and privilege of attending the opening of the legal year at Westminster Abbey and attended a reception at Westminster Hall in the Houses of Parliament hosted by the Lord Chancellor. The reception is known as the Lord Chancellor’s Breakfast although it takes place at lunchtime! The night before I was a guest of the Law Society and Bar Council at a reception at the historic Temple Church followed by an excellent dinner at Middle Temple. I was struck by the history and tradition of the whole occasion. Representatives from our profession, the bar and the judiciary processed in full regalia to the Abbey for a service and then made the short walk across to Westminster Hall for the breakfast. It was a fantastic spectacle. This magnificent occasion dates back to the middle ages, when Westminster Hall acted as the legal and administrative centre of the kingdom and was home to some of the earliest courts - the Common Pleas, the King’s Bench and the Chancery Courts. Westminster Hall is arguably the birthplace of English justice. It was here that our system was developed and it was from here that the English Common Law and the rule of law was exported around the world. Troublingly it is this very rule of law that is currently under serious threat in our own country with our strong traditions of democracy and respect for the law. The outrageous 6
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criticisms and attacks on members of the judiciary following the recent High Court decision that Parliaments approval is required before Article 50 can be triggered must concern us all. Those in authority need to stand up and make clear that the independence of the judiciary is sacrosanct and the rule of law is paramount. On 12 October the Society hosted a meeting with Enid Rowlands and other members of the SRA Board at the Radisson Blu hotel. The meeting was well attended and was generally positive. There was a lively discussion on key issues affecting the profession including the future of regulation and the controversial Solicitors Qualification Examination. The message from the SRA was that they are willing to listen to the profession. However, the proof is in the pudding and I know many continue to be sceptical about the SRA’s motives and actions. Also on 12 October I delivered a short presentation to the National Assembly of Wales legal team on the benefits of membership of the Society. Following a positive reception from the team, I am hopeful that the Assembly itself or individual members of the Assembly legal team will join the Society for 2017. On the subject of membership, renewal letters will be sent out shortly as part of a major membership push by the Society for the New Year. Please could you respond promptly. The sooner that application forms are returned and membership fees LEGAL NEWS
The Quiz and Curry night at BT Sports Cardiff Arms Park on 13 October was a huge success. If you attended I hope you enjoyed the event and had as much fun as me. Congratulations to Acuity Legal for winning the quiz. I am pleased to report that it was a sell out with 24 teams participating. We also raised an amazing £1,158.11 for my two charities (#staystrongforows and Velindre Cancer Centre). My thanks to compare-ATE who sponsored the event and to Rick O’Shea who was a brilliant compere. Thanks also to Radyr Golf Club, Geldards LLP, Cardiff Devils and Cardiff Blues for providing raffle prizes. On 20 October I was a guest of Leighton Reed, President of South Wales Society of Chartered Accountants at their annual dinner at Cardiff City Hall. It was a very good event and I have picked up some great tips for our dinner. Dame Kelly Holmes was the main speaker. She brought with her the gold medals she won at the Athens Olympics and generously shared them with us! I also met with Leighton separately to discuss how our two societies may work more closely together in the future and we are planning some joint events. Watch this space! I also recently attended a meeting with the Ministry of Justice’s “Justice in Wales Working Group” at Cardiff Crown Court. The Justice in Wales Working Group has been set up to consider the administrative and practical implications for the justice system of the emerging body of Welsh law made by the National Assembly for Wales and to recommend improvements in administrative arrangements and procedures. I have suggested that Cardiff & District Law Society host a meeting with the Working Group in the
near future and to invite our members to attend to ensure they have input from a representative cross section from the local legal community. They are very keen to push this forward as quickly as possible. Details to follow. We held our Admissions Ceremony at Park House Restaurant (Vanilla Rooms) on 2 November. We awarded certificates to newly qualified solicitors from 2015 and 2016. This was an opportunity to celebrate the success of those qualifying into the profession and for members of the local profession to congratulate them on their achievements to date. They are the future of our profession and future members of the Society. Their hard-won qualification is highly respected by employers and lawyers all over the world. Well done to all those who qualified. At the time of writing this article, the next scheduled Society events are a reception on 25 November to congratulate His Honour Judge Seys Llewellyn QC, the Designated Civil Judge for Wales, on his forthcoming retirement and our annual Children’s Christmas Party on 10 December at Parc Play, sponsored by Synergy Costs Ltd which again looks like it is going to be a sell-out. In addition, on 3 February 2017 the Society is holding a one-day conference on ‘Everything you need to know about SRA compliance… in one day!’ in conjunction with ReaGriffin Consulting. The conference is taking place at the All Nation’s Conference Centre, Whitchurch, Cardiff - further information on page 3. On behalf of Cardiff & District Law Society may I wish you all a very Happy Christmas and a successful and prosperous 2017. n Paul Hopkins paul.hopkins@geldards.com
FEATURE
His Honour Judge Anthony Seys-Llewellyn QC – A TRIBUTE FROM THE CONFEDERATION OF SOUTH WALES LAW SOCIETIeS AND CARDIFF & DISTRICT LAW SOCIETY
Many readers will already be aware of the forthcoming retirement of His Honour Judge Anthony Seys-Llewellyn QC, who has been the Designated Civil Judge for Wales since 2008. After gaining a Double First in Law from Jesus College, Oxford, he was called to Gray’s Inn in 1972 – apparently spending some time briefly in chambers with Clarissa Dickson Wright of Two Fat Ladies fame. He was in practice at Farrar’s Building in Temple for a number of years and took Silk in 2003. He was appointed a Recorder in 1990 and - between 1991 and 2008 was Assistant Commissioner for the Parliamentary Boundary Commission for England and Wales. As a judge, he quickly gained a reputation for fairness, compassion and a sharp mind and – as Designated Civil Judge - His Honour has led civil justice in Wales during particularly challenging times, his calm and measured approach being appreciated by all who have worked with him during this period. According to Nicola Davies J, Presiding Judge of the Circuit in Wales, HHJ Seys-Llewellyn QC has brought to his appointment “formidable intellect, a scrupulous sense of fairness, innate courtesy and a real understanding of people” and has contributed “gravitas but not pomposity to the role”. The District Judges at Cardiff Civil and Family Justice Centre are unanimous in their praise, commenting how His Honour has always “recognised the challenges faced by the District Bench, whilst at the same time providing - with a light touch leadership to all civil judges in Wales”. His Honour has taken very seriously the fact that he is the Designated Civil Judge for Wales as a whole and has ensured that he sits in both the North and the South of Wales, so that cases are heard wherever possible at a Court close to where the parties live. His Honour’s sense of fairness, justice
and support for others is illustrated by the work that he undertakes as Chair of Reaching Justice Wales. As Mark Harvey, Trustee and Treasurer of Reaching Justice Wales says: “HHJ Seys-Llewellyn QC had challenging shoes to fill as Chair of Reaching Justice Wales, following HHJ Graham Jones who was the inaugural Chair. He quickly stamped his own style on the meetings and the Trustee Board, starting with the novel meeting times of the Board at 8.40am to reflect the preciseness of his journey to Cardiff. Laconic and collegiate in his manner as Chair he has led the charity through to the next stage of its growth”. His Honour Graham Jones, who remains involved with Reaching Justice Wales, comments that HHJ Seys-Llewellyn QC “has very enthusiastically and wholeheartedly supported, promoted and developed Reaching Justice Wales, so that it is now a firmly established and successful part of legal life in Wales”. HHJ Seys-Llewellyn’s support for others however stretches even further. He has been a great supporter of Cardiff & District Law Society and the Confederation of South Wales Law Societies, having been a regular contributor to the Confederation’s annual civil law seminars. He has also supported Cardiff Law School in many ways, including regular attendance at public lectures, other events and his agreement last year to host and judge the final of the School’s internal mooting competition. Having worked closely as his Personal Assistant for seven years, Rosie Pahl is well-placed to pay tribute to His Honour’s character: “He is hugely efficient and hardworking, but is always courteous, polite, friendly and warm in spirit. I knew when to make coffee (regularly), put it down and leave or when to stop and chat, just
by a gentle raise of an eyebrow”. She recalls a fellow judge once describing His Honour as “not only a gentleman, but also a gentle man”. These sentiments are echoed by his family, to whom he is devoted. HHJ Seys-Llewellyn QC has of course presided over many notable cases, which a quick Google search will testify. One of His Honour’s more renowned cases however involved his making a Declaration that Barry Town AFC be admitted to the Welsh League, against the wishes of the Football
Authorities. It is believed that on the following Saturday, chants of “there is only one Seys-Llewellyn” were heard on the terraces of Jenner Park. From the many tributes and heartfelt comments that have been received in preparation of this article, there is indeed only one Seys-Llewellyn and he will be sorely missed by all who have had the pleasure of working with him. He is wished a very happy retirement. n
Trustee Opportunities at SBA The Solicitors’ Charity SBA The Solicitors’ Charity has been working at the heart of the profession since 1858, working to ensure that no solicitor is unsupported in times of need or crisis. • We are searching for people from all backgrounds and sectors but are particularly keen to enhance Board expertise in mental health and stress issues or in issues facing personal injury or legal aid practitioners. • Trustees – who do not need to be solicitors - serve for an initial period of two years with opportunities thereafter for reappointment. • The current Board is 16 strong and meets quarterly, usually on a Wednesday afternoon, in Chancery Lane. The trustee role is unremunerated. SBA makes grants and interest- free loans to solicitors and their dependants in personal financial need. Over the last five years, SBA has distributed over £1,000,000pa in financial assistance.
If you are interested, or know someone who would be, you can find further information about the roles and how to apply from the SBA website. Closing date: 19 December 2016.
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Monmouthshire Incorporated Law Society
monmouthshire President’s letter Despite the fact that we are now in the depths of Winter, I have been reminded of my Summer holidays. I had an excellent fortnight in Florida with my family, but I noticed that on every other billboard along the main road there seemed to be an advert for a law firm. Each advert had a big picture of the lawyer’s face with very “to the point” subtlety-free message– one actually said you should choose them as they are “aggressive lawyers”. In September I attended the Local Law Societies Conference, hosted by Birmingham Law Society. The key message from Robert Bourns, the President of the Law Society of England and Wales, in his opening address at the conference was that we should be proud of our profession and all that we achieve and the position of trust that we hold within society. It reminded me of those billboards in America and what might become of our profession if the regulations and entry into the profession were allowed to be weakened and diluted. On a similar note, as a Society we have responded to the two SRA Consultations relating to proposed changes to the Handbook and the
Accounts Rules. I would like to thank the Cardiff Law Society for sharing their response with us. The consultations dealt with a number of proposals for a change in the regulatory framework for solicitors. In particular they included the proposal that the Solicitors’ Code of Conduct should be replaced with two separate, shorter and simplified codes - one for solicitors, and a separate one for firms. We agree with the Law Society that there is insufficient evidence of a need for such radical reforms. They are likely to create consumer confusion by effectively dividing the profession in two, creating a second class of solicitors, delivering unreserved work through unregulated entities. It could also weaken client protection and potentially lower professional standards. Most solicitors I speak to want clear guidance and examples of
what is, and is not, compliant with the regulations. The proposed slimmed down code of conduct will remove outcomes and indicative behaviours and leave us with an even greater lack of clarity, which is in my view very unhelpful. A full impact assessment should be carried out before any of the proposed reforms can be fully considered. We also fully intend responding to the latest SRA consultation on the Solicitors Qualifying exam and I would urge all to respond. These latest consultations and their likely effects seem to be part of a general threat to our core standards. I had the pleasure of attending the DASLS (Devon and Somerset Law Society) Admissions Ceremony earlier
in the month. His Honour Geoffrey Mercer QC spoke and advised the newly admitted Solicitors that the three most important things to remember throughout their careers are “Integrity, Integrity and Integrity”. I think we should all pull together and get behind the Law Society’s current campaign to promote the brand of solicitor. It is intended to support the reputation of the profession and highlight the commitment that solicitors have to their clients, and the positive role that we play. Alternatively we could all put our heads on billboards on the side of the road and fight it out in a race to the bottom! n Clive Thomas President President of Monmouthshire Incorporated Law Society clive.thomas@watkinsandgunn.co.uk
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St John’s College The Best A-level Record in Wales over 17 Years
School of Economics), Law (Bristol and King’s College London), Maths (Imperial College), Medicine (Cambridge and Oxford), Music (Bristol and Oxford) and Politics and International Relations (London School of Economics), for example.
St John’s College is celebrating outstanding A-level results again this year, with 81.9% A* / A grades, 96.6% A* / A / B grades and 100% pass rate. Its sixth-formers, including a significant number with 4 A* / A grades, are proceeding to Oxbridge and top Russell Group universities, including medical and dental schools. St John’s College is frequently ranked top school in Wales in The Sunday Times ‘Parent Power’ based on combined A Level and GCSE performance. Its most recent Estyn inspection report graded the school ‘excellent,’ including the seldom-awarded ‘excellent’ grade for quality of teaching, and observed that the school achieves ‘exceptional outcomes for pupils of all abilities’ (Crown Copyright, 2012). The school has a very distinguished record of success in university admissions. Its most recent sixthform cohorts are studying Architecture (Cambridge), Biology (Oxford), Dentistry (King’s College London), Economics (Cambridge), Engineering (Imperial College), History and Economics (London
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Throughout the school there is an extensive and varied sports programme, with regular sport and ski tours, and a high number of county players. A wide range of extra-curricular clubs and societies includes ample opportunity for drama, performance and public speaking, as well as established high-level career and volunteering opportunities. The College is proud of its national success in chess, public speaking, debating, poetry, maths, science, engineering, F1 in Schools and Young Enterprise competitions. Its awardwinning Concert Orchestra gives warmlyreceived public concerts, and its Cathedral Choir has appeared in a major Hollywood film, and sings annual broadcasts on BBC Radio 4. Recent concert tours include Paris, Bruges and Madrid. St John’s College has an enviable musical reputation. A remarkable number of its maths and science students proceed to medical school and the most competitive university courses and are also grade 8 and diploma-level musicians. One of its oboists, Morgan Foley, obtained the highest mark in WJEC Further Maths (600/600) and is now studying Physics at Trinity College Cambridge. n
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FEATURE
Implementing the Competence Statement in the real world! From the 1st November 2016, firms are required by the SRA to adopt the Competence Statement for managing Learning & Development.
A Learning & Development Log is useful and would replace the traditional CPD Training Record. If you have a Legal Aid Contract, it still requires legal aid supervisors and fee earners to obtain CPD hours. How this will be achieved in a post CPD world will be interesting to see. The SRA Competence framework itself needs further development. We would suggest that for year one of implementation you simply experiment with the new scheme and learn as you go. You should not forget that the COLP, COFA and MLRO need to remain up-todate to maintain competence in their regulated role and will therefore have their own learning and development needs.
It is the responsibility of the practice to ensure that ALL staff are competent to perform their roles.
Levels 1 & 2 of the Threshold Standard.
SRA Competence Statement which comprises 3 elements: 1. The Competence Statement itself 2. The Statement of Legal Knowledge 3. The Threshold Standard
We would therefore recommend that from 1st November 2016, firms focus on their Qualified Solicitors first.
CLEX having been subject to a CILEX Competence Training Scheme for some time, so again should be already keeping portfolio style evidence of their Learning and Development based on reflection on their own training needs.
Trainee Solicitors maintain SRA training logs which are signed off by the Training Partner/Supervisor. They are therefore in a measure already covered. Their logs should also perhaps now cross-refer to
For Solicitors, the starting point should be for each of them to reflect on their own training needs for the coming year and document these. This document should ideally be cross-referenced to the
However, we find that firms are daunted by such a big task.
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LEGAL NEWS
Unfortunately, the SRA has not covered all categories of law in the Threshold Standard (e.g. Family Law) so you will not be able to use it in all cases. Learning and Development Objectives should then be recorded in the Solicitor’s appraisal form and progress reviewed during the year and at the next formal appraisal.
The bottom line is that all your staff must be competent to perform the roles set out in their job description. However, you must start somewhere and your Solicitors may be a good place to start grappling with the new scheme. Cpm21 can provide training and precedents to make things easier, so please do get in touch. n Wayne Williams LLB MBA Principal Adviser cpm21
Experienced South Wales recruiter sets up firm for the legal profession Recruitment specialist Claire Bowen has launched a new business aimed at recruiting for the legal profession. South Wales-based Prosperous Recruitment Limited aims to bring Ms Bowen’s decade of experience in the employment sector to law firms. Her company, Career & Recruitment Services, offers recruitment services for all industries, alongside career coaching and CV writing for candidates. The former Careers Wales employment specialist has placed hundreds of candidates in new roles and, since starting her own company two years ago, has built a strong client base. Now managing director, Ms Bowen has launched a new company specifically targeting law firms. Prosperous Recruitment Limited uses highly-qualified recruitment staff to find the best candidates for every legal role with the aim of removing the burden of sourcing suitably-qualified applicants from law firm partners. Ms Bowen, originally from Carmarthenshire, said: “We know how time-consuming recruitment can be, and how much of a drain the process can be on a firm’s resources.
“We stand out in the recruitment sector because our focus is on the quality of our candidates. “We don’t flood partners with CVs or put forward unsuitable candidates. Instead, we aim to find employers staff who will be an excellent asset for years to come. I’m looking to fill roles where both the candidates and employers are happy with the fit in the long term. “My experience has shown me that the best way to achieve that is to have one-to-one discussions and interviews, and to find out about a candidate’s skills and ambitions. “I offer a tried and tested recruitment service for employers, and my fee of just 10% of the employee’s salary makes Prosperous Recruitment an affordable option for all legal firms. Some other recruiters charge double that fee. “Our professional service helps employers in the legal sector save thousands of pounds on their annual recruitment spend.” Prosperous Recruitment is based in Abercynon and has clients in the legal profession across South Wales. For further information, please call Claire Bowen on 07473 936416, E: info@prosperousrecruitment.co.uk www.prosperousrecruitment.co.uk. n
“We save legal firms time and money, and find them the best people for their roles – from qualified solicitors to conveyancers and paralegals.
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FEATURE
DAVID LLOYD GEORGE, PRIME MINISTER 1916 - 1922 Who is the only prime minister to have been born in Wales? Although the only Welsh prime minister was David Lloyd George, the answer is Julia Gillard, who was prime minister of Australia from 2010 - 2013. She was born in Barry. David Lloyd George was born in Manchester. I am writing this piece to celebrate the life of Lloyd George because he is the only solicitor to have been prime minister of the United Kingdom. He was also a Welsh solicitor and a Welsh speaker. Lloyd George is the only prime minister of the UK for whom English was a second language. So he was a remarkable man of whom the entire profession, especially those of us who are Welsh, should be proud. Prime ministers have worked in many trades before entering politics - Margaret Thatcher and Tony Blair were barristers, Jim Callaghan a union official, Edward Heath a civil servant, Harold Wilson and Gordon Brown had been university lecturers and John Major and Theresa May worked for banks (don’t they all?) though David Cameron didn’t have a proper job (unless you count being a political special adviser and director of corporate affairs for a broadcasting company). But only Lloyd George had the wit, wisdom and pragmatism of having been a solicitor. The centenary of his becoming prime minister is December 6, 2016. Parliamentary career to 1916 Lloyd George was born in 1863 and qualified as a solicitor in 1884. He started his own firm in 1885, working from his uncle’s house, and took his brother William into partnership in 1887. That firm, William George and Son, still practices in Porthmadog. In 1890 he was elected Liberal MP for Caernarfon and represented that constituency until March 1945, weeks before his death. Lloyd George joined the cabinet of prime minster Henry CampbellBannerman as President of the Board of Trade in 1905 before 12
DECEMBER 2016
being promoted to Chancellor of the Exchequer in 1908, when his predecessor, HH Asquith, became prime minister. His tenure as chancellor is best known for the People’s Budget of 1909, which imposed a 20% tax on the unearned increase in value of land which was payable when the owner died or sold the land, increased death duties, a rise in income tax, and a tax on income over £3,000. Although the budget was passed by the House of Commons which was dominated by the Liberal Party majority, it was rejected by the House of Lords which was made up wholly of hereditary peers, despite the constitutional convention that the House of Lords did not veto money bills. The ensuing constitutional crisis led to the passage of the Parliament Act 1911 which restricted the power of the Ho. In 1915, during World War I, Lloyd George was moved to the newly created post of Minister for Munitions before being promoted to Secretary of State for War in 1916. He succeeded Lord Kitchener who had drowned when the ship in which he was sailing to Russia was sunk by a German mine. Prime Minister Asquith was a poor war leader. In 1916 his authority as prime minister ebbed away like the lives of soldiers bleeding to death in the battlefields of the Somme as the war drifted on with no hope of peace. In December 1916 Asquith refused Lloyd George’s proposal that the war effort should be led by a small cabinet committee to be chaired by Lloyd George. In response, Lloyd George resigned as Secretary of State for War. Twenty four hours later Asquith resigned as prime minister and Lloyd George succeeded him.
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Prime Minister 1916 - 1922 Lloyd George’s great achievement was to win the First World War. That result was doubtful when he assumed office. The German U-boats were conducting a successful submarine war. He reorganised British shipping around convoys to reduce the chances of ships sinking so Britannia could continue to rule the waves. Shortly after he became prime minister, Nicholas II, Tsar of Britain’s ally Russia, was overthrown and killed. The Bolshevik government which eventually emerged in Russia was viewed with suspicion. After the war came a long period of negotiations between the world powers at the Versailles Peace Conference. A dangerous and unstable new world order was forming at the beginning of the 1920s.
October 1922 the Conservative party, which had regarded Lloyd George as an electoral asset, withdrew from the Coalition. Lloyd George resigned as prime minister and in the ensuing general election the Conservatives won a majority government with 344 of the 615 seats. Labour formed the opposition with 142 seats and the Liberal vote was divided between Lloyd George’s National Liberals, with 53 seats, and Asquith’s Liberals who won 62. Although he remained an MP until 1945, Lloyd George’s power ended in 1922. In the New Year’s honour’s list of 1945 he was created Earl Lloyd-George of Dwyfor. Given his central role in the crisis which led to the Parliament Act 1911, it is appropriate that he never sat in the House of Lords. He died in July 1945.
Domestically, the Easter Rising of 1916 had highlighted the threat to the Union of Irish independence. The economy was weak after years of warfare. The government which had to confront these issues was a Coalition of Liberals and Conservatives. But Asquith’s fall revealed disunity amongst the Liberals. The extent and duration of this schism was fatal to the Liberal party, which has not won an election since. In the general election of 1918, Lloyd George was returned to power as prime minister of the Coalition government, but his government was dominated by the Conservative party, which won 379 of the 707 seats. Lloyd George’s Coalition Liberals won 127 seats, Labour had 57 and Asquith’s Liberals only 36.
Final remarks This is an outline of the life of David Lloyd George. There is no analysis of his character, his policies, his opinions, his behaviour, his political legacy or the scandals which dogged him. But what is clear from this account is that he achieved significant accomplishments at an important time in the evolution of the modern world. In a University of Leeds and Ipsos Mori survey of 250 academics in 2004, David Lloyd George was rated the 3rd best prime minister of the United Kingdom, behind Winston Churchill and Clement Attlee. In a BBC Radio 4 poll for The Westminster Hour in 1999, he was rated the 2nd best prime minster, after Churchill. Since, like Churchill, Lloyd George won a war in which the existence of the United Kingdom was in peril and at stake, he deserves this acclaim. n
This dependence on the Conservative party tested Lloyd George’s political skills and restricted what his peacetime government could do. In
David Dixon Twitter: @saldixie
FEATURE
Easy Peasy – Lemon SQE…eezy?: the SRA’s revised proposals for the education and training of solicitors You may (or may not) recall a fairly scathing article I wrote for Legal News in June last year (‘Anyone Can Be a Solicitor, Right? The SRA Seems To Think So’). At the time, proposals were emerging from the SRA for the future of legal education, which appeared to herald a significant dumbing down of the solicitors’ qualification. Many in the profession were unaware of the radical and potentially damaging proposals being suggested by the regulator. Since then, there have been several developments, including two consultations, the second of which was issued in early October this year. Back in June 2015 we were awaiting the
solicitors could have been flooded, and a
skills assessments in one or two diets of
breadth of knowledge and understanding.
first consultation paper, and I urged you
two-tier approach to qualification might
assessment. There will be a maximum of 3
The SQE is intended primarily to replace
all to respond to that consultation when
have emerged – the ‘haves’ would qualify in
attempts, and a maximum time period for
the LPC. The SQE, though, only covers
it was issued. It was (eventually) issued in
much the same way as now, and the ‘have
passing all of the assessments.
the core content of the LPC, and there is
December 2015, and it was very encouraging
nots’ would follow a quick and cheap route,
to see the engagement by the profession –
but would then struggle to gain employment.
However, before we give the SRA too much
subjects (currently students study 3 options
the SRA received around 250 responses, the
There could arguably also have been a large
credit for how it has responded, let’s not
on the LPC, such as Employment, Family,
overwhelmingly majority of which (over 200)
number of qualified solicitors who were
forget that the SRA has only ditched what
Commercial Property). The solicitors of the
ranged from critical to hostile. This caused
poorly trained and who were a real danger
were fairly outrageous proposals in the first
future will not therefore cover as wide a
the SRA to have a rethink.
to the public.
place. Also, there are some aspects of the
range of practical subjects. The SRA also
revised proposals that should still cause
clearly hopes that candidates will prepare
considerable concern.
for the SQE by law schools incorporating
no provision for students to take optional
As a result of that rethink, the SRA have
Thankfully, the SRA listened to many of the
now issued the second consultation, and
concerns expressed in response to the first
once again I would urge to you respond
consultation. So what has changed for the
The first of these is the assessment
whole host of practical problems with this,
to this, although it has to be said that
better in the second consultation?
method proposed for the centralised
which I won’t go into here!). If that were to
assessment. By now (assuming you are
happen, it would reduce student choice
the more egregious aspects of the SRA’s
SQE content in the law degree (there are a
original proposals have been ditched. To
• The SRA has accepted that a qualified
still reading) you may be wondering what
during the degree, and students would
that extent, the SRA has listened, and the
solicitor should either have a degree, or
the title of this article is all about. The
not be able to learn about a wide range
purpose of this article is to set out what
something that is equivalent to it. (The
‘SQE’ in ‘SQE…eezy’ comes from the name
of law subjects. The SRA is also proposing
has changed compared to the first set of
need for equivalence is to enable other
for the new centralised assessment –
that candidates no longer have to cover 3
proposals, and what hasn’t changed.
pathways to qualification, such as the new
the Solicitors Qualifying Examination, or
seats in their period of work-based training.
apprenticeship route.)
SQE (pronounced ‘Sqwee’ by many). The
Added to that, there will be no requirement
Let us not forget that the first set of SRA
• The SRA has recognised that a
‘easy peasy’ comes from a concern that
to undertake both contentious and non-
proposals
substantial period of work-based training,
the SQE will not be sufficiently rigorous,
contentious work during the training. When
someone could qualify as a solicitor:
like the training contract, is essential. The
and will result in a dumbing down of the
all of these changes are taken together
• Without having a degree or anything
SRA has even expressed a preference
assessment process. At this point I should
we could have qualified solicitors in future
equivalent
for a 24 month period (as now), but has
point out there are two parts to the SQE –
who have done little else but the core SQE
• Without undertaking any work-based
asked for more views on whether this is
Stage 1 and Stage 2. Stage 2 is a series
subjects, and who have worked solely as
training (such as the training contract)
appropriate, or whether shorter or longer
of skills assessment that, on paper, look
a paralegal in one single area of practice
• Through taking a series of centralised
or flexible periods should be prescribed
quite challenging. However, for Stage 1
throughout their period of ‘training’. This
assessments, the knowledge part of which,
instead. However, this period of work-
(largely the testing of knowledge), the SRA
ought to be a serious concern, because
would consist solely of three multiple choice
based learning need not be part of a
is continuing with the proposal to assess
it has the potential to devalue the
tests, each lasting only an hour and a half
formal training contract – it could be work
this exclusively via multiple choice type
qualification and the status of a solicitor.
• Having unlimited attempts at the
as a paralegal or work at a law school Pro
questions. The real reason behind this,
centralised assessments, with the ability
Bono clinic.
I suspect, is that this enables the use of
So, once again, I hope you will engage with
to cherry- pick individual assessments over
• The SRA is sticking with centralised
computer based testing, and marking by
the consultation process and respond to
time, and no time limit within which to take
assessments. The profession seems to be
computer. What it fails to do though, is
the new consultation, whether or not you
all of those assessments.
broadly in favour of this in principle. The
to test candidates’ ability to formulate
agree with the views I’ve expressed above.
concern of the profession previously was
reasoned answers to questions, to set out
Details on how to respond can be found at
This raised the prospect of hordes of school
that the centralised assessment was too
their ideas logically and clearly, and to do
http://www.sra.org.uk/sra/consultations/
leavers without degrees or legal work
dumbed down. In response, the SRA has
this in the wide range of subjects that is
solicitors-qualifying-examination.page
experience qualifying as solicitors simply
now proposed a much more substantial set
required at present on the Legal Practice
by cramming up and passing a series of
of assessments (for example, they are now
Course. There is a continuing worry,
The consultation is open for responses
assessments of dubious quality. Whilst
proposing 6 knowledge tests, most of 3 hours
therefore, that the mode of assessment
until 9th January 2017. n
this was no doubt an exaggeration, the
each, with a total of 17 hours on these tests –
will lead to a dumbing down and that the
qualification of solicitor could have suffered
in addition, there are 11 skills assessments,
new centralised assessment will not be
Byron Jones
significant
lasting around 23 hours in total)
sufficiently rigorous or test candidates in
LPC Course Leader
domestically and internationally, through
• The cherry picking and unlimited
the most appropriate way.
the watering down of the requirements for
attempts have gone – students have to sit
qualification. The market for newly qualified
all knowledge tests in one go, and the main
suggested
reputational
that,
in
damage,
future,
both
Cardiff University School of Law and Politics jonesbl@cardiff.ac.uk
The second concern is that of lack of
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DECEMBER 2016
13
FEATURE
Costs management – has it done what it said it would do on the tin? Continuing the analysis of the system we now turn to the assessment process. There is little change for full detailed assessments except to comment that with the lengthier bills of costs the points of dispute of getting longer. Consequently the Points in Reply are also getting longer. This will inevitably lead to longer hearings as the courts are only now starting to see full blown detailed assessments of phased bills. Provisional assessment is an entirely different animal. The outcomes are variable not only between the courts but also between District Judges within the same court. This causes considerable concern when giving advice to a client as to whether to proceed to assessment. Whilst an analysis of the likely outcome is done at the outset to stress test the case some odd decisions that seem to go completely against the grain can throw the numbers off and result in the receiving party losing the assessment, sometimes by very small margins. The 20% rule means that it is almost impossible to take these cases back to court as any victory will end up being empiric and
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the receiving party will be left carrying the cost of the process – their own and their opponent’s costs. It can lead to a very sour taste at the end of the day. Another problem is when one District Judge assesses a Claimant’s bill and certain rulings are made regarding recoverability and then a different District Judge assesses a Defendant’s bill who had secured an adverse costs order in the same proceedings and applies a different set of considerations which actually conflict against what the first District Judge had decided. The other fundamental failing of the provisional assessment process is the award of costs. When the pilot scheme
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was introduced costs were capped at £1,500 + court fee + VAT and the value of the bill being assessed was a maximum of £25,000 net. This figure excluded additional liabilities, which were recoverable during the time of the pilot scheme. When the rule was formerly introduced the value of bills subject to provisional assessment trebled to £75,000 net – which came as a huge shock to the profession but the maximum award of costs was left at £1,500. With additional liabilities no longer being recovered from the paying party the bills being assessed are now £75,000 net. It is not possible as a receiving party to prepare a case for provisional assessment adequately given the often lengthy
Points of Dispute being served and the consequent requirement to prepare proper Replies within that £1,500 maximum limit. Receiving parties are therefore placed at a considerable disadvantage and this can have a very negative impact on the receiving party obtaining a fair and just outcome. What does all of this tell us? Well, the world of costs continues to become more complicated. Costs is very much a specialism and having a trusted costs specialist as part of your team is vital. The pitfalls facing practitioners in the budgeting process where budgets are not prepared properly and are not managed throughout
FEATURE the course of the litigation will come back to haunt you in the assessment process. With only a maximum of £1,500 recoverable profit costs available to the successful party through the provisional assessment process it is important that the right approach is adopted as soon as the case has concluded. Any delay will only mean an erosion of the amount available. Parties cannot rely on the fact that the court has approved a budget to then be able to convince them, except on very rare occasions, to allow the budgeted amount without there being a detailed assessment. There is clearly a lot of fight to be had with the assessment process irrespective of the existence of budgeting. What we do know is that the whole process has become more expensive. The provisional assessment process has been described as being “rough justice”. One could accept that if everyone was carrying out assessments with some uniformity. You can prepare suitable advice for your client saying that you expect a certain reduction to be made on the basis that the court does not have the file of papers before it and that the District Judge only has an hour or so to deal with each case. That in itself is rather scary when you consider the bill could be worth £90,000. But,
there is little if any uniformity. Most decisions relating to the quantum of costs remain discretionary with the District Judge. So, each Judge will have his or her own view as to what is reasonable. Taken literally, the Precedent G document for a receiving party will only have responses to principle points and concessions. As a receiving party do you want to take the risk of not being able to say something about challenges raised by paying parties? As a senior Judge in Bristol said recently, leave it blank at your peril. The downside is the knowledge that the work that has to be done on the Precedent G document and the rest of the provisional assessment process will not be paid for by the paying party because of the cap placed on the recoverable costs. It becomes another expense for the client or a write off for the firm. Costs management is still very much a “work in progress” and much uncertainty exists. The message to leave you with is this – early professional advice and guidance from Costs Lawyers will help in greatly reducing the gap between what has to be spent and what can be recovered. n Stephen Averill Director Phoenix Legal Services
LEGAL NEWS
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FEATURE
regulatory update The objective of the Regulatory Column in Legal News is to keep local practitioners reasonably up to date with regulatory developments and SRA consultation papers. Here is the fourth – I hope you will enjoy your read. 1. Payment of Referral Fees in PI Cases It is over three years since LASPO banned referral fees in personal injury cases. The SRA introduced new outcomes in chapters 6 (introductions) and 9 (referrals) : firms should neither pay (outcome 9.8) nor be paid (outcome 6.4) a prohibited referral fee. The SRA has now issued a warning for various risk factors, including the avoidance of the statutory ban with poor or unethical practice which may breach the Code of Conduct and compromise clients’ best interests. If you carry out PI work, now might be the time to review your compliance - to access the full SRA risk warning see: http://www.sra. org.uk/solicitors/code-of-conduct/ guidance/warning-notices/Riskfactors-in-personal-injury-claims-Warning-notice.page 2. New Training Provisions The old CPD scheme ends in November in favour of a less rigid scheme of “continuing competence”. More thought is now required, emphasising a change from training to learning. In future a lawyer in a fast changing practice area will need to spend more time addressing learning needs to those of a colleague involved in a more routine / settled area of law. The SRA is keen that their “Competence Statement” (‘CS’) should be used as the basis for learning and development at all levels of the profession including ongoing learning. The CS is arranged under four headings: (1) ethics, professionalism and judgement, (2) technical legal practice, (3) working with people and (4) managing themselves and their own work 16
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On inspection the SRA will want to see (1) how learning and development needs were established and (2) how it was thought that the training addressed those needs. Merely viewing a webinar or sitting through a session will no longer be sufficient. The SRA is keen to see solicitors taking a more mature approach to how every practice should provide the “proper” level of service required by Principle 5 of the Handbook : those looking to see what is the minimum that they have to do to comply, risk missing the point. 3. New insurance regime The Insurance Act 2015 has introduced a new duty on solicitors’ firms to make “a fair presentation of the risk” to insurers. Clients remain protected but (as before) the insurer will have recourse against the firm for non-disclosure. The meaning of making “a fair representation of risk” is not entirely clear. The SRA has issued guidance at www.sra.org.uk/ solicitors/code-of-conduct/guidance/ guidance/The-Insurance-Act-2015and-consequential-changes-to-theminimum-terms-and-conditions-ofprofessional-indemnity-insurance.page Firms must have proper risk management procedures in place for identifying and controlling risks : the SRA’s risk index and risk outlooks are a good starting point. Beyond that, firms should discuss with their brokers and insurers what the insurers regard as important.
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4. Cybercrime Risks Many such losses depend on e-mail intercepts. It is not possible to exclude liability for losses that a client may sustain if they fall into the category of “civil liability” - see SRA Indemnity Insurance Rules. In this context a warning in the engagement correspondence and/or email footer might be sufficient for the firm to avoid blame by having advised clients of the risks. One suggestion is: “Please be aware that there is a significant risk posed by cyber fraud, specifically affecting email accounts and bank account details. Please note that our bank account details will not change during the course of a transaction. Please be careful to check requests for funds or our account details with us in person if in any doubt. We will not accept responsibility if you transfer money into an incorrect account and it is also unlikely that your bank or building society will offer any refund for any payment you authorise in such circumstances”.
a transaction. Following Purrunsing firms acting for purchasers are being more assertive when probing the identity checks undertaken by the vendor’s representatives. The cases are also a timely reminder as to the importance of not taking the customer due diligence provisions of the Money Laundering Regulations 2007 (“MLR”) as a mere bureaucratic exercise. All involved in the conveyancing process must be wary of the risk of fraudulent sales for the sake of not just their client, but for all the other parties involved also. 6. SRA Open Consultations: 1. “A new route to qualification – the Solicitors’ Qualifying Examination” (2nd consultation) Closing date 9 January 2017 (NB The Cardiff + District Law Society submitted a response to the earlier consultation paper (March 2016 / see CDLS website) and is preparing a response to this paper) 7. SRA Closed Consultations 1. “Looking to the Future : (1) flexibility and public protection and (2) Accounts Rules review” (NB: Please note that the CDLS submitted a response to the earlier consultation paper which is available to Members via the Society’s web-site.) To access to SRA Consultation papers: http://www.sra.org.uk/sra/ consultations/consultations n
5. Vendor fraud Two cases (1) Purrunsing v A’Court and House Owners Conveyancers Ltd + (2) P&P Property Ltd v Owen White & Catlin and Crownvent received extensive attention earlier this year.
Hugh Price Solicitor and Honorary Secretary for Regulatory Matters for Cardiff & District Law Society Hugh@HPConsult.co.uk www.hughpriceconsulting.com
The different approaches taken in these cases have created some confusion as to the appropriate steps to be taken by both parties to
Hugh Price Legal Consulting Ltd, is an associate member of Infolegal, a national group of independent regulatory consultants.
FEATURE
how time flies... Autumn....the season of mists and mellow fruitfulness when our thoughts turn to Halloween, Bonfire night, comfort food, mulled wine and evenings wrapped up in front of the television watching box sets. In my case Jude Law pontificating in the beautiful surroundings of the Vatican and Venice (with which I feel that I have a personal relationship as a result of recent visits) and wafting around investments made by Giorgio Armani. Bliss! I accept that I may be a little too shallow for some of our readers but what the heck?! Life is too short. I should have mentioned that this season also heralds in the panic when we discover that All Hallows’ Eve is the final day of the CPD year. There is an associated clamour for places on courses which will make us compliant with the regulations. This is where the Confederation of South Wales Law Societies comes in handy. Yet again this year I had the honour to chair the annual and final Criminal Law Update course held at the excellent venue of the Chairman’s Suite at CARDIFF City Stadium. This course has gone from strength to strength over the years and has seen the venue move from the University of GLAMORGAN to the football stadium in CARDIFF which is far more luxurious and less Spartan. Unfortunately this year the chairman’s heated loo seats were not available for our comfort as the doors were locked! I knew that I ought to have kept the secret! I always feel that this event has a very “end of term” party feel to it and this one was no exception. The delegates were in fine form and the camaraderie was palpable. We were treated to a star- studded cast providing us with a wealth of topics delivered so well .There was no time for boredom to set in and despite a delicious lunch the speakers kept our attention right up to “home time” His Honour Judge Richard Twomlow kicked - off (that is one football
term that I am familiar with) with a fascinating lecture on vulnerable witnesses and the ever-changing requirements for lawyers. The Judge spoke without ceasing until he had to leave to return to his heavy schedule in the Crown Court. We then had the pleasure of listening to WAYNE Williams of CPM 21. Some of us are senior (read old,) enough to remember him in his previous incarnation at the Legal Aid Board, the LSC and the LAA... all the same organisation by different names. Being a solicitor he always had a grasp of the issues presenting themselves to practitioners and this made him a very approachable face. When he became an adviser to the profession opening his own company, he segued very easily into the person we all go to for help in the face of adversity. In other words to help with all efforts to obtain and retain LegalAid contracts. He did not baulk when I referred to him (in the spirit of the season) as the “Ghostbuster of Legal Aid” and managed to make a very dry topic interesting to the end. Jonathan Rees of, Apex Chambers CARDIFF then shared his expertise and knowledge with us on two quite divers topics .The first was on Cyber Crime and was truly mind -blowing.
He dealt with the Law surrounding the topic but this was interspersed with examples of how our own worlds can be devastated by hackers. Be very afraid as there are expert hackers out there who could very easily bring the whole country to its knees ...not only the commercial world but the courts too. Just at the flick of a switch or, more aptly, the push of a button.
continuing professional development will be monitored in different ways. What was wrong with time-honoured and tested courses giving CPD Points I do not know. However there is a glimmer of hope as always as the continuing professional development undertaken has to be PROVED AND EVIDENCED. What better proof than by going on a Confederation course!
After a short respite Jonathan then launched into the fascinating topic of Joint Enterprise which was the subject of a recent appeal judgement stretching to over 60 pages in the case of Jogee and others. Jonathan’s ability to analyse what the judges actually held in a rather circumluitous text was a feat in itself and we all benefitted.
So watch this space as we are planning a year of late afternoon and evening courses tailored to the requirements of our members with a star studded cast of speakers and a little light refreshment. All suggestions to our tireless administrator Michael Walters please. On that note I would like to thank Michael for organising everything and for attending on the day despite the fact that he was discharged from hospital only a day or two prior. Such devotion to duty.
Finally much thanks to Ian Kolvin of the CPS who, stepped into the breach at the last moment and gave a very polished and instructive performance .How time flies... I remember Ian as an articled clerk and now he is a distinguished Higher Courts Advocate, so perhaps the time has come for me to hang up my wig and gown... only joking! On a more melancholy note the course was tinged with sadness. As you are all aware, the SRA has decreed that LEGAL NEWS
Another reason for the sadness was that with the demise of CPD points as we know them, our thoughts turned to our dear friend Simon Mumford who pioneered these courses. We took a moment to remember him and he can rest assured that his legacy will continue in one form or another. n Trudy McBride WWW.CARDIFFLAW.ORG
DECEMBER 2016
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CHANCERY LANE
CHANCERY LANE NEWS The constitutional principles of the independence of the judiciary and the rule of law were tested severely by the furore which arose from the decision of a very strong High Court bench (Thomas LCJ, Etherton MR and Sales LJ) in the case of Miller and others v the Secretary of State for Exiting the European Union [2016] EWHC 2768. Since Article 50 of the Treaty on European Union states that any Member State may decide to withdraw from the EU “in accordance with its own constitutional requirements” and the UK’s unwritten constitution is silent on the matter, it was both inevitable and right that the Court was asked to determine precisely what are the UK’s constitutional requirements for withdrawing from the EU. It is also right for that decision to be appealed to the UK Supreme Court so the matter can be resolved conclusively. I know a little about this subject because I teach Public Law on the GDL at Cardiff University. It seemed to me that it was likely that Parliament, which is sovereign, rather than the Crown using its prerogative powers, should give notice of withdrawal under Article 50(2). The question for the Court to consider and the judgment it delivered were about due process. The case is about how the Article 50 notice should be given, not whether it should be given. The judgment is at pains to make this perfectly clear. It was regrettable, mischievous and shameful for certain parts of the press and particular politicians to claim otherwise. It is also worrying that Liz Truss, the new Lord Chancellor, who recently swore an oath to respect the rule of law and defend the independence of the judiciary, took so long to respond to the judgment and support the judges. She still hasn’t condemned the press and she should be ashamed of herself. The Law Society has spoken out in favour of the judges and attacked the press. Sadly, its contribution was overshadowed by the prominence given to the Bar Council’s defence of the judiciary. The Bar Council met on 5 November, 2 days after the judgment was given and was 18
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Wales will shrink to 3 or even 2 if the hardline reformers have their way. Perhaps more controversially, I will be arguing for the continuation of the rule which allows solicitors who do not have practising certificates to be council members. The woman who was commissioned to review the workings of council this time last year wished to restrict council membership to practising solicitors and I suspect this reform is still on the agenda. therefore able to give a swift and authoritative response to the press attacks which had been endorsed by its council. But I want to point out that the Law Society has being supporting the judiciary, too. I am mentioning this case at the beginning of this article as it is the most important case of the century so far (although it will be eclipsed by the Supreme Court decision) and constitutional issues are the theme of the article. The constitutional issues which the Law Society is presently grappling with are trivial in comparison to Article 50. Governance issues dominated the October council meeting which was held, once again at ICAEW hall. By the end of the meeting it had been decided that: • To establish a new Main Board; • This Board will be chaired by a solicitor; • The other Board members will be the three office holders (President, Vice President and Deputy Vice President), 5 other council members, two solicitor members who are not council members, up to 2 lay members and the chief executive; • The lay members of the Main Board and the chief executive will not have a vote; and • There will be no limit on the number of consecutive terms of office for council members.
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This is the first step in the review of the Law Society’s governance. The next steps are to review the size and membership of council and the Law Society’s boards and committees. I am broadly in favour of what has been agreed. I applaud the president for the manner in which he has led council through a number of debates which were potentially unpleasant but were conducted in a civilised and good humoured way thanks to his chairmanship. I am not completely convinced of the need for lay members on what looks to be a very large board (it has up to 14 members) and I am concerned that the role of president will be diminished by the new role of chairman of the Main Board (whose term of office will be 3 years rather than the 1 year of a president’s term). However, these points were aired thoroughly at the meeting, everyone who was present had an opportunity to contribute to a debate which was not guillotined and these matters have been decided for now. The size and composition of council is always an unpleasant topic for discussion. It will certainly be on the agenda of the December meeting and I expect the vote to be taken at the February meeting. I will be arguing strongly for adequate Welsh representation when this issue is debated, but I fear that the current quota of 5 council members from
My article is mercifully short this month. This is mainly because I have written another article for this issue and my deadline for submitting this article expires in 15 minutes’ time. So I will now wish all of you and yours and very merry Christmas and a happy and prosperous New Year. I hope that 2017 may be a more settled year than its predecessors. I will conclude by mentioning a member of the judiciary, since I started by referring to the constitutional need for the judiciary’s independence. Our Designated Civil Judge, HHJ Seys Llewellyn QC is about to retire. He has adorned legal Life in Wales with his decency, his kindness, his intelligence and his dry sense of humour. He has been a strong supporter of both Cardiff and District law society (even attending our annual dinner on his birthday!) and the Confederation of South Wales Law Societies, for whom he spoke every year at their Civil Updates Day. He has also helped raise thousands of pounds for Reaching Justice Wales and I hope we will see him at the Cardiff Legal Walk in future. Thanks you, judge, for your support, particularly your support for me when I was president of Cardiff and District law society. I hope you have a long and happy retirement. n David Dixon Twitter: @saldixie