Birmingham Law Society Bulletin October 2018

BIRMINGHAM LAW SOCIETY

BULLETIN ONE PROFESSION

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INSIDE THE NEW JEEP WRANGLER

AUTUMN STYLE TRENDS DIVERSITY

IN YOUR

WORKPLACE

Your monthly update from the

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IMPROVING ACCESS TO JUSTICE

Birmingham Law Society.

OCTOBER 2018

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© 2018 Stewart.

All rights reserved.

THIS ISSUE

ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email carey@ fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to Jason Hadden at editorial@birminghamlawsociety.co.uk

Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2018

BLS FOOTBALL TOURNAMENT

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President’s Letter Birmingham Law Society’s President, James Turner.

Law Society News. What’s happening at the Society and at members’ Practices.

Regulation Report. Jayne Willetts on whether to report or not to report.

Best Practice. William Clegg QC on changes in the law during his career.

Best Practice. Looking at diversity within your workplace.

Out of Hours. All the pictures from recent BLS events, autumn’s style trends for him and her, amazing weekend escapes and inside the new Jeep Wrangler.

CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2018 - April 2019 President: James Turner Vice President: Linden Thomas Deputy Vice President: Inez Brown Joint Honorary Secretaries: Chaitali Desai and Sophie Samani Board of Directors 2017 - 2018 Chairman: Eileen Schofield Ex-Officio: Andrew Beedham Vice Chairman & Director: Prof. Bernardette Griffin Finance Director: Ben Henry Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: Dee Kundi Director: Tony McDaid Director: Regan Peggs Ex-Officio: James Turner Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

IMPROVING ACCESS

Birmingham Law Society is committed to improving access to justice. Our pro bono committee is active throughout the year providing support and encouragement for those wishing to undertake pro bono work and signposting clients to services available in our region. The Society’s pro bono activity will be the subject of an event scheduled at 5:00 pm on 31 October 2018, during Justice Week, hosted by Gowling WLG, at which a range of local, national and international pro bono opportunities will be showcased.

in the country. It will be an excellent opportunity to find out what the project involves and how you can volunteer.

For further details of the event please contact the Vice President and Chair of the Pro Bono Committee, Linden Thomas (l.thomas@bham.ac.uk). I look forward to meeting with representatives of many of our member firms and chambers engaged in employment law in attendance at the event.

The Society is supporting the Employment Lawyers Association with the launch of ELIPS (Employment Tribunal Litigant in Person Support Scheme), which will provide pro bono advice to litigants in person attending Tribunal in Birmingham.

AJF has two main funding streams: unclaimed client account donations and sums raised via fundraising activities. Key amongst the latter are the Legal Support Trust walks undertaken in twenty eight locations in England and Wales . Of those events undertaken outside London, Birmingham leads the field, raising over £21,000 through the legal walk undertaken in the city this year.

We saw record numbers attending but I expect fierce competition from Manchester next year, so we aim to increase our numbers from the 420 who took part this year and also the funds we raise for this worthy charity.

Following the success of this initiative in other areas of the country we aim to identify local volunteer solicitors and barristers who can assist in reducing the justice gap. The launch event is scheduled for 25 September 2018 at 5:30 pm at DWF LLP’s offices at 1 Snowhill, Birmingham, B4 6GA. President of the Employment Tribunals, Brian Doyle, Regional Employment Judge Fiona Monk and Employment Judge Lorna Findlay, who endorse and support the proposed scheme, will be attending the event, along with lawyers who have volunteered for the scheme elsewhere 4 www.birminghamlawsociety.co.uk

I recently met with Laura Cassidy, Fundraising and Development Manager of the Access to Justice Foundation (AJF) to discuss the work of the charity. Since the Legal Services Act was passed eleven years ago a successful party in civil proceedings, advised on a pro bono basis, has been able to apply to the court for a pro bono costs order. The sums awarded by the court are then paid to a prescribed charity. The Access to Justice Foundation (AJF) has been the prescribed beneficiary since October 2008.

The AJF distributes funds to numerous organisations countrywide, such as the Personal Support Unit, who provide representation or support as part of the litigant in person support strategy. However, for every grant

S TO JUSTICE

UPCOMING EVENTS 200TH ANNIVERSARY BICENTENARY GALA DINNER 4th October 2018 6:30 PM - Late International Convention Centre Broad Street Birmingham, B1 2EA LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 2018 17th October 2018 8:30 AM - 12:00 PM TBC SHOW ME THE MONEY! Family Law Seminar 11th October 2018 1:45 PM - 5:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT LUNCH CLUB WITH... DAVID JOHNSTONE OBE 12th October 2018 12:00 PM - 1:30 PM Revolution De Cuba 8 Temple Street Birmingham, B2 5BN LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 2018 (October session) 17th October 2018 8:30 AM -12PM TBC

distributed the Foundation has to turn away ten applicants for lack of sufficient funding resources. e Of the approximately 1.9 million civil cases heard in the jurisdiction only around thirty pro bono costs orders are made each year. That is an astoundingly low figure. It indicates two obvious issues: ensuring litigants in person (LIPs) and advisers apply for orders and ensuring that the AJF is informed every time the court makes an award. The latter is not automatically confirmed by the court and requires the parties to ensure the information is provided so that the AJF can chase payment of the orders.

The orders are available in all civil courts, from small claims to the Supreme Court, and are based on the rates fee paying clients would have incurred.

Orders vary massively from as low as £150 up to £60,000 in significant cases.

A single order has the potential to produce funds to the charity beyond that raised by huge charity events. Sadly such orders are not available in tribunals or as wasted costs in criminal courts but there is clearly an argument for government to review that position.

A pro bono costs order can be granted for advice given to a litigant in person in addition to representation in court.

LIPs are well advised to complete a pro bono passport in which they record their own time engaged and the hours of pro bono advice they have received throughout their case, to ensure the judiciary are provided with the relevant information required to make an award.

The successful LIP can also be awarded £19 per hour for their time engaged in preparation of their case.

For more information or to support the AJF in its work please contact Laura Cassidy at the AFJ by e-mail to lauracassidy@atjf.org.uk.

Birmingham Law Society are proud to work in partnership with our sponsors:

THE DISAPPEARANCE OF MISS BEBB - CELEBRITY PLAY READING AND CONFERENCE 21st October 2018 1PM - 9PM University of Birmingham The Great Hall Edgbaston Birmingham, B15 2TT ANNUAL COMPLIANCE UPDATE 2018 14th November 2018 1:00 PM - 4:30 PM Anthony Collins 134 Edmund Street Birmingham, B3 2ES ADVOCACY TRAINING 15th November 2018 12:30 PM - 4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR NEWLY QUALIFIED SOLICITOR AND BARRISTER CELEBRATION 2018 15th November 2018 6:00 PM - 8:00 PM BPP University 32-34 Colmore Circus Birmingham, B4 6BN

To book onto any of these events visit: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety. co.uk www.birminghamlawsociety.co.uk 5

SOCIETY NEWS

IN THE FOOTSTEPS OF MISS BEBB …

THE

DISAPPEARANCE OF

MISS BEBB

A conference on the future of women in the Law and a celebrity reading of Alex Giles’ play inspired by the case of Bebb v. The Law Society

performed at the play’s first performance in London last year. Laura Main will play Miss Bebb. The 90-minute play premiered last year in London in support of the Kalisher Trust, a charity helping young people from disadvantaged backgrounds pursue a career at the criminal bar.

The event is part of a programme to mark the 200th anniversary of BLS, which accepted its first female member in 1923.

From 1pm Sun 21st Oct 2018 University of Birmingham £60 Combined ticket £40 Play reading only Concessions available

Tickets: www.eventbrite.co.uk

A play chronicling the struggle of women to be accepted in to the legal profession is receiving its Birmingham premiere.

Birmingham-born stage and screen actor Martin Shaw and Call the Midwife’s Laura Main will lead the celebrity cast in The Disappearance of Miss Bebb.

The performance will conclude a conference exploring the future of women in the law on 21 October, at the University of Birmingham. The radio-style play, with live music and sound effects, is open to the

public. The Disappearance of Miss Bebb, by lawyer/ playwright Alex Giles, is inspired by the 1913 case of Bebb v The Law Society.

Gwyneth Bebb was one of three female plaintiffs in the case seeking admission to the Law Society, which at the time prevented women practicing as solicitors.

The case paved the way for the Sex Disqualification (Removal) Act 1919, allowing women to become lawyers.

Martin Shaw reprises the role of Bebb’s barrister, Mr (later Lord) Stanley Buckmaster KC, which he

OBITUARY

6 www.birminghamlawsociety.co.uk

Eileen Schofield, chair of the board at Birmingham Law Society, said: “It is a tremendous coup to have secured this play for Birmingham and a great way to mark our bicentenary. Women now make up half of new solicitors so it’s astonishing to think that a century ago they were barred from practice. Alex Giles’ work is a powerful drama and a great way to celebrate how far women have come in the legal profession.”

Tickets for the play are from £20-£40 and are available at www.eventbrite.co.uk.

The proceeds will support the work of the Kalisher Trust.

Speakers at the The Future of Women in the Law conference include Lord Judge, former Lord Chief Justice; Linden Ife, practicing barrister with Enterprise Chambers and Eileen Schofield.

FITNESS WITHOUT RULES The first Boutique Fitness Studio in the West Midlands, has opened, offering Group Fitness classes and Personal training.

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WIN AN EIGHT WEEK BOOTCAMP! Anarchy45 are launching a competition for two lucky members, a male and a female member will win an eight-week boot camp. To enter you must email Claire Goddard with your reasons why you feel you should be chosen and the reason why you want to increase your fitness levels and lose weight. Email claire@ anarchy45.co.uk The closing date is 19 Oct.

MEMBERSHIP BENEFITS Anarchy are also offering BLS members an exclusive corporate offer: Option 1 - £69 with unlimited classes, starter pack, hoodie and water bottle, 1x Personal Training session worth £65 per month, 1x Bring a buddy in once a month, 10% of retail, food and beverages.

Option 2 - £50 for unlimited classes (on the basis we sign up over 25 members) If you are interested please email events@ birminghamlawsociety.co.uk

TERESA PANTHER passed away on 30 August. Teresa worked in the Built Environment department at Anthony Collins Solicitors (ACS) which she joined in November 2011 with promotion to Associate (2012) and Senior Associate (2013). Prior to ACS, Teresa worked in Birmingham with Hammond Suddards, Eversheds and Bevan Brittan. She also served as Chair of Women in Property for the West Midlands (2004-2005).

Outside of work, Teresa was an avid runner and traveller, spending time particularly in Spain, the birthplace of her husband Paco. Teresa and Paco enjoyed many years living in and around Harborne with their young family and built up extensive friendship networks through their many social and professional connections.

Teresa was an astute, pragmatic and talented lawyer who got on well with clients who appreciated her wisdom.

As a colleague, Teresa was goodhumoured, always ready to lighten the mood making sure nobody took themselves too seriously along with helping train numerous junior lawyers.

The family has asked that donations in Teresa’s memory are made to Cancer Research UK – ACS have set up a Just Giving page at https://www.justgiving. com/fundraising/anthony-collinssolicitors.

She will be sadly missed.

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SOCIETY NEWS

BIRMINGHAM’S JUSTICE FIRST FELLOWS Anisa’s Family Reunion Project is going from strength to strength and funding has been obtained for the Project through a joint funding bid with Red Cross which will enable Central England Law Centre to employ a coordinator to manage the volunteers and ensure the sustainability of the project. The next step is to recruit volunteers with experience of the Family Reunion process in order to assist with the project. Anisa is very much looking forward to getting the project up and running after seeing it evolve from concept stage only a year ago.

Many people are unable to access the information, legal advice and representation they need. The Legal Education Foundation believe that communities must have committed social welfare lawyers who are able to work in innovative ways to address this gap. Therefore, in 2013, the Foundation established the Justice First Fellowship (JFF) – a scheme to provide fully-funded training contracts, pupillages and wider development opportunities for the next generation of specialist social welfare lawyers. Brooke Toon and Anisa Altaf are currently JFF trainees at Central England Law Centre, which has an office in Sparkbrook.

The aim of the Fellowship Scheme is to provide a route to a career in this important area of law. The goal is to

have Fellows go on to become leaders in their field and important advocates for access to justice and the rule of law. Funding secured by Birmingham Law Society from five member firms (Eversheds Sutherland; Gowling WLG; Hogan Lovells; Mills & Reeve; Shakespeare Martineau), coupled with support from the Legal Education Foundation; allows the trainees to train in an area of law which, due to recent cuts to legal aid, may have been difficult to train in.

Fellows are provided with time and resources during their training period to develop and implement a project that will advance access to justice in some way, running a project alongside your training contract is a requirement of the JFF scheme.

Brooke’s Project involves helping bring housing advice to Birmingham. She has now completed the first stage of her project, which involved conducting initial research and meeting other advice and housing support providers to get an idea of what front line advice is currently available in Birmingham, and to build working relationships with these organisations, with a view to addressing the identified need. As a result of the research she carried out, they were able to ascertain what their service may look like and ethey have now hired the first employee of the Birmingham Housing Team. He started in his role in April this year. We have also gone on to successfully secure the Legal Aid contract to allow us to provide Housing advice from our Birmingham office.

The fellows will qualify in February 2019. They are both currently in their final seats. Anisa’s training contract has consisted of seats in Welfare Benefits, Family and Immigration. Brooke has completed seats in Housing, Welfare Benefits and Public Law and Community Care.

BIRMINGHAM FLAG LAUNCHES 2018/2019 TERM

October sees Birmingham FLAG kick off its 9th year supporting the local Birmingham community by providing free legal advice to those who need it. The scheme is operated by students at the University of Birmingham (“UoB”), working under the supervision of qualified legal professionals, who between them advise on a wide range of legal issues including: family and matrimonial, company and contract law, wills & probate, employment, property and civil litigation.

Professional volunteers from Mills & Reeve, 8 www.birminghamlawsociety.co.uk

Shakespeare Martineau and No5 Barristers’ Chambers will this year again commit their time to supporting and supervising UoB undergraduate law students, providing practical experience of real life clients with real legal issues. They will also provide students with training on interview techniques and drafting letters of advice, to ensure they’re fully prepared to carry out each client interview and prepare accurate written advice.

Between October 2017 and March 2018, Birmingham FLAG handled over 350 enquiries and took on over 33 cases – an increase of 27% on the previous year.

Feedback was positive, with 89% of those who responded saying they would

recommend Birmingham FLAG to someone else. The scheme’s work was further recognised in April this year, when the student FLAG co-ordinators at UoB won the LawWorks and Attorney General’s Award for Best Contribution by a Team of Students, at the annual Student Pro Bono Awards held at the House of Commons.

The 2018/2019 term launches on Wednesday 10th October at the Birmingham offices of Shakespeare Martineau, where UoB students will meet professional volunteers to celebrate the successes of last term and kick off its 9th year. The evening will see staff from the contributors to FLAG address the group on the scheme’s activities and the importance of pro bono in providing access to justice.

For any questions about Birmingham FLAG, please contact FLAG Director and Vice President of Birmingham Law Society, Linden Thomas.

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REGULATION REPORT

can see a strong argument for urging the SRA to reinstate the reporting requirements in the 2007 Code under which firms were required to report serious misconduct rather than “serious breach of regulatory arrangements”, which adds unnecessary confusion. Guidance was given as to what constituted serious misconduct i.e. “any conduct involving dishonesty or deception or a serious criminal offence would amount to “serious misconduct”.

The Bar Standards Board uses almost identical wording to the 2007 Code. The test has much to commend it, the obligation being to report “if you have reasonable grounds to believe that there has been serious misconduct”.

TO REPORT OR NOT TO REPORT Written by Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors The recent SRA consultation paper “Reporting concerns” has brought into sharp focus the challenges faced by firms in deciding when, and if, to report misconduct to the SRA. The duty to report misconduct to the regulator has been with us for many years.

The 1974 Guide imposed a duty to report conduct “which fell short of the proper standards of conduct”. By 1999, the duty had developed into reporting “serious misconduct”. In 2011, this core duty was augmented by responsibilities imposed upon COLPs and COFAs under the Authorisation Rules to report material failures to comply with regulatory arrangements.

When the new Handbook is introduced in 2019, the obligation imposed upon firms, individual practitioners and compliance officers will be identical apart from the timing of any report. Under the new Codes of Conduct, both firms and individual practitioners will be required to “ensure that a prompt report is made of any serious breach of regulatory arrangements”. On the other hand, compliance officers under the new Code of Conduct for firms will be required to report “as soon as reasonably practicable, any serious breach of the regulatory arrangements”. The threshold for reporting is therefore the same i.e. serious breach but compliance officers have more latitude in terms of timing – “as soon as reasonably practicable” as opposed to “prompt”.

Experience since 2011 has shown that many firms and compliance officers are so overawed by the SRA that they err on the side of caution and report rather than risk 10 www.birminghamlawsociety.co.uk

being criticised for failure to report. It was said that when COLPs & COFAs were first introduced that some firms were intending to report one or two minor breaches annually so as to demonstrate to the SRA that they had effective compliance arrangements in place.

It is asserted in the consultation paper that the key question is whether the alleged facts or matters indicate a serious breach of the SRA’s regulatory arrangements. “Regulatory arrangements” are defined by Section 21 of the Legal Services Act 2007 and include not only conduct and practice rules but also authorisation, qualification, indemnification and compensation arrangements. It is unlikely that the average firm without a compliance team would be familiar with the finer points of all these regulations. Added to this difficulty is the question of identifying what is or is not serious. The SRA attempts to solve this dilemma by referring firms to its own Enforcement Strategy which is said to contain the common factors such as intent and motivation which affect the SRA’s view of the seriousness of an allegation.

The SRA asks the consultee to choose between four options as the evidential threshold for reporting centred around belief or reasonable belief that a serious breach has occurred. Each of the options require firms to investigate the alleged wrongdoing and then to form a view whether there has been a serious breach of the regulatory arrangements before reporting. With respect, this is the wrong approach. It is not for firms to determine whether a breach is serious or not – that is a matter for the SRA as regulator using its own Enforcement Strategy.

In simple terms, firms should be required to report serious misconduct and at an early stage. The SRA should then determine the seriousness or otherwise of the breach. One

Whilst one can appreciate that the definition of serious misconduct has moved on since the 2007 Code, it should not be impossible for the SRA to provide clear examples of what should almost always be reported – such as criminal convictions; breach of client confidentiality; breach of undertaking; and any conduct that might involve dishonesty such as theft and/or misrepresentations in writing to clients and/or forging documents.

At present there is no such guidance for the profession. Firms need confidence from objective guidance and examples to make reasoned decisions to report or not to report.

The scales of responsibility need to shift back towards the regulator.

The current propensity to report what are essentially partner or employee performance issues as opposed to obvious professional misconduct also needs to be discouraged.

An inappropriate report to the SRA made on the basis that the firm has no option but to report can destroy a solicitor’s career (even if eventually dismissed as groundless). A report to the SRA is a blunt instrument which should only be used when wholly justified.

It remains to be seen how the SRA will tackle the significant amount of alleged sexual misconduct cases that have been reported recently. Questions abound as to whether these cases should be left to the HR professionals and/or to the police and whether the SRA is suited to handling the sensitive nature of the evidence and the vulnerability of the witnesses. It is said that the current caseload will take three years to investigate. Clearer guidance may have helped in this instance.

The SRA’s stated aim of ensuring greater clarity is welcome but the SRA needs to keep it simple so that the profession can concentrate on serving its clients and not spending time trying to work out the finer points of whether a report is required.

Because of the brevity and high level nature of the requirements in the new Handbook and the stripping out of indicative behaviours, the SRA promised in its consultation “Looking to the Future” that it would produce guidance in relation to some of the more complex issues of interpretation. This could be one such issue.

Jayne Willetts is also a director of Infolegal – a law firm compliance consultancy – www.infolegal.co.uk

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WORKING WITH YOU TO BUILD, GROW, PROTECT AND PRESERVE YOUR WEALTH Andrew Whiting Wealth Consultancy LLP is a Senior Partner Practice of St. James’s Place Wealth Management and has been providing expert wealth management advice to clients throughout the country for over thirty years.

Andrew Whiting joined St. James’s Place in December 1991 and was one of the original Partners at the inception of J. Rothschild Assurance Group, as it was then known. Having successfully built up and sold a chain of electrical retail shops previously, it was a discussion with his financial adviser at the time that encouraged Andrew to pursue a career in the industry in 1987.

He remembers thinking that “I had some business contacts to work with and could read a set of accounts, so I decided to give it a try”. 30 years and several hundred hours of exams later, the ever-growing client base of Andrew Whiting Wealth Consultancy LLP tells its founder that he has probably made the right decision. Andrew and his trusted team cover all aspects of financial planning, specialising in wealth creation, protection and management aspects of business exit strategies, retirement planning and inheritance tax planning.

His 2000 clients are looked after by his equity partners, advisers and support staff of legal graduates and qualified paraplanners, their typical clients include CEOs and Managing Directors, Solicitors, Barristers, Accountants and Entrepreneurs - many of whom are too busy running their lives and their businesses, and so choose to entrust Andrew and the team to keep them on target to achieve their financial goals. through regular face-to-face meetings and a holistic approach to wealth management, Andrew and his clients create a roadmap from where they are now, to where they would like to be in the future using their targets and aspirations in either their career or family life as a guide.

The advice is personally tailored to the client’s objectives - as individuals, trustees or businesses - ensuring that their plans remain on track and are still appropriate if circumstances ever change.

Andrew’s day consists of rising at 5.45am and he is waiting for the gym to open at 6.15am. At his desk by 7.45 am, breakfast is taken with the team where he will discuss the day’s appointments and marketing initiatives, as well as the technical and individual aspects of each client meeting.

Andrew’s day also consists of back to back meetings. with clients either at St. James’s Place House or at clients’ homes or offices.

With a day on the road, Andrew uses the services of a driver who he has used for many years; this allows him to maximise

Andrew Whiting

his time in between meetings to dictate or complete file notes. Returning home between 7.30pm and 9.00pm, Andrew will spend an hour or two finishing the day’s paperwork ready for submission first thing the following day. Before retiring to bed, Andrew will try to read a chapter of one of the several business autobiographies lying on his bedside table. Some see the regime as unhealthily obsessive: Andrew sees is as necessary to provide the level of service and quality of advice he expects his clients to receive.

Andrew considers marketing as a big part of his role and feels that acquiring new clients is a prerequisite for any business - “a business either grows or dies: it is as simple as that.” Although he commits time and money to marketing, itis notable how a large percentage of new clients are referred to him through existing clients.

“We try to develop lasting relationships

with clients, who become advocates of our professionalism, dedication and of the quality of service and advice that we provide - referrals are comfortably our biggest source of new clients, so we must be doing something right.” says Andrew.

This is evidenced by the fact that many companies and individuals have been with him for all his 30 years in the financial services industry.

The St. James’s Place approach that clients have access to through Andrew is distinctive in that they believe that no single investment house has a monopoly on investment expertise. Through the use of both an Investment Committee and an independent investment research consultancies, Stamford Associates, Redington and other independent consultants ‘best of breed’ fund managers from across the global marketing are monitored once appointed to manage St.

The Partner Practice represents only St. James’s Place Wealth Management plc (which is authorised and regulated by the Financial Conduct Authority) for the purpose of advising solely on the Group’s wealth management products and services, more details of which are set out on the Group’s website www.sjp.co.uk/products.

The `St. James’s Place Partnership’ and the titles `Partner’ and `Partner Practice’ are marketing terms used to describe St. James’s Place representatives.

12 www.birminghamlawsociety.co.uk

ADVERTISING FEATURE

"We try to develop long lasting relationships with clients, who become advocates of our professionalism, dedication and of the quality of service and advice we provide."

St James's Place formally traded as J.Rothschild Assurance Group.

St. James’s Place House, Shirley, Solihull, West Midlands.

Andrew Whiting at the top of the world

James’s Place funds. If the fund managers lose the confidence of the Investment Committee, they will be removed and replaced by another manager at no cost to the client as the fund remains the same, only the management of it will change.

This distinctive approach allows investors to diversify their investments by spreading their money across different funds in different sectors throughout the world, run by fund managers with different styles.

James’s Place Charitable Foundation (www. sjpfoundation.co.uk), where every pound donated is matched by the company. Since 1992, over £71.2 million has been raised and distributed to good causes both in the UK and around the world. The Foundation has three main themes: Cherishing the Children, Combating Cancer and Supporting Hospices, and employees and members of the Partnership can also nominate local charities to benefit from support.

presented and discussed for the benefit of legal professionals, accountants, entrepreneurs and business owners. For further information, please contact the office on the details below.

These funds are exclusively available through St. James’s Place Partners such as Andrew and cannot be invested in through fund supermarkets.

This level of service is demonstrable to clients through weekly E-Briefings monthly investment bulletins and links to a TV service where the fund managers tasked with managing clients’ money are interviewed and asked to comment on their views of the market. Furthermore, Andrew promotes a ‘no hiding place’ policy - every one of his clients always has his mobile number to discuss matters with him at any time.

Andrew Whiting Wealth Consultancy LLP is also an active participant and contributor to the philanthropic arm of the organisation, the St.

The value of an investment with St. James’s Place will be directly linked to the performance of the funds selected and may fall as well as rise. You may get back less than the amount invested.

Over the years, Andrew has completed triathlons, and conquered the Ten Tors and the Three Peaks challenges. In 2013, Andrew was part of a team that trekked to Everest base camp with one member having the privilege to be allowed to summit Everest itself, raising £750,000 - part of a record-breaking year that saw over £5 million raised by the Foundation. Andrew hopes to continue with his charitable work.

As for the future of the consultancy, Andrew anticipates taking on additional advisers and paraplanners to match the speed at which the business is growing. He will also be running special advice seminars throughout the year tailored to sectors where topical issues around finance or changes in legislation are

St James's Place House, Central Boulevard, Blythe Valley Park, Solihull, B908AR. Tel. 0121 215 0926 E. andrew.whiting@sjpp.co.uk W. www.andrewwhiting.co.uk

BEST PRACTICE

to be accommodated in hotels if no verdict was forthcoming.

Only a few years before capital punishment had been removed as the only sentence for murder but many judges still sitting had passed the death sentence and known that the man or woman they had tried would die. It was in truth a different world. However, one piece of legislation, more than any other, has changed the nature of criminal trials, The Police and Criminal Evidence Act 1984.

Before the passing of the Act almost all criminal trials turned on whether the alleged oral confessions of the defendants had been made by them or invented by the police. Routinely, suspects were denied access to a solicitor and interviewed without any contemporaneous record being made, let alone a recording. After interviews were concluded the police would make a short note, all too frequently alleging that a full confession had been made.

Curiously these confessions were normally immediately retracted once the suspect's solicitor was allowed access to his client.

There were many, myself included, who doubted that professional criminals would be overcome by remorse the moment seen by the interviewing officers and make a full confession to the offence under investigation only to immediately retract the confession once a solicitor had been permitted to see them. Trials became gladiatorial contests between the police and defence counsel as “the verbals,” as they were known, were challenged first in a voir dire and then before the jury (because the scepticism that I had over the accuracy of the policeman’s notes, made recording the alleged confessions, never seemed to be shared by the judges.)

For a short time, after the Act had been passed into law, the courts were frequently told that criminals, doubtless aware of the new arrangements in the police station and anxious to avoid the inconvenience of an accurate record, were said to have frustrated the process by volunteering a confession in the car on the way to the station.

CHANGES IN THE LAW OVER MY CAREER

BY WILLIAM CLEGG QC It is 50 years since I went to Bristol University as a young undergraduate to study law and in the intervening years much has changed, some for the good and some not so good. In 1968, when I went to Bristol, criminal trials was still decided at Assize and Quarter Sessions as they had been since the Middle Ages. Trials could only take place after committal proceedings before the magistrates, where the prosecution witnesses could be cross-examined and their evidence tested, a tactic frequently used in sex cases.

At trial defendants could remain silent in the dock and no adverse inference could be drawn from their silence, they could address the jury by making an unsworn statement from the dock at the conclusion of the prosecution case and put forward any defence they wanted knowing they could never be questioned about it. This was all after a jury had been selected after they had exercised, if they chose, up to seven peremptory challenges, thereby removing any juror they did not like the look of. Hearsay was inadmissible and rape victims had no anonymity and were routinely asked about their previous sexual history.

Defendants did not need to give notice of the defence they were advancing with the sole exception of alibi evidence; it was quite normal to ambush the prosecution with an unexpected defence.

There was no obligation to inform the prosecution of defence witnesses they intended to call, again unless they were alibi witnesses, expert reports did not need to be served and no notice had to be given of whether you were calling an expert. Jurors could not go home once they had started deliberating on their verdict and courts frequently sat into the evening to await verdicts, juries having 14 www.birminghamlawsociety.co.uk

Fortunately judges were not prepared to see the clear intention of Parliament thwarted in this way and such alleged confessions were normally excluded until either criminals realised that there was no use trying to confess outside a formal interview or policemen realised that it was no use inventing false confessions on the way to the station. It became clear to all that interviews were going to have to be done within the rules with a solicitor present and a tape recorder running. Curiously the number of alleged confessions dropped dramatically.

The result was good for justice, not only were interviews with the police properly recorded, with the result that the days when police officers were cross-examined up hill and down dale over alleged oral confessions disappeared, thereby shortening trials, it also made the police seek real evidence before anyone could be charged and avoided the temptation of the fabricated confession to get a conviction.

Regulating the way in which suspects were interviewed was only one of the changes that the Act introduced. It also set out, in statutory form, the powers of stop and search, arrest, search and seizure and in Section 78 brought in the power of a judge to exclude admissible evidence sought to be called by the Crown because the introduction of the evidence would be unfair.

This far reaching amendment, introduced in the House of Lords, gave judges for the first time a statutory power to exclude admissible relied upon be the prosecution. The application of this section over the 34 years that has elapsed since the Act was passed must have been invoked thousands of times to protect those accused of crime from the unfair introduction of evidence by the Crown.

However you look at it, the Act was a landmark statute in the history of the English criminal law and certainly in my career no statute has done more to change our criminal trials for the better.

Under the Wig: A Lawyer’s Stories of Murder, Guilt and Innocence by William Clegg QC is published in October (Canbury Press, Hardback, £16.99)

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To many, the information in the preceding paragraph is not new. So, the challenge the profession needs to face is how to understand the reason for the lack of diversity amongst law practitioners and what steps need to be taken to change this. It is not possible in one article to address all of the issues concerning each and every minority group, as they are multi-faceted and different for each group. Some of the problems also arise once an individual has already entered into the workplace, whereas others arise even before a student receives a training contract or gains a pupillage. For the remainder of this article, I will therefore focus on what I believe to be one of the main problems; a lack of social mobility which hinders those from disadvantaged backgrounds getting into and moving up the ladder of the profession.

Whilst some law firms are recognising non-traditional methods of entry to the profession, such as law apprenticeships and CILEX (the latter of which has been established for some time) many solicitors will still qualify through the traditional route – studying a law degree, undertaking the Legal Practice Course and undergoing a two year training contract. Many trainee solicitors and pupil barristers will have studied at Oxbridge or a Russell Group university, where the majority of students will have come from a privileged background. It has been well publicised that Oxbridge has become less diverse of late, with the richest gaining 80% of offers, according to an article published in The Guardian on 19 October 2017. A separate article published by TES on 25 January 2018 stated that students from the most disadvantaged places in the United Kingdom accounted for just 6.2% of the Russell Group intake of 2017.

ENCOURAGING DIVERSITY AT WORK Written by Francine Blanc, an associate solicitor in the Real Estate team at Russell-Cooke LLP. The Cambridge Advanced Learner’s Dictionary defines diversity as “the fact of many different types of things or people being included in something; a range of different things or people.” Many people will be aware of what this means and will understand that “different types of people” means a mix of individuals from different ethnic, cultural, socioeconomic and religious backgrounds and from different communities.

Increasingly, organisations are focusing on improving diversity in their businesses recognising that having different people from different backgrounds with different perspectives generates a range of ideas, and is an asset which can add value to a business. There are however still barriers to overcome within many professions and law is no exception.

It goes without saying that working in the legal profession is an extremely client facing role. Diversity in the profession is therefore essential to reflect the nation which lawyers assist. Whilst there have been significant gains in the proportion of female solicitors entering into the profession, partnerships are still dominated by white males. The proportion of female entrants to the bar is also on par with the proportion of male entrants, if not marginally higher, however there is an issue of retaining women at the bar and also an over-representation of women in publicly-funded practice areas.

According to the Bar Standard’s Board’s Report on Diversity published in January 2018, female QCs constitute only 14.8% of the Bar, however very few women actually apply in the first place. There is also an over-representation in both professions from individuals who have attended fee-paying schools, which suggests there is a lack of social mobility. Now turning to practitioners from the Black, Asian and Minority Ethnic community (“BAME”). Whilst the number of BAME entrants to the law continues to increase, there is a significant lack of BAME partners at law firms and BAME QCs at the bar. Both solicitors and barristers also have a lack of disabled practitioners, and whilst the number of LGBT entrants into the profession does apparently reflect the number of LGBT individuals in the wider population, a large majority are not “out” in the workplace.

16 www.birminghamlawsociety.co.uk

There is also a certain amount of snobbery in the legal profession, where the preference still appears to be to recruit trainee solicitors who have attended what are considered to be “prestigious” universities, rather than from ex-polytechnics or non-Russell Group institutions, which are thought to be lower-performing and/or inferior. This is in spite of universities such as Dundee, Southampton Solent and UEA being within the top 20 universities for law as ranked by The Guardian University Legal Tables 2019.

Therefore if poor or underprivileged students are not attending the best universities in the first place, which law firms appear to be selecting from, it isn’t surprising that there is a lack of socioeconomic diversity in the profession?

Those who are talented but from a poor or disadvantaged background may well not be applying to Oxbridge or Russell Group universities in the first place because they lack the confidence to do so and do not have a ready made network of professionals to turn to for careers advice and assistance. Those students are also more likely to attend a school in a disadvantaged area, which may lack the resources to prepare and advise students on an Oxbridge application. There are various schemes and charities which do assist, such as The Social Mobility Foundation and widening access schemes typically offered by universities. Many law firms are also part of the PRIME alliance, which aims to improve access to the profession by work experience. There is still however much work to be done. Firms must carefully review their trainee recruitment processes to ensure that talented individuals are not missing out just because of their background. Some have adopted “blind” recruitment processes but all firms should strongly consider removing non-essential details from applications, such as the secondary school and university attended.

Consideration also needs to be given to looking at other skills necessary to the profession, such as work ethic and life experiences.

There is often an over-dependence on historical academic criteria in the selection process, and it is not necessarily the case that an individual who has attained 12 A*s or the new equivalent at GCSE will make a good lawyer. Those in recruitment should encourage, if not insist, that anyone dealing with the hiring process should undertake unconscious bias training. Universities, especially Oxbridge, should (if they do not already) partner up with disadvantaged schools and make sure that bright students are given the support, encouragement and confidence they need to apply to the best universities in the country, if they wish to do so. There is also work to be done by individual lawyers, especially those that can relate to these students, by becoming ambassadors for change and being open to mentoring and guiding young people to start their legal careers.

It is important that those entering the profession are capable however there is a diverse range of talent being missed out on which needs to be tapped into if the profession is to truly represent the society it serves.

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PROCESS SERVING IS CATEGORISED BY US INTO FIVE SECTORS: 1. Routine serve; the client posts the documents and we serve them within the next few days.

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BY HAVING A SYSTEM WHEREBY WE; 1 Acknowledge receipt of the documents 2. Serve immediately 3. Keep the Solicitor or client updated as to the progress of attempts or upon service 4. Affidavit, statement or certificate of service returned in a timely manner with correct spelling and grammar 5. And an invoice for the amount quoted.

By adopting these five principles we find that this will ultimately ease the burden for the solicitor and the client.

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We are covered with full professional indemnity insurance for all elements of process serving ensuring that you as a client are as protected as you can be from any pitfalls with process serving.

As a single point of contact for coverage across the country (and globe) we are proud in the fact that we deliver consistently on a daily basis with dozens of serves and therefore dozens of very satisfied customers.

Tracey’s team also consists of three more colleagues from Expert Investigations which means that there is always somebody available to deal with the serving, so we cover holidays, absence from work ,sickness and even bank holidays, with the only day we close for process serving is Christmas Day. If you would like to know more about our process serving them please contact Tracey Alcock: 02476 630498 (Option for Tracey) Tracey@expert-investigations.co.ukVisit our Process Serving page at www.expert-investigations.co.uk

EVENTS ROUND UP

SUMMER DRINKS AT ST IVES St Ives Chambers hosted their Summer Drinks Party in June at Revolucion de Cuba which is located in the former Birmingham Law Library.

The event brought together members of the legal community from around the Midlands for an enjoyable evening to celebrate the success of St Ives Chambers so far this year. Thus far, 2018 has seen the appointment of four Recorders from Chambers, Jeremy Weston QC, Andrew Day, Timothy Bowe and Matthew Maynard.

Jeremy Weston QC also won Birmingham Barrister of the Year 2018 at the Birmingham Law Society Awards whilst Elizabeth Isaacs QC was awarded the Legal 500 Regional Silk of the Year.

The event saw over 200 guests in attendance including solicitors and members of the judiciary and was a fantastic opportunity for guests to meet the many new additions to Chambers growing teams.

“It was a great night to celebrate with our clients and friends,” commented Head of Chambers, Jeremy Weston QC, “2018 is shaping up to be a year of growth and sustainability, I am confident that this year will be a success for both us and our clients.”

GUANGDONG JUDGES VISIT

‘BLS recently co-ordinated a seminar for a delegation of judges from Guangdong in the People’s Republic of China. The Chinese group led by Mr Jianping Zhong, vice president of the Guangdong High People’s Court included 20 other senior judges and other officials from the courts there. The visitors were in England to gain some insight into best practice here with a special focus on commercial law and international arbitration processes. They had presentations from Mohammed Zaman QC of No 5 Chambers and Andrew Hemming of Pinsent Masons which produced a lively interchange of views and experience. The event hosted by Pinsent Masons.

The delegation was welcomed on behalf of Birmingham Law Society by Inez Brown Deputy Vice President and Eileen Schofield Chair of the Board and the visit was facilitated by Michael Loftus of News from the Future.’

BLS FOOTBALL TOURNAMENT The football event took place at Goals in Star City, 16 teams took part in the tournament. The atmosphere was fantastic and all the teams taking part played a great game. Irwin Mitchell beat our sponsors Oosha to the final with Dawn Astle from the Jeff Astle Foundation giving out a special award to the best player to Daniel Tonks of Irwin Mitchell. £560.43 was raised plus £103 in the raffle. The event was supported by our sponsors No5 Chambers.

The Teams were Anthony Collins, BCFC, DLA Piper UK LLP, Gateley Plc, Irwin Mitchell LLP, No5 Chambers, Oosha Ltd, Ortus Group LTD, QualityDavisons Solicitors, St Ives Chambers, St Philips, Ward & Rider Ltd, Weightmans LLP

18 www.birminghamlawsociety.co.uk

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AUTUMN HAIR TRENDS 5

Summer has been a long one but autumn is finally upon us. Everyone’s hair has suffered some loss of condition this year with one of the hottest and longest summers we have seen for aeons in the UK.

Deciding what to do with your hair next is a hot topic too. Sunlight can do some wonderful natural things to your hair so do you embrace the lighter hues or warm-up your look for the colder months ahead?? How do you translate beachy curls back to office chic, and is it time to get some structure back into your cut?

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For those who are choosing to rock the “just off the plane look” through autumn think of adding warmer sun kissed tones to your blonde. Choose a more glowing pallet of colour with soft gold tones even into rose, peach and pink. Team these tones with a clever placement around the face (lighter to give width and darker to frame) *Ryans tip: “If you loved it on holiday but hate it at home don’t be afraid of adding back your natural depth, leave out or add lightness in key areas and bring back the darker roots dragging them down for a really natural ‘Caroline Flack’ look. “ Brunettes really feel the heat in the sun, causing lift in reds and increased brassiness where it’s not wanted, however with some simple colour work you can be cool and shiny again! Condition without compromise (try Umberto Giannini Over Indulge for an intensive treatment) to accentuate the multi tones in your hair which gives the illusion of adding depth and also a subtle lift. Choose a semi-permanent gloss, mocha’s for the deeper bases and coppers for mid to light browns to add a luminous glow.

Think of it as adding lip-gloss for your hair, moisture and condition without the damage!

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1: Outfit by Hugo Boss. 2: Tweed Earrings £12 River Island. 3: Rosaline Coat £349, Hobbs. 3: Tartan Wide Leg Trouser £40, River Island. 5: Simoone Boot, £180, Dune London. 6: Check Mini Skirt £45, Lipsy. 7. Bakerboy Cap £16 , TopShop. 8: Balmain Tweed Bag £1420, Harvey Nichols. 9: Brow Fox Backpack £275, Kate Spade. 10: Tartan Boot £45, Marks and Spencers.

With everyone copying celebrity styles its hard to be unique. Braver clients need to think shorter strong lines above shoulder with no angles and geometry.

Sassy natural texture is key to most looks this season and by using texture dust (Umberto Giannini Powder Pouf!) and a little heat for a suggestion of a bend, your style will be on point. Pony tails are always a style winner, wearing them low and pulling some hair out around the face with some natural texture will be the trend for A/W 2018. Keep Weatherproof Curls in your handbag for touch-up’s and twirls. * Mindy’s Tip Still confused? For an in-depth personalised consultation free of charge, don’t hesitate to call the salon and meet with one of our specialists who will be happy to talk you through any colour or style transition.

Find out more at Umberto Giannini, 50 Newhall Street, Birmingham. B3 3RJ. Tel. 0121 4000317 www.umbertogiannini.com

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THE CASUALWEAR: EDIT

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While dressing for work may be relatively easy – suit, check; white shirt, check; patterned tie, check – many men struggle with the idea of weekend casual. So rather than relying on those trusty sweat pants and well-worn tees, we asked the Menswear team from HARVEY NICHOLS BIRMINGHAM to reveal their new season musthaves. Think classic fits, deconstructed tailoring, fail-safe shades and comfort-first fabrics with a ‘wear me anywhere’ appeal.

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1: Belstaff Redenhall quilted shell jacket, £350. 2: Dsquared2 jogging trousers, £260. 3: Fendi Monster appliquéd backpack, £1,350. 4: Fendi Monster skate shoes, £535. 5: Givenchy Urban Street trainers, £450.6: Kenzo tiger-embroidered sweatshirt, £215. 7:Stone Island hooded sweatshirt, £230. 8: Polo Ralph Lauren appliquéd T-shirt, £60. 9: Solid Homme mélange sweatshirt, £210.

FILL YOUR QUIET TIME WITH PITCH PERFECT SOUND One of my earliest childhood memories is of my father, laid down behind the sofa, headphones on and listening to the songs of his youth at full blast, no doubt desperately trying to block out the chaos of children around him. We all knew better than to disturb him during this ‘me time’ moment or to ever touch or tamper with his beloved headphones. The make of them? Denon, of course.

One of the world’s leading manufacturers of high-quality home entertainment products, Denon, have launched a new set of supremely stylish, meticulously engineered headphones that I’m sure my Dad would have been adding to his Christmas list: the striking AH-D5200. Contemporarily crafted from carefully selected real woods and metals and incorporating proprietary Denon technologies, the elegant new headphones draw on a 50-year legacy of class-leading headphone engineering to deliver exceptional sound either on the move or at home.

Producing the purest possible sound, one that is both detailed and accurate, the AH-D5200 headphones use the natural acoustic properties of their zebrawood housing to help reduce unwanted resonances. The finest materials are used to cancel out unwanted distortion in the diaphragm including vibration-reducing engineering resin baffles and soft, compliant surround materials to deliver the cleanest sound possible.

Perfect for that quiet moment…

The AH-D5200 costs £549 and is available now through authorised Denon retailers. e 22 www.birminghamlawsociety.co.uk

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GENERATION JEEP

As American as apple pie, the Jeep Wrangler has always been a symbol of adventure, style and rebellion. The new generation of the iconic Jeep Wrangler, launching this autumn, promises to keep true to this spirit whilst offering superior levels of comfort and better driving dynamics for a fresh chapter in the legendary history of the Jeep brand, a story which began in 1941.

Part of pop culture since, well, pop culture began, the Wrangler has been completely renewed while remaining true to its essence, offering legendary off-road capabilities, authentic Jeep styling and advanced technology features. The result is the most capable Wrangler ever.

The fourth generation Jeep Wrangler is offered in three different trim levels: Sport, Sahara and Rubicon – all available in two- or four-door configuration, and in an all-new Overland pack, exclusively on the Sahara version, ensuring a more up-scale appearance.

Depending on the trim, the range features two advanced four-wheel drive, active, on-demand full time systems - CommandTrac and Rock Trac, plus Tru-Lock electric front- and rear-axle lockers, Trac-Lok limited slip differential and electronic front sway-bar disconnect to rival the best from Range Rover.

From the roughest terrain to more exclusive city streets, the Wrangler feels at home.

The design has been subtly freshened whilst retaining traditional Jeep design cues: from the round headlights to the seven-slot grille; from the trapezoidal wheel arches to the visible hinges; from the folding windshield to the sport bar along with changes including a lowered beltline with larger windows offering better 24 www.birminghamlawsociety.co.uk

outward visibility. There’s also more openair freedom thanks to the removable doors and multiple open-air configurations hanks to hard top or soft top options enabling you to take your Jeep experience back to basics.

Ensuring the Wrangler stays an authentic off roader has been important to Jeep. Engineered to master the most challenging off-road tracks, the Wrangler is the result of more than seventy-five years of leadership in the development of 4x4 systems. On the road, the suspension has been tuned to optimize on-road handling and ride comfort without sacrificing off-road capability and there are two new powertrains available; a new 2.2-litre MultiJet II turbo diesel engine and 2.0-litre turbo petrol engine delivering 272bhp both mates to an eight-speed automatic transmission.

Inside the Wrangler benefits from the high-level toys from parent company Fiat’s Alfa Romeo and Lancia parts bin as well the company’s Uconnect touchscreen infotainment system. There’s a higher level of quality on display than on previous models. As with the exterior, the interior combines design cues such as horizontal design and centre stack with high level finishes and 7 inch Led display panel that’s bolted into place with real bolts to highlight the tough construction methods.

There’s also a host of clever storage solutions with durable mesh pockets that extend the entire length of the doors, cup holders and numerous phone storage areas. The glove box is now damped and, like the centre console, can be locked to safely secure valuables when the top is down. An under-floor storage area behind the rear seat provides room to secure small

items out of sight. The interior is entirely washable and is even supplied with a protective rubber cover for the infotainment system screen, that allows easy clean up and complete peace of mind.

Prices for the new Jeep Wrangler are yet to be announced but the order book is said to be opening soon with Jeep UK apparently pushing for larger numbers due to prospective customer demand.

Register your interest and find out more at www.jeep.co.uk

SOCIETY EVENTS

THIS YEAR’S WINNERS ARE BARRISTER OF THE YEAR JEREMY WESTON QC Professor Hadyn Davies, BCU

TRAINEE SOLICITOR OF THE YEAR GREG FEARN MILLS & REEVE LLP

PARALEGAL OF THE YEAR LETITIA AIT-TALES ANTHONY COLLINS SOLICITORS LLP

LAW FIRM OF THE YEAR (SOLE PRACTITIONERS UP TO 4 PARTNERS) JM WILSON SOLICITORS LTD

PARTNER OF THE YEAR KASHMIR UPPAL

Gordon Hay, Redbourne for Lawyers

ACCESS LEGAL SOLICITORS, SHOOSMITHS Colin White, Ortus Group

BLS INNOVATION AWARD KID HARWOOD WILDINGS SOLICITORS LLP

BLS PRO BONO AWARD ROSIE BANKS IRWIN MITCHELL LLP

BLS LEADERSHIP AWARD SANDRA WALLACE DLA PIPER UK LLP

BUSINESS TEAM OF THE YEAR ANTHONY COLLINS SOLICITORS LLP

PRIVATE CLIENT TEAM OF THE YEAR ANTHONY COLLINS SOLICITORS LLP

LAW FIRM OF THE YEAR (5-15 PARTNERS) SYDNEY MITCHELL LLP

LAW FIRM OF THE YEAR (16+ PARTNERS) ANTHONY COLLINS SOLICITORS LLP

LIFETIME ACHIEVEMENT AWARD MARY KAYE SHAKESPEARE MARTINEAU

Sarah Ramsey, University of Law

Amy Revell, BPP University

UPCOMING EVENTS CRIMINAL LAW UPDATE SPRING 2018 18th April 2018 1:30 PM - 5:15 PM BPP University 32-34 Colmore Circus Birmingham, B4 6BN United Kingdom LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 2018 (April session) 19th April 2018 8:30 AM - 12:00 PM TBC ANNUAL GENERAL MEETING 2018 24th April 2018 5:00 PM - 7:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT United Kingdom

A GLITTERING NIGHT OF SUCCESS AT BIRMINGHAM LAW SOCIETY AWARDS Anthony Collins Solicitors was the big winner at last night’s Birmingham Law Society Legal Awards, picking up four gongs.

The city centre firm was named Law Firm of the Year (16 partners or more), beating rivals Gateley Plc, Irwin Mitchell, Mills & Reeve, Shoosmiths and VWV (Veale Wasbrough Vizards).

Anthony Collins Solicitors also collected awards for Business Team of the Year and Private Client Team of the Year – two new categories for this year – while the firm’s Letitia Ait-Tales won Paralegal of the Year.

In the other categories, there were awards for Greg Fearn, Mills & Reeve - Trainee Solicitor of the Year; Jeremy Weston QC, St Ives Chambers - Barrister of the Year; Kashmir Uppal, Access Legal – Partner of the Year; Kid Harwood, Wildings Solicitors – BLS Innovation Award; Rosie Banks, Irwin Mitchell – BLS Pro Bono Award; Sandra Wallace, DLA Piper UK – BLS Leadership Award; JM Wilson Solicitors – Law Firm of the Year (sole practitioner up to four partners); and Sydney Mitchell – Law Firm of the Year (5 – 15 partners).

The Birmingham Law Society Lifetime Achievement Award was presented to Mary Kaye, partner at Shakespeare Martineau and past president of BLS.

James Turner, Vice President.BLS

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congratulations to Anthony Collins Solicitors, who were the runaway winners on the night.”

“The judges were particularly impressed with the firm’s strong commitment to its staff and its approach to attracting and developing those who want to make a difference in society.

“In what was a tough year for the judges, there were some really stand-out candidates and both the winners and finalists should be proud of their achievements.”

Mumtaz Hussain, University of Wolverhampton

Stephen Webb, Gallagher

Birmingham Law Society is celebrating its bicentenary in 2018.

This year’s Legal Awards, which were attended by more than 550 people, were just one of a number of planned special events being held throughout the year to celebrate the Society’s 200th anniversary.

Sponsors of the Legal Awards included The University of Law, BPP University Law School, Birmingham City School of Law, Ortus Group, Midshire, The Law Society, University of Wolverhampton, Gallagher, Index Property Information, Redbourne for Lawyers, Landmark Information, St Philips Chambers, TitleSolv, Advantage Consulting, Digitalini and Actionstep.

Commenting on the category winners, Andrew added: “Many

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Birmingham Law Society are proud to work in partnership with our sponsors:

Presenting the award on behalf of the Society, president Andrew Beedham, said: “I couldn’t think of a more worthy recipient of this accolade than Mary. With a career spanning more than 40 years, she is a true champion of the city’s legal sector and an inspiration to the many who know her.”

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COMMERCIAL PROPERTY UPDATE 2018 4th July 2018 12:30 PM - 4:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES United Kingdom BIRMINGHAM LAW SOCIETY GOLF DAY 2018 30th July 2018 1:30 PM - 9:00 PM Birmingham Law Society would like to invite members and colleagues plus a guest of their choice to take part in a BLS Golf Day. This is a great afternoon of golf, food and prizes in a new setting at the Ladbrook Park Golf Club. Cost: £75 per person including bacon rolls on arrival, drinks and excellent 2-course meal in the evening. Please book early to avoid disappointment. www.birminghamlawsociety.co.uk 5

4 www.birminghamlawsociety.co.uk

1995 Data Protection Directive which was adopted at a time when the internet was in its infancy. Member states of the EU have been given two years to ensure that they are fully implementable in their countries

by May 2018.

4. Do I need to worry about this now, as we are leaving the EU? The Queen’s speech in June 2017 confirmed that the GDPR will form part of UK law following the withdrawal from the EU.

In association with

5. My business does not need to comply with GDPR as I do not store or process any personal information.

I have heard this comment so many times over the last 12 months. It is also a point that is made internally by some departments. There is a general misunderstanding of what constitutes personal data. The regulations state that any company that stores or process personal information about EU citizens must comply with the GDPR. This effectively means every business with at least 1 employee or those who keep records of their customers will be required to comply with the GDPR.

IS YOUR BUSINESS GDPR READY? In a recent survey conducted by Downtown in Business an astonishing 77.8% of businesses reported that they are GDPR ready……. really? We have been partnering over the last few months with DIB and some leading IT providers to conduct roundtable events within Liverpool, Manchester and Birmingham, to provide some guidance and support to businesses to prepare them for GDPR.

It would appear that many businesses that have attended these sessions have been unaware of their responsibilities and what practical steps they need to take before 25th May 2018. Victoria Brown at HR and Employment Law specialists High Performance Consultancy, looks into some of the common points raised about being GDPR ready.

1. I have GDPR covered…. It is with my IT provider Whilst the General Data Protection Regulations will address the significant changes in technology since the Data Protection Act 1998, the considerations do not just stop with your IT provider. A thorough understanding of how your business deals with data is paramount.

Knowing where data is stored, that location’s security, as well as determining whether the data is being shared will be critical, come May 2018. I would recommend that companies undertake a data audit.

16 www.birminghamlawsociety.co.uk

2. I outsource everything, so my third party providers are liable for sorting out GDPR This is not the case. Companies will need to establish the external bodies that hold or process data on their behalf and what steps they are taking to comply with GDPR. 3. I don’t need to start looking at this until 25th May Absolutely not – you need to be ready by 25th May, not thinking about it.

In 2016, the EU adopted the General Data Protection Regulation. It replaces the

I would strongly urge all businesses to nominate a data protection officer/privacy manager (whichever is appropriate) and ensure that they are ready by 25th May 2018. This is a great opportunity for business owners to get their housekeeping in order. It is also something that should not stop on 25th May and each business needs to consider how they will monitor data handling and address breaches in the correct way. The fines from the ICO (Information Commissioners Office) could be quite high if you have neglected the way in which you store or process data.

In addition, it is evident from our recent roundtable sessions, the DIB poll and just general feedback from our clients that raising awareness and training is very important. I would strongly advise that the changes you make are covered within your policies and induction process. For existing staff, good communication and briefing sessions about the changes will reduce your future risk of breaches.

A practical guide to GDPR is available, please contact alex@ highperformanceconsultancy for further information.

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“I would strongly urge all businesses to nominate a data protection officer/privacy manager and ensure that they are ready by 25th May 2018.”

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A GUIDE TO THE TOP WEST MIDLANDS LAW FIRMS

2018 marks the 200th Anniversary of the Birmingham Law Society. Founded on January 3, 1818. The society is now the largest and most prestigious Law Society outside of the capital and a modern, dynamic organisation with a membership of 4000 Lawyers, Solicitors and Barristers from all over Birmingham and the West Midlands. It is also by far the largest local Law Society in England and Wales.

The Birmingham Law Society is very pleased to be able to announce that it has joined forces with Legalese, the publishers of the Legal 500, to publish a special commemorative magazine that will not only celebrate the Society’s 200th anniversary but review this year’s

Published by Fraser Urquhart Media, this highly prestigious publication will be created for distribution with the November 2018 edition of Bulletin - the official magazine of the Birmingham Law Society, which is mailed directly to 4000 solicitors, barristers and lawyers across the region.

To significantly increase its coverage of this influential and informative research and celebrate the 200th anniversary, we will also be including an additional 3000 copies – making a total of 7000 copies in circulation - to be delivered to a handpicked West Midlands B2B audience.

The special report will also feature on the Birmingham Law Society website and social media, giving further exposure.

DISTRIBUTION FACTS MARKET: Birmingham’s top legal brains and members of the Birmingham Law Society.

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OUT OF HOURS

through a bronze cutter and then drying for 50 hours. Only family members work here and they are passionate about keeping up the tradition of pasta making from spaghetti to maccheroni and everything in between.

Like most Italian provinces the province of Pisa has a strong food and wine heritage and the Torre a Cenaia Estate is one of the wine producing farms you can visit to taste some of its fine wines and beers. A picturesque estate covered in beautiful flowers we tried beer and sliced cheese and ham and took a horse carriage tour around the vast estate spotting wildlife along the way.

Obviously a trip to Pisa must include the Leaning Tower of Pisa. The iconic building has actually got a bit straighter and is back to the angle it was when Galileo Galilei was dropping objects from the top to test the theory of gravity.

After a visit to a working salt mine we ventured to the charming town of Volterra which pre-dates Rome to about 7thcentury BC. It has an extraordinary medieval charm, all cobbled streets covered in scented blooms of jasmine. Here too you can enjoy some great views of the countryside.

DINING LA DOLCE VITA One of the great joys of traveling through Italy is discovering that it is, indeed, an idyllic destination. If you crave La Dolce Vita then the region of Toscana famed for its beauty, history, food and wine, should be on the bucket list of every foodie traveller writes Anita Champaneri.

I underestimated its charm and beauty, “it can’t surely be like those photos in the glossy mags?’ But it really is. A destination that should be a romantic backdrop to many a movie love story.

After a short flight from Birmingham to Pisa we were taken straight to La Bonnano Hotel, a central destination ideal for a sight-seeing base. Like most Italian provinces the province of Pisa has a strong food and wine heritage and we were on a mission to investigate them all.

First stop was a traditional Tuscan lunch in the beautiful setting of the olive farm in Calci hosted by Christine Ruski whose olive oil business has been in the family since the 1700s. Red wine is a must, so there was a glass of Vino Rosso to be enjoyed at every opportunity.

We had a traditional peasant meal of bread olive and tomatoes, some anti pasti and a to-die-for pannacotta that made everyone stop dead in their tracks with gasps of awe.

After a tour of the olive oil making process and a visit to say hello to some friendly donkeys we headed to The Charterhouse, a former monastery, which was built in 1366 and is an impressive building with 150 rooms where the monks used to live in quiet solitude.

Pisa is also known for the beautiful villas along the Silk Road which are nestled in 26 www.birminghamlawsociety.co.uk

some fantastic scenery. We visited the Villa Alta, which occupies a wonderful panoramic position that overlooks Miracle Square and the sea. The insides are decorated in warm yellows with frescos adorning the walls. There are some wonderful stories behind these homes occupied by the rich, which the new owners are all too eager to tell. In particular, the love stories of the rich and ambitious.

Day two was one of my favourite days.

We took a pit stop at Museo Piaggio, a museum created to highlight the legacy of the iconic Vespa scooter. Fans would love this unique collection of colourful and stylish two wheelers. But it wasn’t long before we had to scoot off to explore more breath-taking parts of Tuscan countryside.

For great views of Tuscany, you need to head to the historic Castello dei Vicaro in Lari. The architecture has remained largely unchanged over the past four centuries and was the residence of the Vicario, the mayor. The views are magnificent, and you can see the entire valley of the River Arno for miles. Built on the hill of Lari, I’ve never seen anything like it, the scenery is spectacular and so utterly tranquil.

Sat at the foot of the castle is the family run Martelli business, if you have ever wondered how real pasta is made, the Martellis has been producing their own special brand since 1926. We were taken through the process from wheat to dough,

Lunch was at a traditional restaurant called Beppino, on the menu was wild boar tagliatelle, sautéed pork chops with rosemary potatoes finished with a poached pear. Dreamy.

Then a stroll in the sunshine to The Fortezza Medicea, built on the highest point of the hill overlooking the town, was our next treat. From the outside it is an imposing structure and is currently a maximum security prison, with some parts open to tourists. We got to visit a small section accompanied by two guides which I didn’t realise until later were two current inmates!

Our final day was as the Natural Park Migliarino San Rossore Massacuccoli which is one of the largest natural coastal parks in Europe. We took a horse drawn carriage taking in the wildlife, the sea and the sunshine. We potentially may have lost the tour guide’s dog but we did get comically chased by a wild boar too!

Our terrific trip to Tuscany finished with our gang enjoying a gelato in the sunshine by the Leaning Tower amongst the bustling tourists. Bellisimo!

GETTING THERE Anita Champaneri travelled with Jet2. com which offers flights to Pisa from Birmingham Airport up to two times a week and also flies there from East Midlands, Leeds Bradford, Manchester and Newcastle.

Fares with Jet2.com start at £49 one way or you can take a city escape with Jet2CityBreaks at the four-star Grand Hotel Bananno starting from £269 per person (based on three nights bed and breakfast, flights departing from Birmingham on July 12, 2018). To book flights visit jet2.com or for city breaks visit Jet2holidays.com/city- breaks or call free on 0800 408 5599.

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