Birmingham Law Society Bulletin April 2019

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

CONVEYANCING

FRONTLINE

CONVEYANCING QUALITY SCHEME CHANGES MOS CLUB CLASSICS

STRIVE FOR INCLUSIVE LEGAL SERVICE

BIRMINGHAM LAW SOCIETY LEGAL AWARDS 2019. SPECIAL ISSUE

APRIL 2019

ONE PROFESSION... ONE REGION... ONE VOICE

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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 info@fu-media.co.uk and 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 2019

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

John Humphreys - Host of the Birmingham Law Society Awards

INSIDE THIS ISSUE 4.

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

6.

Member's News. A round up of what's been happening at the Society and members' news.

Law Society Legal Awards 2019.

12. Birmingham This year's winners and details of the night.

18.

Regulation Report. Jayne Willetts on Conveyancing Quality Scheme changes.

of View. Amanda Hamilton on why we should strive 20. Point for an inclusive legal service rather than being divisive.

Practice. Adrian Pym on when a valuation is just 22. Best too difficult. of View Landmark's Tony Rollason with feedback 24. Point from the Conveyancing Frontline. of Hours. Ministry Of Sound is back with their 26. Out classical tour - we talk to DJ Judge Jules. of Hours. Ready, Steady, Bake! Lemon Olive Oil cake 30. Out anyone? Yes please! of Hours. Reviewed: Boston Tea Party's 32. Out Bostin Breakfast. www.birminghamlawsociety.co.uk 3

PRESIDENT’S LETTER

OH WHAT A

The Society held its annual Legal Awards ceremony on 14 March 2019 which proved another successful evening. I congratulate all of the award winners. I am grateful to the Judges involved in the difficult task of shortlisting and then of course choosing the winner in each category.

I must also thank Past President Andrew Beedham and his team drawn from the Society’s Council who reviewed and improved the awards criteria. We had an excellent guest in John Humphrys and I hope that all present enjoyed his insight on the night.

I also measure the success of the evening by the funds raised for the two charities we support this year: Headway – the brain injury association and The Jeff Astle Foundation.

I have very much enjoyed working with both charities this year who have been a superb source of motivation.

We raised £3132 on the night to add to the impressive fundraising at numerous events throughout my Presidential year to date. We are not finished with fund raising and to that end I hope you will support Zoe Tinnion of No.5 Fountain Court who runs the London Marathon in support of Headway on 28 April 2019 just before our AGM. You can support Zoe in her fund raising efforts via the following link: https://uk.virginmoneygiving.com/ZoeTinnion At the open of my presidential year I wrote to member firms 4 www.birminghamlawsociety.co.uk

to ask them to consider donating residual client balances to the charities. I am grateful to those firms who have done so. If other firms would like to join that cause please contact me for further details by e-mail to president@ birminghamlawsociety.co.uk. Donations of up to £500 do not need to be authorised by the SRA so take the heat out of your audit but make a significant difference to the charities in their ability to help victims of head injury.

As I write the Society turns its attention to the forthcoming AGM. As usual we have a number of places becoming vacant on Council and are keen to encourage new participants to help us run events throughout 2019. We have added to the number of our committees with novel areas including Equality and Diversity, Membership, Marketing and Sponsorship and the In-House Committee.

Over the past year we have strengthened the Consultation Committee with new members and seen a number of new Chairs take over at the helm of other committees. In my view the committees are the life blood of the Society and are engaged in the hard work of improving practice.

Through our network of membership representatives in the firms we are striving to ensure that we remain in contact and provide the information firms and chambers require of us.

My year in office has passed incredibly quickly, just as I was told it would. It has been as enjoyable as it has been busy.

I have had the privilege to represent our members in a broad variety of locations, including overseas trips to Paris and Lyon. I can report that this city and its legal community is held in high esteem and has a richly deserved reputation as a centre of excellence for legal work. There have been far too many highlights to pick any individual moment.

The Gala Dinner held in August stands out in terms of

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the enjoyment of seeing a team’s hard work come to fruition in what was an appropriate celebration of our 200th year. Another highlight was sharing a stage at Lyon Opera with members of the Russian punk group Pussy Riot, poets, academics and musicians in a celebration of the 70th anniversary of the Universal Declaration of Human Rights.

As this is my final article I wish to thank my colleagues on Council, the Board and members for their support during my year. My particular thanks to Becky Lynch, Liz Dziergas, Johanna Sahi Proto and Denise Harnett, the professional staff of the society, without whom I simply could not have achieved any project.

Linden Thomas and Inez Brown have been extremely hard working officers as Vice President and Deputy Vice President respectively.

Linden takes over as President at the AGM on 30 April 2019. She is a phenomenal asset to the Society and will make an outstanding President.

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

www.birminghamlawsociety.co.uk 5

MEMBER'S NEWS

INAUGURAL NATIONAL PARALEGAL DAY A HUGE SUCCESS

VVV FUTURE STEPS

CHALLENGE 14th March marked the first ever National Paralegal Day. Organised by the National Association of Licenced Paralegals the day was celebrated with an event at the House of Commons MC’d by actor and comedian Rob Hitchmough (Spooks, Eastenders, Brookside) and the room at the House of Commons was sponsored by Fabian Hamilton MP. National Paralegal Day was created to celebrate the work that Paralegals do and the contribution they make to the legal profession. Whether they are working within a solicitor’s practice, in house at a large organisation or independently in their practice – Paralegals fill a void that has been created by the reduction in legal aid and the increase in the costs of training to be a lawyer.

15 teams across VWV's offices in Birmingham, London, Watford, and Bristol have banded together and taken part in this year's Future Steps challenge which saw teams from all corners of the UK compete to take the most steps across February, raising as much money as they can for The Prince's Trust.

The evening was therefore also an opportunity to hand out the first ever National Paralegal Day awards to recognise outstanding contribution to the profession with Deborah Brown, Diane Finister, Mia Cooman, Layla Powell, Gemma Dann, Caroline Spencer-Boulton, and Chennel Scott all collecting awards.

Sporting fantastic team names such as 'Brums of Steel', 'Scrambled Legs', and 'Unfit to Practice', they have taken an impressive 35 million steps with two members of team 'Hotsteppers' even dedicating a day's holiday towards reaching 50,000 steps each in just one day.

Paralegals are often the unsung, unrecognised members of the legal profession – and yet, each year, they help thousands of people who wouldn’t otherwise be able to afford legal representation. They support solicitors and their teams and help them deliver high quality services to clients, and they work hard within organisations as diverse as local authorities and FTSE100 companies.

The Future Steps challenge is the latest in a long line of charitable projects supported by the firm. Out of a total of 672 teams taking part, VWV are top of the leader board for fundraising with a fantastic £11,660 raised.

The evening also included bubbly, nibbles, celebratory cake and the opportunity to network with other members, recruiters and the NALP team. “Paralegals are often misunderstood and not given the recognition they deserve. We want to change this and let our members know they are appreciated and are an important part of the legal profession. National Paralegal Day and the evening event at the House of Commons is a great way to do this, and a wonderful opportunity to meet our members and thank them for all their hard work.” said Amanda Hamilton, CEO of National Association of Licenced Paralegals

Future Steps aims to help our supporters get fit with fellow employees, have fun and raise funds to help young people transform their lives, and this is exactly what VWV has done with incredible success."

TALBOTS LAW ONE OF THE BEST PLACES TO WORK scores for leadership, employees being treated fairly and ‘giving something back’.

Jack Pugh, Jess Perry, Amy Nichols and Victoria Gardner (all apprentices at Talbots Law)

A leading Black Country law firm has been named one of the best places to work in the Midlands. Talbots Law ranked 65th in the regional league table compiled by The Sunday Times and Best Companies, recognising its commitment to investing in its staff, their 6 www.birminghamlawsociety.co.uk

careers and to its charity work.

The legal specialist, already awarded the 1* rating for the second successive year in the national awards, has now been named in the exclusive regional list after securing significant improvements in

Chief Executive Mary Mocklow commented: “Our aim is to be the employer of choice in the Black Country and Worcestershire and this is an important step in the right direction.The Sunday Times Best Companies programme ensures we are benchmarking what we do against the best firms in the West Midlands and the UK. We want Talbots to continue to grow and this means we need talented, motivated and valuesled staff doing the right thing for our clients.”

Every employee was asked to complete an independent survey

of their experience of working at Talbots Law, revealing what it’s like being an employee at one of the firm’s six offices in Codsall, Dudley, Halesowen, Kidderminster, Stourbridge and Wolverhampton.

Mary continued: “I was delighted with our ‘giving something back’ score. We encourage all our people to support local causes and last year we raised over £50,000 for Birmingham Children’s Hospital (BCH). Our employees have run, climbed, baked, cycled and dressed up and dressed down - I couldn’t be prouder of them."

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MEMBER'S NEWS

BACK-TO-BACK WINS FOR ANTHONY COLLINS SOLICITORS

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OFFERS LEASING DEALS FOR APRIL Anthony Collins Solicitors was named Regional Law Firm of the Year at the Birmingham Law Society Legal Awards. This marks back-to-back wins for the firm after taking home the award in 2018.

The practice was also shortlisted for a number of other categories, with its housing sector and procurement, projects and construction teams honoured in the awards’ Excellence in Client Service category. Two of Anthony Collins Solicitors’ paralegals and one of its trainee solicitors were in the running for other awards on the night.

Now in its 18th year, the Birmingham Law Society Legal Awards showcases the best legal talent from across the entire region.

Winning the Regional Law Firm of the Year tops off a successful period for Anthony Collins Solicitors after opening a new office in Manchester earlier this year, announcing record-breaking financial results for 2017/18 and recently publishing its first ever Social Impact Report.

Speaking on the win, Peter Hubbard, Senior Partner at Anthony Collins Solicitors, said: “The Birmingham Law Society is the largest and most active regional law society in the UK, making its awards one of the most competitive. Winning Regional Law Firm of the Year for the second time is an incredible feat for our team who give their all for our clients every day. Many people asked me last night, ‘how did you manage to win again?’ Well, success at Anthony Collins Solicitors boils down to harnessing people’s enthusiasm for our social purpose to enable us also to deliver strong commercial results.

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Warwickshire, that operates nine nurseries and one after-school club. Founded in 2004 by Sylvain Forestier and Antonia Ryckbosch, La Maison Bleue has built a strong and innovative educational project, where the quality of childcare provided is of paramount importance.

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LMB, has bought The Old Station Nursery group, a highly regarded childcare provider across Oxfordshire, Gloucestershire and 8 www.birminghamlawsociety.co.uk

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MEMBER'S NEWS

TRIBUNAL RULING POTENTIALLY AFFECTING THOUSANDS OF MUSIC TEACHERS a school to provide services to pupils and parents should be recognised as a worker and is not self-employed in the case of Scott v Chigwell School.

Mugni was instructed by specialist employment solicitor, Michael Kerrigan, of the law firm Debenhams Ottoway, based in St Albans.

The ruling means the claimant is afforded certain rights and protections such as holiday pay, national minimum wage and whistleblower protections and protection from discrimination under the Equality Act 2010. It follows significant rulings in the appeal courts which have had lots of Press coverage, such as in the case of Uber drivers and plumbers working for Pimlico Plumbers.

An employment tribunal ruling could affect the employment rights of thousands of peripatetic music teachers across the UK. Employment specialist barrister Mugni IslamChoudhury, of No5 Barristers’ Chambers has successfully argued that a peripatetic music teacher engaged by

The ruling handed down by Employment Judge Moor at the East London Hearing Centre opens the way for peripatetic teachers nationwide to be awarded the same rights and protections if they are engaged by a school to provide music tuition during the school day, even if the lessons are paid for directly by the parents.

Mugni said: “This paves the way for thousands of peripatetic teachers nationwide to have their employment status altered and for them to be given the same rights as workers. Schools across the country offer music lessons to pupils on the basis that the fee is paid privately to the tutor, but the service is facilitated by the school which

has engaged the teacher. This will allow them to receive holiday pay, but importantly will give them protection as whistleblowers should they ever have cause to raise any safeguarding issues.”

“Everyone in a school environment has a duty to raise safeguarding issues if there is a genuine concern, but unless the person is recognised as a worker there is no protection against their contracts being terminated at the whim of the school. Contracts for these positions generally say the tutor is selfemployed, but we successfully argued that just because that is what the contact says does not mean that they are not workers.”

“In this instance, the music tuition was being offered to the parents by the school as part of the Music Department’s “offering”.

The teacher was then engaged to fulfil that service. The teacher was very much integrated into to the school, able to use school facilities, being issued with an ID card and school email address, as well only being paid at a rate set by the school.”

Mr Islam-Choudhury was counsel in the hearing Scott v Chigwell School held at the East London Hearing Centre. He is Head of the Employment Group at No5 Barristers’ Chambers and recognised by the legal directories as a leading employment law barrister.

To view his profile visit: www.no5.com

MILLS & REEVE MULTI-MILLION REFURBISHMENT

Mills & Reeve’s Birmingham office has undergone a multi-millionpound refurbishment. Located in the heart of the city’s business district, Colmore Row, the refurbishment led by Area – a commercial design, fit-out and furniture consultancy saw a complete overhaul spanning six floors of the period building.

Incorporating impressive new client suite; breakout areas; fully serviced café and meeting space; sit-stand desks to encourage agile working; cycle parking and shower facilities. The investment aims to support collaboration, innovation 10 www.birminghamlawsociety.co.uk

and wellbeing across the office’s 250-strong workforce.

Also highlighting the firm’s connection with Birmingham - the second largest Mills & Reeve office in the UK – is a new feature wall in the office’s main foyer, artistically replicating a map of the city’s canal network.

West Midlands Mayor, Andy Street, formally opened the refurbished office in a speech delivered to around 300 guests from the region’s business community.

The event also marked Mills & Reeve’s

launch of its Innovation 50 2019 campaign – a biannual hunt for some of the Midlands’ most forward-thinking firms, culminating in an in-depth report.

Businesses featured in the 2017 Innovation 50 include The FA’s St. George’s Park, automotive giant Horiba MIRA, intelligent buildings consultancy Vanti, Miss Macaroon and engineering firm Lontra.

During the refurbishment, furniture from Mills & Reeve’s office was provided to local charity, the Dogs Trust in Kenilworth and redundant IT equipment was donated to IT Schools Africa.

MEMBER'S NEWS

Picture – James Farmer, Chambers Manager at Cornwall Street Barristers with Jade Secker of the The Haven and Hayley Powell and Lucy Owen.

CORNWALL STREET BARRISTERS PARTNER WITH THE HAVEN, WOLVERHAMPTON TO RAISE AWARENESS OF DOMESTIC ABUSE Cornwall Street Barristers have teamed up with the The Haven Wolverhampton, a local domestic abuse charity, to offer support, fundraising and awareness raising of the work they do to help women and children suffering from domestic abuse and homelessness.

Chambers has worked hard over their 50 year history to build a reputation of excellence. In most recent times this has required a mind shift in how they develop as a practice in order to be forward thinking and innovative and their aim for 2019 was to partner with a local charity as one way of giving back to the community. It was important the chosen charity had direct links with the areas of law within which their members practice, and therefore which had an impact on the clients who they represent.

"We felt only right that our chosen charity for this year should be one that dedicates its time to support women and children in our local area who have been subjected to domestic abuse.”

The work the Haven Wolverhampton does is becoming more widely discussed and politically debated. There have been recent TV programs highlighting domestic abuse and the Government published the new Domestic Abuse Bill in January 2019 setting out a number of new initiatives to tackle the subject such as the first ever statutory government definition of domestic abuse; the establishment of a Commissioner to drive responses to issues; new Protection Notices and Protection Orders; the prohibition of cross-examination by abusers in the family courts and automatic eligibility for special measures to support victims to give evidence in the criminal courts. Chambers also chose them as their charity of the year because they focus on a particular geographical area, allowing them to focus all their efforts to really make a difference to those in the area they serve.

Chambers’ Members work on a number of domestic abuse cases and have recognised the vital work charities like The Haven 12 www.birminghamlawsociety.co.uk

provide to the community. James Farmer, Chambers Manager said “We are absolutely delighted to have chosen The Haven Wolverhampton as our charity of the year 2019. Domestic abuse is a highly political and emotional subject that as the statistics show affects a large number of people each year and the large number of cases our Barristers act in involve some form of domestic abuse."

"We felt only right that our chosen charity for this year should be one that dedicates its time to support women and children in our local area who have been subjected to domestic abuse.”

Representatives from The Haven and Chambers met at the Slug & Lettuce Bar in Queens Square, Wolverhampton to officially launch their partnership.

Jade Secker, Senior Community Fundraiser at The Haven, said “We are thrilled to be partnering with Cornwall Street Barristers through the next year. They are an extremely passionate and enthusiastic team and are already hosting and arranging so many events and awareness raising activities to ensure vital support for the The Haven. From the launch event, it offers us the opportunity to dispel some myths and share real stories with the team, to taking part in our totally wipeout event later this year – and everything in between."

"We are really thankful to Cornwall Street Barristers for choosing to support the women and children at The Haven and we look forward to the next 12 months.”

To help support Chambers please visit their donation page: goo.gl/uaTJxA

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SOCIETY AWARDS

SUCCESS & CELEBRATIONS AT BIRM

The very best of the region’s legal talent was celebrated at Birmingham Law Society’s 18th annual Legal Awards event, held this year at the ICC and hosted by acclaimed BBC journalist John Humphrys.

Awards were made to firms and individuals who have displayed exceptional performance over the last 12 months, including in the new category of Excellence in Client Service (for both business and private clients).

The big winners of the evening were Irwin Mitchell LLP, who took the awards in both new client service categories, as well as in the Solicitor of the Year category - won by one of Irwin Mitchell’s personal injury specialists, Chrissie Wolfe.

In addition to the 12 main categories, a special Lifetime Achievement Award was presented to Ian Shovlin of Higgs & Sons Solicitors, described by his peers as a “fabulous example of what can be achieved with hard work, ambition, skill and downright decency.”

President of Birmingham Law Society, James Turner, said of the event: “We are extremely proud to have such a progressive, modern and diverse legal community here in the Midlands.

It was no small task to whittle the many excellent nominations we received down to a shortlist, and the rigor with which the subsequent interview process was conducted means that our winners truly represent the crème de la crème of the region’s legal talent.

“The continued success of the Birmingham Law Society Legal Awards is testament to the commitment, hard work and generosity of all those involved in the event. Our sincerest thanks go to our esteemed judging panel, led by Her Honour Frances Kirkham CBE and Tony Rollason, and of course to our sponsors, without whose ongoing support the event would not be possible.”

14 www.birminghamlawsociety.co.uk

MINGHAM LAW SOCIETY AWARDS

SOCEITY AWARDS

THIS YEAR'S AWARDS WINNERS

Law Firm of the Year (National)Eversheds Sutherland (International) LLP

Law Firm of the Year (Regional)Anthony Collins Solicitors LLP

Excellence in client service, Private clients: Irwin Mitchell LLP – Family Team 16 www.birminghamlawsociety.co.uk

Law Firm of the Year (Sole Practitioners and firms up to 5 partners)Greens Solicitors

Paralegal of the Year: Gemma Tibbatts – Regan Peggs Solicitors

Apprentice of the Year: William Preston – Eversheds Sutherland (International) LLP

Trainee Solicitor of the Year: Francis Tsui – Fieldfisher LLP

Solicitor of the Year: Chrissie Wolfe – Irwin Mitchell LLP

Excellence in client service, Business clients: Irwin Mitchell LLP – Employment Team

Partner of the Year: Nick Green – Squire Patton Boggs (UK)

Birmingham Law Society Pro Bono Award: Sophie Garner – St Philips Chambers

Barrister of the Year: Elizabeth Hodgetts – St Philips Chambers

REGULATION REPORT

information communicated to clients.

• A requirement to have a procedure for ensuring the SRA’s price and service transparency requirements are met.

Other additional features taken from Lexcel include greater requirements for handling financial transactions and more detailed provisions dealing with risk management, client care, complaints handling and matter planning.

Additionally, the CPMS contains a whole new section dealing with information management. This essentially requires firms to have policies to manage personal data which take account of recent regulatory and legislative changes and provisions relating to cybersecurity which are taken from section 3.1 of the most recent version of Lexcel – v6.1 – in relation to compliance with data protection requirements in the light of the GDPR and the Data Protection Act 2018, along with the more detailed requirements that already formed part of the standard in relation to information security.

Again, those not familiar with Lexcel v6.1 might find that the requirement for the appointment of a Data Protection Officer (DPO) whether or not they are obliged to do so a somewhat daunting one.

CONVEYANCING QUALITY SCHEME CHANGES Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors

Residential conveyancing practices with Conveyancing Quality Scheme (“CQS”) accreditation may be busy during the next two months as the Law Society has introduced a new set of Core Practice Management Standards (CPMS) for CQS. The standards go considerably further for those wishing to obtain and maintain the CQS mark than the previous CPMS. The new CPMS will come into effect for all CQS practices on 1 May 2019 and all CQS organisations will need to ensure that they can demonstrate compliance from that date onwards. The Law Society will be introducing a small number of on-site visits each year and increasing the number of desk-based assessments.

They are in the process of appointing an independent assessment body to carry out the on-site visits. Additionally, applications for initial accreditation received from 1 May 2019 onwards must also be able to address the new CPMS. Most, but not all, of the new requirements have been taken from Lexcel, so firms already accredited to that standard will not be unduly surprised by these new requirements. However, tor others who have limited themselves to CQS to support their conveyancing practice, there will be a good deal to do and for these firms the 1st May is likely to prove to be a tight deadline to achieve all that is 18 www.birminghamlawsociety.co.uk

required.

The changes are mostly in the form of increased responsibility upon firms to demonstrate what they do by way of written procedures and processes with many of the procedural requirements that previously existed being strengthened.

Only in a very few cases have requirements been dropped.

THE MAIN CHANGES TO NOTE INCLUDE: • The addition of a requirement that firms put in place a policy in relation to SDLT which must include an audit trail, checks as to the level of consideration and verification of the SDLT calculation.

• Being able to demonstrate compliance with the various requirements of the Money Laundering Regulations 2017.

• A ramping up of the requirements to be contained in the firm’s anti-property and mortgage fraud policy.

• The introduction of a policy in relation to the purchase of a leasehold property.

• Additional training requirements to address various aspects of the CPMS. • An expansion of the requirements in relation to risk assessment.

• The introduction of a new requirement for a documented procedure for reporting matters to lenders.

• Increased requirements in relation to the

However, the guidance notes to the CPMS do state that “If a voluntary appointment is not made, practices must document why they have not made such an appointment and the suitable alternative arrangements they have put into place.” This is a caveat virtually identical to that to be found in section 3.1 of Lexcel v6.1 Possibly even more controversial, however, is the suggestion that firms have an information management and security policy which is accredited against Cyber Essentials - a government scheme designed to help businesses deal with cyber security issues. It normally requires that a business be audited against a set of external criteria. Whilst the Law Society is not specifically requiring firms to have an external audit of their information management and cybersecurity provisions, they do require that firms undertake a “self-assessment” against the Cyber Essentials criteria to check that they are compliant.

Given the complexity of the Cyber Essentials requirements, this could mean that many firms feel obliged to pay external auditors to carry out the exercise for them. The CPMS also requires that firms employ firewalls, have secure configuration of network accounts, have procedures to detect and remove malicious software and train staff in cybersecurity issues.

The date for implementation is approaching fast so a great deal of work may be required if firms are to retain their CQS mark.

Infolegal Ltd www.iinfolegal.co.uk can assist with CPMS procedures, training & compliance checks – contact duncanfinlyson@infolegal.co.uk

Double success for St Philips at BLS Legal Awards 2019 Congratulations to Elizabeth Hodgetts for winning ‘Barrister of the Year’ and Sophie Garner for winning the Pro Bono Award at the Birmingham Law Society Legal Awards 2019.

We would like to take this opportunity opportunit to thank all of our clients for their ongoing support.

We would also like to extend our congratulations to all of the winners and nominees on the evening.

Elizabeth Hodgetts Barrister of the Year

Global in outlook. Birmingham at heart. www.st-philips.com

Sophie Garner Pro Bono Award

POINT OF VIEW

everything for the betterment of our own profession, or to increase our profit margins and commercialise what we do.

The changes mentioned above have been implemented by the profession itself. From franchising the professional qualifications, to the virtual eradication of legal aid. The profession has placed itself in jeopardy.

The consequence of increasing numbers of institutions able to offer the professional qualifications has caused irrevocable damage to the lives of graduates who have been misled into thinking that their career pathways would be mapped out, just because they have completed an LLB or LPC. In fact, this is most definitely not the case for most, because there are simply not enough training contracts or pupillages to go around. Is it any wonder that there is a new underground profession rising from the ranks of this disappointed group of individuals?

WHY WE SHOULD STRIVE FOR AN INCLUSIVE LEGAL SERVICES SECTOR RATHER THAN BEING DIVISIVE AND INCOHESIVE. Written by Amanda Hamilton, NALP So many changes have affected the legal services sector over the last 30 years, that if my parents were alive (both of whom were lawyers), they would not recognise any of it!

BARRISTERS AND SOLICITORS Discussions may have been going on for decades regarding the possibility of merging the two major legal professionals, Barristers and Solicitors, into one, but as we all know by now, this will never happen. Too many interests to protect and so much regulation that we now find ourselves in a situation where there is no turning back.

Barristers used to have the monopoly on advocacy skills. This was what made them who they were as professionals. This, plus an uncanny ability to grasp what a case was about, and the legal principles involved just from reading a solicitor’s brief, gave them their identity. This was not something that could be taught, it had to be an innate ability with which an individual was born. Ask any of the ‘old school’ barristers and they will tell you.

20 www.birminghamlawsociety.co.uk

Similarly, to be a successful solicitor required certain other skills, not least of which was a need and vocation to offer a service to your clients, with whom you had empathy.

It used to be that when entering the legal profession, you knew which of the two was most suitable for your skills and talents.

You either chose one pathway or the other.

With Solicitors able to become solicitoradvocates and with barristers being able to register as direct access and being granted the right to conduct litigation, one could argue that there is virtually no difference anymore between the two professions – except, of course, that each has its own professional membership and regulatory body to protect their members’ interests.

CONFUSION IN THE LEGAL SERVICES SECTOR Somewhere in the last few decades, we have gone terribly wrong. The profession has got confused about what its function is. Our duty is to the prospective client, or the ‘consumer’ as we now tend to categorise them, rather than to internalise

THE EMERGENCE OF PARALEGALS Paralegals are now emerging as the fastest growing legal service professionals. The work that paralegals do offers a lifeline into a sector that disappointed graduates may not otherwise be able to enter into. The slack left by the virtual eradication of legal aid is being filled by paralegals and offers a lifeline to consumers. And yet, there still remains a reluctance (or is it fear?) on the part of the regulated professions to recognise paralegals as independent professionals in their own right, when all that paralegals are trying to do is to fill the gaps left as a consequence of decisions made by the traditional professions.

We are yet to see if the new SQE (Solicitors’ Qualifying Exams) will make any significant change in practice to the lives of those wishing to enter the profession. There are also further discussions at high levels about the future of legal aid. But, the damage has already been done, and it may take a long while to see the consequence of any of these changes.

CALL TO ACTION This article is a call to action: solicitors, please understand that paralegals do not wish to undermine the work that you do nor the services that you offer. Paralegals do not wish to take over the legal services sector, but merely wish to complement what is already there.

Let’s work together in a spirit of cooperation and understanding if not for your own benefit, then for the benefit of all consumers.

ABOUT THE AUTHOR Amanda Hamilton is Chief Executive of the National Association of Licenced Paralegals (NALP), a non-profit Membership Body and the only Paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its training arm, NALP Training, trading as National Paralegal College, accredited recognised professional paralegal qualifications are offered for a career as a paralegal professional. www.nationalparalegals.co.uk and www.nalptraining.co.uk

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BEST PRACTICE WHEN A VALUATION IS TOO DIFFICULT? Written by Adrian Pym, Prime Forensic Accounting In last year's Versteegh case, which was heard by the Court of Appeal in February 2018, it was noted that “The valuation of private companies is a matter of no little difficulty” The case involved the valuation of the husband’s property development business, which focussed upon “slow burn” property development. Despite significant costs being expended on experts to produce valuations the Judge at first instance concluded that he was unable to determine the value or future liquidity of the business.

It was not so much the range of values suggested by the experts, which were many millions apart, but the fragility of the values. The Judge noted that a delay of 12 months in one specific project would reduce the resulting valuation from £45m to £33m; a reduction of £12m or 26%. In slow burn property development a delay of 12 months would not be unusual.

In terms of liquidity, what was more difficult for the valuers, I imagine, was that the forecasts produced by the business were historically optimistic.

Actual cashflow generated in 2014 and 2015 was 5.6% and 16.4% respectively of the forecasts produced in advance.

In any valuation of a private company the expert valuer must look to all available information to support and confirm the valuation. As the value of a share lies in the ability to obtain a return on it at some future date, then 22 www.birminghamlawsociety.co.uk

historic profits are only a part of the evidence looked at by the valuer.

A valuer will look at comparable transactions and comparable quoted companies (if either exists) as well as forecasts and budgets of the business to be valued.

The use of forecasts and budgets must be undertaken with some caution.

The valuer must understand the forecasting process adopted, and then compare contemporaneous forecasts to actual results for historic periods.

If some correlation exists between these then the valuer may place some reliance upon the forecasts produced, although they are by their very nature guesswork, although some are more informed than others.

In the absence of the ability to sense check a forecast, caution should be taken. In a recent case I was presented with a forecast as part of the valuation of a family business for matrimonial purposes. The business did not historically prepare forecasts but had produced its first budget and forecast a few months prior to my appointment as a single joint expert.

That rang the first alarm bell ! The second bell rang when I identified that, based on the forecast, the business would be insolvent six months or so into the next financial year, and the husband provided no cogent plan to refinance when asked about the forecast insolvency.

Valuations for matrimonial purposes are artificial, as it is unlikely that the Court would order the sale of the family business, therefore the valuer must assume a hypothetical sale

between a willing buyer and a willing seller.

A willing buyer would in a real transaction have the ability to undertake detailed financial and commercial due diligence and structure the purchase in such a way as to protect themselves from downside risk as part of the negotiations, and the seller may accept such a structure as it could reward them for upside risk.

However, there is a reluctance to incur significant costs in valuing a private company for matrimonial purposes as it is unlikely to be sold. Therefore the courts favour a more broad brush approach. To quote Lord Nicholls in the Miller and McFarlane cases “A thorough investigation … can be extremely expensive and of doubtful utility”.

In the Versteegh appeal the court accepted the judge correctly approached the difficult valuation of the business interests, based as it was on extensive expert evidence.

The judgement includes some helpful discussion on the process of valuation, and the specific approach to development property valuations.

Interestingly the original judgement included a 13% Brexit discount, as the final hearing followed shortly after the EU Referendum. I wonder what level of discount would have been applied if the case has been heard now?

For assistance with any valuation cases please contact Adrian Pym on 0121 711 2468.

A DV E RT I S I N G F E AT U R E

A R E YOU RU N N I N G T H E R I S K O F OU T L I V I N G YOU R S AV I N G S ?

I N A WOR LD O F LOW IN TE RE S T RATES, EV ER- C H A N GIN G L EGIS L AT ION A N D IN C R EAS I N G LIF E EXPEC TAN C Y, U S E FU L GU IDA N C E O N R ET IR EM EN T P L A N N IN G IS A N EC ES S ITY.

A recent Work and Pensions Committee report identified that 32% of people who withdrew their retirement pots in full chose to save the largest share of it in standard savings products like cash bank accounts and Premium Bonds.

These are likely to have lower rates of return than pension savings as well as potentially higher tax liabilities.1 Indeed, concerns continue to grow for those who choose to draw on their pension savings without taking advice. Drawdown demands a different mindset to that needed by those who retire with an annuity, as it requires individuals to plan their own investment strategy and ensure that withdrawals are sustainable. And while the majority are taking a sensible approach, the minority are withdrawing pension funds at rates that would see this money run out in a decade or less. And if they’re relying solely on the State Pension to see them through their later years, they will have to accept that their standard of living is going to drop significantly.

The State Pension provides a limited income (£164.35 for a single person,

per week, based on a full NI record in the 2018/2019 tax year), which falls drastically short of what is really needed to fund a comfortable lifestyle.

So how do we avoid poverty in retirement?

First, decide how large a fund you will need. One method is to multiply your target retirement income by 25. For example, if you think you’ll need £25,000 a year, aim for a fund of £625,000.

Next, select the most appropriate investment vehicles to achieve your goal.

Property, investment bonds and ISAs have all proved popular over recent years but don’t offer the same degree of tax breaks as a pension.

RETIREES WITH A DRAWDOWN PENSION SHOULD SEEK ADVICE WHEN CALCULATING WITHDRAWALS.

To help avoid running out of money, selecting a balanced and well-diversified investment portfolio is critical, but knowing how much money to take from a drawdown policy is arguably of greater importance.

For further information, or to arrange a no obligation meeting, contact Andrew Whiting on the details below.

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.

An investment in equities does not provide the security of capital associated with a deposit account with a bank or building society.

The levels and bases of taxation and reliefs from taxation, can change at any time and are generally dependent on individual circumstances.

1

Work and Pensions Committee Report – The effects of pension freedoms, March 2018

Tel: 0121 215 0926 Website: www.andrewwhiting.co.uk Email: andrew.whiting@sjpp.co.uk

The Partner Practice is an Appointed Representative of and 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 titles ‘Partner’ and ‘Partner Practice’ are marketing terms used to describe St.www.birminghamlawsociety.co.uk James’s Place representatives.

23 H2SJP31555 03/19

POINT OF VIEW FEEDBACK FROM THE CONVEYANCING FRONTLINE Written by Tony Rollason, Regional Manager, Landmark Information

I really enjoy getting involved with industry events to hear first-hand what the latest issues are for property lawyers and conveyancers.

Landmark Information recently hosted a roundtable that brought together a group of property law experts to discuss both the opportunities and issues facing the property conveyancing process in 2019.

I was interested in hearing the issues that emerged, which were mostly centred on three key themes; customer experience, service transparency and tech in conveyancing.

1.CUSTOMER EXPERIENCE There was agreement around the table that client expectations have changed considerably over recent years, which are creating additional pressures on property lawyers when handling a property transaction.

It was felt that the Internet, smartphones and email have all led to a change of consumer expectations. People have become accustomed to instant gratification in many walks of life; for example, if you have a question about almost anything, Google will be able to serve you an answer in just a matter of seconds. Amazon will allow you to buy a product in a few clicks and receive the item the very next day.

It was felt by the lawyers at the roundtable that people are now expecting a similar experience when buying or selling a home. They want answers immediately and the increase in emails and chasers calls, both in and out of working hours, are up.

Consumers are expecting a more modernised service where they can see the progress of their transaction online, or the answers to questions returned as promptly as a Google response.

For those around the table, they were concerned that consumers don’t necessarily understand the complexities involved in the legal process when it comes to buying a property – and of course why would or should they – so a great deal of education is needed to ensure consumers are aware of the process, the intricacies involved, and the realistic timescales at the outset, to ensure they are satisfied with the service being provided.

2. TRANSPARENCY This led on to the topic of the new pricing transparency requirements that came into play from the SRA at the end of 2018. The rules mean that firms providing property conveyancing must publish 24 www.birminghamlawsociety.co.uk

user friendly price and service information on their websites, which consumers can access.

The aim behind this is to help consumers not only understand the cost and details of the service being provided, but to help them make better informed decisions when selecting a legal services provider.

At the roundtable, the jury was out as to the impact of the rules due to the infancy of them, yet the general feeling was that it will help consumers understand more about what is involved in a transaction, by seeing itemised information. There were however concerns that consumers would use the pricing as a bartering tool against other firms, which could drive prices down in a market that is already struggling with maintaining healthy margins.

Off the back of this discussion, it led to the topic of estate agent referral fees and a general unease of those in the room around payment of referral fees to agents. The lawyers in the room questioned the ethics around this practice and raised a query of the transparency of such fees. They felt that as conveyancers must publish pricing information up front, then is it also right that the public should be made aware of related fees, such as these?

It was quite clear from the people in the room that this is an area that needs to be looked into further.

3. TECHNOLOGY ADOPTION The final big talking point from the roundtable concentrated on technology and what role it is playing to create efficiencies in the process.

An area of agreement centred on the ‘joining up’ of all parties involved in the process; cross-industry collaboration is considered key to overcoming various ‘pinch points’ to help reduce the time it takes, while also removing duplication of effort for all involved.

It was also agreed that case management solutions and online search ordering platforms are supporting lawyers in having greater visibility of every transaction, which is helping. Likewise, they are helping to automatically populate information on forms or remove some of the previously manual tasks, meaning fee earners have more time to spend on the more complex aspects of the job.

Also, as Artificial Intelligence becomes more interwoven with such applications, the expectation around the room was that timescales are likely to improve further still. In fact, it is a matter of ‘when’ and not ‘if’. www.landmark.co.uk

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OUT OF HOURS 26 www.birminghamlawsociety.co.uk

MINISTRY OF SOUND THE ANNUAL CLASSICAL At a time when it seems like everyone who ever went within 50 miles of a club in the 90s is now touring with an orchestra, it’s about time the daddies of them all stepped in to show how it should really be done.

Ministry Of Sound, the London behemoth which defined not only clubbing but the dance compilation market, is launching a huge orchestral tour in honour of its Annual albums, those yearly round-ups of the biggest dance smashes of each 12 months, compiled and mixed by the likes of Tall Paul and Judge Jules.

The latter has been on board since the beginning, curating the playlist from the first five Annual albums and helping shape the sound and mood of the events. It’s little wonder he jumped at the chance.

Sit-down shows, in proper concert halls, with a documentary and even Classic FM on board, Jules is the man tasked with bringing that sound to all things orchestral.

We chatted to him ahead of the tour’s visit to Birmingham’s Symphony Hall on the 18th May, to talk about the albums, curating the music for the orchestral tour and why he loves Ministry Of Sound so very much.

How did you get involved with the Ministry orchestral tour?

They brought me on board because of my association with the MoS over many years, including mixing many of the biggest selling Annual compilations.

Was it something you jumped at?

The synergy between me, as a long standing DJ and, dare I say it, “brand-name”, and the Ministry made this something I did indeed jump at.

What was your role in song selection and the process of making them work with an orchestra?

I have been involved as curator, both in respect of the tracklist and the way that the songs are presented. Having played these records over many years, I’ve got a deep insight into how they move people and my association with other orchestra shows has given me a deep understanding of the interplay with a live multi piece orchestra.

The shows are sit-down concerts rather than basically a club night with an orchestra playing - how do you think clubbers will respond to that concept?

Although in theory this show is “sit down”, the reality is that it will be more “stand up and jump around”.

The Annual albums revolutionised the compilation world and indeed the dance market - is it nice looking back to have been involved in such a game-changer?

The Annual series, especially during the period of my involvement, remains the biggest selling dance music compilation of all time by some distance. It was a huge calling card for me personally.

The Ministry was set up in part by very close personal friends and influenced by the Paradise Garage in New York, a place I visited when I was super young with the guys who set up the Ministry. So, I saw the MoS happening from inception right through to the present day and therefore feel very personally associated.

What are your five favourite Ministry memories?

The best thing about the Ministry, and this applies to every set I’ve played there, is that the DJ booth is its own mini club. You literally “feel” music in the way that few other clubs in the world allow the DJ to.

Tickets for The Annual Classical are available from Ministry Of Sound also via SeeTickets, Ticketmaster. Prices start at £22.50 www.birminghamlawsociety.co.uk 27

OUT OF HOURS

AN OASIS OF CALM IN THE CITY hang out! Soft lighting will also make this area the perfect place for people to lie back, relax and get away from the stresses and strains of modern-day life.

The new look facilities also include two traditional Arabian Rasul mud-based spa treatment rooms. Combining the health enhancing properties of mud, steam and heat, guests will be able to draw all the benefits of the treatment which includes exfoliating and toning the skin, while detoxifying the body and leaving them feeling totally relaxed.

In addition, part of the refurbishment will see Elemis, the UK’s leading provider of skincare products, open a flagship store on site, increasing further the venue’s appeal to those wanting a luxurious spa day.

One of Birmingham’s most popular spas has undergone a half-million pound transformation. Already a favourite with people from right across the region, the extensive refurbishment work at thespa at The Cube on Wharfside Street, has resulted in an extension of the relaxation area plus the addition of

more treatment rooms. Oozing luxury it will appeal to those looking for a place to chill out and relax.

There has also been an increase in the number of double and single full-length loungers, and a series of hanging canvas cacoons © have also been installed where guests can quite literally

As a special launch offer, book Spa Therapy treatments for £50 or over and receive a two - course lunch and glass of prosecco in Marco Pierre White’s Bardolino Pizzeria, Bellini & Espresso Bar. Make sure you quote BHAM LAW when booking this offer with the spa.

Find out more at: theclubandspabirmingham.co.uk/thespa/ or call 0121 643 2200

FUR-FRIENDLY STAYS

Can’t find a dog sitter or miss the company of your four-legged friend?

Hotel du Vin Birmingham has the answer. The hotel is one of few hotels in the city centre that is dog friendly, allowing you to enjoy your weekend with your dog in tow.

Nestled into the one of the city’s most popular locations, the hotel boasts the perfect getaway right in the centre of town; with 66 timelessly styled rooms and suites, each one is designed to deliver all the creature comforts for you both.

Whether you want to enjoy the relaxation of the standard rooms, or the luxury of the suites Hotel du Vin is happy for your dog to cosy up with you too. Your pampered pooch will be welcomed with open arms and treated to their own comfy basket and 28 www.birminghamlawsociety.co.uk

water bowl – they won’t want to leave!

The hotel’s hidden-gem Pub du Vin offers a taste of the country in the heart of the city: with great ales and hearty food, it’s a real haven for you and your pup to have a drink and settle for the night. And if your doggyfriend would like to enjoy a stroll, the staff are always on hand to recommend the best routes to walk your dog.

On your next stay in the city centre, why not pack the bags for you and your furry friend for an escape with the perfect travel buddy.

With plenty to do, they will no doubt be curled up and fast asleep in one of the hotel suites in no time.

Hotel Du Vin 25 Church St, Birmingham B3 2NR, To book your room call 0121 794 3005 or visit www.hotelduvin.com

C ALENDAR GIRLS COME TO BIRMINGHAM The Calendar Girls Musical is coming to Birmingham for the first time from Tuesday 28 May –Saturday 8 June 2019 at Birmingham Hippodrome.

Inspired by the true story, Calendar Girls The Musical tells the tale of a group of ladies, who decide to appear nude for a Women’s Institute calendar in order to raise funds to buy a settee for their local hospital, in memory of one of their husbands, and have to date raised almost £5million for Bloodwise. This musical comedy shows life in their Yorkshire village, how it happened, the effect on husbands, sons and daughters, and how a group of ordinary ladies achieved something extraordinary.

Tickets at birminghamhippodrome.com

OUT OF HOURS

READY, STEADY, BAKE! We love this cake! It’s super simple, but can be made into a real Show Stopper! The lemon & olive oil works really well together - just be sure to use a good quality olive oil because this will produce the best flavour.

LEMON OLIVE OIL CAKE

Cream cheese frosting is perfect with this cake. When making cream cheese frosting I always buy full fat cream cheese, and I try to get the driest cream cheese I can - because this allows you to beat it without it becoming liquid. If you can’t find a dry consistency cream cheese, don’t worry. As long as you make the frosting in advance and leave it to set in the fridge, it should be the perfect consistency to pipe or spread!

Ingredients: For The Cake: 4 eggs 200g golden caster sugar 200g plain flour 1 1/2 tsp baking powder 160g extra virgin olive oil 40ml milk Zest & juice of 1 lemon 1 tsp vanilla bean paste For the cream cheese frosting: 250g unsalted butter, softened 250g icing sugar 500g cream cheese Juice of 1 lemon Method: Pre-heat the oven to 180°- 160° fan, and grease and line two 8” sandwich tins.

Crack the room-temperature eggs into a bowl and and add the golden caster sugar. Using a mixer, whip on high speed until the mixture is pale and has tripled in volume.

Once the eggs and sugar are whipped, gently fold in the lemon and vanilla, being careful not to beat out any air. Combine together the plain flour and baking powder, and sift this over the surface of the egg mixture, fold in - once again being careful not to beat out any air.

Now fold in the olive oil and milk - you guessed it...be careful not to beat out the air!

Turn the mixture out into the tins. Place in the pre-heated oven and bake for 30 mins. Or until golden brown, and a skewer inserted into the centre comes out clean.

Once baked, leave the cakes to cool in their tins for 10 mins and then turn them out and leave them until they are completely cooled.

For The Frosting Using a mixer beat the softened butter and icing sugar together until soft. Then beat in the lemon juice.

Add the cream cheese and mix until incorporated and smooth. Be careful not to beat too much otherwise your frosting will become too runny.

Leave to set in the fridge until needed and enjoy with with a cup of Earl Grey Tea. Find more recipes at www.cameronolamb.

FROM GREEN FINGERS TO GREEN TEA RHS Malvern Spring Festival (May 9-12) is offering the chance to book an exclusive afternoon tea with gardening’s best-loved stars. Gardening expert, TV presenter and author Carol Klein will host an afternoon tea for festival goers on Friday, May 10, while gardener, cook, writer and presenter Sarah Raven will welcome people on Saturday afternoon.

With views of the stunning Malvern Hills as the backdrop, a delicious selection of cakes, sandwiches and drinks will be served before the experts give an hour-long talk about their passion for all things horticulture. Afternoon tea tickets are extremely limited and cost just £39pp (excluding festival entry).

RHS Malvern Spring Festival, at Three Counties Showground, in Malvern, celebrates the finest in both gardening and food.Other special guests appearing at this year’s festival include Monty Don, Jo Whiley, John Torode and Raymond Blanc.

For tickets visit www.rhsmalvern.co.uk/buy-tickets.

30 www.birminghamlawsociety.co.uk

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OUT OF HOURS REVIEWED: BOSTIN BREAKFAST AT BOSTON We warn you now: this review of Boston Tea Party may be one of the most boring reviews you’ve ever read. Why? They’re just so darn good. So, let us apologise now as we digest, cogitate and generally tell you about our loveaffair with BTP Solihull.

As soon as you walk through the doors of BTP Solihull you feel at home. It’s that 5 second rule that can make you buy a house. Or, on this occasion, a coffee. A converted old coach house, BTP Solihull has plenty of original features to draw you in and there was a welcoming smile at the counter as soon as we arrived.

My first cup of the black-stuff (which was voted best in the suburb on TripAdvisor) was just what I needed to kickstart my Wednesday morning meeting – which we’d decided to take over brunch for a change.

This caffeine hit was smooth, hot and satisfying - in a way that no boyfriend has ever been - and helped perk me up and power me into the day ahead.

I remember going into my first Boston Tea Party in the early 2000s at their Exeter store, and being blown away by the freshness of ingredients and indy approach to the coffee shop - and wishing there was one closer to where I used to live in Worcester. When that store opened, I was over the moon and made sure I was a regular visitor until my work brought me to Birmingham a few years later.

The Birmingham city centre store is always one I make a bee-line to whenever I’m near Corporation Street - so when I was asked to review the Solihull branch, which opened last year, I must admit I was more than a little excited.

Perfect for meetings, tete-a-tetes or social gatherings, we were shown to our private booth and left to peruse the ample brunch menu.

32 www.birminghamlawsociety.co.uk

One of my friends was mid health-kick, so opted for The Green One, which is a raw vegetable smoothie (£3.35) jampacked with green goodness. She remarked on how fresh it tasted. We also sampled the Carrot and Tumeric smoothie (£3.35) which was also very refreshing and felt like we most certainly had our vitamin boost for the day.

Both were filling and suitable for vegans.

Breakfast and Brunch are the main-stays for Boston Tea Party – so it was in the spirit of good journalism rather than greed that we decided to put the menu to the test; choosing a selection of dishes covering all options – from carnivore to vegan with a side of gluten free.

Myself and a friend decided we would share a plate of the Sweetcorn Hash and Halloumi (£8.75) with poached eggs, avocado and tomato salsa, and coriander with Tabasco maple syrup. I must admit it was delicious and we diligently polished it off together. I do think this dish could warrant being served as a side order, rather than just a main, as it’d give a chance to try multiple dishes at the same time.

That said, it was more’ish, delicious and incredibly tasty.

My other dining companion is gluten intolerant and so opted for the lemon and ricotta pancakes with smoked bacon and maple syrup (£7.25). She said it was delicious and bursting with flavour, but she felt an extra rasher of bacon would have made it the perfect ratio of pancakes to bacon.

Another dish devoured was smoked salmon, avocado and scrambled eggs on sourdough toast (£8.75). There was a good mixture of the ingredients, it was a great portion size and value of money, but we did feel it could have been served slightly warmer, however this could have been because the smoked salmon is served at room temperature.

And no visit for any self-respecting breakfast fan to Boston Tea Party should go without trying to conquer The Boss. A plate bursting with bacon, sausage, hog’s pudding, mushrooms, homemade hash, roasted tomatoes, baked beans, scrambled egg and two rounds of toast (£10.95) – and one of Boston Tea Party’s signature dishes.

You can see why it’s so popular: hearty, flavoursome, beautifully presented and big enough to set you up for the day. Easily one of the best Full English breakfasts around, or so my Boss tells me – and it’s on the menu, like the rest of the brunch menu, throughout the day.

My love affair with BTP doesn’t just extend to the food; it’s also their ethical stance.

Ahead of the curve, they’re determined – and committed - to make sure they are pioneers of the anti-plastic revolution. A case in point: a few months ago, they decided to ban plastic straws and also (single use) take-away cups entirely.

Instead, you can buy, or borrow, a reusable cup on-site (with prices from £4.25 which are really great value), or else bring your own cup. For every sale of a takeaway hot drink they donate 10p to a local community cause. Whilst sales dropped – as you can imagine – their position did not. We salute them for this and would urge you to not only support BTP in their quest, but also put pressure on other coffee chains to follow suit.

The cafe is just a short walk from Solihull train station and the town centre on Herbert Road (behind John Lewis carpark), is spacious and also has plenty of activities for families to enjoy throughout the week with lots of community groups using the upstairs space. See their noticeboard for details.

For more details call 0121 7091552. or visit www.bostonteaparty.co.uk

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FINAL SAY

4. A notable addition is the ability to use a thirdparty managed account as an alternative to the traditional client account.

5. Guidance notes, if made available, will be separate, not attached to the rules, and released any time.

6. There’s no definition of office money. This means it’s either client monies or not client monies.

7. There’s no distinction between professional and non-professional disbursements. Plus, fees and disbursements can only be paid when a bill is raised.

8. Monies incoming from the Legal Aid Agency are no longer covered in the rules. This money can be held in the office account in future.

9. Bank accounts must still be reconciled every 5 weeks. This requirement has been extended to client’s own accounts or “passbooks”.

10. Although the exemption limits for accountants’ reports are unchanged, definitions of statements or passbook balances has changed and includes joint or client’s own accounts. As a result, firms currently exempt may not be exempt.

HOW CAN YOU PREPARE FOR CHANGE?

ALL CHANGE (AGAIN!) FOR THE SRA ACCOUNTS RULES

BY JULIAN BRYAN, MANAGING DIRECTOR, QUILL Where the SRA Accounts Rules are concerned, law firms are no strangers to change. The past few years have brought several phased changes including to the format of accountants’ reports, role of the reporting accountant and exemptions for firms requiring an accountant.

In a continued concerted effort to simplify and modernise the legal system, the SRA is once again making changes to the rules with the current draft being just 7 pages long and containing only 13 rules. This is a significant departure from the existing 52 rules, several appendices and 80 pages.

With 25th November 2019 as the implementation date, there’s no time to lose in getting prepared for the new rules. That’s why here we’re going to cover the why, when, what and how…

WHY THE NEED FOR CHANGE? As already intimated, it’s all about simplification but retaining an essential emphasis on protecting client monies. The SRA’s intention is to allow legal practices greater flexibility over how they operate, the ability to judge independently and make legal services more accessible to the public.

To quote Paul Philip, SRA Chief Executive: “Our reforms focus on what matters: the high professional standards that offer real public protection rather than unnecessary bureaucracy that generates costs, constrains 34 www.birminghamlawsociety.co.uk

firms and hinders access to legal services. We believe that the changes will make it easier for firms and solicitors to do business and to meet the needs of those who need their services.”

Can’t say fairer than that. So, while the short term may cause you some pain as you begin to adopt the new rules, unless your existing set up already meets the new requirements, in the long term you’ll be able to manage your accounts and run your business in a less prescriptive way.

When do the new rules come into force?

Guidance notes are likely to be circulated before the rules become mandatory. These notes will act as a toolkit. No official date has been set for the former – guidance notes – but 25th November has been confirmed for the latter – accounts rules.

WHAT ARE THE MAIN CHANGES? At a glance, the 10 primary points of difference from the old to new rules are:1. Its much-abridged format means each of the remaining 13 rules are considerably condensed.

2. With no time deadlines, you’ve got the freedom to decide your own timeframes.

3. Following on from #1 and #2, the new rules are principle based rather than prescriptive and contain less definitions. Interpret how you wish and do what’s reasonable.

Ahead of implementation, the SRA has provided much-needed clarification on these important changes to empower legal practices to prepare accordingly.

In simple terms, if you’re compliant with the current rules, complying with the new rules will be relatively easy. It could be a straightforward case of stating the new rules in your policies.

An internal audit is advisable too. A few minor tweaks to procedures here and there may be all that’s needed. At this review stage, define “promptly”, document your systems and controls, and ensure everyone is aware of your processes – your cashiers, COFA, new starters and reporting accountants.

If you’ve been considering outsourcing your cashiering, these new rules are the ideal time to do so. By outsourcing your accounts function to specialists in the field, such as Quill, your supplier keeps abreast of ever-changing solicitors’ accounts rules so you don’t have to.

Become a Quill client and we’ll manage your accounts in a compliant and timely manner, while you focus on other pressing business matters.

To find out more on Quill, please visit www. quill.co.uk/outsourced-legal-cashiering, email info@quill.co.uk or call 0161 236 2910. For further details on the SRA’s new regulatory model, go to www.sra.org.uk/ sra/news/press/standards-regulationsstart-date-2019.page.

Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association.

Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services, to the legal professional for over 40 years.

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OUTSOURCING YOUR CASHIERING?

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0161 236 2910 info@quill.co.uk quill.co.uk/quillit

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