Birmingham Law Society Bulletin August / September 2022 by Fraser Urquhart Media

BULLETIN

THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY

AUG / SEPT

2022 www.birminghamlawsociety.co.uk

EVENTS The Alternative Law Society Dinner and Race to the Commonwealthfrom Page 5. info@birminghamlawsociety.co.uk

STRIKE UPDATE Barristers Legal Aid Strikes- Criminal Law Committee Update from Page 26

REGULATION REPORT SRA finisng power increases. Find out how it affects you from Page 22

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THIS ISSUE

CONTENTS 4. President’s Address. 6. Events. What’s coming up and all the news from recent events. 12. Members’ News. 20. Data Insights Report: Planning Applications. 22. Regulation Report: SRA Fining Powers Increase. 24. In conversation with ... The winners of the 2022 BLS awards. 26. Criminal Law Committee Update: Barrister Legal Aid Strikes. 27. Social Mobility: Keeping The Door Open.

Race to the Commonwealth dinner.

29. Why It’s Still Urgent To Help Those Fleeing From The Ukraine.

CONTACT US www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk Tel: 0121 227 8700 Birmingham Law Society, Suite 101, Cheltenham House 14-16 Temple Street, Birmingham, B2 5BG Twitter: @bhamlawsociety Insta: @birminghamlawinsta Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk

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PRESIDENT’S LETTER off the donations. Please do continue to donate what you can spare, further details can be found on the BLS website, you, really can help to make a difference. And don’t forget we are still looking for volunteers to cook for the clients on 11th & 18th August, please do get in touch if you are able to help out, I can promise you, it is an experience you will never forget. I recently hosted a Committees Chairs meeting to thank them for the sterling work they do on behalf of the Society. I am delighted to report that we have at last appointed a new Chair and Vice of the ED&I Committee, Catherine Edwards (Keele University) and Suki Chhokar (Axiom DWFM) and Cleo Stewart (Midland Heart) and Heidi Salter (Housing 21) for the InHouse Committee. If you are interested in joining a Committee or just finding out more information click here.

Dare I say, I think we are pretty much back to normal? There is a real air of anticipation around the city. I for one cannot wait for the start of the Commonwealth Games here in Birmingham. Birmingham is looking amazing, ready to welcome the competitors, their friends and family and many other visitors from around the Commonwealth to our great City. I am so proud to be a Brummie, it really does feel like it’s time to celebrate everything we have achieved since the dark days of the pandemic. At BLS we have been embracing all of the opportunities the Games has brought to us including the very successful Conference and Dinner at University of Birmingham last week hosted jointly with the Commonwealth Lawyers Association. The Conference focused on equality and diversity in sport. Although I was unable to attend the conference and dinner I was lucky enough to attend the Civic Reception, at the Council House hosted by the Lord Mayor. Attendees included, Tony McDaid, Eileen Schofiled, Brian Spears, President of the Commonwealth Lawyers Association, the Hon Marlene Malahoo Forte QC, MP from Jamaica, Paul McConnell, University of Birmingham, John McKendrick QC, Muddasir Hossain from Bangladesh, and Hasan Khan from Pakistan to name a few. 4

It is usual for the host city to put together team of volunteers to provide free legal advice to the athletes and their entourage and as always BLS have risen to the challenge, we have over 40 volunteers ready to provide advice during the games and a team of volunteers from BTSS who will be manning the phones. Good luck to everyone who is participating, I know you will do BLS and Birmingham proud. In other news, the Alternative Dinner took place in June, we had over 140 attendees, who enjoyed a formal dinner, heard from Jayne Willetts winner of the Lifetime Achievement Award, Dan Bridgewater and Lucy Coulson from No5 Chambers and finished the night with lots of networking on the dancefloor! We took part in the Birmingham Legal Walk, walking 10 miles raising vital funds to support access to justice and Tony and Alice completed the Moonwalk Scotland in support of my charity, Walk the Walk. If you have not yet sponsored the team who completed 188 miles between them it’s not too late, you can donate here. Whilst on the subject of my charities, we have recently launched a campaign to help SIFA obtain essential supplies to allow them to continue their work. Members have been donating clothes, toiletries, tins of beans and other nonperishable foodstuffs via BLS and I have made regular trips to Digbeth to drop

On a separate note, thank you to our volunteers who have been out delivering books to primary schools in Birmingham as part of the Gender Sub-Committee’s project to put a copy of “Equal to Everything, Judge Brenda and the Supreme Court”. I personally delivered 21 books to schools in Sutton Coldfield and without exception, the schools were extremely grateful. The Social Mobility Conference, hosted by Squire Patton Boggs was a huge success, it produced some very lively discussions and is something we will continue to promote in the future. I am delighted that the Wellbeing Conference finally went ahead on 5 July. The Conference which was designed to look at Wellbeing initiatives from both an employer and employee perspective featured a Roundtable discussion on Wellbeing, led by Nisha March (Harrison Clark Rickerby) with David Moorcroft, The High Sherriff of the West Midlands, Wendy Ramshaw (Squire Patton Boggs), Chris Harvey (DWF), Donna Smith (Odonnata), Bill Barton (Barton Legal) and Charlotte Thornton-Smith (Harrison Clark Rickerby). It was followed by a Masterclass hosted by Donna Smith, a former lawyer looking at self-sabotage which definitely gave us plenty to think about and embrace and taster sessions looking at Mindfulness and Meditation, the importance of movement and nutrition from the team at “Wellbeing in Your Office”. Also in July we hosted our first in person wine tasting at Loki which was a great www.birminghamlawsociety.co.uk

SA THE VE DA Pre TE: s Thu ide rsd n t’ a

success, a further networking event hosted by St Philips complete with a Cocktail Bar and y1 7th The Law Society’s N 2 0 Annual Conference 22 ovem Ch be e ck for Presidents and r soc for i Secretaries. The up al me da Conference which tes dia was held virtually entitled “Engage, Manage, Grow” featured interactive workshops with other Law Societies from around the Country. There were some thought provoking discussions but I can’t help but feel that next year it should be back in person for everyone to get maximum benefit.

NEWS THE ALTERNATIVE LAW SOCIETY DINNER

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In the last edition I informed you all about the Governance Review that the Society was undertaking to ensure that it was fit for purpose in 2022. The recommendations are now being considered by the Implementation Committee, and work is underway on the New Articles. We are still hopeful that any changes will ready in time for the AGM in September, and details will be circulated to members in due course highlighting the changes. In addition to the review, Council and Board have approved the appointment of a CEO, to help focus and move the Society forward. We had some worthy applicants, first interviews have now taken place with second interviews to follow in the next few weeks. I am hopefully that by the beginning of September an appointment will have been made. And finally and in support of my Wellbeing Initiative, we have moved all of the BLS sporting events to September, the month we have now renamed “Sporty September”. There is something for everyone, “It’s a Knockout”, netball, football and golf finishing with a walk supporting “Birmingham Pride”. You can join us for all of the events or just one or two but I can promise after 2 years of cancellations and postponements they will be fiercely contested. I really do look forward to seeing you there. So despite the fact that my term of office comes to an end in September there really is lots to look forward to and get involved with. Good Luck Birmingham with the Commonwealth Games, good luck to the Lionesses in the Euros and may the best candidate win in the Conservative Leadership election. If you have any comments or suggestions of things you would like to see from BLS please do get in touch with me president@birminghamlawsociety.co.uk Stephanie Perraton, President. Birmingham Law Society thanks our Gold Sponsors

Well, what a great evening we all had at the Alternative Law Society Dinner! Thanks to all involved in organising and for allowing us to support the event through our sponsorship. The evening, hosted in the Edgbaston Stadium, offered a great opportunity to network with Birmingham’s legal community seeing faces familiar and new. Fantastic food, entertaining guest speakers and even a bubble machine on the dancefloor – it really was a fantastic night made all the better by helping to raise money for the BLS President’s Charities; SIFA Fireside and Walk the Walk! It was also great to hear from the BLS President, Stephanie Perraton, who refreshingly promised attendees that there was nothing on their desks that couldn’t wait until tomorrow! Our table included BCL Legal Director, Angharad Warren and BCL Legal Associates Donna Jones, Amanda Young and Josh Mcconnell, all of whom work in the legal recruitment market in Birmingham. We were also joined by guests including the Birmingham Trainee Solicitors’ Society Chair, Dalya Ben Romdhane and further BTSS committee members, Sophie Warren and Carl Latham, as well as other young lawyers, Talveer Sangha, Bela Viramgama and Jasmine Bilkhu. It was also great to sponsor alongside the College of Legal Practice and as a result of connections made that evening, we are already in plans to host a joint virtual event with the College of Legal Practice on the Solicitors Qualifying Examination (SQE) route to qualification later this month. If you’d be keen to find out more about the SQE then look out for further announcements via our LinkedIn page here. About BCL Legal Established in 2003, BCL Legal is the UK’s leading legal recruitment agency. We work in partnership with private practice law firms and large blue chip organisations. We pride ourselves on delivery and our reputation for quality: placing the right person into the right role, every time. We really are committed to providing the highest possible service to our clients and candidates. Our success is a testament to strong vision and values, our team, and the long-term relationships we’ve built with law firms, companies and lawyers across the UK & Ireland. We have strong links with boutique, regional, national and international firms across the Midlands. bolster our consultants’ specialist and local knowledge. If you are looking for a new position in the Midlands (or nationally for that matter) then feel free to reach out to BCL Legal Director, Angharad Warren via LinkedIn here, email angharadwarren@bcllegal.com or call 07469152425

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EVENTS WHY THE COLLEGE OF LEGAL PRACTICE WAS PROUD TO SPONSOR BIRMINGHAM LAW SOCIETY’S ALTERNATIVE DINNER FOR JUNIOR LAWYERS for that sitting. It gives them the opportunity to consider pushing the assessment back by 3 or 6 months if need be for more study time, and could save them valuable time and money. We then continue to offer support to students until they are ready to take the assessments and for their first retake if required. We actively seek and support students who are under-represented in the legal profession or face barriers to progression. The College is still young, and our approach to diversity and inclusion is developing all the time. So far, we are very keen to encourage any students to consider us, who may have additional learning requirements, lack confidence due to barriers they have faced in their lives, or just don’t feel that they fit the traditional lawyer profile. Peter Liver, Chief Operations Director the College, writes that they are very happy to be seen in the alternative box! We like doing things differently, and in fact the College has gone to great efforts to start our SQE training design from a blank sheet of paper, with no LPC baggage, and focus on what all students really need to succeed in passing the SQE. One of our main goals as an organisation is to facilitate access to the profession, this desire to support everyone to progress their career runs through everything we do, not just one-off schemes that sit on the side of our application process. Here are a number of ways in which we help every legal professional achieve their unique potential. Expert individual supervision The College takes an individual supervision approach across all our programmes. We recognise that everyone is different and particular for those who lack confidence, networks and other support, providing individual support is invaluable in giving them the encouragement and reflection that they need to perform at the best of their abilities. Our individual supervision and support is very highly rated by our students and is one of the most comprehensive on the market. Highly flexible virtual learning design and timetable 6

Our learning design focuses on making it easy and accessible for the learner, every practice area is broken down again into sub-units, and each unit has a very simple learning structure that step-by-step builds students’ knowledge and abilities in a measured way towards full SQE mock assessments. Moreover, the vast majority of our learning can be completed at time that suits the student and can take into account their work and life pressures and circumstances. We have a range of courses that suit different people depending on their needs. For example, we have a new mum taking our current SQE1 prep course, alongside other busy working legal professionals. Live sessions are recorded and supervisors don’t work just 9-5. So, as long as the students keep to the weekly deadlines and submissions we are happy with them learning at a time that suits them. We will give every student the best chance of passing the SQE Our supervisors are on it! They will advise students where they are in their performance against where they need to be to pass the SQE. Towards the end of the course, supervisors reflect with every student individually on their progress through an SQE Ready Review. This review is prior to the booking window closing for the assessment, and gives the students crucial information and advice as to whether to progress to the assessment

We have already supported students with visual impairments, learning difficulties, older students and those from lots of different ethnic groups. We are now looking at scholarship schemes and partnerships with firms that can help us achieve our goals in this area. Reflections on the Alternative dinner Thank you for allowing us to join your Alternative Dinner at Edgbaston, we had a great time, and it was a privilege to meet so many inspiring legal professionals. The speakers were fantastic, all exuding confidence and helpful tips to help progression in our sector. The buzz in the room was something that you don’t always experience at such events! We look forward to meeting you all again soon, About the College The College of Legal Practice is a fully accredited postgraduate law school based in the UK. We offer highly flexible legal training programmes at competitive prices. Established in 2019, The College of Legal Practice formed as a wholly-owned UK subsidiary of The College of Law in Australia; a not-for-profit provider and market leader with over 50 years of experience in legal education. If you would like to find out more about our approach to supporting students to pass the SQE, please visit the website or get in touch.

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EVENTS

ALTERNATIVE DINNER

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EVENTS MEMBER’S EVENTS Networking Social for Lawyers sponsored by No5 Barrister’s Chambers 7th September, 6pm – 8pm, No5 Barrister’s Chambers Free for members | £10 +VAT for nonmembers It’s a Knockout 9th September, 3.30pm – 7.30pm, NPF Bassetts Pole Adventure Park £450 +VAT for member team of 8 | £550 +VAT for non-member team of 8 BLS 5-A-Side Football Tournament 15th September, 4.30pm – 8.30pm, Goals Birmingham Star City £200 +VAT for member team of 5 | £300 +VAT for non-member team of 5 BLS Netball Tournament 20th September, 4.30pm – 9pm, Action Indoor Sports £300 +VAT for team of 7 BLS Golf Day 22nd September, 12pm – 8pm, Harborne Golf Club £100 +VAT for individual member | £110 +VAT for individual non-member | £380 +VAT for member team of 4 | £420 +VAT for non-member team of 4

ALTERNATIVE DINNER

Pride 2022 Walking Group 24th September, 11am – 4pm, Birmingham City Centre FREE for all to attend BLS AGM 2022 28th September, 5pm – 7pm, No5 Barrister’s Chambers FREE for members only Axiom DWFM’s UK Legal Paintball Championship 2nd October, 8am – 4.30pm, NPF Bassetts Pole Adventure Park £750 +VAT for team of 7 + 3 reserves To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk

EMPLOYERS GUIDE TO THE SQE ST PHILIPS SOCIAL

COSY CLUB NETWORKING 8

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EVENTS STUDENTS GUIDE TO THE SQE

WELLBEING CONFERENCE

Intelligent Office was delighted to sponsor Birmingham Law Society’s Wellbeing Conference on 5th July and support BLS in raising awareness of the importance of wellbeing within the legal sector.

SOCIAL MOBILITY CONFERENCE

WELLBEING CONFERENCE

As the market-leading provider of support services to law firms, we work with firms of all sizes from top 20 firms to SME and sole practitioners. We provide high quality, smart solutions that enable lawyers to concentrate on their core task of fee earning with the comfort of knowing that their secretarial and admin support is being dealt with efficiently and effectively. Our services include document production, legal admin, PA, print and mailroom, facilities, guest services, client and matter inception, finance admin and more. Whatever the size of your firm, and irrespective of role, we believe employee wellbeing should be on the agenda and a key focus, particularly as we adjust to new hybrid working practices. Our dedicated Wellbeing team promote the importance of the topic and engage employees in support tools available to them. As one of just a handful of businesses to be twice accredited with the Investors In People Platinum award, we are proud to offer all employees access to mental health first aiders, mental health awareness training, menopause awareness training and our employee assistance programme, as well as numerous diversity initiatives including live training sessions and anti-racist champions. Many employees join IO via TUPE when their law firm chooses to outsource; the way that we positively lead, support, and develop our people are key factors in the decision, as well as our detailed understanding of law firm operations and the legal sector. As well as the “kindness” and feedback from our employees around “how they are supported to provide the best services to our clients using continuous learning” that were praised by the Investors in People assessor, wellbeing, diversity, and equal opportunities are in our DNA and we’re proud to be leading the way for our clients with our initiatives in these key areas.

WINE TASTING

Intelligent Office supports over 60 law firm offices with onsite managed services and over 40 firms with offsite services from our three ISO 27001 accredited shared service centres. For more information about how we can support your firm with any of the above services, wellbeing initiatives, or consultancy contact Jo.Styles@intelligentofficeuk.com.

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EVENTS RACE TO THE COMMONWEALTH & BEYOND CONFERENCE AND DINNER

Constitutional Affairs, Jamaica ● Matt Moorhead, Legal Adviser, Commonwealth Secretariat ● Michelle Heeley QC, Leader, The Midland Circuit ● Mohammed Zaman QC, Barrister, No5 Barristers’ Chambers ● Muddasir Hossain, Partner, Hossain & Khan Associates ● Phil Hutchinson, Principle Associate, Mills & Reeve ● Sandra Osborne QC, Chair, International Tennis Federation Ethics Commission ● Stephen Sampson, Partner, Squire Patton Boggs ● Steven Thiru, Vice-President (Australasia), Commonwealth Lawyers Association ● Tom Price, Parner, Gowling WLG ● Urvasi Naidoo, Compliance and Contracts Manager, Commonwealth Games Federation

Day one ended with a black-tie dinner, hosted in the historic and prestigious Great Hall at the University of Birmingham with ex Olympian, Mark Foster, one of the UK’s most successful competitive swimmers who gavegiving a motivational keynote to round out the evening. At the dinner, we raised over £3,561.77 for our charity partner, It’s a Penalty. Last month, with over a year of planning, we hosted our two-day “Race to the Commonwealth and Beyond” legal conference and dinner at the University of Birmingham, linking in the Commonwealth and sports, supported by The Commonwealth Lawyers Association. This event was aimed at those in the legal profession, where we explored the experience of members of the Commonwealth on themes of equality and diversity in sport. More than 150 delegates from across the Commonwealth attended the conference over the two days, hosted by John McKendrick QC, with session topics covering law in sport, child abuse and exploitation, race to the Commonwealth and beyond - looking at legal best practice across the world to end discriminatory practices and what lessons can be learned, access to data, sports events and privacy issues, international arbitration and mediation inside and out of the world of sport, discrimination, gender equality, sports contracts, and ethics and conduct in sporting regulation.

Thank you to our sponsors Cloud Systems, Gowling WLG, No5 Barristers’ Chambers, Cornwall Street Barristers and Tula Medical Experts for their support in helping us put on this event for our members and legal community in Birmingham. Alice Kinder, Deputy Vice-President, Birmingham Law Society, said “I am delighted that Birmingham Law Society has been able to celebrate the arrival of the Commonwealth Games in our city in such a fantastic way. The conference and dinner allowed us to bring together our friends from across the Commonwealth for a powerful discussion to build what I hope will be productive and longlasting relationships. The Games will provide a significant opportunity to accelerate the development and growth of Birmingham and to change the lives of those who call it home. Birmingham Law Society looks forward to playing its part in that legacy. “

The line-up of speakers included: ● Alice Kinder, Deputy Vice-President, Birmingham Law Society ● Andy Street, Mayor of the West Midlands ● Brian Speers, President, Commonwealth Lawyers Association ● Carol Couse, Partner, Mills & Reeve ● Caroline McGrory, Chief Legal Officer, Birmingham 2022 Commonwealth Games Organising Committee ● David Greene, Council Member, Commonwealth Lawyers Association ● David Milton, Partner, Clyde & Co ● Elizabeth Speller, Advocacy Director, It’s a Penalty ● Gemma Pearson, Head of Brand & Marketing, Think Studios ● Hasan Irfan Khan, Senior Partner, Irfan and Irfan ● Hugh Mercer QC, Barrister, Essex Court Chambers ● John Crabtree OBE, Lord Lieutenant of the West Midlands ● Dr Lin Sambili, Project Manager, Sport for Development and Peace ● Professor Lisa Webley, Head, Birmingham Law School ● Malcolm Dowden, Partner, Squire Patton Boggs ● Dr Mariela de Amstalden, Lecturer, Birmingham Law School ● Mark Fenhalls QC, Chair, BCEW ●The Hon. Marlene Malahoo Forte QC, MP, Minister for Legal &

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EVENTS

“The CLA conference was my first in-person conference and not only was it an experience of a lifetime, it was also an honour sitting amongst top players in the legal market. I was in the presence of leading lawyers from around the Commonwealth countries, notably one from my own home country: Pakistan. The speeches and presentations were gripping and thought provoking, shedding light on important issues such as Child Sexual Abuse and Exploitation in sports. Just graduating from this University, it was the best way to end my journey here, until I come back, hopefully as a qualified solicitor.” Nawal Badar

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WESTWEST MIDLANDS MIDLANDS

FIRMS ARE LISTED A-Z WITHIN TIERS

LEADING INDIVIDUALS

HEALTH Tracey Lucas Jill Mason Jog Hundle

WEST MIDLANDS COMPRISES BIRMINGHAM AND THE SURROUNDING COUNTIES OF SHROPSHIRE, STAFFORDSHIRE AND WARWICKSHIRE

David Meecham

Hayley Saunders

Pinsent Masons Belfast

Shoosmiths

AGRICULTURE AND ESTATES Sarah Baugh FBC Manby Bowdler LLP Steven Corfield FBC Manby Bowdler LLP Peter Snodgrass Shakespeare Martineau LLP

Stephen Bottley DLA Piper

Jon Bew Shoosmiths

BANKING AND FINANCE Stephen Bottley DLA Piper Patrick Davis Eversheds Sutherland Chris Brierley Gowling WLG David Doogan Pinsent Masons Belfast LLP Mohammed Saqub Shakespeare Martineau LLP David Adams Shoosmiths Jon Bew Shoosmiths Roy Grist Squire Patton Boggs BANKING LITIGATION Chris Busby Eversheds Sutherland Neville Gray Eversheds Sutherland CHARITIES AND NOT-FOR-PROFIT Dominic Curran Anthony Collins Solicitors LLP Kirsty McEwen Higgs LLP Mark Lewis Lodders Solicitors LLP Jenny Smith Thursfields Solicitors Shivaji Shiva VWV

Dominic Curran

Andrew Leach,

Anthony Collins Solicitors LLP

DWF

COMMERCIAL LITIGATION: BIRMINGHAM Neil Bowker DLA Piper Nicholas Bamford DLA Piper Andrew Leach DWF Adam Fisher Eversheds Sutherland Ann Benzimra Fieldfisher Andrew Smith Gowling WLG Jim Richards Pinsent Masons Belfast LLP Mark Surguy Weightmans COMMERCIAL LITIGATION: ELSEWHERE IN THE WEST MIDLANDS

Gareth Burge Thursfields

Guy Birkett Neil Williams Harminder Sandhu Elizabeth Beatty Richard Morgan Julia Lowe Sarah Perry

Elizabeth Gane,

Jas Tamber

Gowling WLG

Anthony Collins Solicitors

FBC Manby Bowdler LLP George Green LLP Hawkins Hatton Corporate Lawyers Limited HCR Hewitsons HCR Hewitsons Higgs LLP Wright Hassall LLP

COMMERCIAL PROPERTY: BIRMINGHAM Monique Sutherland DLA Piper Dawn Hilton Eversheds Sutherland Gurjit Atwal Eversheds Sutherland Iftkhar Ahmed Eversheds Sutherland Philip Medford Eversheds Sutherland Sue Simpson Fieldfisher Richard Pettifor Gateley Plc Richard Bate Gowling WLG Ben Acheson Irwin Mitchell David Meecham Pinsent Masons Belfast LLP Kultar Khangura Pinsent Masons Belfast LLP Lisa Middleton Pinsent Masons Belfast LLP Tom Johnson Pinsent Masons Belfast LLP Andrew Mellor Shakespeare Martineau LLP Jason Jackson Shoosmiths Chris Plumley Trowers & Hamlins LLP

Dawn Hilton

Claire Waring,

Eversheds Sutherland

Wright Hassall

COMMERCIAL PROPERTY: ELSEWHERE IN THE WEST MIDLANDS Kevin Styles George Green LLP Cherry Elliott Higgs LLP Mark MillerLodders Solicitors LLP Clare Regan MFG Solicitors LLP Sue Albini Pickerings Solicitors Claire Waring Wright Hassall LLP David Slade Wright Hassall LLP CONSTRUCTION Andrew Millross LLP Stephen Malley Peter Scurlock Helen Andrews Michael O’Shea Richard Green Andrew James Martino Giaquinto Nigel Blundell Patrick Garner Philip Harris

CONTENTIOUS TRUSTS AND PROBATE Craig Ridge Higgs LLP Robert Weston MFG Solicitors LLP Kamal Majevadia Sydney Mitchell LLP

Kamal Majevadia

Lee Clifford

Sydney Mitchell LLP

Freeths LLP

CORPORATE AND COMMERCIAL: BIRMINGHAM Charles Cook DLA Piper Noel Haywood DLA Piper Tim Lake DLA Piper John Campion DWF Catherine Eley Eversheds Sutherland Lee Clifford Freeths LLP Tom Durrant Gateley Plc David Vaughan Gowling WLG Nicole Livesey Pinsent Masons Belfast LLP Kavita Patel Shakespeare Martineau LLP CORPORATE AND COMMERCIAL: ELSEWHERE IN THE WEST MIDLANDS Neil Jones Ansons Paul Bennett George Green LLP Arpinder Dhillon HCR Hewitsons John Heaton Higgs LLP Gareth Burge Thursfields Solicitors Robert Lee Wright Hassall LLP CORPORATE TAX Andrew Noble Browne Jacobson LLP Jon Stevens DWF Lee Nuttall Gowling WLG Kevin Lowe Mills & Reeve LLP Becky Rees Parisi Tax LLP Lisa Stevenson Parisi Tax LLP Kate Featherstone Shoosmiths

Nick MacKenzie,

Jane Fielding

Brown Jacobson LLP

Gowling WLG

EDUCATION Nick Mackenzie Richard Freeth Nick Abbott Gayle Ditchburn Smita Jamdar

Browne Jacobson LLP Browne Jacobson LLP Mills & Reeve LLP Pinsent Masons Belfast LLP Shakespeare Martineau LLP

EMPLOYMENT David Sykes Sandra Wallace Benedict Gorner Jane Fielding Tim Jones Nick Jew Richard Santy Jonathan Coley Linda Jones Charlie Rae Charlie Frost

Averta Employment Lawyers DLA Piper Gateley Plc Gowling WLG Higgs LLP Keystone Law Mills & Reeve LLP Pinsent Masons Belfast LLP Pinsent Masons Belfast LLP Shoosmiths Squire Patton Boggs

ENERGY, PROJECT FINANCE & PFI James Larmour Freeths LLP Gus Wood Gowling WLG Didar Dhillon Pinsent Masons Belfast LLP ENVIRONMENT David Egan Ruth Armstrong Andrew Litchfield Lee McBride

DWF Gateley Plc Gowling WLG Lodders Solicitors LLP

Ruth Armstrong,

Diane Benussi

Gateley Plc.

Benussi & Co

FAMILY: BIRMINGHAM Elizabeth Wyatt Anthony Collins Solicitors LLP Jas Tamber Anthony Collins Solicitors LLP Diane Benussi Benussi & Co Limited Rayner Grice Clarke Willmott LLP Kevin Harris-James HCR Hewitsons Clare Wiseman Irwin Mitchell Zahra Pabani Irwin Mitchell Beverley Morris Lodders Solicitors LLP Karen Moores Sydney Mitchell LLP

Matthew Giles Capsticks LLP Mills & Reeve LLP Mills & Reeve LLP

HEALTH AND SAFETY Ruth Armstrong Gateley Plc Andrew Litchfield Gowling WLG Sean Elson Pinsent Masons Belfast LLP Hayley Saunders Shoosmiths INSOLVENCY AND CORPORATE RECOVERY Stephanie Slinn Clarke Willmott LLP John Jeffreys Freeths LLP Daniel French Gateley Plc

Sam Payne

Devinder Singh

HCR Hewitsons

Squire Patton Boggs

Mark Wilson Sam Payne Stephen George Amy Flavell Andrew Taylor Aaron Harlow Devinder Singh

Gateley Plc HCR Hewitsons Irwin Mitchell Pinsent Masons Belfast LLP Shakespeare Martineau LLP Shoosmiths Squire Patton Boggs

INTELLECTUAL PROPERTY Mark Daniels Browne Jacobson LLP Simon Barker Freeths LLP Kate Swain Gowling WLG IT & TELECOMS Stephen Ollerenshaw Codified Legal Craig Armstrong Shoosmiths David Jackson Shoosmiths Stuart James Squire Patton Boggs LICENSING Stephanie Perraton

Squire Patton Boggs

LOCAL GOVERNMENT Olwen Brown Anthony Collins Solicitors LLP Derek Adamson DWF Didar Dhillon Pinsent Masons Belfast LLP Amardeep Gill Trowers & Hamlins LLP

Anthony Collins Solicitors DLA Piper Eversheds Sutherland Fieldfisher Gowling WLG Gowling WLG HCR Hewitsons Mills & Reeve LLP Pinsent Masons Belfast LLP Shoosmiths Wright Hassall LLP

Larry Coltman Coltman

Lee Nuttall,

Warner Cranston LLP

Gowling WLG

FAMILY: ELSEWHERE IN THE WEST MIDLANDS Tracy Cross Band Hatton Button LLP Linda Jones Brethertons LLP Andrew Caldicott HCR Hewitsons Philip Barnsley Higgs LLP

DEBT RECOVERY Larry Coltman Coltman Warner Cranston LLP James Baird Gateley Plc Dee Kundi Knights Alan Hamblett Shakespeare Martineau LLP

GENERAL CRIME & FRAUD Ben Henry Jonas Roy Bloom Steven Jonas Jonas Roy Bloom Hamraj Kang Kangs Solicitors James Turner Tuckers Solicitors

Emma King Eversheds Sutherland

PENSIONS Emma King Gary Delderfield Sarah Franklin Michael Collins Elizabeth Gane Paul Carberry Richard Lee Nick Stones Glyn Ryland

Olwen Brown Anthony Collins Solicitors

Eversheds Sutherland Eversheds Sutherland Eversheds Sutherland Gateley Plc Gowling WLG Gowling WLG Gowling WLG Pinsent Masons Belfast LLP Squire Patton Boggs

PERSONAL INJURY: DEFENDANT James Harvey BLM Richard Stallard DAC Beachcroft Ken YoungKeoghs LLP David Tuck Weightmans Henry Bermingham Weightmans PERSONAL TAX, TRUSTS AND PROBATE Lesley Davis Shakespeare Martineau LLP PLANNING Howard Bassford Trevor Ivory

DLA Piper DLA Piper

Howard Bassford

Lucy Thomas

DLA Piper

Paul Maile Lucy Thomas Simon Stanion Tim Willis John Gregory

Pinsent Masons Belfast LLP

Eversheds Sutherland Pinsent Masons Belfast LLP Shakespeare Martineau LLP Shoosmiths Wright Hassall LLP

PROFESSIONAL NEGLIGENCE Julian Smart BLM Eamon Mooney Kennedys David Gooding Mills & Reeve LLP PROPERTY LITIGATION Lisa Barge Eversheds Sutherland Clive Chalkley Gowling WLG Paul Barker Gowling WLG Alicia Foo Pinsent Masons Belfast LLP Martin Edwards Shakespeare Martineau LLP Paul Knight Shoosmiths SOCIAL HOUSING Baljit Basra Anthony Collins Solicitors LLP Peter Hubbard Anthony Collins Solicitors LLP Victoria Jardine Anthony Collins Solicitors LLP Jacqueline Knox Gowling WLG David Perry Shoosmiths Andrew Dudley Wright Hassall LLP TRANSPORT Darren Kenny Giles Clifford

6 The Legal 500 West Midlands

The Legal 500 2022.indd 6

Squire Patton Boggs

PERSONAL INJURY: CLAIMANT TPhilip Edwards Clarke Willmott LLP Inez Brown HCR Hewitsons Andy Shaw Higgs LLP Clive Garner Irwin Mitchell Emma Rush Irwin Mitchell Hilary Wetherell Irwin Mitchell Luke Daniels Irwin Mitchell Stephen Nye Irwin Mitchell Kay Kelly Lanyon Bowdler Neil Lorimer Lanyon Bowdler Phil Barnes Shoosmiths

DWF Gowling WLG

The Legal 500 West Midlands 7

22/12/2021 16:06:11 The Legal 500 2022.indd 7

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SPECIAL FEATURE

WEST MIDLANDS CORNWALL STREET – CELEBRATING SUCCESS AROUND THE REGION Jonathan Storey – ‘Jonathan is an excellent barrister: intellectually able, calm and reassuring, and thoroughly prepared’ - Rising Star, Professional and Disciplinary Law, Midlands

Peter Glenser QC: ‘One of the most charming and likeable barristers/ opponents I have come across in recent times. Peter is a minister for justice in the true sense of the word, both fair minded but with equal vigour in his presentation of the prosecution case. A downto-earth approach which makes it hard to defend against because he is immediately liked by both juries and judges. His witness handling of frightened bystanders was a joy to watch, and he is, in my view, a first-class barrister. I would very much like to defend with him too where he will undoubtedly demonstrate his flair in a defence context.’ – Leading Silk, Crime, London

In association with

Record Rankings for Cornwall Street Barristers This year’s Legal500 features a record-breaking seven barristers from Cornwall Street Barristers ranked over nine categories. The achievement comes on top of further expansion for the set with Maidstone Chambers becoming part of Cornwall Street Barristers earlier this year. The set will continue to offer a mix of Family, Crime and Civil expertise nationwide from offices in Birmingham, Oxford and Maidstone. Contact James Farmer, Chief Executive, on 0121 233 7500 or on j.farmer@cornwallstreet.co.uk

As the impact of Covid continues to be felt across the UK, it’s a matter of some considerable pride to see the way in which the region’s legal professionals continue to rise to the challenge of delivering high quality legal services to clients of all types. This year’s Legal 500 recognises the variety and diversity of talented professionals who’ve overcome significant hurdles to keep their practices going and to adapt to changing ways of working and to the increasingly complex demands of clients and of the judicial system. More lawyers and law firms than ever before have been recognised in this year’s directory and Cornwall Street Barristers is delighted to rank among them and to record no fewer than nine barristers being ranked across ten different categories. YEAR OF ADAPTATION AND GROWTH 2021 has been a year of rapid and positive change for Cornwall Street Barristers with financial results showing a record-breaking turnover. With growth being seen across all the set’s main practice areas – family, crime and civil – levels of work, billing and receipts are now exceeding pre-pandemic levels. This is particularly remarkable given that, in common with many other practices across the country, the set faced a huge setback when Court work stopped coming in overnight as Covid took hold and lockdown ensued. Not only has Cornwall Street achieved a record financial performance over the period of the pandemic whilst also being able to provide financial support to its members through the pandemic; it has shown substantial growth. On 1 October 2021 Cornwall Street incorporated Maidstone Chambers creating a 78-member set with offices in Birmingham,

Oxford, and Maidstone. This strategic move creates a new offer called ‘Cornwall Street South’ which strengthens Chambers’ offering across the Midlands and South Eastern circuits. Supported by the long-established Birmingham base, this move will offer members greater opportunities and enhance the service available to clients wherever they may be based.

RECOGNITION FOR INDIVIDUALS We’re particularly pleased to see several members singled out for recognition in the directory this year including: Timothy Jacques: ‘A most able advocate, efficient and speedy in response to instructions, with a wide knowledge of the relevant areas of law, and a sound problem-solving approach, with extremely good clientfacing qualities.’ – Leading Junior, Personal Injury, Midlands Matthew Bolt – Leading Junior, Crime (general and fraud), Midlands Naomi Dean: ‘Kind and compassionate towards the clients. Excellent drafting skills. Always well prepared. Approachable. Excellent after care, she will always give advice on the next steps, and a clear note on what happened at a hearing.’ – Rising Star, Family and Children Law, Midlands

Rebecca Chalkely: “Rebecca is a highly skilled advocate, with an exceptional grasp of the law. She is focused and unflappable. She is definitely someone you want on your team when it comes to prosecuting large-scale fraud cases.” – Leading Junior, Licensing, London Rebecca Chalkely: “A great advocate and disclosure expert.” – Leading Junior, Business Regulatory Crime, London Rebecca Chalkely: “A tenacious advocate who commands attention in the courtroom, she is highly organised and efficient and is never on the back foot.” – Leading Junior, Environment, London Theo Huckle QC: “A charismatic, clear, calm and compelling advocate who can be trusted entirely to do a brilliant job.” – Leading Silk, Personal Injury, Industrial Disease, and Insurance Fraud

For more information, please contact James Farmer T: 0121 233 7500 E: j.farmer@cornwallstreet.co.uk W: www.cornwallstreet.co.uk

BIRMINGHAM LAW SOCIETY & THE LEGAL 500 : A GUIDE TO THE TOP WEST MIDLANDS LAW FIRMS

One of the major national legal publications of the year, The Legal 500, is distributed each Autumn. This important annual research charts the impact of the top legal firms in the UK and is widely regarded as one of the most important publications of its type. The Birmingham Law Society is the largest and most prestigious Law Society outside of the capital and is a modern, dynamic organisation with a membership of around 5000 Lawyers, Solicitors and Barristers from all over Birmingham and the West Midlands. The Birmingham Law Society and the publishers of the Society’s membership magazine Bulletin, Fraser Urquhart Media have again joined forces with Legalese, the publishers of the Legal 500, to

publish a special commemorative multipage magazine to review the Legal 500 2023 West Midlands rankings. Fraser Urquhart Media is delighted to be publishing this, definitive guide to the West Midlands legal profession and the regions legal ‘big hitters* for the fifth year. Distributed within the November / December edition of Bulletin - the official magazine of the Birmingham Law Society, the Legal 500 special edition will be exclusively sent to 5000 Legal Professionals across our e-zine, social media and email platforms and once again, due to the incredible success of the previous publications, 2000 copies will be produced to be delivered to a hand-picked West Midlands B2B audience.

DISTRIBUTION FACTS MARKET: Birmingham’s top legal brains and members of the Birmingham Law Society. Founded in 1818, today the Society is a modern, dynamic organisation with over 4000 members from all over the West Midlands. It is by far the largest local law society in England and Wales and their 4000 members comprise Lawyers, Solicitors and Barristers. PRINT CIRCULATION: 2000 copies will be

distributed to Birmingham Law Society member firms along with a handpicked business led distribution across Greater Birmingham.

ONLINE: Tablet Ezine and dedicated social media channels. SOCIAL: AB1 Professionals, Affluent,

Influential, Engaged and Highly Sophisticated Lifestyle and Tastes – personally and professionally.

sponsorship & ADVERTISING rates Main Sponsor Package includes: Full colour “In association with” logo branding on

front page Double page spread editorial (centre set) Full page advertisement Logo branding on any promotional advertisements. £2500

Co-sponsorship Package includes: Full colour “In association with” logo branding on front page, 1-page editorial, Full page advertisement, Logo branding on any promotional advertisements. £1750

Double page spread £1600 - To BE SUPPLIED as 2 x single page pdfs Full page £900 - 297mm high x 210mm wide +3MM BLEED Half page £595 - 136mm high x 190mm wide - NO BLEED All artwork to be supplied as a hi res PDF by MONDAy 10th OCTOBER 2022

FIND OUT MORE AT Mike Moloney The Financial Media Sales Consultancy T: 0121 477 5261 M: 07801 849367 E: mike@financialmediasales.com or

Fraser Urquhart Media, T. 0116 2533445 M: 07713 740272 E. info@fu-media.co.uk

NEWS MFG SOLICITORS ANNOUNCES TEN PARTNER AND ASSOCIATE PROMOTIONS

these latest promotions across a wide spectrum of expertise. “To see five hugely experienced lawyers step up to become partners is another proud moment for us and they will prove to be superb appointments in the months and years ahead. “Meanwhile, having many more rising stars stepping up to become senior associates and associates shows we are well prepared for the future in a number of specialisms.”

Midlands law firm MFG Solicitors has announced ten promotions which includes five new partners and two senior associates. Residential property specialist Javed Ahmed is promoted to partner and will continue in his role as head of the firm’s Residential Conveyancing team. In the same division, Nichola Wilson also becomes a partner. Family law expert Rupinder Nandra has also been promoted to partner, alongside Lisa Morrison in the firm’s Commercial Property department, and trusts and estates lawyer in the Private Client team, Tom Evans. mfg has also announced two senior associate promotions within its awardwinning Agriculture and Rural Affairs

team who look after the interests of farmers, landowners and rural businesses – with highly respected lawyers Tom Bell and Hannah Taylor being promoted. Meanwhile, the firm has also confirmed that wills and probate specialist Ellie Newman, corporate lawyer Matt Allen, and litigation expert Stephanie Rushfirth, have each been promoted to associate level. Maynard Burton, partner and chairman of mfg Solicitors said: “We are expanding in a variety of areas with more and more people and businesses looking to us for professional advice. This means we must have nothing but the best teams in place so I am delighted with

The confirmed list of annual promotions is as follows: Partner promotions: • Javed Ahmed – Residential Property • Nichola Wilson – Residential Property • Rupinder Nandra – Family • Lisa Morrison – Commercial Property • Thomas Evans – Private Client Senior Associate promotions: • Tom Bell – Agriculture and Rural Affairs • Hannah Taylor – Agriculture & Rural Affairs Associate promotions: • Ellie Newman – Private Client • Matt Allen – Corporate • Stephanie Rushfirth – Litigation

SHOOSMITHS COLLEAGUES RAISE FUNDS IN FOOTBALLER’S LEGACY Regis was one of the first black footballers to play in the top divisions of English football, including for Midlandsbased clubs West Bromwich Albion, Coventry, Aston Villa and Wolves. Following his death in January 2018, aged just 59, Cyrille’s family vowed to continue his commitment to charity work through pursuing projects close to him.

Members of the corporate and banking team from Shoosmiths’ Birmingham office swapped their suits for running shoes this week as they completed an ambitious run in support of their nominated charity The Cyrille Regis Legacy Trust. The law firm’s regional corporate and banking team have been supporting the charity since July 2021, in honour of the footballing legend and trailblazer Cyrille Regis. 14

These include developing and supporting football-based projects and breaking down barriers across communities, as well as creating and supporting mentoring initiatives that improve the opportunities available to people from disadvantaged backgrounds. On Thursday 7 July, the team completed the run between the three Midlands football clubs Cyrille played for: • Coventry City Building Society Stadium to Villa Park – 38.1km (run by Joe Machin, Natalie Barnes, Anna Riley and Dan Thomas) • Villa Park to the Hawthorns – 6.9km

(run by Daniel Shilvock) • Molineux to the Hawthorns – 18.8km (run by Alice Richmond) The team are welcoming donations via the trust’s website. Daniel Shilvock, corporate partner at Shoosmiths said: “We are thrilled Shoosmiths could support the Cyrille Regis Legacy Trust. Cyrille was a footballing icon, pioneer and a trailblazer – not just in the Midlands but beyond. Cyrille’s wife Julia and all at the charity do amazing work. It is fantastic to see his life honoured in such a way – a fitting legacy to a great man.” Julia Regis, wife of Cyrille Regis, said: “We are so pleased Shoosmiths has chosen to support our charity and help us to transform the lives of young people in this region through our ‘Strike a Change’ mentoring programme. To find out more about how you can get involved, please visit www. cyrilleregis.com and follow the charity on social media.

NEWS BIRMINGHAM SOLICITORS CALLED ON TO HELP COMBAT ONGOING CRISES around the world and highlights your firm’s commitment to community. “We have seen thousands of enquiries from people in the West Midlands and it would be fantastic to see more firms from Birmingham sign up and help transform the lives of those in need.” The suggested donation for people using a Will Aid solicitor is £100 for a basic will, or £180 for a pair of mirror wills. Firms taking part are introduced to new clients thanks to the scheme, many of whom need additional services on top of their basic will. Firms participating in Will Aid are supported by the campaign’s multiaward-winning PR team, who have helped secure firms’ coverage in local, regional and national press. Junaid Ahmed, from Birminghambased Knightsbridge Solicitors, said: “By signing up to Will Aid, we have not only helped vulnerable people in our local community and beyond, but we’ve also seen clients return for additional services. “Will Aid is all about showing our clients we are with them through the good times and the bad. More solicitors in England’s second city are being called on to support vulnerable people through ongoing crises both in Birmingham and around the world. Charity will writing scheme Will Aid is looking for more solicitors to sign up to this year’s campaign, as the cost-ofliving crisis and humanitarian disaster in Ukraine continues to put strain on its charity partners. The annual campaign has raised more than £22million since 1988 for its charity partners, ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, Sightsavers, SCIAF and Trocaire.

Participating firms waive their fees for writing basic wills during November, and instead, invite clients to make an upfront donation to Will Aid. Peter de Vena Franks, Will Aid campaign director, said: “Charities have faced an incredibly turbulent time in the wake of the coronavirus pandemic, and their services continue to be desperately needed. “Solicitors across the UK helped our charities immensely during last year’s campaign, raising hundreds of thousands of pounds to support good causes. Donating your time to Will Aid directly helps improve the lives of vulnerable people in the UK and

“I would highly recommend more firms sign up to this year’s campaign.” Celebrity supporters of the campaign include TV show host Graham Norton, Academy Award-winning actress Dame Judi Dench and ITV journalist Robert Peston, while the campaign has regularly been highlighted by financial guru Martin Lewis. To sign up to Will Aid 2022 or express your interest, visit the Will Aid website, or contact the team directly, who will be happy to answer your questions. Tel. 0300 0300 013 www.willaid.org.uk/solicitors

FORRESTERS RECOGNISED BY FT AS ONE OF EUROPE’S TOP PATENT FIRMS

Forresters has been ranked in five technical areas, achieving a silver rating (frequently recommended) in Electrical Engineering and Mechanical Engineering, and a bronze rating (recommended) in Biotech & Food, Chemistry & Pharma and Materials & Nanotech. The firm was also given a bronze rating overall.

Forresters has been named by the Financial Times as one of the leading patent firms in Europe. The Financial Times’ annual “Europe’s Leading Patent Law Firms 2022” report ranks firms based on client feedback overall and in six technical areas.

The recommendation of more than 3,200 clients and peers were considered, with firms selected based on the number of recommendations. In total, 167 firms made it into the list which can be viewed on the Financial Times website.

NEWS LEAP APPOINTS GARETH WALKER AS UK CEO

LEAP, the largest independent provider of software to law firms worldwide, has recently appointed Gareth Walker as CEO of LEAP in the UK and Ireland. Previously Chief Operating Officer of LEAP for five years, Gareth has extensive experience of the LEAP business and the industry. He has worked in legal software for over 15 years and has been with LEAP since they opened their first office in Twickenham, London. He has seen the business grow from the inside and has experienced first-hand the market changes over the years. Gareth’s first months as CEO have come at a turbulent time for the profession. Law firms are juggling the challenges of hybrid working and retaining and attracting talent in a competitive recruitment market. All this whilst maintaining an affordable yet profitable service. Gareth is, however, very positive about the future for the law firms LEAP serves. Gareth shares the following thoughts and observations as CEO:On the business landscape, the market and the importance of technology and of constantly innovating: In terms of the business landscape, we are faced with global political, economic and societal challenges caused by the war in Ukraine and Covid, however we’re continuing to grow rapidly. Law firms are resilient in tough times and turn to software to provide solutions to business challenges. There is an understanding that you’ve got to continue to drive and improve to survive and thrive in a challenging business climate.

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Effective use of cloud-based technology provides solutions to current business challenges, facilitating vital remote and hybrid working practices for law firms and reducing the headcount needs, overcoming the current skills gap caused by a scarcity of talent. We have seen amazing advancements in the technology available in the market, and LEAP has been a clear driver in that. The technology now available to law firms is just incredible. There are new players and innovations emerging constantly. It’s well known in the industry that we invest every year in the innovation of what is already the most widely used product in the market. There are always opportunities, and these will come from continuing to drive development. We drive innovation in terms of investing in our products and innovation in our services, thinking about new ways that we can help our clients. Our customer success team constantly questions how we can improve. On the changes, opportunities and challenges facing law firms and the importance of a partnership approach: Law firms’ adoption of technology has developed significantly in the last 15 years. The firms have a lot more knowledge when they go out to market now. The options are numerous, but law firms know there is more guidance available. Many years ago law firms would reluctantly accept the use of technology, now they want to embrace it. That’s probably one of the biggest things I’ve seen. This

makes the onboarding process easier, however customers are quite rightly more demanding of their technology partners. The relationship is not just as a supplier but as a partner now and therefore the role of our LEAP Practice Productivity Advisors is so crucial. The LEAP partnership approach and the development and evolution of LEAP Practice Productivity Advisors is critical to ongoing success. If we understand our law firms and their business processes and what they’re trying to achieve, then we can train their people in the right way. Once trained, we help them manage their staff training and processes. Our customer service plays a key role in this. It’s not just training individuals, it’s working with a law firm, top down, to help them embed those processes and skills and being able to do that in a remote working setting. We proactively want to spend time with our customers to see how they are using the software and suggest how to adapt business processes for maximum effect. We are a very proactive business. Ultimately, it’s about supporting law firms to use technology to mitigate challenges and achieve business success. On the LEAP innovation ethos and future proofing for ongoing success: Innovation for us is a state of mind. We really have an evolution ethos here. We continually strive to be the best. The moment you stand still and you stop, you fall behind. And for us, it is about continually driving improvement in every single area of the business and every single aspect of what we do. We have a day one mentality. Today is day one. What do we know today? And what do we do to move forward? That’s something we drive a lot, and our business structures are fully designed around making sure that we do that. Gareth is confident of the continued success of LEAP and of the law firms that LEAP serves. “We will survive and thrive because of our problem-solving approach. Our focus on technology development and our partnership approach to working with law firms helps future proof LEAP and the businesses we serve, ensuring continued evolution, relevance and value in an ever-changing world.” www.leap.co.uk

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NEWS INFOTRACK ANNOUNCE FIRST DIGITAL CONVEYANCING EVENT FOR LAW FIRMS Hosted by InfoTrack, the agenda has confirmed speakers from leading industry bodies and law firms including HM Land Registry, The Law Society, Council for Licensed Conveyancers, Knights Plc, Dutton Gregory, Charles Coleman, and more.

InfoTrack has announced the launch of a new event for the legal industry, The Digital Conveyancing Summit. This one-day event will tackle the most interesting topics and biggest issues law firms face in the quest to improve their conveyancing capabilities through the adoption of better data and technology solutions. The free event is being live streamed on Wednesday 28th September from The Law Society offices in Chancery Lane. Delegates can expect an in-depth, insightful event covering topics including compliance and regulation, how to build a digital-first law firm, the impact of technology on people, business and clients, and insights into HM Land Registry’s digital journey. Joining forces with industry experts and thought leaders, the event will cover a series of educational seminars and panel discussions exploring the most pressing concerns for law firms related to digital conveyancing – from industry challenges to technological advancements.

Sam Jordan, InfoTrack COO, comments, “Digital conveyancing is rapidly evolving, bringing with it a host of new priorities and opportunities for law firms. The Digital Conveyancing Summit is an event designed to delve deeper into the impact of technology, helping firms understand the changes related to regulation and compliance, and how they can leverage digital processes to grow their business. Given the speed of change in this space we felt it was really important to bring together these experts for this not-to-be-missed event.” “Law firms must take a digital-first approach to conveyancing nowadays. Technology is a huge advantage for improving competitiveness, from strengthening compliance measures to boosting productivity, digitalisation is at the centre of advancements in the industry. I’m looking forward to discussing the impact technology has on staff and businesses in the conveyancing sector alongside other digital conveyancing thought leaders,” says Richard Wollacott, Partner, Knights Plc. EVENT DETAILS: The Digital Conveyancing Summit Wednesday 28th September 2022 8.30am to 5pm To register your place, book your free ticket here:

COMMITTEE UPDATE: THE BLS EQUALITY DIVERSITY AND INCLUSION COMMITTEE I would like to introduce myself (Catherine Edwards) as the new Chair of the Committee and also introduce our new Vice Chair Suki Chhokar. Some people may recognise my name as having been in and around BLS for a few years. I am a Reader (silly academic title) at Keele University but am a practising Solicitor, supervising students in our Legal Advice Clinics and a longstanding member of the Gender Subcommittee. EDI has been a passion for a number of years as a woman from a from a working class background. I hope that we can build on the work of Karen Bailey to take the committee forward and encourage and share good practice across firms in and around Birmingham. Suki says; I am very excited to be joining EDI committee . I am looking forward to working with my new colleagues in a collaborative way. I have for the past 25 years’ experience dealt with international illness and accident cases. I also deal with uk illness cases at present I am dealing with the Kinder eggs salmonella cases. The EDI committee benefits from some very active subcommittees who have been running fantastic events and initiatives recently. The REACH committee (Chair: Shaid Parveen) ran a successful event at the MAC which raised funds for the President’s charities. The Social Mobility subcommittee (Alice Kinder and Oliver Ward-Jones) ran the first of what we hope will be an annual, social mobility conference. We heard from speakers across a range of firms and also charities who gave key examples of initiatives they have helped to implement and the commercial benefits of doing so. 18

The Gender subcommittee run by Julia Jones has secured funding for every primary school in Birmingham to receive a copy of Judge Brenda and the Supreme Court; Equal to Everything. Members of the committee have distributed them to over 50 schools (out of 260) in the last two weeks. This effort will resume when schools return in September, but we have already had some wonderful conversations with school leaders. All volunteers are welcome. Suki and I cannot claim credit for any of these wonderful initiatives as it was all in hand before we were elected but want to support further work going forward. We are happy to welcome new active members to the committee and hope to update you on a monthly basis about our activities. Any queries do contact me: c.edwards@keele.ac.uk especially if you would like to distribute the Judge Brenda books! birminghamlawsociety.co.uk

NEWS NO-FAULT DIVORCE ONLINE – DON’T GET CAUGHT OUT

the new process and with the advent of online divorce, it may, however, now be easier for key steps to be overlooked.

It has recently been reported that, perhaps unsurprisingly, there was an increase in the volume of divorce applications that have been filed since “no-fault” divorce came into force on 6th April 2022 writes Adam Maguire, Partner, Clarke Willmott Many people will likely have waited for the change in law to take effect rather than issue under the old fault-based provisions and risk getting their divorce off to an unnecessarily difficult start when who was at fault made little to no difference under the old regime in any event, particularly when it came to the things that actually matter on a separation - the arrangements for any children and dealing with the financial aspects of the relationship breakdown. There will also be those who were already waiting to proceed under the previously available no-fault provisions which required a separation for two years and the consent of the other party or a separation for five years without consent. Those individuals will have been able to move forward sooner than they may have initially anticipated. The new process does not require consent and save for very limited circumstances, it is no longer possible to contest a divorce. Despite many media reports, the changes have not in fact made divorce “easier”, and there is still no such thing as a “quickie divorce”, with the minimum time frame in which the process can be completed actually being longer under the new law. What it has done is remove unnecessary acrimony from the process at the outset in circumstances where one or both parties wanted to proceed immediately as they would previously have had to attribute blame to do so. Of far greater importance in terms of issues to consider are those matters referenced above, the arrangements for any children and dealing with the financial aspects of the divorce. Under

Parents are expected to exercise their parental responsibility and make decisions that are in the best interests of their children in the first instance, without recourse to the court. Many parents will be able to resolve these matters themselves and, in those circumstances, there may be no need for legal support unless one or both parties want the arrangements to be recorded by way of a parenting agreement. Where parents are unable to agree the arrangements for their children on a separation, it might seem obvious that legal advice will assist. However, this might not seem so obvious where the parties have been able to agree what should happen in respect of their financial arrangements, particularly where the parties have dealt with the divorce proceedings themselves online. Unlike child arrangements where the court does not need to get involved if there is an agreement, the court’s involvement in respect of finances is vital if the parties wish to be held to any terms they have agreed. No agreement reached between the parties as to their financial circumstances is binding on either of them, even if they have fully implemented their agreement and gone their separate ways having obtained what is now known in the divorce proceedings as a final order (previously, the decree absolute). The only way to ensure an agreement is binding and to secure financial protection is to obtain a consent order dealing with the finances. Like the divorce process, this can also be done electronically online without the need to attend at court and a solicitor can prepare the necessary paperwork required. For those who do not take this step, months or even years down the line when financial circumstances may have changed dramatically for both parties, there may be the prospect of a metaphorical “knock at the door” from someone seeking to renege on the agreement and asking for more. Without tying up those loose ends, they would be able to do so, however unfair this may seem. Divorce may not have become “easier” under the new law - but it may have become easier to fall into the trap of leaving yourself exposed financially without proper advice and support.

NOMINATIONS OPEN FOR MEMBERSHIP OF THE BIRMINGHAM LAW SOCIETY COUNCIL The Annual General Meeting of the Society will be held on Wednesday 28th September 2022 at 5.00pm at No5 Barristers' Chambers, Fountain Court, 5 Steelhouse Lane, B4 6DR and you are warmly invited to attend. A formal notice will be sent out nearer to the time. We have always encouraged Birmingham's legal practices to ensure they are represented on Council to help shape the ongoing work of the Society. From September, there will be vacancies on Council and we invite you to put forward a representative from your organisation who you know would be interested in actively contributing to the work of the Society. The initial term is four years and re-election is possible thereafter. We are a representative organisation and therefore aim for our Council to be representative of our membership and our legal community. We welcome nominations from both newer entrants into the profession and more senior colleagues. Members of all backgrounds, levels of experience, practice type and protected characteristics are encouraged to apply. Birmingham Law Society is a progressive organisation that seeks to promote Birmingham and the West Midlands as a centre of legal excellence. We wish to attract members who are prepared to attend Council meetings on a regular basis (there are normally 10 monthly meetings annually) and contribute strategically to the development of the Society. Council members are encouraged to sit on one of the many committees which are integral to the success of the Society and to contribute to drafting responses to key consultation papers affecting our profession. If you have any questions or would like a form, please contact the office by email: events@birminghamlawsociety. co.uk or by phone: 0121 227 8700. The deadline for nominations is the 31 August 2022.

NEWS HOW OURFAMILYWIZARD BENEFITS CO-PARENTS AND CALMS CONFLICT parenting time schedule that reflects the parenting agreement, including exceptions for holidays and special events. And if a co-parent needs to request a change, they can do so through the Trade/Swap tool, rather than through an open-ended message. The Info Bank also helps parents avoid communicating directly. They can store all sorts of information in this highly organised feature, ranging from school reports to medical records to shoe sizes. No need to send a text and wait for a response when they’re out shoe shopping—just check the Info Bank. It’s difficult to create conflict without communicating.

When parents divorce or separate, they must navigate some difficult waters. The OurFamilyWizard® website and mobile app provide supportive tools they can use as they raise their children in separate households. OurFamilyWizard also creates an accurate record of co-parenting communications and activity writes James Evans, Professional Liaison at OurFamilyWizard. Our goal is not only to make coparents’ lives easier, but also to shield their children from conflict, whether by reducing it or simply limiting it to one password-protected app. OurFamilyWizard is routinely ordered by Judiciary across the UK, and it is often recommended by CAFCASS as well as Barristers, Solicitors, Mental Health Professionals, and other practitioners in the family law community. It is an essential co-parenting tool, particularly in medium- to high-conflict cases. Lawyers and other family law professionals can have Practitioner Accounts that allow them to view their clients’ activity in the app. This includes messages, reimbursements, the parenting schedule, and more. They can also download customised reports of any or all of this activity. If necessary, certified records can be requested from OurFamilyWizard. When clients know you could see their activity, they tend to behave 20

more civilly. The possibility of professional oversight helps parents communicate in a business-like manner rather than speaking or writing emotionally. Sometimes, this changes the nature of the entire coparenting relationship. OurFamilyWizard’s proprietary tool, ToneMeter™, also serves this purpose by warning co-parents when they’re writing in an upsetting, aggressive, or humiliating way. This gives them a chance to rewrite and keep their communications positive and productive—which also ingrains new behavioural patterns. The Messaging feature also has a “first viewed” time stamp that clearly shows whether and when a message has been read. This is another common area of antagonism (“I never got your message!”). When the plain, indisputable truth is clearly established, there’s less to quarrel about. Expenses are another common point of contention, but the app simplifies co-parenting financials and shows who owes what for which expenditures. Each expense requires specific information to keep everything clear. If a coparent attaches a receipt to a reimbursement request (optional), it’s very difficult to dispute the expense. The shared Calendar also serves to smooth over points of trouble. In OurFamilyWizard, it’s easy to set a

Co-parents sometimes argue over whether one showed up at the right place at the right time to hand over the children. With the Journal feature, a co-parent can log GPS proof of their presence in a specific location at a noted time. Coparents can also write Journal entries that describe memories or other important happenings. OurFamilyWizard reports are accurate and complete. Sent messages can’t be edited or deleted, nor can past Calendar events or reimbursement requests that have received a response. Based on an unalterable record, OurFamilyWizard reports are highly reliable, and that’s why they’re easily admissible in court. This brings a new element of honesty to the coparenting experience, often calming some aspects of conflict. Even when conflict stubbornly remains, the app helps minimise anxiety for a co-parent who is trying to avoid it. Receiving all coparenting notifications through one app helps prevent a barrage of messages from multiple sources, as does switching to a daily digest and dealing with the app when the coparent feels ready. We are committed to helping coparents parent effectively, despite the presence of conflict. Our other goal is to reduce that conflict wherever possible. OurFamilyWizard has been shortlisted for two different awards for Innovation in Family Law over the past year, and we are providing complimentary training for any professionals who want to know more about the programme. OurFamilyWizard remains at the forefront of co-parenting technology. www.ourfamilywizard.co.uk birminghamlawsociety.co.uk

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REGULATION REPORT

SRA FINING POWERS INCREASE

With all the recent political activity, the announcement on 29 June 2022 that the Government had approved the increase in the SRA’s maximum fining powers from £2000 to £25,000 may have escaped attention writes Jayne Willetts Solicitor Advocate of Jayne Willetts & Co Solicitors Limited.

Heralding the increase, the Lord Chancellor (Dominic Raab) said “We are freeing up the Solicitors Disciplinary Tribunal to focus on the most serious breaches such as those involving Russian sanctions”. Mr Raab’s attempt to link Russian sanctions to the daily workload of the Tribunal displays a lack of understanding of the regulation of the profession. Sanctions cases would be the exception not the rule. The Tribunal is well equipped to deal with such cases as it presently exists 22

The current system is that the SRA has a maximum fining power of £2000 for traditional law firms and solicitors. For alternative business structures the levels set by the Legal Services Act 2007 are £250m for an ABS firm and £50m for individuals owning or working within them. The SRA has been longing to increase its fining powers. It tried in 2012 and again in 2014 but was rebuffed on both occasions.

London Law Society; the national Law Society; the SDT and other bodies responded objecting to the increase in fining powers. The SRA appears to have ignored these well-informed responses from the profession and its representative bodies. Instead, it relied, heavily, upon a response from OPBAS (the Office for Professional Body AML Supervision part of the Financial Conduct Authority). OPAS supported the proposed increase from an AML perspective, notwithstanding that AML breaches are a tiny minority of the cases which will be affected by the increase. More concerningly, the SRA relied upon responses to surveys from members of the public who for obvious reasons were not asked to comment upon the consultation paper but were asked a series of carefully crafted questions, designed some may say to elicit support for the changes.

The SRA issued a consultation paper in November 2021 to which Birmingham Law Society; the City of

In support of the increase, the SRA stated that the advantages were a swifter turnaround of cases and fewer

without any well-meaning assistance from our politicians.

This decision represents a sad day for the profession. Enabling the SRA to act as investigator, prosecutor and judge in its own cause with the power to impose crippling fines on High Street firms is in no-one’s interests let alone the public.

birminghamlawsociety.co.uk

NEWS the quasi-judicial adjudication process will be undertaken by employees of the SRA. The SRA will be acting as investigator, prosecutor, judge and jury in its own interest in imposing these more significant fines. One of the most important principles of natural justice is that no-one is judge in his own cause (Nemo judex in causa sua) or no person can judge a case in which they have an interest. This is a principle which appears to have been overlooked. On the other hand, the fining powers of the SDT are unlimited. Often the first time that a case is considered by a legally qualified person is when it is considered by the SDT. The Tribunal is independent of the SRA. It is an expert Tribunal and its decisions can in the main be relied upon to be fair and proportionate. The SDT is trusted because it includes practising solicitors who are independent of the SRA and have knowledge of the profession, but there are costs implications. A respondent not only has to meet their own costs but also those of the SRA even if the allegations are found not proved.

cases being referred to the Solicitors Disciplinary Tribunal (“SDT”). It was said that it took an average of 2.5 years from receipt of a complaint in the SRA to the date of the SDT order compared to just over 12 months if the SRA dealt with the case internally. As many will know, the main cause of delay is within the SRA itself, not once the case is referred to the SDT which generally concludes cases within an average of 6 months. Whilst the fining power remained at £2000, the harm that the SRA could inflict was limited but with this massive increase to £25,000 there is concern for the smaller firms, particularly those from minority groups who are disproportionately represented within the SRA disciplinary system. The increased fining powers risk being disproportionate to the average incomes of most individuals in the profession which Law Society figures reveal are £43,000 in the North of England and £46,000 in the Midlands & Wales. Many cannot afford to source expert advice and submit

to the will of the SRA whether the allegations are soundly based or not. The current system is that when a complaint is made to the SRA, it is investigated by an SRA Investigation Officer who is a full-time employee of the SRA. That same Investigation Officer prepares a Notice and supporting papers recommending a sanction; either a financial penalty and/or a rebuke. The Notice and the evidence with comments from the person or firm under investigation are then submitted to an SRA Adjudicator for a decision. The SRA Adjudicator is also an employee of the SRA – some are full time and some are part time. There was a time when the names and qualifications of the Adjudicators were listed on the SRA website. This is no longer the case. There is therefore a lack of transparency about the process which is unhelpful to the SRA maintaining the trust of the profession. Unless there is a change to the procedure, the investigation and then

What of the future? The SRA buoyed up by this recent success will no doubt be considering new rules and procedures to cope with the increased fining powers. The SDT on the other hand is likely to be considering how it will cope with the surge in appeals against decisions of the SRA. For the profession, the subjective nature of the current Principles and Codes of Conduct needs to be borne in mind. The majority of investigations are brought on the basis of breaches of Principles, not on the basis of the breach of prescriptive rules. Except in the most obvious cases, there are arguments that can be raised against the regulator’s definition of misconduct. Unless the case is determined by the SDT and/or the Administrative Court there is no independent arbiter of what is and what is not misconduct. With so much at stake, it is worth considering specialist advice and in the long-term looking to insurance cover for such eventualities.

@birminghamlawsociety

AWARDS IN CONVERSATION WITH ... THE WINNERS OF THE 2022 BLS AWARDS

We got in touch with winners from this year’s Birmingham Law Society Awards and asked them a few questions about winning their award, their work, their goals and their experiences. The first four of these chats feature below - look out for conversations with more winners in future issues. Is there anyone that you would like to thank who has been instrumental in your success? Claire Darley and Karen Bailey have been a great support over the years and I owe a lot to them. Especially encouraging me to carry on helping victims of domestic abuse when others have discouraged. If you had to make an elevator/ twitter pitch about your day to day role what would it be? Helping families and victims get through the family Law system in one piece and feeling as though they have a support system throughout their journey.

RICHARD PORT MBE SOLICITOR OF THE YEAR

How have you celebrated your win? With family and friends, it hasn’t really sunk in but we just attended the Platinum Jubilee National Service of thanksgiving so it was great to celebrate alongside the Queen.

What has the pandemic taught you? Always plan for the unexpected as you never know what can happen. Never expect the future to be a narrow trajectory, as plans can change, sometimes for the better.

Court. Too many victims are made to feel they are crying wolf or that their awful experiences don’t matter. More needs to be done rather than wishful plans. What one thing do you think lawyers need to do to be better? To listen to every client and make them feel respected and worthy of extensive support, regardless of their background or story. I have to explain to professionals which shocks me that victims of domestic abuse can come from all walks of life. Some lawyers also need to ensure that whatever client they see, top client service should a basic given and not a premium add on.

If you could create one new law, what would it be? I am a vocal advocate for tightening the laws on support victims of domestic abuse get in the Family

TROWERS & HAMLINS LLP

EQUALITY, DIVERSITY & INCLUSION AWARD Answered by Yetunde Dania, Partner Trowers & Hamlins LLP How have you celebrated your win? I took our trophy on a tour of our Birmingham office and it now sit proudly on reception for all to see and enjoy! Is there anyone that you would like to thank who has been instrumental in your success? Rebecca McCormick, Head of PR, who helped with the co-ordination of our submission. If you had to make an elevator/twitter pitch about your day to day role what would it be? I advise social housing sector and private sector landlords and their agents in relation to housing management and residential landlord and tenant non-contentious issues and disputes. My day is spent not only helping my clients achieve their objectives but also my platform to 24

significantly advance the equality, diversity and inclusion agenda in the legal profession and beyond…as well as heading up our Birmingham office! What has the pandemic taught you? To be kinder to each other and to live life to the fullest If you could create one new law what

would it be? For all types of discrimination to be abolished What one thing do you think lawyers need to do to be better? At Trowers we are working hard to improve our diversity and I’d like to see that happening across the legal sector as a whole. birminghamlawsociety.co.uk

AWARDS EARL PINNOCK

BARRISTER OF THE YEAR How have you celebrated your win? Quite a boozy two weeks I’m afraid….or was it two months?! Colleagues and friends have been so generous. The Law Society organised a Winners Dinner at a great restaurant. I’ve thoroughly enjoyed it all! Is there anyone that you would like to thank who has been instrumental in your success? My dad for setting a high level of expectation, my mum for being so gentle, my loving and supportive partner Jayne, my brilliant clerks, my ace colleagues in chambers and all of my loyal…. and extremely patient solicitors If you had to make an elevator/twitter pitch about your day to day role what would it be? Telling my clients that I only look miserable because i really-really-really do understand their case; persuading juries that they can trust me regardless of the wretched evidence I’m presenting to them; begging my clerks to keep me out of court so that the paperwork doesn’t suffocate me. What has the pandemic taught you? Not to take my back garden, family or friends for granted If you could create one new law, what would it be? To compel us all to subscribe to the daily newsletter of historian Heather Cox Richardson - ‘’Letters from an American” What one thing do you think lawyers need to do to be better? Dance

CLEO STEWART

IN HOUSE LAWYER AWARD How have you celebrated your win? My award was recognised at Midland Heart and publicised across social media platforms. We also had the BLS winners award dinner and of course family and friends private celebrations. Is there anyone that you would like to thank who has been instrumental in your success? My legal team has been very supportive along with a wide network of solicitors and mentors that encouraged and motivated me along with family. If you had to make an elevator/ twitter pitch about your day to day role what would it be? Multifaceted and diverse interested legal work where no 2 days are the same. Your colleagues are your clients working with mutual customers for fair socio-economic housing.

What has the pandemic taught you? Being social is a human need because human beings are naturally by nature social beings which significantly affects ones overall wellbeing… keeping in touch with others is more vital than we thought. If you could create one new law what would it be? Freedom of movement ...the world is for everyone What one thing do you think lawyers need to do to be better? . Communicate – legal speaking and jargons whilst highfaluting and flowery is not a sign of intelligence absolute nonsense and is “otiose” if it makes no sense to the client.

E V SA ATE: D S E D R H T WAThe ICC

L A2023 @ for A h dia arc LEtG me l hM a i 9

@birminghamlawsociety

s oc k s pdate c e u Ch

NEWS DATA INSIGHTS REPORT: PLANNING APPLICATIONS

Meanwhile, new build developments could well pave the way for widespread progress in new policies for establishing electric car charging ports. This might seem, on the face of it, a small point but collectively, ease of access to electric charging points as a given would make a huge difference in easing the transition from fossil fuel based to electric transport options.” Piers Edgell, Landmark’s Client Director (Landmark Geodata) closes with a powerful argument for how planning data and the levelling up agenda are inextricably linked:

The last few tumultuous years for the UK housing market have highlighted one stark truth: housing supply is not meeting demand. Indeed, housing is one of the core pillars of the government’s levelling up agenda, underscoring the need to radically rethink the way new housing is planned and developed. Central to meeting this need will be the planning process itself.

As well as pinpointing the regions with the highest and lowest application volumes, the report draws on data that reveals:

It is the view of many that the current UK planning process is flawed, often cumbersome and a source of frustration for stakeholders across the entire spectrum, from developers to communities. Digitisation will undoubtedly play its part in transforming this process; the wealth of technologies now available (such as interactive geospatial technology, virtual simulations, and, of course, data) to inform and shape planning offer real opportunities for change. With this in mind, the halfway point of 2022 felt like a good time to step back and take a look at the data on planning applications over the past ten years.

• Approval rates in flood zones

In our newly released Data Insights Report: Planning Applications, we revisited the wealth of environmental, land and property data that we gather, manage and supply to the property industry on a daily basis, and analysed relevant datasets to provide a summary of planning trends between 2012 and 2021. Overall, we saw that, year on year, the rate of planning applications in the UK is increasing. In fact, in every region except for London - the number of planning applications submitted per 100,000 people was at its highest in 2021, since 2012.

• Planning application types • Granted/refusal rates • Approval rates for renewable energy projects

• Essential amenities per approved planning application The report also features expert commentary from Landmark’s Chris Loaring, Managing Director (Landmark Legal), who shares his observations on planning trends beyond ‘the Covid effect’ and highlights the growing implications of the journey to net zero in future planning policy. “We know that the built environment has a huge role to play in the wider net zero ambition and that newbuild development is a major factor within that. Equally, we will watch with interest to see how the data evolves in regard to planning applications relating to existing housing stock and the retrofit options and upgrades many homeowners are now choosing to undertake. In the near future, I would hope to see a continuation - or even acceleration - of environmental considerations in new build planning policies. Concepts such as renewable energy installations on housing developments of a certain size, for example, would be great to see.

“We have seen much debate and anticipation around the original Planning Bill, and now the Levelling Up and Regeneration Bill which supersedes it. In terms of the new proposed bill, it will be interesting to see how its content evolves during its passage through parliament, and precisely which elements are ultimately given final Royal Assent. What is notable to me, when we consider the planning data in this report through the levelling up lens, is that planning is about so much more than simply where developments will or will not be built. Every planning decision impacts the immediate environment, and so planning data could and should become a critical tool for informing and shaping social policies that aim to improve – or level up – communities. What, for example, could the kinds of planning data shown in this report tell us, when mapped against data on increasing property values or household incomes? What could the data we have summarised on amenities within the vicinity of planning applications tell us about location-specific standards of living and local needs? From a big picture point of view, we might even wonder how this kind of data might correlate with health and wellbeing indices, mortality, employment and income figures. My hunch is that it would underscore that planning has the potential to alter communities and change lifechances, more broadly than its immediate impact on the built environment.” You can access this insightful, timely and data-rich report here.

birminghamlawsociety.co.uk

At a glance planning due diligence

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NEWS

CRIMINAL LAW COMMITTEE UPDATE: BARRISTER LEGAL AID STRIKES July 2015 was implemented but later suspended by the government. Even more damaging reforms proposed since then have been successfully resisted as a result of action by the professions.

A deeper analysis of these issues can be found in my Committee’s evidence to the Justice Select Committee, during their enquiry into the sustainability of legal aid in 2020. In summary, both solicitors and barristers practising criminal law face an existential threat as a result of the significant underfunding of criminal legal aid, with very few new entrants into the profession and many barristers and firms exiting the market. In December 2018, Sir Christopher Bellamy was appointed by the then Lord Chancellor to lead an independent review of criminal legal aid (CLAIR). His final report was published in November 2021. Its central recommendation was that funding for criminal legal aid should be increased, as soon as possible and as a bare minimum, to an annual level of 15% above present levels.

Those of us who follow the news cannot have failed to notice reports of the industrial action by barristers practising in the criminal courts. Action has been steadily escalating since June, and, at the time of writing, those participating have just begun their first full week of refusing to undertake legally aided defence work. The Criminal Bar Association says that if a deal is not agreed with the government, criminal barristers will stage further five-day walkouts every other week until its demands are met writes chair of the Birmingham Law Society Criminal Committee, Matt O’Brien. This will no doubt have an effect upon the courts’ ability to clear the significant backlog of around 58,000 cases currently awaiting trial in the criminal courts. The CBA say that the action is necessary to ensure that there is a sustainable and diverse profession able to serve the criminal courts in the future. Solicitors undertaking legally aided criminal cases are in a different position to barristers, as they are unable to refuse to work under the terms of the criminal legal aid contract. Their choice is much 28

starker – either to do the work on terms imposed by the government, or to refuse to undertake such work at all. Nevertheless, many solicitors will be carefully considering whether to sign up to new criminal legal aid contracts, set to commence by the end of the year. In order to understand how this situation has come to be, it is necessary to take a brief look at the recent history of criminal legal aid funding, and the current government’s reform proposals that have triggered the action by the CBA. Time-based fees paid to solicitors and barristers were almost entirely replaced in the 1990s and early 2000s by a scheme of fixed fees. These fixed fees were originally based on the notional average times spent on different cases, based on rates set (and not increased since) the 1980s. Rather than increase over time, along with the hourly rates in other areas of work, these fixed fees have instead been cut by successive governments, both in absolute and real terms. For example, in 2014, the government implemented an 8.75% cut of all solicitors’ fees, despite independent research that showed that the market was too fragile to sustain such a cut. A further cut of 8.75% in

This central recommendation was welcomed by my Committee, and indeed by most practitioners and representative bodies, reflecting as it did our serious concerns about the sustainability of the criminal legal aid market, and the profound constitutional impact of the failure of that market. We anxiously awaited the government’s response to the independent review, which came nearly four months later, on 15th March. The response took the form of an extensive consultation document, which set out the various proposals both for fee increases and wider reform of the market. The BLS Criminal Law Committee, in responding to that consultation, observed that the government’s response fell significantly short of addressing Sir Christopher’s central recommendation. Rather than a 15% increase in legal aid funding, the government’s own impact assessment predicted an average 9% increase in the fee income received by criminal legal aid solicitors by 2024. So, not immediate, and not 15%. It was self-evident that such a modest increase in fee income would not enable private providers to offer salaries that would compete with those being offered by the Crown Prosecution Service. Nor could firms compete with the terms offered by practices in other areas of the law. birminghamlawsociety.co.uk

NEWS The additional concern is that the rates offered will not be sufficient to enable firms in this sector to bring about the extensive change required to improve efficiency in the criminal justice system. In addition to falling short of the minimum amount recommended by Sir Christopher, the Government’s response did not reflect the urgency with which the funding increase is required. My Committee also made representations that the proposed increase in fees will only apply to new legal aid orders, not to existing ones. Given that practitioners are only paid at the conclusion of a case, this mean that solicitors and barristers will not benefit from the increased fees in many new cases until 2024 or beyond, when those cases can be listed for trial by the Crown Court. Practitioners are doubly affected by delays in listing, in turn exacerbated by the pandemic and the government’s delay in applying the proposed uplift in fees. A further major concern expressed by my Committee, and other professional bodies, is that the 15% minimum increase recommended by Sir Christopher could not have taken into account the extraordinarily high current rate of inflation – around 11% at the time of writing. It is quite possible that the bare minimum increase of 15% now falls short of what is required. We are living through a crucial period for the future of criminal legal aid. The government’s actions in the coming months will determine whether there is a viable market for criminal legal aid services in the future. The importance of those services is far more significant than simply securing representation for those accused of crime: it extends to the functioning of our criminal justice system as a whole, to safeguarding victims and witnesses, and ultimately to protecting the society in which we live. The issue does not affect those in the defence community alone. Many members of BLS who are colleagues at the Crown Prosecution Service have raised their concern about the impact of insufficient funding as on the future viability of a robust defence community. It is in the joint interest of players in the criminal justice system to ensure that defendants are properly represented.

SOCIAL MOBILITY: KEEPING THE DOOR OPEN

On 28 June, Birmingham Law Society hosted its inaugural social mobility conference in partnership with Squire Patton Boggs writes Alice Kinder. The aim of the conference was to have an open and honest discussion about the reality of socio-economic diversity within our legal community and to consider how we can collectively work together to move forward in a productive way. An individual’s socio-economic background can have a significant impact on their ability to access and succeed in a legal career. A recent report from the Bridge Group showed that students from lower socioeconomic backgrounds are less likely to be accepted at 80% of the top 20 selective law schools. It also showed that the legal profession is far behind its counterparts in socio-economic diversity. The research concluded that 62% of staff in the legal profession come from a higher socio-economic background, compared to 48% of accountants, 41% of engineers and 33% of the workforce generally. For those from lower socio-economic backgrounds who do not have pre-existing connections or mentors, entering the legal profession can be difficult and the issues do not stop when someone gets into university or secures their first job. There may be jargon or etiquette that someone who does not have a professional network or has not encountered an office environment may not understand and without proper explanation and guidance, this could very easily hold them back. Research from the Social Mobility Commission has shown that where they enter a professional role, those from the poorest backgrounds earn in the region of 17% less than their colleagues from more privileged backgrounds. In Birmingham, a city filled with cultural diversity and positive change, this is concerning.

In the current economic climate, law firms are under more pressure to demonstrate positive values than ever before. In order to thrive, they will need to become more innovative and creative which they can only do with diversity of thought. Improving social mobility will not only help talented individuals to progress and access the opportunities they need to move forward, but it will also ensure that the success and development of our society is not restricted by its socioeconomic profile. However, the social mobility agenda is very young. Whilst we have seen a lot of progress in recent years, social mobility is not yet consistently at the forefront of diversity and inclusion strategies and this needs to change. At Birmingham Law Society, we want to support our members to consider what we can all do differently to make a positive impact. We have an active Social Mobility Sub-Committee which aims to organise events and disseminate guidance to ensure individuals from all backgrounds have access to the resources and advice to make an informed decision about a career in law and progress their aspirations. The recent conference brought together individuals from all areas of the Birmingham legal community alongside some fantastic charities to share their ideas and experiences. The key now is that the conversation continues. In order to open the door for aspiring legal professionals, we must keep our own doors open to honest reflections. If you are interested to learn more about social mobility initiatives within Birmingham Law Society and would like to become involved or collaborate with us, then please get in touch with Alice Kinder.

LIVING

SPECIAL FEATURE

THE COBBLER HAS NO SHOES: A PROVERB FOR FINANCIAL PLANNING

A financial planner will use this tool to help you determine financial goals and manage tax liabilities. It will provide a detailed illustration of assets, investments, debts, income, and expenditure which is projected forward year by year, using assumed rates of growth, income, inflation, and interest rates. Cashflow modelling will enable you to plan ahead and make the most of your financial capabilities, whilst regular reviews will ensure any situational changes, that could impact the assumptions made in the initial illustration, are accounted for.

An ancient proverb once said that an old cobbler was so busy making shoes for others that he never had the time to repair his own, so went around barefoot. But what has this got to do with financial planning asks Anthony Richards, Chartered Financial Planner. Fast forward to modern times and although such footwear woes have been consigned to the annals of ancient history, inadvertent neglect of your financial affairs remains all too common. It is an unfortunate reality of modern working life that in meeting the needs of our clients, ever-increasing demands are placed upon us, meaning time is rarely set aside to consider our own personal finances. It is very easy to fall into the trap of “I’ll get around to it when time permits”, but each day of delay comes at a cost, whether that be financial or the inability to meet future aspirations. We highly recommend discussing your financial affairs as early as possible with a financial planner. Whether you are a newly promoted partner or approaching retirement, the sooner advice is sought, the better placed you will be to plan the future you desire. Balancing priorities A common theme amongst young professionals is an imbalance. Demands on income tend to be greatest at this stage in life: mortgages, children, educational costs, and holidays all eat away at net income, and it can

be difficult to commit funds to longerterm plans as this may mean forgoing something important today. A financial planner will try to establish a balance between short, medium, and long-term goals, crucially including ‘disaster-mitigation’. Although it is imperative to establish pensions to taxeffectively defer some remuneration into retirement, and fund ISAs for school-fees and other capital calls, don’t ignore the ‘What Ifs’. The importance of protection It may be a difficult subject to consider, especially in the early stages of your career, but guarding against ill health to provide financial protection for you and your family should the unthinkable happen is vital. We therefore advise clients to safeguard against illness by considering insurance and ensuring they are financially protected. This approach can help maintain a desired standard of living and provide an income when it is most desperately needed. The often-overlooked upside of insurance cover whilst ‘young’ is that policies are dramatically cheaper and comprehensive cover can be relatively inexpensive. Putting these basics in place, whilst giving you peace of mind, will also enable you to look to the future and consider allocating excess capital to meet longer-term savings goals. Cashflow modelling An important tool when planning your financial future is cashflow modelling.

Retirement planning in your later career Irrespective of whether you have followed a strict financial plan to accumulate retirement savings, by the time you reach your later career the key consideration is ensuring that this capital can meet your retirement needs. This could be relaxing and enjoying more free time with your family, or even gradually winding down work commitments giving you more time to indulge in a favourite pastime. A financial planner will discuss your investment options including Lifetime Allowances, Inheritability, Tax Allowances and Reliefs, and factor these into your plan. They will also consider how best to access capital from ISAs, pensions, or general investment accounts. Cashflow modelling is important at this stage too and can help demonstrate that your pension is working as hard for you in retirement as you did whilst funding it. Regularly reviewing your cashflow model will then ensure it factors in any changes in your lifestyle or income requirements. Our approach For over 20 years, Punter Southall Wealth have provided financial planning advice to partners of legal and other professional firms throughout all stages of their career. Our bespoke, personal approach entails getting to know and understand each firm’s structure and partnership career progression. This enables our clients to build a financial plan, allowing them to focus on both the present and future lifestyle in retirement. For further details on how we can help you manage your wealth with confidence please contact us on 020 3327 5340 or email business.owners@ puntersouthallwealth.com

The value of investments and the income from them can fall as well as rise. An investor may not get back the amount of money that they invest. Past performance is not a guide to future performance. We do not provide legal or tax advice. Please consult any appointed advisers on the possible tax, legal and other consequences of you holding any of the investments contained in this article. Unless indicated otherwise, comment and opinion in this article is based on HMRC’s tax regulations for 2022/23 tax year and tax treatment depends on the individual’s circumstances and may be subject to change in the future. Punter Southall Wealth is a trading name of Punter Southall Wealth Limited, which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No. 5374633. FCA Registration No. 478840. Registered office: 88 Wood Street, London EC2V 7QR. A Canaccord Genuity Company.

LIVING WHY IT’S STILL URGENT TO HELP THOSE FLEEING FROM THE UKRAINE

Over the last few months, my work has taken a back seat as my husband and I focused on filling our rental property with donations, building a real house of love. Simply through Facebook, the donations flooded in- from beds to biscuits we brought in everything a family would need materially right down to the all-important Ukranian buckwheat and slippers! Visas were applied for and came within a week, the government and our local council have been incredible, and I am so, so proud of our country. On the 2nd of May, Zina and Vlad left their home with their 3 children and all the belongings they could fit in the boot of their SUV and drove for 3 days across Europe to safety, waiting 5 hours at the border to Slovakia away from the fear of sirens but also away from loved ones and family. Finally they turned into the street that would become their home, adorned with yellow and blue flags and ribbons in the tree and our family waiting to greet them of course! Taking them into their new home was the most wonderful thing I have ever experienced. They were in awe of all that had been done for them. Tablets and Wifi from Pink Connect, a car full of fruit, meats and vegetables from Birmingham Wholesale Markets. The most impressive of all for them was the photos of loved ones we had placed around their home as a surprise -courtesy again of of good old Facebook.

In March this year a pale, thin woman I had never seen before stared at me on Facetime, a little girl at her side clutching a barbie doll. Her name was Zina and she lived in Western Ukraine with her family and was seeking refuge. As many of you know, I specialise in coaching people forward through personal setback, but never did I imagine I would be supporting a family in a war torn country writes Rebecca Mander of GuruYou.

In our crazy world of hectic hours and material comforts, I have seen first-hand what happens when a family lose everything. One of the items Zina brought to the UK with her was an old yellowed book of folk songs and traditions to keep the memory of her country’s culture alive for her family. The setback they, and many Ukranians are facing is unbelievable and the fear not simply of bombs and sirens but also, the unknown dangers lurking in their community that they have left behind. Zina was incredibly brave and shared her story at the Woman Who Awards this month raising over £2000.00 for Ukranian families in the process! Today, the two boys are happy at school and Elizabeta is eagerly awaiting her place at Primary School in September. If you would like to know more about this fabulous family and how you can help, click here.

OPINION

SPECIAL FEATURE

PROTECT YOUR LAW FIRM: TIPS, TRICKS AND TRAPS IN LEGAL CASHIERING Quill’s ultimate guide to legal cashiering

When we talk about protecting our law firms, it’s usually from external threats – fraud, copyright, theft, the list goes on. However, when it comes to legal cashiering specifically, often the real enemy comes from within, with internal financial complacency representing the real Achilles heel in your business. The legal industry is built upon trust. You wouldn’t hand over your money to someone you don’t believe to be absolutely reliable, and legal cashiering is no different. That’s why it’s your duty to get to grips with all the tips, tricks and traps that will ensure you’re always on the right side of the law, and never let your law firm’s reputation take a hit. Why is legal cashiering so important?

Discover the importance of getting your legal cashiering right

The key thing to remember is that legal cashiering is a specialised discipline, and as such must not be overlooked. The process of legal cashiering ensures that law firms are managed with legal standards in mind from top to bottom, and prevents firms from finding themselves on the wrong side of the law due to avoidable negligence. Many firms don’t understand how important it is to get this right, and that’s down to some common industry myths which need to be understood for exactly what they are – myths. Busting the myths of legal cashiering

Learn more: www.quill.co.uk/ resources/the-ultimate-guideto-legal-cashiering

Quill recently ran a well-attended, and well-received, webinar hosted by The Law Society and in association with the ILFM covering all aspects of legal cashiering which you can view at your leisure here. Some of the key takeaways around why legal cashiering is so important within law firms are covered in this article. 32

Myth 1: Legal cashiering is the same as any other bookkeeping. Anyone can do it! If you believe this, then you’ll always fall short of the mark. Legal cashiering is a complex and meticulous process requiring specialised, expert knowledge to perform properly. You wouldn’t hand over any other department to someone with only limited experience, so why would your cashiering be any different? Don’t let someone who doesn’t have the full range of qualifications handle your legal cashiering, or you’ll encounter inevitable (and avoidable) problems down the line. Myth 2: Getting it wrong can’t be that bad, can it? Small mistakes can have big consequences. What might seem like some minor administrative bother that can be swept under the rug could lead to some pretty major impacts to you and your law firm. And when hefty fines come your way, can you afford to take the hit? Even with money aside, how will your reputation of trust ever recover after being investigated for financial misconduct? An HMRC investigation might feel like a case of ‘this only happens to other people’, but that

feeling will quickly dissolve when you get a knock at the door. How bad can things get? It’s important to understand what the risks of insufficient legal cashiering are to fully understand why you need to do it properly. So here are some of the main consequences of getting things wrong. Incorrect records If your record keeping isn’t up to scratch, then not only can this lead to legal implications, it will also cause internal disorganisation throughout your business, resulting in endless logistical headaches. Investigations If you miss a few deadlines or your numbers aren’t adding up, then people will soon notice. This can lead to HMRC and other similar bodies opening an investigation into your firm which, as you can imagine, is the start of a very slippery slope. Fines The SRA recently announced that they are increasing fines from £2,000 to £25,000 for firms that don’t reach the expected level of professional standards. Do you want to be one of them? Loss of trust Fines can be paid and investigations can be passed, but rebuilding trust following either of those things is a much harder task. In such a trust-based industry, the last thing you need is for your law firm’s reputation to be stained forever over insufficient bookkeeping. Theft Lose control of your records, and you lose control of your money. Unfortunately, this leaves you open to theft from clients and employees alike. Tight and efficient legal cashiering ensures everything is logged and accounted for, protecting both you and your clients. Closure The ultimate fear of any law firm is closure, and rightly so. Whilst this is often the last resort, closure can happen, and all it takes is a gradually snowballing administrative problem in your finances. The quickest way to get shut down is trying to do your own legal cashiering. Still considering it? Think again. Quill’s ‘Protect your law firm: Tips, tricks and traps in legal cashiering’ is adapted from its ‘The ultimate guide to legal cashiering’ e-book. Get your copy here.

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Birmingham Law Society Bulletin August / September 2022

Articles inside

CRIMINAL LAW COMMITTEE UPDATE: BARRISTER LEGAL AID STRIKES

NOMINATIONS OPEN FOR MEMBERSHIP OF THE BIRMINGHAM LAW SOCIETY COUNCIL

NO-FAULT DIVORCE ONLINE – DON’T GET CAUGHT OUT

COMMITTEE UPDATE: THE BLS EQUALITY DIVERSITY AND INCLUSION COMMITTEE

INFOTRACK ANNOUNCE FIRST DIGITAL CONVEYANCING EVENT FOR LAW FIRMS

NEWSLEAP APPOINTS GARETH WALKER AS UK CEO

BIRMINGHAM SOLICITORS CALLED ON TO HELP COMBAT ONGOING CRISES

SHOOSMITHS COLLEAGUES RAISE FUNDS IN FOOTBALLER’S LEGACY

MFG SOLICITORS ANNOUNCES TEN PARTNER AND ASSOCIATE PROMOTIONS

RACE TO THE COMMONWEALTH & BEYOND CONFERENCE AND DINNER

MEMBER’S EVENTS

THE ALTERNATIVE LAW SOCIETY DINNER

NEWS SOCIAL MOBILITY: KEEPING THE DOOR OPEN

HOW OURFAMILYWIZARD BENEFITS CO-PARENTS AND CALMS CONFLICT

In conversation with ... The winners of the 2022 BLS awards.

Regulation Report: SRA Fining Powers

WHY THE COLLEGE OF LEGAL PRACTICE WAS PROUD TO SPONSOR BIRMINGHAM LAW SOCIETY’S ALTERNATIVE DINNER FOR JUNIOR LAWYERS

President’s Address

DATA INSIGHTS REPORT: PLANNING APPLICATIONS