BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
BIRMINGHAM:
the city of choice in the jurisdiction of choice
10
Reasons to use document management software
the key interior trends for 2020
sharing in the common wealth getting to grips with
anti-money laundering compliance
FEBRUARY 2020
ONE PROFESSION... ONE REGION... ONE VOICE
THIS ISSUE
ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email jon@fu-media.co.uk or kevin@fu-media.co.uk Editorial enquiries to info@fu-media.co.uk and editorial@birminghamlawsociety.co.uk
CHRISTMAS CHOIR On Wednesday 18th December, our fabulous BLS Choir raised the roof of the Royal Birmingham Conservatoire!
Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2020.
CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2019 - April 2020 President – Linden Thomas – University of Birmingham Vice President – Inez Brown – Harrison Clark Rickerbys Deputy Vice President – Stephanie Perraton Squire Patton Boggs Hon. Secretaries – Chaitali Desai – Eversheds Sutherland & Sophie Samani – Henderson & Jones The Board 2019/2020 Chair: Regan Peggs Director: Karen Bailey Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: PJ Ellis Vice Chair: Professor Bernardette Griffin Finance Director: Ben Henry Director: Dee Kundi Director: Tony McDaid Ex Officio: Linden Thomas Ex Officio: James Turner Contact c/o Birmingham Law Society
The audience joined in to sing a variety of Christmas and pop classics ranging from Carol of the Bells to Bohemian Rhapsody! Drinks and mince pies were enjoyed by all for what was an exciting and festive-filled night. Many thanks to our sponsors: Expert Investigations, Gateley, No5 Chambers, Clarke Willmott and the University of Law for making it all possible.
INSIDE THIS ISSUE 4.
President's Letter. Birmingham: the city of choice in the jurisdiction of choice
6.
News. A round up of what's been happening at the Society and members' news.
14.
Regulation Report. Jayne Willetts on getting to grips with anti-money laundering compliance
16.
Opinion. BLS International Committee: “sharing in the common wealth”
18.
Out of Hours. The key interior trends for 2020.
20.
Out of Hours. Honeymoon Hotspots - direct from Birmingham Airport.
22.
Last Word. 10 Reasons to use document management software
www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER
BIRMINGHAM: THE CITY OF CHOICE IN THE JURISDICTION OF CHOICE workforce educated in world leading universities. Furthermore, since the establishment of the Business and Property Court in Birmingham in 2017, international disputes can now be arbitrated and resolved right here in our city. The ease of access to the city centre from Birmingham airport adds to this appeal.
Part of Birmingham Law Society’s role is to fly the flag for this city as a place to bring legal business. Therefore, in this month’s Bulletin, Tony McDaid, Chair of Birmingham Law Society’s International Committee, outlines the work of that committee in promoting Birmingham as an international centre of legal excellence. In his article, Tony also hints at the plans the committee has to harness the excitement and profile of the forthcoming Commonwealth Games for the benefit of the local legal sector. Watch this space for further details! Meanwhile in his article, barrister Alex Haylin, of No5 Chambers, offers an insight into a career spent litigating around the globe and the appeal of returning to work in one of the great commercial centre of the world Elsewhere, we turn to important issues of a more domestic nature, with an article from Jayne Willetts and Matthew Moore offering helpful guidance on how our members can ensure anti-money laundering compliance, which is well worth a read for anyone still getting to grips with the latest requirements.
In December 2019, The Law Society of England and Wales published a report entitled ‘England and Wales: A World Jurisdiction of Choice’. The report outlines the strengths of English and Welsh law, the jurisdiction and the legal profession. These strengths, it argues, include: • the combination of flexibility and stability of English law, resulting from our doctrine of precedent, combined with the ability of the common law to adapt more quickly than statute-based law to new business practices and behaviours; • the high calibre of the British judiciary and its international reputation for independence (which attracted global coverage as a result of 2019’s Supreme Court decision on the prorogation of Parliament); and • the quality of the legal profession, which operates under the long-standing common law right of legal professional privilege.
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Whatever happens as we leave the European Union, these factors, which make this jurisdiction an attractive place to resolve disputes, will remain constant. And if England and Wales is the international jurisdiction of choice, then Birmingham has many grounds on which it can lay claim to being the city of choice within that jurisdiction. According to a 2018 report by the Chamber of Commerce, Birmingham is the only city outside of London where clients can access the full range of business and professional services. Furthermore, there is a skew within the professional services sector towards highly professional and technical roles. We are not a ‘back office’ city, our professional services sector does technically demanding work, delivered by experts. Birmingham’s legal sector boasts more than 900 companies, employing more than 9000 people and offering services at competitive rates. We are home to a host of international law firms with access to a young and talented
Looking ahead, we have a host of interesting and informative events coming up, including Birmingham Law Society’s first ever ‘Hackathon’ on Saturday 14th March, which will see people from different disciplinary backgrounds and from varying stages of their careers, come together for a day to help ‘hack’ solutions to problems faced by this year’s chosen charities, Citizens Advice Birmingham and Central England Law Centre, in delivering their advice services to the people of Birmingham. Also on the horizon are the Society’s 2020 Legal Awards, which will no doubt once again showcase the outstanding legal talent that Birmingham has to offer and give us even more reasons to be proud of the city of choice (in the jurisdiction of choice) that we call home. Linden Birmingham Law Society is proud to work in partnership with our sponsors:
GETTING THE BEST MORTGAGE DEAL FOR YOU
Did you know that your professional status could help when it comes to making a mortgage application? Wesleyan Financial Services fee-free* mortgage advice service for lawyers, provides access to mortgages across the market and specific offers available to legal professionals. We have arranged over £500 million in professional mortgage loans over the last two years. Recent application figures from Wesleyan Financial Services show that the average mortgage advance given to lawyers is 52% higher than the national average when compared to lending figures from the Bank of England.**
To discuss how we can help you or to find out more 0800 980 7390 wesleyan.co.uk/lawyers
Your mortgage is secured on your home. Your home may be repossessed if you do not keep up repayments on your mortgage. Financial Advice: Retirement Planning • Investing • Funding • Insurance Follow us for regular updates on social media
@wesleyan
facebook.com/ wesleyanAS
linkedin.com/ company/wesleyan
* Wesleyan is paid by the lender upon completion ** Wesleyan financial services internal data Aug 2019 compared with Bank of England UK Mortgage stats for Jan-Dec 2018 www.bankofengland.co.uk/statistics/tables Advice is provided by Wesleyan Financial Services Ltd. ‘WESLEYAN’ is a trading name of the Wesleyan Group of companies. Wesleyan Financial Services Ltd (Registered in England and Wales No. 1651212) is authorised and regulated by the Financial Conduct Authority and is wholly owned by Wesleyan Assurance Society. Wesleyan Assurance Society is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Incorporated in England and Wales by Private Act of Parliament (No. ZC145). Registered Office: Colmore Circus, Birmingham B4 6AR. Telephone: 0345 351 2352. Fax: 0121 200 2971. Telephone calls may be recorded for monitoring and training purposes. LAW-AD-16 01/20
NEWS
LAWCARE AND ACADEMICS LAUNCH ‘FIT FOR LAW’ TO COMBAT STRESS IN THE LEGAL PROFESSION said: “We know from our work in supporting lawyers for over 20 years how difficult it is for lawyers to admit they are struggling with the pressures of work - which often leads them to seek help when they are nearing crisis. We want to change this. Providing legal professionals with resources to enable them to understand and develop key emotional competencies such as emotional self-awareness, self-reflection and better strategies for emotional self-regulation will equip them more effectively for practice, enhance their wellbeing and potentially reduce levels of stress, anxiety and depression.”
Legal mental health and wellbeing charity LawCare and academics at the University of Sheffield and The Open University have launched a new free online resource on emotional competency and professional resilience for the legal community. The interactive resource, called Fit for Law, is part of an on-going project to promote psychologically and emotionally
healthier ways of working within law and was developed based on evidence from focus groups with legal professionals across the UK and Ireland. The course takes 2-4 hours in total to complete but is broken down into smaller sections, and includes videos from legal professionals discussing wellbeing issues as well as a range of interactive activities. Elizabeth Rimmer, CEO of LawCare,
Dr Emma Jones, Senior Lecturer in Law at the University of Sheffield said: “The course being launched focuses on ‘Managing and Understanding Yourself’ and offers legal professionals practical tips, based on sound evidence, to assist them in developing healthier working practices to enhance their wellbeing. We are also developing a further course on ‘Working with Others’ and a tool kit for employers, to encourage positive organisational and cultural change in the legal workplace.” The resources are available to everyone studying law or working in the legal profession in the UK and Ireland and could be used as CPD in some jurisdictions. For more information visit www.fitforlaw.org.uk
FLINT BISHOP ENTERS BIRMINGHAM LEGAL MARKET Following its most successful year to date, Derby-based law firm Flint Bishop, which employs 187 lawyers and support staff, opened its new Birmingham office on the 15 January. This comes after a period of expansion across the full-service law firm with the new office to offer a broad range of commercial services.
Last year, Flint Bishop posted a record turnover of £14.4 m, up nearly 10% on the previous year with profits also rising over the same period. With a substantial number of new recruits, including two partners in the insurance litigation and employment teams over the last 12 months, the firm has received a lot of interest from lawyers working within Birmingham to join the new office. The new West Midlands operation will be based in the heart of the city’s business district at Grosvenor House on Bennetts Hill, just off Temple
Row and Colmore Row. Flint Bishop will have an immediate presence of lawyers working in insurance litigation, commercial litigation and debt recovery followed by further teams in other practice areas. Insurance litigation is the firm’s largest practice area for headcount and revenue, which has significantly grown over the past three years. The team represents clients across government agencies, insurers and companies handling claims such as motor claims, fraud, credit hire, large loss, catastrophic loss and recoveries. The firm has already attracted candidates from BLM, DAC Beachcroft, Keoghs, Browne Jacobson and DWF. With 36 staff, this makes it one of the largest defendant litigation teams across the region and it is also continuing to expand the portfolio of high quality, complex cases it undertakes. Flint Bishop’s chief executive
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Qamer Ghafoor said: “This is a very exciting time for us and the move into Birmingham reflects a period of sustained and significant growth for the firm. The new Birmingham office represents a huge investment for Flint Bishop and forms part of a wider strategy to meet the requirements of our national client base, raise our profile and attract more legal talent from the city. It provides an opportunity for lawyers to work within a gold standard Investors in People accredited law firm where staff are really valued, recognised and rewarded, whilst maintaining the quality of clients and legal work associated with the Birmingham market.”
Flint Bishop is recognised as one of the UK’s premier national firms for commercial litigation and debt recovery representing leading brands such as Royal Mail, Autoglass, Sixt, Costcutter and the Food Standards Agency. Ranked in the ‘Top Tier’ for The Legal 500 for both debt recovery and commercial litigation, the firm has also won all three major national debt recovery awards. “Litigation and recoveries are major growth areas for us - over the past 12 months, we’ve handled almost 50,000 cases at the combined value over £100m. Our Birmingham operation will give us greater scope to build on this strength,” added Qamer.
OPPORTUNITIES IN BIRMINGHAM Flint Bishop is a multi-award-winning, UK Top 200 law firm with some of the most talented legal experts in the Midlands.
We are recruiting individuals for the following roles: • Insurance litigation •
Solicitor
Following our most successful year to date, we are recruiting for
•
Paralegal
individuals to join our Insurance Litigation, Debt Recovery and
•
Recoveries paralegal
Commercial Property teams based at our new Birmingham office in the
•
Recoveries supervisor
heart of the city’s business district on Bennetts Hill. The roles will involve working with well-known national and international brands such as Royal Mail, National Trust, Henry Boot, Haven Insurance and global publishing giant, LexisNexis (part of the RELX Group).
• Debt recovery • Debt recovery manager • Paralegal • Commercial property • Partner • Associate We pride ourselves on the calibre
For more information and to apply, visit flintbishop.co.uk/careers/ or email Holly Dixon at holly.dixon@flintbishop.co.uk
of our employees across the firm and offer attractive packages for candidates of all ranges.
DERBY | BIRMINGHAM | ASHBOURNE
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NEWS
SUPPORTING ACORNS CHILDREN’S HOSPICE In January 2019 Kang & Co Solicitors chose Acorns Children’s Hospice as their 2019 charity partner with a goal to raise funds and awareness for the children’s hospices based in the Midlands which provides essential specialist palliative care services to babies, children, young people and their families across the region. Kang & Co Solicitors has worked tirelessly to promote the charity throughout 2019 and has raised a total of £1,500 in donations for the charity. Amy Deakin, Partnership Fundraising Manager for New Business & Projects said “We’re extremely grateful for supporters like Kang & Co Solicitors as they help fund our ongoing work providing vital care to children with life limiting and life-threatening conditions. By setting up a Just Giving page linked to Acorns Children’s Hospice, they were able to share this with their clients, suppliers and contacts when encouraging them to support the great cause, and as a result, have achieved the marvellous grand total of £1,500 this year. What a great way to give back to your local children’s hospice at Christmas! Thank you to all those individuals and businesses involved, and especially Kang & Co for enabling this support!” Acorns provides babies, children and young people aged 0 – 18 years who have life limiting or life-threatening conditions and associated complex needs with a network of specialist palliative nursing care and support. Manjinder Kang, Director of Kang & Co Solicitors said “It’s been a pleasure supporting Acorns throughout 2019. The support and assistance provided to children and their families is crucial, and I am glad that we were able to help by raising donations via our JustGiving page”.
UPCOMING BIRMINGHAM LAW SOCIETY EVENTS GETTING TO GRIPS WITH ACCOUNTING AND VALUATIONS: FOUR SESSIONS -28/01/2020 08:00 29/04/2020 08:00 @ Mazars LLP, 45 Church Street B3 2RT BLS, BTSS & BSG LEGAL EAGLES QUIZ 4 February @ Bank Restaurant, Brindley Place B1 2JB SOLICITORS ACCOUNTS RULES 25 March 2020 @ Clarke Willmott, 138 Edmund St, Birmingham B3 2ES ADVOCACY TRAINING 26 MARCH 2020 @ No5 Chambers, Fountain Court Steelhouse Lane B4 6DR LEGAL AWARDS 2020 27 MARCH 2020 18:45 - 01:00 @ The ICC, Broad Street B1 2EA AGM 28 April 2020 @ No5 Chambers, Fountain Court, Steelhouse Ln, Birmingham B4 6DR BLS GOLF DAY 7 MAY 2020 @ Marriott Forest of Arden Golf Course , Warks, CV7 7HR
BOOK YOUR PLACE AT: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk 8 www.birminghamlawsociety.co.uk
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NEWS
BIRMINGHAM MEDICO-LEGAL SOCIETY The Birmingham Medico-Legal Society aims to promote medico-legal knowledge and develop contacts and co-operation between the professions of medicine and law. Since 1987, the council members of the Society have organised an annual programme of lectures and social events for legal and medical professionals, and more recently students. This season, the society would like to welcome the newly elected members to council; Rebecca Lawrence (President), Madhu Rai (Vice-President), Tim Muscroft (Immediate Past-President), Kate Campbell-Gunn (Treasurer), Johnathan Hurlow (Honorary Secretary), Arran Kaur, Tony Feltbower and Jenny Tetlow (Council Members). Rebecca Lawrence comments “With a fantastic mix of medico-legal topics, this year’s programme is extremely exciting and we look forward to welcoming new members!” The society are also arranging a mock trial event jointly with the BMI Psychiatry Division in May. Members can claim CPD points by attending the educational events. An outline of the remaining events in the 2019/2020 program is as follows:
24 Feb 2020 Lecture: Chronic Pain from a Legal Perspective, Miss Fiona Ashworth – Barrister with chronic pain specialism, Kings Chambers 30 Mar 2020 Lecture: The Effect of Medico-legal Reports on Therapy and the Therapeutic Relationship, Ms Debra Gordon – Psychological Therapist, Freedom from Torture
May 2020 Mock Trial: BMLS and BMI Psychiatry Division Joint Symposium Further details about the events, the society and membership can be found at www.bmlsinfo.org/ or by contacting Zoe Reece, BMLS Secretariat secretariat@bmlsinfo.org
24 Apr 2020 Annual Dinner: Black-tie Social Event with after dinner speaker at Edgbaston Golf Club, Dr Frank Farnham – Consultant Forensic Psychiatrist
MAKING TAX DIGITAL IS FORCING FIRMS TO REVIEW THEIR OUTDATED LEGAL IT SYSTEMS A firm is advised to look at the whole of market and not just take the word of its existing supplier. Firms invited by their supplier to upgrade are advised to; 1. Understand the time needed to plan for a new system : The average time from an old system to new is 3-6 months - doing nothing is not an option. 2. What’s really on offer from the existing supplier? Ask for a proposal of what the supplier’s deal is. What are the costs, is any ‘special offer’ time limited and what if you choose not to take up the offer?
Year one of Making Tax Digital (MTD) for VAT (the soft landing period) ends this April. Firms may be using bridging software, provided by their IT supplier, to meet electronic VAT filing requirements. Soft landing was only ever a temporary measure. It does not deal with other elements of MTD like digital record keeping writes Tim Smith, Technical Director at Insight Legal.
3. Discuss within the firm your needs from any new IT software Don’t assume your existing supplier knows what’s best. There’s no point paying for great functionality that won’t be used. 4. Which developers offer a migration path from your existing system? Find out about other suppliers with a good track record of migrating from your current system to theirs. With years of historical data, live matters and finance records, it’s inconceivable to re-enter data manually in exchange for successful migration.
Entering year 2 after April, firms can face a financial penalty if HMRC considers a practice has not been making enough of an effort to comply with MTD.
5. How can I believe what a software company tells me? Look for third party indicators, like awards or accreditations to support claims about the quality of product and service?
What does this mean for law firms?
Finally, if you’re unsure about the questions or fearful of understanding the responses, seek advice from a legal IT expert.
Firms operating the oldest systems are most likely at risk of a penalty and may now consider their next steps. Software developers are investing in their current platforms, making them MTD-compliant. A developer would like to migrate all its legacy customers to its current platform, but is that the right decision for a firm? There may be a gap of many years between IT systems from the same supplier and no commonality between them. 10 www.birminghamlawsociety.co.uk
To discuss this topic further or the services Insight Legal can offer, please give them a call on 01252 518939, email them at info@insightlegal.co.uk or visit their website; www.insightlegal.co.uk
RISE IN LAWYERS SEEKING HELP OVER BULLYING
HIGGS & SONS RAISES £22,250 West Midlands law firm Higgs & Sons raised £22,250 for good causes in 2019 with half of the funds going to Higgs’ Charity of the Year and the remainder split between 11 good causes. Charity of the Year 2019 WINGS, Wombourne Special Needs Support Group, was founded by a small group of parents of children with special needs and was presented with a cheque for £11,250.
The number of legal professionals contacting the charity LawCare for emotional support continues to rise year on year, with 677 people seeking help in 2019.
Simon Lilley of WINGS said: “We can’t thank Higgs & Sons enough for choosing us as their Charity of the Year. WINGS provides a much loved and valued service and this very generous financial support will make a significant difference to our work in the community.”
The charity, which runs a helpline, webchat, email and peer support service for the legal profession received over 900 contacts in 2019 and saw an 8% rise in the number of people seeking help compared to 2018. The most common problems cited were stress (26%) and depression (12%). The number of lawyers contacting the charity about bullying continues to increase, from 47 callers in 2018 to 80 last year – now accounting for 12% of all contacts. 66% of those who contacted LawCare about this issue said they were being bullied by a manager or superior. The majority of callers to the helpline were women (67%). 53% of all callers were trainees/pupils, or had been qualified less than five years, and a further 5% were law students. For support call the helpline on 0800 279 6888 in the UK and 1800 991 801 in Ireland, or for more information visit www.lawcare.org.uk or www.lawcare.ie
After announcing the fundraising total, Tim Jones, Partner and Head of the Corporate Social Responsibility programme at Higgs, unveiled the firm’s Charity of the Year 2020 as the Teenage Cancer Trust. He said: “We have thoroughly enjoyed working with WINGS and getting to know more about the invaluable work they do. As a relatively small organisation I am consistently astounded at how much we are able to raise for our chosen charities. I am looking forward to carrying on that tradition with our new charity, Teenage Cancer Trust, who do such incredible work with teenagers and young people not only here in the Black Country but throughout the UK.” Louise Walker, Relationship Manager for West Midlands and Oxfordshire at Teenage Cancer Trust said: “We’re delighted to have been chosen by Higgs & Sons as their 2020 Charity of the Year. It’s an exciting time to be involved with Teenage Cancer Trust as we celebrate our 30th birthday and look forward to supporting Higgs with a fun-filled calendar of charity fundraising. With their help we can improve the experience, survival and recovery of young people with cancer in the Black Country and beyond.”
itor in England
Dear every solic SBA The Solicitors’ Charity is led by the profession, for the profession. Last year, it awarded over £1m in financial support to solicitors in England and wales. The charity needs you and your firm’s help to continue to support all solicitors in times of need or crisis. You can help by becoming a volunteer, making donations or offering your residual client balances. Head to www.sba.org.uk/yourcharity or call the team on 020 8675 6440.
Solicitors Benevolent Association Limited, Registered Office: 1 Jaggard Way, London SW12 8SG A charitable company limited by guarantee, registered in England & Wales number: 6601907 Registered Charity number: 1124512
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OPINION
FROM HURRICANES TO HIGHGATE Manhattan and the City of London just with more palm trees and iguanas.
Clients would range from Insolvency Practitioners chasing money down for creditors, New York hedge funds to Russian Oligarchs who had fallen out with their business partners. The Financial services court in Cayman and Commercial Court in BVI were very similar to the English high court whether in Birmingham or London (often with the same judges) and some of the best lawyers in the UK and elsewhere were often involved in the cases that not infrequently ran into the billions of $. So why come back? I am now back at the English Bar again ten years after I left it. Ultimately there is only so many boats you can go on and dark and stormy’s you can drink. Despite some of the toxicity about Brexit it has got people engaged again to think about the good and bad of our country with a much overdue refocus on the Midlands and North. The fact is despite nine years and five countries I will always be British and there are many wonderful things about this country; and I missed it. As for losing the tax-free salary well no one enjoys paying taxes, but it is the price for living in a civilised and caring society. As a commercial barrister at No5 Barristers’ Chambers I am plugged into one of the great commercial centres of the world with English I left the UK at the end of 2010. No one had heard of Brexit or Ed Sheeran common law as the number one choice for international and even Game of Thrones was still in development. I had been offered a two-year contract in the Turks and Caicos where the draw of Caribbean commercial disputes. Brexit is not going to change weather and a tax-free salary beckoned. The Isle of Man did not quite the fact the English High have the same draw. I returned in 2019 as a commercial barrister at No5 Court whether sitting in Barristers’ Chambers working out of Birmingham and London writes Birmingham or London has No5 Barrister Alex Heylin. some of the best judges in the world both learned in the My four years in TCI ranged I then went to study in the work being very law and incorruptible. from representing several New York for a Masters international and with a in corporate law and I still lot of zeros. Highlights government ministers with my From these locations I can included rolling up a $300 prosecutor being Rob Rinder feel part New Yorker. Then offer my experience and before he transformed into I moved between Cayman million Ponzi scheme for the expertise on disputes from Judge Rinder. TCI was my and the British Virgin victims as well, as acting for all over the world to be first experience of offshore Islands (interrupted by the late Prince (of musical determined in our courts, not Megxit fame). financial centres and like all hurricane Irma) and back which are much in demand. again working for a New first loves still has a special place in my heart and made York law firm. There a lot of myths about So, the future remains me a huge beach snob after the offshore world but the bright. the incomparable Gracebay As a litigator the offshore reality of Cayman was world is fascinating with that it was very similar to Beach. 12 www.birminghamlawsociety.co.uk
MOVING ON UP
A LAWYERS' GUIDE TO MORTGAGES BY SARAH DEACON AT WESLEYAN, A SPECIALIST FINANCIAL SERVICES MUTUAL FOR LAWYERS. Many in the legal sector aren’t aware that their professional status can be an advantage when it comes to making mortgage or remortgage applications. Recent application figures from Wesleyan Financial Services show that the average mortgage advance given to lawyers is 52% higher than the national average* when compared to lending figures from the Bank of England. We've outlined three key tips to help you stay ahead of the game. LOOK ATTRACTIVE ON PAPER When assessing your suitability for a mortgage, lenders don't just look at your monthly income. They also have a duty to assess whether you can afford to keep up with the re-payments after your monthly outgoings are taken into account. If you’re a newly qualified lawyer, you may have debts to repay such as student loans which will also be considered. Producing a household budget detailing your monthly income and expenditure can help to build a strong mortgage application and demonstrate to lenders that you’re making a realistic application. Clearing any outstanding debt such as credit card bills can also support the process and give potential lenders the opportunity to lend you that bit more towards your dream home.
Many lawyers believe the gravitas of a career as a professional will outweigh their credit score. In fact, your credit score can often take you by surprise if, for example you’ve shared an address or postcode with someone with a poor credit history or remain linked to a previous partner with whom you made a joint credit application. In some cases, you may be able to amend inaccuracies on your credit file; however it’s important to check your credit score before you put pen to paper. There are many credit services available, at no or low cost. UNDERSTAND WHAT’S ON OFFER To help consumers make the right choice for them, all UK lenders must display the overall cost per comparison percentage, also known as Annual Percentage Rate of Charge (APRC), alongside the interest rate. The APRC is quoted as a percentage of the interest payable on the total amount of credit. It takes account of all fees that may be payable including the interest rate at the start of the mortgage and after the rate period has ended, any application or product fees as well as redemption fees. When looking at the APRC you should bear in mind that the calculation assumes you will stick with same product and provider for the duration of the mortgage, which can be up to 40 years in today’s market. To find out more information on how to find the right mortgage for you visit: www.wesleyan.co.uk/mortgages/personalmortgages
HAVE CONFIDENCE IN YOUR CREDIT SCORE
Your mortgage is secured on your home. Your home may be repossessed if you do not keep up repayments on your mortgage.
It’s better to identify any unexpected results in your credit score before you make a mortgage application rather than try to rectify them during the process.
*Wesleyan financial services internal data Aug 2019 compared with Bank of England UK Mortgage stats for Jan-Dec 2018 www.bankofengland.co.uk/statistics/tables
www.birminghamlawsociety.co.uk 13
REGULATION REPORT GETTING TO GRIPS WITH ANTI-MONEY LAUNDERING COMPLIANCE
WRITTEN BY JAYNE WILLETTS, SOLICITOR ADVOCATE, JAYNE WILLETTS & CO SOLICITORS.
It is a fair bet that the main headache for most firms so far this year has been fulfilling the SRA’s demands for compliance with the anti-money laundering regime, and the revised Money Laundering Regulations in particular. The chances are that your firm was asked shortly before Christmas to certify to the regulator before the end of January that you had conducted what it would regard as a valid risk assessment. There was then the little matter of ensuring that you had addressed the revised, and highly technical for the most part, regulatory requirements imposed by the Fifth EU AML Directive which took effect on 10 January through the Money Laundering and Terrorist Financing (Amendment) Regulations 2019. Nor is it likely that this will be the end of the SRA’s heightened interest in this particular aspect of its responsibilities. Why were we asked to certify that we have undertaken a valid risk assessment? The SRA is one of the 22 approved legal and accountancy supervisory bodies listed in Schedule 1 of the Money Laundering Regulations 2017 (“MLR 2017”). As such it is accountable to HM Treasury for ensuring that the controls that it imposes on solicitors’ practices are effective in ensuring that solicitors in private practice are compliant with the regulations. In pursuance of its 14 www.birminghamlawsociety.co.uk
responsibilities, the SRA conducted two surveys in 2019. First, in an exercise conducted with 59 firms that were registered as trust and company service providers, it concluded that 26 of them were non-compliant in some way and a failure to have conducted a risk assessment, as required by r.18 MLR 2017, was at least one of their omissions. This led to a larger review of 400 firms and the conclusion was again of concern to the SRA in that 40 of the firms submitted documents that did not constitute a risk assessment at all and a further 43 provided risk assessments that did not address all of the requirements. There then followed the recent SRA mailing to 7,000 firms which probably involved your firm.
risk assessments, starting with the EU Commission, and then a national risk assessment by each of the member states. The UK Government issued its first such risk assessment in 2015 and has since updated this with the current version having been in place since October 2017. At the next level below that, there is then a requirement for each supervisory body (such as the SRA) to issue its sectoral risk assessment. All organisations subject to its jurisdiction have then to produce their own risk assessments under r.18. When doing so firms are required to consider their supervisory body’s risk assessment and they must retain a copy of what they produce for inspection if required by that supervisor.
So, what is required for a valid AML risk assessment?
It is also important to bear in mind that although not formally stated as such in the regulations there is then a further level of risk assessment required at matter level. Every time a new matter is commenced consideration should be given to the risk profile of that set of instructions. Experience shows that this a systemic weakness of too many firms’ AML controls, in that the all-important customer due diligence (CDD) process is seen to be little more than checking that there is a copy passport or photo driving licence on file, along with some form of official document proving the client’s address details. The CDD requirements provide that not only must there be independent evidence of the client’s identity but that the lawyer must also understand the “purpose and intended nature” of the matter. Looked at another way, there are two risks posed by the new client: first that they may not be who they claim to be, and secondly, that what they are asking the firm to do is suspicious and quite possibly illegal.
The issues which must all be addressed by a firm for it to count as a valid process under r.18 of the MLR 2017 are the following, all of which need to be considered in the light of the size and nature of the firm in question: (i) its customers; (ii) the countries or geographic areas in which it operates; (iii) its products or services; (iv) its transactions; and (v) its delivery channels (i.e. how it provides its services to its clients) How should we conduct or update our risk assessment? There are again some specific requirements, but by way of background the risk assessment required of a law firm forms part of a hierarchy of linked
Obtaining copy documents should address the first of these risks but not the second, and nor will asking for additional documentary evidence of who the client is allay any concerns about the nature of the instructions received. The risk assessment process will also need to address any internal data – from the MLRO’s records, file reviews and the like, and an analysis of the breakdown of work types and the risk weighting of the different departments. You should then be ready to go. Bear in mind, however, that the risk assessment is not an end in itself. The purpose of the exercise is then to dictate what will be suitable controls within that firm and in due course it will be necessary to show how the risk assessment shaped the firm’s policy. What do we need to know about the Fifth EU Directive in force from 10 January 2020? For the most part the Fifth Directive, and so the Amendment Regulations, extend the risk principle which runs through the MLR 2017. When forming a business relationship with a company or other such entity, it is now necessary to understand its ownership and control structure. This has long been regarded as best practice in any event and is one of the areas where most firms may well be compliant already.
There is also a duty to inform the Companies House Registrar of any discrepancies that emerge in relation to “information relating to the beneficial ownership” of the client – and therefore the persons with significant control (“PSC”) register. Any such anomalies should be apparent when they arise as firms are already obliged not to rely on the PSC register alone when seeking to establish issues of beneficial ownership under r.28(9). The other area where there are developments of note is in relation to enhanced due diligence (EDD). There is an apparently minor but potentially significant change of wording here in that, whereas the MLR 2017 required EDD where a transaction was “complex and unusually large”, this is now changed to “complex or unusually large”. Quite what is required to trigger this requirement must inevitably be judged on a firm by firm basis, rather than on some form of objective basis for the profession as a whole: what amounts to a complex or unusually large transaction for a small commercial department operating in a general high street firm will of course be very different to how it will seem for Slaughter and May. In similar vein, the same need for EDD will arise where is now an unusual pattern of transactions or transactions where there is no apparent purpose (formerly both elements were required rather than either one of them).
The most effective way to address this Unsurprisingly, the issue of beneficial interests changed requirement will be to assess what receives more attention. A revised r.30(A) the partners view as being the standard level provides that, before forming a business of transaction for their different work types and relationship with a company or limited liability so what should be regarded as being complex partnership, a firm will have to obtain proof of or unusually large for their firm through being registration from Companies House. in excess of the norm. This assessment should 190x136mm Making Tax Digital Ad 14/01/2020 16:45 Page 1 then be added to its overall risk assessment
exercise to which the SRA continues to attach so much importance. Also, in relation to EDD, there is also more emphasis on dealings with what are regarded as high risk territories, of which there are 16 at present. A revised r.33(3A) also now specifies in greater detail than before what is expected when EDD is required. It has been thought, by the way, that the use of e-verification services would become mandatory under the latest changes but for the time being, at least, there is merely an encouragement to use them instead. Finally, on this issue, the Government will now be required to produce a list of functions that will count as having politically exposed persons (“PEP”) status, which will be helpful. The intention is that there should eventually be one composite list of the roles amounting to PEP status throughout the EU. Whether the UK will be a signatory to that eventual list, and whether it will adopt the future AML directives that are already waiting in the wings, will probably be the main political story that we all follow with interest (or otherwise) as 2020 progresses. In conjunction with Matthew Moore Director of Infolegal Ltd. For further guidance on this topic, including a range of precedent and training materials, see www.infolegal.co.uk
Jayne is also a director of Infolegal Ltd www. infolegal.co.uk which provides compliance services to law firms
OPINION
BLS INTERNATIONAL COMMITTEE: “SHARING IN THE COMMON WEALTH” in conjunction with the DTi, to numerous worldwide events where the Birmingham Law Society has been promoted to prospective clients. The main focus of the International committee in the last 12 months has shifted to the once in a lifetime opportunity that the Commonwealth Games presents to Birmingham in 2022. Our committee has been plotting a path as to how we as a legal community can share in the benefits the games will bring to our city. We are fortunate that in Mandy Haque International Business Hub Development Director, we have the support of the Birmingham Chamber of Commerce and its members in making the most of the opportunities that will present themselves in the lead up to the Games and thereafter. John Hughes of Shakespeare Martineau and I have met with Brigid Watson, the Secretary General of the Commonwealth Lawyers Association initially with a view to bringing the Association's well established conference to the city syncing with the Games. We received a warm and enthusiastic welcome but had been pipped to the post by The Bahamas 2021 which we were assured had nothing to do with the marked difference in respective climates!
Whether you were a leaver or remainer I am sure like me you will be relieved that at least we now have a decision as to the direction of travel if not the detail Tony McDaid, CEO and Director of Clerking at No5 Chambers and Chair of Birmingham Law Society’s International Committee.’ In the previous year much of the focus for the International Committee was based on would we or wouldn’t we be leaving and hypothesising as to what it would mean for us all. That debate is ongoing and following on from the earlier lively debates on the topic where we hosted politicians, academics, lawyers and 16 www.birminghamlawsociety.co.uk
European specialists we plan to hold more events with BLS members and the wider business community once we have the outline of the future deal. The redrawn map will undoubtedly present some obstacles but also opportunities with both lawyers and businesses generally looking to forge closer relationships with not just Club Europe but on a Global basis and the UK with its links with Commonwealth countries in particular could be on the verge of a new dawn. Some will quite rightly say the opportunities with the Commonwealth have always been there but they are brought into sharper focus as a result of the decision to leave the European Union. The BLS International Committee has, over recent years, been engaged with delegations visiting our City from the Americas, India and China to name a few. In addition members of BLS have supported events, sometimes
Undeterred we pushed on and have an agreement with Brigid that we will put on a BLS International event immediately leading up to the games. That agreement in principal led to John and I meeting with Caroline McGrory who is Chief Legal Officer at Birmingham 2022 Commonwealth Games. Like Brigid before her, Caroline gave us a warm welcome and she too is enthusiastic about the opportunities that the Games can bring to the city. We are holding ongoing discussions with Caroline, and of course Games legal advisors Gowling WLG, over the coming months to ensure that the spotlight is not on the Games alone but that other aspects and professional services we offer from Birmingham are also given an opportunity to shine. The BLS International Committee is small in number and as such we are always on the lookout for new members who feel they can bring something to the table and help us promote our great city and the lawyers within it. Whilst we view the Commonwealth Games as a great opportunity for everyone to share in the opportunities and rewards it can bring, we do not see the end of the games as being a cut-off point and one of our key objectives is to have a legacy after the games that gives those visiting our city a positive and long lasting impression of the city as a colourful, warm and diverse city quite unlike any other with the legal community and BLS at the very heart of it.
2020 Legal Awards
BOOK NOW! Don’t miss out on your chance to attend the biggest and best event in the West Midlands legal calendar.
Tickets for the Birmingham Law Society Legal Awards 2020 are on sale now. The Awards, now in their 19th consecutive year, will shine the spotlight on the firms, teams and individuals who have excelled over the past 12 months.
Guests will enjoy a pre-dinner drinks reception from 6:45pm, followed by a four-course meal called at 7:30pm. Members - Tables for 10 persons cost £1,000 + VAT and individual tickets - £100 + VAT Non-Members - Tables for 10 persons cost £1,200 + VAT and individual tickets - £120 + VAT The quickest and easiest way to to reserve your ticket(s) or table(s) is to book online at birminghamlawsociety. co.uk or email: awards@birminghamlawsociety.co.uk
OUT OF HOURS
FOUR NEW TRENDS FOR 2020
It’s time to say goodbye to grey and follow a little mid century styling with popping pastel paints and colourways being the top tip for 2020 style. Here are four key colours that ooze style.
NEO MINT
A fresh tone that lends a cool futuristic feel; fit for the new decade ahead say the interior experts at Essential Home. Minty greens when used as an accent or contrast to neutrals such as taupe, can pop– for a really fresh look pair with white or maybe blue to echo the sea. Alpaca Throw - Mint Green, Annabel James, £149.95
Bloomingville Cotton Rug 120X60cm £39 Amara
Conway Plastic Bar Stool, Sage Green £59
Skyler Metal Desk Lamp, Green £29
Impressions Side Plate £7 John Lewis
Scandi Clock, Newgate, £65
Broste Copenhagen Wind 3 Seater Sofa Chinois Green £1,695 Harvard Storage Cabinet £399 John Lewis
A paler, more subdued version of the youthful oranges that have made such turbulence recently, with a feel-good quality that is perfect for high summer 2020.
Bronte Wingback Armchair, Velvet Upholstered, Burnt Orange £249 Cult Furniture
CANTALOUPE
Perci Cushion Orange 45X45cm £25 Habitat
Normann Copenhagen £110 Nest Day Birger Et Mikkelsen Cushions £63 & £36 Amara
18 www.birminghamlawsociety.co.uk
Image from Essential Home
MELLOW YELLOW With clear roots within mid-century design, it’s impossible not to feel nostalgic for sun soaked summer days with these muted yellows and mild mustards. Add an upbeat, playful tone to your colour palette. ‘Peace’ Candle Hand £34.95 audenza
Wyatt 12-Pc Dinnerware Set £60 Habitat
Lizzie Yellow Desk Lamp £25 Habitat Theo Floor Lamp, £89.99 V By Very
Love Frankie Cole & Son, £40, Kissed By Betty
k bu Ka
Newgate Alarm Clock £22
, on
hi us iC 5,
9.9
£3 Re d y nd Ca
Anderson Armchair, £399 by Cult Furniture
Diamantini & Domeniconi Wall Clock - Yellow £190 Amara.
Toni Embossed Vase, £18, Habitat
Tota Lantern - Rose & Black £51 Amara
Velvet Palm Tree Cushion Cover -£46 Amara
Cushion Cover With Fringing £39.95 Audenza
Image from Essential Home
Image from Essential Home
Normann Copenhagen Lust Mirror £97 Amara
Lamp Base £200 Laura Ashley.
Stool from Essential Home
Verso Vase,
Villeroy & Bo
ch, £79.90
Missoni Home Timmy Throw £282 Amara
Kiss The Froggy Chair £199 Cuckooland
Soho Home Chesterfield Sofa Lilac Linen £3,995 Spherical Glass Candlestick Holder £22 Amara
CASSIS Naturally grading from crushed blackcurrant to rich aubergine, the deep purplish tones of the elegantly understated Cassis draws inspiration from nature in shades that are sophisticated, colorful and rich. www.birminghamlawsociety.co.uk 19
OUT OF HOURS
HONEYMOON HO A honeymoon is the opportunity for a holiday of a lifetime, with the person you’ve decided to spend forever with. It’s the time to relax, unwind and settle into married bliss after the stress of wedding planning. Whether you fancy a fortnight on a Caribbean island or a week exploring a European city, these top honeymoon destinations will guarantee you have a fabulously romantic time. Read on to plan a honeymoon to remember. from the terrace of your luxurious accommodation or cool off in the plunge pool. A magical atmosphere exists by night as guests gather around the fire pit, observing the wildlife at the nearby watering hole before dining in the traditional thatched restaurant. Easily reached from The Gambia, Fathala Wildlife Reserve makes for that extra special experience you’re both looking for.
THE GAMBIA EXPERIENCE The Gambia is the perfect choice for a honeymoon with numerous romantic hideaways for you to choose from, including adult-only properties, boutique hotels, hidden-away river lodges, wildlife experiences and spa hotels for that extra-special treat.
fascinating wildlife at the Fathala Wildlife Reserve. This incredible experience allows you to combine a safari experience with a wide range of other excursion options, making the most of its unique location close to the waterways of the Sine Saloum Delta, rich with birdlife.
Get up, close and personal with
Enjoy the sights and sounds of Africa
20 www.birminghamlawsociety.co.uk
MONTEGO BAY, JAMAICA White sand beaches, turquoise water gently lapping the shore, palm trees swaying in the breeze – enjoy all this with the love of your life in Jamaica. Add friendly locals, tasty food and a rum punch or two, and you’ve got a top honeymoon destination. Explore one of the many stunning waterfalls on the island, sail a boat out to a bar in the middle of the ocean, or float down the river in the middle of the Jamaican jungle on a bamboo raft. Take a jerk chicken cooking class, go cliff jumping, or relax on a catamaran, as you watch the sunset into the horizon.
BARBADOS Well known for its spectacular beaches, laid back lifestyle and potent rum punch, Barbados has mastered the art of fine living. Relaxation comes easily on this little island, so pack your bags with swimwear, sun cream and a good book and escape to the Caribbean for a perfect honeymoon.
OTSPOTS Montego Bay, or Mo-Bay as the locals call it, is one of the most popular and colourful resort areas on the island. It is also where you will fly into and is the gateway to other destinations on the island.
The West Coast of Barbados attracts royals and the world’s leading sports stars to its upscale resorts such as Sandy Lane. The South Coast is ideal for all-inclusive holidays where water sport lovers can enjoy the premium wind and kite surfing conditions. Barbados is so small you can tour the whole island in a day. Couples seeking to explore should head to the Barbados Museum to learn the history of the island. Those who would prefer a history of rum, can take a tour of Mount Gay distillery with plenty of tastings along the way. With its flawless coastline spanning 70 miles, Barbados is the perfect playground to discover marine life. So, ping on a snorkel and dive straight in!
PARIS, FRANCE We couldn’t write a list of honeymoon destinations without including the city of love itself. Paris is a dream come true for honeymooners. The food, the wine, the art and architecture, the charming hotels, the lazy afternoons people watching at cafés, even the elegant sound of the French language – these are all among the city’s seductions. There are many things to do for honeymooners in Paris. Wander down the River Seine at dusk, visit the remains of the Gothic Notre Dame Cathedral and get a romantic snap at the world-famous Eiffel Tower. Take a day trip to the magical champagne region and another to Versailles. French cuisine is some of the most exquisite in the world, so enjoy lots of it with accompanying French wine. This is your honeymoon, so you also have to tie a ribbon (locks are discouraged now) on the Pont des Art bridge, which symbolizes your committed love to one another.
GETTING THERE Fly direct from Birmingham Airport to these destinations with a variety of airlines. These destinations are perfect for that holiday of a lifetime with someone special.
www.birminghamlawsociety.co.uk 21
LAST WORD
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BY JULIAN BRYAN, MANAGING DIRECTOR, QUILL Digitisation is the process of moving from “paper” to ”data”. Businesses of all types, law firms included, are embarking upon projects to introduce electronic working and achieve their paperless office goals for a whole multitude of reasons. The primary vehicle for doing so is document management software (DMS).
managing and growing your business.
Take Quill’s Interactive Documents as an example of DMS software that’s been designed specifically for the legal profession. A key component of Quill’s Interactive Cloud suite, the system comprises case management and legal accounting functionality on top of document management capabilities. That means it delivers an expansive range of benefits to clients who are effectively able to implement one fully integrated, easy-to-use application to manage their entire business whilst at the same time eliminating paper-based processes.
3. Save money Not only can you generate more revenue, you can save money too thereby boosting your bank balance even higher into the black. With DMS, reduce your overheads by paying an affordable monthly subscription for a cloud-based set up which is £tensof-thousands less than in-house servers, bulky storage cabinets and associated office space, and off-site archiving solutions.
In this latest instalment of helpful tips from Quill, here are ten good reasons to choose DMS in your practice… 1. Improve efficiencies The main driver is usually wanting to work smarter and be more productive. After all, the less time you spend creating, storing, sharing and searching for documents, including sending and recovering archived files, the more time you spend earning fees. Or performing any other task pertinent to
22 www.birminghamlawsociety.co.uk
2. Expand profits Following on nicely from #1, any DMS worth its salt allows time recording capture when producing, sending, uploading and receiving documents and correspondence. By doing so, claim back all monies due and maximise your earning potential.
4. Increase mobility By logging in via the internet, access your documents (and contacts, matters and finances!) from any place, at any time, on any device. Your staff instantly become more mobile and you establish closer links between multiple sites. 5. Collaborate better Share documents internally with a central store of everything filed according to live and complete matters. Circulate documents to third parties by utilising convert-to-PDF and zip-and-attach features. 6. Enhance accuracy Introduce business automation by setting up popular document templates, automatically populating with database content, and assigning tasks and diary notes with relevant documents for yourself and others. That way, avoid data input errors and never miss important case actions.
10. Enjoy automatic software updates Another huge advantage of a virtual environment is the ability for software enhancements to be automatically implemented without any intervention on your part. Be confident that you’re always running the latest software release, avoiding any disruption, downtime or upgrade charges. It goes without saying that these benefits are satisfied by Interactive Documents. Quill’s DMS add-ins are the bridge that interfaces between Word and Outlook on the one hand with Interactive Cloud on the other. To put this into perspective, once an email has been initiated from a case, all subsequent emails in the conversation are automatically saved to Interactive and time is recorded without any further user intervention. Similarly, document templates can be mapped to standard and custom fields from Interactive by embedding Quill’s unique itags within the firm’s templates and precedents. And when it comes to sending documents to clients, users have the choice of using a native document format or finalising the format through conversion to PDF. As if these ten reasons aren’t incentive enough, where Quill’s concerned, there’s an additional reason… experience true one-stop-shop support. You see, with Quill, as well as getting one application to cater for all your practice management requirements, outsourced services are readily available too. Select from cashiering, payroll and typing assistance for a complete back office infrastructure with one convenient point of contact for your every business need. To find out more on Quill’s Interactive Documents software, please visit www.quill.co.uk/documents, email info@quill.co.uk or call 0161 236 2910. Julian Bryan joined Quill as Managing Director in 2012 and was also the Chair of the Legal Software Suppliers Association from 2016-2019. Quill has been a leading provider of legal accounting and case management software, and the UK’s largest supplier of outsourced legal cashiering services to the legal profession for over 40 years.
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