BULLETIN
THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY
FEB / MARCH 2023
BLS LEGAL AWARDS
This year’s shortlist has been announced - are you on the list? P8.
FOUR BUSINESS HABITS REGULATION REPORT: Legal Ombudsman –changes to scheme rules. P18.
ARMY LEGAL SERVICESWhat’s Legal Life Like In The Forces? P22
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CONTENTS
4. President’s Address.
6. Upcoming and Past Events.
8. 2023 Legal Awards Shortlist Announced
12. Members’ News.
16. Jobs Board
18. Regulation Report: Legal Ombudsman –changes to scheme rules.
20. Focus: The Equality Diversity And Inclusion Committee
22. Army Legal Services- What’s Legal Life Like In The Forces?
26. How Property Lawyers Can Act Now On Climate Change
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Tel: 0121 227 8700
Birmingham Law Society, Suite 101, Cheltenham House
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Twitter: @bhamlawsociety Insta: @birminghamlawinsta
Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk
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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 2022. BULLETIN THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY FEB / MARCH 2023 BLS LEGAL AWARDS This year’s shortlist has you on the list? P8. FOUR BUSINESS HABITS Legal Ombudsman –changes to scheme ARMY LEGAL SERVICESWhat’s Legal Life Like In Birmingham Pub Bombings Memorial
At the point of writing, I have completed the first quarter of my Presidential term which has flown by at a pace.
Thankfully the Law Society dinner season that occupied my first six weeks in office did not lead to human combustion and I was able to represent the society at a wide range of events thereafter.
Our Newly Qualified event on 24th November welcomed in 37 new solicitors and barristers who we hope will remain within our city for the duration of their careers.
I have recently met at their request, Beth Quinn and her colleagues from TLS. They are keen to explore the possibility of adapting our current Ceremonial procedures for NQs to include others in our region who may otherwise have to travel to Chancery Lane. I will report back once we have more detail but in principle it seems like a good idea.
21st November marked the 48th Anniversary of the Birmingham Pub Bombings with a permanently lit enhancement to the memorial trees that were erected on the Plaza outside New Street Station. The memorial was erected for the 21 innocent victims who lost their lives in the atrocity. I attended as BLS President along with Maurice Malone of Birmingham Irish Association and members of the West Midlands Irish Business Group including former BLS President Eileen Schofield and Caroline Brogan, clinical negligence specialist at Irwin Mitchell. 21st November will be a date our city will never forget and the same can be said of the victims, including those who sustained injuries and the families who are still waiting for justice.
I attended the West Midlands Annual Justice Service at Coventry Cathedral at the invitation of the High Sheriff, coming across some familiar faces but also meeting new contacts for BLS, some of whom have expressed an interest in participating in our South Asian Heritage month which will be taking place in July / August of this year.
I also had the honour of meeting our new Chief Constable of West Midlands Police, Craig Guildford, at the British Police Symphony Orchestra annual event (highly recommended), held at the magnificent Symphony Hall. What a brilliant advert the City of Birmingham Symphony Hall is and the same can be said of the Birmingham Royal Ballet with whom I have recently met, with a view to forging links with BLS. We wish the Chief Constable every success in his new role and his efforts to make our city a safer place for us all to live and work in.
From earlier reports you will know that pushing social mobility is something I am passionate about and one of my key objectives throughout the year. With that in mind I would like to bring to your attention “The Civil Judges Social Mobility Initiative.” I was approached by HHJ Kelly who together with her fellow Judges have set up a scheme that provides work experience to students who would otherwise not have such opportunities and therefore may never consider a career in the legal profession. I was able to introduce the Judges to our contacts within the Universities so they can assist with identifying suitable candidates.
The scheme has the support of the Bar via the Leader of the Midland Circuit Michelle Heeley KC and the Judiciary would like to enlist the help of BLS law firms. Please do get in touch with the BLS office for further details by emailing events@birminghamlawsociety.co.uk or better still to simply sign up and thereby agree to take on a student for a two-day placement. The Judges are to be commended for taking a lead on this and it comes on the back of an earlier engagement with BLS, targeting solicitors to consider making applications for judicial posts. I will be arranging a follow up to this with my good friend and former President Steven Jonas who has agreed to participate and lend his experience on such matters.
A joined up and fully engaged local legal profession is in everyone’s interest and will achieve much better outcomes across the spectrum of initiatives and objectives we are all setting. In many cases it will also avoid duplication of effort.
We are quite rightly proud to be leading the way in some areas but to affect real and lasting change we must spread our initiatives and success stories beyond the boundaries of Birmingham and the Black Country. With that in mind we placed social mobility, the retention of women in law and EDI progress on the agenda for our meeting of the Joint V.
The Joint V consists of the law societies of Birmingham, Bristol, Leeds, Liverpool and Manchester. The officers of each society meet from time to time to discuss current issues relevant to the profession and it was our turn to host and set the agenda. I invited Peter Ward from Leadership in Business and Sport to attend the meeting, so he could tell all those present how we can integrate
4 www.birminghamlawsociety.co.uk
PRESIDENT’S LETTER
students from low socio-economic backgrounds in to our law firms and chambers.
It is my intention to introduce him to our membership law firms at a later point so please contact me via the BLS office if you would like to learn more.
Finally, for those who are not aware, we had a general meeting of BLS on 12th December. At that meeting we resolved to adopt a new structure for the society and with it changes to the constitution of both board and council. It was a culmination of many months of very hard work.
There are too many names for me to list by way of thanks for what has been produced and for the platform it has given the society to move forward positively with renewed confidence. I would like to place on record my thanks to all who participated in the process which included the setting up of an implementation committee chaired by Clive Read.
One of the positive outcomes that was part of the forward plan is that we were able to appoint Andrew Beedham as our CEO. As a past President with a long service history with BLS we can be assured we are in very capable hands.
My diary dictates that I will be overseas on Chambers business in February but also flying the BLS flag wherever I travel. I have set up a room, so I can participate in BLS meetings remotely, hopefully from sunnier climes. For those who scare easy, I promise not to be wearing shorts, so you will be spared the sight of my knobbly knees, which seem to have more lumps than a sugar bowl these days!
Next time out I will be reporting on our magnificent BLS Awards evening (9th March) where we will be celebrating the success of our legal community.
Tony McDaid President
Birmingham Law Society thanks our Gold Sponsors
MEMBER’S EVENTS
Managing and Senior Partners Lunch
2nd February, 12.30pm – 2pm, Gateley
Free for Managing and Senior Partners only
100 Years of Women Solicitors in Birmingham
6th February, 1pm – 2pm, Online via Microsoft.
Free for all to attend
Birmingham Legal Apprentices
Networking
7th February, 6pm – 8pm, No5 Barristers’ Chambers
Free for legal apprentices and other junior legal professionals only
Wine Tasting
16th February, 6pm – 8pm, Loki Wine
£25 +VAT for members
£35 +VAT for non-members
International Women’s Day
8th March, 5pm – 7pm, Birmingham Crown Court
2023 Legal Awards
9th March, 6.45pm – 11.30pm, ICC
£120 +VAT member ticket
£150 +VAT non-member ticket
£1,200 +VAT member table of 10
£1,500 +VAT non-member table of 10
St Patrick’s Day Breakfast Networking
17th March, 8.30am – 10.30am, No5 Barristers’ Chambers
Free for all to attend
Networking Social for Lawyers
28th March, 6pm – 8pm, 3PB Barristers. Free for members
£10 +VAT for non-members
To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk
GENERAL MEETING
6 birminghamlawsociety.co.uk EVENTS
CORNWALL STREET NETWORKING SOCIAL
RAISING ASPIRATIONS IN LAW
100 YEARS OF WOMEN IN LAW IN BIRMINGHAM
In 1922 four women passed the Law Society Finals examinations and became the first women solicitors. Carrie Morrison was the first, and her name has been resounding across social media throughout the last few weeks, deservedly so. However, with her in that exam were three other women, one of whom became the first female member of Birmingham Law Society in 1923.
Her name was Mary Elizabeth Pickup. Mary was articled in her husband’s firm TJ Pickup in Birmingham and qualified in January 1923. She was awarded a BLS book prize for her success in her examinations. Her untimely death was noted at the BLS AGM in 1938 where her longstanding role as a consultant at the Poor Man’s Lawyers Association in Birmingham was praised. The Daily Mail acknowledged her achievement in ‘heading the list of successful candidates in the First Law Society Finals examinations ever open to women.’
For more information about Mary and the history of BLS turn to page 84 of the wonderful book, Our Legal Community by Dr Sally Hoban which details the 200 year history of BLS. Women have always been breaking records at BLS and continue to do so. With a straight run of three female presidents and now in the safe hands of Tony McDaid as an excellent champion of equality and diversity, we will move to another female president and equality champion next year, with Alice Kinder.
We celebrate the life of Mary Elizabeth Pickup at our online event on 6th February 1-2pm at which Dr Diane Blenkiron will explore some of the challenges encountered by the participants of her research into muslim women in the legal profession.
@birminghamlawsociety 7 EVENTS
2023 LEGAL AWARDS SHORTLIST REVEALED
58 individuals and firms have been recognised in Birmingham Law Society’s annual Legal Awards shortlist, which has been announced today.
The auspicious event is the crowning glory in the crown of the Birmingham Law Society – the largest and most vibrant local Law Society outside of London – and is a celebration of the best legal talent across Birmingham!
Head Judge Martin Hall, Managing Director of M Hall Management Limited alongside Sarah Ramsey, Dean at the University of Law Birmingham campus and Anjum Khan, Director of the Asian Business Chamber of Commerce gathered on 30th January to shortlist the 12 categories that make up the Birmingham Law Society Legal Awards 2023.
Martin Hall commented: “We were extremely impressed with the high quality of the submissions in 2023. All firms and individuals should be very proud of their submissions as it gave the shortlisting committee a very difficult but enjoyable challenge. Thank you to all participants.”
President of the Birmingham Law Society, Tony McDaid added: “It is no surprise that the quality of entrants to this year’s Legal Awards is so high. Birmingham is blessed with some of the legal sector’s most
influential and sector-leading firms and individuals – all of whom chose to flourish here in our City.”
The shortlist can be exclusively revealed below.
Trainee Solicitor of the Year sponsored by The University of Law
• Monika Gagat, Squire Patton Boggs LLP
• Grace Hallam, Weightmans LLP
• Nikita Pierpoint, Bevan Brittan LLP
• Phoebe Smart, Irwin Mitchell LLP
• Sophie Warren, Shoosmiths LLP
Apprentice of the Year
• Caira Baker, Capsticks Solicitors LLP
• Alexander Bradbury, Squire Patton Boggs LLP
• Sinead Jones, Kennedys Law LLP
• Tom Reeves, Weightmans LLP
• Renee Tombs, Bevan Brittan LLP
Paralegal of the Year sponsored by Landmark Information Group
• Manaar Dayoub, Capsticks Solicitors LLP
• Liberty Green, Weightmans LLP
• Raipreet Singh Phull, Weightmans LLP
• Chanel Quigley, Anthony Collins Solicitors LLP
• Hayley Webb, Greens Solicitors Ltd
Solicitor of the Year sponsored by Cornwall Street Barristers
• Michelle Chapman, Irwin Mitchell LLP
• Fiona Farrell, Irwin Mitchell LLP
• Mariyam Harunah, Squire Patton Boggs LLP
• Jonathan Lewis, Capsticks Solicitors LLP
• Sharon Thandi, Devonshires Solicitor s
Barrister of the Year sponsored by Birmingham City University
• Marc Brown, St Philips Chambers
• Louise Corfield, No5 Barristers' Chambers
• Aimee Fox, 3PB Barristers
• Yolanda Pemberton, St Philips Chambers
• Alexander Pritchard-Jones, No5 Barristers' Chambers
Partner of the Year
• Ruth Griffin, Gowling WLG
• Mark Hands, Irwin Mitchell LLP
• Ian Jones, Spencer Shaw Solicitors Ltd
• Christopher Plumley, Trowers & Hamlins
• Shivaji Shiva, VWV
BLS Pro Bono Award sponsored by Keele University
• Elena Goodfellow, Bevan Brittan LLP
• William Horwood, St Philips Chambers
• Sibon Phiri, United Legal Access
• Faizan Sadiq, Greens Solicitors Ltd
BLS Equality and Diversity Award
(Law firm) sponsored by The College of Legal Practice
• Bridging the Bar, 3PB Barristers
• Capsticks Solicitors LLP
• Shakespeare Martineau
• Squire Patton Boggs (UK) LLP
• Thursfields Solicitors
BLS In-House Award
• Birmingham Organising Committee for the 2022 Commonwealth Games
• Bal Atwal, West Midlands Police
• Tamina Greaves, Crown Prosecution Service
• Neena Janda, Zappi
• Kuldip Kaur, HSBC Bank PLC
8 birminghamlawsociety.co.uk EVENTS
Law Firm of the Year (Sole practitioners and firms up to 5 partners) sponsored by Index Property Information
• Chase Morgan Solicitors
• Fountain Solicitors
• Neil Davies & Partners
• Spencer Shaw Solicitors Ltd
• Tenet Compliance & Litigation Ltd
Law Firm of the Year (Regional)
• Enoch Evans LLP
• George Green LLP
• Higgs LLP
• Sydney Mitchell LLP
• The Wilkes Partnership LLP
Law Firm of the Year (National) sponsored by St Philips Chambers
• Anthony Collins Solicitors LLP
• Gateley Legal PLC
• Gowling WLG
• Shoosmiths LLP
• Squire Patton Boggs (UK) LLP
All nominees are invited to an inperson interview mid-February with judges from a range of backgrounds including:
• Professor Lisa Webley , Chair in Legal Education and Research, University of Birmingham Law School
• Jeremy Myers , President, Liverpool Law Society
• Henrietta Brealey , CEO, Greater Birmingham Chambers of Commerce
• Steven Jonas, District Judge and Partner, Jonas Roy Bloom
• Karen Cooper , Head of Law & Criminology, Newman University
• Dr Jessica Guth , Head of Law School, Birmingham City University
• Nick Johnson , President, Manchester Law Society
• Jabeer Miah , President, Northamptonshire Law Society
• George Bisnought , Managing Director, Excello Law
They will be joined by the shortlist judges to identify the winner of each category which will then be announced on Thursday 9th March at the glittering awards dinner at the city’s iconic ICC venue.
EMMA JESSON RETURNS AS LEGAL AWARDS HOST
Frequently recognised for her sunny “Bye Bye” sign-off, Emma Jesson is a popular face of ITV Weather, one of the longest serving weather presenters and friendliest personalities on TV.
Living and working for more than two decades in Birmingham, she also feels very at home in our inclusive and thriving city.
Her grandfather, Major T.E. Jesson, was a barrister and magistrate, and it was believed that she would follow in his footsteps, however, she originally trained in veterinary medicine, then side-stepped into TV in her year off. And the rest, as they say, is a paragraph on Wikipedia…
She started out as a colourful, quirky regular on national breakfast TV and could currently pop up in any part of the country with your forecast. She produces and presents news features and contributed to various network TV shows designed to help lift people’s spirits during the pandemic.
She regularly hosts events across the UK and Europe – pharmaceutical conferences in Frankfurt, awards dinners for National Grid US/UK in London and is booked year-on-year by other clients such as Coca Cola, Reach plc, BMW, Cadent, Institute of Asian Businesses, Kellogg’s, the British Chambers of Commerce, Enzen Global - both face-to-face as well
as hybrid combinations during the pandemic.
Emma is honoured and delighted to be invited back to host our Birmingham Law Society awards presentations. She has just finished playing ‘Fairy Forecast’ in pantomime and promises to weave some magic on the night! Emma sends her warmest congratulations to the award finalists – and hopes that all our guests have a memorable and inspiring evening.
Twitter: @EmmaJessonTV Instagram: @ the1emmajesson
GREEN & BLACK’S CHOCOLATE CO-FOUNDER WILL BE GUEST SPEAKER AT LEGAL AWARDS 2023
Jo Fairley is Co-founder of the pioneering sustainable and Fairtrade chocolate brand, Green & Black’s. Leaving school at 16 with six ‘O’ Levels, through hard work and determination Jo went on to become the UK’s youngest-ever magazine editor, setting out on her entrepreneurial journey in 1991 when
she co-founded Green & Black’s Chocolate, now approaching a £100 million a year brand.
The success of Green & Black's has enabled Jo to become a serial entrepreneur, via an awardwinning organic and natural food store/bakery (Judges Bakery), The Wellington Centre (a boutique nine-room wellbeing centre) – both in her home town of Hastings –along with two web ventures. She is author of 25 books and works as a consultant to brands across the food, beauty and perfumery worlds, on sustainability, branding and marketing.
@birminghamlawsociety 9 EVENTS
2023 Legal Awards 2023 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 2023 are on sale now.
The Awards, now in their 21st 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.
Spaces for the annual sell-out event are limited so it is advisable to book early to avoid disappointment.
Please see overleaf for details on how to book your tickets. Booking Form >
BOOK NOW! 2023 Legal Awards
9TH MARCH 2023, 6.45PM
INTERNATIONAL CONVENTION CENTRE, BIRMINGHAM
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The quickest and easiest way to to reserve your ticket(s) or table(s) is to complete this booking form and send to: awards@birminghamlawsociety.co.uk
Alternatively, you can return this form to: Birmingham Law Society
Suite 101, Cheltenham House, 14-16 Temple Street, Birmingham B2 5BG
DX: 13100, Birmingham 1
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2023 Legal Awards
BIRMINGHAM APPOINTMENT BOOSTS GATELEY LEGAL’S RESIDENTIAL DEVELOPMENT TEAM
Gateley Legal has bolstered its specialist residential development team in Birmingham with the appointment of Thornton Allen as legal director. Allen joins from BPE Solicitors and brings extensive experience in assisting regional housebuilders and landowners with matters including acquisitions and plot sales. He has specialised in retirement living developments for more than 10 years and will help strengthen Gateley Legal’s later living offering to service the retirement homes sector.
He has also worked on collaboration and consortium agreements for large-scale schemes as well as strategic land matters. In addition, he has participated on the investment panel for the South West Regional Infrastructure Fund as one of two private sector members alongside local government, the regional development agency and Homes England. The investment panel oversaw the funding of major infrastructure projects required to facilitate or pump-prime residential development sites in the South West.
Commenting on his role, Allen said: “I’m delighted to be joining Gateley Legal. The size and depth of its residential development team is outstanding, and I’m looking forward to getting involved with the great schemes they work on.
TEXT BOOK APPEAL...
If you are wondering what to do with your old law books, please may I encourage you to consider donating them to the International Law Book Facility, asks Lord Justice Dingemans, Lead Judge for International Relations and a trustee of the ILBF.
It’s fantastic to be taking on a role where I can expand my knowledge and experience within the retirement living sector, as well as with residential housebuilders and developers.”
Callum Nuttall, partner and national head of the residential development team at Gateley Legal, said: “Thornton will make a great addition to our specialist residential development team in Birmingham. He brings with him a wealth of experience of the retirement living development sector which will be a great boost for our later living offering across the Midlands and beyond.
“Our impressive residential development team acts for 18 of the top 20 housebuilders in the UK, on either a regional or national level, and we are one of the few legal businesses in the country with a separate housebuilder team specialising in services for residential developers. In addition to this, we have created an ‘under one roof’ offering to service the latest needs of the UK property market.”
Gateley Legal’s national residential development team operates from offices located in Birmingham, Guildford, Leeds, London, Manchester, Newcastle upon Tyne, Nottingham and Reading, and includes 22 partners and 250 legal professionals.
The International Law Book Facility (ILBF) is a charity which provides good quality second-hand legal textbooks to universities, law schools, judiciaries and other not for profit legal organisations around the world.
The ILBF is primarily run by volunteers with a board of trustees. You can read more about the ILBF here.
NEW RECRUIT FOR AVERTA
Helen Hughes, a highly regarded employment lawyer and former legal director at Shakespeare Martineau LLP, has joined Averta Employment Lawyers as a senior consultant.
Hughes has considerable experience in the legal services industry, both in private practice and in house. She is also an accomplished Tribunal advocate.
Senior partner at Averta, Alan Jones said: “We are delighted that Helen has decided to join us as a consultant. I know Helen’s skills are second to none as she always works hard to get the best results, avoiding unnecessary conflict which is key to success in our business.”
Helen Hughes said: “I am very happy to have joined David and Alan and the team at Averta. I’m looking forward to using my skills in advising both senior employees and SMEs to resolve what are often complex legal disputes.”
Averta Employment Lawyers is an award winning, boutique employment law firm which was founded by ex DLA Piper partners, Alan Jones, and David Sykes. Averta specialises in giving advice to senior executives and professionals across both the private and public sectors. The firm have particular expertise in negotiating exit strategies and severance packages for directors and senior executives and also provides strategic employment law advice to companies across the UK.
The ILBF has a set of criteria to determine which publications are acceptable, and maintains a list of approved titles on its website. The books should be in good condition, and not torn or marked please.
Information on how to donate can be found here.
NEWS
12 birminghamlawsociety.co.uk
ANTHONY COLLINS SOLICITORS FIRST MIDLANDS LAW FIRM TO BECOME A B CORP
the company is held to the highest standards of social and environmental performance, public transparency and legal accountability. Companies are evaluated on how their business success is measured, shifting the focus more to people and the planet as well as profit, and ACS is just the fourth law firm in the UK to achieve the accreditation.
There are only 1,000 B Corp organisations in the UK and 6,000 businesses worldwide making up the B Corp community, including global brands such as Innocent, Patagonia, Charity Bank and The Body Shop.
our positive social impact on society and the environment as a business. Becoming a B Corp is a natural development to our ongoing commitment to being a force for good alongside our clients.
“We have worked with B Lab, the body that certifies B Corps, over the last year to become a part of this community through a very rigorous application process. Each company is marked against the criteria and must achieve an 80-point benchmark as the first step, before being assessed on key areas including governance, workforce, community, the environment and customers.”
Anthony Collins Solicitors (ACS) has become the first law firm in the Midlands to achieve B Corp status, recognising the social purpose and environmental values of the company.
ACS is a social purpose law firm, and works with the social housing, health and social care, local government and charities sectors, as well as private individuals. It has more than 350 employees and offices across the Midlands and North West.
Being certified as a B Corp means
Each company’s business model, operations and structure are rigorously assessed to ensure they demonstrate high social and environmental values, and must provide a legal commitment to changing governance structures and be transparent on their performance.
Peter Hubbard, senior partner at Anthony Collins Solicitors, said:
“ACS’ values focus on improving lives, communities and society and this is now ingrained in the firm’s DNA. Clients, staff and stakeholders can rely on our B Corp status as evidence of
ACS publishes a Social Impact Report each year revealing the scale and impact of its social-purpose-driven legal work. Last year it supported 139 new charities to become registered, supported funding projects worth £850m to build approximately 4,750 new affordable homes and managed over £79m worth of assets for vulnerable individuals through Deputyship and Attorneyship work.
To read more about Anthony Collins Solicitors’ social impact, click here.
BIRMINGHAM SET TO HAVE ONE OF THE FASTEST GROWING ECONOMIES
in terms of employment with this study predicting that headcount will stand at 613,800 at the end of next year. This would equate to a year-on-year increase of 1.4%.
Birmingham’s strong performance by the end of next year contrasts with other locations in the West Midlands. Coventry, for example is expected to see annual GVA growth of just 0.5%, whilst Wolverhampton’s economy is expected to grow by 0.1%.
The report states that Birmingham’s large retail and hospitality sector will be negatively impacted by the cost-ofliving crisis in 2022 and 2023, however, other sectors in Birmingham such as creative and digital technologies are expected to drive growth.
Birmingham is set to have one of the fastest growing economies when the UK emerges from its recession in the second half of 2023, according to a new study by law firm Irwin Mitchell.
The Irwin Mitchell City Tracker has been produced by the Centre for Economics and Business Research (Cebr) and examines 50 locations across the UK, forecasting future growth in terms of GVA* and employment.
The report, which estimates that the UK entered into a recession in the second half of 2022, expects economic growth to resume in the second half of 2023.
According to the research, Birmingham’s economy is expected to see its GVA grow year-on-year by 1.1% in Q4 2023, rising to £29.6 billion.
In addition to having the fastest-growing economy anywhere in the Midlands, Birmingham also performed strongly
Charlotte Rees-John, partner and head of Irwin Mitchell’s Consumer sector, said: “Last year presented numerous challenges... the consumer sector has however been one of the most resilient, agile and innovative sectors in recent times and those businesses that succeed during 2023 will be in a very strong position to take advantage of a more stable economic environment in 2024.”
NEWS
@birminghamlawsociety 13
NEW BIRMINGHAM OFFICE MANAGING PARTNER FOR SQUIRE PATTON BOGGS
years. I am looking forward to working with new and familiar colleagues on the next phase of the firm’s growth and development as one of the region’s premier practices.”
Jonathan Jones, European managing partner, said: “Charlie has led the Birmingham office with distinction, and I would like to thank him for all that he has done in the role. The office has achieved its best-ever performance to date this year, and we have ambitious plans to continue on this growth trajectory.”
Squire Patton Boggs welcomes Tom Durrant, the former national head of Gateley’s Corporate practice, as the new managing partner of its Birmingham office. Mr. Durrant, who arrives today, succeeds Charlie Frost, who will become general counsel for the firm’s UK LLP from 1 May 2023.
The move marks a return to Squire Patton Boggs for Mr. Durrant, who qualified at the firm over 20 years ago. A highly regarded corporate
M&A and private equity lawyer, Mr. Durrant will play a key role in the ongoing expansion of the firm’s UK and international cross-border corporate and private equity transactional work.
“I am excited to return to Squire Patton Boggs, a global law firm with a strong regional heritage and a collaborative, dynamic and entrepreneurial culture,” commented Mr. Durrant. “The firm has an impressive pedigree in the Midlands and has enjoyed rapid growth in recent
“I have been proud to serve as managing partner in Birmingham. To lead such a talented team that has achieved so much in the region, and as an integral office within our global network, has been a privilege,” added Mr. Frost. “Tom’s track record in leadership and business development will be extremely valuable in helping to position our office for its next stage of growth and we are delighted to welcome him on board.”
Midlands Corporate partner Geoff Perry said: “Tom is a respected and talented private equity lawyer, well known to our team and within the corporate market. His arrival comes on the back of increased client demand and we have ambitious plans to continue to grow the team in the coming year.”
SOLICITOR URGES COUPLES TO CONSIDER LIFE INTEREST TRUSTS
deaths of The Wanted’s Tom Parker and actress Helen McCrory left their partners, Kelsey Parker and Damien Lewis, widowed aged 32 and 50 respectively, and again receiving a flurry of inches in gossip columns at the point they are seen to be dating again.
An expert private client solicitor from Birmingham law firm Shakespeare Martineau is urging couples to protect their wealth for future generations after recent high-profile deaths have shone a spotlight on young widows and widowers.
According to the Office for National Statistics’ latest figures, there were an estimated 3.1 million widows in England and Wales in 2020 – just 1.7% of those were below the age of 50.
Despite making up a small percentage of the UK population, young widows have been the subject of media attention in recent years after the early
Solicitor Kathleen Ryan, of law firm Shakespeare Martineau, said: “Losing a loved one at any life-stage is incredibly difficult. However, the sudden death of a partner at a young age can be particularly challenging, especially if children are involved in the bereavement.
“When a partner dies young, a widow moving on, forming new bonds and loving again is almost inevitable and it should not be frowned upon. As a result, protecting your assets for your children and still allowing your surviving spouse or partner to benefit from them while they are alive has become a common issue for modern families where there are potential second marriages and stepchildren.”
According to Child Bereavement UK, a parent of children under 18 dies every 22
minutes in the UK – around 23,600 a year. To protect your family’s wealth for future generations – especially in the event of a subsequent marriage – Shakespeare Martineau suggests writing a life interest trust into your will.
Kathleen said: “Ultimately, this legal entity allows your estate, which can include your home, to be placed within the trust for the benefit of a named individual – usually a surviving spouse. Upon their death, the asset then passes to the ultimate beneficiaries specified within your will – typically your children.
“Most commonly, a life interest trust is set up in the wills of couples concerned about their partner re-marrying, co-habiting or entering into a civil partnership after they have passed away. Without one, if your estate is left outright to your surviving partner, there is a risk the property could end up in the hands of any future spouse. A life interest trust ensures your property’s ultimate destination – giving your widow the security of having a home to live in during their lifetime, while ring-fencing the underlying capital for your children.”
14 NEWS
THE STATS YOU NEED TO SHAPE YOUR CLIENT CARE STRATEGY IN 2023
Too often, businesses attempt to discourage people from calling by purposefully omitting a phone number on their website. For others, poor website design makes it hard to find. Either way, it tells clients that accessibility is limited. This is a huge source of frustration to consumers and should be actively avoided. Being accessible, approachable and personable is the first step to delivering.
4. Over the last three months cold calls to all sectors are up 23% on the same period last year.
In the year that firms battled to move forward from the pandemic, we were faced with a new set of challenges –political turmoil, energy hikes, labour shortages and a cost of living crisis writes Bernadette Bennett,of Moneypenny. Consumers have needed answers and continued to reach out for support and as a result, the change in communications behaviour that we experienced throughout 2020 and 2021 has stuck around.
When people get in touch, they expect 5* service and this provides an opportunity for law firms to stand out and prove they care. With that in mind, Bernadette Bennett, head of legal at leading outsourced communications provider, Moneypenny, shares the 2022 stats that you can’t ignore as you shape your 2023 client care strategy:
1. 45% people spend longer on the phone to firms than they did 3 years ago and callers are likely to have more urgent, complex and sensitive needs.
As a result, the calls we do make are getting longer. These are the calls that firms really can’t afford to miss. Those that appreciate the fact that inbound calls are driven by a specific need and give callers the time they need to find a solution, are the ones who will have happier, more fulfilled customers as a result.
2. The phone still comes out on top as consumers’ favourite method of contacting a firm, 35% of people prefer this method of communication.
People want real conversations with real people and aside from face-to-face meetings or video calls – which people are quickly tiring of post-lockdown – only the phone will do.
3. 90% of people get frustrated when firms don’t include a phone number on their website.
With cold calls on the increase it can be difficult for businesses to filter out the noise so they can focus on the calls that really matter – namely those from clients and prospects. Businesses need measures in place so that even when switchboards are busy, customer care is not compromised.
5. Following a badly handled call, 36% of people will take their business elsewhere, 34% will make a complaint and a quarter will leave a negative review.
A poor call experience can trigger a number of different reactions – all of which are detrimental to a firm’s bottom line and reputation. First impressions count and bad ones can be difficult –impossible even – to recover from.
6. 75% of people say good client service is a powerful differentiator.
By mastering the art of call handling, firms can make their phones ring and boost the bottom line in the process. With the right knowledge, telephone communication can be transformed into a vital tool to improve the client experience, drive revenue and get ahead of the competition.
7. Poor client care habits continue to irritate consumers – with phone calls not being answered (43%) and annoying hold music (34%) topping the list of gripes.
Further phone annoyances include:
a. Complex phone messages 30%
b. Being told to check the website 30%
c. Having to leave a voicemail 23%
d. Feeling rushed and not listened to 21%
e. Background call centre noise 19%
8. 46% of our chats occur outside the 9-5.
If you’re failing to offer 24/7/365 service, then you could be missing out on serious business. The ability to capture and handle enquiries outside of office hours and at the weekend can transform a website’s ROI.
9. Live chat technology generates six times more website engagement.
Live chat encourages visitors who wouldn’t otherwise take the time to email or call, to engage with you.
Through live chat, agents can start proactive conversations with personalised auto-prompts that are tailored to your FAQs or specific pages. This encourages interaction and nudges web visitors into enquiring and sharing their details.
10. Generally Tuesday is the quietest day for an enquirer to call a company, and 11:00 is the least busy time, followed by 08:00 and 17:00.
Client communications is a 24/7 consideration through and it’s simply not good enough for clients to be left hanging on the line at any time of the day or year. There are many cost effective solutions available to ensure enquirers can get through to companies whenever suits them.
11. Cold calls to law firms are increasing – they now account for 3% of calls.
Cold call volumes have been increasing steadily in the legal sector since 2020, although they’re not yet back to preCovid levels. Among Moneypenny’s clients, which include 75 of the top 300 legal firms, cold sales calls accounted for 67,000 of legal firms’ calls in 2020, 70,000 in 2021 and 72,500 in 2022 (to date) – compared with 82,000 in 2019.
12. Almost a quarter of all calls to legal firms are now new enquiries. January, February and June the highest for new enquiries – which accounted for 24% of calls compared with 21%, 22% and 21% respectively in 2021.
For legal firms, many of whom may already feel inundated with work or be struggling with recruitment, this signals a need to really revisit and reinvigorate their customer service and communications practices so they’re efficient as possible and able to keep up with demand.
Bernadette added: “Quality client service inspires trust and builds loyalty, so in 2023, take the opportunity to have meaningful conversations with your clients and solidify your reputation as a company that cares. Consistency is crucial.
“Quality of service should never depend on the employee that answers, time of day or situation. Firms must set a standard and stick to it – always striving to exceed expectations where possible.”
LEARNINGS FROM MIDDLE EARTH: PRACTICE IN THE FAMILY JUSTICE SECTOR WHICH WOULD PLEASE GANDALF!
In part due to its’ isolation from the rest of the world, Aotearoa New Zealand (note 1) has traditionally had to rely on innovation and development of services whether of a professional, or financial, or commercial nature from within its own national boundary writes Timothy McMichael of Our Family Wizard.
Of course, in more recent times, the worldwide web, and easier and more affordable travel has facilitated learning from overseas jurisdictions, but in many ways Aotearoa New Zealand continues to be a country of pioneers – and practice in the Family Court and within the greater Family Justice system is no exception.
So, what makes our Family Justice system so very different from so many other jurisdictions?
One example speaks loudlyAotearoa NZ was one of the very early adopters of no fault divorce back in 1980, so very, very different from legislation which has only been formally implemented just last year in the most parts of the United Kingdom.
In Aotearoa New Zealand, when separating or separated parents need some help and support, in most instances parties are required to participate in a government funded four hour parenting program called Parenting through Separation (PTS).
This program has been running for close to 20 years, and provides parents an opportunity, to work in a small group of other parents and guardians, although never with your coparent, to understand how separation is perceived by children, and how to go about mitigating any Adverse Childhood Experiences (ACE’s) which will likely be experienced by children..
PTS is typically a dynamic, thought provoking and illustrative group programme, which is delivered in a multitude of differing ways to suit the needs of participants,
At any time in Aotearoa New Zealand we have upwards of 20 PTS programmes active across the country.
During Covid the programmes pivoted very quickly to online learning, and now parents benefit
from a hybrid model. Where parents are still needing help and support after having attended PTS, in most instances they will in the first instance have to at least attempt a model of Family Mediation which we call Family Dispute Resolution (FDR).
The starting point is very similar to the MIAM model used in England and Wales, where an accredited family mediator will meet individually with the parties to determine suitability of both parties and circumstances to proceed further.
Sometimes it’s clear that FDR isn’t the right process at a particular time, and the case will be exempted, allowing each party to access some independent legal advice as to next steps.
Of course in those instances, it’s fully likely parties would be recommended to file an application in the Family Court.
Exceptions exist for urgent and complex cases, and where there is a history of sustained family violence, which allows parties to bypass FDR.
When cases progress in FDR, parties are given an opportunity to have what is called a Preparation for Mediation (PFM) or a ‘coaching’ meeting which is delivered by somebody otherwise not involved in the case.
PFM has been an extremely successful component of our FDR service, and no doubt its efficacy is illustrated by way of the fact that close to 90% of all matters are partially or fully resolved in FDR.
In Aotearoa New Zealand, we have a very generous funding model which provides 12 hours of Family Mediation time in any 12 month funding cycle. This of course allows for a number of sessional meetings, over a number of weeks or months, when parties are able to review and update any draft mediation agreements before they are finalised.
Child Inclusion is another important component, and currently best practice suggests any child aged
10 or above should have an opportunity of making sure parties to an application are able to hear children’s thoughts, feelings, wants and needs, which are harvested by an independent third party Child Consultant who then feeds back to the FDRP and to the parents at a subsequent meeting.
Of course sometimes even with the best of intentions and the hardest of work, parties are unable to reach full understandings through FDR and so ultimately may have to look to the Family Court for resolution.
A future article will talk about the journey that parents and children face in the Family Court in Aotearoa New Zealand.
Note 1 – ‘Aotearoa’ is the Proper noun accepted and used by Māori (this country’s First National people) to name New Zealand. Loosely translated, literally, it means ‘the land of the long white cloud’. Increasingly, and certainly within the Family Justice system, the correct term now used is Aotearoa New Zealand.
OPINION
16 birminghamlawsociety.co.uk
Role – Lawyer, Clinical Negligence
Salary: Negotiable
Firm: Weightmans LLP, Birmingham
Following their recent successful reappointment to the NHS Resolution panel, and influx of new instructions for local NHS Trusts and GPs, their team is growing, and they are looking for healthcare lawyers at all levels to join their firm. The successful candidates will have an opportunity to work on a variety of defendant clinical negligence claims at all stages of the claims and litigation process, ranging from multi million pound/liability disputed cases to novel Human Rights Act and Data Protection Act disputed issues. There is also scope for candidates to work on national projects involving patient safety, product development, innovation, fraud, governance and to train clients in all areas of our work. All successful candidates will be supported to grow and develop their careers within our clearly defined promotion process.
Role – Criminal & Motoring Defence Solicitor Advocate / In-House Counsel
Salary: £40,000 – £50,000 PA + Tr. Exp.
Firm: Kang & Co, Birmingham
Due to the position Kang & Co Solicitors holds within the private criminal defence / motoring sector, the firm is growing, and there is now a position available for a Criminal & Motoring Defence Solicitor Advocate / In-House Counsel.
The role is home based, because the successful candidate will be required to travel from home to the Magistrates’ Court, Crown Court, and the Police Station (Voluntary Police Station Interviews) daily. There are no set hours for the role, as the role is based upon business need / demand. The role would ideally be suitable for a person living between Birmingham and London because many of the Court Hearings are situated in or around London and the West Midlands. However, consideration will be given to all candidates irrespective of their location. The successful candidate will be expected to attend 20-30 Court Hearings / Police Station Attendances each month.
REQUIREMENTS
• Qualified solicitor 3YR + PQE
• Experience of defending high value and complex litigated and pre lit clinical negligence claims, preferably involving experience of working for the NHS and/or private healthcare sector
• Demonstrable experience in the healthcare sector
• Excellent technical ability and knowledge of CPR
• Strong and effective communication skills
• Disciplined time management and organisational skills
• Capacity to rigorously investigate and analyse evidence
• Ability to multi-task and prioritise
The successful candidate will be required to represent clients at the Magistrates’ Court for:
• Sentence Hearings
• Exceptional Hardship Applications
• Special Reasons Hearings
• Mention Hearings
• Criminal & Motoring Offence Trials
If the successful candidate has rights of audience in the Crown Court, they will also be required to represent clients in the Crown Court for:
• PTPH
• PTR
• Mentions
• Sentence
• Trials
Essential Requirements
• Rights of audience in the Magistrates’ Court
• Criminal advocacy experience
• Full UK Driving Licence & their own transportation
• In a position to represent clients across
• Ability to work to strict deadlines and targets
• Ability to adhere to client protocols
• Ability to work as part of a team and on own initiative
• Flexible approach
• Experience of training, supervising and developing junior team members would be an advantage
Please contact Jonathan Daniels, Recruitment Adviser at Weightmans LLP for more information or to apply:
Jonathan.Daniels@weightmans.com
Tel: 0345 073 9900 /ext 130424
DDI: 01512439545
England & Wales
• Exceptional advocacy skills
• Ability to work under pressure
• In a position to work flexible hours
• A confident and robust personality
Desired Requirements
• Experience of representing clients on a private paying basis
• Experience of representing regulated professionals
• An in depth understanding of motoring offences
• Rights of audience in the Crown Court
• Living in or around Milton Keynes
To apply for this role, please submit a covering letter and your CV to info@ kangandco.uk
JOBS BOARD
LEGAL OMBUDSMAN – CHANGES TO SCHEME RULES
The Legal Ombudsman (“the LeO”) has been under considerable pressure to improve its performance in recent years. Complainants and law firms have experienced significant delays writes
Jayne Willetts Solicitor Advocate of Jayne Willetts & Co Solicitors Limited.
For example, there has been a backlog in the Pre-Assessment Pool where the average waiting time is 7 months for low complexity matters and is much higher for medium & high complexity matters. The delays have been caused by a myriad of factors including the pandemic and recruitment problems. Progress has & is continuing to be made by the LeO leadership team.
Part of the improvement plan has been a review of the Scheme Rules in order to identify opportunities where the LeO could improve its operational efficiency. A consultation took place between February & April 2022 and the final proposals were approved by the Legal Services Board in July 2022.
The amendments to the Scheme Rules will go live on 1 April 2023.
A summary of the main changes is set out below so that firms can begin thinking about their in-house preparatory work. Also, please bear in mind that the LeO will be publishing guidance, factsheets, FAQs and templates on its website so practitioners will need to keep a weather eye out for these documents in early 2023.
Reduced time limits – Rule 4
The most significant change is the reduction in the time limit for referring a complaint which will be no later than:
• one year from the date of the act or omission being complained about (reduced from six years) : or
• one year from the date when the complainant should have realised that there was cause for complaint (reduced from three years)
The LeO will retain the ability to apply Rule 4.7 which allows an Ombudsman to exercise discretion to extend the 1-year time limit if it is fair and reasonable to do so.
Interestingly, when the LeO was originally set up in 2010, the time limit was 1 year and the maximum award of compensation was £30,000. In 2013, the time limit was extended to the present time limits of six years from date of complaint and three years from date of knowledge. The maximum award of compensation was also increased to £50,000. The intention at the time was
to put the LeO in a position to handle lower value professional negligence claims – with the six-year time limit and the £50,000 maximum award. So, the reduced time limit from 1 April 2023 will be a return to 2010 time limits.
Work for law firms – communication & changes to documentation
Firms will need to inform their clients of this alteration to the rules. A letter to existing clients on or about 1 April 2023 will be required. For new clients then the revised time limit should be incorporated into the retainer documentation for all new retainers post 1 April 2023. The LeO plans to issue a leaflet that solicitors will be able to send to clients with their updated client care letter.
Other amendments will need to be made to internal Complaints Procedure policies to include all versions whether printed or electronic or on websites. Another amendment should be to the Complaints Information Section printed on invoices.
Dismissal if loss/detriment minor – Rule 5.7 (b)
The LeO has always had the power to dismiss a complaint if there had been no loss or detriment to the complainant. For example, a complaint that a law firm had failed to return a single telephone call would fall into the category of no loss or detriment. However, where the loss or detriment is minor as opposed to non-existent, the LeO has been obliged to undertake a full investigation. From 1 April 2023, the word “significant” will be added to Rule 5.7 (b). This change allows an Ombudsman to consider whether it is a proportionate use of resource and time to investigate a complaint where the detriment to the complainant is not significant.
dismiss a complaint on the basis that the size and complexity of the complaint means that it would be disproportionate for it to be investigated. The LeO has cautioned that this new rule would only apply to a very small proportion of cases and then only to those where it is considered disproportionate, unreasonable, or even impossible for the Leo to investigate the complaint. Further guidance is awaited from the LeO on the application of this rule.
New issues excluded from existing complaint – Rule 5.7 (q)
Another brand-new rule is being introduced to exclude new issues being added to an ongoing investigation if they were already known to the complainant at the time the investigation commenced – but were not included at that time. On occasion, complainants who anticipate that the outcome of a complaint is unlikely to be in their favour seek to augment the original complaint with additional issues. This results in delay and frustration for the law firms involved so this new rule is a helpful introduction, provided it is robustly applied.
Welcome changes
Dismissal due to size &
complexity – Rule 5.7 (p)
This new rule will enable the LeO to
These amendments to the Scheme Rules are to be welcomed in a move to streamline the complaints process and to exclude from full investigation certain categories of complaints. The time limits in particular will ensure that those complaints which are referred to the LeO will be fresh in the minds of both the complainant and the law firm. There will also be less likelihood of files having been archived or even destroyed. The other changes will assist the LeO case handlers to process cases more quickly. The current delays damage the reputation of the profession and these changes are definitely a step in the right direction.
18 birminghamlawsociety.co.uk REGULATION REPORT
FOCUS: THE EQUALITY DIVERSITY AND INCLUSION COMMITTEE
Lachlan Stewart and I had a really fun afternoon doing an assembly at St Michaels C of E Primary in Handsworth where we hope to return for further workshops. I think we both found it more fun than a usual afternoon at work and we received a rousing round of applause at the end.
We are one of the largest committees in BLS encompassing subcommittees with specialist areas of expertise and insight. We are seeking new members for some committees and actively seeking a Chair for the gender subcommittee in particular.
The work of the EDI committee and sub committees is very much focussing on recognising challenges, sharing good practice, providing support and celebrating the diversity of our legal community in Birmingham. We also have projects like the Judge Brenda childrens books which need the wider support of the Birmingham legal community to help us meet our pledge to distribute a copy of Equal to Everything to every primary school in Birmingham. Many of us have contributed to this distribution and made a positive impact on primary schools in our city. However, we still have over 100 books to go and need more volunteers.
Personally, I have met some amazing students and teachers at primary schools where we have already had a positive impact.
If anyone is interested in helping give away a few books please contact the BLS office to arrange to collect your books having selected the schools you will visit from this spreadsheet here
Full guidance is available and all you need to do is be willing to drop a book off at reception at your designated school. Here are some photos from visits to schools (I have emailed them Jess- to you from my personal email and also some from Sonja via LinkedIn message)
This book programme also forms for the basis of a wider outreach project going into schools from primary upwards, to talk about the role of law and lawyers in society, whilst promoting and giving examples of the wide range of backgrounds from which we come, and the diversity of work we do. I am grateful for those who are supporting this initiative including our President Tony McDaid.
The EDI Committee run a programme of events between us demonstrating the talent and commitment of the sub committees. As a committee made up of volunteers there is a limit on what we can achieve with limited active members and so we are seeking new members for some sub committees. Expressions of interest with a short statements of your motivation for applying, your experience and insights would be welcomed by the Gender Subcommittee in particular.
Our membership comprises men and women and has in the past run events covering International Women’s Day but also mentoring, menopause awareness, well being and we work with the Midland Circuit Women’s Forum quite often. The Judge Brenda book project originates from this group as does the event on 7th February celebrating 100 years of women in Birmingham becoming solicitors but bringing it up to date with a discussion of intersectionality and Muslim women in the legal profession (see my separate article).
If anyone is interesting in hearing more about the committee or subcommittees covering social mobility, REACH, gender and disability do contact me at c.edwards@keele.ac.uk I am also keen to widen the scope of the committees by establishing new ones.
By Catherine Edwards, Chair of EDI Committee and Reader in Legal Education, Keele University
MIDLANDS AIR AMBULANCE CHARITY EVENT
Charity operates and funds three air ambulances covering six Midlands counties including the West Midlands.
Since 1991, the charity responded to more than 70,000 missions. Each year it costs between £11-12 million to maintain the three aircraft and the provision of a lifesaving service. The charity does not receive funding from the Government or National Lottery for its daily missions so relies entirely on the support and generosity of local people and businesses.
Consider supporting Midlands Air Ambulance Charity’s lifesaving prehospital emergency service by attending one of their fundraising events.
HUNTER CHASE: CHELTENHAM’S SEASON
FINALE - FRIDAY 5TH MAY 2023
Cheltenham Racecourse, Evesham Rd, Cheltenham, Gloucestershire, GL50 4SH, UK
The Cheltenham season comes to an end with their only evening fixture on Friday 5 May 2023. It's a meeting that allows amateur riders and trainers to compete for the ultimate dream of winning at the Home of Jump racing with seven fiercely fought Hunter chases over distances expected to range from an extended two miles to four miles.
National Hunt Restaurant packages
£115 per head*
Package Includes:
• Admission ticket
• Three course meal
• Tea & coffee served after meal
• Table for the event
• TV racing coverage
• Betting Service
• Course facing restaurant
• Complimentary car parking
• Hospitality team to ensure the smooth running of your day
* Excludes drinks
Book your tickets at www.midlandsairambulance.com/events
birminghamlawsociety.co.uk 20 FOCUS
NO TWO THE SAME: HOW SPECIALIST SERVICES CAN HELP YOU CLEAR ESTATE ADMINISTRATION HURDLES
Finding assets It’s easy for a person to acquire assets overseas: perhaps being paid in company stock, combined with an increase in wealth managed overseas, helps us feel that we live in a truly globalized world.
It’s when the owner of these assets dies, that we tend to find out the world is not so globalized after all. A virtual security gate crashes down, and the estate representatives and legal practitioners must deal with a string of unfamiliar requirements from a foreign-based asset-holding institution, that may create legal, financial or administrative complications – or all three!
Outsourcing this to an experienced professional firm of probate genealogists can help with what can be unfamiliar, lengthy and timeconsuming work.
There has been a development in new complexities due to the rise in multifamily households, and an increase in assets held overseas as people increasingly live, work and invest outside of our borders writes Louise Levene, International Asset Services Manager at Finders International
However, we haven’t got much better at making Wills. Statistics indicate that two thirds of British people still don’t have a valid Will, and nearly 60% of parents don’t have a valid, up-todate Will in place. This can have a profound effect on estates and the heirs. Private client practitioners are required to have a very broad skill set, so it can be comforting to know that, where needed, professional probate genealogists can step in.
No instructions On learning of the death, practitioners may have a problem right at the start: no instructions to act, no access to funds, and little or no information about next of kin entitled on intestacy. Probate genealogists can assist to help get the administration process moving, with a variety of flexible fee options.
Due diligence The subject of Wills – or their lack – can be thorny. The family is convinced that a Will was written naming them; or that a more recent Will exists than the one in your possession. Our thorough Missing Will Search, backed up by Missing Will indemnity insurance, can remove uncertainty and allow the estate representatives to move on with the process.
Verification The work of tracing missing beneficiaries utilises many research tools via publicly accessible online records of births, marriages and deaths, census records and social media, as well as electoral roll and other commercial data. It’s the training, credentials, special records access and research methodology that set a professional probate genealogist apart from ‘bedroom’ sleuths: ensuring that all parts of the family tree have been carefully researched, and all beneficiaries located.
Estate practitioners can find themselves misinformed about the true extent of the family. The family members don’t always know about additional heirs that emerge through research, but genealogists find some beneficiaries are economical with the truth. Taking the word of the ‘sole heir’ at face value is a potentially costly risk to take, that can be avoided by engaging a professional probate genealogist to independently verify the family tree.
“There’s no one else…” Finders International was involved in the estate of a man with a £400,000 intestate estate. The man’s sister asserted she was the sole beneficiary. Finders verified the tree and found that she had a nephew, entitled to half the estate. She had, it appeared, neglected to mention his existence because she didn’t approve of his behaviour. The nephew received his rightful share of the inheritance, and the practitioners saved a great deal of trouble and expense from a potential later claim.
Case study A lady died leaving what was once a straightforward, Londonlisted UK share portfolio. In recent years and with failing health, she stopped actively managing her portfolio. After her death, her Executors found she had ‘accidentally’ acquired several high value shareholdings listed in the USA, through corporate acquisition and stock spin-offs. The legal practitioners advising the estate had little experience with this kind of work and brought Finders International in to complete the necessary steps. US estate tax clearance was procured due to the high value of the assets, and the shares transferred out of the Deceased’s name, using Medallion Guarantee stamps, and sold.
Finders International are an awardwinning Probate Research firm established in 1997. We trace missing heirs and beneficiaries to Estates, property, funds and assets worldwide as well as a range of additional Legal Support services. We work with Solicitors, Accountants, Corporate or State Trustees and financial institutions. We are the founding member of the International Association of Professional Probate Researchers, Genealogists and Heir Hunters (IAPPR), which aims to provide a single, authoritative voice for corporate industry professionals.
If you would like to contact Finders International for advice or information, contact us on +44 (0)20 7490 4935, email quotes@findersinternational. co.uk, or visit findersinternational.co.uk
NEWS
ARMY LEGAL SERVICES- WHAT’S LEGAL LIFE LIKE IN THE
It is said that law pervades most areas of society in one way or another and this is no different for the Army. At its heart, the Army is a large organisation that is state funded, the operations of which engage a myriad of legal issues on a daily, indeed hourly, basis.
Tasked with the mission of providing legal advice to Army personnel in respect of its activity – whether that be employment and management of soldiers or conduct of military operations - is the Army Legal Services (ALS), a specialist allOfficer branch of the Army’s Adjutant General’s Corps (AGC).
The ALS is comprised of professionally qualified solicitors, barristers and Scottish advocates and runs recruitment cycles 3 times a year (January, May and September).
In this month’s in - house interview, we talk to several junior officers as to their lives and experiences within ALS.
1. Could you please describe the typical civilian professional background of ALS recruits?
There is none. A candidate need only meet citizenship/residence requirements and be qualified to practice in the UK to be eligible to apply. The recruitment process tests for potential, both in terms of suitability as an Army officer and the capacity to effectively apply soft skills and adapt to new areas of law. Consequently, there is a broad range of civilian experience amongst our cohort, from experienced criminal counsel to newly qualified corporate solicitors and everything in between.
2. Can you give us a sense of the purpose of the role of a lawyer within ALS? And what it may involve on any given day?
There are around 100 regular ALS Officers and 15 reservist ALS Officers between the ranks of Captain and Major General, based within various organisations within the Army
structure and advising on a broad range of issues. All ALS officers will work across our core functional areas (or ‘3 pillars’), namely prosecutions, advisory and operational law. Officers are assigned to posts, generally speaking for two years at a time, and therefore have the opportunity to switch focus regularly and gain wide experience. Whatever the role, our raison d’etre is to provide first-class legal advice in support of the Army in barracks and on operations. This may be as part of a legal team or as the sole legal adviser to an organisation, working closely with other branches of the Armed Forces, international allies, partners across government and the security and intelligence services.
The ALS’ 3 pillars are broken down as follows:
a. Prosecutions
i. The Service Prosecuting Authority (SPA) is similar in function to the Crown Prosecution Service and is responsible for the prosecution of
22 birminghamlawsociety.co.uk
FOCUS
FORCES?
Service and criminal offences before the Service Courts, These include the Court Martial, the Court Martial Appeal Court, the Service Civilian Court and the Summary Appeal Court. The Service Courts prosecute persons subject to Service law and civilians subject to Service discipline only, and any issues involving concurrent jurisdiction between the Army and UK civilian authorities will normally be determined by consultation. The Armed Force Act 2006 confers jurisdiction for civilian criminal offences and offences only applicable in a military context.
ii. ALS Officers posted to the SPA manage cases and run prosecutions from start to finish and advocate in the Service Courts regardless of their professional background. We do not distinguish between solicitors, barristers or Scottish advocates.
b. Advisory
i. ALS Officers working within an Advisory law branch advise their
chain of command on the range of issues facing the organisation from disciplinary matters to health and safety (e.g. COVID measures).
ii. These officers are typically based at higher level Army formations such as Divisional or Brigade Headquarters and would be seen as generalist lawyers advising their specific chain of command. There are however some specialist roles within this pillar, such as litigation and claims, and employment law.
c. Operational
i. Wherever in the world the Army operates, an ALS Officer will either deploy as part of the force or be required to provide time and security sensitive operational advice via reachback.
ii. For example, ALS could be advising Commanders on operational law before targeting decisions are made, training troops on the ground on the Law Of Armed Conflict or overseeing the treatment of captured persons in accordance with the UK’s human rights obligations.
3. What training and support is given to new ALS Officers?
a. Every person recruited will commission as an ALS Officer at the rank of Captain on a Short Service Commission (currently 12 years with a 3-year probation period.) Prospective officers will be supported by the recruiting team from the date they make their application. Internal training and development will commence from day 1 - the date they commission.
b. Each ALS Officer will spend 9 months training before going into their first legal role. This includes the Professionally Qualified Officers’ course at Royal Military Academy Sandhurst where they will learn basic military skills including weapons handling and fieldcraft, study infantry tactics and take on a range of tasks designed to develop their ability to lead and command. They will then undertake 6 weeks’ legal training at the Directorate of Army Legal Services, including 1 week’s training in the law of armed conflict and a week’s Adventurous Training (usually skiing, hiking or rock climbing).
c. On completion of their legal training, recruits spend 3 months on attachment, usually with a
combat arm unit such as an infantry battalion. This is designed to give them first-hand experience of life as an Army Officer and provide them with an understanding of the military ethos and function of an Army unit. Previous attachments have taken place in Brunei, Cyprus, Germany, Estonia, Kenya, Canada and the Falklands.
d. In addition to their initial training, ALS Officers receive on the job training at their respective postings and are required to attend progressive courses. For example, there are operational law courses conducted at UK universities and in Italy, Germany and the US. There is also opportunity to undertake part-time funded Master of Laws programmes and obtain Higher Rights of Advocacy (Criminal) with various providers.
4. What about physical training? Does an ALS recruit have to do this and is this similar to any other specialist within the army?
Yes. ALS Officers are expected to maintain a level of fitness and this is assessed bi-annually. Fitness requirements vary depending on role, with combat troops naturally required to meet a higher bar than other functions. Recruits must meet fitness requirements as part of the selection process.
The Army encourages its people to conduct regular physical training and the majority of ALS postings are based at locations with easy access to free gym facilities and training instructors. Maintaining physical ‘readiness’ to deploy where and when required is part of our job and therefore our chains of command should ensure personnel have time to exercise during the working day.
5. Would you ever be expected to go to the front line / an active war zone?
Yes, as part of our operational duty ALS Officers may find themselves deploying to conflict zones in support of the UK’s efforts whether in a peacekeeping, security or belligerent role. While not primarily in a combat function, ALS Officers will deploy armed.
6. Within the ALS, what is the structure as regards career progression? In addition, are there opportunities to do secondments in different areas
FOCUS
to those to which you have been assigned?
There is a hierarchical structure ranging from Captain (entry level for ALS officers) to Major General (highest rank, held by our Director) with promotion based on a combination of time served in ALS and performance. In the main, Captains will promote to Major after 5-6 years in ALS.
There is scope to undertake posts akin to secondments. In terms of temporary, ad hoc deployments, the needs of the Service are paramount and have seen Officers deployed to other government departments in support of, for example, COVID efforts in recent years. There also exist some well-established exchange programmes with the Armed Forces of allied nations (e.g. Australia and US), fellowships at research institutes and opportunities to work with intelligence organisations.
7. What do you enjoy most about your job? And least?
a. The variety of work and opportunities for both personal and professional development are second to none. It is possible to obtain knowledge and experience in an array of legal areas, play new sports and learn languages (and more) during the course of the various postings in ALS.
b. Many new ALS Officers cite monotony as a significant ‘push’ factor from their civilian careers. A career as an Army lawyer is the polar opposite. No two ALS careers are the same and some of the headaches of being a lawyer are left at the door. You are not pigeon-holed in a particular role, you are not expected to complete time sheets and your client is never going to challenge your bill!
c. ALS invests in its people and provides ongoing training and support to ensure our Officers are best placed to add value for their ‘client’.
d. We are public sector workers, however while salaries cannot compete with the Magic Circle, there are numerous financial and other benefits that cannot be matched by private practice. The starting salary is comfortable, housing and feeding is subsidised, we have a noncontributory pension, we have access to in-house medical and dental
facilities and there are numerous opportunities to receive financial support for various personal and professional development.
e. Some Officers find the inherent unpredictability of Army life to be difficult at times. There are positives and negatives to the 2-year posting cycle and fundamentally we must have the agility to react to world events which could see Officers deployed away from their family and friends for periods of time.
As Army personnel we need to become comfortable with being uncomfortable as our work will necessitate operating in austere environments occasionally.
8. In your view what are the wider themes the army is grappling with at the moment and which will likely have an impact on your work /legal ask.
The Army is continually reacting to the circumstances of the day and its legal team need to keep apace with that. The maintenance of discipline is essential for a fighting force to operate effectively and legal officers are integral to the Army’s ongoing efforts to instil this virtue and respond to its occasional breakdown. Russia’s invasion of Ukraine has necessitated consideration of various legal questions concerning Law of Armed Conflict issues and novel means and methods of warfare. ALS continue to play an integral part in the assessment of the legal and physical risk to UK personnel and equities given our government’s commitment to provide support.
9. What piece or pieces of advice do you know now that you wish you had known when you were just starting out? What’s the best piece of advice you’ve ever received?
Ensure you are aware of the physical fitness requirements and have a plan to meet them. Both in the selection process and throughout an Army career, your own fitness is the one thing over which you have the most control. First impressions count and physical ability goes a long way in that regard.
Do not be put off by a perceived lack of prior knowledge or experience. The key for new recruits is to demonstrate intellectual curiosity and agility, that is to say the ability and desire to turn one’s mind to a brand new area and
develop competency quickly.
I was advised to remember ‘ABC’ = Absorb, Back yourself, Consult. For us, this applies to general military knowledge as it does to legal.
10. Any thoughts for those contemplating a career in house specifically within the army?
What you get out of an ALS career is commensurate with what you put into it. There are exciting and interesting opportunities for those that seek them out. It is worth doing at any stage in your legal journey. We have newly qualified layers joining along with those with 6+ years’ PQE. Some people join for a few years, develop themselves professionally and personally and then decide to take these benefits back out to the civilian world. Others see an Army career as a longer term adventure.
11. Have you ever been in a dangerous situation (many of the readers maybe thinking Line of Duty / Spooks?)
From Northern Ireland in the early 90s, to modern conflict zones, operating in high-risk areas comes with the territory for Army personnel, including ALS Officers. While unlikely to find themselves on the frontline in a combat situation (although trained to be so, as with all Army personnel), ALS Officers have routinely found themselves in high-threat parts of the world over the last 30 years and beyond.
Further details:
Candidates can still apply if they are a trainee solicitor or pupil barrister/ advocate but will need to be fully qualified at the point of intake. All legal backgrounds are welcome.
ALS will provide bespoke legal training to all new Officers.
Applicants must be qualified as a solicitor, barrister or Scottish Advocate. The upper age limit is generally 32, but this can be waived in exceptional circumstances e.g. previous military experience or transferable legal experience in areas such as criminal, employment or international humanitarian law.
For those who meet ALS’s criteria and are interested in applying as part of the next intake, you can forward a copy of your CV and a covering letter to Rinu.Sangha100@mod.gov.uk
24 birminghamlawsociety.co.uk
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HOW PROPERTY LAWYERS CAN ACT NOW ON CLIMATE CHANGE
At a glance planning due diligence
As the first property data business to Pledge to Net Zero, Landmark is committed to not only acting with urgency in the name of climate change, but also empowering the property industry to do the same. But as climate change continues at pace, managing and mitigating against this relatively new area of risk demands a sound foundation of data, insight and understanding.
This is why we have spearheaded a dialogue with experts across the property and real estate industry to deepen and validate our understanding of climate change. We have drawn on expert perspectives to reach some consensus on the task ahead and at the same time, created an urgent call to action for the whole property industry.
performance and subsidence/ ground stability were also flagged as likely areas of risk in the future.
In our white paper, Climate Change Reports: The New Frontier of Real Estate Due Diligence, our data
12 months.
RiskView Residential is Landmark’s gold standard, all-in-one environmental search report, used by property lawyers to assess a wide range of potential hazards on of prospective purchasers. These include flooding, ground stability, contaminated land, energy infrastructure and now includes daily planning application updates and constraints data.
The resulting Landmark white paper, Climate Change Reports: The New Frontier of Real Estate Due Diligence, (published November 2022) is a comprehensive discussion about how each part of the property industry sees its responsibilities, where we as an industry can deepen our commitment and how we can all challenge the status quo to take meaningful and timely action.
The consensus among the experts we spoke with is a need for pan-industry alignment on definitions, targets, benchmarks and modelled scenarios. They also all posed a critical question about who is responsible for interpreting climate risk reports.
and actively engaging with a net zero strategy. For instance, over half of commercial real estate lawyers have already improved their buildings’ energy performance, and nearly another quarter have active plans to improve or are considering it. The story is similar for residential solicitors and surveyors, where 43% have already improved their buildings’ energy performance and a further third are making moves to do so. The majority of residential and commercial firms have or are planning green policies around staff travel.
The most common climate change risks for the property industry
Landmark Planning allows you to understand any nearby residential planning applications which might impact the property transaction. All the data within the report is supported by easy-to-understand guidance and next steps.
With more firms than ever engaging in climate change mitigation at home, the next urgent task is to ensure that the right climate change data is identified for property transactions. Most property law professionals (commercial 88%, residential 85%) believed that flooding is likely to emerge as the top risk in climate change reports across all property types over the next 30 years. Energy
We have recently released our climate change report, in both residential and commercial formats. The data baseline to inform the assessment is derived from UKCP18. Developed by the Met Office, this is the most authoritative climate projection data available for the UK. This UPRN-based search is designed to provide an overview of future risk as well as in-depth, advice, and recommendations for managing current environmental risks at the property and is provided within the standard desktop search. It’s also the only report on the market to include transitional risks as well and physical risks.
To find out more contact your Landmark Account Manager or search provider.
You can read more about our climate change reporting solutions here.
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OPINION
844 9966 | helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing
unique polygon data provides an accurate representation of a development’s potential impact for easy analysis and communication. Landmark products now incorporate daily updates to planning data providing the most current view of planning across Great Britain.
Why you don’t just need
a
Climate Change Report, but the Landmark Climate Change Report?
You will not only find physical risks included, flood risk, subsidence, heat stress and coastal erosion but also transitional risks such as EPCs.
A report that helps commercial real estate lawyers and residential conveyancers deliver extra value. It’s intuitive and keeps your clients up to speed on the short, medium and long term physical and transitional climate-based risks with advice and recommendations for a specific property.
For more information, please get in touch at www.landmark.co.uk/products/climate-change