@birminghamlawsociety 1 BULLETIN THE MAGAZINE OF THE BIRMINGHAM LAW SOCIETY OCT / NOV 2022 AGM A new President and all the details from this years event from page 6. SCAM What are consumers’ rights if they fall victim to a bank scam? Page 26. www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk @birminghamlawsociety @BhamLawSociety REGULATION REPORT Closures, Mergers & Acquisitions – Changing times on page 22
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@birminghamlawsociety 3 CONTACT US www.birminghamlawsociety.co.uk info@birminghamlawsociety.co.uk Tel: 0121 227 8700 Birmingham Law Society, Suite 101, Cheltenham House 14-16 Temple Street, Birmingham, B2 5BG Twitter: @bhamlawsociety Insta: @birminghamlawinsta Editor: Jonathan Fraser. Editorial enquiries to jon@fu-media.co.uk ADVERTISE HERE To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or you can email jon@fu-media.co.uk or kevin@fu-media.co.uk EXPERT WITNESSES FOR: l Mechanical and Process Engineering l Manufacturing Industries l Oil and Gas Industries l Petrochemicals and Chemicals l Pharmaceuticals l Fertilizers and Pesticides l Metallurgical Industries l Safety and Environmental 2012-2018 THIS ISSUE CONTENTS 4. The Outgoing President’s Address. 6. The New President’s Address. 8. This year’s AGM 10. Upcoming and Past Events. 14. Members’ News. 20. The Legal 500 2022 22. Regulation Report: Closures, Mergers and Acquisitions: Changing Times. 24. In conversation with ... The winners of the 2022 BLS awards. 27. Pro Bono Week Activities. 30. The Challenges of Rising Labour Costs. 32. The Importance of Financial Wellbeing. 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. AGM Award Winners
As they say in show business it is now officially a “wrap”! Last night I presided over the 203rd AGM which saw my successor Tony McDaid installed as the new President of Birmingham Law Society.
It has been my absolute honour and privilege to be President of Birmingham Law Society, something that I never thought would be possible for someone like me. When I embarked on a career in law over 30 years ago it was an uphill struggle from the start, I was the first in my family to go to university, I only knew two lawyers who I had done work experience for and I was a woman! But I persevered and have enjoyed a long career in the law, embracing many changes along the way.
My journey as President was not all plain sailing, there were many challenges during the year, including the ongoing challenges of the pandemic during the first part of
my year, staffing issues and latterly adapting to the “new normal” working environment we all find ourselves facing on a daily basis.
My objectives were simple, to re-engage and re-connect the whole of our legal community following a turbulent 2 years. We organised and hosted events both in person and online, including the ever popular quizzes, lunch clubs with Preet Kaur Gill MP and Jude Jennison, a highly competitive football tournament with no fewer than 46 penalties, celebrated International Women’s Day, and finally completed the books for schools project. I hosted roundtables on Social Mobility and the environment and of course I attended more lunches and formal dinners than I dare to count.
The Newly Qualified event brought together over 100 newly qualified Solicitors and Barristers, some for
the very first time which really highlighted the need for us to host more networking events which we did with the help of our local barristers chambers.
The Legal Awards was the first large, in person, event that the Society had hosted for nearly two years. It was a great success, gathering everyone together in style to celebrate the achievements of our very talented lawyers and firms that make up the membership of Birmingham Law Society. I don’t need to remind you what a wealth of talent we have here in Birmingham, from Jayne Willetts the winner of the Lifetime Achievement Award, to the first recipient of the In House Award, Cleo Stewart, and to Trowers and Hamlins who won the first Equality, Diversity and Inclusion Award. The judges commented on how many difficult decisions they had to make.
The first BLS “Alternative Dinner” took place in June and gave all lawyers an opportunity, to attend a formal dinner, many for the very first time. Our speakers shared some words of wisdom, it was a great success and one that I hope the Officers will continue next year.
Wellbeing, is important to me both from a physical and mental standpoint and something that I wanted to highlight during the year. I am delighted, therefore, that we successfully hosted the first Birmingham Law Society Wellbeing Conference in July, supported by the Joint V and attended by over 60 members. We have also recently launched a dedicated page on the BLS website to support the Wellbeing of our members.
In July, Birmingham was host to the Commonwealth Games, it was an event that made me extremely proud to be a Brummie. We marked the occasion with a Conference for Commonwealth Lawyers and members entitled “Race to the Commonwealth and Beyond”. As host City we were asked by the organising Committee to operate a free 24/7 legal clinic for athletes and their entourage, during the games, I was so proud that our members jumped at the chance to get involved.
Our Committees continue to work hard on behalf of the Society, in particular the Consultation
4 www.birminghamlawsociety.co.uk
PRESIDENT’S LETTER
Committee who have produced 11 excellent and thought provoking responses to the many Consultations. And yes, I read them all!
And finally, as we emerged from the pandemic, it was clear that we needed to review the Governance of the Society to ensure that it continued to be fit for purpose in 2022 and beyond. I am extremely grateful to the working party and the implementation Committee for their work to date and, whilst I am disappointed that we were not able to finalise the changes at the AGM, I have every faith that the work will be completed and put to members very soon. As part of that review, the Board and Council identified the need for a CEO, that person has been identified and an announcement will be made shortly. It is hoped that they will hit the ground running, concentrate on “getting change done”, and review the Strategy of the Society.
Members have generously supported my chosen Charities throughout the year, Walk the Walk
and Sifa Fireside with kind donations, not just in cash but also of essential items and time.
And finally I could not have survived the year without the support of:-
• Council whose support and guidance throughout has been invaluable.
• The Past Presidents, many of whom I have called upon for advice.
• The Board in particular, the Interim Chair, and finance director Ben Henry, Steven Jonas and Andrew Beedham without whose support the “job” would not have been possible.
• The Office, in Becky Lynch, Jess Uppal, Janet Abe and Shona Betts.
• And of course my fellow Officers, Tony McDaid, Alice Kinder, Mariyam Harunah and Peter Wiseman.
Thank you.
I am proud of the achievements and advances we have made as a Society during 2021/2022 and hope
that the Society is in a more robust position to face the future.
And, of course, I look forward to seeing you all at the President’s Dinner in November, when in a break from tradition, Tony McDaid and I will be hosting a joint dinner.
Stephanie Perraton September 2022
Birmingham Law Society thanks our Gold Sponsors
YOU ARE INVITED TO JOIN BIRMINGHAM LAW SOCIETY FOR AN EVENING IN CELEBRATION OF OUR LEGAL COMMUNITY HOSTED BY OUR PAST PRESIDENT AND CURRENT PRESIDENT AT: BOTANICAL GARDENS, WESTBOURNE ROAD, EDGBASTON, BIRMINGHAM B15 3TR THURSDAY 17TH NOVEMBER 2022 DRINKS RECEPTION FROM 6.45PM GUEST SPEAKERS LUXURIOUS THREE COURSE MEAL CARRIAGES AT MIDNIGHT TICKET PRICE: £120+VAT TABLES: £1,200+VAT FOR FURTHER INFORMATION EMAIL: ANNUALDINNER@BIRMINGHAMLAWSOCIETY.CO.UK
I am conscious that many people who have previously held the office of Birmingham Law Society President will have said it was a long-held dream and goal for them. For me, although it is no less an honour, as the society’s first non-lawyer to hold the post, it is beyond a dream, and I am very humbled to have been elected as your President.
In taking office I would like to pay tribute to our outgoing President Stephanie who took over in very difficult circumstances exacerbated by the negative impact of COVID restrictions. Steph’s initiatives, particularly around the areas of wellbeing and mental health, were not only timely in light of all that we had endured through Covid, but they set a benchmark for future work to be carried forward and furthermore a desire from within BLS to ensure they remain on our agenda.
SO WHAT AM I GOING TO BRING TO THE ROLE OF PRESIDENT?
Those of you who know me and have worked with me will know I will bring
enthusiasm and energy to the role together with a wealth of cross-sector knowledge under the umbrella of the business of law which has been formed throughout my career.
I will push the boundaries, under the guidance of course of those past Presidents and of course from our Board and Council, as we move into the next chapter of our history, which will include the appointment of a CEO.
I am looking forward to working with our numerous Committees who give freely of their time to ensure we are at the forefront of an ever-changing profession, responding as they do to consultation papers on the future of the profession. As we go forward, I will be encouraging committees to be even more visible and engage with our membership so that everyone can see the excellent work they do and also so that we can all support them.
I am fortunate to be supported by our Incoming Vice President Alice Kinder and DVP Richard Porte MBE and last but by no means least, Becky, Jess, and the team in the BLS office.
My own journey thus far is of little importance at this point and can be told at the end of my Presidency. What is important is that I understand and you understand that I am from this day forward here to serve each and every one of you and our 5000-plus members however you see fit.
However, like Presidents before me, one cannot and should not ignore the life and career story that led to Presidency but instead use those experiences, both positive and negative, to help make a positive difference during one’s Presidential year.
With that in mind, the first of my initiatives is….
1. SOCIAL MOBILITY
There is general acceptance within the Legal Profession that more needs to be done to make the profession more inclusive and representative of society.
BLS has under Steph’s direction engaged with social mobility ambassadors across a variety of sectors. Working alongside her I have met with some who will form part of my initiative to provide greater access to the law.
I have recently met with Peter Ward and Debbie Barlow of Leadership in Sport and Business. It is my intention to partner with them to open up gateways into BLS firms and chambers for those from disadvantaged backgrounds.
To be clear this is not simply for aspiring Solicitors and Barristers but the myriad of professions that are part of the BLS family. Marketing, accountancy, and IT to name but a few.
My fellow officers and I, with the support of Catherine Edwards who heads up the BLS EDI committee, will be engaging with inner-city schools to pull back the curtain and let school children, who may not otherwise have exposure to such career paths, see and experience what a career in the law looks like and how it can be achieved.
Our doors should not be closed to anyone and certainly not simply because a child comes from a poor socio-economic background. To be clear this isn’t about bashing those who enter the professions further up the economic ladder but about making sure our profession is accessible to all.
THE NEW PRESIDENT OF BIRMINGHAM LAW SOCIETY: TONY MCDAID.
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PRESIDENT’S LETTER
I will, as will my officers, personally be attending Inner City Schools and attending school career events to actively sell what we as a Law Society can offer. I will be knocking on the doors of our larger firms to introduce Peter and Debbie to them and giving them and others like them a platform to pitch what they can do with our support.
I hope to inspire children so that they can see here and now in the city of Birmingham, there has never been a more welcoming period in our history for children to aspire to become part of our legal community.
2. REDUCING OUR CARBON FOOTPRINT
I am going to introduce an Environmental Policy for BLS which will be presented to Council for approval, and we will then push and promote it to our member firms. In addition we will be running a series of environmental events throughout my Presidency including events asking “what can we practically do and how much will it cost?
I should add that on 9th November the BLS Pro Bono Committee is holding an event entitled “The Climate crisis is real “at the offices of our good friends at Gowlings. I would like, once again, to thank them for their sponsorship of our recent BLS and CLA conference “Race to the Commonwealth and Beyond”.
3. EDI
During my Presidential year, I aim to draw Birmingham Black Lawyers (BBL) closer to BLS. My chambers are the first and only Gold Sponsor of BBL and I have seen first-hand the energy, talent, and vision within BBL, and their aims and objectives mirror those of BLS.
In addition, on the 17th of October BLS is supporting a play called “No Ordinary Lawyer” at The Birmingham Rep which is a one-man play performed by Actor and Musician Tayo Aluko telling the story of Britain’s first Black Judge.
In July/August of next year we will be participating in South Asia Heritage Month; recognising and celebrating the contribution that the South Asian Community has made to the profession and locally to the BLS community.
Allied to EDI is the fourth initiative which is something I am really passionate about, witnessing as I have across the profession, the lack of support and negative attitudes towards Women in Law.
4. RETENTION OF WOMEN IN THE LEGAL PROFESSION
For far too long the profession has simply allowed talent to drift from its ranks and we simply have to do more and find ways of preventing it. Yes, there are many complex issues around it and progress is being made but it is undeniable that as a collective more can and should be done.
The statistics show that attracting women to law is no longer an issue indeed the proportion of female qualified entrants to the law is over 50% and this looks set to continue with law schools admitting twice as many women as men (circa 15,000 against just over 6,000).
The conversation going forward needs to be about not just retention but also the progression of women in law and it is our intention to explore both issues given the link between them.
Part of the BLS drive to further engage in the area is to explore the reasons surrounding the failure of retention. To this end, I would encourage you to attend a Birmingham University online Zoom event on Tuesday 4th October. We will be discussing “Why women leave the profession “with Professor Bob Lee (lead researcher at Birmingham University) chaired by our very own Linden Thomas. Both Steph and I have accepted their kind invitation to be panel speakers at the event.
Beyond that and central to my Presidential year, I want us to have an open conversation about one of a multitude of reasons that affect women not just in the law but across the wider business community.
5. THE CRIMINAL BAR AND BLS
Over many years, firstly as a junior criminal clerk, I have witnessed the deplorable treatment of lawyers who undertake legally aided work. The treatment of criminal lawyers in particular has been unacceptable and it has now reached a critical stage where the system is grinding to a halt and was heading that way long before the current strike action.
I wrote a letter to a prominent member of the local criminal bar calling for unity between both branches of the profession. I am not ashamed to say I also called for strike action before matters got worse and the Criminal Justice system became unrecognisable. That letter was sent on 2 December 2003!
Last week in Manchester, Richard Miller of TLS as part of an update to the Joint V pointed to the fact that the
15% proposed increase for Criminal Lawyers was in real terms 9%. One has to recognise of course that the proposal was of course made prior to the recent increase in inflation so things are worse still, accepting of course that the inflation hike has affected everyone. Richard touched on the current strike action by the Bar and the fact the Bar is asking for a 25% increase and the TLS position would have to be parity with whatever the Bar achieves.
The Bar and the TLS should not in my view be entering into separate negotiations with the GOVT of the day nor should it ever have done so. There is only one winner in that scenario and it’s not the legal profession and ultimately not the clients it serves.
I have agreement from the Chair of the Bar and the Leader of The Circuit for dialogue with our local BLS Criminal Law Committee via James Turner and Matt O’Brien. The objective of this is to see how we can better deal with this decades-old, tragic farce of DIVIDE, RULE, AND CONQUER where neither arm of the profession gets what they deserve.
6. JUDICIAL APPOINTMENTS FOR SOLICITORS
Some months ago, towards the end of a Council meeting Steven Jonas pleaded with members to consider applying for judicial appointments. Not being a man to waste his words and a man I respect immensely; I jotted down his comments and put an asterisk next to them thinking that is something I can get my teeth into.
Matters progressed faster than I anticipated as out of the blue Michelle Heely KC Leader of the Midland and Oxford Circuit approached Steph and myself to ask if we would be interested in the local judiciary putting on an online Judicial Applications event for solicitor members of BLS and that will now take place on 10th October. It will be followed up with further initiatives to encourage better and wider engagement from our solicitor members both for part-time and fulltime judicial posts.
Finally, a quick mention of my Charities for the year - Midland Air Ambulance and Child Brain Injury Trust. You will hear more about that from me during my year but in the meantime please pencil in Friday 30th June as BLS in Conjunction with No5 will be holding a Strictly Come Dancing event to raise funds for both charities.
Tony McDaid President, Birmingham Law Society.
8 birminghamlawsociety.co.uk AGM
PROFESSIONAL OFFICERS FOR 2022/2023
President: Tony McDaid; No5 Barristers’ Chambers
Vice President: Alice Kinder; Anthony Collins Solicitors Deputy Vice President: Richard Port MBE; George Green Solicitors
Hon. Secretaries: James Farmer; Cornwall Street Barristers and Peter Wiseman
NEW ELECTED COUNCIL MEMBERS 2022/2023
Guy Barnett; Axiom DWFM Limited
Simon Harris; Gowling WLG (UK) LLP
Mariyam Harunah; Squire Patton Boggs (UK) LLP
Harriet Muffett; Trowers & Hamlins LLP
Grace Mullis; Irwin Mitchell LLP
Matt O’Brien; Jonas Roy Bloom
Amrik Singh; Greens Solicitors Limited
Zoe Tranter; Tranter Mills Solicitors
ANNUAL AWARD OF PRIZES 2022
The Society has made the following awards:Award for 50 years of practice:
Bruce Jobling 15/11/1972
Alan Rudge 02/10/1972 Ian Williamson 15/04/1972
TRAINEE PRIZES 2022
Gold Prize Winner
Niamh Leyland who holds a training contract with Anthony Collins Solicitors. Niamh achieved a distinction with The University of Law.
Niamh has also won the St Philips Chambers Business and Property Juniors Award comprising a Lenovo Yoga 10.1” Smart Tablet. Niamh gained a mark of 91% in her Business Law and Practice module.
Silver Prize Winner
Anna Papadopoullos who holds a training contract with George Green LLP, and whose training principal is Richard Port MBE. Anna achieved a distinction with The University of Law.
Bronze Prize Winner
Monika Gagat who holds a training contract with Squire Patton Boggs. Monika achieved a distinction with BPP University.
David Hershman QC Memorial Award
Danielle Blavin has secured a training contract with The Wilkes Partnership. Danielle gained a mark of 89% in her Family Law module, a distinction and a Master of Laws with BBP University.
@birminghamlawsociety 9 AGM
MEMBER’S EVENTS
Demystifying Judicial Applications
10th October, 5pm – 6.30pm, Zoom
Free for all to attend
“Just An Ordinary Lawyer” Stage Play sponsored by No5 Barristers’ Chambers
17th October, 5.30pm – 9.30pm, Birmingham Repertory Theatre
Free for anyone in education (FE, HE, under-grad, post-grad)
£20 +VAT for others
Property Conference in partnership with Index Property Information
18th October, 9am – 1.30pm, No5 Barristers’ Chambers
Free for all to attend
BLS and BSG Legal Eagles Quiz
31st October, 6pm – 9pm, Revolución de Cuba
£100 +VAT for member team of 5 £125 +VAT for non-member team of 5
Contentious Probate Case Law Update in partnership with Freeths LLP and sponsored by Finders International
1st November, 3.30pm – 7pm, Freeths LLP
Free for members
£20 +VAT for non-members
Welcoming in Pro Bono Week: Breakfast at No5 Barristers’ Chambers
7th November, AM, No5 Barristers’ Chambers
Free for all to attend
Pro Bono Week Event: The Climate Crisis is Real – What can lawyers do to help? 9th November, 5.30pm – 8pm, Gowling WLG Free for all to attend
In-House Lawyer Social 10th November, 6pm – 8pm, Cosy Club Free for all in-house lawyers
Membership Breakfast
16th November, 8am – 9.30am, No5 Barristers’ Chambers
Free for all to attend
President’s Dinner 2022
17th November, 6.45pm – 12am, Botanical Gardens
£120 +VAT for individual tickets £1,200 +VAT for table of 10
Newly Qualified Celebration 2022
24th November, 6pm – 8pm, No5 Barrister’s Chambers
Free for all to attend
To reserve your place and find out more, make sure that you visit www.birminghamlawsociety.co.uk
OBITUARIES
Peter Taylor – Past President 1985 sadly passed away 15th January 2022
Maurice Putman – Past President 1982 sadly passed away 23rd July 2022
10 birminghamlawsociety.co.uk EVENTS
FOOTBALL TOURNAMENT DISPUTE RESOLUTION IN FAMILY LAW NETWORKING EVENT AT NO5
PAST
BIRMINGHAM
@birminghamlawsociety 11 EVENTS
PRESIDENT’S LUNCH
PRIDE
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.
overleaf
Please see
for details on how to book your tickets. Booking Form >
2023 Legal Awards
2023 Legal Awards
Entries are now open for the Birmingham Law Society Legal Awards 2023. Firms and individuals practising in Birmingham and surrounding areas are invited to submit nominations in one of the 12 award categories. Please see below for a full list of award categories. Nominations will be judged by an experienced panel of independent judges, comprising leading figures from law, business and academia. The winners will be announced at an awards ceremony on Thursday 9th March 2023 at The ICC.
A NOMINATION JUST FOLLOW THESE THREE EASY STEPS.
STEP 1:
• Please put forward just ONE name of an individual or practice in each of the categories below. Only firms and individuals practising in Birmingham and surrounding areas are eligible to enter.
• Consider the reputation, experience, acumen, professionalism, commitment to clients and others with whom individuals or firms work, including involvement in the community, leadership and contribution.
• Please complete legibly and include your name/ organisation.
• Further copies of this form can be downloaded from www.birminghamlawsociety.co.uk. Photocopied nomination forms will be accepted. To enter online go to www.birminghamlawsociety.co.uk
• Nomination forms must be returned to Birmingham Law Society by 14th November 2022.
• The easiest way to enter is on the website using the online form: www.birminghamlawsociety.co.uk.
Alternatively entries can be submitted by email to
awards@birminghamlawsociety.co.uk or post to Rebecca Lynch, Birmingham Law Society Legal Awards, Suite 101 Cheltenham House, 14-16 Temple Street, Birmingham, B2 5BG.
• Full award criteria is available on the website, for all categories: www.birminghamlawsociety.co.uk.
STEP 2:
• Once all entries have been received, nominees will be contacted and asked to supply further detailed information to support their nomination.
STEP 3:
Short-listed nominees will be required to attend an interview with the judging panel week commencing 20th February 2023
date and time will
February 2023.
TO SUBMIT
•
. A
be allocated in
(Due to a very tight schedule, please note the interview time allocated will be fixed and therefore no alterations to the allocated slot can be requested) If you require further information please contact us at: awards@birminghamlawsociety.co.uk or Tel: 0121 227 8700. • Trainee Solicitor of the Year • Apprentice of the Year • Paralegal of the Year • Solicitor of the Year • Barrister of the Year • Partner of the Year • Birmingham Law Society Pro Bono Award • Birmingham Law Society Equality and Diversity Award (Law Firm) • Birmingham Law Society In-house Award • Law Firm of the Year (Sole Practitioners and firms up to 5 partners) • Law Firm of the Year (Regional) • Law Firm of the Year (National) 2023 LEGAL AWARDS CATEGORIES Birmingham Law Society Student Awards – Each of our Corporate Member Universities will be given the opportunity to nominate two of their outstanding students to receive a free ticket to the Awards dinner on the 9 March 2023, nominations should go to events@birminghamlawsociety.co.uk NOMINATIONS NOW OPEN!
HIGGS LLP AND GATELEY LEGAL INVEST IN DIVERSITY SCHEME
Inez said: “I am so pleased that the scheme is now in its third year. It would not be possible without our university and legal partners”.
Sharon Malhi, Senior Associate at Gateley said: “I’m honoured to be involved in the scheme which offers a fantastic opportunity to people who are often under-represented in the sector.”
Sophie Wardell, HR Director at Higgs LLP, said: “The Birmingham Law Society scheme aligns with Higgs LLP’s commitment to make the legal sector a vibrant, diverse and inclusive community.
Two law firms have joined forces to help talented young people from disadvantaged backgrounds forge a legal career.
Higgs LLP and Gateley Legal are jointly supporting Birmingham Law Society’s Diversity Inclusion Scheme which was first launched in 2020.
The initiative, devised by Birmingham Law Society’s former President and Partner at Harrison Clark Rickerbys Inez Brown, sees law degree graduates from disadvantaged backgrounds or under-represented groups given the chance to secure
a scholarship to complete their Legal Practice Course (LPC) at the University of Law’s Birmingham campus.
This year’s winner is Chandelle McFarlane, who recently graduated from the University of Law with First Class Honours. The University of Law will be providing the funding for the scholarship.
As part of the scheme, Chandelle will also be offered a vacation scheme placement and mentoring support at both Higgs LLP and Gateley Legal.
“Opening up law to all and helping young people reach their potential without being limited by obstacles is crucial.
“Throughout the application process, Chandelle stood out as an outstanding candidate and we look forward to supporting her and following her progress throughout the LPC.”
Alice Kinder, Deputy Vice President of Birmingham Law Society, confirmed that the scheme will run again next year and intends to promote this with the University of Law in the new year.
Irwin Mitchell has become a signatory of the United Nations Global Compact initiative (UNGC) and a member of the UNGC UK Network, affirming its commitment to ten universally accepted principles in the area of human rights, labour, environment and anti-corruption, and aligning its Responsible Business strategy with the framework of the Sustainable Development Goals (SDG).
The commitment, revealed in Irwin Mitchell’s FY22 Responsible Business report, further focuses the firm’s ambition to be a leading responsible business and sits alongside the increasing demand from clients for help around Environmental, Social and Governance (ESG) measures.
Irwin Mitchell’s Responsible Business strategy is centred on two overarching goals of inclusion and sustainability. A key part of this is the Group’s roadmap to transition to Net Zero by 2040, which was launched in July, plus the appointment of Kate Fergusson as Irwin Mitchell’s first Head of Responsible Business in January. Kate’s main priority is to drive forward the delivery of the strategy and engagement with the firm’s stakeholders alongside her team.
FY2022 Responsible Business highlights include work on Inclusion and Sustainability.
Kate Fergusson, pictured, Head of Responsible Business at Irwin Mitchell said: “As a purpose-led business we measure our success according to
the impact we have upon our key stakeholders, including our people and our planet. Our latest Responsible Business report provides a snapshot of the excellent work taking place across the group to deliver on our commitments to inclusion and sustainability.
“We recognise that working together in partnership with our stakeholders will place us in the strongest position to find solutions to the most critical shared societal and environmental challenges. With that in mind, I am delighted that Irwin Mitchell has become a signatory to the UN Global Compact, joining a global network of over 13,000 like-minded organisations and committing to working together to create change which will benefit us all.”
The commitment to the UNGC is demonstrative of the firm’s commitment to working collaboratively to help individuals and businesses navigate life’s ups and downs – going beyond the provision of technical legal and financial advice to respond to client needs in a holistic way.
IRWIN MITCHELL JOINS THE UNITED NATIONS GLOBAL COMPACT
14 NEWS
CHAMBERS HIGH NET WORTH - VWV ALONG WITH FIVE PARTNERS RANKED IN GUIDE
The Chambers High Net Worth Guide 2022 has recently been published, recognising five VWV partners across the firm’s Bristol, Birmingham and Watford offices.
Each year, Chambers & Partners releases its High Net Worth guide, ranking the world’s top law firms for the international private wealth market.
Once again, VWV has been listed as a leading firm for private wealth services to high net worth and ultra-high net worth clients in the South West.
In the latest edition of the guide, sources describe VWV as “ahead of the game in the sense of how they communicate with clients,” and that “they understand the anxiety and stress the clients suffer during the legal procedure and help them by constant updates and prompt response to queries.”
Several individuals from the VWVteam have been highlighted for their expertise in their particular practice areas, including a new entry for Partner Daniel Church as ‘Up and Coming’.
Michelle Rose
Head of VWV’s Private Client department, Michelle has earned a strong reputation for her work throughout her career, reflected in this year’s High Net Worth guide. Michelle has earned yet another
Band 1 ranking in the ‘Private Wealth Disputes’ category in the South West. Sources speaking to Chambers & Partners describe Michelle as “highly experienced, and well aware of the need to give value for money”. Another well-known barrister praised Michelle’s leadership, stating that she has “built up a formidable contentious trusts and probate team.”
Fiona Lawrence
Fiona deals with a broad range of inheritance and Will disputes.
Previously described as an ‘Associate to Watch’, Fiona has since been promoted to Partner, and is ranked in Band 2 ranking in the 2022 guide. Sources speaking to Chambers & Partners state that Fiona is “very practical and effective with a high level of efficiency.”
Rachael Armstrong Rachael regularly supports clients with a broad spectrum of legal services, ranging from Inheritance Act matters to estate administration and succession planning. Another partner with multiple ranking within the annual guide, Rachael is recognised in Band 3 this year. One source recognises Rachael as “extremely strong technically”. Another source adds: “Rachael is a lawyer who is both well informed and experienced. I would not hesitate to recommend her.
She is approachable, knowledgeable and gives advice that encompasses all eventualities and possible outcomes.”
Tom Brett Young
Tom continues to impress clients and peers with his ability to support clients with a variety of immigration matters, earning him a Band 3 ranking once again. Speaking to Chambers & Partners, one peer praises his expertise, stating Tom “really knows his stuff and is very good on law - he knows the rules inside and out.” Another adds “I like him, he is very proactive, he is approachable and gets things done in an efficient way.”
Daniel Church
A new entry in this year’s High Net Worth guide, Daniel joins his colleagues in the 2022 rankings with the title of ‘Up and Coming’. He often advises individuals, families and business owners with their Wills, succession planning Lasting Powers of Attorney, and lifetime inheritance tax planning. One source describes Daniel as “very knowledgeable and provides an excellent level of service.” Another source says: “Daniel is an excellent solicitor, capable of advising on complex matters in a straightforward and approachable manner”.
CHAMBERS LEAD ‘GAME-CHANGING’ MOVE TO SOLVE REGION’S SKILLS CRISIS
LSIPs have been designed by Government to put employers at the centre of the skills system in their region and to build a stronger, more dynamic partnership between employers and further education providers.
It will mean skills provision can be more responsive to the local labour market needs.
education and skills providers to help deliver provision that businesses require.
That report will remain ‘live’ so that shifting needs are identified and addressed.
Henrietta Brealey (pictured), chief executive of the Greater Birmingham Chambers of Commerce, said:
Businesses in the West Midlands are being placed at the heart of skills provision in the region in what is being described as a “game-changing shift” to help solve the skills crisis.
Coventry and Warwickshire Chamber of Commerce, Greater Birmingham Chambers of Commerce and the Black Country Chamber of Commerce have been selected by the Department for Education to lead on the region’s Local Skills Improvement Plan (LSIP).
The Chambers across the West Midlands will now carry out a detailed research exercise – including online surveys, roundtable events, telephone calls and one-to-one meetings with employers.
Crucially, that research will go beyond Chamber membership and will include businesses affiliated to other representative organisations in the region as well as companies that are not members of a business body.
It will result in a report that identifies the true needs of employers in the region and will set out a plan to work with
“The fourth industrial revolution is fundamentally changing the way in which we live, work and do business.
The Greater Birmingham Chambers of Commerce’s involvement in this programme is a great opportunity for us to inform and shape provision linked to digital transformation – with, and on behalf of, the local business community.
“We look forward to working with our neighbouring Chambers of Commerce, local stakeholders and educators to deliver a meaningful plan, incorporating and building on the significant work already underway to upskill talent across the region.”
NEWS
@birminghamlawsociety 15
SHOOSMITHS’ TRAINEES LAUNCH PRO-BONO PARTNERSHIP WITH THE UNIVERSITY OF LAW
They are all set to volunteer and offer expert advice on a myriad of commercial law matters including issues around contracts, corporate structure, IP and data protection, and also offer vital careers advice to the Ulaw students.
Ed Morris said: “In such difficult times for so many small and start-up businesses, it has been so rewarding to support, advise and make a difference to those who need it. I am so proud to be a part of this new initiative and appreciate the support of the university and Shoosmiths.”
Sophie Warren also commented: “As junior lawyers, we are proud to be helping and supporting businesses in the local community alongside establishing our relationship with The University of Law. We are really excited to be part of the growth of the project.”
The future lawyers from the firm’s Birmingham office sought out the opportunity to become one of the first external law firms to partner with ULaw on its Small Business Advice Line (SBAL).
They now offer pro-bono advice on a large variety of corporate and commercial matters in the monthly virtual clinics where they are supported by aspiring solicitors from the university.
The scheme works with ULaw students making initial contact with potential clients, obtaining information on their issue and setting up the appointments. The trainees and a supervising qualified lawyer from Shoosmiths attend the clinic, review the client’s issue, and provide general legal advice on their position and their options going forward.
This means the students can gain valuable experience drafting attendance notes and discussing legal matters with their Shoosmiths’ advisors. Linking up with SBAL was the brainchild of Shoosmiths trainees Ed Morris, Sophie
Jenny Seymour, pro bono co-ordinator at ULaw added: “We are very excited to be working with the team at Shoosmiths on this initiative.
“The university is committed to providing practical experience to our students to prepare them for successful future careers. This is a great opportunity for them to gain insight into the legal profession and to give back by helping small and start-up businesses.”
DOGS HOME
In thanks for the donation, staff at Birmingham Dogs Home allowed the runners to name one of their latest arrivals (pictured), who is now known as “Thursfields Theo”, or Theo for short.
Dogged and determined runners from Thursfields Solicitors have raised £860 for Birmingham Dogs Home by running the Solihull Half Marathon.
The team including director Stephen Rome, senior associate Simon Hocking and solicitor Sarah Rooney, who all work in the commercial litigation team, persevered through the heat to beat their original target of £130 by miles.
Birmingham Dogs Home is one of three charities voted for by staff at Thursfields Solicitors. The dogs’ home was selected for the second year running, and was joined by Grace Kelly Childhood Cancer Trust and Wings & Paws Animal Rescue for 2022-23.
Birmingham Dogs Home has its next regular “Barking Breakfast Networking” in Birmingham on Friday 16 September and legal assistant Jessica Clavin be attending and talking about Thursfields’ role in the community and its support for the dogs’ home. Details are available at Barking Breakfast Networking Tickets, Fri 16 Sep 2022 at 08:00 | Eventbrite
Trainee solicitors from law firm Shoosmiths are offering free legal advice to charities and small business owners as part of an exclusive partnership with The University of Law (ULaw).
Warren, Zoe Evans, Manisha Punj and Isabella Andrade.
Simon Hocking said: “It was great to be part of the Thursfields team running to support Birmingham Dogs Home. The support from the crowd and marshalls was amazing, as was the generosity of those who sponsored us.”
16 NEWS
16
THURSFIELDS’ RUNNERS RAISE £860 FOR BIRMINGHAM
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SHAKESPEARE MARTINEAU WELCOMES LARGEST EVER TRAINEE COHORT
Wilkinson, who started as trainees in the 2000s when the firm was known as Harvey Ingram.
Corporate partner Lisa said: “I grew up in Leicester always knowing the firm was the best in the city. I was lucky enough to transfer my training contract halfway through and spent 14 months of my two years training with the firm. I received a very good grounding in the area that I wanted to qualify into and have never looked back since I qualified.
Full-service law firm Shakespeare Martineau has welcomed 11 trainees – its largest ever cohort –including five in the West Midlands.
Kiran Kaushal, Katie Parker, Helen Rowland, Lucy Feghhi and Sophie Roberts will be based in the West Midlands, primarily in Birmingham.
Abigail Lynch, Sarah Johnson, Tait Grundy and Sophie Plant have joined the firm in the East Midlands and will be based in its Nottingham and Leicester hubs.
Camilla Uppal will be working from Shakespeare Martineau’s London hub, while Joseph Shields is the firm’s first Scottish trainee and will be based in Edinburgh.
The trainees will undertake four six-month seats in a variety of specialist practice areas across the firm, including real estate finance, commercial property, education, social housing and litigation.
Emily Cupi, early ambitions development adviser at
Shakespeare Martineau, said: “We are delighted to welcome 11 trainees to the firm across a variety of regions, including our first in Scotland, and we are committed to ensuring they receive the very best start to their legal careers.
“Our trainees are our future and make a valuable contribution to the firm. We are proud to support them on their journey to becoming qualified solicitors; they are all extremely talented individuals and I have no doubt they will each be an asset to their teams and the firm.
“We firmly believe in investing in our people to ensure we have the skills and talent necessary to drive the firm’s future organic growth. I look forward to watching them grow and develop as lawyers in their time with us, and I am excited to see what the future holds for them.”
Many of Shakespeare Martineau’s current partners and lawyers qualified through its training contract programme, including partners Lisa Botterill and Andrew
“We have always done a really wide range of interesting work, which has provided me with a varied career and, 21 years later, I am delighted to still be working for some of the same clients I was working for all those years ago.”
Contentious probate partner Andrew added: “Little did I know at the time that the firm I joined would become the firm it is now. I’ve seen extraordinary change, but throughout my time, the firm has supported my growth and development, and I am proud to call it home.”
First-year trainees based outside London currently start on £30,750, rising to £33,000 in their second year. Their peers in the capital start on £40,000, rising to £43,000 in their second year.
Applications for Shakespeare Martineau’s 2025 training contract programme will be opening in January 2023. For further information, please visit www. shma.co.uk/careers/opportunities/ training-contracts.
Greens Solicitors are delighted to promote three of their fabulous solicitors in the firm’s Family and Care Departments to the role of Associate Solicitor. They are Faizan Sadiq, Pia Bhopal and Rafia Altaf and they all deserve this well-earned promotion. The feedback from clients both internal and external, demonstrate that the team go that extra mile to achieve the best outcome for their clients.
Well done, Faizan, Pia and Rafia, your dedication, hard work and commitment has not gone unnoticed!
NEWS
18 birminghamlawsociety.co.uk
TEAM GREENS! PROMOTIONS ABOUND IN FAMILY AND CARE DEPARTMENTS
WHAT ARE CONSUMERS' RIGHTS IF THEY FALL VICTIM TO A BANK SCAM?
2. All of the loss from the use of a credit-token where it has been acquired by a person with the borrower’s consent.
Legal background
Authorised push payment fraud is where a payer is deceived or defrauded into authorising a payment to a criminal. If you are a victim of authorised push payment fraud, you should speak to your banking provider first. Each instance will be dealt with on a case-by-case basis as there is no one-size-fits-all writes Steven McGarry, Commercial Law Barrister at 3PB Barristers who specialises in banking and finance litigation, company disputes, insolvency and professional negligence cases.
Currently, where a payment is executed in accordance with the unique identifier (e.g. account number and sort code), Regulation 90 of the Payment Services Regulations 2017 states that a payment service provider has correctly executed the payment. As such, bank reimbursements are not mandatory.
That said, the Payment Systems Regulator (PSR) and the payments industry have worked together to both prevent fraud, and to develop better mechanisms for reimbursing scam victims. The voluntary Contingent Reimbursement Model (CRM) Code (the Code), which began operating in 2019, has been signed by ten banking groups who agree to voluntarily reimburse APP fraud victims. The Code covers 90% of relevant transactions.
Victims may also be able to get their money back via the chargeback scheme. This is dependent on whether their debit and credit card providers subscribe to the chargeback scheme. The scheme
allows card holders to challenge payments made from their respective accounts through the provider to suppliers. For direct debit payments using the BACS scheme, there is a direct debit guarantee. The real barrier with the chargeback scheme is that it does not presently cater for authorised push payment fraud.
Another route to reimbursement is through the Consumer Credit Act 1974 (CCA), if a transaction has been made using a credit card. Under the CCA, the credit borrower (card holder) is not responsible to the lender for any loss arising from another person who is not acting as the borrower’s agent (be it a friend or family member).
There is another challenge: if a borrower gives their credit card to someone else to make purchases for them, but that individual makes further transactions that the borrower did not authorise, that someone will still be treated as the borrower’s agent. The difficulty is that, to date, “consent” is taken to be the provision of the recipient payment instruction detail.
Section 84 of the CCA states that unless a credit-token (credit card) is lost, stolen or liable to misuse, the card user may be made responsible for:
1. £35 (or the credit limit if lower) for loss arising from the use of the credit-token between the period starting when the credit-token is not in the control of an authorised person and ending when the credittoken is back in their control.
The present position on “authorised push payment fraud” is fluid. The recent Court of Appeal decision in Philipp v Barclays Bank Uk Plc [2022] EWCA Civ 318 has opened the door to potential claims in this area following its decision to overturn a “summary judgment” decision handed down in the High Court. The trial of this matter will take place in 2023. Essentially, banks had no obligation to check whether the “payment instruction” (usually the sort code and account number, or “SWIFT” details etc) matched the name of the recipient. Hence the instruction from paying customer was classed as “authorised” because the customer, although duped, had authorised the relevant transfer to the recipient sort code/ account number, but neither the bank nor the customer had checked that the recipient account matched the name of the payee.
In the Philipp case, the High Court had previously determined that obligation on any bank was to “promptly” effect a payment instruction, and that the payment instruction was based on the account details, excluding the name of the recipient. The Court of Appeal overturned the High Court decision, and held that a duty of care could arise in the circumstances.
Summary
Reimbursement to victims of APP scams remains inconsistent, with many victims continuing to suffer losses without reimbursement. This is in part because some firms have not made voluntary commitments to reimburse victims of APP scams, but also because even amongst firms who have made voluntary reimbursement commitments, there are disparities in how firms interpret their obligations.
In light of this, the government welcomed both the PSR’s Call for Views on APP Scams, and the subsequent Consultation on Authorised Push Payment (APP) Scams, which proposed introducing mandatory reimbursement for APP scams which occur over Faster Payments, as well as other measures to improve fraud prevention.
NEWS
@birminghamlawsociety 19
In association with BIRMINGHAM LAW SOCIETY & THE LEGAL 500 :
A GUI DE TO THE TOP WEST MIDLANDS LAW FIRMS
One of the major national legal publications of the year, The Legal 500, is distributed each Autumn. This important annual research charts the impact of the top legal firms in the UK and is widely regarded as one of the most important publications of its type.
The Birmingham Law Society is the largest and most prestigious Law Society outside of the capital and is a modern, dynamic organisation with a membership of around 5000 Lawyers, Solicitors and Barristers from all over Birmingham and the West Midlands.
The Birmingham Law Society and the publishers of the Society’s membership magazine Bulletin, Fraser Urquhart Media have again joined forces with Legalese, the publishers of the Legal 500, to
publish a special commemorative multipage magazine to review the Legal 500 2023 West Midlands rankings.
Fraser Urquhart Media is delighted to be publishing this, definitive guide to the West Midlands legal profession and the regions legal ‘big hitters* for the fifth year.
Distributed within the November / December edition of Bulletin - the official magazine of the Birmingham Law Society, the Legal 500 special edition will be exclusively sent to 5000 Legal Professionals across our e-zine, social media and email platforms and once again, due to the incredible success of the previous publications, 2000 copies will be produced to be delivered to a hand-picked West Midlands B2B audience.
DISTRIBUTION
MARKET: Birmingham’s top legal brains and members of the Birmingham Law Society. Founded in 1818, today the Society is a modern, dynamic organisation with over 4000 members from all over the West Midlands. It is by far the largest local law society in England and Wales and their 4000 members comprise Lawyers, Solicitors and Barristers.
PRINT CIRCULATION: 2000 copies will be distributed to Birmingham Law Society member firms along with a handpicked business led distribution across Greater Birmingham.
ONLINE: Tablet Ezine and dedicated social media channels.
–personally and
Main Sponsor Package includes : Full colour “In association with” logo branding on front page Double page spread editorial (centre set) Full page advertisement Logo branding on any promotional advertisements. £2500
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professionally. Mike Moloney The Financial Media Sales Consultancy T: 0121 477 5261 M: 07801 849367 E: mike@financialmediasales.com or Fraser Urquhart Media, T. 0116 2533445 M: 07713 740272 E. info@fu-media.co.uk FIND OUT MORE ATsponsorship & ADVERTISING rates Double page spread £1600 - To BE SUPPLIED as 2 x single page pdfs Full page £900 - 297mm high x 210mm wide +3MM BLEED Half page £595 - 136mm high x 190mm wide - NO BLEED All artwork to be supplied as a hi res PDF by MONDAy 10th OCTOBER 2022 WEST MIDLANDS Sarah Baugh FBC Manby Bowdler LLP David Doogan Neville Gray Gowling WLG Lawyers Limited Richard Morgan Gateley Plc Shakespeare Martineau LLP Chris Plumley THEWESTMIDLANDS Kevin Styles George Green LLP Claire Waring Wright Hassall LLP Martino Giaquinto Craig Ridge Higgs LLP John Campion Higgs LLP Wright Hassall LLP Shakespeare Martineau LLP LEADING INDIVIDUALS COUNTIES OF SHROPSHIRE, STAFFORDSHIRE AND WARWICKSHIRE RecordRankingsfor CornwallStreetBarristers Thisyear’sLegal500featuresarecord-breakingsevenbarristersfrom CornwallStreetBarristersrankedoverninecategories. Theachievementcomesontopoffurtherexpansionforthesetwith MaidstoneChambersbecomingpartofCornwallStreetBarristers earlierthisyear.ThesetwillcontinuetoofferamixofFamily,Crime andCivilexpertisenationwidefromofficesinBirmingham,Oxford andMaidstone. ContactJamesFarmer,ChiefExecutive,on 01212337500 oron j.farmer@cornwallstreet.co.uk As the impact Covid continues to be felt all types. diversity talented professionals who’ve overcome Street Barristers delighted rank among them and 2021 has been year rapid and positive change receipts are now exceeding pre-pandemic levels. with many other practices across the country, Not only has Cornwall Street achieved record support its members through the pandemic; Oxford, and Maidstone. This strategic move creates Supported by the long-established Birmingham base, they may be based. including: problem-solving approach, compassionate towards the clients. Excellent drafting steps, and clear note on reassuring, and thoroughly Peter Glenser QC: opponents have come but with equal vigour against because he immediately liked both demonstrate his flair in defence context.’ Leading highly skilled advocate, unflappable. She definitely Licensing, London expert.” Leading Junior, Business Regulatory Crime, organised and efficient and never on the back foot.” CORNWALL STREET – CELEBRATING SUCCESS AROUND THE REGION WEST MIDLANDS
FACTS
WEST MIDLANDS Smita Jamdar Shakespeare Martineau LLP DLA Piper Jane Fielding Gowling WLG Richard Santy Charlie Frost Squire Patton Boggs Gowling WLG Gowling WLG Anthony Collins Solicitors LLP Sydney Mitchell LLP Tracy Cross Ruth Armstrong Gateley Plc Amy Flavell Anthony Collins Solicitors LLP Emma King Paul Carberry Gowling WLG TPhilip Edwards Andy Shaw Higgs LLP Stephen Nye Lanyon Bowdler James Harvey Ken YoungKeoghs David Gooding Paul Knight Anthony Collins Solicitors LLP Jacqueline Knox Gowling WLG Gowling WLG
REGULATION
CLOSURES, MERGERS & ACQUISITIONS
With uncertain economic conditions ahead, energy costs and problems over obtaining affordable indemnity insurance many small firms and, in particular, sole practitioners are considering closing or selling their practices or merging with another firm. This is not something that can be done lightly – or quickly. Jayne Willetts Solicitor Advocate and Bronwen Still Solicitor Consultant both of Jayne Willetts & Co Solicitors Limited, look at some of the main regulatory considerations which should be part of the planning process.
Closing down
The SRA will expect an orderly wind down. Its main concern is that clients are not in any way prejudiced and that client confidentiality must be paramount throughout the process and following closure. You will need to complete an SRA Firm Closure Notification Form and this will help
– CHANGING TIMES
as a prompt as to the many issues you need to deal with. The SRA has also issued guidance on this subject here.
The Law Society Practice Note updated on 3 August 2022 is also helpful here.
Key matters for consideration are these:
• Notifying clients. This should be done as soon as a decision to close has been made. The needs of each client will need to be carefully considered such as the best time to transfer an active file, especially if litigation is ongoing.
• Client files. These need dealing with in accordance with client consent. Closed files will need to be stored securely for as long as necessary.
• Client deeds, wills and other documents. Where these are in storage, the clients concerned should be contacted so that future
arrangements can be agreed. Where this is not possible, secure storage must be arranged.
• Undertakings. Any which are likely to be outstanding at closure need to be identified and plans made for how they will be dealt with.
• Client account;
o Balances held for clients you have lost contact with need identifying. You will need to start taking appropriate steps to deal with them in accordance with rule 5.1 (c) of the SRA Accounts Rules.
o Where you are holding money for ongoing matters, you need to be clear about how you will account to the clients. Will the money be paid to them or, with their consent, to another firm?
o How will you deal with client money that is received after closure?
• Indemnity insurance. You need to
22 birminghamlawsociety.co.uk
REPORT
approach your broker as soon as you decide to close to get a quote for run off cover. This is one of the most difficult issues for most closing firms and is covered in more detail below.
Closure and the aftermath
The SRA Closure Notification Form can only be filed with the SRA within 7 days of closure actually happening. This is presumably so that the SRA can get an accurate a picture as possible of all the closure arrangements immediately prior to cessation. A date when authorisation is to cease will then be agreed with the SRA.
After authorisation has ceased it is important that no further client work is carried out and that the entity is not held out as practising. This means that you must not, for example, respond to enquiries from a court or the Land Registry about a client’s affairs other than to say that you are no longer acting. Any further use of the firm’s notepaper in tying up ends must make clear that the firm is no longer practising.
There is, however, nothing to stop you dealing with administrative matters, such as submitting bills of costs and accounting to clients for money held or arranging for the disposal or storage of client files and documents.
Indemnity Insurance
Your insurer must provide run off cover for 6 years after the expiry of your policy. In the event of a claim arising after closure, it is worth bearing in mind that you will remain liable for any excess under the terms of your policy. Run off cover is the bug bear for many closing firms where adequate provision has not been made to pay for it. There are also situations in which closure may be abrupt due to due, for example, serious illness and insufficient money being available. It is, however, always worth negotiating with your insurer over the sum requested. It is clear in a number of cases that insurers take the view that it is better to have some money than none. Nothing, however, is guaranteed and it is up to you to try to make a realistic offer as part of the bargaining process.
Those who cannot pay some or all of the money required for their run off cover may have concerns about the SRA’s approach to the situation. Is the SRA likely to consider this a disciplinary situation? For obvious reasons the SRA will never rule this out although the available evidence suggests little action has been taken in recent years against defaulters. Anecdotally, the SRA’s approach seems to be that there is little point in pursuing those who have no money and have made attempts to pay what they can. However, if an individual wilfully refused to pay that might interest the SRA.
Once your policy has expired, it may be possible to arrange short term additional cover for, say, one month, tie up loose ends or to conclude a merger deal. If you are unable to get new cover and remain practising, your insurer is obliged to provide 90 days additional cover. This comprises an “extended policy period” of 30 days during which you can continue practising normally whilst looking for a new policy, followed by a “cessation period” of 60 days when you must not take on new clients and must wind down the practice.
If you enter these periods, you must immediately inform both your insurer and the SRA. Reference should be made to rule 2.2 and 2.3 of the SRA Indemnity Insurance Rules.
Merging or selling to a successor practice
This is the ideal solution for those who want to close their practice as it provides a safe haven for clients who, if they consent, can have their matters and money seamlessly passed to another authorised firm. Again, client confidentiality is paramount and files and money cannot be transferred without client consent. It also means that, with the consent of the acquiring firm’s insurer, the need to pay run off cover is avoided as the liabilities are assumed by that insurer. There is a lengthy definition of “successor practice” in the SRA Glossary and anyone who is in doubt about whether they to be a successor practice should read it carefully. This can be a surprisingly contentious issue.
Firms involved in a merger or acquisition must complete a notice of turnover apportionment form. This identifies the successor firm and the ceding firm and must be filed with 28 days of the succession taking place. The form must record a figure which has been agreed between the firms as to the turnover of the closing firm at the date of succession. This enables the SRA to apportion the periodical fee payable to it for that year. There is SRA guidance on this - SRA | Notify us about turnover apportionment - submit a notice of turnover apportionment | Solicitors Regulation Authority
Final thoughts on timing
Plans for significant changes in a firm’s structure must start well in advance in order to avoid a lastminute panic. Clients, insurers, other law firms, courts and other professional organisations will not have the same incentive as you to progress matters in a timely manner so the earlier you begin the better.
Also remember that once the change has taken place, there is a myriad of administrative tasks to complete which continue for many months even years. It is a lengthy and time-consuming project and the commitment should not be underestimated.
@birminghamlawsociety 23 NEWS
HOW DRY CONDITIONS CAN LEAD TO SEVERE FLOODING
Following a period of hot and dry weather, why have we seen such dramatic flooding? After weeks of drought conditions during the height of summer, we have seen the weather change rapidly to long and heavy showers which can have significant impacts on people and property.
July was a particularly hot, dry month. Temperatures exceeded 40°C for the first time on record and several wildfires were recorded. It was the driest July across England since 1935 and the driest July on record for East Anglia, southeast and southern England. From January to July 2022, the UK had experienced just 69% of the average rainfall levels, which led to a drought status in 8 of the 14 areas in England.
However, this period of dry weather shifted in mid-August. Low pressure systems began to dominate our weather, resulting in significant spells of rain and reports of thunderstorms which have been observed across the country over the past week. This sharp transition from excessively dry conditions to wet weather often leads to flash flooding and the pooling of water. But why is this the case, when the ground is at its driest and starved of water?
The drying of soils causes them to harden and become less receptive to the absorption of water, which leads to far higher levels of run off. This video features an experiment carried out by University of Reading meteorologist
Dr Rob Thompson, which shows the effects a heatwave can have on soil absorption rates. This process is exactly what we have witnessed over the past week, with examples of flooding across many regions of the country. Worksop in Nottinghamshire recorded 93mm of rainfall during a three-hour period between 5pm and 8pm on Tuesday 16th August 2022, almost twice the average monthly rainfall of 54mm. This combination of unusually high levels of rainfall and extremely dry ground conditions caused flash floods which affected at least 30 homes and business premises in the region. In addition, an eight-foot-wide sinkhole was reported in a Matalan car park.
Flash flooding was also observed in the south of the country, resulting in train station closures and flooded roads in London. Similar conditions were also noted in Kent and Sussex. In addition, heavy rain overwhelmed sewage systems, leading to pollution warnings at more than 40 beaches and swimming spots in England and Wales.
Landmark Information Group use modelled data from leading flood risk data providers, including JBA Consulting, the Environment Agency and Geosmart to identify areas potentially at risk of flooding from several sources (including river, coastal, surface water, and groundwater).
Potential depths and extents of flooding are used to determine risk ratings for a given property/site. This
data is checked and corroborated by a qualified consultant at Argyll Environmental to inform you of the potential risk from flooding. We cannot reiterate how important this is to a flood risk assessment. When providing a risk assessment for a property, data should of course inform the decision, however a qualified consultant should make it.
To those that think all flood assessments are the same, the Law Society specifically warns in their practice note that this is simply not the case.
As consultant assessments are much more accurate than automation, our flood reports are not fully automated. This is at no extra cost to your clients and built into our processes to also stop any delays. Only from Landmark do you get this level of service, interpretation, and accuracy for residential flood searches.
Why not ask your current supplier this simple question, “Does a consultant look at the flood assessment in your report before you send it to me?”
If you are not using Landmark for your flood assessments and you want to understand more, click here.
birminghamlawsociety.co.uk
24 OPINION SPECIAL FEATURE
1 in 6 properties in the UK are affected by flooding
0844 844 9966 | helpdesk@landmark.co.uk | landmark.co.uk/legal-conveyancing
THE TECHNOLOGY THAT POWERED THE 2022 COMMONWEALTH GAMES
‘throw’ the ball across the pitch or to execute what are known as ‘3D’ skills, where the ball is lifted and dribbled through the air. The angled back face of the stick allows the player to place their stick further underneath the ball and provides support to help the player lift the ball more effectively.
Emma Palmer, senior associate patent attorney at Forresters in Birmingham, said: “This example demonstrates that no matter how small a design change may appear, it may still be worth protecting. The patented 3D head design has enabled Adidas to become a dominant force in the hockey stick market, by producing a match-winning design that its competitors can’t copy.”
The development of the starting blocks used in track athletics followed a similar course, where an otherwise simple piece of equipment has been improved by technology which has heavily influenced the role the equipment plays in modern athletics.
In 1929 Australian athlete Charlie Booth and his father created a set of wooden T-bar starting blocks. At the time it was common for athletes to turn up to a race with a trowel, so they could dig shallow foot holes.
When word got around that Booth had gained an advantage using the blocks he was promptly disqualified for life. However, after a few weeks, the ban was overturned and the rising influence of starting blocks in international athletics had begun.
As Birmingham looks back at the success of this summer’s Commonwealth Games, patent attorney at Forresters, Emma Palmer, look at some of the inventions that have helped change the sporting world.
Technology is now widely used in many sports to assist officials in making crucial decisions. Computer sensors can detect when an athlete has made a false start to within fractions of a second and cameras can spot when a ball has crossed a goal-line in football or a baseline in tennis.
Behind the advances in technology, many of which will be on display in the different sports at the Commonwealth Games, are patented inventions which can be ground-breaking new systems, but are more commonly improvements to existing designs.
Take the humble hockey stick. You may think that a hockey stick has always been a standard design of a curved head and straight shaft, but over many years the design of the hockey stick has changed due to improvements in technology, and changes to the rules. Often it has been the well-known sports brands that have driven these design changes in an attempt to gain a foothold in the market. This has led to a number of patents being filed, as companies seek to cement their presence in the market.
In 2017 Adidas introduced what they called the “3D head” and successfully patented its innovative design. The Adidas 3D head is different because it has an angled back face compared to a more traditional design.
An important skill in the modern hockey game is the ability to lift the ball off the playing surface, either to
Typically, the starting block device is made of two support blocks, one for each foot or prosthetic blade with a bar connected to a base which allows the blocks to be adjusted. A patented design of starting blocks by the manufacturer Swiss Timing has the force sensors usually found on the support blocks moved to the rear of the base assembly. The benefit of this change in sensor position is to give a more accurate indication of a false start. This signal is calculated within an electronic processing unit, also located within the base assembly. The unit processes data collected by the force sensor, in conjunction with the race starting signal, to determine the athlete’s reaction time.
The athlete’s reaction time is compared to a predetermined threshold set by the race starting device, to calculate whether an athlete made a false start. This is backed up by a buzzer or light indicator located at the rear of the blocks so officials and spectators alike can spot the infringement.
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OPINION
Many sports have been grappling with how to utilise technology to make sport fairer, by aiding the referee or umpire in their judgement.
One of the trickiest decisions a cricket umpire must make is whether or not to give a “leg before wicket” (lbw). This denotes instances where a batter is struck directly on their leg (or body) by the bowled ball, and the umpire must then make a pressurised decision as to whether the ball would have otherwise hit the stumps.
In 2000, Roke Manor Research filed a patent application for a videobased system, Hawk-Eye, which helped analyse the flight of the ball. The application focused on imagebased data, which was used to assess the likely path of the ball had it not hit the batter. Although no doubt an interesting insight for TV viewers, there are significant drawbacks to relying on purely video images which hindered the system from becoming a tool for helping to make umpiring decisions. Namely, the system won’t work if the ball is obscured from the camera and it cannot distinguish between types of impact.
However, Hawk-Eye was updated to include analysis of the sounds of impacts during play. A patent application for this improvement was filed in 2003. Coupled with the use of video, this enabled a more precise location of the “event” – such as an lbw impact. Microphones are used to detect audio signals which, when correlated with the video images, can be used to determine the distance from the microphone that an event occurred. When many microphones are used at the same time, additional data ensures that the exact location of the event or impact can be given.
The development of Roke Manor Research’s patented system to make use of both video and audio analysis now makes it a vital part of the decision review process at major cricket matches.
Emma Palmer said: “It is clear to see improvements in technology really influence results in modern sport.
As the margins between winning and losing become ever tighter, technology can work to the benefit of sportspeople, officials, and spectators by improving the essential pieces of equipment used in the sports we love.”
COMMITTEE EVENTS ANNOUNCED FOR PRO BONO WEEK
The Birmingham Law Society Pro Bono Committee are delighted to announce two events to celebrate National Pro Bono Week 2022 (7th to 11th November 2022).
Welcoming in Pro Bono Week: Breakfast at No 5 Chambers
Date: Monday 7th November Venue: No 5 Chambers, Fountain Court, Steelhouse Lane, Birmingham B4 6DR
Please join us for breakfast networking [time TBC] and with an official welcome from Tony McDaid.
The President of the Birmingham Law Society, the Pro Bono Committee and No 5 Chambers warmly invite you to an informal breakfast to launch Pro Bono Week 2022 in Birmingham.
Join our incoming President Tony McDaid for a breakfast event to bring together our local legal community for a morning of networking and idea sharing for pro bono in the city. This event will be a celebration of the work done by members of our legal community this year, as well as a chance to reflect on the year and look forward to how we can best contribute to access to justice, here in Birmingham and beyond, as the needs in the city evolve.
Pro Bono Week Event – The Climate Crisis is Real – What can lawyers do to help?
Date: Wednesday 9th November
Venue: Gowling WLG, Two Snowhill, Birmingham B4 6WR
Time: 17:30 registration & networking, 18:30 speakers, 20:00 close Speakers from The Environmental Law
Foundation (ELF) and Fiona Nicholls, Head of Sustainability and Assurance at Gowling WLG. Further speakers to be confirmed.
For Pro Bono Week 2022, the Birmingham Law Society Pro Bono Committee invites our legal community to an important and insightful evening event. This event is kindly hosted by Gowling WLG.
This year’s event will focus on climate change and environmental issues, exploring the real impact our pro bono contribution can have in supporting communities and people dealing with environmental threat. The Committee is delighted to host a line-up of fantastic speakers to share their experience and ideas for this event.
So many of us are deeply concerned by the environmental challenges we are all facing and struggle to know how to make a difference. This evening event will explore how lawyers, both as businesses and as individuals, can use our legal skills, commercial experience and influence to make a genuine contribution.
We hope this will be a fascinating and eye-opening evening for firms, chambers and practitioners throughout the Midlands who are keen to discover how pro bono, perhaps as part of a wider responsible business strategy, can be part of this.
Registration details for both events will be circulated soon. Both events are free of charge, but places will be limited.
OPINION
PARALEGALS HELPING A CLIENT THROUGH THE STAGES OF GOING TO COURT
Sometimes there is no other choice but to take a civil case to court. Help from a paralegal practitioner can be incredibly useful to a litigant in person (LIP), but that help is limited by what is and what is not permitted according to the activities that are reserved for solicitors and barristers only writes Amanda Hamilton, CEO, National Association of Licenced Paralegals (NALP).
There are six main reserved activities: the exercise of a right of audience; the conduct of litigation; reserved instrument activities; probate activities; notarial activities; and the administration of oaths.
This does not mean that a paralegal cannot be an asset in a case being pursued by a LIP client. For example, a paralegal cannot ‘conduct litigation’, meaning that they are not able to be an agent of a client and receive service of documents or letters on their behalf, nor can a paralegal sign or file court documents on a client’s behalf. However, a paralegal can assist their LIP client by completing forms and draft documents on their behalf and by guiding the LIP client through procedures and processes, explaining relevant deadlines and responsibilities, etc.
First things first
The first step in a civil action, is to comply with Civil Procedure Rules and this means that the other party (the potential defendant) must be sent a letter describing what the issues are and what is required to resolve them,
28 OPINION
T U N J I S O W A N D E W A S A P P O I N T E D B R I T A I N ’ S F I R S T B L A C K J U D G E I N 1 9 7 8 “ J U S T A N O R D I N A R Y L A W Y E R ” I S T H E T I T L E O F A S T A G E P L A Y W R I T T E N A N D P E R F O R M E D B Y T A Y O A L U K O , D E P I C T I N G S O W A N D E ’ S E V E N T F U L J O U R N E Y T H R O U G H B R I T I S H S O C I E T Y A N D T H E L E G A L P R O F E S S I O N H I S L I F E D E M O N S T R A T E S T H E A B I L I T Y O F I N D I V I D U A L S T O A C H I E V E T H E I R G O A L S , S O M E T I M E S I N T H E F A C E O F A D V E R S I T Y . J U S T A N L A W Y E R O R D I N A R Y 1 7 O C T O B E R 1 7 : 3 0 R E C E P T I O N | 1 9 : 0 0 P L A Y T H E S T U D I O , B I R M I N G H A M R E P T H E A R T R E 6 C E N T E N A R Y S Q U A R E , B I R M I N G H A M , B 1 2 E P B O O K Y O U R T I C K E T S : H T T P S : / / B I T . L Y / 3 U E L V G Q SPONSORED BY
WHAT CAN BE DONE TO OVERCOME THE CHALLENGES OF RISING LABOUR COSTS AND INFLATION IN CONSTRUCTION?
Other options include using bespoke mechanisms to allow for a change in the price for certain elements or materials in the works, although most employers will seek to limit these to specific and key-risk items of works.
So is it likely that more contractorfriendly forms of contracting – for example “cost plus” and “cost reimbursable” - are going to become more popular in the UK?
With UK inflation having risen above 9 per cent, it would be short-sighted not to predict that this is likely to cause significant issues for construction projects that are currently live and planned over the next few years writes Mark Christie, senior associate at Clarke Willmott.
Most obviously, the price increases in fuel, energy, and raw materials will have a knock-on effect on tender prices and contractor’s costs over a project’s lifespan.
There is no unanimous consensus among economists on what is causing the high levels of inflation, but many theories attribute it to product shortages caused by global supply chains – largely the aftermath of the Covid-19 pandemic and the war in Ukraine. The latter has led to an increase in prices of oil-based products such as asphalt and diesel.
Within the construction industry the impact has been felt severely as supply chain issues, increased demand after the Covid-19 “reopening”, shipping and other production issues have led to predictions that inflation in the construction industry is likely to reach 10 per cent this year.
The Financial Times has also reported that there has been a huge increase in UK property companies filing for insolvency in the back end of 2021, with companies who took loans to fund speculative development projects prior to the pandemic said to be particularly at risk.
The government moratorium on winding up petitions during Covid ended in 2021 and funders and lenders are no longer hamstrung by that restriction. If a developer goes into
insolvency, there are then likely to be financial implications for their wider supply chains.
How will this impact the industry?
The obvious answer is that rising costs could prevent projects being funded and given the green light in the first place. It is also quite possible that wellfunded or cash-rich employers may decide to commence projects as they soon as they can to try and tie down their costs, rather than waiting for prices to continue to rise.
More and more contractors will currently be trying to balance the twin desires of trying to secure pipelines of future work and getting work through the door, along with the desire not to be caught in long term fixed-price contracts which are likely to cause them significant losses if the current costs in the market continue to increase. Contractors would be wise to look to try and negotiate the inflation, fluctuation and fixed costs elements of their contracts immediately.
With suppliers and subcontractors reportedly holding their price for 24 hours, any contractor signing up to a fixed price contract without also securing their supply chain on backto-back terms could be creating significant future cashflow and profit problems.
We are already seeing significant amendments to the standard form JCT (Joint Contracts Tribunal and NEC (New Engineering Contract) contracts, which traditionally have envisaged little scope for the contractor to claim for increased costs due to market changes. Common changes include amending the extension of time and loss and expense provisions to include relief for contractors.
We are not seeing this currently and employers are unlikely to agree to take on most or all of the risks of inflation and price increases on projects. More likely is that current forms of contract, such as the JCT Design and Build, will be amended to include mechanisms whereby the parties can negotiate price increases in certain situations. This is not dissimilar to the Brexit and Covid clauses which many parties included, which tried to apportion the risk of those issues impacting the timing and price of delivering projects.
An alternative form of procurement which might become more common in the current market is “target cost contracts” which will include a “pain/ gain” mechanism, where the parties agree to share the pain of cost overruns, and the gain of efficiencies or savings – thereby aligning their commercial interests more closely.
The NEC Suite of Contracts has secondary option X1 on price adjustment for inflation. This is an option on all NEC4 contracts and can relatively easily be included. This is normally linked to a “base date” –typically around the tender submission date – and then there is a price adjustment factor based on changing values of a prices index or indices which are set out in the contract.
Employers should be careful when choosing the appropriate price index as they can be general (ie UK consumer prices index/ retail index) but those won’t be construction specific. It would be more appropriate for employers to try and use indices for the specific labour, materials, fuel and equipment used on the project itself –which would provide a better model of inflation.
What about contracts which are already formed and live?
We are seeing more parties attempt to renegotiate the terms agreed and enter into deeds of variation reflecting revised prices and terms. Employers are being placed in the invidious position
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OPINION
where their supply chain is telling them they simply cannot provide the works for the pre-agreed fixed price. The employer is then faced with a commercial decision as to whether to renegotiate the contract or else risk contractor insolvency and having to retender the works in the 2022 market.
Most employers when faced with that decision will prefer to work with their current supply chain, as it is quite unlikely that they are going to be able to find a cheaper alternative contractor. Re-tendering is also likely to lead to severe delays.
As ever, early engagement and negotiation between the parties on projects will be essential to successfully navigate this difficult situation. Any contractor would be well advised not to unilaterally cease works or demand price increases where they are not contractually entitled to do so, as this is likely result in a repudiatory breach of contract and/or economic duress on the part of the contractor.
It would also be naive to think that the current labour disputes and industrial action won’t potentially spill over into impacting the construction industry. Unite the Union recently submitted a demand for a 10 per cent pay rise to the Construction Industry Joint Council.
As the cost of living increases, many unions representing workers in the construction industry are likely to consider industrial action if industry bodies do not agree to their demands for inflation-linked wage increases. The industry bodies will be seeking to try and find a balance between the longer-term health of the industry with supply chain and labour demands.
Most forms of contracts allow contractors an entitlement to an extension of time for industrial action and strikes, provided that the strike doesn’t only impact the contractor or specific site. Therefore larger scale industrial action across the industry as a whole is quite likely to provide contractors with entitlement to extensions of time, but not additional loss and expense or costs.
Rising levels of inflation will continue to cause significant issues and risks for everyone working in the construction industry. Employers, contractors and the wider supply chain are likely to going to have difficult conversations and difficult decisions to make. They will need to work together in good faith where possible to try and limit the negative impact on the projects in which they are involved.
For more information visit www.clarkewillmott.com
DATA SUGGESTS CONVEYANCERS MISSING OUT ON BIGGEST DIGITAL OPPORTUNITIES
An early read of the data from the Digital Conveyancing Maturity Index points to the highest levels of digitisation among post-completion tasks, while pre-completion and client onboarding are significantly trailing in terms of their digital maturity.
The research by InfoTrack, that is still running, is being created with data submitted by Law Society, CQS, CLC, SLC, LawNet, The Conveyancing Association, and Bold Legal Group members. It enables them to assess their progress and benchmark themselves against similar firms and their wider competition.
Post-completion is leading the way with approximately one third of law firms attaining the highest possible level of digital maturity in this area. The trend towards fully digitising post-completion tasks aligns with the current HMLR mandate shifting firms to digital AP1 submissions from November. However, the
initial data also indicates the huge room for improvement from client onboarding and throughout the bulk of the conveyancing process.
“The increasing digitisation of postcompletion is great but the missed opportunities in what are the most time and labour-intensive aspects of the conveyancing process are staggering. At this point precompletion looks like it’ll be the least mature area. We’re talking about technology that’s freely available that would save a busy conveyancing team days, weeks, or even months over the course of a year though efficiency and accuracy gains.” comments Sam Jordan, InfoTrack COO.
Law firms can complete the Digital Conveyancing Maturity Index survey in approximately 10 minutes here.
The reports are free and completely confidential.
OPINION
THE IMPORTANCE OF FINANCIAL WELLBEING
Financial wellbeing is a hugely important topic and an area that we at Brewin Dolphin have been focusing on for several years. In very simple terms, financial wellbeing is about taking control of your finances so that you feel more secure about your overall financial situation.
Financial wellbeing in the UK
We undertook a survey with The Lawyer magazine in February 2020 and found that of the nearly 500 respondents working in the legal profession, spanning all career stages, 94% stated that their finances caused them some degree of stress and 65% thought they were not saving enough for their long-term plans.
These findings are supported by other pieces of research. For example, in a 2017 survey by the Money and Mental Health Policy Institute , which was founded by Martin Lewis (the man behind The Martin Lewis Money Show and MoneySavingExpert website), one in five employees said they were ‘just about managing financially’. Given that these surveys were carried out before the pandemic and current cost-of-living crisis, the figures could be even higher today.
More recently, SalaryFinance’s survey of 1,000 people in April this year found that 51% of respondents said they worry about their financial situation every day of the week, up from 26% in the previous year’s survey. Of those, 23% worry multiple times a day. According to the research, this translates into 38.9 million hours being lost each week in the UK to poor financial wellbeing, with an associated cost to businesses of £28bn.
Supporting employees
There are very good reasons, both from an employee care perspective and a corporate profitability perspective, to make sure colleagues are supported as much as possible in taking control of their finances. This support could be provided in a variety of ways, including
• Educational seminars
• One-to-one coaching sessions
• Updating and ensuring you provide good benefit and support packages
Our research with The Lawyer magazine found that one of the key barriers to solicitors and their colleagues taking control of their finances was lack of time. However, delaying saving even small amounts of money into a pension can be hugely costly, so it is well worth encouraging employees to speak to a financial adviser about their current position, aspirations for the future and steps they have in mind to get there.
You could also consider signposting employees to the various online tools that are available to them; this could be useful in giving them an insight into their finances, which would then help to focus any subsequent conversations with a financial adviser.
Steps to better financial wellbeing
At Brewin Dolphin, we partner with firms to provide financial wellbeing programmes that are unique to each firm, taking into account what is happening in those businesses during the year. Some of the points which I believe are pertinent to everyone include:
1. Have an emergency fund to cover at least six months’ worth of essential expenditure for your household. This could help you pay for a large, unexpected bill or see you through a bout of unemployment.
2. Consider investing any money over and above your emergency fund in the stock market to protect against inflation, provided:
a) these can remain invested for five years, preferably ten years, and
b) you’re comfortable with the fact that during the investment period there will be some rollercoaster moments and you will have to hold your nerve.
Cash versus equities – real returns April 1999 to April 2022
Source: Brewin Dolphin / Refinitiv Datastream. Real returns are calculated using the UK consumer prices index. Interest rate used on cash is one-month SONIA. Investment returns assume fees of 0.5% per year and that dividends are reinvested. Neither simulated nor actual past performance are reliable indicators of future performance.
3. Start a savings habit! Just do it, and start small if needs be. Consider switching some of your eating out/takeaway spend into monthly savings.
4. Reinvest your dividends! If you don’t need the income, reinvest it and give it the opportunity to grow so that you have a bigger pot when you do need it.
The power of reinvesting dividends
Source: Brewin Dolphin / Thomson Reuters. Comparison of the FTSE All Share Total Return Index and FTSE All Share Price Index. Performance is quoted before charges which will reduce illustrated performance. Neither simulated nor actual past performance are reliable indicators of future performance.
Please do get in touch if you would like some help with taking control of your finances or this is an area that you would like to address for your employees.
Kirsty Cartwright, Investment Manager, Brewin Dolphin
The value of investments, and any income from them, can fall and you may get back less than you invested. Neither simulated nor actual past performance are reliable indicators of future performance. Information is provided only as an example and is not a recommendation to pursue a particular strategy. Information contained in this document is believed to be reliable and accurate, but without further investigation cannot be warranted as to accuracy or completeness. Opinions expressed in this publication are not necessarily the views held throughout Brewin Dolphin Ltd.
Brewin Dolphin Limited is a member of the London Stock Exchange. Brewin Dolphin Limited is authorised and regulated by the Financial Conduct Authority (Financial Services Register reference number 124444). Registered Office; 12 Smithfield Street, London, EC1A 9BD. Registered in England and Wales - company number: 2135876. Vat number: GB 690 8994 69. Brewin Dolphin Limited GIIN: 6J5L79.00000.LE.826.
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OPINION SPECIAL FEATURE
EU SPEED LIMITERS ALONE WILL NOT TACKLE SPEEDING ON UK ROADS, SAYS DRIVING OFFENCE SOLICITOR
ISA technology will record all speed data. In the event of a road collision, the police will be able to have insight into driving behaviours prior to the incident.
“It’s already possible to calculate drivers’ speed through a collision reconstruction report. This is based on factors such as vehicle damage and road markings, with certain cases using video footage. In fatal road traffic incidents speed can be calculated from throw calculations,” explains Manjinder.
A legal expert who specialises in driving law has said that any new speed limiting technology must be supported by other initiatives to reduce speeding, following the introduction of Intelligent Speed Assistance (ISA) technology in the EU.
The new EU regulations have been brought in to boost road safety by keeping cars within the speed limits. From July 6 2022 onwards, it is mandatory for all new cars, vans, lorries and buses brought onto EU markets to be fitted with speed limiters. It remains to be seen whether these will be adopted by UK government.
“Any developments which proactively promote road safety should be welcomed,” says Manjinder Singh Kang, director and solicitor at Kang & Co Solicitors and member of Birmingham Law Society. “Reducing speeding has benefits beyond the safety aspect too. From a climate perspective, driving smarter and slower reduces emissions. However, I fear that ISA systems do not go far
enough in stopping speed merchants and catching careless drivers.”
The new devices use GPS data and cameras to identify the speed limit of a road and notify drivers of a breach via a number of methods, including acoustic/vibration warnings and haptic feedback. Under the EU regulations, ISA will be active by default, however, drivers can turn the systems off at the start of each journey. The system can also be overridden during a journey if the driver pushes the accelerator with enough force.
“ISA systems are certainly a step in the right direction and, from a safety perspective, it is important that drivers have full autonomy over their vehicle and are able to override the limiter. However, drivers of the new cars will not be automatically reined back and are still responsible for adhering to the speed limits. Moreover, they could choose to simply deactivate the technology at the beginning of a journey meaning they will not be alerted,” explains Manjinder.
LEGAL AWARDS WINNERS 2022: IN CONVERSATION
win on the night with my friends and colleagues. I also extended the celebrations with friends and family at the local pub.
SAMANTHA ROSS PARALEGAL OF THE YEAR
How have you celebrated your win? I celebrated the
Is there anyone that you would like to thank who has been instrumental in your success? I would like to thank my colleagues, friends and family for all of their support throughout my Apprenticeship. Balancing work and studying is challenging, but it is more
“So arguably there is no added value from ISA. Plus, almost every person will breach the speed limit at one point in their journey. If legal action is required for every instance, then the justice system will be crippled. Clarity or criteria over which cases will be dealt with, and how, is required.”
The ISA technology is also only mandatory for all new models launched after July 6 2022. Cars already launched and in showrooms will have until July 2024 to be fitted with an ISA.
“As the new legislation won’t affect current cars on the road, questions will be raised as to whether people will be deterred from buying a new car,” Manjinder adds. “It would not be unreasonable for consumers to delay such an investment if they do not fully understand the technology and how it works. That’s why I strongly believe that public education is an essential next step. More can be done to educate drivers on the dangers of speeding but also to create awareness of the new technology and how it works.”
For more information, please visit www.biriminghamlawsociety.co.uk or kangandco.co.uk.
than achievable with lots of support inside and outside of work.
If you had to make an elevator/twitter pitch about your day to day role what would it be? My day to day role involves defending NHS Trusts and GP’s against medical negligence claims from “cradle to grave”. I work on multi-million pound litigated cases and also low value pre-action files. No two cases are the same and
I am constantly learning new things every day, especially with all the medical terminology.
What has the pandemic taught you? The pandemic has personally taught me how to transition from faceto-face tuition and exams, to distance learning and remote exams. It has also taught me how invaluable office based interactions are, especially as a junior who is still at an early stage of their career with so much more to learn.
OPINION
QUILL’S INTERVIEW WITH RACHAEL GENT, MANAGING DIRECTOR, GENT LAW
gap in the market for a different type of law firm offering in our area. The two of us became business partners.
The experience gained at my earlier employers gave me the knowledge and confidence to apply my learnings and do it for myself. Gent Law was born and the rest is history.
Describe the start-up process and how you overcame any challenges along the way.
The most difficult part was submitting for SRA approval. Even more so as we’re an alternative business structure. Regulatory approval took twelve months almost to the day. We used professional consultants from the get-go to help us secure SRA accreditation as well as compile policies and compliance documents. We now have an ongoing relationship with these same consultants for risk management training, and I would definitely recommend investing in hiring a consultant to speed things along.
We used the twelve months to our advantage by really thinking about what we wanted, finding office premises, securing professional indemnity insurance, sorting our banking provider and putting our infrastructure in place.
LAW FIRM START-UP TIPS: ONE YEAR LATER
In Quill’s recent ‘Starting a law firm: Lessons to survive your first year’ webinar, Managing Director Rachael Gent, who started Gent Law in her dining room, shared her tips with her fellow female panellists on how budding entrepreneurs can launch their own legal practice.
Quill caught up with Rachael to find out her story from studying in law school, to working for a large conveyancing firm, to moving to a smaller entity, to setting up Gent Law, to juggling a busy career with parenthood. Here’s her story…
How did you get started in law?
Children are often asked what they want to be when they grow up. While others were talking about being a doctor or a policeman, I was immediately drawn to law. Ironically though, I chose to study criminology and law but hated my first year. I decided, before I changed career paths, I would spend some time at a law firm first.
Luckily, this was back in 2007 when the housing market was booming and a large conveyancing firm agreed to take me on as a conveyancing assistant. I ended up working during the day and going to law school in the evening. This employer was a huge advocate for me and paid for my courses. I came out of university with four to five years of solid legal experience behind me and
thoroughly enjoyed working at a law firm. By which point, I knew it was the right career.
What did you do next?
Fast forward from 2007 to 2014 when I had my first child, I was still employed at the same firm. When I returned from maternity leave, they broadened my role to encompass the website, marketing, sales and recruiting. I was lucky that this gave me a taste of all the components of running a law firm – so much so that it made me even braver about starting my own practice! However, I wasn’t quite ready for that, so I decided to instead move to a smaller law firm where I could put my stamp on things.
Working for a small company was quite an eye-opening experience. Suddenly, things that I’d assumed ran like a welloiled machine just didn’t exist or needed to be built from the ground up. It showed me that every legal practice is different. There are many things you take for granted, and there are set processes and tools out there that can make your life easier as long as you know what you need.
How did the idea of launching your own law firm come about?
I was chatting with an estate agent friend over coffee. We were both on board with working together and quickly acknowledged we were on to a viable business opportunity worth exploring – a
Some of these initial choices have stood the test of time. For example, Quill has been with us since the very beginning and has served us well. While big corporates have the luxuries of an in-house IT team and on-premise servers, we saved on costs and maintenance by opting for Quill’s cloud-based solution. We chose to use a case management provider for our conveyancing specific needs, which integrates seamlessly with Quill’s legal accounts software.
For me, I knew from my experience at larger law firms that a proper case and practice management system would be a key tool that I’d need to invest in, but I was glad to have the people at Quill backing me – they’ve helped dozens of budding entrepreneurs like myself get up and running quickly, and they are reasonable and realistic on price. We’ve been pleased with their support and partnership ever since.
It was a delirious and surreal moment when we realised our gamble had paid off and our law firm could open its doors. We had a huge open day and were chuffed to be fully in business at long last.
What are some lessons learned from starting your own law firm you can share?
Our banking supplier turned out to be a poor choice. They didn’t give any start up support and as a solicitor who had never needed to process a payment of any kind, let alone transactions of
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OPINION SPECIAL FEATURE
huge amounts and volumes, it was a very quick learning curve. For a conveyancing specialist, needing to send payments efficiently and quickly, it was difficult to navigate. I think our assumption was that a large bank would offer the business support we would need.
You were still a relatively new enterprise when the pandemic struck. How did lockdown impact your business?
Correct, Gent Law was only a few months old when Covid and lockdown took us by storm. We only had 40 clients on our books. We were unsure how we’d cope and to say it caused me sleepless nights is an understatement. We were sitting ducks waiting for the market to reopen.
In hindsight, though, it actually made us refocus on the things that normally get lost when you first start up – such as marketing, office procedures and recruitment. We spent the downtime effectively so that once the stamp duty holiday was in place and lockdown restrictions were lifted, we were ready to rock and roll again.
How good is your work-life balance?
Usually, I’m strict in finishing work at 5pm each day. Of course, there are always occasions when you forget to do things
– run your payroll, for instance – or need to finish off tasks left undone. I often clear the decks in the evening whilst my children are sleeping to get ready to go again the next day!
I fit my two children around work. My children just see our offices as “mummy’s workplace” and are in and out of it all the time – and that’s exactly the way I like it. The pandemic proved that we can all work from home. Quill’s cloud-hosted software greatly assists with flexible working and I actively promote this for all my employees – of whom there are now ten and rising with possibly a new office in our sights in the future.
What parting words of wisdom would you give to other entrepreneurs keen to set up a law firm?
If you’re considering starting your own law firm, brace yourself! It’s worth the reward but you’ll have to put the work in. You’re responsible for others and it’s a weight on your shoulders.
Building client relationships are key as that’s what grows your business. It’s not just about being a qualified solicitor. You wear a lot of hats and must be comfortable with that.
Relationships generally are so important. I’ve already mentioned accessing
consultancy support to bridge your skills gaps. Plus choosing the right banking provider as you need someone you can call for ad hoc support in the midst of completions and rely on to ensure your client accounts are accurate at all times.
When planning your finances, budget what you think with more on top. And plan comprehensively and proactively. Your business plan should cover everything and be a live, ever-evolving document.
Invest in the right software for you –choose wisely and consider systems that are hosted and affordable, like Quill.
Learn more
Read about Quill’s practice management and legal accounts software here. Watch Quill’s ‘Starting a law firm: Lessons to survive your first year’ webinar here.
At Quill, our software has been working harder, so that you can work smarter. Our new and improved practice management and legal accounts platform makes managing all your law firm’s front- and back-end tasks easier than ever before. Work smarter SCHEDULE A DEMO TODAY! Phone: 0161 236 2910 Email: sales@quill.co.uk Website: quill.co.uk