BIRMINGHAM LAW SOCIETY
BULLETIN ONE PROFESSION
ONE REGION
ONE VOICE
TAKE CONTROL
AND CHARGE
WHAT YOU’RE
WORTH!
COMIC HERO: DYLAN MORAN
SRA WAIVERS: INNOVATION OR JUMPING THE GUN?
AUTUMN INTERIOR TRENDS
BICENTENNIAL COUNTDOWN Your monthly update from the
Birmingham Law Society.
SEPTEMBER 2018
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THIS ISSUE
ADVERTISE HERE THE BIRMINGHAM LAW SOCIETY BULLETIN IS PUBLISHED BY FRASER URQUHART MEDIA. To advertise your business to Birmingham Law Society members call Fraser Urquhart Media on 0116 2533445 or email carey@ fu-media.co.uk or kevin@fu-media.co.uk BLS CRICKET TOURNAMENT
4. Society News. What’s happening at the Society 6. Law and at members’ Practices. Report. Jayne Willetts on advantages 10. Regulation and disadvantages of SRA Waivers. Practice. Vanessa Ugatti on taking control and 12. Best charging what you’re worth. Best Practice. Tony Rollason of Landmark on the 14. risks that can occur in property transactions. Best Practice. Jason M Hadden on public access 16. and child disputes. Out of Hours. All the pictures from recent BLS events, 20. autumn’s interior trends and we chat to Dylan Moran. President’s Letter Birmingham Law Society’s President, James Turner.
Editorial enquiries to Jason Hadden at editorial@birminghamlawsociety.co.uk
Disclaimer: Copyright Fraser Urquhart Media. No part of this publication may be copied or reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopy, recording or otherwise without the prior permission of the publishers. Whilst every attempt has been made to ensure accuracy in compiling this publication, the Publisher cannot accept responsibility for any inaccuracies, omissions, breach of copyright or otherwise since compilation. The Publisher cannot be held responsible for any material submitted to the publication, not excluding advertisements. The views expressed within this title are not necessarily the views of the Publisher. Acceptance of advertisements does not imply recommendation by the Publisher. © Fraser Urquhart Media 2018
CONTACT US Birmingham Law Society Suite 101, Cheltenham House 14-16 Temple Street Birmingham B2 5BG Tel 0121 227 8700 info@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk @birminghamlawsociety Officers April 2018 - April 2019 President: James Turner Vice President: Linden Thomas Deputy Vice President: Inez Brown Joint Honorary Secretaries: Chaitali Desai and Sophie Samani Board of Directors 2017 - 2018 Chairman: Eileen Schofield Ex-Officio: Andrew Beedham Vice Chairman & Director: Prof. Bernardette Griffin Finance Director: Ben Henry Director: Caroline Coates Director: Laura Daly Director: Catherine Edwards Director: Dee Kundi Director: Tony McDaid Director: Regan Pegg Ex-Officio: James Turner Contact c/o Birmingham Law Society www.birminghamlawsociety.co.uk 3
PRESIDENT’S LETTER
BIRMINGHAM LAW SOCIETY CHARITY FOCUS
The President’s chosen charities this year are Headway – the brain injury association and Jeff Astle Foundation. Funds raised will support two key projects undertaken by Headway. We are fortunate in the West Midlands to have the services of Caroline Hill, Headway Accute Trauma Support nurse based at the QE Hospital. Caroline is one of only four such nurses in the UK. Our aim is to support Caroline who provides practical and emotional support to survivors and families in the early stages of rehabilitation. I know from personal experience the distress arising from uncertainty after a loved one is hospitalised with head injury. The Society’s fund raising also supports the Justice Project, providing head injury survivors with an identity card to avoid misunderstanding of what is often a hidden disability. This simple but effective project avoids survivors entering the criminal justice system when common symptoms of injury are wrongly interpreted as arising from intoxication. Since Jeff Astle’s death in 2002 the Foundation have fought tirelessly for recognition of the impact of concussion in football. Jeff is the first British professional footballer confirmed to have died from chronic traumatic encephalopathy, which arose from multiple low level concussion arising from heading the ball. Funds raised will 4 www.birminghamlawsociety.co.uk
support the Foundation to raise awareness of brain injury arising in sport and to provide practical support to survivors. In the first quarter of the year the Society has raised over £9000 but I am confident that we can achieve much more. Thank you to all members of the Society who have taken part in fund raising events, whether taking part in sporting contests, bidding for items kindly donated by our sponsors or buying raffle tickets. The first of my direct fund raising ideas was to ride my motorbike from Land’s End to John O’Groats. After a six week dry spell last seen in a British summer around 1976 I inadvertently chose the weekend the weather broke to set off on a trip which involved traversing the UK twice and racking up 1881 miles in all. Supporters were roughly split into camps of those who have never ridden a motorbike (who could not quite see why that would be a challenge) and fellow bike nuts (who thought the idea was foolhardy at best). I had never undertaken a ride of that distance in that short a period of time and so did not know what to expect. I set off deliberately under prepared, with minimal kit and with a wide grin. There were moments which wiped that grin off my face but overall it was a fantastic experience. My start was delayed as I was called to give evidence in one of my cases mid trial at Warwick Crown Court. I therefore set off for Land’s End around 6:00 pm on the first evening. I arrived into a pitch black village to find deserted digs and crashed into the first bedroom I could find. I set off early the next day, never did meet anyone at the B&B and
UPCOMING EVENTS OUR LEGAL COMMUNITY Meet the author event 4th September 2018 2:45 PM - 6:30 PM Wesleyan, Colmore Circus Queensway Birmingham, B4 6AR FOOTBALL TOURNAMENT 6th September 2018 12:00 PM - 5:00 PM Goals Birmingham Star City Unit 31, Watson Road Birmingham, B7 5SA CONVEYANCING LAW UPDATE 2018 10th September 2018 12:30 PM - 4:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES MODERN LITIGATION TRENDS CONFERENCE 20th September 2018 12:00 PM-4:40 PM3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT ADVOCACY TRAINING 20 SEPTEMBER 2018 20th September 2018 12:30 PM-4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR LUNCH CLUB WITH... PEACHES GOLDING OBE 21st September 2018 12:00 PM-1:30 PM Revolucion de Cuba, 8 Temple Street, Birmingham, B2 5BN RETAINERS, CLIENTS AND BILLS. 26th September 2018 9:30 AM-11:00 AM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES United Kingdom NETWORKING @ IKON GALLERY 26th September 2018 6:00 PM - 8:00 PM The IKON Gallery 1 Oozells Square Brindley Place Birmingham, B1 2HS 200TH ANNIVERSARY BICENTENARY GALA DINNER 4th October 2018 6:30 PM - Late International Convention Centre Broad Street Birmingham, B1 2EA
so have a lingering doubt about whether I ever found the right place or slept in a random bed.
LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 2018 17th October 2018 8:30 AM - 12:00 PM TBC
The greatest challenges were a broken clutch hand, recovering from a race track tumble in May, and the weather. I experienced four seasons in a day. There was biblical rain in Cornwall, followed by the heatwave of the Midlands with grave risk that the bike would overheat as I crawled between stationary traffic for miles on the M6. The skies opened again heading north through the Cairngorns National Park where the rain was so hard that all the cars left the dual carriageway and filled up the laybys. Incredibly high winds replaced the rain in the Highlands where it was necessary to ride the bike at a constant lean just to go in a straight line. Torrential rain and flooding on the roads hit again from Aviemore to Newcastle on Tyne on the return leg. I lost the front wheel completely in standing water at one point – aquaplaning on two wheels is not to be recommended. Thank you to all who have supported. With Gift Aid we have raised £1977.50. It would be great to hit the £2000 mark: https://uk.virginmoneygiving.com/ PresidentofBirminghamLawSociety
SHOW ME THE MONEY! Family Law Seminar 11th October 2018 1:45 PM - 5:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT LUNCH CLUB WITH... DAVID JOHNSTONE OBE 12th October 2018 12:00 PM - 1:30 PM Revolution De Cuba 8 Temple Street Birmingham, B2 5BN
Birmingham Law Society are proud to work in partnership with our sponsors:
ANNUAL COMPLIANCE UPDATE 2018 14th November 2018 1:00 PM - 4:30 PM Anthony Collins 134 Edmund Street Birmingham, B3 2ES ADVOCACY TRAINING 15th November 2018 12:30 PM - 4:00 PM No5 Chambers Fountain Court Steelhouse Lane Birmingham, B4 6DR NEWLY QUALIFIED SOLICITOR AND BARRISTER CELEBRATION 2018 15th November 2018 6:00 PM - 8:00 PM BPP University 32-34 Colmore Circus Birmingham, B4 6BN To book onto any of these events visit: www.birminghamlawsociety.co.uk or email: events@birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk 5
SOCIETY NEWS
WOMEN IN
PARTNERSHIP
GLYNN HAS DESIGNS ON GALA DINNER
Guests at Birmingham Law Society’s Bicentenary Gala Dinner are in for a special culinary treat as Michelin star Brummie chef Glynn Purnell has designed a special three-course menu for the dinner, which is being held on 4th October at the ICC.
James Turner, president of Birmingham Law Society, said: “Glynn is one of Birmingham’s favourite sons. A highlyrespected chef, TV personality and proud Brummie, we couldn’t think of anyone better to design a special celebratory menu for the gala dinner.”
Birmingham and Solihull Women’s Aid (BSWA) have entered into a partnership with Birmingham City Women’s Football Club, allowing the charity to not only advertise and fundraise with the club, but also permit the team to become more engaged with BSWA’s day-to-day work.
Inspired by Birmingham and memories of his childhood growing up in Chelmsley Wood, guests will get to enjoy Glynn’s gastronomic genius with dishes that include ‘A saucy herd on the A38 – GP style’ (corned beef hash croquettes with GP sauce), ‘It ain’t half hot mum, down here at the Triangle’ (Indian spiced lamb, lentil dahl and samosa), and ‘The taste and smell of the fair; not a goldfish or coconut in sight’ (toffee apple and popcorn).
Glynn said: “I am absolutely thrilled to be involved in this fantastic celebration. We have got a really exciting menu in place for the event, which shows off some of the best of what Birmingham has to offer.”
Glynn is one of Birmingham best-known chefs. The chef proprietor of Purnell’s restaurant on Cornwall Street, he can regularly be seen guest presenting on Saturday Kitchen and has presented his own TV show, My Kitchen Rules, alongside fellow chef Rachel Allen.
The Bicentenary Gala Dinner is being sponsored by Landmark, Lloyds Bank, No5 Chambers, Cornwall Street Chambers and Oosha.
BSWA are the largest, holistic provider of support services to women and children who have experienced any form of violence across the Birmingham and Solihull region, having supported 7,019 women and 4,135 children in the past year. Staff at their centres work with each woman to create an individual support plan, which can include: ‘Money Management’ and ‘Understanding your Rights’ courses, as well as self-esteem and confidence workshops. They even go as far as help with shopping, cooking and cleaning, ensuring that everyone they work with has the skills to move forward and create a successful life for themselves.
As well as designing the menu, Glynn will personally introduce each dish at the event.
As well as dinner menu designed by Glynn Purnell, there will be a live band and other entertainment on the night. Comedian and impressionist Rory Bremner is the guest host and after-dinner speaker.
Tickets for the Bicentenary Gala Dinner can be booked via the Birmingham Law Society website or by emailing Gala200@ birminghamlawsociety.co.uk. Sponsorship packages are also available via becky@ birminghamlawsociety.co.uk
Moving forward, BSWA hope that this link will bring more attention to their helpline and raise awareness of the issues women and children can face on a daily basis. For more information email supportus@ bswaid.org or call 0121 685 8687.
FOOTBALL COMES HOME FOR CHARITY The World Cup may have taken place over 3,000 miles away in Russia, but the real footballing action was under way in Stourbridge with the Higgs & Sons six-a-side tournament which raised more than £10K with all proceeds going to Higgs’ charity of the year for 2018, Dudley Mind.
The annual event took place at Stourton Park and saw 42 teams play for the honour of being crowned champions. The winners, PKF Cooper Parry, took the title without conceding a single goal, beating PD Financial in 6 www.birminghamlawsociety.co.uk
the final, a team that featured former Aston Villa player Stiliyan Petrov in its line-up.
Higgs has been working alongside Dudley Mind since January to raise much-needed funds and awareness for this important cause. At the beginning of June, a team of novice rowers took to the water to compete in the Bewdley Pub and Club Regatta. Next month, the ‘Peaky Climbers’, a team of intrepid Higgs walkers will take on the Three Peaks challenge in aid of Dudley Mind.
SOCIETY EVENTS
THIS YEAR’S WINNERS ARE BARRISTER OF THE YEAR JEREMY WESTON QC Professor Hadyn Davies, BCU
TRAINEE SOLICITOR OF THE YEAR GREG FEARN MILLS & REEVE LLP
PARALEGAL OF THE YEAR LETITIA AIT-TALES ANTHONY COLLINS SOLICITORS LLP
LAW FIRM OF THE YEAR (SOLE PRACTITIONERS UP TO 4 PARTNERS) JM WILSON SOLICITORS LTD
PARTNER OF THE YEAR KASHMIR UPPAL
Gordon Hay, Redbourne for Lawyers
ACCESS LEGAL SOLICITORS, SHOOSMITHS Colin White, Ortus Group
BLS INNOVATION AWARD KID HARWOOD WILDINGS SOLICITORS LLP
BLS PRO BONO AWARD ROSIE BANKS IRWIN MITCHELL LLP
BLS LEADERSHIP AWARD SANDRA WALLACE DLA PIPER UK LLP
BUSINESS TEAM OF THE YEAR ANTHONY COLLINS SOLICITORS LLP
PRIVATE CLIENT TEAM OF THE YEAR ANTHONY COLLINS SOLICITORS LLP
LAW FIRM OF THE YEAR (5-15 PARTNERS) SYDNEY MITCHELL LLP
LAW FIRM OF THE YEAR (16+ PARTNERS) ANTHONY COLLINS SOLICITORS LLP
LIFETIME ACHIEVEMENT AWARD MARY KAYE SHAKESPEARE MARTINEAU
Sarah Ramsey, University of Law
Amy Revell, BPP University
UPCOMING EVENTS CRIMINAL LAW UPDATE SPRING 2018 18th April 2018 1:30 PM - 5:15 PM BPP University 32-34 Colmore Circus Birmingham, B4 6BN United Kingdom LINKEDIN FOR SOLICITORS, FEE EARNERS AND TEAMS WITHIN LAW FIRMS 2018 (April session) 19th April 2018 8:30 AM - 12:00 PM TBC ANNUAL GENERAL MEETING 2018 24th April 2018 5:00 PM - 7:00 PM 3PB The Colmore Building 20 Colmore Circus, Queensway Birmingham, B4 6AT United Kingdom
A GLITTERING NIGHT OF SUCCESS AT BIRMINGHAM LAW SOCIETY AWARDS Anthony Collins Solicitors was the big winner at last night’s Birmingham Law Society Legal Awards, picking up four gongs.
The city centre firm was named Law Firm of the Year (16 partners or more), beating rivals Gateley Plc, Irwin Mitchell, Mills & Reeve, Shoosmiths and VWV (Veale Wasbrough Vizards). Anthony Collins Solicitors also collected awards for Business Team of the Year and Private Client Team of the Year – two new categories for this year – while the firm’s Letitia Ait-Tales won Paralegal of the Year. In the other categories, there were awards for Greg Fearn, Mills & Reeve - Trainee Solicitor of the Year; Jeremy Weston QC, St Ives Chambers - Barrister of the Year; Kashmir Uppal, Access Legal – Partner of the Year; Kid Harwood, Wildings Solicitors – BLS Innovation Award; Rosie Banks, Irwin Mitchell – BLS Pro Bono Award; Sandra Wallace, DLA Piper UK – BLS Leadership Award; JM Wilson Solicitors – Law Firm of the Year (sole practitioner up to four partners); and Sydney Mitchell – Law Firm of the Year (5 – 15 partners). The Birmingham Law Society Lifetime Achievement Award was presented to Mary Kaye, partner at Shakespeare Martineau and past president of BLS.
James Turner, Vice President.BLS
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Paul Tennant, CEO
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congratulations to Anthony Collins Solicitors, who were the runaway winners on the night.”
“The judges were particularly impressed with the firm’s strong commitment to its staff and its approach to attracting and developing those who want to make a difference in society. “In what was a tough year for the judges, there were some really stand-out candidates and both the winners and finalists should be proud of their achievements.”
Mumtaz Hussain, University of Wolverhampton
Stephen Webb, Gallagher
Birmingham Law Society is celebrating its bicentenary in 2018. This year’s Legal Awards, which were attended by more than 550 people, were just one of a number of planned special events being held throughout the year to celebrate the Society’s 200th anniversary. Sponsors of the Legal Awards included The University of Law, BPP University Law School, Birmingham City School of Law, Ortus Group, Midshire, The Law Society, University of Wolverhampton, Gallagher, Index Property Information, Redbourne for Lawyers, Landmark Information, St Philips Chambers, TitleSolv, Advantage Consulting, Digitalini and Actionstep.
Commenting on the category winners, Andrew added: “Many
IT’S A KNOCK OUT 15th June 2018 4:00 PM - 7:00 PM Bassetts Pole Sutton Coldfield Birmingham, United Kingdom CRICKET TOURNAMENT 4th July 2018 9:00 AM - 6:00 PM Moseley Cricket Club Streetsbrook Road Shirley Solihull, B90 3PE United Kingdom
Tony Rollason, Landmark
Ian Marriott, Index
Birmingham Law Society are proud to work in partnership with our sponsors:
Presenting the award on behalf of the Society, president Andrew Beedham, said: “I couldn’t think of a more worthy recipient of this accolade than Mary. With a career spanning more than 40 years, she is a true champion of the city’s legal sector and an inspiration to the many who know her.”
NETBALL TOURNAMENT 22nd May 2018 6:00 PM - 9:00 PM Action Sports 76 Marsh Hill Erdington Birmingham, B23 7EY United Kingdom
Andrew Smith QC, St Philips Chambers
Chloe Mulroy, Title Solve
COMMERCIAL PROPERTY UPDATE 2018 4th July 2018 12:30 PM - 4:00 PM Clarke Willmott 138 Edmund Street Birmingham, B3 2ES United Kingdom BIRMINGHAM LAW SOCIETY GOLF DAY 2018 30th July 2018 1:30 PM - 9:00 PM Birmingham Law Society would like to invite members and colleagues plus a guest of their choice to take part in a BLS Golf Day. This is a great afternoon of golf, food and prizes in a new setting at the Ladbrook Park Golf Club. Cost: £75 per person including bacon rolls on arrival, drinks and excellent 2-course meal in the evening. Please book early to avoid disappointment. www.birminghamlawsociety.co.uk 5
4 www.birminghamlawsociety.co.uk
1995 Data Protection Directive which was adopted at a time when the internet was in its infancy. Member states of the EU have been given two years to ensure that they are fully implementable in their countries by May 2018. 4. Do I need to worry about this now, as we are leaving the EU? The Queen’s speech in June 2017 confirmed that the GDPR will form part of UK law following the withdrawal from the EU.
In association with
5. My business does not need to comply with GDPR as I do not store or process any personal information. I have heard this comment so many times over the last 12 months. It is also a point that is made internally by some departments. There is a general misunderstanding of what constitutes personal data. The regulations state that any company that stores or process personal information about EU citizens must comply with the GDPR. This effectively means every business with at least 1 employee or those who keep records of their customers will be required to comply with the GDPR.
IS YOUR BUSINESS GDPR READY? In a recent survey conducted by Downtown in Business an astonishing 77.8% of businesses reported that they are GDPR ready……. really? We have been partnering over the last few months with DIB and some leading IT providers to conduct roundtable events within Liverpool, Manchester and Birmingham, to provide some guidance and support to businesses to prepare them for GDPR.
It would appear that many businesses that have attended these sessions have been unaware of their responsibilities and what practical steps they need to take before 25th May 2018. Victoria Brown at HR and Employment Law specialists High Performance Consultancy, looks into some of the common points raised about being GDPR ready. 1. I have GDPR covered…. It is with my IT provider Whilst the General Data Protection Regulations will address the significant changes in technology since the Data Protection Act 1998, the considerations do not just stop with your IT provider. A thorough understanding of how your business deals with data is paramount. Knowing where data is stored, that location’s security, as well as determining whether the data is being shared will be critical, come May 2018. I would recommend that companies undertake a data audit. 16 www.birminghamlawsociety.co.uk
2. I outsource everything, so my third party providers are liable for sorting out GDPR This is not the case. Companies will need to establish the external bodies that hold or process data on their behalf and what steps they are taking to comply with GDPR. 3. I don’t need to start looking at this until 25th May Absolutely not – you need to be ready by 25th May, not thinking about it. In 2016, the EU adopted the General Data Protection Regulation. It replaces the
I would strongly urge all businesses to nominate a data protection officer/privacy manager (whichever is appropriate) and ensure that they are ready by 25th May 2018. This is a great opportunity for business owners to get their housekeeping in order. It is also something that should not stop on 25th May and each business needs to consider how they will monitor data handling and address breaches in the correct way. The fines from the ICO (Information Commissioners Office) could be quite high if you have neglected the way in which you store or process data. In addition, it is evident from our recent roundtable sessions, the DIB poll and just general feedback from our clients that raising awareness and training is very important. I would strongly advise that the changes you make are covered within your policies and induction process. For existing staff, good communication and briefing sessions about the changes will reduce your future risk of breaches. A practical guide to GDPR is available, please contact alex@ highperformanceconsultancy for further information.
WORKS OF ART
OUT OF HOURS
BEST PRACTICE
“I would strongly urge all businesses to nominate a data protection officer/privacy manager and ensure that they are ready by 25th May 2018.”
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A GUIDE TO THE TOP WEST MIDLANDS LAW FIRMS
2018 marks the 200th Anniversary of the Birmingham Law Society. Founded on January 3, 1818. The society is now the largest and most prestigious Law Society outside of the capital and a modern, dynamic organisation with a membership of 4000 Lawyers, Solicitors and Barristers from all over Birmingham and the West Midlands. It is also by far the largest local Law Society in England and Wales. The Birmingham Law Society is very pleased to be able to announce that it has joined forces with Legalese, the publishers of the Legal 500, to publish a special commemorative magazine that will not only celebrate the Society’s 200th anniversary but review this year’s
Published by Fraser Urquhart Media, this highly prestigious publication will be created for distribution with the November 2018 edition of Bulletin - the official magazine of the Birmingham Law Society, which is mailed directly to 4000 solicitors, barristers and lawyers across the region. To significantly increase its coverage of this influential and informative research and celebrate the 200th anniversary, we will also be including an additional 3000 copies – making a total of 7000 copies in circulation - to be delivered to a handpicked West Midlands B2B audience. The special report will also feature on the Birmingham Law Society website and social media, giving further exposure.
DISTRIBUTION FACTS MARKET: Birmingham’s top legal brains and members of the Birmingham Law Society. Founded in 1818, today the Society is a modern, dynamic organisation with over 4000 members from all over the West Midlands. It is by far the largest local law society in England and Wales and their 4000 members comprise Lawyers, Solicitors and Barristers. PRINT CIRCULATION: 7000 including 4000 direct
mail circulation to Birmingham Law Society Members along with hand picked, business led distribution throughout Birmingham / Greater Birmingham.
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SOCIETY NEWS
OBITUARIES MARI MEISEL
Mari Meisel passed away suddenly on the 10th June 2018. Her reputation as one of the Midlands leading family lawyers was well earned. It was as a result of a combination of her fierce intellect, knowledge of the law, superb negotiating skills, and overwhelming desire to achieve the best result possible for the client. She was a fierce and brave litigator, unafraid of taking a hard line in negotiations, but at the same time being able to provide support and empathy to her clients. Mari’s name will forever be synonymous with Blair Allison as was with the firm from virtually the day it started, and although she retired from full-time practice 5 years ago, she continued her role as a consultant, right up until the point of her untimely death. The reputation of the practice was built significantly on her skill as a lawyer and a leader. Mari had acute business acumen and it was no coincidence that the firm went from strength to strength under her leadership. Mari was very well known in the Midlands legal community and built up connections and friendships that lasted throughout her career. She was instrumental in setting up the first West Midlands committee of the Solicitors Family Law Association (now known as Resolution) and was one of the first lawyers to train as a mediator, again forming a consortium of West Midlands based mediators. Those who worked alongside Mari will never forget the enormous contribution that she has made to the success of the firm, and indeed the mark that she left upon the Birmingham legal community. She will be missed as a friend and mentor. Grant Bird. Blair Allison
HER HONOUR JUDGE HINDLEY QC Many of you will have known Her Honour Judge Hindley QC over her career at the Bar and Bench but fewer of you will have known of her courageous battle with cancer over recent years. Her Honour Judge Hindley QC, one of the Circuit’s most significant, and influential, members of recent times, made an enormous contribution to Circuit life over the course of her careers as both an advocate and Judge. She was called to the Bar in 1971 when the presence of a female member of Chambers was still a relatively rare phenomenon. Her Honour joined No5 Chambers as a pupil and spent the entirety of her career as an advocate within those Chambers. She went on to become the Circuit’s first female silk in 1991 and was then appointed to the Circuit Bench in 1998. She was, for many years, the senior family Judge on Circuit. Her Honour practised predominantly in family law and those who encountered her both as a criminal advocate, and Judge, will attest to her outstanding ability in that jurisdiction. She was a pleasure to appear in front of, where her ability was matched only by her patience and a genuine desire to see advocates perform at their best. There are very few people who can be said to have had such a profound influence on the development of the Bar during their careers. Her Honour was far too modest to acknowledge it but her determination to succeed in a profession, which then presented many obstacles to a young female practitioner, has been a genuine inspiration to those who have practised in subsequent generations. Those who knew her will remember her as one of the most engaging and generous personalities you could hope to meet – I suspect the latter recognition would have been the more important to her. Her Honour leaves behind her son, Andrew, to whom she was utterly devoted. Our thoughts and prayers are with him at this difficult time. Michael Duck QC, No5 Barristers’ Chambers.
CITY SOLICITORS ADDRESSED AT IMMIGRATION LAW UPDATE The London seminar welcomed the newly-appointed Mr Justice Peter Lane, President of the Immigration and Asylum Chamber at the Upper Tribunal, as the keynote speaker. The event attracted over 70 delegates, comprised of mainly solicitors.
Over 140 solicitors have benefited from the expertise of top barristers and eminent speakers in the field of immigration. No5 Barristers’ Chambers’ Immigration, Asylum &
Nationality Group hosted the Annual Immigration Seminars and welcomed Mark Ockelton - Vice President of the Upper Tribunal at the Immigration and Asylum Chamber as the keynote speaker at Birmingham.
8 www.birminghamlawsociety.co.uk
Chaired by Joanne Rothwell, Head of the Immigration Group, authoritative insights were also given by prominent barristers from the group. Manjit S Gill QC, Head of the International Human Rights Law Group at No5 Barristers’ Chambers, also facilitated a panel discussion on the Brexit implications.
The seminar programme included updates on Article 8 and protection claims, Nationality applications, out of hours injunctions, current trends in Tier 2, challenging civil penalties, changes to detention and bail, human trafficking and advice on making successful Judicial Review claims. The Immigration, Asylum & Nationality Group at No5 are holding a series of seminars on Judicial Review in the autumn which will be announced in due course.
SPECIAL FEATURE
THE MAN BEHIND EXPERT INVESTIGATIONS GROUP THE MAN BEHIND THE NAME: I am, Dave Kearns a former Police Detective who specialised in Filed Intelligence: overt and covert intelligence gathering. I left behind my Police career after 13.5 years as I saw a gap in the marketplace. WHAT WAS THE GAP? The need for a highly customer focussed investigation company that was based on a business structure as opposed to the industry norm of a retired Police Officer propping up a pension. WHAT WAS MY VISION? Build a highly regarded company based on outstanding customer service delivery, proactive resolution, honesty, integrity and personal relationships, to be recognised across the national legal sector as the premier supplier of legal services. HOW DID I START IT ALL? From a spare bedroom at home, with two very young daughters around the place. I did everything… marketing, personal meets, being involved with the investigations, accounts, file preparation, admin and bottle washer. I started with two former Police colleagues who formed my operational team.
Expert Investigations Group supply investigative requirements and legal support services to all departments across the legal sector: process serving, asset and trace reports, surveillance, computer forensics and covert vehicle tracking on a national basis.
Average 70-80 hours per week for seven years. Up at 04.00hrs, finish 22.00hrs. Deployed on all operations. Weekend 10 hours of admin and business support. Holidays (in those days) where there was an internet café nearby, my wife manning the mobile whilst I was in the pool with my daughters and phone calls off clients whilst sat on the beach…the clients never knew I was away.
closer to the legal sector, firstly in Aspect Court and now Snowhill, followed by an office in London and then Leeds. A dedicated team of 22 former Police Detectives with specialised skills divided in divisions of surveillance, computer forensics and general investigations (Fraud Officers). A fully supporting office team with accounts, admin support, marketing, PR and Dept heads of Surveillance, Computer Forensics, Process Serving and of Data Research. I would like to think we are on the lips of at least a few Solicitors in every Birmingham ( and beyond) legal practise. One of the country’s leading commentators and experts on ‘Dishonest Employees’ and ‘Covert Employee Investigations’. DAVE KEARNS. Married for 27 years, two successful daughters, a former serious Rugby player and former British Schoolboy 800 m athlete. (once 13th fastest in England). Now my hobbies include extreme high altitude trekking having trekked Kilimanjaro, Mera (6462m), Dhaulagiri Circuit, Choquequirao to Machu Picchu. My ambition is an 8000m summit. I serve on the committee of the Midlands Fraud Forum and West Midlands Institute of Directors. Please contact me directly on 02476 630498 or email davidkearns@expert-investigations.co.uk for any enquiries and to arrange a time and date for your free, 45-minute presentation to enhance your knowledge and allow you to support your clients in the most compliant, proactive and costeffective way .
THE EXPANSION AND RECOGNITION. The legal (and commercial) sector built strong relationships with us. We delivered results and service. I opened an office in Birmingham to be
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www.birminghamlawsociety.co.uk 9
REGULATION REPORT
new business models which it considers can provide “affordable” legal services. The decision making can appear subjective and demonstrates the very real difficulty in curtailing the SRA’s strategy of transforming the way in which we have traditionally practised. So, what are the structural changes? Some changes are already in force, most significantly the amendment made to the separate business provisions which allows firms to offer legal services through a separate business, although rule 4 PFR still prevents solicitors being employed by an unregulated business from providing legal services to the public. This is, however, the rule which was waived for the Rocket Lawyer’s solicitors to allow them to provide legal services to the public so looked at from one perspective it could be said that the SRA is giving commercial providers of legal services an unfair advantage.
SRA WAIVERS: INNOVATION OR JUMPING THE GUN? Written by Jayne Willetts, Solictor Advocate at Jayne Willetts & Co Solicitors Much has been written recently about the SRA granting waivers to firms ahead of changes to the rules. Hands have been thrown up in horror at the fact that the SRA appears to have sidestepped the rules before the changes have been approved by its own regulator, the Legal Services Board. This relevance of this debate may have passed you by as you deal with the daily demands of practice but is it important? It is important on two levels. First, as a regulator, should the SRA be permitted to ignore its own rules? And secondly, does this more tolerant approach foreshadowing changes due to come into force early next year mean that there are more opportunities for firms and individual solicitors to develop new business models? The SRA, and before that the Law Society, has had power to waive most of its rules for many decades. Historically, this power has been exercised with extreme caution and in truly exceptional circumstances. One example is Rule 15.5 of the SRA Practice Framework Rules 2011 (“PFR”) which requires a firm’s registered office to be a practising address. Where a practising address is also a home address, practitioners have applied for this rule to be waived to avoid risk to them and their families. Another example is Rule 4 of the PFR which prevents in-house solicitors acting for anyone other than their employer and its associated companies. Waivers have been granted for in-house solicitors to act for companies just outside the group but closely connected to it. 10 www.birminghamlawsociety.co.uk
One can see from these two examples the logic in granting waivers where anomalies occur. However, the SRA in its zeal for opening up competition has jumped the gun and permitted waivers in circumstances which appear to be far from exceptional. The waivers have been granted as part of the SRA’s Innovate initiative https://www. sra.org.uk/solicitors/innovate/sra-innovate. page which is committed to “helping current providers of legal services develop their businesses in new ways and to supporting new types of organisations who are thinking of delivering legal services for the first time”. The first waiver under the banner of SRA Innovate was granted in October 2017 to Rocket Lawyer, an established American brand, but now expanding into the UK which provides online and telephone access to legal documents and advice for families and businesses. The general manager Mark Edwards explained that “This is a technology firm, not a law firm. That requires solicitors who are passionate about technology and who want to automate the provision of legal advice.” When the story broke in the legal press in May that the SRA was granting waivers ahead of the rule changes, the Law Society accused the SRA of relaxing the rules on practising from unregulated firms without proper scrutiny. The SRA defended itself stating that “We will only grant waivers where there is clear evidence that they are in the public interest, and that users of legal services are protected.” The SRA was also keen to stress that “Our changes will also make it easier for solicitors and firms to do business – giving them more choice about how and where they work” What is clear from the above is that the SRA decides what is and what is not in the public interest. It is particularly keen on
For the future, there are two significant changes to business models which are likely to be in force from April 2019. Solicitors in non-authorised firms Regulated firms will be able to deliver unreserved legal activities from separate unregulated firms, with exceptions for immigration, financial services and claims management work, employing solicitors to do so. Solicitors practising in unregulated firms will only need to abide by the new individual Code of Conduct for solicitors. They will not be required to pay into the Compensation Fund nor hold professional indemnity insurance. They will not, however, be able to hold client money in their own name. Freelance solicitors Sole or freelance solicitors will be permitted to act outside the protections of a recognised sole practice to deliver reserved and non- reserved services. They will be required to maintain PII cover for both reserved and non-reserved work though will not be required to comply with the SRA’s minimum terms and conditions for PII. They must have three years practising experience prior to delivering reserved legal work as a freelancer. They will not be able to hold client money or employ people. Should the profession be embracing or rejecting these changes? Whilst to those of us who have been in practice for many years, these developments appear daunting and guaranteed to cause confusion for the general public, they cannot be ignored. Nothing stays the same so whether drafting a firm’s business plan or considering individual careers these changes need to be borne in mind.
Jayne Willetts is also a director of Infolegal – a law firm compliance consultancy – www.infolegal.co.uk
SPECIAL FEATURE
than paying monies out of the pension fund directly to a family member or nominating a trust to receive death benefits. It is this reason why “Spousal Bypass” Trusts are less attractive now, why would you want money held in a trust and any growth and income taxed, when you can leave the money completely tax free in a pension fund? So far so good. But what control do you have beyond death?
“There was a man who worked all of his life and saved all of his money. He loved money more than just about anything, and just before he died, he said to his wife, “Now listen, when I die I want you to take all my money and place it in the casket with me” When one day he died. Just before the undertakers got ready to close the casket, the wife said, “Wait a minute!” She had a shoebox with her, she came over with the box and placed it in the casket. Then the undertakers locked the casket and rolled it away. Her friend said, “I hope you weren’t crazy enough to put all that money in there.” She said, “Yes, I promised.” The friend replied, “You mean to tell me you put every penny of his money in the casket with him?” The wife answered, “I sure did. I got it all together, put it into my account and I wrote him a cheque.” Source www.littlethings.com (Abridged)
On death when monies are nominated to someone the pension provider will ask that individual whether they want a lump sum or to retain the pension fund. This is where control ends. It might be best to leave money invested in the pension fund and our advice may well be that but what happens in the event of a child who should not receive the lump sum for practical reasons, we see this all too often I am afraid; someone who is unlikely to use monies wisely. Within a will you would normally deal with this via a Trust, but the tax system has undermined this possibility for a pension fund. Where a child or spouse can be trusted there is still no doubt leaving monies to grow within a pension fund is most likely the favourite option, but there can be many reasons why this may not be the best option. Greater control in these situations will be achieved by having the death benefit paid to a Trust, so maintaining Inheritance Tax freedom of the pension death benefits, ensuring they do not fall into a taxable estate. With a pension fund you most definitely cannot control your money beyond the grave. Beyond age 75 alternative options may be necessary as designating a Trust starts to look unattractive as there will be a 45% immediate tax charge on payment of benefits from the pension fund into the Trust. We are finding more and more instances where a Trust should be established to receive the death benefit from a pension fund. Our view is “Bypass Trusts” are overlooked too easily because of costs, and tax. However, the costs and tax will be insignificant when compared to a wasted inheritance. I always tell clients that you cannot “rule from the grave” but a trust continues to offer the best prospect of achieving someone’s objectives when facing complex family situations.
PENSION TRUSTS – An Update by Stephen Roberts, Chartered Financial Planner at Robson Lister. It is not uncommon for successful individuals to want to extend control of what happens to their hardearned cash and assets after they pass away. Pension funds are no exception to this rule. “Spousal Bypass” Trusts used to be popular and worked effectively to control pension fund assets after death preventing monies falling into an estate that would be subject to Inheritance Tax.
The cynical view of pensions policy is changes were made to improve taxation as a way to win over the Grey Vote, but nevertheless these changes remain and the tax attractions of using pension funds as a substantial tax-free family trust continues to grow. This simplistic view however ignores practical family issues that we all face for our clients every day of the week. The tax treatment of approved pension funds on death is extremely attractive. For most pension funds if someone has been nominated to the relevant pension Trustees the death benefit is usually tax free on death before age 75. Someone’s pension fund however can be retained in a pension wrapper on death and “drawn down” without tax as required, which maintains the tax efficiency of any monies into the future. This is significantly more tax efficient
Stephen Roberts FCII APMI FPFS Chartered Financial Planner Robson Lister Wealth Management Robson Lister Wealth Management is a trading style of Robson Lister Limited which is authorised and regulated by the Financial Conduct Authority E mail: stephenroberts@robsonlister.com www.robsonlister.com ABOUT STEPHEN ROBERTS Stephen is one of the founding directors of Robson Lister and has over thirty years’ experience advising companies and individuals on many aspects of their financial planning. Stephen specialises in advising business owners on their requirements including exit strategies for the sale of their business and long-term capital allocation and tax planning strategies following the sale of their business.
www.birminghamlawsociety.co.uk 11
BEST PRACTICE
TAKE CONTROL & CHARGE WHAT YOU’RE WORTH! of failure, rejection, success or even the fear of charging what you’re worth. Because the unconscious mind doesn’t know the difference between a real danger and an imaginary one, it behaves in exactly the same way and brings up fear. This is a knee-jerk reaction which is often not beneficial to your success in business.
In reality, it’s not so much the thoughts that are the problem; it’s the fact that you believe them. This means that you then take action based on those thoughts. So your thoughts create your feelings, your feelings create your actions and your actions create your results. No doubt, you’re already ahead of the game and realise this means that if your thoughts are negative, the results you get are likely to be unfavourable too. With summer behind us and harvest in full flow, it’s an excellent time to think about the rewards you are reaping from your business. Are you generating the revenue you desire and deserve, or is there a shortfall? Is this due to a lack of clients or are you just not billing what you’re truly worth asks Vanessa Ugatti. There was a time when I believed that all lawyers were really confident, totally sorted people and didn’t have any problems at all. How wrong could I have been? Just about now, some of you will be chuckling, I expect. Then I discovered this was an entirely erroneous belief and that there were just as many of you who were not confident as those of you who are, when it comes to the business aspect of your work and in particular, charging. Academic ability, knowledge and even professional experience are one thing (well three actually); however, emotional intelligence, self-belief and confidence are completely different and yet equally critical to your success. During your studies, you learnt about the law and no doubt that was plenty to keep you fully occupied; on the other hand, unless you sought additional training yourself, you had little or no exposure to business or soft skills, let alone how your mind works. So it’s hardly surprising you may well lack confidence when it comes to charging. It’s quite simply a lack of knowledge and selfawareness. Fortunately, just like the law, these are skills which can be learnt and practised. If you are like other lawyers I’ve worked with, then charging is a tricky area to handle. First of all, it’s not an exact science. Of course, you need to cover overheads and make a decent 12 www.birminghamlawsociety.co.uk
profit; however, there is so much more to this than meets the eye. It’s not just how you set your fees, it’s also how you apply them. Even though you have an hourly rate, the piece of work you are doing may well be better done on a fixed fee basis. As you are well aware, this in itself can bring up many challenges, not the least of which is estimating how long the job will take in the first place. I frequently hear that under-estimating occurs as it’s not always easy to know how complex a piece of work may be at the very outset. You may also be the sort of person who errs on the side of caution in favour of the client, rather than the business. There are other challenges too. This brings me right to the crux of the matter. When it comes to applying your fees, by far the greatest problem is, in fact, your thoughts and emotions.
For example, A client rings up and says: “Can you just do this or can you just do that….” Although it’s not part of the original fixed fee quote, your automatic reaction may well be to say yes and do it – no discussion about the fee and so that becomes non-billable time. Since you can’t bill it, you may also decide not to record it either, so the time just gets lost. The repercussions are not just financial, they’re emotional too. The experience of this and the mixture of emotions it causes then gets restored in the unconscious mind, to be brought up yet again when you have a similar situation to handle in the future. And on and on it goes! I’m sure by now there’ll be some head-nodding going on as you recognise this behaviour in yourself. Believe me when I tell you that you’re not alone, it’s very common place. You’re probably also wondering if you’re doomed or whether there is something you can do to change this.
You may be surprised to hear that you have approximately 50,000 and 80,000 thoughts a day. Many of them are the same thoughts you’ve had in the past, probably multiple times; the vast majority of these actually comes from the unconscious mind.
Take heart, there is definitely something you can do.
You might be thinking so what? The point is that your unconscious mind is like a gigantic computer which stores all your experiences – everything you’ve ever seen, heard, touched, tasted and smelt – in fact, everything from the day you were born! Can you imagine the magnitude of such a beast? And because it’s unconscious, you don’t really know what’s in it!
1) Make a decision to become more aware of how you’re thinking and feeling.
It’s important to understand that the unconscious mind’s first job is your safety. This means that you’re hard-wired to be fearful to keep you safe. It’s a self-preservation mechanism. Of course, aside what you read in the news, by comparison with our forefathers, we have little to be fearful about when it comes to our physical safety, as we are not normally confronting real physical danger on a daily basis. Instead we have created imaginary fears, such as the fear of public speaking, the fear
Here’s a three-step process you can use immediately to start changing your thinking and therefore get different results:
2) When you recognise that you’re feeling negative in some way, step back from the feeling and ask what is going on? (You can be pretty sure that you will be in a pattern of thinking which you’ve experienced many times before.) 3) Challenge the thinking by asking: “Is this really true?” Of course, I’ve only just scratched the surface here. If you found this article useful and interesting and are keen to know more about how you can charge what you’re worth, please call me on 01202 743961 or email: vanessa@ thetrueworthexpert.com to arrange a complimentary True Worth Strategy call.
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BEST PRACTICE
PLANNING RISKS IN RESIDENTIAL TRANSACTIONS Tony Rollason of Landmark on the risks that can occur in property transactions
As part of the Landmark Academy, we host webinars to provide guidance and training to help property solicitors and conveyancers identify and manage a host of risks that can occur in residential and commercial property transactions. One that is particularly well-received focuses on ‘Planning Risks in Residential Conveyancing’ – and this is rather timely given the Government’s recent revision of the National Planning Policy Framework (NPPF), which includes a focus on pre-application engagement and due diligence to help avoid delays as far as the planning process is concerned. From a legal due diligence perspective, it is important for lawyers and conveyancers to determine whether any nearby planning applications or land use designations have the potential to impact the enjoyment, value or future saleability of a property that is being purchased by a client. After all, they rely on their legal professional to carry out such checks so they have a complete picture on the property, ahead of exchange and completion. There are three key areas that need to be researched to fully understand any planning risks; the first is the property itself, followed by the local area; and then local energy and infrastructure projects. The Property in Question The first port of call is to make sure that the property itself has all the necessary consents in place. The two key rules to consider are whether the property has been physically changed, especially in the last 4 years. Or, whether there has been a ‘change of use’ within the last 10 years (or four years for dwelling house). If the owner has not obtained the correct permissions for either, there may have been a breach of planning law and the local planning authority may take enforcement action, therefore delaying the transaction purchase for the client. The Localism Act (2011) enables Local Planning Authorities to take action against landowners or developers who attempt to avail themselves of immunity from planning enforcement by deliberately concealing any breach of planning law. The Property’s Geography The client is likely to be interested in changes to neighbouring properties or neighbouring green spaces and not just those pertaining to the property itself - all of which have the potential to impact them in the future. Also, it’s important to determine whether a new development is proposed, which could affect the property’s view, access, or create additional burdens on local infrastructure and amenities. In addition, understanding whether neighbouring properties are changing from a single dwelling to that of multiple occupancy (HMO) 14 www.birminghamlawsociety.co.uk
or even whether any existing planning permissions are yet to be fully exercised – clients expect this information to be made available to them. Infrastructure & Energy Finally, clients will have a vested interest in understanding whether any major projects are planned nearby – from major infrastructure investments such as HS2, Crossrail or highways, through to new energy developments, such as solar farms, wind turbines, or fracking designations. The Planning Act 2008 is intended to speed up the planning process for infrastructure projects that are deemed of national importance – for example HS2. Here no planning is needed. The aim is to streamline the number of consents required with the final decision taken by the Secretary of State. Legal Due Diligence Taking all of this into consideration, undertaking LLC1 searches and the Con29R will provide a host of information, including Planning and Building Regulation decision, S 106 Agreements & CILs, Road Adoption, some road and traffic scheme information, any statutory notices, enforcement, conservation and compulsory Purchase information. In the majority of cases however the information is property specific, but doesn’t include any location specific information. To overcome this, reports such as Plansearch Plus, or RiskView Residential (with Plansearch included), provide the additional insight to cover all areas mentioned above. One example I refer people to is that of a property in Hollingworth, Hyde, where the couple set their hearts on a property with a wideopen view across football pitches to the Peak District beyond. Little did they know that there were plans in place to develop 38 new houses on the land directly in front of the property, which would impact its overall outlook. In fact, the report revealed there were in fact seven planning applications within 250m of the property in question. Without this additional due diligence, these details may not have come to fruition until it was too late for the clients to make an informed decision and so accessing them from the outset gives clients the insight they need to make the right decisions. Ultimately, taking planning application data into account at the legal due diligence stage provides a very clear picture, which may not be immediately apparent when first viewing a property. It means clients have the opportunity to fully understand what planning decisions are in place that could affect them and the enjoyment of their home in the future. As their legal counsel, it demonstrates that full and thorough due diligence has been exercised, providing complete transparency. www.landmark.co.uk/landmark-legal
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BEST PRACTICE PUBLIC ACCESS AND CHILD by Jason M Hadden MBE. DISPUTES Written Barrister at St Ives Chambers In the past few months I have seen a significant increase in public access (sometimes called ‘direct access’) approaches from potential clients in private law children disputes. This is perhaps unsurprising when the latest figures from Cafcass (in May 2018) show that they received a total of 3,704 new private law cases in that month. This is the third highest total for the month of May since records began. To put these figures into context between April 2017 and March 2018 Cafcass received a total of 42,058 new private law cases. This figure shows an 3.8% increase compared with the previous financial year.
representation and advice in cases involving children. The real losers are indeed the children.
Having recently written a book on the topic (shameless plug: How to Represent Yourself in the Family Court: A Guide for Litigants in Person), perhaps I should take some responsibility for the increase in court applications. Figures from the Ministry of Justice last year stated that neither the applicant nor respondent were represented in 36% of disposals, compared with 34% in the previous quarter. That means parents (sometimes family members) are going to court to negotiate the arrangements for their children without the benefit of any legal representation.
Many clients find this much easier, effective and more satisfying. Which comes back to why I have had so many enquiries recently. If the case is too complex for the client to manage themselves, then I will also recommend that they instruct a solicitor. I think (having been one myself) that most solicitors undertake a fantastic job for their clients and are real assets. But I accept that we need to be more creative to ensure that parents (and family members) in cases concerning children are properly advised and represented. I am not convinced that the answer is always for more litigants representing themselves, as without proper legal representation they are not getting the best outcomes for their children.
In many ways, I think this is madness. Our children are the most important people in our lives. They mean the world to us. The rules in the family court are complicated. I am absolutely convinced that parents get better outcomes in court where they have the benefit of proper legal representation. It also in my view helps reduce conflict, stress and relationships. This is one of the reasons that I was so frustrated by the government when they significantly reduced legal aid in private law children cases. They obsessed about the short term financial savings and ignored the short, medium and long term health, social and indeed financial savings of providing 16 www.birminghamlawsociety.co.uk
I suspect it is also the case that if legal aid was there to support parents in disputes concerning children there would be less rather than more cases going to court, as lawyers would negotiate a sensible child focused approach to any such disputes. I appreciate that lawyers can be expensive. But you receive tremendous support, expertise and indeed value. So what is public access? Parents and family members (often grandparents from my experience) seeking to make a court application concerning children go directly to a barrister, rather than instruct a solicitor who then instructs the barrister. There obviously can then be significant savings for the client. Although the barrister’s role remains essentially the same, the client would be acting in person and having to do a lot more of the work which the solicitor would have undertaken.
I will re-enforce this view with my final statistics. Research published by Cafcass in November last year, found that 30 per cent of the 40,599 private law applications involving Cafcass in 2016-17 had been to court before. The majority returned within two years, and almost a third had been to court at least twice before. One child had been the subject of eleven cases between 2005 and 2017. Makes you think doesn’t it?
GALA DINNER Sponsored by:
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Hall 3, ICC Birmingham, THURSDAY 4TH OCTOBER 2018 6:30pm Champagne Reception The Event Host Hall 3, ICC Birmingham, Rory Bremner 6:30pm Champagne Reception
We to celebrate celebrate200 200years yearsofofthe theBirmingham Birmingham Law Society at their Bicentenary Weinvite invite you you all all to Law Society at their Bicentenary Gala Gala Dinner. £120 +VAT for singular the night promises to with be filled with Dinner. FromFrom £120 +VAT for singular tickets, tickets, the night promises to be filled celebration, celebration, live entertainment surprises help from based a Birmingham dancing, livedancing, entertainment and surprises and too. With helptoo. fromWith a Birmingham Michelin star based Michelin star Chef we also provide you a exquisite four course meal experience. Chef we also provide you with an exquisite fourwith course meal experience. The Event Host Rory Bremner
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Individual and tables oftoten are available to book Individual tickets and tables oftickets ten are available book via the website: www.birminghamlawsociety.co.uk or email: via the website: www.birminghamlawsociety.co.uk or email: gala200@birminghamlawsociety.co.uk for further information. gala200@birminghamlawsociety.co.uk for further information.
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EVENTS ROUND UP
SUMMER STYLE SOCIAL AT EVERYMAN BARBERS
Members of the Birmingham Law Society enjoyed style and grooming advice, entertainment, drinks and food courtesy of Everyman Barbers for their first summer social networking event.
of office styles to wear in the summer.
The evening, held at the brand’s Temple Street store, was attended by celebrity hairstylist Adee Phelan, who was also celebrating the 16th anniversary since cutting David Beckham’s hair and creating a nationwide hairstyle craze that day.
“It is always good for us to use new and exclusive venues for our networking events, to get together out of the office to network and then to also meet new faces. We shall definitely be doing this again soon and thank you to everyone for coming along,” he added.
Selfridges personal shopper Aaron Archer was also on hand to offer one-to-one advice
Regan Peggs, Director of the Birmingham Law Society thanked Everyman Barbers for the hospitality.
The event was supported by Everyman
Barbers, with food supplied by The Botanist, and photographs by Saul Morgan. Also on the night, guests had the chance to win VIP Snow Patrol Tickets for the Arena in Birmingham, a £50 Gift Card and Personal Shopping experience with Selfridges’ personal shopper Aaron, and Sunday Lunch for two at Hotel Du Vin. All invitees should also check their email regarding the Everyman Barbers' Corporate Card and discount. Find out more at: everymanbarbers.co.uk
SUMMER SPORTS EVENTS
The Birmingham Law Society cricket event was another successful sporting event. The following teams took part – DLA, Gowling WLG, Irwin Mitchell, No5 Chambers, Tuckers LLP, Thursfields BrumCats and the Wesleyan Willow Wielders. Gowlings WLG won with the final match being between them and No5 Chambers. The Man of the match award Anthony Barker QC Memorial trophy – was awarded to Ben Goldby the captain of the Gowlings WLG team. Nearly £2000 from the event itself for the President’s chosen charities Headway Brain Injury Association and the Jeff Astle Foundation. A big thank you to No5 Chambers for their support in organising another fantastic sporting event.
The Birmingham Law Society golf day was a roaring success too-a big thank you to Andrew and Helen Beedham for their hard work. The club laid on a past president of the club in blazer and tie to be our “starter” sending the players off. A big thank you for all our sponsors for the event Gleneages, Just Costs and Oosha Ltd. The Results: 1st place – Oosha Ltd 2nd place – Blackhams incorporating Allsopp and Co 3rd place – Higgs and Sons Nearest the pin competition: Chris Tweddle -Wulfrun Building Solutions Ltd. Longest drive: Alan Pirie of Gleneagles. Yellow ball competition: St Ives Chambers. Wooden spoon for the most bunkers – Peter Mottram - No5 Chambers.
18 www.birminghamlawsociety.co.uk
OUT OF HOURS
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AUTUMN SEASON AT THE REP yourself trapped amongst objects and clutter in the world premiere of Stuff, a play created through interviews with self-identified hoarders. Elsewhere in the season are the previously announced smash-and-grab hit The Comedy About A Bank Robbery, Bryony Lavery’s adaptation of Alice Sebold’s The Lovely Bones and the festive spectacular The Wizard of Oz for the festive season! January 2019 sees the return of the enchanting live stage show of The Snowman 25 years after it first came to life at The REP.
Roxana Silbert, Artistic Director of Birmingham Repertory Theatre recently announced plans for the theatre’s 2018 Autumn and Winter season. Speaking of the forthcoming programme, Roxana said: “New work is the life blood of theatre and The REP is honoured to be working with the best writers of their generation with 11 new plays across our three stages of which six will be premièred at The REP”. The first world première of the season is Rebus: Long Shadows, the latest story in Ian Rankin’s
legendary detective series which will be told exclusively on stage. A brand new staging of The Messiah starring Hugh Dennis, Lesley Garrett and John Marquez will be produced and opened by The REP, ahead of a UK tour and West End run. Other highlights include, Pop Music, a euphoric, nostalgic theatre party for anyone who has ever been a d*ck on the dance floor. All You Need Is LSD is an exhilarating and original comedy by one of the UK’s finest playwrights, Leo Butler. Find
Productions visiting The REP include Ian Hislop and Nick Newman’s The Wipers Times which tells the true story of a satirical newspaper created in the mud and mayhem of the Great War. Birmingham writer / performer Selina Thompson’s solo show about ancestry, home and colonialism, Salt visits The REP, as does Oladipo Agboluage’s play New Nigerians. And Katori Hall’s The Mountaintop– a sharp and intimate play about Dr Martin Luther King Jnr’s last days. Complementing the autumn theatre programme, The REP plays host to a comedy season of one-night stands from Iain Stirling, Chris Ramsey, Juliette Burton, Kai Samra and Ahir Shar plus a number of shows as part of the Birmingham Improv Festival. Find out more at www.birmingham-rep.co.uk
*Senior and Sixth Form - Dr Weeks, Headmistress, will give a talk in the Senior School, starting at 10.30am. *Westbourne and Preparatory School - Mrs Hartley, Head of Prep, will give a talk in Prep Library at 9.45am and 10.45am. Visit our website to book and for more detail ‘Outstanding’ and ‘Excellent’ - ISI Inspection ‘Out Transport from Sutton Coldfield, Streetly, Solihull, Stourbridge
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OUT OF HOURS CHRISTMAS THE AMPLIFY WAY Yes, it’s that time of year again when we need to start checking calendars and organising the all-important annual staff Christmas party. With so much choice available, and multiple tastes to cater for, it can often be a difficult and very daunting task for the appointed organiser. Take into consideration any Christmas gathering involving the invitation of clients than the stresses of this can triple. The team behind Birmingham’s premium hospitality provider Amplify, and their catering business Amadeus, know of these stresses more than anyone, offering relief to Executive Assistants and office staff across the West Midlands every Christmas, with their Show Cube Christmas packages at Arena Birmingham. With over 9 years’ experience in hospitality, they provide an alternative, premium option that takes your Christmas party experience to the next level. With three hospitality levels to choose from and the ability to book up to 14 people in the private Show Cubes, Amplify is a top pick this festive season. “The first thing to consider is to plan ahead,” says Sally Walder, General Manager of Amplify. “More often than not teams will wait until they are in the ‘Christmas spirit’ before considering their options. By late November, many of the quality offerings in the city are already fully booked, so I’d recommend thinking about your options early to avoid disappointment, especially if you have a larger team. This also helps with budgeting; Whether or not it’s going on the company account, there will always be small incidentals for individuals – extra drinks, hotels, travel that need to be factored in. We have a great deal with Park Regis at the moment, where Amplify members can receive 20% off their hotel stay when attending an event at Arena Birmingham.” Another topic of great discussion will be the varying opinions on what constitutes a great Christmas party. Go for more generic themes that will suit the most awkward of individuals in the office. Some of Amplify’s events across November 22 www.birminghamlawsociety.co.uk
and December such as Florence + The Machine, Years & Years and Madness are known to attract audiences that span across generations and demographics, making it a great night for everyone from your paralegal apprentice through to your senior partners. However, it is widely known that the catering can either make or break an event. With food and drink at the forefront of most people’s minds throughout the Christmas period, it’s important to get it right. Amadeus’ expert chefs combines culinary flair, attentive service and sustainable thinking to deliver the food element of the packages. They understand the unique challenges of events, private and corporate catering and the variety of dietary requirements that may need to be catered for at a Christmas party. Whether your team or clients prefer a three-course sit down meal, or just some simple canapes and drinks, it can be delivered. “Both Amplify and Amadeus appreciate more than anyone that the idea of a standard turkey dinner can be slightly uninspiring when organising an amazing Christmas party!” adds Walder. “So, unlike many Christmas party packages, we work together to offer high quality dinners, combined with a speedy service, to ensure our festive offer is dynamic and delicious.” To find out more about Amplify or booking hospitality for an event, please call the team on 0844 338 0333 or visit www.amplify.co.uk
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OUT OF HOURS
FALL INTO A BOOK THIS AUTUMN Almost every expert on health and wellbeing talk about the need to find some time for ourselves. A quiet moment of peace and solitude. A moment or two to simply read a book. Not court papers. Not a contract. But a moment to stop thinking about work, to relax and read. Whilst he is not offering you a Richard and Judy bookclub, Jason Hadden suggests a few, good books to see you through the Autumn...
the complications and stresses of life, isn’t it all too often that we let things fester and remain unresolved. This delightful book may well provide the impetus for change. Which brings us to Why We Sleep by Matthew Walker. If ever there is a book for stressed lawyers to read, then this is it. Walker, a neuroscientist, shows us how a good night’s sleep (this is what our grandmothers told us after all) can make us cleverer, more attractive (!), slimmer (!), happier and ultimately live longer. It’s a beautiful book; easy to read and one where you question why you did not know all of this stuff sooner. I have decided to leave you with two thrillers (we are lawyers after all and there is only so much escapism) and to make things more interesting you can actually win a copy of one of these books.
James Bond is the ultimate escape read what more do you want from a great spy story. Anthony Horowitz has taken over the mantle yet again from the great Ian Fleming to create a rather good sequel to Casino Royale, called Forever and A Day. This is Bond at the very beginning where Bond earns his licence to kill. It’s fun, it’s exciting; well it's Bond isn’t it. And from one great read to another. Harlan Coben offers us in Don’t Let Go, Detective Napoleon “Nap” Dumas (such great names!)in a murder mystery with romance, history and twist. Fifteen years ago, in a small-town, a teenage boy and girl were found 24 www.birminghamlawsociety.co.uk
dead. A suicide pact or murder? Well, that much is pretty obvious really. It’s a fun, easy to read escapist yarn. Waiting for the Last Bus by Richard Holloway The perfect book when reflecting on life, work and what it’s all about. Written by the former bishop of Edinburgh it considers old age as an opportunity for self-examination. But why wait? Sometimes, as he says, “there is no room for truth”; what’s needed is wisdom and compassion. A great read. In a similar vein Margareta Magnusson has written a thought provoking book entitled The Gentle Art of Swedish Death Cleaning. Dostadning, or the art of death cleaning is a Swedish phenomenon by which the elderly and their families set their affairs in order. But when reading the book, we wondered why wait? With
Two prizes: two winners.... The first is the great Belgian detective (he is not French) Hercule Poirot back in a new mystery written by Sophie Hannah entitled The Mystery of Three Quarters. It’s simply a beautiful read. Poirot returns home from lunch to find an angry woman waiting outside his front door, demanding to know why he has sent her a letter accusing her of the murder of Barnabas Pandy, a man she has neither heard of nor ever met (this kind of thing happens to lawyers in Birmingham all of the time). It a great yarn. And from one murder to another, The Death of Mrs Westaway by Ruth Ware is a real page turning thriller. Another letter and another murder. Seaside fortune tellers, turning up at a stranger’s funeral and looking for some fast cash. What more do you want from a novel? So to win a copy of either The Mystery of Three Quarters or The Death of Mrs Westaway, tell me in no more than 30 words - what is your favourite book and why? Email to Jason.hadden@ stiveschambers.co.uk
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OUT OF HOURS
DYLAN MORAN As he prepares to take Dr Cosmos across the UK, it might feel as though Dylan Moran has an intricately conceived game plan in place given that he announces a new comedy tour approximately every three years. But that feeling would be quite wrong. “I’m glad to be able to say that I don’t know how often I tour, because I can’t really deal with knowing exactly what I’m going to be doing. But I do enjoy touring and I’m really looking forward to this one. It’s great fun getting to go places. Last year I went to Lincoln: I’d never been there before.” A reader and a thinker, Dylan is always alert to the comedic or philosophical possibilities all around him. And never is this more apparent than when he’s on the road. “I try to make myself very responsive, and you’re always on when you’re touring, constantly receiving and transmitting, but you can’t be like that all the time. You have to come home and be a boring dad. Which I’m very good at apparently. And yes, they tell me that in no uncertain terms.” Little do they know, perhaps, that this dull father is one of the most acclaimed UK-based comedians of the past three decades. In 1996, at the age of 24, Dylan became the youngest winner of the Perrier Award, and this Navan-born, Edinburghbased comic, actor and illustrator (his ‘doodlings’ are likely to be used as the backdrop to his new live set), has continued to woo the critics and charm his audiences with live shows such as 26 www.birminghamlawsociety.co.uk
So, who is this Dr Cosmos that Dylan Moran speaks of? Is it some fictional man of the world? Or is it the Irish comedian himself in stage guise? “I get these ideas for themes or identities that obsess me for years and Dr Cosmos has been around for a while. I’m writing a pilot episode which has Dr Cosmos as the title and it’s about all kind of things, like consumerism and mental health. It’s the idea of a snakeoil salesman, like those ads you see on the net about losing your tummy by eating bananas or not eating bananas, whatever it is. A lot of the live show is about people just trying to cope. The big things still apply: family is still there and the root systems don’t change, it’s just the way we’re living has.” Much of this new way of living has, of course, much to do with the technology that seems constantly at our fingertips. It’s fair to say that Dylan isn’t exactly approving of our dependency on screens. “Look at the mystery that has been taken away from us: the whole romance of human history was made by all the imagination and projection of people in one place wondering what was over the hill. There was myth and storytelling, but now everything we could concoct in the dark has been replaced by the crystal clear Samsung LED screen. All those deliberations that were needless but very human and showed how inventive, capable and nutty we were has been swept away now.”
Monster, What It Is, and Off The Hook, while his TV and film credits include Channel 4 sitcom Black Books, BBC comedy-drama How Do You Want Me?, brittle Irish movie Calvary, and zombie rom-com Shaun Of The Dead.
“A lot of it is about pulling the squirrels out of the bag and giving them a name or a number. Let’s just say that I’m organising the squirrels.” But never does Dylan seem more alive than when he’s working his material before a live audience. “I have high hopes for this show, I’m really into it. And I’m really into what an incredible time it is to be doing comedy. I want people to come in and have a great time and go home feeling better. I’m not going to ask people to understand anything too complicated or anything that I feel can’t be understood. A lot of it is about pulling the squirrels out of the bag and giving them a name or a number. Let’s just say that I’m organising the squirrels.”
So where does over-reliance on technology that answers all our questions in a nano-second leave the art of storytelling? “I think people are desperate for it; we really need it. And we need to be around the fire and hear it. We’re confused about what’s happening to us now, and that’s why you get Brexit and you get Trump and you get all this polarisation.” If people are craving stories and storytellers, then they can still delight in the innovative world of Dylan Moran. And the good news is that he has plenty to say. “I write a lot, so I’ve got tons of material. That’s never been a problem for me, the problem is deciding exactly what to do with it. Much of what I have for this show is about the incredibly fluid nature of now, how disorientating and tiring it all is and how it feels to try and orientate yourself and stay foursquare on the earth.” What Dylan won’t be doing is looking around at other comedians for inspiration or to glean a sense of what’s on other people’s agenda. He’s certainly not immune to what’s going on in the comedy world and enjoys everything from the Dutch absurdism of Hans Teeuwen to the smart observational work of Kevin Bridges, but you’re unlikely to find him lurking in the shadows at a stand-up show. “That’s just sensible. Are there jockeys out there hiding behind hedges looking at horse races? I don’t think so. Are there hookers with their noses pressed up against the windows of cheap hotels? I don’t think so . . . I don’t know why hookers and jockeys came to mind, but there you go. I don’t seek live comedy out but I love it when I see someone who has their own voice.” Dylan Moran: Dr Cosmos will be at the New Alexandra Theatre on the 22nd September. www.dylanmoran.com
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