BirMinghAM LAw SocieTY’S new preSiDenT€¦ · Birmingham Law Society is inviting volunteers to become Bulletin’s editor! ... As a family law committee meeting with D J gibson

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BirMinghAM LAw SocieTY’S new preSiDenT

MAY - June 2015

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in picTureS 12

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The articles published in the Birmingham Bulletin represent the views of the contributor and are not necessarily the official views of the Birmingham Law Society, or of the editorial board. The magazine or members of the editorial board are in no way liable for such opinions. whilst every care has been taken to ensure that the contents of this publication are accurate, we cannot be held responsible for any inaccuracies or late changes. no article, advertisement or graphic, in whole in or print may be reproduced without written permission of the publisher.

conTenTS

outgoing president’s report - eileen Schofield

04

guiDAnce froM The experTS

conveYAncing 13

BooST for BirMinghAM AS BAr courSe receiveS vALiDATion

MeMBerS’ newS 26

www.birminghamlawsociety.co.uk | 3

editorial copy to:Birmingham Law Society, Suite 101, cheltenham house, Birmingham, B2 5BgTel: 0121 227 8700 Dx 13100 Birmingham

regulation reportJayne willetts

25

DATeS for Your DiArY

evenTS 30

BLS To SupporT TinY BABieS Big AppeAL

chAriTY 29

SrA upDATe

reguLATion reporT 25

The LATeST froM The pro Bono coMMiTTee

pro Bono 21

phoTo’S AnD prize winnerS

BirMinghAM LAw SocieTY AgM 08

Contents

The Bulletin needs you!Birmingham Law Society is inviting volunteers to become

Bulletin’s editor! Think you have what it takes to be one?

please contact [email protected].

MuShTAq khAn

incoMing preSiDenT’S reporT 06

4 | www.birminghamlawsociety.co.uk

preSiDenT’S reporT

i was mindful of the excellent achievements of my predecessors

and set out to build on their successes, i wanted to create

further opportunities for all of our members to engage with the

key decision makers around the city. greater Birmingham is

undergoing significant transformation and by further engagement

with the decision makers around our great city, Birmingham Law

Society has won a seat at the table when decisions are taken to

shape our city. our commitment to supporting the chamber of

commerce, marketing in Birmingham and the Lep will lead to

further opportunities for all of our members.

i also wanted to raise our international profile in order to showcase

the excellent range of skills of our membership which are more

competitive and equally extensive compared to London.

Almost as soon as i took office i became aware of the ‘Birmingham

Day’ at the house of commons. gisela Stuart Mp for edgbaston,

i proposed BLS as a partner to support her ‘Birmingham Day’,

gisela accepted, i saw that as an excellent opportunity in raising

awareness, amongst other politicians and invited guests, of the

talent and opportunity that Birmingham has to offer in the legal

sector.

The day was a great success, not least because i met with

Lucan grey the owner of the custard factory, which houses

144 businesses which work predominately in the creative hub.

following on from that meeting with Lucan at the house of

commons, BLS has set up the legal clinic which offers on site

legal advice to businesses located in the custard factory. The

initiative is in infancy but is already stirring up interest with other

hubs around Birmingham.

During the course of my year i have been able to attend most of

the committee meetings and have listened and participated in the

lively debates which take place at the monthly meetings. we owe

a debt of gratitude to the committee’s members for their hard work

and commitment and for their unfailing commitment to responding

to the consultation papers and ongoing issues affecting the legal

sector. i want to give a special mention to the criminal Law

committee chaired by James Turner, the committee has fought

hard to challenge the cuts to the legal aid fund a fight which has

not succeeded and which will undoubtedly result in decimation in

access to justice.

As a family law committee meeting with D J gibson it became

apparent to me that in all of the debates connected to access

to justice nobody had sought the opinion of the litigant in

person. Through further discussion with the chair of the family

committee claire Darley i crafted a questionnaire which through

the engagement of the university of Birmingham will be refined

and form the basis of a funded piece of research conducted by

the university. it remains to see the outcomes of this research but

we hope that it will provide much needed data to show the impact

of the restrictions to access to justice on members of society who

seek to access legal support.

My charity of the year is The prince’s Trust, based locally in the

custard factory, the Trust supports disaffected youth to re-engage

them into society thereby enabling them to have a more stable

future. i chose this charity now only because i wanted to raise

money to support the good work of the Trust but i was mindful of

the fact that as lawyers we are good role models for these youth

and with that in mind i have ‘recruited’ a small number of solicitors

who i think would make excellent mentors. The group of 6 solicitors

will attend a 2 days mentoring programme following which we will

mentor 2 participants over a 2 year period fully supported by the

Trust. i am grateful to those who have agreed to take part in the

mentoring programme; it will make a real difference to the future

of these young people in our city.

The Board under the excellent leadership of the chairman chris

owen has gone from strength to strength in ensuring that the

day to day management of the Society is in good hands. Much

of what is achieved year on year is down to the hard work and

commitment of the officers, the Board and the team in the office.

i have had an extraordinary year and feel extremely privileged to

have represented Birmingham Law Society as president. i hope i

have served you well and whilst i feel some sadness as my year

comes to an end i am confident that Birmingham Law Society will

continue to lead the way with innovative ways of engaging with the

Society’s membership, the all - important sponsors and all of our

partners around Birmingham. n

eileen Schofield

president

Birmingham Law Society

outgoing President’s ReporteiLeen SchofieLD | preSiDenT | BirMinghAM LAw SocieTY

i started my term of office as president with much enthusiasm and commitment to the role of president and as l finish my term i leave with the knowledge that Birmingham Law Society has a very positive future; the initiatives for our members and the plans in place for the BLS owned building once implemented, will secure the future of Birmingham Law Society for many years to come.


Just costs Solicitors presents…

Jackson reforms “The cotton Anniversary”Thursday 14 May 20152.00 pm – 5.00 pm (registration 1.30 pm)At Sgh Martineau, no 1 colmore Square, Birmingham B4 6AA

KEYNOTE ADDRESS FROM DISTRICT JUDGE BESFORDDistrict Judge Besford is going to be talking about “Costs Budgeting – A Personal Reflection” Also Speaking will be:PJ KIRBY QC, HARDWICKE CHAMBERS“If Indemnity costs are the answer what’s the question?” pJ considers the circumstances in which the costs judge may be persuaded to depart from the budget and in particular the importance of orders for costs on an indemnity basis. PAUL SHENTON, MANAGING DIRECTOR, JUST COSTS SOLICITORS“Sleepwalking Into Disaster: Elvanite and the Consequences of Not Complying with Approved Budgets”

• Courts will not depart from a costs budget on an assessment of costs without ‘good reason’

• The substantial majority of parties who have had costs budgets approved have not subsequently sought to vary any of their costs budgets

• This either means that those parties are progressing their cases knowingly and safely within budget or are progressing their cases without actually knowing whether they are in budget or not

• More than 40% of all costs budget audits we have conducted have identified an overspend (of between 5% and over 100%) in at least one of the litigation phases

• Accordingly, parties must carry out regular costs budget audits to ensure they are working within budget and are not potentially working for free if they are not.

For further information or to book your place, please email Lynn Edwards [email protected] or telephone: 0161 359 4650


now to the AgM. good evening everyone. i am delighted to

welcome so many friends and colleagues. Thank you so much

for coming and for your continued support of the society.

i am humbled and honoured to be addressing you as the

120th president of Birmingham Law Society at the 196th AgM

and to be following in such fine and far reaching footsteps.

My sincere thanks go to eileen for all that she has contributed

as president over the last 12 months. her energy and hard

work has been inspirational. This was demonstrated recently

by her enthusiasm for putting on the “The Exonerated” play

- The play tells the true story of five American men and one

American woman who were convicted and sentenced to

death for crimes they did not commit. i have to declare it took

many of us including me out of our comfort zones when we

were asked to take part in the play.

The play put a spotlight on miscarriages of justice and the

importance of access to justice. it was also very well received

by the paying audience. Thank you eileen.

View of the market

i speak to you today whilst we are in the midst of preparations for

the country’s closest and most unpredictable general election

in memory on May 7. The spotlight remains on the economy.

The legal services sector in Birmingham and the region has

not escaped the recession and that coupled with cuts to legal

aid has placed significant strain on many.

in the words of Bob Dylan, “The Times They Are A-changin’”.

Birmingham and the region is now emerging more strongly than

elsewhere and is steadily taking shape as a new commercial

and industrial powerhouse. exports from the west Midlands

have grown by 30 per cent in 2 years, compared to 2 per cent

nationally; the region uniquely boasts a trade surplus with

china; and more businesses were created in Birmingham last

year than any city outside London – more than 16,000 in total.

we have the largest business, professional & financial services

hub in the UK outside London, bringing £23 billion (25% of

gvA) into the region and employing nearly 220,000 people.

An integral part of this is the legal services industry which

is regarded as a centre of legal excellence and is one of the

largest legal services centres in the uk outside London and

home to the largest local law society.

we are not totally out of the woods but these are exciting

times for Birmingham and the region’s future prospects when

you think about what is going on with JLr, hS2, hSBc, new

Street station, John Lewis, the work at the airport and the

many regeneration projects taking place.

i have long been a passionate advocate of Birmingham and

the wider region. The legal services sector as part of the

business, professional & financial services industry has an

important part to play in the economic and social wellbeing

of this region.

Birmingham Law Society with its strap line, “One Region;

One Profession; One Voice” sums up perfectly what the role

of this Society should be. it is about bringing together legal

professionals within this region and ensuring they are able to

speak with one voice. By having a closer and more cohesive

legal community, the Society has a louder voice to shout out

when required. it stands to reason that the more powerful this

voice the greater benefit it will bring to our legal community

(and the region).

President’s role

part of the role of the president is to deal with business as usual

including planned events - the known knowns and responding

to the unplanned events - namely the known unknowns and

the unknown unknowns!! it is the latter category that tend to

be the most difficult ones!!

Looking at the year ahead, the market conditions are upbeat

for some member businesses, particularly those undertaking

commercial and real estate work, and less so for others, in

particular those undertaking public funded work.

There remains ongoing concern and uncertainty about

changes in compliance, regulation and cpD, while new

threats, such as the changes to regulation of consumer credit

agreements remain on the horizon.

Chosen themes

As president i have three themes for my term in office:

1. firstly - the members: engage with member firms/

chambers and champion their aims and business objectives.

2. Secondly - the region: promote Birmingham and the

region as a centre for legal excellence – As the London

market overheats, there is a desire for large and international

Incoming President’s ReportMuShTAq khAn | preSiDenT | BirMinghAM LAw SocieTY

i should begin with a short introduction. i am a local boy – born and bred in Birmingham and i live and work in this city. i am a partner at national law firm freeths LLp.



businesses to interact with firms outside

of the magic circle and Birmingham and

the region is well placed to deliver.

3. Thirdly the Profession: raise the

profile of the legal profession in the

region with reference to the economic

AnD social value provided by the legal

services sector.

nominated Charity

one of the honours of being the president

is you get to choose the charity for the

Society. My approach on this was quite

simple, four tests:

1. Local charity.

2. 100% of money raised gets spent on

intended purpose.

3. it makes a real and tangible difference.

4. Legacy, the benefit continues after my

year in office.

i am delighted to say that i have found a

charity that ticks all four boxes and that i

have chosen to support the ‘Tiny Babies, Big Appeal’ charity

at Birmingham women’s hospital. This charity raises funds to

help support the care of sick and premature babies across the

west Midlands. we shall be supporting the charity by raising

funds to purchase:

• a Panda Resuscitaire machine for the neonatal unit. The

hospital requires this life-saving mobile unit for babies who

need breathing support and it costs £13,987.80.

we shall have a number of fund raising events through the

year, including an abseiling event. please do join and support

this very worthwhile charity, where every penny raised will be

directed to the purchase of this life-saving machine.

aCknowledgements

The Society runs on the incredible work and commitment from

the professional officers, Board Directors, council members,

and the professional staff team, who play an invaluable part in

the success of this society and i thank them and look forward

to working with them.

The Society’s committees, are an essential component of

BLS, they have a wealth of expertise

and experience and are well placed to

continue to play an important role in

sharing good practices. They also work

in partnership with the learning and

development team by providing training

and holding conferences. The committees

help prepared the Society’s response to

consultations on a variety of important

issues for our members. i thank them for

their good work.

The Society is blessed with wonderful,

loyal sponsors and i do thank you for your

continued support.

i am very grateful to my partners at

freeths LLp and in particular richard

Beverley, the Managing partner, and the

chair of our Board, colin flanagan, for

supporting me to take up this role, thank

you.

i am especially grateful to my family

whose support is the reason i’m up here right now. My

mother, late father and brother have all been inspirational and

incredibly supportive. without them i would not have joined

the solicitor profession. And finally, my wife Samina, for her

continued support and faith in me, thank you.

finally...

Before i close, to members who are thinking about getting

involved, i simple say this, “do it!”. You get out what you put

into this great Society. i urge you to get involved with the

Society’s committees and initiatives outside of the day job.

You will develop skills, build friendships, networks and open

up opportunities that will not only help drive your career or

business but will give you a sense of satisfaction that you may

also have helped make the city a better place.

That’s all for now – thank you for listening. n

Mushtaq khan

president of Birmingham Law Society

28th April 2015



BLS AgM


GOLD PRIzE WINNER

(BOOK TOKENS TO THE

vALUE OF £250):

Andreas nørrelykke

Steffensen, Trainee

Solicitor at wragge Lawrence graham & co

SILvER PRIzE WINNER

(BOOK TOKENS TO THE

vALUE OF £150):

carrie victoria ferris, Trainee

Solicitor at Mills & reeve

BRONzE PRIzE WINNER

(BOOK TOKENS TO THE

vALUE OF £100):

iyanu-oluwa Toluwalagbra

onalaja, Trainee

Solicitor at higgs & Sons Solicitors

HERBERT WILLISON PRIzE

AND PETER NICHOLLS

PRIzE (BOOK TOKENS

TO THE vALUE OF £50

FOR EACH PRIzE)

Both prizes won by victoria Sarah Taylor who has

secured a training contract with Sgh Martineau LLp.

50 YeArS in Service AwArDS

chriSTopher ALDriDge,

penmans Solicitors

01/07/1964

hArrY hoDgkinSon,

gill & Bassi Solicitors

01/06/1964

MichAeL hAMMon,

hammons Limited

01/06/1964 n

prize winnerS AT The AgM

BLS AgM


feATure

Many of us now have a bi-yearly purchase

cycle when it comes to personal technology

– and my zenith came just before christmas

as my mobile phone contract came up for

renewal. i decided it was time to upgrade

my beloved iphone 4S – the battery was no

longer lasting more than half a day and the

large crack in the back was depositing a layer

of glass dust in my pocket on a daily basis.

The phone had seen better days, but i had no

reason to change the software on it – it took

photos, managed my email and diary and

even delivered the odd whatsapp message

from my wife of my little girl making a mess

(usually with the hummus).

Despite my love of the easy to use operating system, i saw the

draining battery as a major problem and began looking for an

alternative that would mean i could work out of the office all day

without needing to switch on the laptop. i needed options.

FOOL ME ONCE...

i immediately discounted anything running Android as, through a

previous and very short lived flirtation i had found the operating system

buggy and as i use the phone for work i had concerns about the level

of app security – friends had downloaded viruses by mistake and i

didn’t want such a business critical tool to succumb to malware.

That left me with just two runners, windows phone and iphone

6 (yes Blackberry was also excluded!).

i looked at the features released with iphone 6, saw nothing that

looked like it progressed the device very far and discounted it

– the cost seemed too high for what i saw as an incremental

upgrade. This was mistake #1.

i then saw the latest windows phone advert and liked what i

saw – fantastic camera, oneDrive cloud storage integrated into

the core, access to the defacto in productivity tools, office, and

a very competitive price... it looked great and without a second

thought or further consideration i bought one the very next day.

This was mistake #2.

THE HONEYMOON PERIOD

At first i loved it. The quality of the photos it took were fantastic,

so good that i have one blown up to A1 in my lounge, and the

battery was so strong that even after a full day

it would still turn on the next morning. The

oneDrive integration meant i could work away

from the office without taking my laptop, and

everything just worked together well. for two

months, all seemed rosy.

And then it happened. i can’t remember what

i was doing, but i started to get annoyed

with things. The available apps were limited

in number and scope and those that i did

use paled into comparison against ioS. The

“Basics” became a frustration to - the music

app was really hard to use compared to iTunes,

and the cloud storage capability became a

messy rigmarole. i was getting more and more frustrated by the

day – the operating system was grinding me down and actually

becoming a counter-productive tool. i fell out of love, and i

needed a divorce, quick.

So, what did i do? i undid my mistakes, quickly. i managed to

convince my supplier to give me an iphone 6, for a small fee, and i

returned the windows phone. Yes, my wallet is a little more damaged

but now i have the phone i should have bought... The operating

system is ioS 8, newer than i was used to, but it provides me with

some great new features (yes health, i really am that lazy), but i am

still rewarded with that familiarity i am used to. i’m happy and firmly

back with Apple, but most importantly i’ve learnt that when it comes

to tech i should always look before i leap i’m not saying i wouldn’t

try a different brand again, but i will consider my options carefully.

what, you may ask, has this to do with Legal Technology? well

looking for a cheaper deal may see you switching to a provider

with an inferior service. Sluggish performance, having to find

work-arounds and a loss of familiarity all have an impact on an

individuals’ performance in their daily duties. new software takes

a long time to bed in, and there is usually significant resistance to

such change – even as far as an almost militant desire to switch

back to their old provider. Taking that upgrade from a provider

you know and trust may seem expensive, but ultimately you will

receive the service you expect – and the familiarity needed to

remain productive throughout the upgrade process. n

John flanagan

product ManagerAdvanced Business Solutions

Look before you leap (or how to avoid “blind purchase syndrome”) i wanted to share this cautionary tale as a warning to others - it involves technology, some hummus and an impatient consumer... oh and a mobile phone.



in picTureS

The Botanist Networking Event - 23 April 2015

Bhavna Parekh, Wesleyan; Eileen Schofield, BLS President; Georgina Taylor, Mercedes Benz Wolverhampton

Russell Sessford, Forresters; Nicole Bowen, Enoch Evans; Nick Palmer, Forresters

Jedd Bodman, St Philips Chambers; Indya vengatasamy, St Philips Chambers; Daniel Shiane, St Philips Chambers

Aaron Naisbitt, Converge; Martin Allsopp, BLS Past President; Edward Smith, Arthur J. Gallagher

Arvind Sharma, Tuckers Solicitors;Harjit Rashoda-Chauhan, Tuckers Solicitors;Dominic Allaway, Bham City University

Tim Pole, No5 Chambers; Thomas Schofield, No5 Chambers;Talbir Singh, No5 Chambers

Pauline O’Rouke, Ward & Rider; Karen Bailey, Bailey Wright & Co; Angela Henry, Carltons Solicitors

Fiona Toolan, Shakespeares; Helen Graham, Nel Buck, Kennedys; Ramjeet Authi, Shakespeares

Emma Hulme, Thompsons; Lydia Cox, Browne Jacobson;Lorna Burns, Thompsons

Ben Woodhall,.Arthur J. Gallagher;Rose Klemperer, Anthony Collins;Sarah Greenhalgh, Anthony Collins; Chris Brewerton, Brimingham City FC

The Botanist Birmingham are running an exclusive competition for Birmingham Law Society. You can win an ale tasting masterclass for 10, all you have to do is tell them your favourite beer/ale and provide your email address,

a contact number and name. entries to be emailed to- [email protected] with the subject ‘Birmingham Law Society’, winners to be announced after 21 May 2015.



conveYAncing

indeed, flood re itself has

been known to be succeeding

the Statement of principles

since the government

and ABi reached outline

agreement back in July 2013.

however, as the deadline

to launch the new scheme

draws ever nearer – currently

“summer 2015” - it’s a

good time to take a look at

some of the finer detail that

may be pertinent to legal

professionals.

HOW DOES IT WORK?

one of the over-riding

principles behind the scheme

is that it should allow the

market to operate in a normal manner rather than limiting the

consumers’ choice of insurers to a specialist pool. As such, the

scheme works by encouraging insurers to compete for business

even in high flood risk areas safe in the knowledge that the flood

element of the policy is passed into flood re.

The flood re element is organised and priced in bands, based

on council Tax Bands ranging from £210 for Band A rising to

£540 for Band g (much lower than would otherwise be quoted

without the scheme in place). Band h (and i in wales) properties,

previously announced to be excluded, will now be included

within the scheme – the premium threshold will be £800 for a

buildings policy or £1,200 for combined buildings and contents

policy.

Quotes will happen automatically for the 1-2% highest risk

homes (an estimated 350k properties) and any claim against

the policy should be made in the normal manner (with flood re

reimbursing the insurer behind the scenes) - in other words, the

homeowner won’t necessarily even know if their property is part

of the scheme or not.

WHAT PROPERTIES ARE NOT INCLUDED?

whilst the scheme will deal with the majority of at-risk properties,

there remain some notable exceptions; homes built after 1st

January 2009, commercial properties (flood re will release clear

guidelines for borderline properties such as Bed & Breakfast in

due course) and leasehold blocks (although leasehold blocks of

three residential units or less may be included if the freeholder

responsible for purchasing

the insurance lives in the

block).

WHO’S PAYING FOR IT?

The insurance industry itself

has paid around £10m to set

up the scheme, and it will

have two sources of income

once operational. firstly, the

flood element of policies that

are paid into the scheme (as

above) and secondly the

cross-subsidy that already

exists in the market under the

Statement of principles. home

owners in areas outside the

scope of the scheme, then,

will not see any difference as

a result of the changes.

WHAT DOES IT MEAN FOR CONvEYANCING?

The Law Society practice note on flooding (section 3.1) states

“in all conveyancing transactions, when acting for a prospective

buyer, tenant or lender, you should mention the issue of flood risk

to your client and, if appropriate, make further investigations.”

The introduction of flood re does nothing to alter this statement

of best practice, and by choosing an environmental report such

as Landmark information group’s envirosearch residential,

which includes a high level of flood risk screening information

about all types of flooding, for every transaction solicitors and

conveyancers can easily meet this requirement. That report will

highlight, again in line with the Law Society’s advice, where there

is a particularly high risk and further investigation is therefore

warranted.

Landmark also offers, at no cost, a report recommendation

Service to all search companies, which highlights at point of

ordering a search pack where a more detailed, complete flood

risk assessment (which includes clearly mapped data about

the likely depth of flooding events along with an insurability

statement and access to insurance advice unique to the property

in question) should be provided.

in order to avoid having to increase client quotes mid-way

through a transaction, it is increasingly becoming best practice

to use such a recommendation tool (or, indeed, a dedicated

quoting system as offered by a number of search companies) as

part of the standard client acquisition process. n

Flood Reflood re is not a new concept – the outgoing Statement of principles that the scheme replaces has been operating since 2000 and had essentially the same goal; to ensure that property in the uk can be insured, even in areas of high flood risk and without excessive cost to the owners.



conveYAncing

WHAT IS FLOOD RE?

following the water Act 2014, the government have announced their

plans to introduce flood re, which was expected to roll out in July

2015 but the election has got in the way and the regulations won’t be

laid before parliament before September/october. That assumes of

course no further political interference.

flood re is a not-for-profit financial scheme designed to ensure that

affordable flood insurance is available for home owners in the most

seriously affected areas. it is owned and managed by the insurance

industry and has been created to protect against large scale losses.

it is being rolled out in 2 stages with a year long trial prior to full

implementation in 2016.

WHAT DOES FLOOD RE CHANGE FOR THE CONSUMER?

The process of obtaining flood insurance through standard home

insurance policies will not change for consumers, as flood re is an

internal protection measure for the insurers. The introduction of flood re

could actually make insurance premiums more competitive as insurers

will be able to pass the flood component of the policy to flood re. if a

consumer needed to claim on their insurance policy, they would deal with

the insurer in the normal way, flood re would simply sit behind the policy.

WHERE DOES THE FUNDING COME FROM?

To fund this, there is an initial £10 million investment that the insurance

industry is financially supporting. going forward the flood re

investment pool will have two sources of income: The first source will

come from the existing flood component of the home insurance policy,

and premiums will be capped based on council Tax bands.

The second is that all home insurance premiums will carry a 2.2%

levy (which equates to a national average of approximately £10.50 per

policy). contrary to recent reports, the Association of British insurers

have explained that “this will not lead to an ‘extra £10.50’ on customer

bills; customers already pay the equivalent amount to cross-subsidise

high flood risk already. The levy will simply formalise this arrangement.”

Together, it is hoped that this will create a contingency fund of £180m

a year, which will contribute to the clean-up operations from future

floods. however the floods of 2007 (that affected South Yorkshire

and humberside) cost the insurance industry £3bn to clean up;

which highlights that this is only a transitional relief from much higher

insurance premiums in the future for all homeowners.

if a property has suffered flood damage in the past, or if the property

is within an identified flood risk area, it can sometimes be difficult to

find insurance cover.

flood re ensures domestic properties within the uk that are in ‘high risk’

areas have access to affordable insurance policies. it is not yet clear whether

the “three strikes and you are out” policy of flood re will be applied however

however, flood re is not a lifetime guarantee of affordable insurance and

homeowners will have to protect themselves against flooding in the future.

This is why obtaining a flood protection report by a chartered Building

Surveyor is so important. if insurance becomes unaffordable the value of

the home is at risk. The government Minister Lord de Mauley stated: “We

want households to become more aware of their risk. Therefore allowing

them to make informed decisions and providing incentive for investment in

flood defences and resilience at both the community and individual level.

Adjustments in house prices whilst insurance premiums will be a necessary

part of this transition. We believe that 25 years is a reasonable period of

time in which to manage a gradual transition for those affected personally.”

The flood re approach raises other questions such as: how do valuers

properly appraise residential assets where the guarantee of flood

insurance cover is a shrinking asset? And if a homeowner typically takes

a 25 year mortgage but there is only 15 years left on flood re, what then?

WHAT PROPERTIES ARE ExCLUDED?

flood re does not apply to commercial property; neither does it apply

to leasehold properties which may include blocks of flats. Although it

is mooted that where there are less than 3 flats in a converted house

that this will fall inside flood re. it doesn’t apply to small and medium

sized enterprises nor does it apply to properties above council Tax

Banding h, or the private rented sector which is becoming the tenure

of choice for many people.

All these exclusions make some of our prime assets vulnerable to

capital swaps because of the issues and challenges raised by Basel iii

where the banks have to take a high level view of their capital adequacy.

ARE YOUR CLIENTS AT RISK?

According to the environment Agency, there are approximately 5.2

million properties in the uk at risk from flooding or more simply, 1

in 6 homes. Latest guidance for the Law Society states that during

a conveyancing transaction you should discuss the risk of flood with

your clients and where appropriate make further investigations.

pSg have a wide range of environmental and flood reports to support

you in your best practice due diligence and ensure your clients are

aware of any potential risk. n

For more information and to find your local PSG office

Email [email protected]

visit www.psgconnect.co.uk or Telephone 01226 246644

About Philip Wilbourn: Philip Wilbourn is Director of Future Climate Info and provides the Professional Opinion on FCI’s suite of Environmental Reports, which reports on Contaminated Land, Flood, Ground Stability and Energy & Infrastructure. Philip has also completed a guide for consumers and small businesses which was launched in October 2010 in the company of H.R.H Duke of Gloucester entitled “A clear guide to Flooding. For property owners” In March 2012 Philip Chaired the Flooding Conference at RICS designed as an important contribution to an issue that affects all stakeholders in property. In 2014 Philip has contributed evidence to the debate on the Water Bill and the impacts on real estate values. As a result he has featured in the media notably in The Guardian and The Times as well as appearing on Sky News. Latterly he contributed significantly to the edition of Week In Week Out entitled “Seaside Retreat” broadcast by BBC Wales on 28th October 2014.

FLooD Re: Who, What, When, Where, WhyMarketing leading conveyancing search provider pSg asks philip wilbourn, Director of future climate info to explain the flood re Scheme.


conveYAncing

“Implementing a lean business practice into a law firm will

certainly help its profitability,” comments Searchflow head of

Marketing, Adam Bullion. “These don’t have to be enormous

changes, but reviewing standard business practices can

reveal some sticking points which could be improved and

save firms valuable time and money.”

one of the ways conveyancers can improve efficiencies

is through the partnership with a search provider which

understands their business. Bullion explains, “The search

process is a big part of the conveyancing operation, so finding

the best search provider for your firm is essential. Not only will

this help profitability, but it will also benefit relationships with

customers through the quick delivery of accurate results.”

however, the market place is crowded with search providers.

with strong competition, and little apparent differentiation

between each provider, it may be difficult to decide which

one to choose.

Searchflow has put together a list of top 10 questions

conveyancers should ask their search provider to ensure they

get the right level of expertise, speedy service, flexibility and

convenience that makes lawyers’ lives easier:

1. are you able to place search orders in three simple steps?

ensure that it is a simple process to reduce time wasting. And

ensure that risk screening takes place, identifying areas of risk

and recommending search types, so you don’t have to search

again to find missing or incorrect information.

2. do you offer state-of-the-art mapping tools? A map

should offer aerial views to make it easier to find difficult

properties. This reduces processing time, as well as ensuring

that the correct properly location is plotted.

3. are you a member of a search code compliant regulatory

body? Lenders accept searches from search providers if

they are part of a regulatory body such as copSo. This also

offers protection for anyone who relies on the information

from the property search reports, as well as ensuring a

quality standard throughout the products and services on

offer. Membership of a regulatory body gives consumers and

property professionals confidence in the data provided.

4. do you have extended coverage for negligence or

omissions? how much additional cover do you offer?

This gives you reassurance and the confidence to know that

you can take out additional, comprehensive cover whenever

necessary.

5. how do you add value to specific areas of my business?

can your search provider go the extra mile and offer you

more than just search? This can take away the administrative

burden from you, freeing up your time so you can focus on

responding and servicing your customers more efficiently.

6. are you an nlis channel? This is an electronic connection

to all local authorities that reduces waiting time and is

regulated, again, offering you peace of mind.

7. are searches accurate, comprehensive and up-to-date?

Ask whether or not the provider uses database information

(derived data) or if the information is real-time and fully up-

to-date. ensuring data is comprehensive will help to avoid

defects. Searches should be Search code compliant.

8. how proactive are you? Your search provider should

work with you to ensure an easy set-up and provide ongoing

support. will they notify you about change of delivery dates,

changes in legislation, Law Society guidance notes and

proposed changes within the industry? They should be able to

support you and keep you up-to-date with the conveyancing

market.

9. do you employ a dedicated personal search team? They

should be able to provide an efficient personal search service,

obtaining data from source. This should therefore give you

a fast turnaround time and is a convenient way to deliver

against your service-level agreements.

10. do you share performance analysis? Your search provider

should be able to share with you the volume of searches

performed, how many have been manually intervened, insight

around resolution times, and reasons for delays.

Your search provider should be able to answer these

questions with ease. if they’re able to confirm each of these

points, it will enable you to maintain a search process that is

as stress-free and simple as possible, while helping you run

an efficient conveyancing operation.

call 01732 523952 if you would like to speak to Searchflow

about the services they offer. n

top 10 questions to ask your search providerSearchFlow’s latest Conveyancer Sentiment Survey revealed that 48% of conveyancers cite profitability as their main concern for this year when considering their own business. But in the cut and thrust of a busy legal practice it can sometimes be hard to see the wood from the trees. Taking a step back and examining business practices, then thinking about ways to introduce more effective and efficient ways of working can be one way to boost that all-important bottom line.



conveYAncing

for example, when an insured applying for planning permission or

other consents to carry out works to a property, he or she may put

themselves in danger of invalidating an existing indemnity policy

which is covering previous works carried out to their property. Many

insurers will automatically void all claims that arise as a direct result

of such applications without exception.

policy duration and transferability is also often overlooked. for

example, many chancel policies are limited in time which is usually

to 25 years or the duration of the named insured’s ownership and/

or excludes all successors in title. Depending on your client’s needs,

this may or may not be adequate or appropriate.

it is clear from above two examples (and there are more), that all

Legal indemnity insurance policies are noT equal. whilst, policy

costs remain one of the factors a conveyancer needs to consider, it

is by no means the most important factor. Surely the most important

factor for any conveyancer is ensuring that their client’s legal

indemnity needs are fully matched with right policy.

At guaranteed conveyancing Solutions (gcS), not only do we truly

believe in comprehensive cover terms as standard across the whole

of our policy range, we also believe in simple wordings which is why

our policies are one of the most easy to understand.

for example, gcS makes it clear in our wordings that new works

‘can’ be carried out to the property provided that the lack of

consent/s for the existing works is not drawn to the local authority’s

attention and provided that the new work is not reliant on or in the

same area as the work/s covered by the policy. Additionally, gcS’s

no search chancel policies all provide cover in perpetuity and covers

all successors in title.

About the author: Sandy Atkinson has over 14 years of experience

underwriting legal indemnity insurance policies and is the head of

underwriting at guaranteed conveyancing Solutions. n

Are all Legal Indemnity policies equal?in today’s legal indemnity insurance market it would be logical to assume that all title insurers offer the same level of insurance cover for the same types of risks. however, in reality this is not always the case due to differing policy limitations. unfortunately, conveyancers and their clients’ only find out what these limitations really meant when it is too late... usually when a claim is rejected.

21 | www.birminghamlawsociety.co.uk21 | www.birminghamlawsociety.co.uk www.birminghamlawsociety.co.uk | 21

MeMBerS’ newS

www.birminghamlawsociety.co.uk | 21 www.birminghamlawsociety.co.uk | 21 www.birminghamlawsociety.co.uk | 21

Who are we?The Birmingham Law Society Pro Bono Committee

is made up of: Linden Thomas, University of Birmingham

(Chair); Inez Brown, Harrison Clark (Vice Chair); Julia

Jones, Bevan Brittan; Imogen Francis, SGH Martineau

LLP; Iqbal Mohammed, St Philips Chambers; James

Dixon, No. 5 Chambers; Hannah Ayers, Bailey Wright

& Co; Louise Foy, SGH Martineau (Secretary); Michael

Bates, Birmingham Community Law Centre; Laura Richards,

BPP; Nia Stead, University of Law; Tim Jones, Higgs and

Sons; Michael Young, Shakespeares; Laura Ralfe, Irwin

Mitchell LLP; Lorna Gavin, Wragge Lawrence Graham &

Co LLP. The Committee aims to: support; co-ordinate;

promote; signpost and raise the profile of pro bono work amongst

Birmingham Law Society members and the local community.

PRO BONO NOTICEBOARD

Get in touch…If you would like to contact the Pro Bono

Committee, maybe you have a pro bono success story that you would like to share, please contact [email protected]

Save the Date - BaroneSS LaWrenCe ConfIrmeD aS the keynote SPeaker at BIrmInGham LaW SoCIety’S

annuaL Pro Bono event 2015on Tuesday 3 november 2015 Birmingham Law Society will host its annual pro bono reception, to mark national

pro Bono week. we are delighted to announce that Baroness Lawrence has kindly accepted an

invitation to speak at the event about the difference that pro bono assistance made to her family. Baroness

Lawrence’s first son, Stephen, was murdered in 1993 and following this she has famously challenged the justice

system and police.

in 2012, the Macpherson report made findings of

institutional racism and found that Stephen’s murder was “simply, solely and unequivocally motivated by racism”.

Baroness Lawrence is a Director of the Stephen Lawrence

charitable Trust and has set up The Stephen Lawrence centre. She has an oBe, has received a life peerage and

is an honorary free woman of the London Borough of Lewisham for seeking justice and creating a positive and dynamic legacy. More recently she has been working with keir Starmer qc to publish the victims Taskforce report.

for those of you able to attend last year’s reception you

will recall that Shami chakrabarti, Director of Liberty gave an incredible speech and we are sure that the 2015 is similarly going to be a not to be missed event. further

details about the event and how to book will be circulate nearer the time.

course List: May - June 2015

course highlights

please see our website for further seminars: www.birminghamlawsociety.co.ukTelephone: Liz Dziergas, Professional services executive on 0121 227 8701 email: [email protected]

advocacy training may 2015 *** limited spaces

date: Thursday 14th May 2015

time: 12.30pm - 5pm CPd: 4 hours

Birmingham Law Society is running an advocacy training program

for those lawyers who have limited experienced at attending District

Judge appointments in civil/commercial claims. The aim of this

training is to provide an introduction to advocacy in District Judge

appointments and to ensure that our local lawyers are meeting the

minimum standards of advocacy that are expected by the courts.

The program for Thursday’s advocacy training will consist of an

introduction to advocacy at no5 chambers where a you will participate

in an interactive workshop with Steven reed qc covering the basic

elements of good advocacy. This will then be followed by a tour

of the Birmingham District registry and a meeting with one or two

District Judges who will discuss the “do’s and don’ts” of advocacy

before District Judges. we have limited spaces available for this

event and so will be operating a “first come, first serve” basis.

This training is specifically tailored to newly qualified practising

Solicitors and is unsuitable for student members at this time.

The program will begin at 12.30pm and should finish at around

5pm. The cost of this event has been limited to £20 per person.

if you are interested in attending please book your place online.

Practical networking for lawyers

date: Tuesday, 19th May 2015

time: 8.30 registration, 9.00 – 12.00 Seminar

Venue: clarke willmott

fee: Members £55 + vAT non-Members £75 + vAT

CPd: 3 hours speaker: Anne Stanton, Atteso Solutions

‘90% of networking is useless’. If you believe this, then you are

not doing it correctly. Join Anne Stanton to discover how to link

your networking activity to the success of the business, make

the right impression and maximise networking opportunities at

events such as exhibitions, training seminars and conferences.

key areas covered are:

• Understanding the requirements of different types of networking;

• How to prepare, dress code and mind-set;

• How to manage the environment;

• How to start, maintain and close conversations;

• How to follow up for results

speaker: Anne Stanton is an experienced trainer, facilitator

and management consultant and has over 25 years experience

working for large organisations. She has held positions in:

corporate management, Sales, customer service and quality

management, process re-engineering, project management,

organisational development and change management.

for the past 10 years, Anne has run her own training and consultancy

business, undertaking a variety of assignments to improve the

sustainability and profitability of organisations in a wide range of

sectors. her work includes providing ideas to develop business

growth, strategic direction and developing people of all levels. Anne

also has a wealth of experience in sales, from developing business to

business sales to negotiating contracts and launching new products.

Anne has worked with organisations to manage change through

reorganisation projects as well as implementing improved

ways of working to reduce costs and project managing the

implementation of service improvements. She has accrued skills

in managing and mentoring people and working with senior

managers to build strong, capable, responsive teams.

Date Time cpD hrs course Title Area Speakers fees £ Members non Members

14/05/15 12:30 - 17:00 5 Advocacy training May 2015 *** Limited spaces Management no5 Chambers - £20 + VAt £20 + VAt steven Reed QC

19/05/15 8:30 - 12:00 3 Practical networking for Lawyers Marketing Anne stanton £55 + VAt £75 + VAt

20/05/15 08:30 - 12:00 3 How to Make Change Mean Change for HR, Management Anne stanton £55 + VAt £75 + VAt It & support staff

09/06/15 12:30 - 16:00 3 Conveyancing Law Update 2015 Conveyancing Richard snape £99 + VAt £115 + VAt

10/06/2015 9:00 - 12:00 3 How to take on stress and Win Management Jill Roberts £55 + VAt £75 + VAt for Legal Professionals

16/06/15 9:00 - 12:30 3 solicitors’ Accounts Rules Refresher - Regulatory Linda Lambert £99 + VAt £120 + VAt Half day session (June 2015) support staff: £55 + VAt support staff: £75 + VAt

18/06/15 15:30 - 17:30 2 Psychological and Psychiatric Aspects of Pain expert witness Dr Peter Jenkins £35 + VAt £45 + VAt

Learning & DevelopmentProfessional Services

BIRMINGHAM LAW SOCIETY



how to make Change mean Change for hr, it & support staff

date: Tuesday, 19th May 2015

time: 8.30 registration, 9.00 – 12.00 Seminar

Venue: clarke willmott


CPd: 3 hours speaker: Anne Stanton, Atteso Solutions

we all know that change is necessary and essential for improvement

and growth, however, it can be challenging. Join Anne Stanton

to discover how to manage change with less effort and most

importantly, take your team and stakeholders forward with you.

key areas covered are:

• The key ingredients of personal change;

• Helping others to respond intelligently to change;

• Managing people’s reactions; Organisations and change;

• Top tips for managing process change

speaker: Anne Stanton - See above

Conveyancing law Update 2015

date: Tuesday, 9 June 2015

time: registration: 12.30pm, Seminar: 13:00 - 16:00

Venue: clarke willmott, 138 edmund Street, Birmingham B3


CPd: 3 hours speaker: richard Snape

conveyancing continues to undergo major changes

and the course will aim to look at the most important

changes and their effect on the conveyancer.

Topics covered include:

• Recent cases on identity fraud;

• Mortgage requirements and the lender exchange;

• Law Society conveyancing portal;

• Third party liability in the light of E-surv v Goldsmith Williams;

• Land Registry issues including chancel repairs and manorial rights;

• Registration of septic tanks as of January 2015;

• The Green Deal, the latest;

• Residential enquiries and leasehold flat management enquiries;

• Recent case law

speaker: richard Snape is a consultant with Davitt Jones Bould,

the largest niche real estate firm based outside of London.

richard is a renowned speaker on all aspects of real estate Law

and he lectures nationwide to a wide audience including local

law societies, solicitors firms, local authorities and government

departments. As a specialist speaker to property lawyers and

property professionals, richard has a reputation for delivering

practical advice in an entertaining and engaging way.

solicitors’ accounts rules refresher - half day session (June 2015)

date: wednesday 16 June 2015

time: 9:00 registration & light breakfast, 9:30 - 12:30 seminar

Venue: Sgh Martineau, 1 colmore circus,

queensway, Birmingham, B4 6AA

CPd: 3 hours cpD

fees: See table on page 24 speaker: Linda Lambert

The winds of change are a blowing (to misquote?) in particular within

The Solicitors regulation Authority (SrA) and more significantly with

in the SrA’s Accounts rules. These were substantially updated in

2011 bringing in new roles and there have been further significant

changes ever since; in particular with residual balances and the

Accountant’s report following consultations with in the profession and

other professional bodies with vested interests in our profession.

Due to the new roles of compliance officers, which started in 2012,

a thorough knowledge of the rules to ensure breaches, if any, are

identified has become even more significant. Such knowledge needs

to be applied to ensure identification and proper rectification of any

breaches that may occur, so that a firm may become fully compliant

with all of the legal obligations faced by the legal profession.

This half day course is for those looking for a renewal and

brush up of their knowledge of the main SrA Accounts rules

and in particular those areas where breaches may occur.

The main topics are: client Account, client Money and use of

client Account; interest rules; Bank reconciliations; Bills and

Disbursements; Accounting Systems and central; Accountant’s report

speaker: Linda Lambert lives and works in the west Midlands where

she came to read Accountancy at Birmingham university. After obtaining

her degree she then worked in the banking and financial sector and as

a trainee chartered accountant before joining the legal profession some

28 years ago. Linda has in her career worked as a sole Legal cashier for

a small city practice, a finance Manager for a 14 partner provincial firm

and as a practice Manager before working freelance. She has experience

of accounts systems from hand written to computerised and has been

responsible for introducing new systems in the practices she has worked in,

in particular dealing with management information and credit control. Linda

has trained as a lecturer for further education and is currently the institute

of Legal finance and Management (iLfM)’s lecturer in The Solicitors

regulation Authority’s Accounts rules, and financial Management

in a Legal firm as well as working as a freelance Legal cashier, in

Birmingham and countrywide. Linda has also acted as a consultant

for a two partner firm of solicitors in worcestershire, and in a medium

sized worcestershire practice in the risk and compliance Department.

in addition she presents tailored in house training for fee earners and

support staff for several well-known national and international firms, which

can also include ad hoc advice with regard to specific SrA rules issues.

for additional webinars at discounted prices for members of Birmingham Law Society please visit http://www.lexisnexis.co.uk/en-uk/products/campaign/webinars-bls.page

As a member of the Birmingham Law Society you can now benefit from a discounted rate on the full Lexisnexis webinar suite: A single webinar for £71.20 (saving £17.80 per webinar) or unlimited access to over 230 webinars - your year’s complete cpD

requirements for £307.20 (saving £76.80)


LeArning & DeveLopeMnT

with immediate effect qualified fee earners no longer have to attend

Management course Stage 1 (Mc1).

SO GOOD NEWS THEN?

Some firms might see this as an opportunity to save money and cut

back on this aspect of their lawyers’ professional development. we

think that’s a mistake.

HAS UNDERSTANDING HOW LAW FIRMS MAKE MONEY,

BILL AND COLLECT BECOME ANY LESS RELEvANT?

will lawyers’ responsibilities for managing trainees, paralegals and

ultimately their own teams diminish in future?

IS BEING A GOOD LAWYER THE ONLY QUALIFICATION

YOU NEED TO BE A GOOD MANAGER?

Any solicitor involved in managing a successful firm would say a

resounding ‘no’.

AND ANOTHER GOOD REASON NOT TO

NEGLECT MANAGEMENT TRAINING

The SrA may have announced that the compulsory nature of Mc1

was not compatible with the forthcoming changes to the cpD

regime. But under the new regime of continuing competence all

solicitors will be required to be able to “Manage themselves and

their own work” (part D). full details of the Statement of Solicitor

competence can be found on SrA website http://www.sra.org.uk/

solicitors/competence-statement.page

So every solicitor still needs to work on their management skills.

And the topics covered by Mc1 should still form part of a solicitor’s

personal development plan. This is a fantastic opportunity for

firms to reassess their management training and implement new

programmes.

WHO ARE WE?

kinchrobinson have been designing and delivering outstanding

courses for lawyers for 15 years. our training is practical, focused

and we like people to have fun. our experience of delivering Mc1

and Mc2 in conjunction with Birmingham Law Society has given

us a great insight into what your solicitors need from management

training. And we know that a one day course is too long for most

people. So we’re developing a series of short courses and e-learning

which will support solicitors as their careers develop.

if you want to discuss your specific management training requirements

in more detail email Doug robinson [email protected] or

call 07879 401567. Alternatively speak to Liz Dziergas at BLS liz@

birminghamlawsociety.co.uk or call 0121 2278701. n

Management training For solicitors – What next?

Did you know that the SrA has just announced that the only compulsory cpD course for qualified lawyers is no longer compulsory?


BANK TELEPHONE SCAMS

The SrA has issued yet another warning to firms not to disclose bank

security information following reports of more firms being targeted by

telephone con artists.

in a recent case, when a firm had problems accessing their online

banking system over two days, fraudsters managed to hack into the firm’s

telephone system so that attempts to contact the bank for verification

were thwarted. over £2m was stolen from the firm’s client account.

firms must warn their staff particularly in their finance team to be vigilant

even if it causes a delay in transmitting client money. These frauds are

highly sophisticated and the risks to firms cannot be underestimated.

RISK OUTLOOK SPRING UPDATE 2015

in a similar vein, the SrA has updated its risk outlook and reminded

firms of the perils of money laundering and the use of client account as

a banking facility. There is also a warning about the record number of

bogus firms as well as the continuing threat from cybercrime. Alongside

the update, the SrA has also published a report on balancing duties in

litigation.

CHANGES TO CONSUMER CREDIT

in what will be a considerable relief to firms, discussions between the SrA,

hM Treasury and the financial conduct Authority have resulted in changes

to consumer credit regulation that will reduce the regulatory burden. The

SrA is to be congratulated on its success here but it is a pity this could

not have been achieved at an earlier stage before firms had expended

time and money on internal re-organisation and independent legal advice.

Debt collecting will now be excluded from regulation under the financial

Services and Markets Act 2000 where those activities are undertaken

by solicitors in the course of providing advocacy services or litigation

services. The definition of these services would include pre-issue work.

There has also been an increase in the number of repayments before

an agreement with a client becomes classified as a regulated credit

agreement and therefore subject to regulation. The number has increased

from four to twelve.

The fcA has agreed an extension to the transitional arrangements to 31

october 2015 so further changes are likely to be announced later in the

year.

OFFERING INDUCEMENTS

The SrA has updated its guidance on offering inducements in order to

reflect the government ban on their use to attract clients in personal injury

cases.

The criminal Justice and courts Act 2015 introduced the ban, which came

into effect on 13 April, in response to concerns that permitting inducements

for handling personal injury cases was fuelling a “compensation culture”.

A ban had already been implemented by the claims Management

regulator in April 2013.

The SrA’s guidance on offering inducements was originally published

in June 2013 following a review by Lord Young in 2012. The review set

out what solicitors could or could not do when offering inducements,

and reminded them of their obligations in the code of conduct around

publicity.

The new ban is limited to personal injury claims only. The SrA guidance

also covers other areas where inducements to make a claim or seek legal

services are not prohibited. Those wishing to view the updated guidance

can do so at www.sra.org.uk/inducements/

NEW EDITION OF SRA HANDBOOK

And finally, version 13 of the SrA handbook was published on 1 April.

The main changes are:

• The new training arrangements and the competence statement. Solicitors

may change voluntarily from the cpD arrangements to “continuing

competence” from 1 April and the SrA has published a toolkit to help

with the process. it can be accessed at www.sra.org.uk/toolkit. from 1

november 2015 all solicitors must adopt this new approach.

• A new outcome which requires firms to assess and purchase an

appropriate level of professional indemnity insurance. This appears in

chapter 7 as outcome 7.13 and requires that “you assess and purchase

the level of professional indemnity insurance cover that is appropriate for

your current and past practice, taking into account potential levels of claim

by your clients and others and any alternative arrangements you or your

client may make”. (The Legal Services Board rejected a request by the SrA

to reduce the minimum level of cover to £500,000). The current mandatory

level of cover of £2m (£3m for incorporated practices) remains the same.

• Removal of transitional provisions relating to sole practitioners, ahead of

changes to be made in november 2015 whereby sole practitioners will no

longer require an annual endorsement on their practising certificate. This

will be replaced with an authorisation that does not need to be renewed

annually. n

Jayne Willetts is also a director of Infolegal Ltd

– providing the Colpline practice advice helpline

and consultancy advice for law firms – www.

infolegal.co.uk

JAYne wiLLeTTS | SoLiciTor ADvocATe | JAYne wiLLeTTS & co | SpeciALiSTS in profeSSionAL reguLATion

sRA UPDAteAfter a flurry of activity by the SrA in recent weeks, regulation report summarises the important developments.

reguLATion reporT


MeMBerS’ newS

A west Midlands lawyer

is working with

wolverhampton police to help

them better understand the

issues surrounding mental

health related call-outs.

Annabel kay is a lawyer with

higgs & Sons who specialises in

matters where mental capacity

is questioned, and has already

completed a number of training

sessions for between 20 and

30 police offices at a time

The sessions aim to help

police identify mental health

issues quickly in their line of

duty and enable them to deal

with situations without the use

of force or resulting harm.

working closely with pc Dave

firth, from wolverhampton

police, Annabel’s training has

focused on making police

aware of their duties under

the Mental capacity Act.

Annabel said: “The purpose

of the training with police

oppoSiTe enDS of LegAL SpecTruM working TogeTher on MenTAL heALTh

officers is to inform them of the

provisions contained within the

Mental Capacity Act and how

it impacts on their day to day

work - not only when attending

an incident, but also when

documenting the action taken.

“Principally, the Mental Capacity

Act becomes relevant when

officers attend a situation in

which it is believed an individual

lacks capacity and action is

needed to prevent further serious

harm to themselves or others or

possibly even to prevent death.

“What I wanted to make the

officers aware of was their

responsibilities under the

Act, focusing in particular on

the action to be taken which

is in their best interests as

well as the proportionate and

reasonable use of force.”

it is believed, added Annabel,

that a large number of the

legal actions brought against

police each year are because

officers acted in a manner

that ‘was not compliant with

the Mental capacity Act’.

Annabel said: “The training has

focused on making them aware

of their duties and the concept of

best interests. It has given them

a useful way to think about how

they can carry out an assessment

to determine and record their

impressions of an individual’s

capacity and I provided some

examples and scenarios of which

they may come into contact. “

pc Dave firth said the training

sessions had proved invaluable

to officers: “In situations where

mental capacity is an issue,

the last thing we as police

want to do is arrest someone.

These training sessions have

enabled officers working on the

front line to think differently.

“We all want to do the right thing

and it is good to see teams who

normally work at opposite ends of

the legal spectrum – police and

solicitors – coming together.” n

Stourbridge law firm, wall

James chappell, have

expanded its team with the

appointment of rebecca

clark as a Trainee Solicitor.

rebecca joined wall James

chappell as a probate clerk in

the private client Department in

october 2013. rebecca joined the

team following completion of her

Law Degree at keele university in

2010 and completion of the Legal

practice course in 2011. rebecca

said “she is delighted to have been

given the opportunity to complete

her training in such a professional

and welcoming environment.”

Senior partner, Jonathan Browne,

said “As the firm continues to grow it

is essential that we ensure our trainee

intake provides us with talented

and ambitious individuals. Rebecca

has demonstrated during the time

that she has been with us that she

has a great deal of potential and we

are looking forward to developing

her to achieve qualification

over the next two years.” n

wALL JAMeS chAppeLL AppoinT TrAinee SoLiciTor

A national poster campaign

promoting a positive

message about the contribution

from immigrants to British

society features an award

winning human rights lawyer. S.

chelvan, a high-profile barrister

with no5 chambers, is one

of 15 immigrants selected to

feature in the crowd-funded ‘i

am an immigrant’ campaign.

#iamanimmigrant has gone viral

on twitter since the campaign’s

digital launch and plans to display

the eye-catching posters at 400

tube stations across London

have now been rolled out.

chelvan has been a barrister for

the last 13 years, representing

asylum seekers and immigrants.

he was born in Sri Lanka but his

family moved to the uk in 1978

when he was just four years old,

to escape the riots in his home

country. his mother was already

here, working in the nhS and

studying to become a member of

the royal college of Anaesthetists.

“The current debate on migrants,

particularly EU migrants, is very

toxic politically; as the various

political parties see themselves

losing the debate on Europe,

migration becomes an easy

target.” said 40-year-old chelvan.

“This was not a Britain I wish to

recognise, it made me angry,

which is why I volunteered to be

no5 BArriSTer feATureS in crowD-funDeD iMMigrAnT poSTer cAMpAign


Black country law firm,

qualitySolicitors Talbots,

conducted a street survey

to find out what local people

thought of the house buying

and selling process.

“From our survey, 69% of the

public are happy to pay more

for conveyancing costs knowing

that, if the sale falls through,

their solicitors will waive their

fee, which has prompted us to

consider offering a ‘No Sale –

No Fee’ service” said Martyn

Morgan, Senior partner at the

firm. “We also discovered that

almost a quarter of people rated

the service offered by their

Estate Agent as eight out of ten,

and over a third of people felt the

chain was the biggest reason for

a delay in the house buying and

selling process,” added Martyn.

The survey was conducted

over the easter period in

Dudley, Stourbridge and

codsall, where the firm has

offices, and was designed by

the conveyancing team to be

both informative and fun. Staff

from the law firm dressed in

corporate clothing with optional

bunny ears, and gave away

easter eggs to everyone who

peopLe Are hAppY To pAY More for conveYAncing

MeMBerS’ newS

part of this poster campaign and

proudly say ‘I am an immigrant’.

It is part of my public service,

to offer a human face during

the current dehumanisation

of the immigrant.” n

participated in the survey.

“A free Easter egg for taking part

in the survey was found to be

an ‘egg-cellent’ way to engage

with the public... Following the

results, we were able to promote

our latest offer – the opportunity

for people to win up to £500

back in fees if they instruct us

in April.” added Martyn. n

Bpp Law School in

Birmingham has received a

huge boost after being granted

permission to offer the Bar

professional Training course

places for intending barristers.

The course means 48 barristers-

to-be can progress onto the

BpTc programme via LLB or

gDL avenues - providing they

meet entry requirements.

Anna Banfield, Bpp Law

School’s Director of BpTc

programmes, said: “This will allow

students to study the BPTC in

Birmingham where they may live

or intend to practice and make

it easier for them to develop

links with the local Bar.” n

BooST for BirMinghAM AS BAr courSe receiveS vALiDATion


MeMBerS’ newS

Birmingham firm of costs

lawyers and draftsmen

John M hayes are proud to

announce its partnership with fee

Solutions Limited, providers of

finance for solicitors to facilitate

effective costs settlement.

kate oliver, chief executive

officer, said that “This was an

exciting development and one

that would be key in furthering the

company’s prominent position in

the field of inter partes costs, and

would be an important platform to

increase its market share.” kate

went on to say “The principal bone

of contention with all solicitors

is the ever lengthening time that

it takes paying parties to settle

costs claims, the demands of

cash flow resulting in frequently

compromised settlements, which

otherwise in many cases would

not have been conceded.”

The costs Award Accelerator

Solution provided by fees Solution

Limited offers, at a very modest

cost, a simple, easy to administer

system to assist solicitors when a

case has concluded, in negotiating

their costs with paying parties

on a more equal footing.

Mike Dobson, director of

fees Solutions Limited, said

“Fee Solutions is delighted to

welcome John M Hayes to our

select panel of Costs Lawyers

and Costs Draftsmen and wish

them continued success. We

anticipate being able to enhance

their already high reputation

for outstanding customer

service and innovative solutions

and look forward to helping

smooth the cash flow position

of their partner Law Firms.”

for a very modest tax allowable

charge, or lend fee, the

benefits of this scheme are:

• No set up Fees

• No draw down Fees

• No monthly interest

charge payments

• No requirement to make any

payment out of the

office account.

• No personal guarantees

required from the firm.

• Up to 80% of the Cost Award

valuation as an advance

Mike added “At a time when even

the most successful and well

established firms are faced with

cash flow pinch points, we feel

this is a very timely association

between our two businesses,

looking to work together in order

to bring about a Fee Solution.” n

SiMpLe SoLuTion To AcceLerATe coSTS recoverY

Birmingham law firm Anthony

collins Solicitors (AcS) is to

help launch a Midlands forum

for MATs – multi-academy trusts.

The decision follows discussions

at a dinner hosted by AcS where

delegates received presentations

from frank green, national

Schools commissioner, and

pank patel, west Midlands

regional Schools commissioner.

The event was attended by

over 60 guests including the

chief executive officers of a

number of leading local multi-

academy trusts and the head

of education and portfolio

holder for children and Young

people in Birmingham.

Simon ramshaw, a partner at

Anthony collins Solicitors, said:

“Three themes emerged from

our dinner event at Hotel du Vin.

“We need to re-imagine what we

mean by ‘school’ and mentally

compare this to the transition

from Stephenson’s Rocket

to The Flying Scotsman, the

bullet train and the jumbo jet.

“The economic situation can be

turned to our advantage. Innovation

thrives when times are tight.

“And the academy system

must develop to become self-

serving. Academies and MATs

need to work together to find

solutions to challenges as they

emerge, rather than wait for the

regulators to address them.”

he said the event heard that

40 per cent of children and 40

per cent of teaching staff are

now in academies, so although

the number of academies may

seem small, the proportion of

those working in and being

educated by academies is

larger than might be thought.

“The event was extremely

successful and it was very

helpful to hear the views of

Frank Green and Pank Patel.

“We want to harness the

energy generated at this event

and the aim is now to set up

AcADeMieS uniTe To LAunch MiDLAnDS foruM

a Midlands Forum for MATs.

“We hope that academies

and MATs will see this as

a positive initiative and

drive it forward. Anthony

Collins Solicitors will provide

support and encouragement

in any way we can.”

he added that other themes

to come out of the evening

included the idea of an

annual awards dinner that

would foster and support

best practice and help the

development of initiatives

in the Midlands region. n

‘Tiny Babies, Big Appeal’ raises funds to help support the care of sick

and premature babies and their families across the west Midlands. The

neonatal intensive care unit at Birmingham women’s hospital is the

largest unit in the region caring for over 1,500 admissions every year.

The Law Society will be supporting our appeal by raising funds to

purchase panda resuscitaires for the neonatal unit. The hospital

requires additional panda resuscitaires which are mobile units for

babies who need breathing support when they are being transferred

from the delivery suite to the neonatal unit. This equipment is

specially designed to help keep babies warm and monitored whilst

they are on the move in the hospital.

Mushtaq is a local partner with law firm freeths based in Birmingham

and he has a calendar of fundraising events throughout the year

which will include an abseil at the women’s hospital.

chief executive, professor ros keeton stated: “We are delighted that

Mushtaq Khan, in his new role as President of the Birmingham Law

Society, has chosen to support the Charity of Birmingham Women’s NHS

Foundation Trust. We very much appreciate the offer to raise funds in order to

purchase vital life-saving equipment to help care for the babies at

Birmingham Women’s Hospital. We look forward to working

with Mushtaq and the Birmingham Law Society over the

upcoming year.”

incoming president Mushtaq added: “I have chosen to

support the “Tiny Babies, Big Appeal” at Birmingham

Women’s Hospital as it is such a worthy cause.

Fundraising for the appeal means helping some of the

smallest and sickest babies and their families. The purchase

of additional medical equipment means staff will be able

to care for even more babies in Birmingham and the West

Midlands” n

A Panda Resusitaire is used when a baby is born and not able

to breathe properly. This important

piece of equipment resuscitates

the newborn. It is mobile, has

heating, light, a clock,

oxygen and enables

short-term ventilation

to enable clinical staff to

move the baby from the

Delivery Suite to the Neo

Natal Unit.


chAriTY

Birmingham Law society to support tiny Babies Big Appealwe are delighted that the new incoming president of the Birmingham Law Society, Mushtaq khan, has chosen to support the Tiny Babies, Big Appeal charity at Birmingham women’s hospital.

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Translations

15 May 2015 Annual president’s Shooting cup hereford & worcester Shooting ground

25 June 2015 Summer event with BTSS & BSg Jam house

27 June 2015 Abseil charity event Birmingham women’s hospital

23 July 2015 cricket BLS vs wMp Tally ho

3 September 2015 Annual golf day nailcote hall hotel

15 September 2015 networking event TBc

7 october 2015 Legal eagles quiz night event with BTSS & BSg TBc

22 october 2015 newly qualified event TBc

26 november 2015 president’s Dinner TBc

17 March 2016 networking event TBc

21 April 2016 Legal Awards 2016 icc

26 April 2016 AgM TBc

notiCe: Birmingham law society is looking for new members for our Private Client Committee!

Please contact [email protected] if you are interested in joining!

evenTS

To book please visit the website www.birminghamlawsociety.co.uk if you have any enquires please email: [email protected] or call: 0121 227 8700

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BirMinghAM LAw SocieTY’S new preSiDenT€¦ · Birmingham Law Society is inviting volunteers to become Bulletin’s editor! ... As a family law committee meeting with D J gibson