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is This an outbreak of common Sense?

relfections on LLp Tax changes

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coNTENTS

president reportEileen Schofield

04

advErTiSEd LEgaL vacaNciES riSE By a Third

LEgaL NEwS 10

daTES for yoUr diary

EvENTS 23

coNfUSioN, commUNicaTioN aNd SETTLEmENT

fEaTUrE 06

www.birminghamlawsociety.co.uk | 3

Networking Event @The club & Spa at The cube

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Editorial copy to:Birmingham Law Society, 43 Temple row, Birmingham, B2 5LSTel: 0121 237 6004 dX 13100 Birmingham

regulation reportJayne willetts

17

i was invited to present at the annual president’s and Secretaries

conference in chancery Lane. my presentation focused on

membership engagement and retention. i reinforced the fact

that Birmingham Law Society continues to be a progressive

Society by providing evidence of our membership engagement

and benefits through the membership survey outcomes. Ben

henry, membership director will give an account of the outcome

of the survey which makes very interesting reading.

The presidents and Secretaries conference was an opportunity

for the regional societies to better understand how The Law

Society continues to promote Lawyers and protect the interests

of all Solicitors by engaging with government and by holding

other organisations to account to ensure that those of us who

practice law have a voice. Birmingham Law Society has ongoing

strong bonds with The Law Society and we work hard to develop

our excellent relationship as we have with other Law Societies

such as the manchester, Liverpool, Bristol and a developing

relationship with Leeds. as a united force we can challenge

practices which we believe has the potential to undermine the

fantastic work that our members undertake on a day to day basis.

i recently hosted our annual lunch with the heads of office of the

larger Law firms around the city, the mood was very buoyant

with plenty with lots of positive news of an upturn of good

quality work coming into Birmingham with news of growth and

confidence within the firms.

i would be delighted to hear from you and your firms with

your successes, initiatives and growth plans to ensure that

when we attend events around the country we are promoting

Birmingham in the best way possible. it was suggested that we

collate information and have a regular slot in the national legal

periodicals by ringing the ‘Birmingham bell’ and shouting out

about our regional success, growth and development.

Birmingham Law Society continues to support members from

each of the areas on law in which we practice. Sarah dwight who

sits on the BLS council also sits on the property committee in

chancery Lane and highlighted serious concerns regarding the

privatisation of the Land registry. we continue to support our

criminal lawyers in their defence of the criminal legal aid cuts.

with that in mind and by way of an example of how the cuts

could impact on anyone of us i reflected on the impact of the

legal aid cuts when i attended oxford University earlier this week

for a conference. There was some muted reflection regarding

the president of the oxford Union and the implication that his

suspension was having on the University.

i was very fortunate to be invited, as a guest of the dean of

oxford University, to the women’s power Summit 2014 which

focused on women and finance. i was in the company of some

very learned women from the world of finance. The line up

of speakers were like the who’s who from the world stage of

financial advisors for Unilever, google, rockefeller centre and

the UN , the list of high powered women was inspiring.

after the debates and case study workshops we were invited

to participate in the oxford Union debate; the motion was ‘This

house believes that ‘The city’ is no place for a Lady’. i won’t go

into the very complex and compelling arguments presented by

both sides suffice to say that the outcome was that the motion

was rejected and the ‘nayes’ won the vote. The reason why i

mention this is that we were all looking forward to hearing the

debate in the prestigious hall of the oxford Union Society but

due to the recent allegations made against the president the

oxford Union was not used on this occasion.

i am not in any way commenting on the allegations or the

potential outcome of the criminal charges however i present

a scenario to you which may give you a different prospective

on the issues facing our criminal defence system. Using this

scenario in a hypothetical situation but let’s suppose that he is

he doesn’t meet the criteria for full legal aid but is allowed legal

aid but with a contribution. i expect that the case will take some

time to get the trial and that during that time this young man and

his family will want the best team defending him and will have

regular and lengthy conferences. The cost will naturally increase

and by the time the matter gets to trial a lot of investment in time

and money will have been made. Let’s just suppose that this

matter gets to trial and on the second day the trial collapses as

the witnesses don’t come upto proof and that this young man is

exonerated. That’s fantastic news and his family and he will be

delighted however that will be short lived as this young man and

his family will be left with a significant legal bill.

The question is as the case fell apart should how much should

the state contribute to the legal bill; 100%, 50% or even 25%

well the answer is that all they will do is refund the contribution

if he was privately funded he would not receive any contribution

to his costs. a person who is wrongly charged or where there

prESidENT

President’s ReportEiLEEN SchofiELd | prESidENT | BirmiNgham Law SociETy

i feel very privileged to present my report to you in my position of president of Birmingham Law Society. Since taking up office i have had many opportunities of promoting Birmingham Law Society in various conferences and meetings.

4 | www.birminghamlawsociety.co.uk


is insufficient evidence to prove a case must be able to defend

themselves as best as they possibly can and not consider that

this is going to extend the trauma by the consequential suffering

financial detriment.

The issue of the legal aid cuts is far reaching and this sort of

scenario may affect anyone of us who have the misfortune to be

in the wrong place at the wrong time.

it is imperative that we continue to support each member of

BLS, whether those are members who are facing financial cuts

or those facing imposition of legal process which will hamper

their ability to simply do the best job for their clients. as you

will be aware the government cuts are being challenged under

judicial review, this is a costly challenge but one which has some

merit according to counsel. if you or your firm wish to donate

to the ‘fighting fund’ please contact James Turner at Tuckers

Solicitors on 0121 236 4324 who will provide information on how

you will be able to make a contribution.

Forthcoming events

There are a number of events throughout this month which will

be promoted through the BLS office however there is just one

event which i wanted to highlight in advance. Birmingham Law

Society are co hosts at the Birmingham day at the house of

commons on 25 June 2014. This is the first time that BLS has

been a part of Birmingham day which is the initiative of gisela

Stuart. The event is by invite only, throughout the day we expect

300 people at the event to include mp’s, and business leaders.

The event will be reported through Trinity mirror group and in

particular the Birmingham post. if you are a media lawyer and

want to take part please contact me or the office. i will be leading

the contingent from Birmingham and there are a limited number

of spaces still available.

i have been invited as a guest of the president of the Law Society

of ireland to an event in dublin. i am keen to forge links with

other Societies outside of the Uk and plan to take a contingent

to paris later in the year.

And FinAlly...

as you will be aware my chosen charity this year is the princes

Trust. There will be fundraising events throughout the year one of

which is a palace to palace cycle ride. This is an annual event which

will take place on Sunday 5 october and is a 45 mile cycle between

Buckingham palace and windsor castle. for further information

regarding the ride please look at the princes Trust webpages,

palace to palace cycle event. it’s an exciting event and for those

cyclists among you 45 miles is absolutely manageable and even if

you don’t cycle there is plenty of time to get on your ride and get

some practice in. Birmingham Law Society will be putting a team

together please contact me or Liz for further information. n

That increase in the volume of mediations

has led to a few changes in the landscape.

it used to be said that 90% of matters that

were mediated would result in a settlement.

That number has certainly decreased and i

have heard it said that only 70% now result

in settlement on the day of the mediation.

whilst settlements on the day have

decreased, it has become increasingly

common for the discussions to continue

for days and sometimes weeks after the

day of the mediation - often using the good

offices of the mediator to continue those

discussions.

however, the familiarity of mediation can

lead to unforeseen difficulties in those

‘post mediation’ discussions. This fact

was highlighted in the recent Tcc decision

in the memorably named mrs aB and mr

aB v cd Ltd (not their real names, you

understand). The decision in the week

before Easter considered the question:

when is a settlement not a settlement?

a mediation took place which (like many) appears to

have gradually edged the parties towards a position

with which neither side was happy but with which both

sides might live. an agreement could not be reached

on the day but the mediator persuaded the claimants

to leave an offer open for a few days more and offered

to continue to be involved in discussions to find a

resolution, if that would assist. he did continue to

be so involved in the following days with fairly erratic

communications passing between the parties.

finally, the principal settlement sum was agreed but

there was continued wrangling concerning costs, upon

which agreement could not be reached. There had been

discussion about the possibility of a settlement on the

basis of the principal sum with costs to be assessed –

with much of this debate passing through the mediator.

Ultimately, the claimants thought that the terms of a

settlement had been agreed and prepared a draft Tomlin

order. That was forwarded to the defendant’s solicitors,

who amended the draft considerably adding terms

about confidentiality and other issues and,

importantly, seeking to limit the claimants

entitlement to costs in connection with a

particular application earlier in the matter.

So what, you may say. why does any

of this matter and how is it relevant to

mediation? The mediation agreement

included a term that no settlement would

be enforceable unless it were agreed in

writing. The claimants wished to argue

that an agreement had been reached; the

defendants argued that the discussions

were an ongoing part of the mediation and

that the terms of the ‘settlement’ had not

been agreed yet in writing and so could not

be enforced by the claimants.

That begged two questions: firstly, was the

mediation still ongoing (and, therefore, was

the mediation agreement still governing

the discussions); and, secondly, was

an agreement already made before the

defendants started amending the draft

Tomlin order. mr Justice Edwards-Stuart decided that

the answer to the first question was no and that to the

second was yes. for the mediation agreement to still

be effective, the parties would have needed to make

very clear that this was their intention rather than merely

using the mediator on an ad hoc basis. So far as the

settlement was concerned, the Judge concluded that

the basic terms were relatively clear and were accepted.

This throws up a number of lessons for hard working

solicitors involved in mediations. firstly, if you want

your continued discussions to still be covered by the

mediation agreement then you must make that clear

and consider flagging any communication: ‘Mediation

communication – without prejudice and confidential’.

Secondly, when offering to settle or agreeing to settle,

make sure that you include all of the important terms

up front and avoid the embarrassment of trying to add

them in later. of course, this is common sense; but, it

does no harm to be reminded of such points which can

all too easily be missed in the rush to a settlement. n

mediation has become a fact of life for many lawyers. There is an expectation that increasing numbers if disputes are mediated, across all fields, and there is a criticism that might attach if no attempt is made to do so.

EamoN mooNEy | parTNEr | kENNEdyS Law LLp

Confusion, Communication and Settlement

...when offering to settle or agreeing to settle, make sure that you include all of the important terms up front

fEaTUrE



it is always difficult to say what people know about the history of

mediation and its current status in law. Before the word mediation arrived

in the Uk, litigators in the 1980`s were taught to be aggressive; it shifted

to being “assertive” by the 1990s and, by the time the civil procedure

rules took effect in 1999, it had moved to being “co-operative” a term

which collides with the adversial process which is the litigation process.

in the 1990`s the cBi (confederation of British industry) was driven to

explore the process by a few enlightened lawyers as business could

no longer cope with the time expense and uncertainty that litigation

produced. They had seen its positive effect of “separating the people from

the problem” and “differences from needs” as mind set changes coming

out of harvard University from the likes of roger fisher and william Ure

in their seminal work “Getting to Yes.” it still amazes me how few lawyers

in dispute resolution departments have not read it. The unenlightened

lawyers developed a defensive marketing strategy in response to the

arrival of mediation which pretended to embrace the idea; on the one

hand they conceded is was “very useful and sensible “ but on balance

on the other hand, it was dismissed as “not applicable to your case.” The

reason for this response was quite obviously fear of lost fee income and

a lack of understanding.There is still elements of defensive marketing

around; let`s make war at client expense not peace at mine.

on 29th april 2014 at Linklaters headquartered in London with offices

across the globe hosted a debate between mediators and litigators

before a packed audience of 130 asking what mediators wanted from

those representing their clients and, in return, what those mediation

advocates want from a mediator. at the end of the debate, Lord

Neuberger, president of the Supreme court of the United kingdom,

moved the status of mediation from being an alternative process to

the mainstream default process of choice when he said: “Mediation

has come of age and this event – and the practical advice we’ve heard

– highlights that. I’d like to congratulate mediators for ensuring that

mediation has become part of the rule of law”.

The statement was based on more than just a debate. The law reports

from 2000 onwards increasing identify the benefits of mediation over

litigation and now provide lawyers with its own jurisprudence. also

and in parallel with legal cases, brain science research has removed

all doubt. The research demonstrates that people under stress have

only a restricted brain function limited in extreme cases to primitive

responses, like flight or fight. contrast that with when people are not

stressed research shows their full brain functions are restored so that

problems are easier to consider. The mediation process is a type of

private psychoanalysis; it starts by being welcoming and introductory

through exploratory to questioning and on to problem solving and the

weighing of options to settle and its all voluntary. The mediation process

is designed to reduce stress and engender goodwill. Scientific evidence

shows it is all for the best. for those people who want their day in court

worry about what you wish for; judges do get it wrong.

clients can now wise up to the full benefit of mediation via the internet

and websites such as cEdr`s but still need reassurance and advice

from their local trusted professionals who understand the process. and

routinely practice either as mediator or mediation advocate or both as i

and all my colleagues do.

There is value in differences no matter how difficult they may be to

discuss and from that difference or dispute good can occur if it is

managed well. if you do not seek advice from the enlightened the risk

is you may will be fuelled by testosterone and anger and encouraged

to fight and you will spend a fortune and miss the early opportunity

to move from an adversarial process which is that litigation to one of

collaboration, which is the mediation way. The differences between the

processes of advsersarialism and collaboration are as fundamental as

the differences are between fear and love. adversarialism fuels fear;

collaboration fuels love. They are at opposite ends of the continuum.

many people seem still to think that lawyers in law firms cannot be good

mediators or feel that they have to look outside of the region to get the

advice they need. That is a completely uninformed view.

So, what are the lessons to be learned? in life, there is on the one hand,

fear and on the other, love. if you have a difference or issue, it is of value

so deal with it in a collaborative way being “hard on the principles and

soft on the people” involved. make sure you are talking to a mediator

or mediation lawyer with at least 10 years’ experience and use local

practitioners where you can easily develop some empathy. Lawyers

with 10 years plus practice as a mediator will have spent as much

time training to be a lawyer as a psychologist spends training to offer

counselling and will have all the added understanding of what it takes to

make a settlement agreement reached at mediation enforceable.

we all have things which the other party would like and the other party

has things that we would like but how do you find out what each needs.

remember the story about the dispute between two children over the same

orange which they both wanted but needed for different reasons. Nobody

was there to help them discover their different needs; the judge ordered the

orange be cut in half and shared equally. it really did not help. a mediation

process would have uncovered their needs. one wanted the juice from the

orange and the other the rind. with mediation being the first process that

parties are encouraged to use mix ups like this can be avoided. The quality

of our lives depends not on whether or not we have conflicts, but on how

we respond to them. it is not what you say it`s the way that you say it.

Let us show you how by appointing us to mediate your dispute or to help

you prepare for a mediation. The rates we charge are very modest and

the outcomes very beneficial. n

mediation is now part of the rule of law!

chriSTophEr J. coX | SoLiciTor aNd commErciaL mEdiaTor | coX SoLiciTorS

Is This an Outbreak of Common Sense?

fEaTUrE


although the legislation itself may be modified

during its passage through parliament, LLp

members are now taxed as employees unless

they can establish that they are “true partners”

(to quote hmrc) by failing any one of three

conditions:

• condition a – “disguised salary” more than 80%

of total profit share

• condition B – no significant influence over the

affairs of the LLp

• condition c – capital less than 25% of

“disguised salary”

Each of these conditions has to be tested by

the LLp and its members at 6th april 2014. if all

three conditions are met, then remuneration payable from that date

is subject to payE with an attendant hefty national insurance liability

for the firm. LLp members may also suffer a slight increase in their

personal national insurance contributions and possibly an increase in

their 2013/14 tax bill as a result of a cessation of their notional trade.

Throughout the consultation processes spanning much of the last

12 months, hmrc has listened to the concerns of the professions,

trying to understand any unintended consequences which might

flow from the new legislation and to remedy those where possible.

This has produced some modest relaxations. for example, if an LLp

member is taxed as an employee, payE will not apply to post-6 april

2014 payment of profit shares relating to prior periods. and, reflecting

concerns that banks may not be able to process loan applications

sufficiently quickly, provided a member had committed by 5th april

2014 to providing the necessary capital for condition c, then that

capital can be introduced by 5th July 2014 without prejudicing the

individual’s self-employed tax status.

Both hmrc and the Treasury admit that the legislation is not

underpinned by any particular policy. rather, it has its roots in three

disparate factors. first, the muddled way in which the tax regime for

LLp members was introduced in 2000. Second, hmrc concerns that

some people are using LLps for tax avoidance. Third, the Treasury

must raise more tax. The latter factor should not be underestimated:

hmrc forecasts that the new legislation will raise extra tax totaling

£3.25bn between 2014/15 and 2018/19. i have two fundamental areas

of concern in relation to the operation of the legislation.

The first arises from the retrograde impact of the changes on sophisticated

but honest commercial arrangements. in the Uk, the professions account

for around 8% of gdp. professional services are

among the Uk’s finest exports. many professional

firms are highly evolved businesses. This level of

sophistication does not happen overnight: what

we see today reflects law firm evolution which

began in the 1990s and which continues now.

To protect themselves from the cash flow burden

of new payE liabilities, many firms have had to

make sudden changes to partner compensation

arrangements (condition a), governance

(condition B) or firm funding (condition c). and

those changes cannot be made as a matter of

form: they must be backed by real substance

if they are not to trigger the targetted anti-

avoidance rule. So whichever way you look at it,

these tax changes will have pushed back by anything up to a quarter

of a century the internal workings of at least one aspect of many firms.

my second area of concern relates to the practical implementation of

the new legislation. There are several facets to this.

first, a taxpayer’s entitlement to certainty. currently, there is none.

Until the finance Bill receives royal assent at the beginning of July

2014, hmrc will not provide any form of ruling on whether a particular

LLp member will be taxed as an employee or as self-employed. if

firms do not get it right, they face interest and penalties in respect of

the non-operation of payE.

This brings me to the second facet of my concern in this area:

consistency. Larger firms have access to guidance from their client

relationship managers in hmrc. it’s reasonable to expect that crms

across the country will be adopting a broadly consistent approach. for

small and medium-sized firms, consistency of application of the new

legislation may be no more than a pipe dream: the reality could well

be closer to a postcode lottery depending on the attitudes of the tax

inspector looking at a particular firm.

over the last year, the hmrc head office team tasked with framing

the new legislation and guidance notes for ministerial approval has

been painstaking in its approach. But without a clear underlying policy

driver, the outcome was doomed to be less than satisfactory. despite

recommendations from the house of Lords, the Treasury is pressing

ahead with new legislation. we call on hmrc to adopt a common-

sense, nationally consistent light-touch approach to implementation

to avoid manifest injustices as we all come to grips with what the new

rules mean in practice. n

with 6th april 2014 now behind us, the new regime for taxing members of LLps is in force.

gEorgE BULL | BakEr TiLLy

Reflections on LLP Tax Changes

fEaTUrE


The next deputy vice

president of the Law

Society will be employment

law expert robert Bourns.

The Law Society council has

elected robert Bourns, Senior

partner at TLT Solicitors, who

will take up the role of deputy

vice president in July 2014. he

is expected to become president

of the Law Society in 2016.

robert began his training in 1978

at osborne clarke. he qualified

in 1980. robert has significant

experience managing and

developing a growing business

across the Uk, having been

managing partner for six years and

more recently Senior partner at TLT.

The new deputy vice president

has been involved in local law

societies for many years, having

been a Secretary and president

of Bristol Law Society and

Secretary of the association of

South western Law Societies.

robert joined council in 2011

and is an elected member of the

management Board. he is one

of five representatives for the

city of London constituency, a

member of the Law Society’s

Equality & diversity committee

and a member of the raB

regulatory processes committee.

robert Bourns said: “The

Law Society has an incredibly

important job to do in maintaining

trust and confidence across a

diverse profession. Representing

in-house and general counsel

alongside private practice both

large and small. The Society

needs to provide contemporary

support and promote the interests

of members and their clients.

In the context of continuing

changes to regulation it should

be recognised for its relentless

protection of the Rule of Law.

“Being elected deputy vice

president is an honour,

particularly given the experience

and different qualities of the

six other able candidates.”

Law Society chief executive

desmond hudson said: “Law

Society chief executive Desmond

Hudson said: “There was stiff

competition with seven candidates

for this year’s deputy vice president

elections. All of the candidates had

a great deal to offer and Council

had a difficult choice to make.

“Robert has already made

a significant contribution

to the Law Society, from

representing the City to the

work of the Equality & Diversity

committee. We all look forward

to welcoming him in July.” n

Law SociETy aNNoUNcES NEw dEpUTy vicE prESidENT ELEcT

advErTiSEd LEgaL vacaNciES riSE By a Third

The volume of legal jobs

advertised in the first

quarter of 2014 has grown

by over one-third compared

to the same period in 2013,

according to new research.

The figures are drawn from the

European Jobs index, a research

tool created by specialist

recruiter robert walters that

tracks job volumes across

industry-leading job boards.

rather than being concentrated

in one region, rises have been

recorded across key markets

including London, the midlands

and North west of England.

LEgaL NEwS

in a further sign of demand,

the number of advertised

positions in law also increased

by 7% between the final

quarter of 2013 and the first

three months of 2014.

furthermore, by comparing

movement across the last two

consecutive quarters, the index

shows that more new vacancies

were created in law than in

accounting (where vacancies

were up 4%), iT (down 6%)

and oil & gas (down 8%).

colin Loth, director of Legal

recruitment at robert walters,

comments: “This increase in

legal hires is being driven by a

number of key macroeconomic

influences, with the healing

economy, greater access to

debt financing and a returning

appetite for corporate deal-

making all having an impact.

“Further opportunities for

lawyers and legal professionals

are predicted to emerge

as the economic recovery

continues. We encourage

hiring managers to implement

efficient recruiting processes

to avoid the risk of incurring

shortages in headcount.” n

This year’s keeping of the

roll exercise began on

wednesday 7 may. Solicitors

without a practising certificate

who wish to remain on the roll will

once again be able to complete

the process online through the

mySra portal. The fee will be

£20 and payment will be taken

by credit/debit card as part of

the online application process.

Solicitors whose names have been

on the roll for 50 years or more do

not have to pay a fee under the

keeping of the roll regulations

2011 but will still need to complete

an application. The Sra will be

contacting all individuals eligible

to stay on the roll in may, setting

out the timescale and requesting

them to complete the relevant

application online through mySra.

applications need to be completed

by wednesday, 2 July.

Solicitors without a practising

certificate who have not yet

activated their mySra account

and who wish to remain on the

roll, will be receiving a letter in

early may asking them to do so

as a matter of urgency so that

the Sra’s contact details for

them are updated. By following

the instructions in the letter the

account will be activated.

completed applications and

payment have to be made by

the notified deadline, otherwise

individuals may be removed

from the roll of solicitors. n

Sra aNNoUNcES STarT of kEEpiNg of ThE roLL

chaNgES wiLL dETEr fUTUrE gENEraTioNS ENTEriNg ThE profESSioN Say LawyErS

more than three quarters of

lawyers (77%) think that

the increasing cost of training

and education, combined with

falling financial incentives,

will deter future generations

from entering the profession,

according to a new study by

wesleyan, the specialist financial

services provider for lawyers.

almost two in five lawyers (39%)

say they wouldn’t recommend

the profession to someone


LEgaL NEwS

at the start of their career,

while a similar number (40%)

wouldn’t choose the same

career again if they had the

chance, the survey found.

when asked what they

were most concerned about

over the next five years,

financial issues were top of

the list with 52% of lawyers

worried about saving for their

retirement. This was followed

by the impact of the Legal

Services act and alternative

Business Structures (45%) and

reductions in Legal aid (40%).

and while they are concerned

about pensions now, more than

two thirds (67%) of lawyers

only expect their situation

to get worse in future.

wesleyan announced the

research findings as it revealed

its refreshed brand designed

to take the 173 year old

mutual into the next stage of

its history. while there will be

no change to the specialist

nature of its service, it will

no longer use the wesleyan

for Lawyers brand name.

Samantha porter, wesleyan’s

group Sales and marketing

director, said: “We work with

lawyers every day and our

specialist advice can help them

to maximise their personal and

business finances. Clearly

there is a lot of concern about

pension provision and our job

is to help customers put plans

in place so that they can enjoy

the retirement they want.” n

The University of Law

(ULaw) has appointed legal

education specialist Tony king

as special advisor and visiting

professor to help to further

strengthen the University’s

service to its law firm clients.

Tony will join ULaw on 1 august,

2014 after he retires from

global law firm clifford chance

where he has held a series of

learning and development roles

including director of Education,

head of hr development

and currently director of the

clifford chance academy.

he will provide advice and

support to ULaw to help shape its

education and training provision to

its client law firms. The University

has close links with the legal

profession and works with over

90 of the top 100 Uk law firms,

and four out of five of the top

global firms. more than 30 leading

law firms have exclusive training

arrangements with ULaw.

Tony has played a very high profile

role in legal education and training

domestically and internationally.

in addition to his clifford chance

role, he is currently chair of the city

of London Law Society’s Training

committee, a member and former

chair of the Law Society’s Education

and Training committee and a

member of the advisory Board to

the international Bar association’s

academic and professional

development committee.

in addition he is a founder member

of the Legal Education and

Training group, the Uk association

of law firm training partners and

directors, and a former member

of the Joint Legal Education and

Training review consultation

panel. he is joining the Queen’s

counsel Selection panel and has

also edited or written a series

of business skills books for

lawyers and student textbooks.

John Latham, president and cEo

at The University of Law, said:

UNivErSiTy of Law appoiNTS LEgaL EdUcaTioN EXpErT ToNy kiNg To adviSE oN iTS work wiTh Law firmS

“Tony is a pre-eminent figure

in the world of legal education

and training. His appointment

as a special adviser is a key step

forward for the University as it

seeks to further strengthen its

work with law firms in the UK

and beyond. Tony’s sector-wide

credibility and reputation supports

ULaw’s ethos and commitment

to providing the highest quality

legal education and training.”

commenting on his appointment,

Tony king said: “This is a time of

great change across the whole

of the legal services sector, both

nationally and internationally.

The University of Law will play

a significant role in supporting

the sector and I look forward to

contributing to those efforts.” n

Law STUdENT morE ThaN paSSES ThE Bar By BEiNg awardEd prESTigioUS Law SchoLarShip

Ellis isherwood, a final year

School of Law student at

Birmingham city University,

has been presented with a full

Lord denning Scholarship worth

£15,500 by The honourable

Society of Lincoln’s inn.

after a rigorous application and

interview process, Ellis beat

hundreds of other candidates

to become one of very few to

be granted the scholarship to

study for a Bar professional

Training course from September

2014. The scholarship can

be used to pay for her course

at any BpTc provider.

intellectual strength, complete

integrity, excellence at university

and commitment at the Bar are

amongst the qualities expected

by the judges when deciding the

winners. Ellis has demonstrated

these qualities and strengths

throughout her degree and

as a member of the mooting

Society has made a name for

herself in other competitions.

She and fellow student Joshua

Longhorne are currently two

rounds away from the final

of this year’s annual English

Speaking Union’s National

mooting competition and are set

to compete in the quarter finals

on the 16th may in Liverpool.

Ellis said: “I am extremely

pleased and excited to be one

of the few people awarded

a Lord Denning Scholarship

from The Honourable Society

of Lincoln’s Inn. Obtaining

a scholarship from an Inn of

Court helps you financially and

also does wonders for your

CV, as scholarships are highly

prestigious; they act as a means

of demonstrating your abilities

as a prospective barrister. I’m

thoroughly looking forward to

starting the BPTC in September.”

Sarah cooper, Senior Lecturer

in Law & director of mooting

at Birmingham city University

said: “This scholarship reflects

Ellis’ drive, intellectual strength

and enthusiasm for succeeding

in the legal profession. The

School of Law is very proud of

Ellis’ achievements and wish

her well for the future. Her

success demonstrates how this

School can support students

to be the very best.” n

whilst No5 regularly receives plaudits across the legal profession,

it has been shortlisted for national chambers of the year award

with The Lawyer and it was recently named regional chambers of

the year 2013 by Legal 500. No5 places greater awareness of what

it has to offer businesses direct at the heart of its core objectives.

Tony mcdaid chambers practice director explains: “whilst the

norm is for clients to go directly to a solicitors firm who in turn

refer the work on to a barrister, there are an increasing number

of occasions where the client, be it a business or an individual,

would be better served going direct to chambers. Not only is this

a speedy solution but also a cost effective solution with barristers

hourly rates for the most part being less than that of solicitors”.

direct access for the bar is on the increase across many practice

areas but mcdaid is quick to allay any concerns their vast existing

solicitor client base may have about No5 seeking to attract more

work direct from the end user. “In 2013 we launched NoVate

Direct Legal Solutions which is a not for profit referral company,

which unlike the plethora of referral companies out there does not

seek a payment for work it passes on. The benefit to our solicitor

client base is that this vehicle will be in a position to pass work

on to solicitor clients where the case is not appropriate for direct

access”.

The key driver is ensuring that the client is able to make an

informed decision about which barrister and which team of

lawyers he wishes to instruct for any given case. it is sometimes

taken for granted by lawyers that clients will simply come to them

because they always have and because they happen to be local to

the business but mcdaid insists that putting the client first has to

be at the core of providing legal services, in the same way as the

business members of chambers link put their clients first. mcdaid

continues: “There was a time when seeing a lawyer was similar to

visiting your bank manager. A little nerve racking. The tables have

turned and increased competition has led to the legal profession

particularly barristers’ chambers having to be more in sync with the

clients it hopes to attract. A barrister and indeed a lawyer of any

description should be considered to be no more than an extension

of your administration, to be called upon as and when you need

their help”.

it is this forward thinking friendly and innovative approach that

has seen No5 being one of the regions great success stories.

The heartbeat of its business is in the midlands but mcdaid is

proud to see the set opening offices across the Uk and recent

forays over seas has also brought rewards. “We see our business

as being portable and do not see boundaries where we feel we

cannot venture. We are immensely proud that the roots of our

business are here in the Midlands. There has been a business case

for notably being able to control overheads better than many of our

competitors in London where we have 9000 square feet of office

space and over fifty barristers permanently based in the capital”.

“We are sometimes told that clients must instruct London

lawyers... why? The qualifications are the same and the expertise

in 99% of areas is the same. There is a difference though and

that is cost. We ensure that even for our team who are based

in London that costs are neutral, across the business. A client

should not in my view be charged more for the service lawyers

supply just because the lawyers decide to locate themselves in

an expensive part of town”. n

For more information on the services provided by No5 Chambers

or by NoVate Direct Legal Solutions contact Tony McDaid directly

at [email protected] or email [email protected]

No5 chambers is one of the largest sets of barristers chambers in the Uk with over 230 barristers including 26 Queens counsel practising from their offices in Birmingham, London, Bristol and the East midlands.

No5 Chambers

chamBErS


ToNy mcdaid | No5 chamBErS | [email protected]


full details of all our seminars are advertised on our website and regular emailers are sent out to our members. we are currently in the process of confirming further seminars, debates and conferences; if you have any specific training

requirements or would like to suggest future topics, please do email me at [email protected]

course List June - october 2014

course highlights

please see our website for further seminars: www.birminghamlawsociety.co.ukTelephone: Fiona Newby, Learning and Development Co-ordinator on 0121 230 1707 Email: [email protected]

Solicitors’ Accounts Rules Update - Half day session

Date: Tuesday 10 June 2014

Time: 13:00 registration & lunch, 14:00 - 17:00 seminar

Venue: Shoosmiths, 2 colmore Square,

38 Queensway, Birmingham, B4 6BJ

CPD: 3 hours cpd accredited by the Sra

Fees: member fee for fee Earners: £99 + vaT,

member fee Support Staff: £55 + vaT,

Non-member fee for fee Earners: £120 + vaT,

Non-member fee Support Staff: £75 + vaT

Speaker: Linda Lambert

as you will know, the Solicitors regulation authority’s accounts rules

have been substantially updated and these updates included new

rules, a new regime and new roles. The rules were applicable from

october 6th 2011and the new roles that also came into place, coLp

and cofa, are in place from January 1st 2013. This half day course

covers the main rules regarding the handling and recording of client

and office monies and includes the new rules. The aim of the course

is to ensure those attending are made aware of the current regulations

with regard to use of client’s monies for today’s Legal practice.

• client account and client money

• Use of client account

• withdrawals from client account

• interest rules

• Bank reconciliations

• what is a Bill?

• office monies and professional disbursements

• accountant’s report


Linda 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 25+

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’, the

tutor for the iLfm’s associate accounts course, as well as working as

a freelance Legal cashier, mainly in Birmingham. Linda has also acted

as a consultant for a two partner firm of solicitors in worcestershire

and more recently with a medium sized worcestershire practice (for

maternity cover) with special emphasis on risk and compliance work.

date Time cpd hrs course Title area Speakers fees £ members Non members

10-Jun-14 13:00 - 17:00 3 Solicitors’ Accounts Rules Update - Management Linda Lambert £99 + VAT £120 + VAT Half day session Support Staff: £55 + VAT Support Staff: £75 + VAT

11-Jun-14 8:30- 10:00 1 How regulatory decisions are made: Regulatory Nabila Zulfiqar Free £10 + VAT A breakfast with the SRA’s Director & Chief Adjudicator

10-Jul-14 13:00-16:30 3 Conveyancing Law Update 2014 Property Richard Snape £99 + VAT £115 +VAT

16-Sep-14 9:15-17:30 7 Management Course Stage One Management Doug Robinson £170 + VAT £210 +VAT (MC1) September

17-Sep-14 9:30 - 16:00 5 Solicitors’ Accounts Rules Update - Management £150 + VAT £190 + VAT All day session Sept Support Staff: £110 + VAT Support Staff: £150 + VAT

11-Oct-14 9:30 -15:00 5 The Changing Face of Family Law - Conference Family Various TBC TBC

Learning & DevelopmentProfessional Services

BIRMINGHAM LAW SOCIETY


How regulatory decisions are made: A breakfast

with the SRA’s Director & Chief Adjudicator

Date: wednesday 11 June 2014

Time: 08:30 registration and light breakfast, 09:00 - 10:00 seminar

Venue: Sgh martineau, 1 colmore circus, Queensway,

Birmingham, west midlands B4 6aa


Fees: member: free Non-member: £10 + vaT

Speaker: Nabila zulfiqar

Why Attend:

This breakfast seminar will give delegates the opportunity to hear from

the Sra’s director & chief adjudicator, Nabila zulfiqar. adjudicators

make formal regulatory decisions on a wide range issues. This could

be whether to grant or refuse a request for a waiver, an individual’s

suitability for student enrolment or allegations relating to a serious

conduct issue. Nabila will focus on the role of Sra adjudicators; their

significance, powers and their potential impact on solicitors’ practices.

Nabila will talk first-hand about her role and the work she undertakes.

She will describe the type of matters which are adjudicated, possible

outcomes, and how solicitors can improve the way they practise. There

will be plenty of opportunity to ask Nabila any questions you have.

Speaker:

Nabila zulfiqar – Nabila has an LLB in Business Law and qualified

as a solicitor in 1993. She specialises in professional regulation and

prior to joining the Sra in 2011 as director and chief adjudicator,

she was council Solicitor at the general Teaching council for

England (gTc) with responsibility for advising the chief Executive,

registrar and council on all legal matters. She also managed the

legal team and panel solicitors with responsibility for the overall

investigation and conduct of cases before the professional conduct &

competence committees of the gTc. She manages the adjudication

function at the Sra which is responsible for making decisions on

complex or disputed matters. in april 2013, Nabila was appointed

by the privy council to the architects registration Board as a lay

member and chairs its investigation and oversight committee.

from 2005 until 2008, Nabila was principal Solicitor and

head of Service in the Legal department of Birmingham

city council. She specialised in child and adult protection

litigation in the magistrates, county and high courts. She

has extensive advocacy experience in this field.

Conveyancing Law Update 2014

Date: Thursday 10 July 2014

Time: 13:00 registration and lunch, 13:30 - 16:30 seminar

Venue: clarke willmott, 138 Edmund Street, Birmingham B3 2ES


Fees: member: £99 + vaT Non-member: £115 + vaT

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: Land registry identity fraud; Latest on panel

work and changes to the cmL handbook; The new residential enquiries

forms; planning permission changes including relaxation of permitted

development rights; Latest on adoption of sewers and supplementary

transfer schemes due for late 2013; recent case law including cases

on cohabitation; issues in relation to Solar panels and the green deal;

Stamp duty Land Tax and The finance act 2013; New LpE Enquiries.

richard Snape has worked as a consultant and professional

Support Lawyer for davitt Jones Bould Solicitors since 2002. he was

formerly a senior lecturer in law at the University of west of England,

Bristol, and was head of Land Law. he and has done numerous

courses for local law societies all over the country, various public

courses throughout England and wales, in-house seminars within

solicitors firms, and has also talked extensively to local authorities

and central government bodies such as the ministry of defence,

National health Service and hm revenue and customs. he has

also lectured within the Land registry and has written various

articles for the legal press. his areas of specialism include both

commercial and residential property, in particular in relation to local

government law, domestic conveyancing issues, development

land, commercial property and incumbrances in relation to land.

Management Course Stage One (MC1) September

Date: Tuesday 16 September 2014

Time: 9:15 registration and breakfast,

9:30 - 17:30 workshop, *lunch is provided

Venue: Shoosmiths, 2 colmore Square, 38 Queensway,

Birmingham, west midlands B4 6BJ


Fees: £170 + vat for members, £210 + vat for non-members

Speaker: doug robinson

Why MC1?

it’s compulsory for all solicitors, to be completed within

the first three training years post qualification.

Why this MC1?

you will get a clear understanding of: the challenges facing law firms

in the current economic climate; law firm finances, in a way that will

help you understand how your actions affect profit and cash flow; how

you can change your behaviour to contribute more effectively to your

firm’s performance and financial results; how you can help your firm to

develop a competitive advantage; and the key changes affecting law

firm regulation and the code of conduct effective 06 october 2011

The course features a realistic law firm simulation allowing participants

to see exactly how to apply learning back into the workplace.

Course Content

The day is split into three sections covering

core elements of the Sra’s syllabus:

Managing Finance

• Business planning

• key performance indicators

• funding and solvency

• Understanding profit

• controlling costs

• working capital control and cashflow

Managing Clients

• Understanding what motivates clients

• delivering what clients want in the way they want it

• The retainer, and solicitors’ professional obligations

• organising client relationships effectively

Managing People

• delegation and managing other people’s work

• Effective teamwork and decision-making processes



• how to get the most from a meeting

• motivation and performance appraisal

Using a model firm, participants will assess the impact of

management decisions, develop their own approach to good

management, and share ideas on current best practice. The

course will also review the Sra handbook and changes to the

Solicitors’ code of conduct effective 06 october 2011.

Key Outcomes

as a result of attending the course, participants will be able to:

• appreciate the importance of planning;

• understand financial data and key performance indicators;

• act confidently on information contained in financial reports;

• recognise what impresses clients and eradicate what upsets them;

• organise their relationships with clients to deliver great service;

• delegate more effectively; and

• manage meetings and make decisions which

lead to improved performance.

The speaker doug robinson is a director of kinch robinson Limited,

the accredited course provider. he is a chartered accountant who

has worked exclusively in the field of professional development

since 2003. doug teaches management course Stage 1 and 2,

pSc financial and Business Skills and a range of other financial

and management courses aimed specifically at lawyers in

practice. his clients include top 50 Uk law firms, regional firms

and local Law Societies. he is a consultant to the college of Law,

regularly delivering training on public and in-house courses.

if this is a compulsory course for you, please ensure you attend for

the full day to comply with Sra requirements. participants cannot

claim for attending the course if they arrive late or leave early. if the

Sra ask whether a participant has attended the course, notes of

arrival and departure times will be passed on to them; so please

ensure that you arrive at the venue on time. if you arrive late or

have to leave early you may be required to repeat the course.

Solicitors’ Accounts Rules Update - All day session Sept

Date: wednesday 17 September 2014

Time: 9:30 registration & breakfast,

10:00 - 16:00 seminar *lunch will be provided

Venue: St philips chamber, 55 Temple row, Birmingham, B2 5LS


Fees: member fee for fee Earners: £150 + vaT,

member fee Support Staff: £110 + vaT,

Non-member fee for fee Earners: £190 + vaT,

Non-member fee Support Staff: £150 + vaT


The Solicitors regulation authority’s accounts rules have been

substantially updated with the new rules being applicable from

october 6th 2011. also brought in at the same time were two new

roles; these being the coLp and the cofa, which start as from

January 1st 2013. due to the new roles it is important that there is

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

identified as well as ensuring, where ever possible, full compliance

by the firm and their personnel. This course is a full rules course; it

includes the new roles starting 2013 and of course the rules. The

aim of the course is to help firms comply with the rules as fully as

possible and to help highlight areas of potential non-compliance.

• client account and client money

• Use of client account

• client monies withheld from client account

• interest rules

• what is a Bill?

• what is an agreed fee?

• office monies and professional disbursements

• Bank reconciliations

• Legal aid (in brief and Sar only)

• accounting Systems and records (including central records)

Speaker

Linda Lambert: Linda 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

25+ 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’, the tutor for the iLfm’s associate accounts course, as well

as working as a freelance Legal cashier, mainly in Birmingham. Linda

has also acted as a consultant for a two partner firm of solicitors in

worcestershire, covered maternity leave, on a part time basis, in the

department dealing with risk and compliance in a medium sized

worcestershire practice and presently undertaking training of fee

earners and support staff in several well-known firms countrywide.

The Changing Face of Family Law – Birmingham Law Society

and Resolution Family Law Conference, 11th October 2014.

This conference has been arranged to be inclusive to all practitioners

working with the family law to provide a unique insight into working

practices and how each discipline can work together in an ever

changing landscape of family law. with the advent of the Single family

court, the limitations placed upon publicly funded work and significant

changes to the terminology and concepts within the children act

1989 with the introduction of the children and families act 2014 now

more than ever the courts, Lawyers, mediation Services, cafcass,

and all those involved in family law need to work closer together

to ensure they are working together as efficiently as possible.

The topics will include:

• a general round-up of the crucial legislative changes

which have taken place over the last 12 months;

• a spotlight upon the changing approach to finance and

children, both relating to private and public proceedings;

• a unique insight into the perspective of other

disciplines working within the legal profession;

• a discussion of the challenges and opportunities presented

by working together; an insight into proposed law reform;

• Q & a session – your opportunity to question those in a

position of influence

Booking for this event will open soon


There is also a corresponding duty to

disclose to clients all information material

to the retainer of which the adviser has

personal knowledge (o (4.2)). The duty

of confidentiality must be reconciled

with the duty of disclosure to clients and

where these two duties conflict the duty of

confidentiality takes precedence (o (4.3)).

The code does envisage law firms acting

against former or even current clients but

only where the new client gives informed

consent. in addition the former client must

either give informed consent or information

barriers will need to be put in place: it

must also be reasonable to act with such

safeguards in place. (o (4.4)).

a recent high court decision in Georgian

American Alloys v White & Case LLP [2014]

EWHC 94 reminds us of the difficulties of

acting in this way. The claimant companies

(g) applied for an injunction to restrain the defendant law firm (w)

from acting for or advising a client (p) in proceedings which he had

brought in the commercial court against g’s owners.

w had initially provided advice to p in a dispute with g’s owners

over an alleged joint venture. Believing the dispute to be settled,

w had then agreed to act for g in implementing a corporate

restructuring. Subsequently, when the original dispute re-emerged,

w agreed to represent p.

w decided that there was no conflict of interest and put in place

information barriers (also known as chinese walls) to keep separate

its representation of g and p. g applied for an injunction on the

ground that there was a risk that in the commercial proceedings w

might use confidential information that it had obtained when it had

acted during the corporate restructuring.

in this case, the information which g had imparted to w was all

confidential information which the latter was under a duty not to

disclose and g had not consented to disclosure. g’s interests were

adversely affected by reason of their owners being affected by p’s

litigation action, and the information was relevant because w’s

knowledge of the assets of g’s owners could be of significant use

for enforcement purposes and could assist on issues of credibility.

it was held that there had been a real

risk of disclosure in the period before

the introduction of the information

barriers. There was also a real risk that

the confidential information might have

come into the possession of some of

w’s team representing p and the use of

that information, at least inadvertently,

could have been or would be made in the

commercial court action. an injunction

was granted to prevent w acting for p in

those proceedings.

w had used sophisticated industry-

standard software for its information

barriers which in turn were “policed and

monitored by a global compliance team

of more than 30 individuals reporting

directly to the General Counsel’s office”.

w’s own internal policy stipulated that

if information barriers were established,

both clients should be notified unless w’s

general counsel ruled otherwise. No notice of the establishment

of information barriers was given. The Judge could see no good

reason why this notification was not given to the clients.

The morale of this story is that law firms can act against former (or

even existing clients) but not in circumstances where they were

given confidential information and there is a real (as opposed to a

theoretical or fanciful) risk that the information will be misused. if

wishing to do so there is a high evidential burden which law firms

must discharge to show that was no real risk of misuse of the

confidential information received from their former clients.

whilst it is always tempting to try and retain a juicy litigation case,

this case illustrates that it is better to take an early decision and

withdraw gracefully from acting for one client against another

client. in this case the law firm has by continuing to act risked

damaging relations with two clients as opposed to one client. There

will also be the costs of defending the injunction proceedings and

the claimants’ costs to discharge - an expensive exercise. 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

The protection of confidential information is a fundamental feature of the solicitor/client relationship. outcome 4.1 of the Sra code of conduct 2011 requires that the affairs of clients are kept confidential unless disclosure is required or permitted by law, or if the client consents.

JayNE wiLLETTS | SoLiciTor advocaTE | JayNE wiLLETTS & co | SpEciaLiSTS iN profESSioNaL rEgULaTioN

Safeguarding Client Confidentiality

rEgULaTioN rEporT

midlands law firm higgs &

Sons has made a senior

appointment to its corporate team.

adrian cutler has joined higgs as

a partner, bringing with him more

than 15 years of experience in mid-

market mergers and acquisitions.

as a partner in corporate

services, he has a proven

track record of advising owner

managers and entrepreneurs

on a variety of corporate

transactions and projects.

commenting on his appointment,

adrian said: “I am excited at

the prospect of helping Higgs &

Sons to continue its ascendancy,

and I am hoping to build on

the already strong and positive

reputation of the corporate

team and the firm generally.

“I joined Higgs having concluded

that the unabated market

consolidation in the legal sector

was starving the mid-market

owner manager of a credible

alternative choice to the national

and international firms in terms

of corporate advisory work.

“In my opinion, there are very

few firms that demonstrate a

commitment to the small and

medium enterprise market place

and that can offer the quality

of technical ability and service

delivery as well as Higgs can.”

adrian has considerable

experience in private equity deals,

acting for a number of private

equity houses and management

teams alike. he is also well

versed in green and clean tech,

recycling and high growth and

early stage businesses.

Nick Taylor, head of corporate

at higgs, said of adrian’s

appointment: “This is an exciting

addition to our growing team.

Adrian brings with his the

experience we need to meet the

expectations of our clients.” n


mEmBErS’ NEwS

a team of solicitors from

the Birmingham office of

national law firm cartwright king

spent the day with Big issue

sellers in the city centre in order

to experience for themselves

what it is like to be a vendor on

the streets of Birmingham.

They began the day by finding

out about the Big issue as an

organisation and heard about

the experiences of some of

the vendors. They were taken

through the same assessment

and training procedures as a

new person in terms of health

and housing checks and given

tips on money management. The

solicitors then paired up with a

Big issue vendor and received

some training before going out

to sell the magazine with them.

“The aim of such days is to

give more people a better

understanding of what it’s like

to be a Big Issue vendor” said

Becky mitchell, west midlands

manager of the Big issue.

“The best way to do that is to give

them the opportunity to spend

time with a vendor so that they

can see for themselves just how

hard it is to sell the magazine.

Big Issue vendors have a job,

and a hard job. They buy their

magazines for £1.25 and sell for

£2.50, keeping the profit. We

then ask the participants to share

their experiences with others.”

“This gave us the perfect

opportunity to find out just how

tough it is to be Big Issue vendor,”

said fiona warman, director at

cartwright king. “It was a great

experience for the team that took

advantage of this opportunity.” n

SoLiciTorS from carTwrighT kiNg SpENd ThE day wiTh Big iSSUE

The Legal Services Board

(LSB) would like to announce

the appointment of chris

handford as its new head of

research and development.

chris who has been a regulatory

project manager at the LSB

for a number of years steps up

to the position vacated by the

departure of alex roy to the

financial conduct authority.

chris will take responsibility for

developing and delivering policy,

oversight of the LSB’s research

programme and working with

the director of Strategy in

preparing the LSB’s strategy

for the 2015-2018 period.

The LSB would also like to

announce that professor

Stephen mayson has agreed

to work with it on a short

NEw appoiNTmENTS aT ThE LEgaL SErvicES Board

the team from cartwright King, l to r: imogen cox, colin doyle, Fiona Warman and Kim Wintle

term basis as it begins work

on its 2015-2018 strategic

plan and its planned project

on the cost of regulation.

director of Strategy, caroline

wallace said: “We are delighted

to be able to make an internal

appointment to the important

Head of Research and

Development role. Research and

development of policy are two key

aspects of LSB work. Chris has

made many valuable contributions

to this work in the last four years

and with this promotion we know

he will continue to make a vital

contribution to the important

work that the LSB is doing.

“Stephen Mayson’s willingness

to work with us is a sign of

how important both he and the

LSB consider to be the work

we have to do in the coming

years. Stephen has not always

agreed with what the LSB has

done in the past. We view this

challenging yet constructive

approach and his experience,

independence of thought and

objectivity as important and

potentially vital as we turn our

attention to the future”. n

SENior appoiNTmENT madE To higgS & SoNS’ corporaTE TEam

mEmBErS’ NEwS


city of Birmingham Striders

is the Uk athletics affiliated

running club in Birmingham city

centre. The club emerged from

a Saturday morning running

group which trained yoga haven

staff and members for the 2012

Birmingham half marathon.

at present they have four

running sessions per week all led

by experienced running leaders.

Two sessions are on weekday

evenings, the other two are on

weekend mornings. They meet

at 3 different locations all within

the Ladywood constituency

in central Birmingham. The

club is diverse and inclusive.

membership of the club includes

affiliation to the sport governing

body, Uk athletics. This

individual membership provides

discount off races and various

other promotional offers. for the

year from april 2014 the cost

of membership is £25. we have

club vests, t-shirts and hoodies.

Usually they run together in

groups at conversational pace.

The pace of and distance

covered by the groups is

determined by the people who

are running on that day. Some

of the sessions have specific

coach-led goals focused on

aspects of running technique

which are designed to support

our participation in races at local,

county and national levels. They

JaNE pLaNT, wiNNEr of ThE BLS aSSociaTE of ThE yEar award TakES STridES To gET yoU rUNNiNg

organise specific programmes

throughout the year, including

zero to 5k, 5k - 10k, endurance

training, and cross country.

Their overall aim is to encourage

participation in running at all levels

supported by an experienced

and qualified coaching team.

The legal profession can be a

stressful environment. deadlines,

pressure to meet targets and be

out networking leaves us tired

and the last thing on your mind

is exercising after a hard day.

however, exercise has been

proven to reduce stress (and waist

lines) and improve productivity.

Jane plant, associate Solicitor at

weightmans has been running

since 2007 and is a coach at city

of Birmingham Striders. Jane

says “running is a great, social

way to keep fit and an excellent

stress buster. Whether you walk/

run for 30 mins or train for a

marathon, the effects are the same

and anyone can start running. I

couldn’t run for 5 minutes when I

first started and within 2 years had

run a marathon. Give it a try!” n

Law firm mills & reeve’s private

wealth team has scooped a

prestigious industry award. The firm,

which has an office in Birmingham,

took home the prize for regional

Law firm of the year at this year’s

citywealth magic circle awards.

Now in its ninth year, the

awards are run by citywealth,

miLLS & rEEvE’S privaTE wEaLTh TEam ScoopS Top award

mEmBErS’ NEwS


the magazine for global wealth

management experts dealing with

£20 million+ high net worth clients.

mills and reeve’s national

private wealth team, made up of

more than 100 lawyers, advises

high net worth individuals,

entrepreneurs and professionals

on estate planning, including

wills, trusts, family investment

companies and family charters.

matthew hansell, mills & reeve’s

Birmingham-based head of

private wealth, has a private

client base estimated to be

worth more than £4billion.

he said: “It is an honour to

have the hard work of our team

recognised in this way. This award

reflects Mills & Reeve’s strong

position in the private wealth

advisory market and the quality of

service that our team offers.” n

an up-and-coming racing

driver being backed by

Birmingham firm forresters

has carved out a piece of

history early in his career.

formula ford driver Sam

Brabham – part of the Brabham

racing dynasty – has converted

two pole position starts into

his two first race wins.

Sam, aged 19, is being

sponsored for the 2014 race

season by forresters, based in

Edmund Street, Birmingham,

and one of the Uk’s leading

intellectual property firms.

The company also acts for

Brabham in all trade mark matters,

helping protect the world-

renowned name across the globe.

Sam is this year bidding for

his first mSa formula ford of

great Britain championship

title after a highly successful

debut season last year.

forresters partner matt Shaw,

who was at the Thruxton,

hampshire track to cheer on

Sam, said: “It’s an awesome

start to the new campaign, as

the race wins were completed

in such dominant fashion,

with Sam leading from start

to finish in the races he won

and setting a new track

record in the process.”

The wins means Sam is placed

sixth in the title fight, having

closed the gap on his rivals

ahead of the next rounds

at the start of June. n

BriLLiaNT BraBham carvES himSELf a piEcE of hiSTory

a host of new partners and

associate promotions has

been announced at Birmingham

law firm anthony collins Solicitors

(acS), as one of the first tasks of

new senior partner peter hubbard.

Joining the 25-strong

partnership this month within

acS’s specialist housing and

childcare services teams are

new partners Baljit Basra, Jas

Tamber and Natalie Singh.

highly experienced in housing

litigation, Baljit Basra becomes

partner as an authority in the

firm’s housing management team

leading on asset management

litigation. She also heads up

acS’s corporate litigation team

and plays a key role in the

‘operational spine’ of the firm.

Jas Tamber joined acS in 2005

and now leads on the firm’s

children’s work. Jas has been

instrumental in establishing the

team’s reputation among the

best in the west midlands.

he is the convenor of the

Birmingham child care

practitioners group and a former

hershman/Levy award winner.

Joining in 2012, Natalie Singh

specialises in funding and

finance work, primarily for

acS’s housing sector clients,

and also for the firm’s third and

voluntary sector clients. Natalie

has led in developing this new

marketplace, recently winning

a number of mandates to act

on capital markets transactions

with institutional investors.

other key promotions in acS’s

childcare, housing and corporate

ligation teams are Sally Jones,

who moves up to senior associate,

and alex Loxton and alison room

who both become associates.

chartered legal executive alex

Loxton is a senior housing

litigator in the corporate litigation

team. previously chair of the

Birmingham committee of

ciLEx, she was a finalist as

chartered Legal Executive of

the year in the Birmingham

Law Society awards 2014.

alison room joined acS in

2007 as a trainee solicitor and

is a commercial and property

litigator in acS’s corporate

litigation team, specialising in

large commercial and property

disputes for commercial clients,

charities and churches, housing,

and public sector organisations.

Senior partner peter hubbard

said: “Recognising outstanding

legal talent is a major part of

our commitment to providing

the very best legal support to

meet the high expectations

of our clients nationwide.

“They are greatly valued members

of our team and have made a

huge impact in our specialist

sectors. These promotions

are well deserved.” n

NEw parTNErS aNd aSSociaTES STEp oUT aT aNThoNy coLLiNS SoLiciTorS


EvENTS

Networking Event @The Club & Spa at The Cube


Thursday 5 June 2014

maria haby, lexus Birmingham with eileen schofield, President Birmingham law society

Summer dance in conjunction with BTSS and BSg11 July 7pm till late TBc

cricket police v BLS 23 July 2014 Evening Tally ho Sports & conference centre

The Exonerated play 4 - 5 September 2014 Evening The crescent Theatre

Networking event 11 September 2014 6pm - 8pm Bank restaurant, Brindley place

fun afternoon of gold and dinnerSeptember 12.30pm - Late Nailcote hall hotel

Legal Eagles Quiz in conjunction with BSg and BTSS 01 october 2014 6pm - 9.30pm Burlington hotel

pro Bono Networking event 13 october 2014 6pm - 8pm TBc

Newly Qualified celebration 23 october 2014 6pm - 8pm hyatt regency Birmingham

president’s dinner 201427 November 2014 7pm - 1am Town hall

Networking Event 26 february 2015 6pm - 8pm TBc

Strictly come dancing charity Event feb - march 2015 6pm onwards hippodrome

Legal awards 201519th march 2015 7pm - 12.00 icc

agm28 april 2015 5pm - 8pm 43 Temple row

cLaSSifiEdS

Expert witnesses

EvENTS

To book please visit the website www.birminghamlawsociety.co.uk if you have any enquires please email: [email protected] or call: 0121 237 6004

mPW Media & Publishing

GET YOUR BUSINESS NOTICED

If you would like to advertise in THE BULLETIN

please contact Alison Jones on:

Tel: 01905 727907 [email protected]

GET YOUR BUSINESS NOTICED

If you would like to advertise in THE BULLETIN please contact Alison Jones on:

Tel: 01905 727907 [email protected]

Dates For Your DiarY

cricket: Birmingham Law Society vs west midlands policedate: 23 July 2014 Time: 6:00pm - 9:30pm

venue: Tally ho Sports & conference centre, pershore road, Edgbaston, B5 7rN

cricket season is upon us - please join the team! But if you are dibbly-dobbly and don’t know your bouncer from your yorker you should still come and join us to support the team!

6.30pm - cricket game followed by buffet hosted by west midlands police

if you are interested in playing please visit www.birminghamlawsociety.co.uk/cpdcalendar?task=view_event&event_id=122

Documents

NETworkiNg EvENT @ ThE cLUB & Spa aT ThE cUBE...NEwS from No5 chamBErS chamBErS 12 NEw appoiNTmENTS aT ThE LEgaL SErvicES Board mEmBErS’ NEwS 18 cpd coUrSES from BLS LEarNiNg & dEvELopmENT