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Birmingham
ThE BiRMinghaM Law SoCiETy’S MEMBERShip MagazinE
SEE pagE SiX FoR MoRE DETaiLS
ThE pRESiDEnT’S DinnER 2015 aT BiRMinghaM Town haLL
FoLLow uS on TwiTTERwww.twitter.com/bhamlawsociety
CyBER CRiME ConFEREnCE
in piCTuRES 12
CouRT FinD BEnEFiTS Cap unLawFuLLy DiSCRiMinaTES
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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
president’s Report Mushtaq Khan
04
ThE LaTEST FRoM ThE pRo Bono CoMMiTTEE
pRo Bono noTiCEBoaRD 09
BEn hEnRy
MEET ThE BoaRD 17
www.birminghamlawsociety.co.uk | 3
Editorial Copy to:Birmingham Law Society, Suite 101, Cheltenham house, Birmingham, B2 5BgTel: 0121 227 8700 DX 13100 Birmingham
publisher -pw Media & publishing Ltd2nd Floor Richardson house, 21/24 new St, worcester. wR1 2Dp.Tel: 01905 723011
Regulation ReportJayne willetts
10
DaTES FoR youR DiaRy
EVEnTS 18
ChaRiTy appEaLS FoR young hERoES
MEMBERS’ nEwS 14
CoMpLianCE Top TEn FoR 2016
REguLaTion REpoRT 10
ThE pRESiDEnT’S DinnER 2015
in piCTuRES 06
Co
nte
nts
MuShTaQ Khan
pRESiDEnT’S REpoRT 04
The president’s Dinner 201506
4 | www.birminghamlawsociety.co.uk
pRESiDEnT’S REpoRT
Extract of thE PrEsidEnt’s sPEEch at thE annual Birmingham law sociEty PrEsidEnt’s dinnEr – 26th novEmBEr 2015it is indeed a great honour and pleasure for me, as the 120th president of Birmingham Law Society to wish you a good evening and a hearty welcome to the Society’s annual dinner in the magnificent surroundings of the Birmingham Town hall.
we gather here this evening to celebrate the history of this Society and in recognition of the important role of the legal profession as administrators and custodians of the justice system.
we also take this opportunity to celebrate the 800th year anniversary of the Magna Carta. it has been credited with paving the way for the rule of law, human rights and democracy.
thE sociEty anyone that knows me and Birmingham Law Society will know, that we are not exactly shy at claiming our title as the largest regional law society in England and wales, and that we shall soon be celebrating our 200th year anniversary.
The Society’s heritage is a legacy for Birmingham. But you cannot always look back, you have to look forward, and the changes we have made has resulted in a modern, dynamic organisation. The Society was the first in the country to welcome barristers as members and we now have a membership exceeding over 4,400.
i have seen at first hand the brilliant talent and dynamism that there is within this Society – our committees are certainly keeping me busy, just in the last 8 weeks i have read and signed-off over 16 detailed responses to consultations at a national governmental level. i often have to remind myself that officers, council, committee members and board directors are all volunteers!
at the core of the Society is the office manager Becky Lynch and her team of 3 who ensure the Society runs and runs well.
thE lEgal landscaPEThese are exciting, yet challenging times for the legal profession anD even Justice itself. access to justice has been under siege with savage criminal legal aid cuts, leading to unprecedented action by our criminal defence solicitors and barristers. There have been civil court fee price hikes of up to 600%, leaving many individuals and small businesses with no redress. now we are facing court closures in our region and across the country and there are more challenges to come.
Earlier this year we as a nation celebrated the 800th year anniversary of the Magna Carta. how can we or the government forget Clause 40, ‘To no one will we sell, to no one deny... justice”? Justice cannot be said to exist if it only exists for the minority, or even the majority; it must exist for all, it is a fundamental corner stone of any democratic society.
Cuts to funding and changes in eligibility have left vulnerable people without representation and the supply of legal services unstable and unsustainable. The legal profession regularly give up time to help those in need. a survey in 2014, revealed that around 42% of solicitors had undertaken pro bono work in the preceding twelve months; working 52 pro-bono hours; with an estimated value of £601m.
The legal profession has a proud history of undertaking pro-bono work, this is nothing new, but it cannot and should not be a replacement for a properly public funded justice system.
There is a famous african parable about two fishermen seeing babies floating down a river, the younger fisherman jumps into the river and scrambles to pull the babies out shouting, “we have to get these babies out of the river.” The older fisherman quickly walks away replying, “you help as many of the babies as you can. i’m going upriver to see who’s throwing the babies into the river.”
as we seek to help others to pursue justice, we need to focus upriver, on the route causes of the injustice. whilst looking up-river, it is lazy thinking to focus soley on successive government policies, perhaps a key question to ask is, why is there an apparent lack of public interest and media support for such an important issue?
So we must shout about the good that we do, and the differences we make in society and shout loud about the importance of access to justice. after all, we are the administrators and guardians of justice, who apply and uphold the law on a daily basis from the largest corporate deals, to the incredible pro bono work to support society’s most vulnerable.
it is vital that we put forward a counter-narrative to the one put out by successive governments and the media about the legal profession, legal aid and the legal justice system. i would encourage you and your colleagues to grab every opportunity to speak up.
while i acknowledge the necessity for financial discipline there are hard questions to be asked about what price society should be prepared to pay for justice and the very real consequences of not doing so. There are no easy answers but the questions will keep coming.
we must not forget, that the legal services sector is a vital part of our economy. in the last year, the sector grew to an annual turnover of just over £29bn, up 15 per cent in six years. The sector brings inward investment and new jobs beyond the boundaries of the sector itself. we make a direct economic contribution of 1.5% of the uK’s gDp and strengthen the wider business community. Research tells us that for every 100 jobs in the legal services sector we support an additional 67 jobs in other areas of the economy.
The legal services sector is an important and growing part of our economy.
There are strong signs of continued economic recovery in our region. The Financial Times aptly captured this in the title of a recent article, “Second city first: Birmingham trounces its rivals”. Confidence is growing.
in this year’s Legal 500 directory, the findings show that the Birmingham legal community is in good heart and resilient enough to develop, adapt and thrive.
There is no doubt that Birmingham has legal talent in depth. in the listing of regional firms with the most tier one ranked lawyers, four of the top five firms are in Birmingham. The Birmingham bar continues to be vibrant with no5 Chambers and St philips sharing the top slot for leading sets on the Midland’s circuit.
we are a region of legal innovators. we welcomed global firm hogan Lovells to the city when they recently chose Birmingham for their new office. gateleys became gateley pLC when they became the first aiM listed law firm in the uK.
The city of a thousand trades has become the city of 220,000 professional service providers generating some £23bn in revenue each year. The greater Birmingham legal sector now has the largest solicitor and barrister talent pool outside London and i am proud that Birmingham Law Society continues to represent, promote and support our region’s legal community.
charity This evening is also a fund raising event. as president i have the honour of choosing a charity of the year, promoting its work and using our events as a way of raising funds. My chosen charity for the Society is ‘Tiny Babies, Big appeal’ at the Birmingham women’s hospital. This charity raises funds to help support the care of sick and premature babies across the region. i have visited the neonatal unit a number of times this year, including on one occasion abseiling down the building to raise funds. The one thing which becomes very clear as you step into the neonatal unit, is the life saving work been undertaken – premature babies no larger than my hand are being supported with fantastic skill and care.
The target for my presidential year was to raise £14,000 to purchase a panda Resuscitaire machine which is a mobile unit for babies who need breathing support.
i am very pleased to report that the fantastic efforts of our legal community, the hospital and of course Eileen Rock the charity fundraising manager has resulted in the Society raising over £33,000 within a 7 month period! The hospital will take delivery of this life saving machine in the coming few weeks– thank you.
as a result of the fund raising success, we have now set ourselves an ambitious second target to purchase an intelliVue information Centre iX at a cost of £31,000. This piece of vital equipment will provide in-depth analysis and details of babies conditions whilst enhancing safety levels.
on your tables you will find donation envelopes, please dig deep and donate generously. The team will collect the envelopes from your tables after the meal.
thank youThe Society is blessed with wonderful, loyal sponsors and i’d like to thank the event sponsors: arthur J gallagher, Lloyds Banking group and no.5 Chambers.
without your support, this event would not be possible, thank you.
President’s ReportMuShTaQ Khan | pRESiDEnT | BiRMinghaM Law SoCiETy
i thank the team responsible for planning this evening’s event. i will not need to tell you that this dinner has not just happened on its own. a big thank you to Becky, Liz, Johanna and Denise for such a brilliant job.
i would also like to take this opportunity to thank the town hall staff, for all their help.
i am firm believer in the notion that we are not islands, we need the support of our families. i am very grateful to my family whose support is the reason i am here. My mother, brother Riaz, my niece haleema and my wife Samina are here this evening. My mother rarely attends these sort of events, but i very much wanted her to be here and share this evening. My mother has always put the interests of her children before hers, she has simply been the best mother, thank you.
and finally, my wonderful wife Samina, for her continued support, patience and faith in me, thank you.
finally…now back to this evening, i am pleased to announce our keynote speaker will be andy Street CBE, Managing Director of the John Lewis partnership and Chair of the Local Enterprise partnership. andy is an ex local King Edwards grammar school boy. i know i speak on behalf of many in the city when i say the arrival of the John Lewis flagship store as part of the grand central redevelopment in Birmingham is very much welcomed. and i look forward to listening to him later.
i am delighted to announce that Reis Taylor Dixon a young self trained classical pianist and composer from the heart of Birmingham will be performing pieces from his debut album - “words unspoken”. it’s a great album.
and of course we have already had the pleasure of listening to Birmingham Conservatoire’s musicians who will be performing throughout the evening.
i wish you all a cheerful and heart-warming evening. Thank you.
work/EvEnt highlights sincE 25th octoBEr 2015:1. a number of meetings with potential new sponsors/patrons and existing key sponsors/patrons 2. BQ magazine interview with editor Steve Dyson – 27th october 2015. it was an opportunity to talk about the Society, the city and the vision. interview published in the quarterly magazine on the 30th november 2015.3. attending the premiere showing of the BBC comedy fourth series Citizen Khan - 27th october 2015 at the invite of the BBC Director.4. Chairing BLS Council meeting – 28th october 2015.5. Chairing the national Local Law Society & Legal awards planning committee meeting – 2nd november 2015.6. BLS pro-Bono Conference – keynote speaker Baroness Lawrence - 3rd november 2015. great event – full house. Baroness Lawrence as star guest spoke about the importance of having access to quality legal advice, without which justice can be denied. it was also an opportunity for the attendees to meet exhibitors from the not for profit/pro-bono advice sector and to learn about their activities and how others can support. 7. attending the Joint V, the 5 largest local law societies (B’ham, Bristol, Leeds, Liverpool & Manchester) - quarterly meeting hosted by Leeds Law Society at their offices – 4th november 2015. it is a forum to share ideas, learn from each other – membership of this group strengthens BLS’ voice at a national level because as a collective we are stronger.8. past president’s lunch at hDV – 6th november 2015. it is convention for the current president to host an annual lunch for the past presidents. it is an opportunity to share experiences, history and very importantly for the president to provide a report on the state of affairs and the vision for the society. pleased to report they shared the vision and had confidence in the strategy of the current leadership of the Society. 9. attending warwickshire Law Society president’s annual dinner – St Mary’s guildhall, Coventry – 6th november 2015.10. Chairing a panel session on accountability (regarding the judiciary) at a Judicial appointment Commission conference co-hosted by the university of Birmingham and Sheffield university – university of Birmingham – 7th november 2015.11. Chairing new publication editorial meeting – 9th november 2015. agreeing the style, contents of the new publication etc.12. Chairing officers monthly meeting – 11th november 2015.13. Member of panel invited to talk/present on: “public Services professions in Crisis?” hosted by university of Birmingham – 11th novembr 2015. My co-panellist were from the medical and teaching profession as well as phillip Blond author of recent report – “in professions we Trust.” Each of the panellist were given 10 mins to present and it was then opened up to the floor. it is clear that all three professions are struggling in respect of the public service element as a result of public funding cuts, regulation etc. perhaps i am bias, but on the evidence it seems that the other two professions were not subject to the same level of continued onslaught by successive governments in respect of sustained cuts to public funding over a decade. This has resulted in significant loss of income for criminal and civil legal aided solicitors and caused a reduced number of law firms in this practice area which is to the detriment of the public as there is reduced equal access to justice. 14. attending a wesleyan assurance Society Charity gala Dinner at the Botanical gardens – 11th november 2015. 15. Meeting with greater Birmingham & Solihull Local Enterprise – growth hub – 12th november 2015. Discussed and finalising partnership between BLS and the LEp growth hub in supporting business community in the greater Birmingham area. 16. attending Birmingham post awards event at the iCC Birmingham – 12th
november 2015. 17. BLS Board away Day – Brainstorming on key topics at higgs & Sons at Brieley hill – 13th november 2015. a very useful event to review and discuss BLS aims, strategy etc. 18. attending Liverpool Law Society president’s annual dinner – Liverpool – 13th november 2015.19. BLS Board meeting – 19th november 2015.20. pre-Raphaelite Exhibition & networking event at the Birmingham Museum and art gallery – 19th november 2015. hosted by BLS’ property & Development Committee - a big thank you to our sponsors Landmark information group and St philips Chambers. a cultural event which was well attended by the professional and business community.21. Chairing BLS Council meeting – 24th november 2015 – guest speaker Jonathan Smithers president of The Law Society. an insightful and productive meeting with lots of festive mince pies. 22. Birmingham Law Society president’s Dinner at the Birmingham Town hall – 26th november 2015. a fantastic event which was well attended by senior members of the legal profession, judiciary and the business community. photos of the event are in this publication and a video of the event will shortly be available on the BLS website.
tiny BaBiEs, Big aPPEal - charity uPdatE• At the date of writing this report we have raised just over £34,804.08! Our target was £13,987.80 to purchase the panda Resusitaire ventilation machine, which is a life saving machine for new-borns. The panda Resusitaire ventilation machine has been ordered.
• The focus of the fundraising will now be on acquiring an Information Centre – it will provide in-depth analysis and detail of babies conditions (eg. heart rate, blood saturation and blood pressure) whilst enhancing safety levels. The system will link up with the neonatal equipments such as ventilators and monitors and incorporate them into one central station.
as per my promise, every penny raised will not be wasted and will go to intended cause. i have received confirmation from the hospital that the cost of purchase of the information Centre machine is £31,036.20. we shall use all sums collected towards the payment of this machine.
finallyThank you for your time and invaluable support.
“On behalf of the Society, I wish you and your families a very merry Christmas and the happiest of new years.” n
www.birminghamlawsociety.co.uk | 5
in piCTuRES
President’s Dinner, thursday 26 november 2015, town Hall
Chris Owen, Chairman BLS; Jayne Wiletts, Jayne Wiletts & Co Solicitors; Ian Shovlin, Higgs & Sons
Peter Jones, AJG; Emma Louise Hewitt; Jo Stevens; Michelle Drinkell; Edward Smith; Stephen Gooden; Sean Finnegan
Julia Lowe, Higgs & Sons; Liz Smith, Amelia Bond Search; Michael Eyre, Hadgkiss Hughes and Beale; Sarah Dwight, Sarah Dwight Solicitor Jason Nash, Lloyds; Darren Riley, Lloyds
James Sander, Arden Chambers; Lisa Jones, Arden Chambers; Tim Clarke, Arden Chambers
Matthew Underhill; Zahra Pabani, Shakespeare Martineau; Mike Hibbs, Shakespeare Martineau
Paul Hunt, Higgs & Sons; Les Szostek, Allsopp & Co; Martin Allsopp, Allsopp & Co
Mushtag Khan, BLS President; Bishop of Birmingham - David Urquhart
Robert Bourns; Judge Melbourne Inman, Recorder of Birmingham; Chris Owen, Chairman BLS
John Crabtree, OBE DL; Dave Thompson, Deputy Cheif Constable; Elisabeth Buggins, Birmingham Womens NHS Foundation Trust
Robert McDonald, No5 Chambers; Naomi Owen, No5 Chambers; Eamonn Hurley-Flynn, No5 Chambers; Jodie Kemberry, No 5 Chambers
Catherine Junor, Higgs & Sons; Matt Shaw, Forresters; Helen Benussi, Bennussi & Co
Dee Kundi, HL Legal; Paul Brown, Ernst & YoungAngela Henry, Carltons Solicitors; Inez Brown, Harrison Clarke Rickerbys
Joe Wilson, St Philips Chambers; Ben Henry and Guest, Jonas Roy Bloom; Becky Lynch; Tony McDaid, No 5 Chambers; Bernard Shepherd
Peter Wiseman, Honorary Member; Angela Henry, Carltons Solicitors
Kindly Sponsored by:
8 | www.birminghamlawsociety.co.uk
The high Court has today
ruled that the Secretary of
State for work and pensions
has unjustifiably indirectly
discriminated against unpaid
carers for disabled family
members by failing to exempt
them from the Benefits Cap. The
Court upheld the Equality and
human Rights Commission’s
submission that carers’ article
14 rights under the European
Convention on human Rights
had been contravened by
not considering the impact
on disabled people.
Commenting in response to
this ruling, Rebecca hilsenrath,
CEo at the Equality and human
Rights Commission said: “We are
pleased that the court has found
the impact on disabled people of
losing a family carer had not been
properly considered. The effect
could be profound and the loss
of a trusted carer devastating.”
“The substantial reduction of
income could jeopardise the
ability of those affected to
continue to care for severely
disabled relatives. The court
noted that the Secretary of State
did not provide any information
to Parliament about the effect
on disabled people if their family
carer were unable to continue.
“The court also held that, rather
than saving public money, it
would cost considerably more
for the care to be provided by
local authorities or the NHS.” n
CouRT FinD BEnEFiTS Cap unLawFuLLy DiSCRiMinaTES againST DiSaBLED pEopLE’S CaRERS
LEgaL nEwS
Commenting in response to a
Christian advert being banned
from being shown in the cinema,
a Commission spokesperson,
said: “Freedom to hold a religion
and freedom to express ideas are
essential British values. We are
concerned by any blanket ban on
adverts by all religious groups.
“Digital Cinema Media have
said an advert could cause
offence to those of differing
faiths. There is no right not to
be offended in the UK; what is
offensive is very subjective and
lies in the eye of the beholder.
“This does not mean groups or
individuals are free to express
themselves without restriction.
Freedom of expression can be
and is restricted but only in order
to prevent violence, abuse or
discrimination for example.
“There is nothing in law
that prevents Christian
organisations promoting their
faith through adverts.” n
CoMMiSSion CoMMEnTS on ChRiSTian aDVERT BEing BannED FRoM CinEMaS
with the fallout from the
TalkTalk hack still continuing
to make headlines, hybrid
workforce solutions provider
gibbs S3 is warning that the
shortage of qualified cyber-
security specialists is becoming
critical for Midlands businesses.
Symantec CEo Michael Brown has
been quoted as saying that the
global demand for cyber-security
professionals is set to grow to six
million by 2019 with the shortfall
expected to be around 1.5 million,
and businesses in the Midlands
will not escape the effect.
Measures introduced by the uK
government, including Cyber
Essentials, a programme aimed
at providing basic cyber-security
awareness at quickly and cheaply
for SMEs are laudable and should
be continued.[1] however, these
initiatives are decidedly insufficient
when it comes to combating
modern advanced persistent
Threats (apTs) which threaten
Midlands businesses. in 2015
alone, ashley Madison, TalkTalk,
harvard university and the iRS
have all be victims of sophisticated
and damaging hacks.
Farida gibbs, CEo and Founder of
gibbs S3, the hybrid iT consulting
and staffing solutions company
commented: “The range and
severity of threats, coupled with
the desperate shortage of skilled
staff means that the majority of
British companies are fighting an
increasingly complex war with
clearly insufficient resources. This
issue is compounded by the fact
that standing still is not an option –
firms need to be far more proactive
in beefing up their digital defences
as the hackers who are looking
to get in are constantly evolving
and mutating their attacks.”
The dangers are not limited
purely to larger companies either.
Recent research from KpMg
has found that 70 per cent of
SMEs can do significantly more
to protect sensitive client data.
it is a truly worrying statistic
when considering that the same
research found that 94 per
cent of enterprise procurement
departments considered cyber-
security protocols to be a key
factor in deciding which suppliers
to use.[2] The inability for small
firms to provide adequate
cyber-security protection is
now causing small businesses
significant revenue losses, an
untenable state of affairs.
punam Tiwari, Senior Legal
Counsel and Data protection
Specialist at gibbs S3 said
“We’ve now seen CEOs of major
companies lose their jobs because
of cyber-attacks which should be
a serious wake-up call about the
consequences. Companies should
start from the assumption that
their systems have been infiltrated
by criminals and operate on that
basis, yet many businesses are
simply failing to act. Companies
can no longer afford to casually dip
in and out of the market, assuming
that they will find qualified people
when they need them. There needs
to be a greater commitment to
data protection and cyber-security
training across the UK with
businesses also carefully assessing
and planning how they will bring
on cyber-security experts at a
moments notice – whether that
is for a crisis scenario or not.” n
ShoRTagE oF CyBER-SECuRiTy SpECiaLiSTS SET To REaCh CRiSiS poinT FoR BuSinESSES in ThE MiDLanDS
10 | www.birminghamlawsociety.co.uk
1. unBundling lEgal sErvicEs
with the decline in legal aid, firms are increasingly being asked to provide
unbundled services. The risks of doing this have been reduced but by no
means eliminated by the recent judgment in Minkin v Lesley Landsberg
[2015] EWCA Civ 1152. The Court of appeal threw out a negligence claim
against a family lawyer and ruled that solicitors may offer “unbundled”
services without being liable for matters beyond those in their client
retainer. This decision is welcome news to the profession but does not
mean that firms can be cavalier. This is a high risk area and particular
attention must be paid to the terms of the retainer.
2. sEParatE BusinEssEs and innovation
The restrictive separate business rule was abolished on 1 november 2015.
Solicitors can now have an interest in a separate business providing non-
reserved legal activities. This opens up the opportunities for investment by law
firms in associated businesses. The SRa has also introduced SRa innovate
- an advice service to assist firms with innovation in the legal services market.
3. information sEcurity and cyBEr crimE
The number one risk to all firms should not be underestimated. The horror
stories during the last 12 months of cyber theft from client accounts of
amounts ranging from £50,000 to £2m make chilling reading. Even if a firm
escapes intervention and persuades its professional indemnity insurers to
pay out, its ability to continue in practice is almost certainly at an end due
to prohibitive premiums for the following year. This risk is in addition to
the daily risks of malware, theft of client details and general interruption to
business that can be caused by the cyber criminals. awareness training
for staff not just accounts staff is essential, backing up offline, culling
social media activity and cyber liability insurance should all be considered.
4. mislEading cliEnts, courts & EmPloyErs
There appears to be an increasing trend in fee earners deceiving courts, their
own firms and clients to conceal lack of activity or wrong doing. Fabricating
documents, advising clients that proceedings have been issued, advising
clients that proceedings are settled, making payments of damages from
office account, and making false entries on the time recording system are all
examples of misconduct brought before the SDT in the last 12 months. The
explanations for such misconduct have ranged from inadequate supervision
of junior staff, heavy workload, illness and/or fear of losing employment.
The old rule to seek immediate help from a peer or supervising partner
seems to have been forgotten in this brave new world. Deception of any
kind invariably results in a striking off order for dishonesty. it is basic stuff
but prevention is dependent upon personal supervision of fee earners and
spot checks on the files including the financial transactions.
5. cliEnt confidEntiality & conflicts of intErEst
These two foundation stones of practice will continue to be subject to
constant challenge with the increase in aBSs and the relaxation of the
separate business rule. any third party relationship for the referral of work
should be carefully tested in advance for issues of client confidentiality and
conflict as well as principle 3 not allowing independence to be compromised.
6. succEssion and Exit Planning
as the daily struggle to balance the books continues now exacerbated by the
legal aid changes, there will be more entrants and more exits from the legal
services market. it will no longer be inevitable that firms of a certain size will
survive. with this in mind, contingency plans for all firms’ key managers in the
event of long term illness, death, and financial failure are essential.
7. ProfEssional indEmnity insurancE
The existing mandatory limits are still in place but are likely to be reduced
when the current SRa consultation is completed. a specific new outcome
(7.13) was introduced in april 2015 requiring firms to review the adequacy of
their own insurance arrangements. if compulsory limits are reduced further,
firms could be faced with an additional burden of deciding on a case by
case or work type by work type basis whether they need top up insurance.
8. nEw cPd rEgimE
From 1 november 2016, all firms will be subject to the new regime and will be
responsible for organising their own CpD as opposed to the previous minimum
hours requirement. Training can therefore be tailored more closely to a firm’s
needs. Firms and individuals will need to complete an annual declaration to
confirm that they have participated in appropriate CpD during the previous 12
months. as with professional indemnity insurance, the buck stops with the firm
– it is the firm’s responsibility to ensure its partners & staff have adequate CpD.
9. ProtEcting your firm’s rEPutation
whatever the sanction imposed by the SRa or the SDT, it is nothing as compared
to the damage to reputation that occurs when a regulatory decision appears on
the SRa website or a judgment is published on the SDT website. almost 100%
of disciplinary outcomes are now made public. The recent practice by both the
gazette and Legal Futures to publish an article on virtually every single disciplinary
case that becomes public adds fuel to the fire of reputational damage.
10. comPlying with thE sra accounts rulEs
The majority of SRa investigations involve breaches of the accounts Rules.
Financial housekeeping is fundamental to a successful practice. Employ the
most experienced finance manager that you can afford but more importantly
make sure you understand the accounts Rules yourself and can ask the right
questions by way of challenge. it is the partners that are responsible in the
event of any breaches as strict liability is imposed by Rule 6. n
Jayne Willetts is also a director of Infolegal - a law firm
compliance and risk management consultancy. Infolegal
subscribers can now download the second edition of the
Solicitors Office Procedures Manual by Matthew Moore and Vicky Ling in
advance of its publication and can also access a range of detailed guidance
notes and factsheets on these topics and many others. www.infolegal.co.uk.
CoMPLIAnCe toP ten FoR 2016
what does 2016 have in store for us? in no particular order, here are ten significant compliance issues for the new year.
REguLaTion REpoRT
JaynE wiLLETTS | SoLiCiToR aDVoCaTE | JaynE wiLLETTS & Co | SpECiaLiSTS in pRoFESSionaL REguLaTion
www.birminghamlawsociety.co.uk | 11
in piCTuRES
national Pro Bono WeekMonday 2 - Friday 6 november 2015
L-R: Mushtaq Khan, President Birmingham Law Society; Baroness Doreen Lawrence of Clarendon OBE; Linden Thomas, Chair Pro Bono Committee Birmingham Law Society
12 | www.birminghamlawsociety.co.uk
Cyber Crime Conferencetuesday 24 november 2015 at st Philips Chambers
in piCTuRES
L-R: Stephen Robinson, Managing Director, Xyone Cyber Security; Rachael Shorer, AIG; Peter Hallam, KGJ insurance; Bernardette Griffin, Director of Learning and Education BLS; Jayne Willetts, Jayne Willetts & Co; Matthew Moore, Infolegal; Martin Allsopp, Past President BLS
www.birminghamlawsociety.co.uk | 13
in piCTuRES
www.birminghamlawsociety.co.uk | 13
Birmingham Law Society would like to thank all of
the event sponsors:
MEMBERS’ nEwS
The Birmingham Law Society
Student Committee has
welcomed in a new academic year
for the law students it represents
by undertaking numerous
presentations over the students
induction week detailing the law
society’s role and importance.
Laura Ralfe, a specialist medical
negligence lawyer from irwin
Mitchell’s Birmingham office
has been appointed chair of
the Birmingham Law Society
Student Committee, leading the
committee as it organises events
and promotes opportunities
for local law students to get a
taste of life in the legal sector
as a solicitor or barrister.
Discussing her role, Laura said:
“Being appointed to chair the
student committee is a great
honour and I am delighted to be
leading the team in the coming
months. It is a very exciting
time for the committee and
we are really looking forward
to meeting the city’s legal
students across our upcoming
range of events and activities.
“Nurturing and helping the next
generation of legal talent to
develop key skills is a vital part
of Irwin Mitchell’s philosophy
and the firm also maintains a
commitment to supporting and
getting involved in the local
communities where we are based.
Within the committee, we have
representatives from many law
firms who also recognise the
importance of local involvement
including Weightmans, Mills and
Reeve, Jonas Roy Bloom and
DWF. Such representation offers
the students an insight into life
as a lawyer from a wide range
of practices. We have over 1200
student members and it is our job
to ensure they have opportunities
to meet practitioners and know
what a legal career is really like.”
The committee is currently
working on arranging several key
projects for the coming months,
including an upcoming networking
event, educational talks, a football
tournament and a students versus
practitioners quiz. More details
will be available in due course.
Simon Everington, a trainee
solicitor at irwin Mitchell who
is also a student committee
member, said: “Having
been a student so recently
I recognise how vital it is
to create opportunities for
students to meet practitioners
and build relationships within
the legal community. I feel
lucky to work at a law firm that
recognises and supports this.”
David Meakin, president of the
Birmingham City university
Student Law Society, said:
“The student committee does
a fantastic job creating new
opportunities for the next
generation of legal talent to
develop their knowledge and skills.
“We would urge anyone
considering a career in law to
come along to the upcoming
events, meet like-minded people
and have fun along the way!”
Should you be interested in
joining the Birmingham Law
Society Student Subcommittee,
please contact Laura Ralfe on
a nEw aCaDEMiC yEaR FoR ThE STuDEnT CoMMiTTEE
Birmingham Law Society
(BLS) welcomed
Baroness Doreen Lawrence
of Clarendon oBE as guest
speaker at its annual pro
bono networking event.
Baroness Lawrence spoke about
the importance of pro bono
and the volunteer lawyers who
helped her family during their
20-year battle to secure justice
for her murdered son Stephen.
The event, organised by BLS’s
pro Bono Committee, was
held during national pro Bono
week, aimed at celebrating
the breadth and impact of
pro bono work undertaken
by the legal profession.
More than one hundred
people from the city’s legal
sector, along with charitable
organisations and advice
agencies, attended the event at
the office of wragge Lawrence
graham & Co LLp (wLg).
The event was sponsored by
no5 Chambers and wLg. n
BLS wELCoMES JuSTiCE CaMpaignER
14 | www.birminghamlawsociety.co.uk
Midlands air ambulance
Charity is hosting a
young heroes Christmas party
on Saturday 12th December
at the Strensham airbase in
worcestershire, and is inviting
children under the age of 16
who have been airlifted by the
charity in the past three years.
The charity’s annual event gives
the children the opportunity to
meet the aircrew who attended
their incidents and see one of
the three air ambulances.
Jason Levy, fundraising and
marketing director for Midlands
air ambulance Charity, says: “On
average we airlift a child every four
days, so this event is to acknowledge
the bravery of these young heroes.
“It is also an opportunity for the
aircrew to see how the youngsters
they have airlifted are doing now.”
The young heroes Christmas
party is free to attend and open to
everyone under the age of 16 who
has been airlifted by the charity
in the past three years. There will
a visit from Father Christmas,
festive games and refreshments.
For more information please visit
www.midlandsairambulance.com
or call the team on 0800 840 2040. n
ChaRiTy appEaLS FoR young hERoES
www.birminghamlawsociety.co.uk | 15
16 | www.birminghamlawsociety.co.uk
MEMBERS’ nEwS
The Birmingham office of
national law firm irwin
Mitchell has re-established
its pro Bono group.
a new committee was created
to celebrate pro Bono week
earlier this month and the
Birmingham group will aim
to use its legal expertise to
provide free legal advice to
those who are unable to pay.
The group will work with
local universities to support
legal students, as well as
supporting the pRiME initiative,
which offers work experience
to young people from less
privileged backgrounds who
might otherwise not have
the opportunity to access
careers in the legal world.
philip Banks, a partner at
irwin Mitchell, and a member
of the committee, said: “Pro
Bono is at the heart of Irwin
Mitchell’s philosophy as a law
firm, in terms of both providing
legal advice to those unable to
access such support and also
in helping to develop the next
generation of legal talent.”
irwin Mitchell’s Birmingham
office have already developed a
partnership with the Birmingham
irish association and have
provided free legal advice
to a number of members.
in addition to the work of
the Birmingham pro Bono
committee, irwin Mitchell
will continue to support the
communities in which it
operates around the country
and will continue its financial
commitment to Lawworks,
the pro bono charity in
England and wales.
Judith Jones, from the Midlands
Legal Support Trust, and Linden
Thomas, from the Centre for
professional Legal Education
and Research at the university
of Birmingham, visited the law
firm’s imperial house office
to help launch the initiative.
The group has also raised almost
£400 for the Midlands Legal
Support Trust, which will be
used to help local organisations
that provide support and free
legal advice for people in the
region who cannot afford it. n
BiRMinghaM Law FiRM iRwin MiTChELL LaunChES pRo Bono gRoup
gateley plc, the uK’s first
aiM listed law firm has
strengthened its offering with
the appointment of partner and
new head of its national private
Client team, Catriona attride.
Catriona joins the firm from
Shakespeare Martineau, having
spent over four years leading
its private Client service in the
South Midlands. prior to that,
Catriona spent five years as
partner at williamson & Soden,
where she was responsible for
developing and building the
firm’s private Client practice.
Catriona advises on a range of
matters including the use of wills
and trusts for estate planning
and family protection purposes
tax, estates administration,
court of protection issues and,
contentious trust and probate
matters. Throughout her career,
gaTELEy pLC appoinTS nEw pRiVaTE CLiEnT hEaD
she has acted for high net worth
individuals and entrepreneurs,
and regularly advises corporate
clients on ways to maximise
financial opportunities.
with extensive experience in
building, developing and leading
teams, Catriona joins gateley
to expand its national private
Client offering. Commenting
on her appointment, Catriona
said: “i’m delighted to be joining
gateley. with a number of offices
established in other regions and
high quality teams, i’m looking
forward to taking on the role of
leading and developing the private
Client practice at what is a really
exciting time for the company. our
team takes a holistic approach
to private Client services that
result in long-standing personal
relationships. Many of our clients
consider us the first port of call for
all of their personal contentious
and non-contentious legal work.”
gateley’s private Client practice
offers a national reach, working
with individuals across the uK to
provide the highest quality advice
on how to best manage their
wealth and personal affairs. its
clients range from CEos of plcs
and start up entrepreneurs to large
estate owners and lottery winners.
gateley plc recently became
the first uK commercial law firm
to float on the aiM market of
the London Stock Exchange.
The company raised £30
million as part of its listing and
was valued at £100 million
on first day of dealings. n
The Mayor of walsall,
Councillor angela underhill,
has congratulated leading walsall
law firm, Enoch Evans LLp, on the
opening of their newly refurbished
offices in the heart of the city. The
expansive new facilities help to
ensure the firm can expand its
operation even further over the
next few years. Enoch Evans LLp
now has the office space it needs
to provide more support to more
people throughout the Black
Country and into the Midlands.
Enoch Evans LLp is one of
the Black Country’s longest
established law firms. The firm
currently employs more than
40 lawyers, who assist private,
commercial and corporate
clients. The grand opening in the
presence of the Mayor was a bit
of a back-to-the-future moment.
The firm’s founder, Mr Enoch
Evans, also served as Mayor of
walsall in 1921 and maintained
strong connections with walsall
throughout his life. he was even
described as one of walsall’s
outstanding personalities. his firm
has operated from walsall from its
inception in 1884 – and, no matter
how much it grows, Enoch Evans
LLp will always have its home here.
Even after 130+ years in
business, there’s still an Evans
at the head of Enoch Evans LLp.
Managing partner, David Evans
is the great grandson of founder
Enoch Evans. while the firm has
grown tremendously – David
Evans is still looking ahead. n
EnoCh EVanS LLp nEw oFFiCES
MEET ThE BoaRD
Ben studied on the Bar Vocational Course after
his law degree, and initially sought to obtain
pupillage in chambers. at that time, in 2003,
Jonas Roy Bloom (JRB) were recruiting LpC
and BVC graduates, for short to medium term
posts, to do paralegal work. Ben applied and
was taken on with the ultimate goal of using
casework experience to obtain pupillage. Three
BVC graduates were taken on at the same time, two of which
obtained pupillage and are now at the bar in Birmingham (Ben was
the one that did not).
having not obtained pupillage but progressing through the firm,
Ben later decided to convert his qualification to become a solicitor.
in 2007 he was offered partnership at JRB if he was able to cross-
qualify. The conversion required non-contentious experience, and
so Ben went on secondment to what was then Martineau Johnson,
to practice in corporate (M&a). after considering remaining there to
practice as a corporate lawyer, Ben returned to JRB and qualified
as a solicitor in 2008, taking partnership thereafter. he specialises
in corporate crime investigations and prosecution.
During Dean parnell’s presidential year, over a lunch conversation
which moved to the new intake of barristers to BLS, an idea about
student membership grew. Ben was asked to set up a student
committee and did so, becoming chair of the committee. The
student membership now numbers well over 1,000.
Ben was invited to join the board as membership director in
2013, and is now responsible for membership strategy and rates,
recruiting new members and liaison for members. n
Meet the Board:Ben HenryBen henry is Membership Director at BLS, and a partner at Jonas Roy Bloom.
www.birminghamlawsociety.co.uk | 17
Events
18 | www.birminghamlawsociety.co.uk
DaTES FoR youR DiaRy
10 March 2016 - networking event Venue: hyatt Regency Birmingham
21 april 2016 - Legal awards 2016 Venue: iCC
26 april 2016 - agMVenue: TBC
To book please visit the website www.birminghamlawsociety.co.uk if you have any enquires please email: [email protected] or call: 0121 227 8704
Expert witnesses
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charity BaromEtEr
in november, the
property & Development
Committee hosted
an evening of culture
and networking at the
Birmingham Museum
and art gallery. well
over 60 members of
Birmingham Law Society
and professionals
throughout the region
enjoyed a unique guided tour of the exhibition. The
exhibition showcased the paintings of Edward Robert
hughes, whose work is internationally acclaimed.
it is the first time in the hundred years since his
death that such a celebration of his work has been
put together, including paintings and sketches,
many of which are held in private collections.
Committee Chair, Clive Read, said “I was delighted we
have been able to celebrate and enjoy such a stunning
collection of work. The Museum’s curator brought the
Exhibition alive for all of us. It is yet another example
of what great culture Birmingham enjoys and I was
especially appreciative of Landmark Information Group
and St Philips Chambers’ support which made a fantastic
evening possible. Not only are they top at what they do,
they have an appreciation of Birmingham’s culture.” n
EnChanTED DREaMS - ThE pRE-RaphaELiTE aRT oF ER hughES
L to R: Tony Rollason (Landmark Information Group), Clive Read (Veale Wasbrough Vizards) and Tony Verduyn (St Philips Chambers).
at november’s property & Development Committee meeting we were delighted
to welcome Law Society president, Jonathan Smithers, hosted this month at The wilkes partnership. This is a great coup for the Birmingham Law Society during his presidential year. Jonathan provided a fascinating insight into the Society’s work in the sphere of conveyancing and property issues. as a conveyancing man, who led the way with the implementation of the CQS accreditation, he brings a unique and important outlook to matters of national significance for all property practitioners.
his wide ranging discussion did not shy away from the big issues. Veyo, the new iT based system that is intended to speed up and provide greater transparency in the conveyancing system, has not been progressing as smoothly as would have been liked. a competitor product has been launched but The Law Society is committed to promoting Veyo because it is designed to help members, especially those who may not be able to compete with the bigger firms who can adopt and pay for an alternative model.
The government is committed to house building and other drivers in the market to maintain and improve the quality of transactions. with over 1.2 residential
transactions taking place each year, it is vital consumers have confidence in the system. The CQS has been a key part of that. Recent changes on the Ta6/10 forms and the use of standard conditions of sale 5th edition are additional and welcome changes. panel management by the major lenders is an ongoing issue for some, but the Law Society has an open and ongoing dialogue with lenders to see that the profession ensures quality and effectiveness of the system continues to rise. That goes, too, for discussions with the Council of Mortgage Lenders where the Society continues to “influence the influencers”.
The Society is keen to do more, especially in the field of leasehold premises where there is a current consultation on the “Fees on transfer of title, change of occupancy and other events” which is looking at the fees regimes of managing agents and landlords. The Society is working closely with government and the RiCS to improve the current system.
The president praised Birmingham Law Society for its vibrancy. as the largest regional law society outside London, BLS is highly regarded in Chancery Lane and the work of the committees and the responses to government consultations, amongst other things, are always well received. n
Law SoCiETy pRESiDEnT ViSiTS ThE pRopERTy & DEVELopMEnT CoMMiTTEE
