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LINK IN THE CHAIN

April 2012 | Issue 110

www.leedslawsociety.org.uk

The Official Journal of Leeds Law Society

The integral role planned for mediation

Leeds Law Society1 Albion PlaceLeeds LS1 6JLDX 12079 LeedsTel: 0113 245 4997

EDITORIAL:Editor Steven Bancroft01423 [email protected]

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publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without written permission from the publishers. The views expressed in Leeds & Yorkshire Lawyer are not necessarily those of the Leeds Law Society or the publisher. While the publishers have taken every care in compiling this publication to ensure accuracy at the time of going to press, they do not accept liability or responsibility for errors or omissions therein however caused.

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CONteNtS

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Leeds & Yorkshire Lawyer | Issue 110

Views

5 From the President Philip Jordan explains why it is time for all

legal practitioners to join the fight against planned cuts to legal aid

News

6 Society The Leeds Annual Legal Dinner is a major

evening of pride and celebration

9 Headlines Leeds is the only city outside London to be

visited by a delegation of Mexican lawyers

10 Business development Dickinson Dees sets sights on major growth

following its move to Leeds

12 Charity Citys childrens charity receives a donation in

excess of £8,000 from one firm

13 Regulation More time is granted for firms to nominate

their COLPs and COFAs

14 Social Regional firms run schemes which invest in

people

15 Appointments The latest round-up of who's going where at

our firms

17 Chambers An alliance first for one regional set and a

major honour for a leading barrister

Focus on

19 Comment Patrick Walker talks breathtaking bills,

Barnsley breakfasts and titanium

21 Legal update The developing role mediation has to play in

helping provide access to justice

25 My career & me David Listers burgeoning career is already

hitting some high notes

27 Regional spotlight Hull proves to be an innovative city at the

forefront of an evolving marketplace

29 Chambers profile A mould-breaking alliance has further

strengthened the hand of Chancery House

31 Residential conveyancing When it comes to flooding, conveyancers

can look after the best interests of their client

33 Legal expenses insurance After-the-event (ATE) insurance is right at the

forefront of controversial reform

Out & about

35 Places to go Brasserie Blanc in the heart of Leeds

represents France at its very best

38 The last word Medical negligence expert Stuart Hanley

answers our probing questions

Subscriptions are available to Leeds & Yorkshire Lawyer at £70 for one calendar year (10 issues). Unless requested otherwise, your subscription will start with the issue following receipt of your payment.To subscribe contact Jonathan Crawley at publishers Barker Brooks Media on 01423 851150, or email [email protected]

Yorkshire Cancer Research is the largest independent regional medical research charity in the UK. The charity is delighted to be involved in this year's Yorkshire Lawyer Awards.

Charity number: 516898

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5Leeds & Yorkshire Lawyer | Issue 110

FROM tHe PReSIDeNt

Time for a united front

P ersonally, I have never had any involvement with the legal aid system save for dealing with the

occasional request while an articled clerk to assist a client to complete a ‘Green Form’. Clearly this was many years ago but, even at that point in my embryonic legal career while attending to the vagaries of company and commercial law, I recognised two things (they were obvious to be honest): first, that the availability of legal aid had to be assured if all citizens of England and Wales were to have equal access to justice, and, secondly, that the vast majority of legal aid applicants came from socially and economically deprived areas.

The Legal Aid, Sentencing and Punishment of Offenders Bill, for brevity let us call it ‘the Bill’, has many and varied provisions – the clue is in the name – but it is in relation to the proposed legal aid reforms that most opposition has arisen. Many observers consider the Bill to be the single biggest attack on an individual’s right to equal access to justice since the legal aid system was introduced.

The Government has witnessed a huge backlash to the Bill. I think that we can all recognise the need to reduce public spending generally and a major part of the reforms set out is designed to save £350 million a year from the current legal aid budget. If introduced in its entirety and enacted, legal aid will no longer be available for private family law cases unless there is said to be a high risk of violence, clinical negligence, social welfare advice or for employment disputes. Millions of pounds will be saved but one cannot help but conclude that removing those areas from the legal aid scheme will mean that, as ever, it will be the socially and economically deprived that will be worst affected.

Leading the oppositionOpposition to the Bill is great and vociferous and the Law Society leads the charge. CEO Desmond Hudson said: “The Law Society accepts the need to achieve savings and […] has a set of alternative proposals for meeting the Ministry of Justice’s deficit reduction target which, while not without pain, would preserve access to justice in most cases. It is time for the Government to work with the Law Society and other groups to radically reshape this Bill.” I wholeheartedly agree.

Legal aid for criminal matters is also to be affected and the proposals to limit the scope and the extent of the legal advice that may be given at a police station, coupled with a plan to introduce means-testing of those arrested while at the police station, has produced outrage among criminal law solicitors and observers alike. Again, it is clear that most persons finding themselves in need of legal advice and assistance at a police station are from socially and economically deprived areas. It is good to hear then that the Government has scrapped the

means-testing plan and is reconsidering other related proposals. Having cleared the House of Commons, the Bill now sits with the House of Lords where it is hoped that real debate on its content will take place and further significant changes can be effected.

Sounding offFor sure, the Bill will be enacted as the Government needs to evidence a substantial reduction in public spending on legal aid. Accordingly, to complain about the Bill as a whole – and cuts to legal aid spending in general – will, I believe, be pointless. Rather, we need to voice specific objections to those specific parts of the Bill that, as practitioners and/or civil libertarians, we consider to be totally unacceptable. The Law Society through its Sound off for Justice campaign is fighting the legal aid cuts proposal. Regardless of whether we are lawyers that are directly involved with the civil or criminal legal aid system or not, as legal practitioners we should all support that campaign.

Philip Jordan is the President of Leeds Law Society and a Partner at Ward Hadaway Solicitors

6 Leeds & Yorkshire Lawyer | Issue 110

T he stunning Queens Ballroom at the city’s landmark Queens Hotel welcomed 300 guests for this

year’s Leeds Annual Legal Dinner.On Thursday 8 March President Philip

Jordan welcomed dignitaries including the Lord-Lieutenant of West Yorkshire, Dr Ingrid Roscoe; Nick Fluck, the Deputy Vice President of the Law Society of England & Wales; and His Honour Judge Collier QC, the Recorder of Leeds to the prestigious event.

Following a drinks reception in the Ark Royal Room, which was accompanied by music from the Kendal String Quartet, a four-course meal was enjoyed by all.

Jonathan Jones, Partner at Squire Sanders, was the recipient of the inaugural President’s Award – sponsored by Anakin Seal – for his “outstanding

contribution to the Leeds legal Profession in 2011”.

Jordan explained: “It is fitting that he is the first as he sets a standard that we should all aim for in his tireless efforts

for charitable causes despite, one might easily say, an enormous workload as probably the busiest and most respected private equity lawyer in Yorkshire.”

Evening of pride and celebrationThe Leeds Annual Legal Dinner celebrated all that is good about this region’s legal profession

“Thank you to everyone at the Leeds Law Society for the highly enjoyable dinner. The company was very friendly and entertaining. The meal was excellent too. Your speaker was very entertaining and informative about life on the ‘inside’.”Nick Dell, President of Bristol Law Society

NeWS: Society

Leeds Law Society Board Directors (from left to right): Deborah Green, Stuart Turnock, David Barraclough, Rosemary Edwards, Philip Jordan, David Cowgill, Ian Spafford, Matthew Tighe, Heidi Sandy, Jonathan Watmough, Philip Goldberg and Marcus Armstrong

Philip Jordan (President) with Lord-Lieutenant of West Yorkshire, Dr Ingrid Roscoe

Philip Jordan (centre) and Tom Crampton (right)of Anakin Seal present the President’s Award to winner Jonathan Jones (left)


NeWS: Society

Save the dateLeeds Law Society Annual Golf Tournament Monday 28 May 2012 | Ganton Golf Club

Members only – places limited.Teeing-off in pairs from 8.30am for the Booth Cup and in fours from 2pm for the two Middlebrook Cups To register email [email protected]

or phone 0113 245 4997

“The company at the top table was great and the evening flew past”Robbie Glen, speaker

“A most enjoyable evening all round”HH Judge Andrew Keyser QC

“What a great night. Thanks to all of you”Idris Mir, President Bradford Law Society

The dinner was kindly sponsored by:

Heslop & Platt

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divorce or separation4. Dealing with probate formalities in France5. Providing French estate planning and drawing up French wills6. Advising on disputes with French contractors or neighbours7. Assistance with debt recovery and securing a charge over

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And there’s more…• We only deal with French legal matters so we won’t

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delighted you told them about us!• We will attend meetings at your office at your request• We present regular seminars for professional referrers and

potential clientsFor more information please contact Barbara Heslop

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Specialist Accountants for the Legal Profession The Legal Sector is undergoing an unprecedented period of change with the Legal Services Act, Legal Aid Reform, Regulatory Reform, Personal Injury Reform and difficult trading conditions.

There are many other ways we can help improve your business, contact us to arrange a free initial meeting:

Armstrong Watson has a specialist team focusing exclusively on the legal profession that understands the issues and provides proactive advice including:

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NeWS: Headlines

Yorkshire lawyers lead the way in family arbitration

Two of Yorkshire’s leading family lawyers have joined the first wave of legal experts to qualify for a new arbitration scheme that is set to revolutionise family law in England.

The family law arbitration scheme covers financial and property disputes including divorce settlements, financial provision for children, property and inheritance issues. Under the scheme, arbitrators decide on a range of financial family law issues with legally binding outcomes or ‘awards’, offering a radical alternative to the court system.

Peter Jones, partner and founder of Jones Myers LLP, and Marilyn

Stowe, of Stowe Family Law, are two of the first Yorkshire lawyers to take on the role of ‘informal judge’ for divorcing couples who want a clean break and wish to avoid the trauma associated with going to court.

According to Jones (pictured top): “The process is clean, relatively swift and ideal for resolving financial settlements. Because it eradicates prolonged court battles it can be less stressful and more cost effective.”

Stowe (bottom) believes the scheme will revolutionise the settlement of financial family law disputes in England, adding: “Arbitration is swift, fair, flexible and strictly private. It is potentially significantly cheaper, and need not follow the more lengthy process adopted by the courts dealing with similar matters.”

Mexican wave for Leeds

Leeds Legal welcomed a delegation of Mexican lawyers to the city on 15 March.

The lawyers were part of a multi-sector business and academic mission taking part in the UK's Mexico Week – a project aimed at promoting trade and investment between Mexico and the UK. Leeds was the only city to be visited outside of the capital.

Leeds Legal hosted a welcome briefing at DLA Piper in Leeds which was followed by a law fair style networking event where delegates learned more about the Leeds legal market and about sourcing legal services from UK lawyers. Participating Leeds law firms were: DLA Piper, Squire Sanders, Pinsent Masons, DWF, Clarion, Lupton Fawcett, The Needle Partnership, Virtuoso Legal and Shulmans. The delegates also visited the Law School at Leeds Metropolitan University, where they were given a talk about how lawyers in the UK are trained.

The visit came about as a result of relationships with Pro Mexico and with Yves Hayaux, Head of the Mexican Chamber of Commerce in London. Leeds Legal is the only city-based legal sector marketing campaign in the country and was instrumental in securing the visit to Leeds, along with UKTI and Marketing Leeds.

“This was a high-calibre delegation with whom we identified many synergies and opportunities,” explained Rosemary Edwards, director of Leeds Legal.

“We’ve made excellent progress in communicating the messages about the world-class legal advice our city’s firms provide and the benefits of Leeds as the largest legal centre outside of London.”

Lexcel mark for QS MewiesA Skipton firm has been awarded the Law Society’s top management accreditation Lexcel. QualitySolicitors Mewies joins just 130 other practices across the whole of the north east to gain the quality mark which is awarded, following a rigorous assessment process, only to those firms that meet the highest standards in client care and business management. Earlier this year the firm also obtained the Law Society’s mark of excellence for the home-buying process.

Senior Partner John Mewies said, “Whilst we are proud to have secured Lexcel, it will be our clients and staff who benefit the most. They can be assured that the way the practice is managed has their interests at heart and runs efficiently.”

John Wotton, President of the Law Society of England and Wales, added, “Lexcel acts as a beacon of quality to clients and potential clients alike.”

Assessor role for specialistJohn McQuater, head of litigation and partner at Doncaster law firm Atherton Godfrey, has been appointed by the Law Society as a Personal Injury Assessor.

McQuater (pictured), who was named Claimant Personal Injury Lawyer of the Year at the 2011 Personal Injury Awards, is described in Chambers UK as maintaining “an excellent

reputation in both clinical negligence and personal injury matters.”He provides professional training on a range of subjects

including procedure, practice management, occupiers’ liability and clinical negligence. An accomplished author who has appeared on both television and radio, McQuater will now use his expertise to help ensure that those accredited by the Law Society meet the necessary standard.

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NeWS: Business development

Hole in one as Eales joins the team at Blacks

Blacks Solicitors has appointed former European Tour professional golfer Paul Eales as the latest sports consultant to the niche sports practice.

Eales follows a number of other high-profile sports personnel who have joined the firm in recent years, including Yorkshire wicketkeeper Gerard Brophy, Bradford Bulls international Matt Diskin, ex-International footballers Robbie Savage,

John Hendrie and Brian Deane, together with former Head of Nike and ex-Scottish International Jim Pearson.

Managing partner Chris Allen is delighted that Eales has agreed to be part of the team:

“He will provide real industry knowledge to our professional and other golf clients, and supplement and support the expertise and industry knowledge we already have within our sports team,” he said.

Leaitherland reappointed DWF managing partner

DWF has confirmed that Andrew Leaitherland (pictured) will continue as managing partner for a further three-year term, after being reappointed unopposed.

Since his appointment in 2006, DWF has sustained double-digit, year-on-year growth in revenue and net

profit. The firm’s headcount has increased from 560 to over 1500 in the last five years and new offices have opened in Leeds, Birmingham, Newcastle and London.

Leaitherland commented: “DWF is one of the fastest growing firms in the UK and I look forward to leading the firm in the coming years, ensuring that we stay true to our values. We will also continue to recruit and retain the best people, allowing us to exceed our clients’ expectations.”

DWF chairman Alan Benzie added: “Andrew has been the prominent force behind the consistent and highly successful growth. His re-appointment was uncontested, recognising the partnership’s belief that with his continuing leadership the firm will achieve its strategic ambitions.”

Dickinson Dees sets sights on growth

Dickinson Dees is embarking on a period of expansion after opening the doors of its new office in Leeds.

The firm moved into No 1 Whitehall Riverside over Easter and is now seeking

lawyers from across the UK to join the growing practice, in addition to the 50-strong team it brought from York.

Senior partner John Marshall explained why a move to Leeds was necessary for the firm that already has offices in Newcastle, London and the Tees Valley: “By moving to one of the top five financial cities in the country, we are positioning ourselves for further expansion of our business.

“If we are to meet our ambitious plans to grow our business, it is important for us to seize the opportunities presented in Leeds and across the region. Our move gives us the opportunity to grow by providing the very best service for our clients.

“To continue to provide the best possible service we must have the best lawyers,” he continued. “Our current recruitment drive has resulted in significant interest and we will be making a number of key appointments soon.”

Merger creates biggest debt recovery law firm

Drydens Lawyers and Fairfax Solicitors, based in Bradford and Leeds respectively, have joined forces to create the UK’s largest debt recovery law firm – drydensfairfax solicitors – with a combined workforce of around 300.

Both were part of national law firms before separating to become specialist practices representing large financial institutions and key Government departments.

Drydens executive chairman Philip Holden (pictured, right) will head up the new entity as CEO, while Peter Wordsworth (left) from Fairfax becomes director of client management and business development for all clients.

According to Holden, this really is a merger in every sense of the word: “Drydens is particularly strong on secured recoveries and Fairfax is focused on unsecured and Government work. The new operation combines an excellent debt collection business with an exceptional debt litigation practice.”

The merger makes perfect sense to Wordsworth, at a time when clients are looking to integrate their recoveries operations. “I am very excited about the holistic solution we are now able to offer,” he said.

The new firm will initially operate from its existing sites in Leeds and Bradford, with plans to relocate all staff to the award-winning Drydens offices in Bradford later this year.

Pharos expands team and moves premises

Following a period of rapid growth, the employment and business law specialist Pharos Legal has moved into new premises on Kirkstall Road in Leeds and taken on its first members of staff shortly after celebrating its first anniversary.

Solicitor Emma Hammond, who qualified with Walker Morris in 1998, advises on the full spectrum of employment law issues, while Practice Manager Adele Dickinson, the newest member of the team, brings many years of experience of working within a law firm environment.

Pharos’ founder, Natalie Saunders, says: “The last year has been incredible and I am very proud of what we have achieved. We’re going from strength to strength and with Emma and Adele now on board, we’re looking forward to growing the business even further.”

NeWS: Business development

I’m a partner in a high street firm. How can I make ABS work for me?

There are many ways in which firms can take advantage of the terms within the Legal Services Act 2007, some of which I am working with high street firms to achieve. However, in most cases, direct private equity investment into general high street practices is not on the immediate horizon. One possible way to diversify investment is to transfer part-ownership of a practice to the partners’ spouses – which could reduce the practice’s tax bill.

In order to transfer ownership to spouses, firms will first need to apply to become an ABS and we are helping firms through the process. The first stage is fairly simple. The second is more complicated, potentially including the provision of forecasts and business plans; however, the tax calculations prepared illustrate that the savings to be made do make undertaking the process worthwhile.

I’m a partner approaching retirement. How can my firm plan for the required capital payment?

In general, cashflow is a major concern for firms in the current economic climate. Concerns are magnified when partners’ capital account balances are increasing and there are a number of potential retirements on the horizon. My work with firms to plan the funding of such payments revolves around reducing lock-up, identifying potential capital introductions from others and arranging specific finance for the payments, but also reviewing the trading structure of the practice.

Where part or all of the soon-to-retire partner’s ownership in the practice is transferred to a corporate entity, it is likely that tax savings can be achieved which can be part-used to fund capital payment. It is also possible for the partner to do the opposite of what many think logical – to under-draw in the years approaching retirement in order to have a capital distribution upon retirement at much lower tax rates. If the reduced drawings and tax savings are set aside in the period up to retirement, then funds should be available to go towards the capital payment on retirement.

In response to calls for advice, particularly with so many changes currently underway within the legal sector, Andy Poole, the Legal Sector Director at Armstrong Watson, answers your strategic and financial questions in the first of his monthly columns.

Fixed-price first for family law matters

The Leeds office of Mills & Reeve has launched the UK’s first fixed-price package for its services, designed to help families that are feeling the economic squeeze to access advice.

The move comes in the wake of a recent publication from the Legal Ombudsman stating that one in five of the complaints it receives are related to costs.

The package covers the full range of family law advice including financial court proceedings on divorce, mediation and financial settlements. It aims to keep costs to a minimum for clients and includes resolving disputes out of court and litigating only where necessary. Clients will be given a fixed price tailored to their individual circumstances, including where complex matters such as trusts or foreign assets are involved.

Partner Philip Way commented: “We are pleased to be the first to offer clients an alternative to the traditional fee structure. The new fixed-price service allows clients to maintain control over their important life decisions ensuring compromises are not made purely due to the challenging financial climate.”

To support the new fixed-price offering, Oxford University graduate Anna Heenan (pictured) has been appointed as solicitor within the family law team and will be heavily involved in the running of the new service.

Firm advice


In association with:

Andy acts for a number of firms across the UK, particularly focusing on advising lawyers in response to the current changes in the marketplace. To ask Andy a question that may be featured in this column, email the editor at [email protected]. To contact Andy directly, call 0113 221 1300 or email [email protected]


NeWS: Charity

Legal eagles soar above target with charity skydive

Two Leeds lawyers almost doubled their fund-raising target when they undertook a 15,000ft skydive. Helen Gott (left) and Stephanie Dunderdale of Clarion raised a sky-high figure of £1,650 for St Gemma’s Hospice in Leeds.

The jump, which they completed at a North Lincolnshire airfield, included a one-minute freefall during which they reached a heart-stopping speed of 120mph.

According to Dunderdale: “The skydive was terrifying, but it is the best thing Helen and I have ever

done… on the day of the jump the weather took a turn for the worse and we had to endure a nerve-racking six hour wait for the sky to clear.”

Irwin Mitchell raises over £8,000 for children’s charityThe Leeds office of Irwin Mitchell presented a donation of over £8,400 to the Leeds Children’s Charity during the firm’s annual New Year party in February.

The century-old charity helps children who suffer from poverty, neglect, abuse, learning difficulties or illness, or who are themselves young carers, to meet friends and have a holiday. Every year it takes over 400 children between the ages of seven and 11 to its holiday centre in Silverdale, on the border of Lancashire and Cumbria.

Irwin Mitchell has worked closely with the trustees at the charity to provide clothes, shoes, books, toiletries, washing powder and even Easter eggs to be used and consumed by many hundreds of disadvantaged children.

Verlie McCann, Chairwoman at the Leeds Children’s Charity, said: “The money Irwin Mitchell has raised will make a huge difference to a significant number of disadvantaged children in the area.

“The staff at Irwin Mitchell have willingly and enthusiastically participated in many fundraising events throughout the year – and we have enjoyed their friendship and fun while working together for a common cause.”

Solicitors use hearts to raise pounds for charity

Langleys Solicitors raised over £400 as part of the British Heart Foundation’s National Heart Month in February.

The firm took part in the charity’s Red for Heart day, where members of the Langleys team paid £1 to wear red clothing. A homemade cake sale was also held.

Sally Cottam, partner and head of CSR at Langleys, said: “The

British Heart Foundation is a great charity and it was fantastic to see so many members of the Langleys team supporting the Red for Heart day.”

On a fast track for charity

A pair of Doncaster solicitors lined up in the starting grid of a world-famous Formula 1 circuit when they took part in the Adidas Half Marathon at Silverstone. Gillian Ward (left) and Lisa Hickin, both personal injury solicitors at Atherton Godfrey, took to the track to help raise funds for the Child Brain Injury Trust.

The 13-mile event, staged by the same team that brings the London Marathon to life each year, regularly attracts thousands of entrants.

Speaking before the race, Ward talked of her excitement at being involved: “We know that every penny will go towards helping children and their families deal with the devastating effect of brain injury.”

The pair joined a team put together by the father of William Stones, a little boy who suffered a brain injury in 2010, as a thank you for the support the Trust has given to his family.


No change to fees structureFees structures for solicitors will not change next year, according to an announcement from the Solicitors Regulation Authority (SRA) Board. The Board agreed to maintain the current structure for practising fees, including the proportion of Compensation Fund contributions, at a meeting held at the end of February.

Mike Jeacock, SRA Chief Operating Officer, commented: “This is the second year running the Board has decided against changing the fees structure. This will allow firms to plan for next year’s budget.”

The setting of fees by the SRA is based on eight principles, which include being fair to payers, being stable, and taking account of ability to pay. They should also be based on data that can be verified, and as simple as possible so that the profession can easily calculate contributions.

A fundamental review of the fees structure is planned for next year and the findings will be brought back to the Board in due course.

This year’s fees can be worked out using the SRA’s online calculator, which can be accessed at: www.sra.org.uk/fee-calculator/.

Delay to COLP and COFA nomination deadline

The Solicitors Regulation Authority (SRA) has been forced to extend the deadline to nominate compliance officers for legal practice (COLPs) and compliance officers for finance and administration (COFAs).

Firms in England and Wales had been expected to put forward names by the end of March, but well-documented

problems with the SRA's online system for renewing practising certificates meant a knock-on delay.

The new deadline has not been announced but the SRA says it remains confident of approving all nominations by the original 31 October date.

The nomination extension has been granted “in order to give firms more time to finalise their nominations and to allow for further checks on the application process”and the SRA says an on-line nomination form is expected to go live “in the next six weeks”.

Executive director Richard Collins (pictured) said: “We regret we have been unable to provide the online form as early as anticipated, but it is important that rigorous testing takes place before it enters the live environment.

“In addition we recognise that, for many firms, the annual renewal process has run later than originally planned. We hope firms will be able to use this extra time to ensure they have identified the best nominees for the roles.”

NeWS: Regulation

Many readers will be familiar with the notion that major changes can happen when a combination of circumstances suddenly reaches a critical mass or a tipping point. I wonder if, in the context of the Solicitors Regulation Authority (SRA) and Legal Services Board (LSB), we are that far away from such an event.

Readers of this column will recall that two years ago the SRA was required by the LSB to impose Outcomes-focused Regulation (OFR) upon the profession and license ABS from 6 October (a date apparently dictated by the LSB without rhyme or reason). All of this overlaid the massive everyday requirement of policing existing regulation and pursuing two unavoidable management imperatives: reworking creaking IT structures and consolidating three premises into one. It is worth reminding ourselves of these (perhaps distant) aspects of regulatory life because the consequences affect everyone.

The recent and high-profile delay (caused by IT reform) to the previously easy renewal of practising certificates is evident to every firm, large or small. Meanwhile complaints are increasing at the sloth of progress in the ABS licensing process, initially delayed through Government default. The SRA has had to concede delay in the requirement on Legal Disciplinary Practices to make up their minds whether to become an ABS or not. It now concedes delay as necessary in the requirement on all firms to appoint compliance officers for legal practice (COLPs) and for finance and administration (COFAs), which are a vital part of OFR.

There must be real cause for concern at the slippage within the SRA against a very tight business plan. Within a timeframe which is difficult to gauge, the SRA is going to succeed mightily or be judged not fit for purpose. That will be the tipping point.

I hold an unequivocal view that it is in the public interest and that of the profession that the SRA should succeed, and the Law Society as Approved Regulator must do all that it can to assist, because failure will bring another tipping point into view.

The LSB should now be winding down to a rump oversight organisation with the purpose of ensuring that the separation of regulation from representation has been achieved.

In regulatory circles there is much talk of establishing one regulator for all those providing legal services. Is it too fanciful to imagine the failure of the SRA prompting the LSB to try and use its powers under the Legal Services Act to become the regulator? The proximity of the LSB to Government makes this a tipping point to be avoided at all costs.

Bob Heslett is the Law Society Council Member for Leeds and is a Past President of the National Law Society. His monthly column explains the latest goings-on at Chancery Lane.

In associationwith

Quality Briefs0113 245 9763

www.no6.co.uk

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Tipping point to be avoided


NeWS: Social

Giving students a head startDixon Law has launched an initiative to give Leeds law students the opportunity of work experience in a leading Legal 500 niche property firm.

In conjunction with Leeds University, the firm has set up a work experience scheme where five students will get vital work experience in the commercial and residential property sector.

Colin Dixon, who heads the Leeds firm, commented: “We all recognise how difficult it is for students to get a training contract in this economic climate and Dixon Law has tried to assist some students by setting up this scheme.

“We were inundated with applications and have chosen a selection of bright young students who will join us over the forthcoming year.”

Work and playA host of career-enhancing events and social mixers have been enjoyed by the junior lawyers of Leeds in recent weeks.

LJLD, the Junior Lawyers Division of the Law Society, successfully hosted its

bi-annual student forum at BPP College, Leeds, on Saturday 17 March. Representatives from LJLD attended this event and delivered CV clinics. Feedback was extremely positive as delegates were delighted to see that members of the local legal community were willing to give up their time to offer practical advice.

LJLD was also proud to host a joint speed networking event with Christine Smith from the C&I Group. The event was a major success with around 40 in-house junior lawyers attending from a range of local companies.

It hasn't all been work, work, work as the Florit Brooke Social took place on 15 March 2012 at Bar Room Bar. The event (pictured) was well attended by junior lawyers from a range of firms and was sponsored by Alex Brennan and Florit Brooke.

Looking to the summer and, come rain or shine, LJLD is hosting a range of sporting competitions and you are welcome to get involved. The annual five-a-side football tournament is now scheduled for the afternoon of Sunday 15 April. In recent years LJLD has also competed in a softball league so, with the season fast approaching, interest is welcomed from any members who would like to be involved. Meanwhile, for budding golfers there is a virtual golf tournament planned for May at the wonderful Golf Bar. Please email either [email protected] or [email protected] to register your interest.

Finally look out for further details in Leeds & Yorkshire Lawyer or email [email protected] for the latest on the infamous summer party.

Shulmans invests in peopleShulmans has launched an NVQ scheme that will see nearly 20 per cent of employees across the firm get involved in a staff development programme.

Nineteen people from Shulmans’ business support and volume remortgage and conveyancing teams have signed up to the customer service, business administration or leadership and management apprenticeships which will ultimately result in a nationally recognised NVQ level two or three qualification.

Shulmans is running the scheme in association with Working Links which is a national organisation that provides in-work employee training and development.

“The implementation of the scheme signals the firm’s commitment to employee development and we are thrilled by how many have signed up,” explained the firm's new HR manager Neil Towse.

Leeds Junior Lawyers Division (LJLD) arranges educational, social, charitable and networking events for junior lawyers in the Leeds area. Each month the committee brings you the latest news in this column

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NeWS: Appointments


Harrowells

Ruth Griffiths (pictured, left) and Annie Noble (right) have completed their professional training at Harrowells. Griffiths practises within the

company and commercial team; Noble is part of the employment law team. Jonathan Moore (centre) has re-joined the firm as a commercial property partner with specialist expertise in joint venture arrangements and private finance structures.

DWF

DWF has boosted its high-profile Private Client team when Steven Appleton joined as an Associate in the Leeds office. Appleton advises on all aspects of private client law from wills

and probate to tax planning and Court of Protection matters, and specialises in legal matters for older people, including care funding and Lasting Powers of Attorney.

AWB Charlesworth

The appointment of Sara Mounsey at AWB Charlesworth strengthens its property team. Mounsey, who has 10 years experience in property law, will be based in the firm’s Skipton office. Her

expertise covers a broad range of residential and commercial property matters including freehold and leasehold transactions and property management work.

QualitySolicitors Mewies

Litigtion Specialist Naomi Duxbury-Tetley has joined QualitySolicitorsMewies as associate solicitor. She joins from McManus Seddon Runhams in Bradford and specialises in all areas of litigation,

from commercial and civil litigation to personal injury, employment and landlord and tenant issues.

Applebys Solicitors

Applebys solicitors of Bradford and Huddersfield has appointed assistant solicitor Emma Semwayo

to their accident at work team. Semwayo specialises in public and employers liability, including accidents in the workplace and cases resulting from slips and trips in public.

Dickinson Dees

Dickinson Dees has promoted Emma Moody to Head of Charities. Moody has worked exclusively in charity law for 10 years and advises on all aspects of charity law including mergers, incorporations,

restructurings, governance and constitutional issues as well as trustee duties and responsibilities.

Taylor&Emmet

Taylor&Emmet has expanded its support team with the appointment of the firm’s first compliance and risk manager. Gurchan Jandu will oversee issues in response to current changes in the industry,

ensuring the firm meets its regulatory and legal requirements and complies with internal and external standards. She will also become the firm’s compliance officer for legal practice (COLP).

Bhayani Bracewell

Kieron Holmshaw is the latest lawyer to join the dispute resolution team at Bhayani Bracewell. Previously a legal advisor at Irwin Mitchell, he has advised on complex civil disputes, contractual and

neighbour disputes, and landlord and tenant issues.

Stewarts Law

Litigation firm Stewarts Law has expanded its antitrust litigation department in London with the appointment of partner Scott Campbell. A specialist

in competition litigation, Campbell has extensive experience in a wide range of complex multi-jurisdictional disputes arising out of infringements of EU and UK competition law.

Williamsons Solicitors

Emma Dann, a new criminal lawyer at Williamsons Solicitors, is fulfilling a lifelong dream of working in defence advocacy. Dann joins as an assistant solicitor following a spell as duty solicitor at

Hull Magistrates’ Court. “I enjoy the cut and thrust of being in court and find it one of the most interesting, rewarding and realistic professions to be in,” she said.

Pryers Solicitors

Tim Gorman has joined Pryers Solicitors as partner. Having founded a highly successful law firm in the north east, Gorman is a fantastic addition to

the firm. Pryers has grown substantially over the last couple of years and plans further expansion into medical law, product law and personal injury work.

Last Cawthra Feather

Last Cawthra Feather has promoted two new partners: commercial property lawyer Deborah

Finan has expertise in commercial landlord and tenant matters; Ragan Montgomery, who recently qualified as a mediator, specialises in commercial dispute resolution. LCF has also appointed Julie Evans as an associate in the commercial property team. Pictured: Managing partner Simon Stell with Finan (left) and Ragan Montgomery (right).

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NeWS: Chambers

Lee's star continues to rise

Family law practitioner Taryn Lee has been appointed Queens Counsel on the recommendation of the Lord Chancellor.

Lee (pictured), who is Joint Head of 37 Park Square Chambers, is one of only two Silks to have been appointed on the north-eastern circuit

and one of only a few of this year’s appointments coming from the family bar. She has particular expertise in child abuse cases involving all aspects of sexual, emotional and physical abuse and is regularly instructed in family cases where there are jurisdictional and international elements to proceedings.

Following news of the appointment, Leigh Royall, Senior Clerk at 37 Park Square, said: “This appointment is testament to Taryn’s skill, experience and dedication to family law over many years as well as recognition of the standing of our family team nationally”.

Axon takes the helm at Parklane Plowden

Personal injury and clinical negligence specialist Andrew Axon (pictured) has been elected the new Head of Chambers at Parklane Plowden.

In a series of staff moves, the Chambers has also welcomed back Gemma Meredith-Davies to the family team, where she will continue to practise in family law with a particular emphasis in matrimonial finance.Two new members

have also joined Chambers: personal injury barrister Stuart Jamieson, formerly of Zenith Chambers, and employment specialist Adrian Maitra who was previously in-house barrister at Baines Wilson.

Axon said he was looking forward to the challenges this role will bring over the next three years. “Chambers enjoys a strong position in the market and my thanks go to Stuart Brown QC for his leadership of both Parklane Plowden and of the north-east circuit,” he explained.

Leeds barrister advises in American fraud caseA local barrister is tackling judicial systems on both sides of the Atlantic after being instructed in a joint UK–US investigation into the alleged bribery of surgeons by pharmaceutical giant Johnson & Johnson.

Nick Johnson, a criminal barrister at Exchange Chambers in Leeds, is sole counsel for one of the company’s former UK executives. Johnson & Johnson has already paid approximately US$80 million in fines in both countries and inquiries are now turning to individual executives, with one man having faced imprisonment in the UK already. Similar investigations into at least a dozen other major drug and device manufacturers are ongoing.

Commenting on the case, Johnson said: “My solicitor and I work here and in the US, in tandem with Manhattan-based lawyers, which is a fascinating challenge.”

Alliance for Chancery House

Chancery House Chambers has formed an alliance with Birmingham’s St Philips Barristers.

The alliance, believed to be the first of its type in the UK, boasts four silks – John Randall QC, Avtar

Khangure QC, Lance Ashworth QC and Mohammed Zaman QC – as well as 36 barristers, and is the largest Chancery/Commercial set outside London.

The geographical combination of both sets means the alliance can offer its services to a wider national clientele in its specialist areas including, but not limited to, Alternative Dispute Resolution (ADR), Administrative and Public, Banking and Asset Finance, Company, Construction, Employment, Insolvency (including director’s disqualification), Property and Wills, Trusts and Probate.

“This alliance is a meeting of minds and it was a simple decision for both of us to make,” explained Senior Clerk Colin Hedley. “Both are well run, business-focused chambers so there is a real synergy and what it enables Chancery House to do is offer clients a more all-round service. There will be a major pool of expertise for solicitors to call upon right on their doorstep so they will no longer have to go down to London. We’ll have the right barristers in the right place.”

Turn to page 29 where the alliance and what it means practically to Chancery House is explained in this month's Chambers profile.

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COMMeNt

Fully cookedPatrick Walker on breathtaking bills, Barnsley breakfasts and titanium

D o you know the lane between Summerbridge and Brimham Rocks? It touches 25% at points

and I had little breath left for breathing let alone for answering questions.

“How much did that bike cost?” was the opening salvo from one of three youngsters straddling their mountain bikes at the brow of the hill. I didn’t answer. I couldn’t answer!

“500 quid?” came the second shot.My mouth opened, but nothing came

out, mostly because it was too busy taking air in.

“A thousand quid?!”“Yesss,” I managed. Not, you will

understand, that I was bragging, rather it was a shameful admission for a Yorkshireman enjoying his first ride out on a titanium frame costing that much. Pedals not included is bad enough, but no wheels...?

There were several moments of silence (if you ignore the slight creak from my shoes and the steady wheezing) and then came the final and triumphant pronouncement: “Bet it’s crap off-road!”

There was no arguing with that because partly it was true, and partly because the pronouncer and his mates had spun round their bikes and disappeared over the horizon.

The incident reminded me of an inner quest to work out which goods or services, or real property for that matter, are too expensive. One obvious answer is “if you cant afford it...” But I am lucky enough to be able to afford many things that, although desirable, just cost too much. I hope to visit New Zealand and,

at 6 foot 4, extra legroom doesn’t seem that much of a luxury, but if I spend £14k on an upgrade (assuming I can’t get away with leaving my companion in cattle class) will I enjoy it or spend half the holiday thinking about how else I could have used the money?!

How much are we prepared to spend on a good bottle of wine? At what point does the price add a slight aftertaste to the most delicious vintage? Does food taste better before or after the 7.30pm ‘earlybird’ watershed? And do we get more pleasure out of an expensive treat paid for out of our own hard-earned cash, or the same luxury paid for by somebody else?

In one week of mediations I ordered full English breakfasts in Barnsley, London and Sheffield. Barnsley’s offering was tasty, ample and at £4.20 seemed very reasonable. I suppose I should have appreciated that Borough Market on London’s South Bank would

be too fashionable to retain value but a bill of £52 for two left me breathless once more. And no, that didn’t include any cereals, croissants or toast! Happily there is a balance to be found in most things and I found it near Sheffield’s Central Market with a freshly cooked feast and a bill for £1.70. Did the price make it taste even better? Probably, but I guess I would rather be programmed that way than to automatically associate higher price with more enjoyment.

But there are times when I am happy to pay more. First, on the rare occasions that the product uniquely fulfils my requirements; secondly, where the accompanying service is exceptional; and, thirdly, where the provider gives me confidence that in an emergency he will pull out all the stops. Well that more or less explains my mad titanium bike moment, but perhaps it also provides the only three points we need on our next marketing presentation!

Patrick Walker is the head of Property @ction, Squire Sander's specialist advisory and advocacy service, and is an independent mediator: www.imediate.co.uk


Untitled-2 1 26/03/2012 09:58


FOCUS ON: Legal update

Link in the chainWith mediation central to planned reform, Anthony Glaister examines the role it has to play in providing access to justice

I n October last year the Master of the Rolls addressed the Leeds Law Society in a talk entitled ‘Justice in a

time of economic crisis and in the age of the Internet’. It wasn’t about or even referring to mediation, but he stressed the need for justice in this high-tech age to “provide a secure framework within which legal rights and obligations are clear, apply to all equally, and that it must also enhance access to justice for all.” This article looks at the Government’s response to the consultation on reforming civil justice published in February and asks what role mediation has to play in helping provide access to justice.

Supporting roleWe don’t have many human billboards any more but those of a certain age can imagine a bloke standing outside the Royal Courts of Justice with a placard reading: ‘Litigation is bad and mediation is good!’ or ‘Mediate don’t litigate!’. Anyone might think that the Government’s zeal to reform the county courts is waving the same banner, whereas I think a considered view is that it supports and encourages using mediation so long as it doesn’t undermine our commitment to equal access to justice in the courts.

So let’s get it straight: mediation is an adjunct to justice not a substitute for it, and forcing people to use mediation might offend that premise, although I for one think it's tosh when some refer to potentially offending Article 6 of the Human Rights Act. Most mediators

agree with judges, the Law Society and now with the Government – that you shouldn’t force people to mediate without very good reasons to do so.

So what do the suggested reforms offer outside the extensive costs reforms? The main pointers are:

• No obligation to adhere to mandatory pre-action directions, at least not before measuring how the existing ones work out. There was concern here about potentially obliging parties to enter mediation twice – pre- and post-issue.

• The small claims limit is increased to £10,000 with the Government posting its intention to consider reviewing it upwards soon. The fast-track limit remains at £25,000.

• Small claims under £5,000 initially will be automatically referred to mediation, which they say isn’t mandatory mediation but, rather, having to engage with a mediator.

• There will be no mandatory mediation awareness sessions in higher-value cases provided there is sufficient information available as to the options.

So does this help access to justice? I have long been a supporter of the pre-action protocols and I would simply suggest that sometimes it is a pity that the options haven’t been adequately canvassed either to the client or the other side, and that round the table negotiations or mediation were not attempted earlier with proper adherence to the relevant pre-action protocol. For example, I mediated a mature building claim of £8,500 in November 2011 and the combined costs were £72,000. Years ago I mediated a personal injury claim which settled in one hour as this was the first time insurers had met the claimant – eight weeks before trial. The first clamant couldn’t access justice anyway because of the costs, and the second left the mediation with a cheque for £190,000.

On the cardsIncreasing small claims to £10,000 has been on the cards for a long while as the costs-to-benefits ratio simply did not make any sense at all. Inevitably this will lead to more parties acting in person in claims under £10,000. Do I think that

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I mediated a matter where a litigant in person was suing his solicitor in negligence. His father had given him

a house in St John’s Wood to save his shaky marriage and the solicitor was asked to put it in trust so that if the marriage failed the house could be kept out of the matrimonial estate.

Sure enough, the marriage failed and the house in the post-nuptial settlement was brought into the reckoning. This poor chap had to give his wife cash of £500,000 to keep his home. So he sued for that sum, plus £250,000 for pain and suffering and loss of amenity (PSLA).

The claimant came to the mediation alone, but the defence had five lawyers (trust lawyer and litigation partner at the defendant firm, two for the insurers and a trainee) plus a claims manager.

As the day developed, it became clear that the claimant was out of his depth and would come a cropper at the Royal Courts of Justice. He didn’t understand post-nuptial settlements or that he wouldn’t win any general damages. And if he continued, he would end up losing and with a huge costs order against him. But to withdraw at that late stage he would have to pay a huge amount in defence costs.

I saw the way forward was for the defence to explain the weaknesses in his case; I couldn’t do so, since a mediator can’t give advice. So I asked that two defence lawyers should explain the law to the claimant very gently. I would be there to blow the whistle if it got nasty.

He accepted the explanation. Thereafter it was merely a case of reaching a fair settlement. The defendant paid £30,000 as a nuisance payment, well within their excess, and the claims manager wrote off costs of £194,000. And that ended the matter.

The claimant wrote me a sincere letter of thanks, and everyone got on with their lives. A solution was reached which the court could never have imposed. This was far better than a trial and a huge costs order, which would either have cost the claimant dear or left insurers with a Pyrrhic victory.

FOCUS ON: Legal update

parties will be in any worse position by being obliged to engage with a mediator? I think on balance mostly not. The results of mediation mainly reflect the merits of each case although there will undoubtedly be some cases where parties feel they have been browbeaten into accepting less than their legal entitlement.

The court-based mediators handled around 10,000 small claims mediations last year, almost all of them by telephone. Monitoring by HMCS indicated a satisfaction rate with the service of over 90 per cent. In 2012 and beyond the number of small claims handled will multiply to around 50,000.

Future reviewsFor solicitors handling contested fast-track and multi-track claims, the Government’s response hints at future reviews in matters like working with the Law Society to change the client care guidance.

Giving clients a review of the available options as early as possible, to include for instance fast-track arbitration or conciliation, and reviewing it regularly, will enable everyone to maintain a current litigation risk assessment.

The end of conditional fee agreements may well enhance earlier settlements as solicitors commercial interests become more aligned with their clients. But no-one can argue that it must be good to talk, whether that be in joint settlement meetings or mediation. An early settlement is preferable to none at all or a settlement achieved when costs are enormous.

But please lets have no more of this ‘mediation is better than litigation’ or vice versa. On the other hand, don’t imagine that mediation in some way deprives people of access to justice when, by and large, it supports it while at the same time satisfying the client.

Chris Makin is a chartered

accountant with a vast range of experience, firstly as a general practitioner and then for well over 20 years as a forensic

accountant and expert witness. Previously National Head of Litigation Support at a national firm, he now practises mainly as a commercial mediator, with expert determinations and forensic assignments for good measure. For more information visit www.chrismakin.co.uk

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The right noteA tireless work ethic and some rather unique strings to his bow have set David Lister off on the path to career success

A t the end of a hard-working week we all

unwind in different ways. For some it’s a glass of wine in front of the television. For others it’s a meal out with friends. Sometimes it’s just an early night in the

hope of recharging the batteries.But for one Sheffield trainee who is

poised to qualify this month, downtime has a very different meaning. David Lister, part of the family team at Taylor Bracewell Solicitors, has a rather novel way of relaxing: he’s a waiter and entertainer at an Italian restaurant. For almost five years – and sometimes up to five times a week – he has served and sung to diners at E'Lupo's Ristorante Italiano in Rotherham. That sounds like hard work in addition to a full-time day job, but for Lister it provides the perfect way to unwind.

“It started off rather by chance as the entertainer booked on the night heard me singing along behind the bar and asked me to fill in while he had a break,” he explains. “I’d say my repertoire is standard wedding singer stuff and, while I don’t profess to be of X-Factor quality, the customers seem to enjoy it.

“And to be honest so do I. Working in family law, you’re dealing with sometimes serious issues affecting real people, so what’s the point in going home at the end of the day, switching on Coronation Street or Eastenders and seeing more of the same? At least in the restaurant when the doors close behind you it’s all about pasta, wine and remembering the lyrics. Plus I get a free meal at the end of the night so I don’t have to go shopping!”

Busy timetableLister’s working life might seem like a hectic one to those with a more

9 – 5 existence. However, it’s nothing new to the 24-year-old, who admits that overcoming challenges has been a common theme throughout his burgeoning career.

“Before starting my LPC I met with the course director who told me it would be almost impossible to work during the full-time course,” he remembers. “I focused on his use of the phrase ‘almost impossible’ and, being one for a challenge, decided I would prove him wrong.

“I had already worked throughout my A-levels at Topman and there was no way I was going to give it up. I knew some partners in law firms who said to me that today everyone’s got a law degree so to really stand out from the crowd you need more than just a piece of paper.

“A typical day at university would involve me working from 6am until 12pm, then I’d drive to Sheffield for lectures between 1 and 5pm, and spend two hours in the library before heading off to Rotherham and the restaurant.”

Throughout his degree he also found time to take on work experience and vacation schemes at law firms, while his time studying for the LPC also saw his part-time retail job morph more into a regional troubleshooter for struggling stores. The result, according to Lister, was a strong head for commercial issues and a future unique selling point.

“When I applied for this job it was a concern that I’d never really studied family law and I knew they had received around 90 applications,” he recalls. “Originally it was also advertised as a paralegal job. However, I went in honestly, knowing that only around five of my 120-strong LPC class had secured a contract, explained my goal and asked them to seriously consider me because I wasn’t just another law school graduate.

“Within my first week of work, I asked the partner why I had been chosen from the large number of applicants desperately

seeking a legal position. She told me honestly that although every applicant had a law degree and had completed the LPC, there were none who had the experience of running a business or working extensively with people.

“I’d hired and fired people, dealt with difficult customers, trained staff, worked with directors, and even been in the boardroom with Sir Philip Green talking business. I think they felt that standing in front of a judge arguing a point would not faze me.

“That grounding in business and commercial awareness will hopefully be the making of me as I look to carve out a career in family law.”

With qualification and admittance to the roll now just around the corner, Lister is living proof that hard work, determination and a willingness to think outside the box will all be key attributes of the solicitor of tomorrow.

FOCUS ON: My career & me

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FOCUS ON: Regional spotlight

Pioneering spiritSophie Dilley visits Hull and finds an innovative city at the forefront of an evolving legal services marketplace

T hink of Hull and the city’s bustling port, famous sports teams or landmark aquarium will probably

come to mind. The more well-informed may also be aware that Hull is the only city in the UK to have its own telephone system, sporting cream, not red, phoneboxes.

But scratch further beneath the surface and you will find a vibrant city with strong maritime connections. After suffering heavy damage during the Second World War, Kingston upon Hull weathered a period of post-industrial decline. In recent years, however, an extensive programme of regeneration and reconstruction has transformed the place.

A busy port and a major transport hub, the city’s economy today focuses on the chemical and healthcare sectors. A £200 million scheme to re-develop Ferensway has revitalised the city centre and the St Stephen’s shopping centre has been hailed as one of the best regeneration projects in the world. The development even has an award-winning multi-storey car park, and that is not something many cities can boast!

Dispelling mythsThe city’s lawyers are keen to dispel any negative images of Hull and a variety of initiatives continue to rectify this, such as Hull co-hosting the Yorkshire International Business Convention. Hull Law Society has an active membership and provides a recruitment service as well as regular training and social events for members that are very well attended.

Neil Hudgell is Managing Director of Neil Hudgell Solicitors, personal injury and clinical negligence specialists who have recently bought up fellow Hull firm MMS Solicitors as part of their ongoing expansion. Hudgell believes that Hull’s modestly-sized business community enables closer connections to the city’s lawyers, as members of the business community are well known to members of the legal community, and vice versa.

Meetings of the two regularly occur to discuss common issues and, he adds, “there is a more intimate and closer connection than exists in other cities.”

Chief concerns for Hull’s lawyers match those of legal professionals elsewhere in England and Wales according to Hudgell: “Many are concerned about the continuing difficulties arising from the economic downturn which has led to many business clients reducing or ending their legal spend. Others are concerned by the proposed reforms to Legal Aid. In my area, the Jackson reforms and introduction of alternative business structures both present challenges, although I do see the opportunities that both create.”

Hudgell admits that the rate of recovery seems to be slower in Hull than in other places, but is keen to assert that there has been no greater decline than in other cities and, on the whole, he is optimistic about a full recovery; however, Hull’s legal firms will need to take certain measures to future-proof themselves: “Law firms will have to be prudent with expenditure and keep overheads under control whilst looking to effect a policy for growth. A difficult balance, but one which should protect any law firm in Hull from any possible future downturn in the economy.”

“That said,” he continues, “I think consolidation is inevitable, banks are dictating law practice strategies more and more, and the weaker non-profitable firms will disappear.”

Niche perspectiveAt Myton Law, directors Scott Yates and John Habergham explain that Hull was the obvious choice when they founded their specialist shipping law firm in 2010 at the height of the recession: “a busy ports complex with promising prospects for future renewables business, Hull makes an excellent base.” Myton Law act for local shipping and logistics companies, but attract additional high-value, high-quality work from major national and international businesses. The

firm surpassed its business targets within the first year and, Yates and Habergham believe, they have been able to “power ahead” because their services are well-focused and they are lean.

“The tough times have heightened the need for cost-effective legal advice in the shipping industry. Our provincial business means that we can keep our fees very competitive compared with our mainly London-based competitors.”

As proof that these newcomers are weathering the financial crisis, in the last year they have doubled their office space and taken on two new recruits – graduates from the University of Hull’s maritime law programme – and they are upbeat about the prospects for new entrants to the profession: “[The new recruits] are part of an energetic and growing team with a good quality caseload and high-profile clients. The work is varied and there are prospects for international travel.” For more experienced lawyers, the sky’s the limit: “It is a matter of fact that in Hull good lawyers will get ownership of a law firm sooner than they would in Leeds or London.

“As part of our expansion plans we are open to bringing in an established practice that will complement our core practice areas. Perhaps someone working in London might well be tempted by a better work–life balance if they came to Hull and saw the quality of the schools and houses they could buy with their money.

“Neither of us can think of a better place to work and bring up a family.”

Neil Hudgell

Myton Law’s Scott Yates

(left) and John Habergham

St Philips Chambers (Birmingham), the Chambers of Kevin Hegarty QC and Chancery House Chambers (Leeds), the Chambers of Gregory Pipe, are pleased to announce that on March 6th they formed an Alliance to provide their clients with advisory and advocacy services of the highest quality in Chancery, Commercial and other specialist areas.

The geographical combination of both sets means the Alliance can offer its services to a

wider national clientele in its specialist areas including but not limited to ADR, Administrative

and Public, Banking and Asset Finance, Company, Construction, Employment, Insolvency

(including Director’s Disqualification), Property, Wills, Trusts and Probate.

Chancery House Chambers welcomes three new tenants namely:

Sarah Harrison (1989) also at St James Chambers Manchester

Sean Kelly (1990) also at St James Chambers Manchester

Anna Stubley (2010) from pupillage

“Chancery House Chambers would be interested in hearing from any established barristers

or groups of practitioners who would like to further their careers as part of this new alliance

in Leeds. Opportunities are available across the whole spectrum of privately funded work.

Applications or enquiries will be treated in strict confidence and should be directed to Colin Hedley,

Senior Clerk of Chancery House Chambers”

For further information in relation to the Alliance please contact:

An Alliance

“Allied by a commitment to provide excellence”

Chris Owen Chief Executive St Philips Chambers on t: 0121 246 2140e mail: [email protected]

Colin Hedley Senior Clerk Chancery House on t: 0113 244 6691 e mail: [email protected]

Untitled-1 1 26/03/2012 09:23


W henever two parties decide on a merger there is always the danger that one more

dominant partner may overwhelm the individuality and integrity of the other. That’s why at a time of great merger and acquisition activity across the entire legal services marketplace, news of a genuine alliance is of major note.

In early March, Chancery House of Leeds, a leading set of barristers specialising in all aspects of Commercial and Chancery law, formed a mould-breaking alliance with Birmingham’s St Philips Barristers.

The geographical combination of both sets means the alliance can offer its services to a wider national clientele in its specialist areas including, but not limited to, Alternative Dispute Resolution (ADR), Administrative and Public, Banking and Asset Finance, Company, Construction, Employment, Insolvency (including director’s disqualification), Property and Wills, Trusts and Probate.

Practically what it means for Chancery House is the availability of around 20 additional tenants to work on the north-eastern circuit, which Senior Clerk Colin Hedley is confident will be a major benefit to both existing and new clients.

“This alliance is a meeting of minds and it was a simple decision for both of us to make,” he says. “Both are well run, business-focused chambers so there is a real synergy and what it enables Chancery House to do is offer clients a more all-round service. There will be a major pool of expertise for solicitors to call upon right on their doorstep so they will no longer have to go down to London. We’ll have the right barristers in the right place.”

For St Philips the attraction is the ability to further add to its reputation for being a national set. The alliance provides a greater footprint on the north-eastern circuit. Chief Executive Chris Owen is similarly effusive about the link-up, adding:

“This alliance gives us a different focus and means we can cover the north east more comprehensively now that we have such a great base.”

InterestBoth Hedley and Owen are expecting interest from potential new members and a launch party at the Leeds Club in March revealed the level of interest in the alliance. Over 130 guests, including members of the judiciary, were in attendance at the event at which Gregory Pipe, Chancery House’s Head of Chambers, set out the reasoning.

“We both recognise the importance of being specialists in our chosen fields and of delivering the benefits of that specialism in the advice we provide and representation we offer,” he explained. “It is this mutual belief in the importance of genuine expertise that has been the driving force behind this alliance.

“This is an exciting development for the legal market in Yorkshire and the north east, providing a specialist service which, in terms of strength and depth,

has been missing until now.”The alliance, believed to be the first of

its type in the UK, boasts four silks – John Randall QC, Avtar Khangure QC, Lance Ashworth QC and Mohammed Zaman QC – as well as 36 barristers, and is the largest Chancery/Commercial set outside London.

“We’re keen to stress that this isn’t simply a numbers game,” adds Hedley. “It’s more quality over quantity as the addition of some genuine heavyweight practitioners to our ranks highlights the commitment to make this alliance work.

“It also sends out the message that if you are considering joining us, you are going to have to be at the top of your game.”

FOCUS ON: Chambers profile

Come togetherA mould-breaking alliance has further strengthened the hand of Chancery House Chambers

Coming soon Chancery House and St Philips plan to take the alliance on the road with a series of seminar sessions around Yorkshire and the north-eastern circuit. Visit www.chanceryhouse.co.uk for further details.

Pictured (left to right): Chancery House’s Senior Clerk Colin Hedley and Head of Chambers Gregory Pipe with St Philips’ John Randall QC and Chief Executive Chris Owen at the launch party in Leeds


T he floods of 2007 served as a stark reminder to the people of Yorkshire of the spectacular speed

at which flooding can damage properties and livelihoods. While many managed to escape the floods with only minimal damage, others faced potentially catastrophic costs to repair their homes and businesses.

Ultimately, the devastation did not cause excessive lasting damage because the majority of the cost of repairs was covered by insurers. Across the country, the Association of British Insurers (ABI) estimates, the floods of 2007 cost more than £3 billion. Last year, Gregg Mulholland, the MP for Leeds North West, stated that further flooding in the city could cost more than £500 million to rectify. As any surveyor will tell you, all the most expensive problems one can face as a property owner involve failing to keep water out.

Encouragingly, flooding is on the agenda in Yorkshire. Leeds City Council has reviewed its Strategic Flood Risk Assessment every 12 months since 2008. The council states more than 2000 homes and businesses are at “significant risk” of flooding – meaning they face a one in twenty chance of being flooded in any one year.

In February this year, Leeds City Council committed £500,000 to push forward developments of the flood defence scheme on the River Aire. But while local Government is aware of the risks posed by flooding, the current contribution pales in comparison with the £180 million projected cost of the flood

defence project – aiming to reduce flood risk in the city centre to one in 75 years – which was tabled in Parliament last year and has now been shelved.

Serious doubtThe failure to provide comprehensive flood defence is currently posing a very significant danger to property owners. In June 2013, the Government’s agreement with the ABI, which ensures flood insurance will be provided as a standard part of property insurance packages, will expire. There is currently no provision for the agreement to be extended, nor any certainty that the ABI would be prepared to do so. In fact, the agreement was made in the expectation that, by the time of expiry, public investment in flood defence would have been sufficient to make all properties in the UK insurable on the open market. The non-commissioning of expensive, but unquestionably necessary, projects like those proposed to protect Leeds city centre throws that expectation into serious doubt.

The problem is not limited to Yorkshire. Across the country, the Environment Agency has stated that, despite spending more than £300 million on flood defences last year, 43 per cent of flood defences are in fair, poor or very poor condition. While £300 million is, on the face of it, a large figure, it is woefully inadequate in comparison with the scale of the risk posed by flooding.

Risk management consultants RMS state that almost a quarter of the UK’s housing stock – valued at £214 billion – is at risk of flooding. Given that just 0.14 per cent of the value of the UK’s total flooding liability is being spent on mitigation, it is hard to see how current provision for flood defence is sufficient to convince insurers they can profitably protect the entire housing stock.

Although there’s still more than a year until the expiry of the agreement, property owners could face immediate problems when their insurance policies come up for renewal. Failure to obtain flood insurance could leave large numbers of property owners facing the risk not only that they will be forced to bear the cost if the worst happens, but also that they could be in breach of their mortgage agreements. This means effectively that mortgage lenders are being forced to become the insurers of last resort on high-risk properties.

For conveyancers, it is vital that clients are made aware of the risks they face. Even if they are able to obtain insurance for their properties today, renewals may soon become impossible. To ensure they are looking after their best interests, conveyancers must take care to assess the level of flood risk a buyer faces when purchasing a property.

Doing so is inexpensive. Flood searches offered by SearchFlow can be obtained for around £20 and offer a comprehensive analysis of a property’s propensity to flood and flooding history. Buyers who purchase unaware that they may soon face an uninsurable risk of flooding could face significant costs in the uncomfortably short term.

Richard Hintonis business development director at SearchFlow

Flood defenceRichard Hinton explains how, when it comes to flooding, conveyancers can look after the best interests of their client

FOCUS ON: Residential conveyancing


D avid Cameron recently invited the heads of a number of leading motor insurers to a summit at

Downing Street and told them that in return for the Jackson reforms the Government expected them to lower motor premiums. Many of you may wonder at the Government’s naivety. The heads of the motor insurance industry are running large corporations whose role is to maximise profit. They will naturally do so in any legitimate way possible, and it is useful to look at two examples of this: one wide-scale and well-known, and the other highly focused and perhaps less known.

Costs WarThe first example came after the Access to Justice Act came into force in 2000. At that time conditional fee agreements (CFAs) were novel and Parliament carefully regulated them with a number of safeguards enshrined in the Conditional Fee Regulations. Almost immediately there was a myriad of challenges on every conceivable aspect of CFAs and ATE policies, with many notable cases etched on our memories, many of them fought through a number of appeals.

Some cases raised major issues, others concerned (literally) a comma or a single word in a CFA, but all of them demonstrated a dogged determination by liability insurers to undermine Parliament’s broad legislative intent, and a willingness to spend large sums of money to intimidate claimant representatives over a number of years.

This may seem unfair rhetoric until one

remembers that this continued in the face of repeated judicial comment deprecating what came to be dubbed as the ‘Costs War’ and culminated in the Government reluctantly acknowledging that the only solution to the continued challenges was to entirely abolish the regulations.

RTA PortalThe second, more recent example concerns the recovery of ATE premiums for Road Traffic Accident Portal cases. When the new process was introduced, the Ministry of Justice consulted with all parties. It proposed that there should be changes with regard to ATE policies, but was persuaded not to proceed, and when it published its Response to Consultations [Case Track Limits and the Claims Process for Personal Injury Claims CP (R) 08/07] it decided not to make any changes in relation to ATE insurance.

So far so clear one might think. But not so. A number of defendant insurers took the view that the introduction of the Portal meant that Callery v Gray no longer applied. Their view, despite the consultation, was that Parliament intended that the cost of a fixed price policy (such as the £350 in Callery) could no longer be recovered and only the cost of a staged premium policy could. The central point of such a challenge is of course the need to show that staged premiums work out cheaper overall compared with fixed premiums, but such evidence is unlikely to exist and has

never been produced.Challenges nevertheless ensued. One

particular ATE provider (Box Legal) has issued 300 sets of detailed assessment proceedings in which the sole issue is the reasonableness of purchasing a fixed ATE policy premium rather than one with staged premiums. Of those 300 proceedings, 292 have settled prior to detailed assessment – many of them very close to the hearing – with the defendant always agreeing to pay the full fixed premium and all of the (often hefty) costs of the detailed assessment.

The eight challenges that were actually heard were all unsuccessful, with the full fixed premium being allowed and the defendant paying the costs. If the combined costs and disbursements of both sides has averaged around £1,000 (and this seems low) then a pretty penny has been spent. Certainly enough to pay for a few car insurance policies and this is for only one ATE provider.

A number of defendant insurers have now adopted evasive tactics. They are pursuing selected cases to an appeal but they have made it clear they will not disclose the name of those cases, and said they will calculatedly settle Box Legal premiums in full so that they cannot participate in the appeals.

Perhaps none of this causes much surprise to hardened claimant solicitors, but we can only wish David Cameron good luck on his next insurer summit.

Box Legal offers ATE insurance to law firms with the benefit of minimal administration, reporting and the assurance that policies can be cancelled at any time. For more information visit the website www.boxlegal.co.uk or call 0870 766 9997.

FOCUS ON: Legal expenses insurance

Ensuring fairnessWith after-the-event (ATE) insurance at the frontline of reform, Simon Pinner raises some important questions

Simon Pinneris a director of Box Legal Ltd, a specialist after-the-event (ATE) insurance broker

LEE005 Leeds & Yorks Lawyer w flying pizza outline.indd 1 09/02/2012 11:04


T his Easter at Eureka! (31 March – 15 April) sees an exploration of life above and below the ocean.

Beneath the sea, there will be plenty to see in the mermaid’s underwater home where you can transform yourself into a jellyfish, a shark or an octopus and discover oceans of amazing exotic creatures.

Above water there are pirates all about so watch out for Captain Hook and Captain Jack Sparrow who will be on the hunt for young recruits to see if they

have what it takes to be a sea dog.All events are free with standard

admission/annual pass and suitable for all the family so bring your sea legs and set sail for an Easter aquatic adventure.

Eureka! The National Children's Museum Discovery Road, Halifax HX1 2NET: 01422 330069 W: www.eureka.org.uk

B rasserie Blanc Leeds is tucked away on the canalside in a beautiful Victorian mill. The low

ceilings and candlelight provide a cosy, intimate atmosphere in the winter, while on a warm summer evening diners can relax outside with a glass of champagne and watch the narrowboats go by.

The simple, regional French food is of an exceptionally high quality and the menu is intriguingly tempting. I wasn’t brave enough to try the Burgundian snails and instead started with the smoked Lyburn cheese soufflé which was delicate and delicious. The Loch Fyne mussels that my fellow diner chose were plentiful enough to share, provided you mopped up the mouth-watering white wine and cream sauce with lots of crusty bread.

For the main course the roast rack of Cornish lamb was cooked faultlessly

and the beef stroganoff was tender and flavoursome. The winter fruit pavlova was the perfect end to our meal, not too heavy but still satisfyingly sweet.

This three-course meal for two with a bottle of Joseph Perrier Cuvée Royale, N.V Champagne cost a little over £100. There is a set ‘dine with wine’ menu, which is £18.40 per person for three (smaller portioned) courses with a glass of wine. This is available every day after 7pm, with an alternative, less expensive option at lunch.

Brasserie Blanc goes all out to accommodate everyone with a gluten-

and dairy-free menu available, as well as not one, but three children’s menus – with carrot puree for babies, a small set menu for kids up to the age of eight, and various half-price, half-sized portions for those who want to choose from the a la carte.

I loved everything about my first visit to Brasserie Blanc, and I'm sure to return many times over.

Brasserie BlancVictoria Mill, Sovereign StreetLeeds LS1 4BJT: 0113 220 6060W: www.brasserieblanc.com

Restaurant of the monthVive la France at Brasserie Blanc in the heart of Leeds

OUt & ABOUt: Places to go

Event of the monthAn Easter aquatic adventure at the National Children’s Museum

Out & About is edited by Helen Gibson.

To contact Helen call 01423 851150 or email [email protected]

Want to know more about us? 01274 433333 [email protected] www.bradfordcollege.ac.uk

*The NSS results are available at www.unistats.com

Student SatisfactionBradford School of Law has been rated the top Law School in Yorkshire and Manchester for student satisfaction in the 2011 National Student Satisfaction* survey.If satisfaction, support and success are important to you then you should consider studying with us. No matter which degree you choose, you will have the freedom to follow your passion and professional interest by studying a wide range of compulsory and optional subjects. Courses are available full and part-time, day or evening. Contact us for more details.

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Experience of the monthRelax and unwind at the sumptuous Health du Vin Spa at Harrogate's Hotel du Vin

A few minutes early for my appointment

on a frosty morning, I feel ever so grateful for the coffee while I wait in the plush lobby of the hotel. Down the stairs to the spa I am greeted by my cheerful therapist who promptly runs through a consultation. She asks questions regarding my skincare routine and I confess all my deepest concerns to her. I am also asked to do a sensory test with the products, choosing the ones I prefer based on smell.

Now that I am snug and warm under the blankets the therapist begins the facial, cleansing and exfoliating before applying a nourishing mask. I relax whilst she massages my head and scalp with a conditioning treatment and then applies toner and moisturiser. The spa uses the Espa range and I am thrilled when she is

finished to see a definite radiance, and even start to think that it may be time to change my own skincare products. The whole Espa range is available to purchase and, should I wish to do so, I am given a card which lists what was used in my treatment.

During my file and polish I find out a bit more about the spa which has been open at Hotel du Vin for four years now. Their customers are both loyal locals and visiting guests and the space that now holds indulgent treatment rooms was once a gym; I know which I would have more use for during a weekend away!

My therapist is well qualified, having worked in various local spas and on cruise ships and is chatty, confident and positively gushing concerning how much she loves her job. By the time she has manicured my nails they look perfect, no easy task given the blood red colour of the polish.

There are a handful of treatments tailored to men, and adjoining rooms are available for couples. Book in for top to

toe pampering and look out for any special packages that may be on offer. Round off your treat with lunch in the restaurant for the ultimate in pamper experience.

Health du Vin SpaHotel du Vin, Prospect Place, Harrogate HG1 1LBT: 01423 856 800W: www.hotelduvin.com

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YLA2012_HP_Small.indd 1 26/03/2012 14:54


OUt & ABOUt: Places to go

INteRVIeW: The last word


Make a differenceStuart Hanley, medical negligence expert at Neil Hudgell Solicitors wants to challenge the compensation culture myth… then go to the beach

Professional

What inspired you to take up this particular vocation?The film It’s a Wonderful Life – to have the chance to make a difference and stand up for the ordinary man against the ‘Potters’ of this world.

What has been your career highlight?Winning my first cerebral palsy claim and feeling that I (and many others in the team) had helped to make a real difference to my young client and her family.

What are your ambitions for the future?To continue making a difference and to stand up for ordinary people who find themselves in often extraordinary situations and need legal advice.

What will be the biggest challenge going forward?Ensuring clients receive 100 per cent of their compensation, and that the misinformation and myths about compensation culture are properly challenged so the priority is always the wellbeing of innocent victims of accidents.

What is the best piece of advice you have ever been given?God is in the detail.

Personal

How do you unwind after a hard day at the office?Building Lego with my sons or running while listening to 80s pop music.

Who would be your dream dinner party guests?My grandparents who are sadly no longer with us.

What one luxury item would you take to a desert island?A bucket and spade for sandcastles.

If you weren’t involved in law, what would be your dream profession?Scrum-half for Saints (St Helens RLFC).

What would be your ideal holiday?A long weekend in New York with my wife followed by somewhere sunny with a beach in France with my wife and boys.

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