The Official Journal of Leeds Law Society May 2013 Issue 120 · 2016-01-11 · The Official Journal of Leeds Law Society May 2013 | Issue 120 Focus 2013 is a make or break year for

May 2013 | Issue 120The Official Journal of Leeds Law Society

Focus2013 is a make or break year for conveyancing with many firms asking if it’s still worth the effort

NewsWalker Morris advises on the intriguing administration saga at Coventry City F.C.

SocietyPudsey Legal chases the hare and Squire Sanders helps Yorkshire Air Ambulance

LifestyleLove the outdoors? Then why not get in a convertible and enjoy some sun – while it lasts

CommentPatrick Walker spells out the many delights – and minor horrors – of being a pet owner

LeedsLaw Society

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Contents 03

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

EDITORIAL:Editor Marek Handzel0844 858 [email protected]

Founding Editor Ian McCombie Editorial AssistantSophie Dilley PRODUCTION:Head of DesignLucy Taylor

Junior DesignerJessica Horton

ADVERTISING:Project ManagerRosie Beattie 0844 858 [email protected]

Published by: Barker Brooks Communications, 9 Cardale Court, Cardale Park, Harrogate HG3 1RYTel: 0844 858 2890Fax: 0844 858 2891www.barkerbrooks.co.uk [email protected]

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to this publication are expressly reserved. No part of this 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.

SUbSCRIPTIONS: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 Jacques Clarkson at publishers Barker Brooks Communications on 0844 858 2890, or email [email protected]

The Official Journal of Leeds Law Society

LeedsLaw Society

May 2013 | Issue 120

THE COVER SHOwS:Pen-y-Ghent in Yorkshire Dales National Park

Leeds & Yorkshire Lawyer Magazine | Issue 120

Views From the President 05The SRA has really divided the legal profession with its compliance requirements

Society 06 Free COLP and COFA Seminars and details on the members annual golf tournament

NewsLead 09Walker Morris advises on the Coventry City administration saga

business development 10 Carrick Read to join forces with Wilkin Chapman, Taylor&Emmet secures a £1m HQ for energy experts EMSc

Community and cases 13 Crookes and District FC gets SSB sponsorship and DLA Piper helps Dyson Group scale down

Social & Charity 14Pudsey Legal chases the hare, and Squire Sanders helps Yorkshire Air Ambulance Community 17Leeds & Yorkshire Lawyer writer spills the beans on the legal history of Leeds

Appointments 18Blacks, Langleys, Addleshaw Goddard and Jones Myers all reveal some new faces

Events 19DWF gets to grips with fracking and Enterprise Chambers gets commercial

CommentOne man and his dog 21Patrick Walker spells out the delights of being a pet owner

Focus onA clouded picture 232013 is set to be a make-or-break year for many firms involved in conveyancing

Know your rights 27Brian Chrystal explains some forthcoming changes to overriding interests

Career & Me 29David Firth, a partner at Capsticks, has spearheaded the firm’s growth in Yorkshire

In a client’s best interests 33Stuart Rivers advises solicitors to read up on Capital Allowances, before it is too late?

LifestyleTaking the roof off 35Get in a convertible and enjoy the sun

Schooled for life 37Yorkshire’s private schools are a delight

Last wordThe world according to 38Dr. Ian Kirwan, Lester Morrill Solicitors

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President’s column

Rocky road ahead

E nforcement action has been commenced by the SRA against almost 650 law firms that have failed to complete their compliance officer nominations properly.

That’s the same SRA that advised only in January that over 1000 law firms had not appointed compliance officers.

‘Oh well,’ thought I, ‘the number has reduced’ whilst at the same time finding it incredulous that hundreds of licensed practitioners had deliberately refused to co-operate with the SRA’s requirement that nominations for officers of legal practice (COLP) and officers of finance and administration (COFA) must be received by 31 July 2012.

Six months past the deadline, I had no sympathy; action had to be taken against those who deliberately refused to co-operate. If such a cavalier attitude is taken towards COLP and COFA appointment then surely they must also have a cavalier attitude towards other matters too. Heaven forbid the client account.

It seems however that my rush to condemnation of the failings of others and a blind acceptance as to the truth of each and every statement from our regulator, are both sadly misplaced.

Legal blogs and letter columns have been red hot with missives from outraged lawyers who claim that the only reason that they are part of the group of over 1000 or almost 650 (dependent on time frame) is due to the incompetency of the SRA in progressing their nominations.

Indeed, it is alleged that the SRA is about to pursue enforcement action against firms that either do not exist or have ceased to trade, and perhaps even worse, against firms that nominated on time but have not yet met the information requirements demanded by the SRA. ‘Not appointed’ by definition excludes those who have appointed but have problems, or have appointed but are too late in the process.

A COLP must be an individual who is a lawyer; an employee or manager of a law firm; of sufficient seniority and in a position of sufficient responsibility; approved by the SRA for the role; has consented to be a COLP and is authorised to do one or more of the law firm’s reserved activities. A COFA must be an individual who is an employee or manager of the firm; must also have sufficient seniority and responsibility; be approved by the SRA and must have consented to take the role. A COFA does not need to be a lawyer.

There is no definition as to what ‘sufficiently senior’ or ‘responsible’ might mean. That subjective conundrum, together with the fact that the COLP must have clear reporting lines between the COLP and the firm to the extent of an almost independent status, and with the ever-worrying demands on time and the need to make profit, begs the question – who would ‘consent’?

The responsibilities placed on both COLP and COFA appointees are extensive and whilst compliance responsibility remains with the partners/managers/members of the firm, regulatory action may be taken against the COLP or COFA personally if they fail to meet their own responsibilities. An onerous and unappreciated role, for certain. In a smaller practice, the same person can be the COLP and the COFA. But it is in the smaller practice where financial and time pressures will be the most acute.

Regardless, we all have to appoint a COLP and a COFA. Why? Unsurprisingly, it all goes back to the SRA again. It implemented the new Outcomes Focussed Regulation (OFR) in October 2011 and consigned the previous solicitors’ code of conduct to history.

Since time began it seems, lawyers have always sought to comply with their professional duties and, in particular, their duties to their clients. Compliance has always been a by-word for professional and proper conduct, and with very few exceptions, lawyers have complied.

Many practitioners regard being regulated by those who are said to have no knowledge or even concept of what life is really like in a law firm, as an outrage.

There are others who believe the regime is yet another example of the SRA’s genius. It has managed to create an additional role for itself, and without the resources passed compliance roles to already overburdened law firms and individuals who are then simply regulated and disciplined by statistical models.

Others view the entire SRA with contempt and with some justification claim that if the profession were to provide the same standard of service to its clients that the SRA provides to the profession, disciplinary proceedings and/or bankruptcy would surely ensue.

Whatever your view, the COLP and COFA regime has begun its life in a hostile environment.

The road ahead for the SRA/solicitor relationship does not look a smooth one.

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

05LeedsLaw Society


Issue 120 | Leeds & Yorkshire Lawyer Magazine

06 NewsSociety

This members-only event at Ganton Golf Club will start with coffee and bacon sandwiches on arrival, followed by a full day of golf which includes a buffet lunch. A fabulous day at a European Top 30 Championship course will then be rounded off with a formal dinner and prize presentations in the evening. The cost is £135 per ticket.

Members Annual Golf Tournament FREE seminars for COLPs and COFAs

A fun and informal opportunity to network with business and professional people from across Leeds and a chance to raise money for the charity of your choice.

A buffet lunch will be provided on arrival, followed by 100 clay targets from 10 sporting stands. Tea and cakes will be served after the shoot, and trophy presentations will be made. The overall winner will receive a cheque for £250, payable to a charity of their choice.

All abilities are welcome – shooting instructors will be on hand to provide guns, coaching and safety management.

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Charity clay pigeon shootAon and the Leeds Law Society are inviting Compliance Officers for Legal Practice (COLPs) and Compliance Officers for Finance and Administration (COFAs) to attend one of its free COLP and COFA Seminars. Running from April to July and held at a venue near you, the seminars will provide practical support in managing the complexities of both roles in a law firm.

Tim Prior LLB IRM Fellow, Director of PNCR Legal and a non-practising solicitor, will present and share his extensive experience in this area.

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Cost: £30 + VAT for members of LLS and associated organisations, £35 + VAT for non-members.

In association with: ACCA (The Association of Chartered Certified Accountants), IOD (The Institute of Directors), JCI (Junior Chamber International) Leeds Estate Agents, Surveyors and Valuers Association, West Yorkshire Society of Chartered Accountants, The Society of Trust and Estate Practitioners.

Business and professional networking lunches

LLS Jobs

Safe-Move continues partnership with Leeds Law Society Safe-Move is looking forward to continuing its partnership with Leeds Law Society in the coming year.

Part of Yorkshire Water, Safe-Move provides a whole host of national conveyancing searches and has been working with the Society for a year now. Safe-Move believes that Leeds Law Society’s prestigious publications and events keep the company informed and are a great way to stay in touch with current customers and meet potential new ones.

Safe-Move stands out in the conveyancing world because of its strong focus on customer service. It also delivers a bespoke service to clients and has highly trained advisors on hand to answer any queries. The company also delivers free CPD courses which explain the details included in CON29DW Drainage and Water reports as well as the risks associated with not carrying one out.

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Football insolvency specialists from the Walker Morris Sports Group have been advising the company that rents the Ricoh Arena to Coventry City Football Club in an intriguing battle over the club’s future.

In early March, Arena Coventry Limited (ACL) applied to the High Court to grant an administration order against Coventry City following a dispute over unpaid rent amounting to close to £1.4 million. A hearing was due on 22 March, but on the night before it, administrator David Rubin & Partners LLP was appointed by Sisu, the hedge fund that owns the club. The club posted a press release on its website that evening which stated that “a non-operating subsidiary of the Club has today been placed into administration”.

As a result of this eleventh hour move, Walker Morris asked the court for some time to look into the assertion that the actual club was not in administration. Following investigations carried out by the firm, ACL dropped its pursuit of an order before Easter.

James Powell, a consultant in the Walker Morris Sports Group, told Leeds & Yorkshire Lawyer that the club’s statement contradicted the due diligence the firm had carried out.

“We wrote to all the relevant parties, including the Football League and the Football Association,” he said, “and they both came back confirming that the club’s ‘golden shares’ sit with them.”

This, Powell says, confirms that the actual club is the company now in administration, not the club’s trading arm, Coventry City Football Club (Holdings) Ltd – as the club’s owners appear to have claimed.

“We now have an administrator appointed by the club, and connected to it, with the directors of the club denying that the club is in administration,”he said.

Coventry City will now be able play its final three home games at the Ricoh Arena, but the administrator is going to come under “severe pressure quickly” according to Powell if it continues to state that the club is not in administration.

He confirmed that ACL would keep a close eye on how matters proceeded.

“This was an unusual scenario where a creditor had taken an action to try and save the football club because the football club has got themselves into a ‘catastrophic insolvency’ – the words used by the barrister in the case.

“If the status quo had remained then it could have gone into liquidation and the football club would have disappeared,” he said.

Powell explained that the application has been originally made by ACL to provide some stability for the football club and “hopefully find a prospective purchaser that might be interested in buying the business and moving the club forward.

“Ricoh looked to protect themselves and all creditors, down to the lady that provided flowers on match day and, of course, to protect the football club.

“It is going to be an intriguing and complex administration,” he added.

Nicholas Carter, the chairman of Arena Coventry Limited, said that taking legal action in the first place was “highly unfortunate” but that the alternative would have been catastrophic not only for Coventry City but for the area and surrounding community.

“We are, of course, well aware that under the current Football League regulations, CCFC will face a points deduction (but) the Board believes this is better than leaving CCFC facing a much larger deduction at the start of next season,” he said.

Walker Morris advises on administration order for Coventry City

09NewsLead

Society praised for event on changing legal landscape

The Leeds Law Society has received strong positive feedback for a seminar it hosted on 8 February at the Leeds Club.

Presented in association with Armstrong Watson and RBS, the event focussed on the changing legal landscape a year on from the implementation of the Legal Services Act and the opening up of the market to non-lawyers.

The seminar was well received with many delegates staying behind to discuss the issues with speakers individually.

The three speakers were Andy Poole, Legal Sector Director at Armstrong Watson; Michael Napier CBE; and Jon Busby, Director at Epoq Legal.

Andy Poole reviewed new entrants to the legal market; responses to the various reforms by existing practices; and the new alliances.

Michael Napier discussed the background to the changes and focused particularly on how practices are run, and the evolution of partnerships to businesses.

Jon Busby spoke on the use of technology and referred to the household name brands entering the market that are using Epoq software and how existing law firms could benefit in the same way.

Ian Appleby, professional practices director at RBS, closed the seminar, hosting a panel Q&A session for the three speakers.


Taylor&Emmet secures £1m HQ for energy experts

Commercial property specialists from Taylor&Emmet have helped a leading South Yorkshire engineering company acquire new headquarters and expand its operations.

The Sheffield-based firm managed the million-pound purchase of new premises in the city for energy efficiency experts EMSc (UK) Ltd. The 23,620 square feet facility will not only act as a head office, but will also be used for research and development, manufacturing and testing.

Taylor&Emmet’s Rachel Houghton (pictured), who spent a year working on the negotiations, said that it had been a pleasure to help a growing local firm increase its operational capacity so significantly. “As EMSc (UK) Ltd’s new headquarters required additional development work, the purchase negotiations were complicated,”she said. “Happily, we reached a successful outcome for all involved and the firm is now settling into its new Sheffield home.”

EMSc’s financial director, Katia Barber, added: “Taylor&Emmet brought to the table an excellent balance of professional expertise, local knowledge and accessibility, making it the perfect partner.”

The official opening of the head office was conducted by the Lord Mayor of Sheffield, Councillor John Campbell and Sheffield Hallam MP and Deputy Prime Minister Nick Clegg.

Beverley-based solicitors Cooper Wilkin Chapman and Hull-based law firm Carrick Read Solicitors have announced that the two firms will merge on 1 July 2013.

Cooper Wilkin Chapman, which is part of Wilkin Chapman LLP, is already the largest law firm in the East Yorkshire and Lincolnshire area. The merger further consolidates that position, taking the firm to 41 partners and 305 staff.

Wilkin Chapman has a strong and nationally recognised debt recovery and insolvency team, which works with a number of utility providers, local authorities and other national businesses. The firm’s debt recovery department was singled out for praise in the Legal 500 2012, with two partners – Chris Grocock and Matthew Dix – highlighted as being ‘experts in their field.’ Carrick Read’s insolvency practice will bring additional expertise and kudos in the insolvency field.

Mark Carlton, senior partner at Wilkin Chapman, welcomed the merger, saying: “This is excellent news for our firm as the insolvency specialization of Carrick Read will enhance the debt recovery work that we currently undertake. It will also add strength

to our Beverley office which already acts for a large number of businesses and individuals in the East Riding area.”

The partners and staff of Carrick Read will move to Cooper Wilkin Chapman’s current offices at The Hall, Beverley, providing an East Yorkshire base for the firm’s debt recovery and insolvency services. They will be joining colleagues with specialisations in family law and mediation, commercial property, wills, trusts and probate, agricultural law, personal injury, litigation and domestic property.

Chris Garwood of Carrick Read added: “We are very pleased to be joining forces with Wilkin Chapman and to become part of a larger law firm which will no doubt benefit our clients.”

Cooper Wilkin Chapman, now an established name in Beverley, was a result of a merger with Cooper and Wright Solicitors in 2005. Carrick Read Solicitors was established in 1993 and has achieved a national reputation in insolvency matters advising individuals, firms and companies. It is one of the few firms in the country which has an authorised insolvency practitioner as one of its partners.

Carrick Read to join forces with Wilkin Chapman

Howells Solicitors has been awarded the Investors in People accreditation.

Following a six-day assessment, the South Yorkshire Law Firm was awarded the widely recognised Investors in People Standard, a framework for best practice.

Claire Asquith, HR Manager at Howells, said that becoming an Investors in People organisation was a tremendous achievement that the firm was extremely proud of.

“We are committed to our people and we pride ourselves on placing our staff at the centre of our business. As a firm

we are dedicated to helping our staff fulfil their potential in order to reach our business goals and this accreditation is a great testament to that,” she said. “We will continue to use the Investors in People framework to assist us in working towards our objectives.”

Investors in People specialises in transforming business performance through the most valuable asset in a business, the people. It demonstrates a commitment to the development and success of staff and a desire to continually improve and grow.

Howells invests in People

10 NewsBusiness development


will Outcomes Focused Regulation (OFR) mean preparing business plans to prove that we are managing our business properly?OFR was introduced on 6 October 2011 and despite much publicity, not many law firms have made significant changes. According to Principle 8 of the SRA Handbook “you must run your business […] in accordance with sound financial and risk management principles”.

Outcome 7.4 of OFR contains the requirement to “maintain systems and controls for monitoring the financial stability of your firm”. Indicative Behaviours of meeting this outcome include: controlling budgets, expenditure and cashflow; identifying and monitoring financial, operational and business continuity risks.

All law firms should have this at the top of their priority list of action points. Prudent financial management is key to client service continuity based on a sustainable law firm that can deal with changes including The Legal Services Act; banning referral fees; reducing the scope of legal aid; the Jackson reforms; and reducing recoverable costs.

Have you prepared a detailed business plan covering all of these impacts on your business? Have you identified ways to reduce the length of time taken between performing work for clients and getting paid for it?

Firm advice

Andy Poole, the Legal Sector Director at Armstrong Watson, answers your strategic and financial questions every month.

In association with

Ward Hadaway has been involved in the second in a series of pioneering green power developments across the North of the country.

The firm has advised renewable energy company JFS & Associates on the latest in its programme of joint ventures with farmers to install anaerobic digestion (AD) plants to generate green energy.

The first of these pioneering developments was set up at a farm in Ponsonby in West Cumbria towards the end of last year.

An agreement has been reached to build an AD plant at Howla Hay Farm in Guisborough, North Yorkshire. JFS has formed a joint venture called JFS Howla Hay Biogas with the farmer, with funding secured through Iona Capital VCT, CO2 Sense and Blue Bell Global.

Howla Hay Farm will be responsible for operating the plant, including supplying all the feedstock from existing farm wastes, supplemented with energy crops.

The joint venture will generate renewable electricity from the AD process, with the electricity being used on the farm or sold to the National Grid. The plant will be capable of generating 250kWh of electricity – enough to power at least 250 family homes.

Matthew Flint, director at JFS & Associates, which is based in Stokesley, North Yorkshire, said that the venture was a win-win for both parties.

“The farmer gets to share in the proceeds of the electricity generated – opening up a new revenue stream – as well as getting the benefit of the by-products of the process, such as heat and Bio-Fertiliser to further improve the profitability of their existing business,” he said.

“We get a readily available source of feedstock for the AD plants,” he added,“and, by using our expertise and experience in the renewable energy sector, we can generate and sell electricity to feed back into the National Grid.”

The University of Law in York has been shortlisted in the LawWorks & Attorney General Student Awards.

The University’s ‘Yorkshire Tribunal Advocacy Project ‘(YTAP) has been shortlisted in the ‘Best New Student Pro Bono Activity’ category for an innovative project it runs to help people in Yorkshire who have been refused Employment and Support Allowance (ESA), the benefit paid to people who are too sick or disabled to work. The Department for Work & Pensions introduced ESA as a replacement for Incapacity Benefit in October 2008 as part of the The Welfare Reform Act 2007.

YTAP was launched in 2011 after welfare rights agencies, Citizens Advice, and the University realised that action was

needed to support the growing number of people refused ESA, following medical examinations. Citizens Advice recently revealed that the number of people it helps with problems related to ESA increased by 67 per cent in 2012 compared with the previous year.

Under the YTAP scheme student volunteers from The University of Law give free-of-charge support to people who are going to a tribunal to appeal against a decision not to award them ESA.

The scheme received its first referral in April 2012 and has handled 13 cases – in 12 of these the appeal was allowed.

Lindsay Ward, Pro Bono Co-ordinator at The University of Law in York, said that the tribunal process could have a detrimental effect on an applicant’s wellbeing.

“Many do not attend their hearing due to a physical inability or fear of what may be involved,” she said.

“The YTAP project has identified a growing client need and is addressing it with the simple aim – to harness the skills and dedication of talented student volunteers to support overburdened advice agencies and their clients.”

York University of Law shortlisted for pro bono award

Green power for Ward Hadaway

11NewsBusiness development


Andy acts exclusively for law firms across the UK, particularly focusing on advising lawyers in response to the current changes in the legal marketplace.To contact Andy directly, call 0113 221 1300 or email [email protected]

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DLA Piper has advised Sheffield-based Dyson Group plc on the sale of its builders merchant subsidiary, The Builders Centre Limited, as the business looks to focus on its core technical ceramics businesses and property interests.

The Builders Centre is to be bought by Frank Key Group, a large privately owned independent supplier of building and timber supplies in Nottinghamshire and Derbyshire. Both The Builders Centre and Frank Key are members of the National Buying Group and had a strong relationship prior to the acquisition.

The DLA Piper team was led by associate Anna Lewis who was supported by partner Catherine Simister and solicitor Richard Blackburn, all from the firm’s Sheffield Corporate team.

Corporate finance advice was provided to Dyson by PKF in Sheffield and Frank Key was advised by Nottingham law firm Fraser Brown.

DLA Piper has worked with PKF and Dyson on previous successful transactions for the group following the sale of Saffil, the industrial parts manufacturer, as part of other business restructuring moves in the past few years.

Sheffield team Crookes and District FC has won a major new sponsorship deal with Simpson Sissons & Brooke (SSB).

Currently at the top of the Meadowhall Premier League, the major new sponsorship deal has gone towards funding a brand new strip for the side.

“This is a great result for us,” said the side’s treasurer and chairman Andy Goodison.

“Every year is difficult financially for small teams like ours – it costs us at least £2,500 annually to keep on playing so it is a struggle to survive.

“But this sponsorship deal with SSB means we’ll not only have a new strip but we’ll also have some money towards our running costs, which really does make a difference.

“We’re top of the league at the moment and with the backing of SSB we’ll be able to concentrate on keeping that place to the end of the season.”

SSB Marketing Manager Mark Mattocks said the deal showed that even in difficult economic times the firm was committed to supporting charities and good causes – both locally and nationally.

“Knowing our sponsorship helps Crookes FC to continue as a prominent local side is important to us. It not only helps with our local awareness and to develop business but provides support and at least some future for such a worthy local club where it is very hard to find support of any kind at the moment,” he said. “The new kits look great and we wish them all every success for the rest of the season.”

Crookes and District FC riding high with SSB sponsorship

DLA Piper helps Dyson Group scale down

13NewsCommunity & cases

Since changes to the Legal Ombudsman (LeO)’s Scheme Rules came into force on 1 February, it has been possible for people to make complaints against a firm for being refused a service, provided they can demonstrate financial loss or unreasonable inconvenience.

Discrimination, through failure to make adjustments for those with disabilities, appears the most likely basis on which such a complaint would be successful.

Firms need to consider taking action to reflect this increased risk by:• identifying such ‘high risk’ prospective

clients by training staff to always specifically ask about any requirements relating to ‘protected characteristics’. Disability includes mental impairments, so cannot be presumed from physical appearance

• identification of ‘high risk’ prospective clients triggering immediate notification to the firm’s COLP (and possibly any in-house equality and diversity expert) who should be contactable during the initial interview

• any subsequent costs estimate or letter declining to act being subject to the COLP’s approval

• obtaining contact details where instructions are declined for a reason apparently permitted under the SRA Code of Conduct, so the firm can retrospectively rectify any errors made, for damage limitation purposes

• keeping a central record of instructions declined, to assist if a complaint is made to the LeO and to enable you to identify where business opportunities lie and where investments or a budget could be allocated, so business is not turned away in future

• auditing the firm’s premises, website, aids (e.g. a database of foreign language speakers and ‘signers’ within the firm) and equipment, to identify whether reasonable adjustments could be anticipated while amending systems and procedures to reflect any actions you decide to take.

Refusing services

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Beauty boost for charity

Atherton Godfrey has pledged to support Aurora, a charity dedicated to helping local people undergoing or recovering from cancer treatment, with a range of fundraising activities throughout 2013.

And to kickstart the fundraising a group of ladies from the law firm have sampled a range of treatments at the Aurora Wellbeing salon in Doncaster town centre.

Carol Campbell, a receptionist with Atherton Godfrey (pictured with therapist Nicole Hickling), said: “Everyone at the firm is very keen to support Aurora and we thought this was a nice way to get things started – supporting a charity and being pampered in such lovely surroundings.”

Peter Bradley, Aurora’s campaign manager, said that treatments were available to everyone – both male and female – in return for a donation.

“This contribution allows us to provide cancer-friendly treatments to local cancer patients free of charge,” he said. “The care Aurora provides is so important in helping to recover self-confidence, self-esteem and a general sense of wellbeing.

“We are looking forward to working with Atherton Godfrey throughout the year. Their efforts will help us to continue to provide the vital support services for our cancer patients,” he added.

The centres in Doncaster, Worksop and Mexborough cater for men and women and are staffed by fully qualified therapists and technicians offering the full range of treatments including manicures, massage, waxing, threading, facials, reiki, reflexology and stone therapy.

Squire Sanders’ Leeds office has chosen to raise funds for Yorkshire Air Ambulance (YAA) in 2013, helping the charity to continue providing a lifesaving service to some five million people across the region.

The independent charity provides a lifesaving rapid response emergency service to people across Yorkshire, being on average only 10 minutes’ flying time from the nearest hospital and 15 minutes from the most relevant treatment centre.

The charity has two air ambulances which operate from Leeds Bradford Airport and RAF Topcliffe and cover the whole of the region. YAA is completely dependent upon the generosity of the public and has to raise £7,200 per day in order to keep the ambulances in the air.

“So many lives are, and continue to be, touched by the fantastic work that the charity does,” said Lindsay Texel, a partner at Squire Sanders and head of the Leeds Charity Committee.

“My colleagues here in Leeds appreciate how important the YAA’s work is as they have a bird’s eye view of the LGI’s rooftop helipad from their office windows and often see the air ambulances ‘in action’ delivering seriously ill or injured patients for treatment.

“We have a wide range of activities planned over the coming months. Our colleagues, clients and friends always make a tremendous effort to support our charity activities and we are already well on our way to another successful year of fundraising.”

Nicky Massen, YAA Regional Fundraising Manager, added: “We are delighted to be working in partnership with Squire Sanders. The need for Yorkshire’s business community to support our charity has never been stronger as we rely heavily on companies to raise funds like this, through sponsorship or by joining our Business Supporters’ Network in order to keep this service operational.”

Squire Sanders helps Yorkshire Air Ambulance continue to save lives

14 NewsSocial & charity


Raworths is to once again be the title sponsor of the Harrogate International Festivals’ official celebration of literature.

The 2013 Harrogate International Festivals’ Raworths Literature and Lecture Series will take place 11 to 14 July at the St. George Hotel, Harrogate and will be supported by the law firm for the second year in a row.

Zoe Robinson, managing partner at Raworths (pictured with Richard and Judy, one of the headline acts for the series), said that the event promised to be even better and bigger this time around.

“Harrogate International Festivals has a longstanding reputation of nearly 50 years as a leading arts organisation,” she said. “We are committed to Harrogate and proud to be supporting the delivery of arts in the area and enhancing its national reputation as the Jewel of the North.”

Raworths became the inaugural sponsor of the bespoke literature festival in 2012 to celebrate the law firm’s 125th anniversary in Harrogate. The festival will focus on a wide range of fiction and will also examine works covering the Suffragettes and the Emancipation Act.

Sharon Canavar, CEO of Harrogate International Festivals, welcomed Raworths’ continued support, saying that it was a

modern, forward-thinking firm based on traditional values and expertise which encapsulated the growth of the literature weekend out of the organisation’s “ever-evolving festival programme”.

“We’ve doubled the economic impact on the town to £8.2m in two years,” she said. “We’re proud to deliver the renowned international music summer festival while pioneering new ground and

we’re committed to continuing that success approaching our 50th anniversary.

“As an arts charity, only two per cent of our income is from public money and so we are very welcoming of support from the business community. Harrogate continues to attract the biggest names in publishing which shows what exciting innovation is possible when the business community steps up for the arts,” she added.

Raworths turns another page

15NewsSocial & charity


Pudsey Legal’s first major fundraising initiative in 2013 for Pudsey Live at Home will be a cycling and running race – with a twist – and will take place on the weekend of 18 and 19 May.

Called the Hare & Hounds Challenge, it will involve Pudsey Legal director, Paul Kaye, running a 23-mile distance in a race against seven cyclists.

The course covers an area from Rodley to Skipton, which participants will race over twice, staying overnight in Skipton halfway through. As the ‘hare’, Kaye will be given a headstart on the cyclists as he attempts to beat them to the finishing line over the two days.

Founded in 1996, Pudsey Live at Home helps older people in the local area to remain independent in their own homes. It organises social activities and groups such as Tai Chi exercise classes, a walking club and computer group to help people keep both mind and body fit and active.

The Hare & Hounds have a Just Giving page at www.justgiving.com/Pudsey-Legal.

Pudsey Legal chase the hare

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The dark side of Leeds’s long history has been laid bare in a new book by Leeds & Yorkshire Lawyer writer Richard Smyth.

Bloody British History: Leeds explores the

cobwebbed corners of the city’s past. How many of the lawyers who occupy smart offices on Park Square know that less than a century ago the square was in uproar as the Leeds Dripping Riot – a deadly fracas sparked by the theft of 2lbs of congealed fat – came to a head? Who knows the story of the Yorkshire lawyer Robert Aske, who led the Pilgrimage of Grace against Henry VIII, and wound up hanging by his neck from a length of chain, or of the notorious John Hodgson: respectable lawyer’s clerk by day, grave-robber by night?

“These people are as much a part of the historical fabric of Yorkshire’s first city

as any literary celebrity or civic bigwig,” Smyth says. “Leeds’ unique character is made up of shadow as well as light.”

This is a city, after all, that has seen dark times indeed. Think of the summer of 1645, when the population was ravaged by bubonic plague, and grass grew in the deserted streets. Imagine what life in the city’s smog-choked slums must have been like in the 1830s, as cholera ran wild. War, too, has come to the region more than once: from the fearsome clash of Christians and Pagans at the Winwaed in 655 to the dreadful bloodshed of the Civil War to the chaos of Luftwaffe air-raids in 1941, this is a city as steeped in blood as any in England.

“It’s important to remember the bad as well as the good,” Smyth adds. “The wife-killer Joseph Myers as well as the merchant Harrison; the bodysnatcher Hodgson as well as the chemist Priestley. Unless we’re willing to confront the bleakest, blackest aspects of Leeds’ history, we surely have little chance of understanding how the great city we know today really came to be.”

Role of lawyers in Leeds’ dark history laid bare

Environmental protection in transactions

17NewsCommunity


Bloody British History: Leeds is published by The History Press

www.richard-smyth.co.uk/

Follow him on Twitter @RSmythFreelance

With thousands of contaminated sites and increased flooding in Yorkshire, most property and corporate lawyers will have experienced an environmental headache in a deal. It’s a topic that will probably never go away, writes Keith Davidson, director of ELM Law.

The revised Statutory Guidance on Contaminated Land makes it easier for local authorities to target sites. There is also less development activity so Local Authority Contaminated Land Officers are using the Part 2A contaminated land regime to secure clean up rather than relying on planning controls.

There are greater liability risks for sites subject to the Environmental Damage Regulations. These can include sites where operators are engaged in waste, chemicals and manufacturing activities.

A recent Defra report estimates that property damage from surface water and groundwater flooding will increase tenfold. Combined with uncertainty in the insurance industry regarding flood risk coverage, this leaves purchasers with additional concerns. Flooding can also mobilise contamination that can lead to offsite migration and civil claims.

In the face of increased environmental

liabilities, what is the best way to protect your client without incurring unnecessary additional cost or delay in your deals? 1. The first line of defence is a desktop report.

Combined environmental and flood risk searches for commercial and residential property can go a long way to closing these issues out and provide clients with peace of mind for relatively little cost. GroundSure for example, has pioneered the development of combined environmental and flood risk search reports. These reports resolve most of the issues and are ‘user-friendly’ for property lawyers.

2. If a desktop recommends ‘further action’, you should instruct the desktop provider to raise enquiries with the local authority contaminated land and planning officers. It is vital to know if the site is on the local authority Part 2A target list.

When buying or selling a contaminated site, consider environmental insurance in addition to an environmental indemnity. In the last three years the number of UK insurance companies offering environmental policies has increased from

4 to 16, bringing much lower premiums.In some transactions, there will still be a

concern over who takes the environmental liability risks. This is when you may want to contact an environmental lawyer.

Keith Davidson, Director at ELM Law advises property and corporate lawyers on environmental liability issues in transactions and industrial site closure. Keith can be contacted via email: [email protected]

For more information on products and services from PSG: email [email protected] Visit www.psgconnect.co.uk or call 01226 240 055

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18 NewsAppointments


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blacks Solicitors

Blacks Solicitors has recruited Kirsteen McFadzean as its first ever Business Development Manager. McFadzean, who has worked at Eversheds and

Addleshaw Goddard, will lead efforts to build the firm’s brand. “Blacks has enjoyed a lot of success in the past, and it is now time to let more people know about the range of legal services that we can offer,” she said.

Atherton Godfrey

Atherton Godfrey has welcomed two new solicitors to its family department, Charlotte Bradbury (pictured) and Sharon McKie. Bradbury has a particular specialism

in care proceedings and adoption matters. McKie specialises in divorce, finances and co-habitation work. Don Bird, partner and head of the family team, said: “Charlotte and Sharon will complement the work of the team and we look forward to a long working relationship.”

Eatons Solicitors

Eatons Solicitors has appointed David Butterfield (pictured) to head up its property department and Steven Gilbey to lead its civil litigation department. Butterfield was a

partner at Gordons Solicitors in Bradford, and Gilbey joins the firm from Atkinson Dacre Solicitors in Otley. Managing partner Graeme Brown said the firm had “gained the combined experience of high calibre lawyers who would drive the business forward.”

Langleys

Langleys’ family law unit has expanded with the appointment of Robert Gygax. With many years’ experience in private family law practice, specialising in cases

involving wealthy individuals, Gygax will be advising clients on all aspects of family law, most notably on separation and divorce and the resolution of financial matters. He will also work on child matters including those involving residence and contact disputes.

ward Hadaway

Ward Hadaway has further strengthened its family law team in Yorkshire with the recruitment of Theo Hoppen. He joins the firm’s Leeds office as an associate and has

particular experience on cases involving high value divorce settlements; including assisting in cases where clients have assets totalling multi-million pound sums and, in one case, where the client was worth over £1bn.

Squire Sanders

Squire Sanders has promoted Leeds-based corporate finance senior associate Paul Mann to partner. Mann completed his training at the firm in 2005. He works on all

aspects of general M&A transactional work with a focus on private equity transactions. His recent experience includes acting for many of the region’s best known corporates on transactions in the UK and overseas. His promotion will take effect on 1 May.

Addleshaw Goddard

Addleshaw Goddard is to promote eight of its lawyers to partner from 1 May, two of whom are based in Leeds. Rosanna Bryant (pictured) and Joe Wilkinson work

in the financial regulation and construction litigation departments respectively. Senior partner Monica Burch that the firm was keen to use its sector expertise to win market share.

Simpson Sissons & brooke

Simpson Sissons & Brooke is strengthening its customer service team with two new

appointments. Lorna Drewry and Amy Fowlston have taken up new posts as customer service executives. Drewry moves from a role in software management, while Fowlston has had previous experience with Irwin Mitchell and A4E.

Jones Myers

Martin Holdsworth has become a new partner at Jones Myers. A specialist in handling contentious trusts and estates, he has two decades of expertise in his field, joining from

Gordons where he headed the Contentious Trust & Estates team for five years. “The powerful reputation of Jones Myers on a regional, national and international level is second to none,” said Holdsworth.

Last week, during a training seminar about electronically stored information in litigation, a colleague of mine made reference to today’s English law being recognisable by Shakespeare.

I found myself wondering how it was possible that society had developed so much since the late 1500s, yet the laws which govern us remain largely unreformed.

My colleague was right, but my own take on the law – one where changes happen frequently and technology allows lawyers to undertake evermore unlikely tasks – seemed at odds with his statement:

Q: Can I review 1 million documents in a fortnight?

A: Yes, no problem!

Assisted review / predictive coding – whatever you choose to call it – can make the process of document review exponentially more efficient and predictable used in the correct circumstances but, when used inappropriately, it is an expensive white elephant. The list of ‘innovations’ that were supposed to be the next big thing but weren’t – is a long one. Keeping an idea relevant is equally as important as keeping it cutting edge. Do both and you are onto a winner.

Technology is only useful if it solves a problem. There is a tendency to think that because you are excited about the latest development in your industry everyone else will be too – they won’t. Embracing technology and applying the right solution, not just any solution, is the key to success. Whether or not law changes, those who serve it must find contemporary ways to work within it.

500 years in the making

The Leeds office of Mills & Reeve recently co-hosted a unique seminar for lawyers on how divorce laws differ from country to country with the International Academy of Matrimonial Lawyers (IAML) and professional development specialists BPP.

Entitled ‘The Europeanisation of family law’, the seminar was held on 14 March at BPP’s Leeds study centre on Whitehall Quay and featured some of Europe’s foremost family law specialists discussing the growth of the ‘international family’ and how differences in national laws can affect divorce settlements.

The event’s keynote speaker was High Court Judge The Honourable Mr Justice Mostyn, one of the UK’s foremost family law judges. Also speaking were family law experts Dr Alfred Kriegler of Austria, President of the European Chapter of the IAML, Rachael Kelsey from Scotland, Alberto Perez Cedillo of Spain and Isabelle

Rein-Lescastereyres from France. David Salter, joint national head of

family law at Mills & Reeve and immediate past-President of IAML, said: “We understand that a relationship breakdown can be difficult enough without being ill-prepared for the individual legal complexities of the country you’re in or that you or your spouse is connected to. As the international community grows, couples may not necessarily know that the legal process in countries differs, often significantly, and that this could affect their divorce settlement.

“That’s why it is crucial that their legal support is properly equipped to advise them. Lawyers must understand the differences between the countries in order to best inform their clients. This event was a shining example of lawyers coming together to share best practice and we hope it was valuable to all attendees.”

Mills & Reeve stages international divorce seminar

19NewsEvents


AmTrust Law, one of the market’s leading specialists in Legal Expenses Insurance is to be the headline sponsor of the Yorkshire Lawyer Awards once more.

The Awards, now in their 13th year, will be taking place at New Dock Hall in Leeds on 2 October and will once again be hosted by ITV’s Calendar presenter, Gaynor Barnes.

Regarded as the premier event on the Yorkshire legal calendar, last year’s awards, also sponsored by AmTrust Law, saw over 400 legal professionals from across the region come together to celebrate at the black tie ceremony.

Nominations for this year’s awards are now open. To make a nomination visit

www.yorkshirelawyerawards.co.uk. The deadline for entries is 8 July 2013.

The awards, organised by Barker Brooks Communications are also supported by New Park Court Chambers, Towry, PSG and Prime Risk Solutions.

To find out more about sponsorship opportunities, contact Rosie Beattie at Barker Brooks on 0844 858 2890 or email [email protected].

AmTrust to sponsor 2013 Yorkshire Lawyer Awards

If you are interested in attending the event, please contact Paul Bunce at Barker Brooks Communications on 0844 858 2890 or email [email protected]

Steven EnglandLitigation Support Consultant K2 Legal Support offer eDiscovery consultancywww.k2legalsupport.co.ukT: 0845 071 1039

The junior barristers at Enterprise Chambers are launching a series of nationwide seminars on 7 May at the Leeds Club.

Entitled ‘Aspects of Commercial Litigation’, the seminars are aimed at trainees and junior associates and will cover a wide range of topics.

The Leeds event will see recent additions to the chambers, Kelly Bond (2007) and Christopher Buckingham (2009), speaking on on Interim Remedies and Restitution/Unjust Enrichment

respectively. They will be joined by Duncan Heath who will speak on Remoteness in Contract.

“Enterprise is listed by Chambers & Partners (2012) as a Band 1 set in the field of Commercial Dispute Resolution for this Circuit, an accolade awarded to just two sets,” said Buckingham (pictured).

“As such, and as one of only a handful of specialist Commercial Chancery sets outside London, it has a fantastic commercial team and we are very much looking forward to meeting our counterparts in the commercial law firms here in Leeds.”

Enterprise Chambers gets Commercial

Walker Morris is marking World Intellectual Property Day on 26 April by running an event at its offices to promote the role of intellectual property (IP) in innovation and creativity.

IP solicitors and trade mark attorneys from Walker Morris will be available for free, no obligation, legal surgeries for anyone who wants to talk about their IP queries, while four case studies will be presented to attendees, providing first-hand insight into how IP affects industry.

The case studies will cover design protection, the commercialisation of ideas, brand protection and ‘soft’ IP rights in business.

Walker Morris celebrates World Intellectual Property Day

20 NewsEvents


The event, which attracts 1.5 hours CPD, starts at 17.30 and will be followed by a drinks reception.

Registration can be made by email ([email protected]) or telephone (0113 246 0391), with further details available from Enterprise clerk, Jo Caunt.

To book your place at the event, please contact Joanna Stead at [email protected] or on 0113 283 2500.

New Park Court Chambers Employment Team offers expert advice in all aspects of Employment Law.The Team provides regular e-alert updates on case law as well as a regular detailed seminar programme.

The Team can provide in-house seminars on specifi c areasof interest upon request.

New Park Court Chambers Employment Team

For more information please visit our website at www.newparkcourt.co.uk or contact the clerks on 0113 243 3277/0191 232 1980.

Chief Executive: Michael MeesonSenior Clerk: Moira Paxton

NPCC_HP_LYL120.indd 1 10/04/2013 15:26

CommentPatrick Walker

One Man and his Dog

w hen your children leave home it finally dawns on you that the worry is not diminished, but rather increased by the realisation that

you have no control, and often no knowledge – until it is too late. If you have no idea what I am talking about then relax and enjoy every moment of single independence or of loading the car with a variety of baby paraphernalia that you had never imagined and which challenges the load-carrying capacity of even the most spacious estate car. The rear seats may recline, but not if you are going to take the kids’ bikes and the buggy and…

Or maybe you are at the inbetween stage where you don’t want kids. The possibility has not been ruled out and ‘in time, probably’ – but for now a dog is enough. It is pretty cute and you buy it toys, a cot – sorry bed, and hope that any baby can be housetrained as quickly. You both walk it religiously but only one of you is getting thinner. As the baby bump grows you cease to laugh at the friend with the cavernous people carrier and wonder whether the dog, the buggy or the sterilising equipment will have to be left behind. Even as the dog squeals as you slam down the appropriately named tailgate, you have not yet contemplated taking two cars – one reserved for the dog, the surf boards and the mother-in-law.

But older readers will confirm that all of this and quite a few electronic bank transfers to a university city, pass in the blink of an eye. Quite suddenly the nest is empty and eerily quiet except for the occasional whirlwind visit, as noisy and welcome as the next tube train at rush hour, and gone as quickly.

It was in the aftermath of such an occasion, when I should have been enjoying the tranquility, the relative financial security and the freedom to do all those things I had put off for years, that I had a less-than-perfect plan. Actually less of a plan and more of a protracted impulse. A friend’s Labrador was in pup and both bitch and sire are steady and

well tempered. A couple of weeks ago (or was it months?) I picked up a small and very quiet mink soft puppy.

She has learnt to bark without difficulty. She listens to her name ‘Dusk’ with apparent interest but ultimately gives you that look – “Silly name. Try another and I might just do as you ask. There again I think I might have to bite the cat’s tail first.” Some things come more easily – poo mostly, but these are early days.

But why did I want to go through it all again? Perhaps I should ask the TV newsroom of male presenters who have opted for a second brood with a new partner. Maybe they are mostly pleasing their much younger wives but I was humouring nobody but myself. Perhaps I was the victim of product placement (just try saying ‘no’ once you have been given one to hold) but I am hoping, as the weather improves and the woods explode with bluebells and wild garlic, the puppy’s head and body will catch up with its ever-extending legs and it will respond obediently and happily to signals from hand or whistle. There again, not leaping up to take and shred the dishcloth would be a start!

Of one thing I am certain, when ‘a dog’s life’ was defined as ‘a life of miserable subserviency’, this dog was not listening!

Patrick walker is head of Property @ction, Squire Sander‘s specialist advisory and advocacy service. He is also an independent mediator: www.imediate.co.uk

21


Patrick walker finds a Labrador puppy in his empty nest… and an unwelcome present

Suddenly the nest is empty and eerily quiet except for

the occasional whirlwind visit

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A clouded picture 2013 is set to be a make-or-break year for many firms involved in conveyancing. Marek Handzel asks if the high volume work will still be worth it for some

w hen George Osborne bet the house on our struggling economy in March with his budget plans to stimulate the housing market,

it would have been reasonable to presume that conveyancers up and down the country were popping the champagne corks in celebration.

Under normal, pre-ABS and banking crisis, circumstances that would undoubtedly have been the case. But these are far from regular times.

“The conveyancing landscape is a confusing place in 2013,” says David Kempster, managing director at Decision Insight group, the company behind SearchFlow, a leading property search provider.

While his firm has seen a return to the highest number of transactions since just before the financial crash, law firms are still wondering if there is a future in providing conveyancing among other services.

“Margins are ever tighter, PI [professional indemnity] premiums and code of conduct requirements more onerous and competitive pressures to retain and grow work are ever present,” explains Kempster.

Panel debate Added to these commercial concerns are moves to manipulate representation. Stephen Murray, a director at Property Search Group, says that the biggest concern that the company’s customers currently have is over the introduction of market restriction. The removal of firms from lender-approved panels for dual representation work and the growth of panel management companies, who appear to be becoming more dominant in the current market, could cripple some firms.

“Whether these arrangements are ultimately in the best interest of the consumer is a common theme and it may take regulatory intervention to ensure the market functions correctly,” says Murray.

Kempster says that events north of the border are a portent of how things could play out in England and Wales.

“The recent decision by the Scottish Law Society on Separate Representation shows how relationships with lenders could be severely strained as sources for work if separate firms would need to be established either side of the transaction. The English Law Society was quick to say that this wouldn’t be implemented south of the border, but there may be further pressures down the track in respect of consumer choice and protection,” he warns.

The approach lenders take to panels and which licence a firm should hold in order to work with a mortgage provider has also led to some nervous discussions, although any potential clash between the Law Society’s Conveyancing Quality Scheme (CQS) and the Society for Licensed Conveyancers (SLC) has been exaggerated in Kempster’s eyes.

“It’s true that some lenders have said they have some sort of requirement around CQS in order to be on their panel, of the larger lenders it’s only really been Santander and HSBC that have required it on a large scale for continued panel membership,” he says.

“[And] the approach of the Society for Licensed Conveyancers, asking CLC firms to voluntarily sign up for their SLC assured scheme, is not something that lenders are pursuing en masse. The issue is therefore not so much about a clash of CQS and SLC, but rather a clash of one lender’s approach versus another.”

Until lenders have sat down and thrashed out their approach to who needs to be accredited by whom and how, however, then firms will remain wary of added bureaucracy.

“I do have a great deal of sympathy for lawyers, who must feel constantly under the microscope with increased regulatory and administrative burdens,” says Murray.

Our symphony of searches brings it all togetherNo one wants to be out of step or playing to a different tune. We lead the market by guiding conveyancers to make decisions through clear insight. With ever stricter compliance and risk reduction rules in place, it has never been more essential to keep the transaction harmonious. Our comprehensive suite of due diligence searches and risk management tools, backed by secure technology and impeccable service ensures your property transaction never misses a beat.

In Perfect Harmony

Quality for the consumer was certainly the key theme from practitioners, whilst lenders were

all about risk management and fraud prevention

25FeatureConveyancing


Emerging light Despite these concerns, Kempster maintains that the industry can remain an attractive one for well positioned firms.

“Conveyancers have to think about their strategic positioning,” he says.

Higher profile marketing both in regional and local markets would be a good start, he argues. He says that many conveyancers have strong brand reputations in their areas, but are not using this to their advantage.

“Few have properly leveraged [their brand] or sought a more proactive relationship with past or current clients, interrogated their databases or dusted off their contacts,” he says.

“While they cannot compete with the £millions behind a Quality Solicitors campaign, they must be alive to using the marketing tools available and employing professionals rather than relying on the practice manager.

“This isn’t just brochureware or the odd tweet, it’s a fully integrated programme that understands how the business is positioning its services to take advantage of the available market.”

Murray agrees with Kempster in the sense that those involved in conveyancing

will have to put on their tactical thinking hats. However, he says, a number of converging factors could make that job easier.

He recently attended a debate in Westminster on the future of the industry, where few were predicting the demise of the high street practice. In fact, there were some encouraging signs that opportunities could arise for them to exploit.

“The debate was generally optimistic,” he says. “ABS [models] are yet to have any real impact. Commoditisation of certain legal services, or aspects of those services, was considered a natural evolution brought about by improved IT infrastructure, resources and ready access to quality data.

“Quality for the consumer was certainly the key theme from practitioners, whilst lenders were all about risk management and fraud prevention. These themes – in my mind – are highly compatible and should go hand-in-hand.”

And Murray believes lawyers will be able to take advantage of those themes.

“I see many firms equipping themselves well for the future,” he says, “creating efficient and flexible methods of working that can adapt and adjust to whichever way the market evolves.”

Chance of chancel repairs?

There are some quirky property law changes coming in 2013 that lawyers need to be aware of, writes Stephen Hadfield, underwriting director at Guaranteed Conveyancing.

With effect from 13 October, ten years to the day after the Land Registration Act came into force, property buyers throughout England and Wales will be liable to pay for the repair of their parish church chancels only if they have notice of it before they buy. This means that the liability must be registered.

Even if a chancel repair liability is not registered by midnight on 12 October, the liability remains enforceable against the current owners of the land, until such time as they come to sell it. Only then, if the liability is still not registered, will a buyer, without notice, take free from it.

Under the Chancel Repairs Act 1932, the right to enforce chancel repair liability is given to Parochial Church Councils in England, and to the Representative Body of the Church in Wales. Each has charitable status, their members being in effect trustees of the charity. The right to enforce chancel repair liability is an asset, quite a valuable one, which they might be duty-bound to protect and preserve.

In the run-up to 13 October, conveyancers should be cautious. PCCs up and down the country are deliberating about whether they should now register their right to recover chancel payments. There’s a slight incentive; if they do so now, their application is free. As soon as a PCC registers a chancel repair liability, the cost of title insurance, if it’s available at all, will soar, more closely reflecting the additional risk that certainty brings to the insurer.

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27


Know your rights brian Chrystal, a consultant at Conveyancing Liability Solutions, explains some forthcoming changes to overriding interests

disregarded as a threat to property owners until the Aston Cantlow case began its progress through the courts. By 2003, when the House of Lords found in favour of the Church authorities, it was well established on the conveyancing landscape. The size of the award, which including legal fees topped £750,000, awoke even the sleepiest conveyancer and the complexity of assessing potential risk and the degree of financial exposure kept them awake (and clearly troubled their Lordships).

A big difference between manorial rights and chancel liability should be the presence of the Church as overall beneficiary of claims against lay rectors (owners of burdened properties), but that is not working in practice. The registration process is legally the liability of the Parochial Parish Councils (PCCs) as further explained in the Church of England’s Chancel Repair Q&As 2012.

It explains that financial liability for the many listed buildings in its estate is met substantially by local fund-raising and comments that “against that background, the Church cannot be expected to forego sources of funding to which it is entitled unless it receives adequate compensation”.

Lay rectors are therefore seen as legitimate targets but PCCs are to be the enforcers. The Q&As emphasise this by pointing out that PCC members act as trustees and can thus be have a fiduciary duty to safeguard all sources of income.

One source of claims has been softened, however, when English Heritage handed over responsibility for grants to places of worship to the Heritage Lottery Fund on 1 April. The Fund seems to plan to take a more accommodating view, not encouraging PCCs to pursue lay rectors where “it is evidently unreasonable for them to do so.”

Although it may be sensible that aged conveyancing animals such as these are put to sleep, the legislation has in fact allowed the rights to continue to be enforced until and unless first registration post 12 October has occurred.

As always, while any attempt at re-stating property law may give clarity at some point in the future, it creates short-term uncertainty. Lawyers and their clients cannot wait until all the conveyancing dinosaurs are dead: they have to continue to use all the resources of searching and insurance to allow them to act now with a sense of security, otherwise between initiating a transaction and the issue of the priority notice the property could still be blighted by one of these rights.

An overriding interest is one of the more exotic property law quirks that affect conveyancing transactions.

It is an interest in land that binds the registered owner of the land even though there is no record of that interest on the registered title. After 12 October this year, six of the rights classified as ‘overriding’ will lose a degree of their enforceability but not their actual enforceability.

The owners of the various interests may lose their rights entirely if they haven’t already taken steps to protect themselves. Although six kinds of rights are affected (franchises, manorial rights, Crown rents, non-statutory rights relating to embankments and sea or river walls, payments in lieu of tithes and chancel repair) all but two – chancel repair and manorial rights – are now of mainly historical interest.

Many lawyers are under the impression that after this change these rights are culled and so of no more relevance to their transactions.

Death for these rights, however, will not be sudden.Even after October they will still be enforceable

unless a registerable transfer for value, or first registration, occurs and no notice or caution has been accepted by that time. The only difference for the owner of the rights, until one of these events happens, will be that the Land Registry will start to charge a fee. But that may be a minor barrier to protecting their interest depending on its perceived value – and that if they don’t register their interest they will then be at risk of losing it in perpetuity.

Manorial rights attached to former copyhold land were preserved after general enfranchisement (by the Law of Property Act, 1922). They include certain sporting rights and, more important nowadays, the right to minerals. Attempts to claim sporting rights are rare, mainly because their value is likely to be deemed uneconomic to contest.

Minerals, however, may have great potential future value. The minerals themselves may have considerable economic value. The right itself may also have a ‘nuisance value’ so the possibility of a claim by a purported owner may deter purchasers with development in mind, and owners may be prompted to establish the extent of their holdings and register them if they consider that there is a possibility of the surface being sold for development. The legal position on claims of trespass on minerals is unclear, so this can be a serious factor in an investment decision.

Chancel repair is a strange creature. It was largely

FeatureConveyancing

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29


FeatureMy career & me

No cap on ambition David Firth has not looked back since setting up an office in the heart of Leeds for Capsticks

A few years ago, Capsticks, the leading healthcare law firm, reached a crossroads.

The partners were keen to continue the firm’s growth and set about expanding its geographical reach, opening an office in Birmingham in 2008, and then one in Leeds in the summer of 2011. Working out of Toronto Square, and led by David Firth, the firm is rapidly developing a foothold in Yorkshire.

“It was down to me to identify where we should open in the North, which was a great privilege,” says Firth, a partner in Capsticks’ Dispute Resolution Department.

Although Manchester was also touted as a possible base, the firm’s links with Yorkshire were too good to ignore.

“We had secured a place on the Yorkshire and Humber panel for legal advisers for healthcare bodies three years ago [to which the firm has just been

reappointed] and had more developed client contacts in the region,” he says. “We undertook market research and the message that came back was: ‘if you want to win work from us then you’ve got to show commitment to the region’”.

No easy rideAlthough Capsticks is widely regarded as a leading player in the healthcare legal market, Firth readily acknowledges the strength of the firm’s competitors and the level of service that clients, such as the NHS bodies, expect. Expertise is a given, so he and his team have to offer something new and innovative to win business.

“The NHS are canny buyers of legal services,” he explains. “They are fiercely loyal to the firms that serve them well, but they will not accept complacency, so if you have a worthwhile proposition, they will give you a fair hearing.”

Having won trust and displayed expertise however, a firm must offer “added value”. Whether that be risk sharing on fees, better analysis of issues that affect the NHS as a whole, or innovative management information to help clients track costs, Capsticks routinely goes that extra mile, he says.

This willingness to deliver additional services and the strength of the partner team in particular has certainly helped the firm to place some solid roots in Yorkshire.

“The firm has invested heavily in our Leeds office and like any business it expects to see a return on that investment,” he says. “With some significant new client wins, that is going exceptionally well, but now we have the same problem that a well-established office has, namely the need to continue growing and to keep clients enthusiastic. That’s a nice problem to have.”

Life up NorthFirth, a father of two, admits that he didn’t know Leeds well before he arrived to set up the office, but soon became a firm fan. “It’s got everything,” is his verdict.

A weekly boarder in Leeds, Firth usually

spends one day a week back in London, where he invariably raves about life up the M1.

In fact, so enchanted has he been by the county, and the North Yorkshire Moors in particular, that he has been tempted to relocate with the family from their home in Hampshire. The fact that his children are currently very settled at school has prevented any immediate plans to leave the South behind, however.

“The more I get to know the area, the more I like it,” he admits.

Firth certainly has some far-flung parts of the world to compare it to. Having lived in Egypt for a year, as part of his degree in Arabic & Islamic Studies, and spent two years working in Australia (where he secured work experience as a paralegal and was inspired to pursue a legal career by a former Attorney-General, Tom Hughes), his journey to Leeds has been a colourful one.

Health checkCapsticks’ largest client is also on a journey of its own. As the NHS develops its role in twenty-first century Britain, many obstacles have to be negotiated.

“Unquestionably, the NHS is a force for good and is in many ways world-beating,” says Firth. “But with ever-increasing patient demands, costly treatments for long-term conditions, and with huge pressure to achieve very significant efficiency savings, the NHS has a tough challenge to continue delivering high quality, compassionate care.”

Firth accepts that an “appropriate level of competition” may provide part of the answer but respects concerns expressed in some quarters that the country could end up with providers of healthcare that answer to shareholders, not to those to whom they provide care.

“It’s a balancing act,” he says. “And it’s the devil’s own job to achieve it.”

Capsticks and Firth, aiming to become the country’s preeminent healthcare firm, certainly hope to play a big part in helping the NHS to find that balance.

Unquestionably, the NHS is a force

for good and is in many ways world-beating

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In a client’s best interests

31FeatureCapital Allowances


C apital Allowances are among the most valuable and yet least exploited methods of reducing property owners’ income tax or corporation tax liabilities.

Changes in the Finance Act 2012 have introduced a layer of complexity and risk in the claiming of Capital Allowances for all parties involved in the property transaction.

From April 2014, all expenditure that qualifies for Capital Allowances must be identified by the seller, but not necessarily claimed, before the transfer to a new owner. The significance is that the new owner cannot claim any allowances if this is not done or not done correctly.

In addition from April 2012, there must be a record of agreement in a prescribed format that sets out the allowances claimed by the seller and the allowances that are passing to the buyer.

Now more than ever is the time for solicitors advising clients on property transactions to be fully aware of the new Capital Allowances fixtures rules, as particularly there is a growing awareness and knowledge among many clients of what they are able – and expect – to claim from HMRC.

The changes mean that Capital Allowances must now be dealt with at contract stage not after purchase and therefore the completion of replies to the Commercial Properties Enquiries form are now more crucial than before the change in legislation.

Incorrect or inaccurate information included in the Commercial Properties Standards Enquiries forms could have significant legal and commercial consequences for property owners. A client who suffers serious financial loss as a consequence may want to seek redress!

Solicitors are therefore unwittingly being involved in a process that ultimately affects their client’s tax position. Solicitors therefore need a thorough understanding of the relevant issues surrounding Capital Allowances in order to help protect their client’s tax position. They also need that same understanding to minimise their own risks and to improve service levels.

So what does this mean in cash terms for clients and why are Capital Allowances so valuable? Capital Allowances arise from capital expenditure on:• purchase of an existing or newly built property• construction of a new property• building alterations, extensions and refurbishments

to a property• the fit-out of let property.

The recent Autumn Statement increased the Annual Investment Allowance (AIA) to £250,000. The AIA is the sum whereby a taxpayer who incurs expenditure receives 100% tax relief in the year of expenditure up to £250,000 no matter whether that taxpayer is an individual or a company. If therefore the requirements of the fixture rules changes referred to earlier are not satisfied then clients could miss out on a major tax saving.

There are many considerations to take into account of as a result of these changes which have not been covered in this article.

It is clear to see that there is plenty at stake when it comes to Capital Allowances – the importance of which has been highlighted in recent Capital Allowances workshops with solicitors, led by Stuart Rivers Associates.

However, the changes are very much a positive move for small to medium sized businesses and particularly the property industry. They will want to reap the benefits and will be able to do so with the help of solicitors who are fully conversant with the new Capital Allowance process.

Armed with this deeper knowledge and understanding, solicitors will be able to both retain and strengthen their client base.

Stuart Rivers is managing partner of Stuart Rivers Associates, Capital Allowance Consultants based in Harrogate

“For my loved ones I’ll leave

financial security; for those I’ve

never met I’ll advance our knowledge in

the fight against cancer”

Every gift in every will makes a difference

If you or your clients would like more information, please call

01423 877210or visit

www.ycr.org.ukYorkshire Cancer Research, 39 East Parade, Harrogate, HG1 5LQRegistered Charity 516898

Together with our partners in the fight against cancer we have made many breakthroughs which have greatly improved the way we prevent, diagnose, treat and deal with the after effects of cancer.

There remains a long way to go. Every generous gift will make a difference in our mission to save even more lives.

Stuart Rivers advises solicitors to read up on Capital Allowances, before it is too late

For practical purposes, here is an example:• A company which buys new premises for

£1,000,000 containing plant such as electrical systems, heating and toilets: this could generate £250,000 of Capital Allowances. If the company pays tax at the corporation tax rate of 21%, then it would benefit from a tax saving of £52,500 in the year it incurs the expenditure. However, if for example the business is owned by an individual, partnership or LLP rather than a limited company or PLC, then the tax saving would increase to £112,500 (personal tax rate of 45%).

The changes mean that Capital Allowances must

now be dealt with at contract stage not after purchase

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Once more unto the breach

T he implementation of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act on 1 April has heralded quite a shake-up for dispute resolution lawyers. As

successful litigants lose the right to recover premiums from their opponents, and referral fees are banned, solicitors need to find new ways to ensure that clients are given peace of mind that their costs will be covered in the event of an unsuccessful outcome.

whither ATE?After-the-event (ATE) insurance is taken out after the event, such as an accident which has caused an injury, has occurred, to insure the claimant against any legal costs they will incur should they lose their case. What began as a specialised tool available for unusual risks has evolved to become an indispensable part of the personal injury claims process. Much of this is due to the expanded use of ‘no win, no fee’ agreements, as claimants increasingly expect to be able to pursue their claims without financial risk.

However, the insurance marketplace is on the brink of a major reshuffle in the light of the forthcoming changes to the recoverability of insurance premiums and success fees.

David Haynes, head of underwriting at ARAG, forecasts a drop in demand for ATE insurance, particularly for lower volume cases. Russell Smart, group chief operations officer at Elite Insurance, agrees that it is ATE which will be hardest hit by LASPO, the demise of recoverability fees meaning that claimants will be liable to pay not only their opponent’s costs but also their solicitor’s success fee as well as forking out for their own ATE premium.

Going forward, says Smart, a presence in the ATE market will only be sustainable for those firms that understand that in order to get affordable premiums you have to insure everything or nothing, “so the good cases subsidise the bad ones”.

“In the long term, many firms will become uninsurable,” he says. “What will happen is that the good firms will be able to demonstrate a good history, therefore the premiums will be lower. Whereas some firms will just insure the risky cases and therefore be uninsurable in the long term. We and other ATE insurers wouldn’t want to touch them.”

bTE’s last standBox Legal’s director Daniel Morris is swift to counter the widely-held view that ATE will suffer at the

expense of Before-the-event (BTE) insurance. In fact, Morris feels certain that the Jackson reforms

will sound a death knell for BTE insurance not ATE.“The cost of BTE insurance has for years been

supplemented by referral fees,” he says. “It became so lucrative that often policies were virtually given away far below their true cost. But that was before the recession.”

If Morris is right, the cost of BTE policies is set to rise to a “true figure”, which will almost certainly reduce take-up of policies. He advises anyone with shares in a BTE insurer to sell them now: “they are in for a rough ride.”

Russell Smart agrees with Morris that BTE premiums are set to rise considerably and that in recent times BTE has only been made affordable because of the claims capture mechanism. However, according to Smart, the bigger challenge for insurers will come from the Government and FSA’s reticence towards add-on policies due to the potential for mis-selling.

The problems with BTE are three-fold, says Smart. First, it is affected by the direct economic climate; secondly, it suffers from a lack of understanding; and, finally, it suffers because people don’t think they are ever going to need it.

Decision timeThe general consensus of opinion holds that, as clients become better informed, they will be increasingly likely to opt out of bolt-on policies such as BTE insurance, and instead will press to ensure that they are getting a good deal from their solicitors through ATE.

How savvy the general public really is though is open to question. A Consumer Focus report in 2011 revealed that 43 percent of participants knew little or nothing about legal expenses insurance – this despite the fact that an estimated six out of every ten consumers already pay for this type of cover.

The UK legal expenses insurance market is worth some £447 million. In the future will consumers choose to opt out of BTE insurance and take the risk, or will new business models evolve whereby major insurers give away BTE for free, purely as a capture mechanism?

Legal expenses insurers face an uncertain future post-Jackson. Sophie Dilley recently looked at how some leading players believe the market will adapt

33FeatureLegal expenses insurance


A version of this article originally appeared in Claims Magazine Issue No.6 March 2013

Sophie Dilley is assistant editor on Leeds & Yorkshire Lawyer and Claims Magazine

LifestyleMotoring 35


Hot for soft-tops

T he British have a reputation for being obsessed by the weather. This isn’t entirely fair. If there’s one thing we’re even better at than talking about the

weather, it’s ignoring the weather: there’s a reason why more convertible cars are sold each year in Manchester than in Spain, and it’s got nothing to do with hard-headed meteorological realism.

So let’s close our eyes to the drifts of snow and plug our ears (and go la-la-la-can’t-hear-you) to the howling of the wind. Let’s imagine the sun is shining. Let’s imagine the birds are singing. Let’s imagine, in short, that it’s getting warmer.

And how better to welcome in the spring than by taking a spin in a soft-top?

While we’re in dreamland, we may as well start with a fantasy car. The Audi R8 Spyder doesn’t have the iconic aura of, say, a Porsche 911, but given that Audi is a fairly new player in

Richard Smyth surveys some tempting options in the world of convertibles

the supercar game it’s hard to see what more the designers could have done to slot the R8 into that elite bracket. The pricetag is certainly top-of-the-range: don’t expect much change from £100K, even without all the bells and whistles (and what good is a supercar without bells and whistles?).

The headline feature of the R8 is its optional 7-speed S-tronic dual transmission, which has had even the oldest-school gearstick obsessives guiltily wondering if it might be fun, after all, to let the car do some of the work for a while. The S-tronic offers staggeringly quick shifts, although sticklers might note some clunkiness at town speeds. Drive-wise, it’s a dream; in appearance, it’s a knockout (although the interior falls just short of slick, sleek, supercar perfection). On fuel-efficiency and emissions it’s outdone by the 911 – but if you care about fuel-efficiency and emissions you won’t be buying a supercar.

You’re more likely to be looking at something a bit more low-impact – like the Mazda MX-5. This is the world’s most popular sportscar, so driving one isn’t going to make you stand out as a motoring hipster; what the MX-5 stands for is not exclusivity but fun. It’s a comfy, well-built, sure-footed roadster, and you can pick one up brand-spanking-new for under twenty grand – what’s not to like?

Taking a middle ground between these two extremes is the soft-top that had the critics all in a tizz late last year: the latest incarnation of the ‘baby Porsche’, the Boxster. This is a car that was built for Yorkshire’s bendy B-roads, a little marvel of power, grip, balance and speed. The Boxster’s flat-six 2.7 engine (3.4 in the Boxster S) offers real zip; add in the optional seven-speed PDK semi-auto gearbox, and it will really fly.

It’s that word ‘optional’ that might give buyers eyeing up the Boxster pause for thought. Porsche isn’t exactly showering the motorist with treats with this one. Want sat-nav? A wind deflector? Climate control? Heated seats? Bluetooth? Rear parking sensors? Then be prepared to dig deep: none of the above comes as standard (although you do get part-leather seats, which is something, I suppose). With the basic price (from £37,589) already inflated by the cost of that vital accessory known as ‘the Porsche badge’, some may begrudge forking out even more to kit out their Boxster in the manner to which they are accustomed.

There’s a reason more convertible cars are

sold each year in Manchester than in Spain…

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Schooled for life

T ravel just ten miles north-west outside York and you’ll find the Thorpe Underwood Estate, home to Queen Ethelburga’s College.

Boasting a new £1 million state-of-the-art fitness suite and unmatched sporting facilities, Queen Ethelburga’s College is a private school for girls and boys aged from 3 to 20 years, offering day, weekly and full boarding places.

Ranked as one of the top ten schools in the UK (according to The Daily Telegraph and The Times), it epitomises the wealth of top-class educational institutions that Yorkshire has to offer.

Last year it posted its best academic results to date, with pupils recording an average UCAS points score of 491 – the equivalent of more than 4 A grades at A-Level – and sent a record number of leavers to university,

with the majority attending Russell or 1994 Group or City universities.

In a recent report by the Independent Schools Inspectorate, Queen Ethelburga’s students were assessed to be “highly confident, articulate and mature young people, eager to learn, with highly developed spiritual, moral, social skills and exceptional cultural understanding.”

Over £65 million has been invested into the campus over the last five years, with a new activity complex hosting a go-kart track and karaoke café, an animal centre and a recently opened Olympic Court. The investment in fact never stops, proving that the school is always looking to improve its already impressive array of extra-curricular activities to add to its wide-ranging and varied curriculum.

Another outstanding school, based in the heart of York, is St. Peter’s. Comprising three individual schools: Clifton school and nursery (for children aged from 3 to 8); St.Olave’s preparatory school; and St.Peter’s high school (for pupils from 13-18), it offers pupils a world-class education in the middle of one of the most historic cities in the country.

“We have seven values that we ask pupils to try to stick to: Friendship, trust, wisdom, compassion, endurance, humility and hope,” says Hannah Hamilton, the marketing and communications director at St. Peter’s.

Although the school is very well known for its academic and sporting endeavours, Hamilton says that it is also a great place to study the arts. The school’s choir sings in York Minster two or three times a year and recently performed a stunning rendition of Duke Ellington’s Jazz Eucharist in the cathedral – the first time a school choir had attempted to tackle the work.

A selective school, St. Peter’s still has a very wide range of ability levels within its ranks, and pupils are encouraged to seek subjects, sports and activities that suit their taste.

“We’re not a sausage factory,” says Hamilton.

The majority of pupils go on to higher education, and more than half last year went on to Russell Group universities, as well as some elite overseas universities. One pupil, for example, went to Harvard – on a rowing scholarship.

This was only possible thanks to the school’s commitment to rowing. “We have a boat house on the school campus right on the river Ouse,” says Hamilton. “They’ve got miles and miles of river to row on.

“There aren’t many schools that offer rowing to the level that we do and we’ve got about a quarter of the senior school who row on a regular basis. And it’s great for teamwork and communication skills. They enjoy it, even if they’re up at the crack of dawn!”

Our region is blessed with some wonderful private schools. LYL heads to York to take a look at two of the best

LifestylePromotional feature 37


Last wordDr Ian Kirwan

The world according to…I always had a real interest in science. I was given my first chemistry set when I was seven.

I studied for my PhD in Leeds in environmental micro-biology. I looked into the mechanism of cell division in Cyanobacteria. Since cell division takes place at the same time in all the cells of one organism it was a good model to study this process and to try and manipulate for research purposes. From there I move into cancer research because of my knowledge and acquired molecular skills.

My main role was in drug development. I was involved in identifying novel targets and/or bio markers associated with cancer in order to design new and improved compounds for treatment.

Most drugs or compounds that enter the body are processed by the liver and then metabolised or broken down into smaller products before reaching their target. Unfortunately, there will be side effects as some of the smaller products cause an undesirable effect. In some cases, normal healthy cells are affected also; for example, chemotherapy often causes hair loss due to its toxic effects.

Plants are amazing, they can heal themselves. They have their own built-in first aid kits. That’s why a lot of drugs are based on plant extracts.

Testing at pre-clinical stage is still absolutely necessary. Unfortunately, at the moment, there is no alternative process of checking how a compound will be broken down, what a safe dosage is, what the long-term side effects are (if any) and how long the compound will remain available in the body. There have been a lot of success stories with drugs which have been developed in this way.

It takes about five years to get a drug into trials and then another five to six years before they go to market. The cost can be up to £200m per compound and 90-95% of compounds fail.

Drugs are designed with a warhead which has a specific receptor attached and which is recognised by specific cells which are the target. Hopefully, once the compound reaches the target the receptor is cleaved off leaving the functional part to take its effect. It is not always straightforward and sometimes the receptor is cleaved off earlier causing unwanted toxicity. The design is crucial.

Leeds St. James University Hospital has a major

new facility for cancer research now. There’s at least five other centres in the country for cancer research operated by Cancer Research UK and funded by the Government. They all do excellent work.

while I was involved in cancer research, I encountered a lot of legal issues and ramifications. When a compound was developed we sought legal advice in terms of protecting the discovery and formulae of the compound. When obtaining live tissue from patients at the hospital who were about to undergo surgery, ethical issues arose and strict policies had to be put in place as well as information on consent which had to be obtained for research purposes.

There is no single cure for cancer. However, there have been some very promising recent breakthroughs such as the early detection systems for ovarian cancer.

Some of the research scientists in this country are the best in the world. They are working to help people have a better life.

while working in research, my ultimate goal was to help patients get better treatment and make a difference to their lives. Similarly, in my current role I try to make a difference to people and their families having been mistreated by the medical profession. Luckily, I am based in a very client care focused team at Lester Morrill. We go the extra mile for our clients.

Along with birth injuries, cases involving late and misdiagnosis of cancer can be the most difficult ones to deal with, they can really pull on the heart strings. Sometimes you obtain information about a client’s prognosis which can mean that they have only a short time to live and which the clients may not be aware of at that stage. You have to discuss with the client and ask them if they would like to know, it can be very emotional.

I’m from Limerick, but went to London in 1991 and have been in the UK longer than I was in Ireland. When I go back home people say I have an English accent but over here my Irish accent still prevails, especially after I have had a few beers.

I go back home for the rugby. Munster rugby is in my family’s blood. All my family have been involved and some have even played for the team. My rugby playing days are over. I injured my knee and had to stop. I still watch some local rugby such as Harrogate and the Leeds Rhinos – I don’t mind a bit of rugby league.

Dr Ian Kirwan specialises in Clinical Negligence law for Lester Morrill Solicitors. Before becoming a lawyer he spent several years working as a research scientist, most notably as a Post Doctoral Fellow in Cancer Research.

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The Official Journal of Leeds Law Society May 2013 Issue 120 · 2016-01-11 · The Official Journal of Leeds Law Society May 2013 | Issue 120 Focus 2013 is a make or break year for