is the sra right to demand that ﬁ rms publish their...

Is the SRA right to demand that fi rms publish their fees?

The Offi cial Journal of Leeds Law Society

LeedsLaw Society

March 2017 | Issue 144

FocusThe PI reforms – is the UK set to move from Access to Justice to Access to Process?

NewsRugby league legend Kevin Sinfi eld becomes Chadwick Lawrence ambassador

SocietySir Clive Woodward speaks to professionals at Leeds Beckett University about ‘team ship’

Profi leSarah Cookson becomes the new President of the Huddersfi eld and Dewsbury Law Society

LegalWhy renewable energy projects need lawyers that can be a benefi t and not just a cost

The Offi cial Journal of Leeds Law Society

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LeedsLaw Society

March 2016 | Issue 144

Views President’s column 05Sue Harris on collaboration, the theme of her Presidency

Society 06 Leeds Law Society helps organise a talk by Sir Clive Woodward at Leeds Beckett University on “team ship”, and a number of events have been lined up for members including seminars on cybercrime, property and social media

NewsLead 08Rugby legend Kevin Sin� eld becomes an ambassador for Chadwick Lawrence, David Barraclough is named as the new President of the Yorkshire Union of Law Societies and Chris Fry sets up a new co-operative � rm based in She� eld

Business development 10–14Milners marks its 120th anniversary with the launch of a new Harrogate o� ce, the entire team of property fee earners from Taylor&Emmet moves to hlw Keeble Hawson, and Stowe Family Law is sold to a private equity � rm

Events 15Shulmans helps host national sports law negotiation competition at Wembley

Social & charity 18–21Irwin Mitchell partner runs London Marathon for Support Dogs, while Ramsdens partner joins The Art House

Appointments 18New faces appear at Barton Legal, Bevan Brittan, Clarion, Ward Hadaway, Morrish Solicitors, Andrew Jackson and Bury & Walkers

Legal & community 19Charity running Hull’s 2017 City of Culture programme welcomes Rollits as a partner

CommentNothing like the present 20Patrick Walker on being controlled by robots

Focus onOn the road to fee transparency 22Lawyers o� er their thoughts on whether or not the SRA is right to demand that � rms publish their fees

Access to Process 26One North Yorkshire solicitor wonders whether the Government’s personal injury reforms will do away with Access to Justice

Shining a light on risk 28Bill Barton explains why renewable energy projects need lawyers that can be a bene� t and not just a cost

Last wordHealthy mind, healthy body 34James Atkins recently became a partner in the healthcare property team at Bevan Brittan in Leeds

Contents

Leeds & Yorkshire Lawyer | Issue 144 3

Helping you to protect your professional reputation

For more information or to arrange aquote for your next renewal, contactJake Fox

[email protected]

www.jmginsurance.co.uk/solicitorspi

01943 876631

J.M. Glendinning (Insurance Brokers) Professional Risks Limited is an appointed representative of J.M. Glendinning (Insurance Brokers) Limited, which is authorised and regulated by the Financial Conduct Authority Registered in England & Wales at Elmwood House, Ghyll Royd, Guiseley, Leeds, LS20 9LT. J.M. Glendinning (Insurance Brokers) Professional Risks Limited. Registered No 9828000.

When it comes to arranging your Professional Indemnity Insurance, we bring you independence, experience, in-depth knowledge of the legal profession and in-house claims support.

Finding the right policy for your practice is not as simple as finding the cheapest cover or the largest insurer. We offer full market coverage rather than a selected panel of insurers, and combine technical knowledge gained in the London Market with local, personal service.

W hen I started my Presidential year I had not decided what my theme should be. However,

I have now decided that it should be “collaboration”.

Many activities that Leeds Law Society has been involved in over the last few weeks illustrate successful collaboration, including our work in three important consultations.

The soft tissue injury (whiplash) claims process consultation, which had a deadline of 6 January, was the � rst of these. This issue is of great importance to our members who do personal injury work. I am very grateful to Richard Coulthard of Michael Lewin Solicitors who drafted and submitted the consultation response to the Ministry of Justice on behalf of Leeds Law Society.

The collaboration that led to the � nished product involved a successful workshop which took place on 5 November 2016 in Leeds Law Society’s boardroom at 62 Wellington Street. It was attended by more than 20 representatives from Leeds law � rms and barristers chambers.

The second consultation was on proposals from the SRA to alter solicitors’ qualifying exams. The deadline for submissions for this consultation fell a mere three days after the whiplash one. The subject is of great interest to prospective solicitors, quali� ed solicitors and the law � rms who employ them. Thank you to Catie Woodward, Secretary of Leeds Law Society for her invaluable input and drafting skills. Again we collaborated with local solicitors and also worked on this project with the University of Leeds. Special mention must also go to Professor Andrew Francis from the School of Law for helping us run the workshop.

Last, but not least, was the initial consultation issued by Lord Justice Jackson to discuss � xed recoverable

costs, with an initial deadline of 16 January, which was thankfully extended to 30 January. This time we did a survey of our members asking for information and calling for evidence. We were also pleased that Lord Justice Jackson chose Leeds as one of his � ve venues for his roadshow designed to convey his views on � xed recoverable costs. The event took place on 6 February and was very well attended, with every possible seat taken.

Other examples of events involving collaboration include: the Leeds Legal Study project (which I mentioned in detail in my last column); and Sir Clive Woodward’s talk, which was arranged with the Collaborative Professionals Network (which includes the ICAEW, IoD, CIoT, ATT, LLS and STEP). Sir Woodward’s very motivational talk was about team leadership. See page six for more details about Sir Clive Woodward’s fascinating talk.

We have also been working with our Joint V partners (the law societies of Birmingham, Bristol, Liverpool and Manchester) and have had the � rst of a series of three seminars with KPMG.

As I write, the Annual Dinner has not yet taken place. I am delighted that there will be over 350 people attending, with the Master of the Rolls, Sir Terence Etherton and the President of the Law Society, Robert Bourns, as two of our special guests.

Finally, a thought on the best and worst examples of collaboration. My vote for the best is Morecambe and Wise. And the worst? Well, according to numerous websites, it has to be Ozzy Osborne and Miss Piggy singing Born to be Wild.

If you are interested in reading our response to the consultations mentioned above then do please visit the Leeds Law Society’s website.


President’s column

Collaboration

LeedsLaw Society

Sue Harris is a director at Walker Morris and the President of Leeds Law Society

Helping you to protect your professional reputation

For more information or to arrange aquote for your next renewal, contactJake Fox

[email protected]

www.jmginsurance.co.uk/solicitorspi

01943 876631

J.M. Glendinning (Insurance Brokers) Professional Risks Limited is an appointed representative of J.M. Glendinning (Insurance Brokers) Limited, which is authorised and regulated by the Financial Conduct Authority Registered in England & Wales at Elmwood House, Ghyll Royd, Guiseley, Leeds, LS20 9LT. J.M. Glendinning (Insurance Brokers) Professional Risks Limited. Registered No 9828000.

When it comes to arranging your Professional Indemnity Insurance, we bring you independence, experience, in-depth knowledge of the legal profession and in-house claims support.

Finding the right policy for your practice is not as simple as finding the cheapest cover or the largest insurer. We offer full market coverage rather than a selected panel of insurers, and combine technical knowledge gained in the London Market with local, personal service.

6 Issue 144 | Leeds & Yorkshire Lawyer

NewsSociety

Sir Clive Woodward OBE inspired guests with his keynote speech on the importance of listening to your team at Leeds Beckett University in an event organised by Leeds Law Society and the Collaborative Professionals Network. The talk, held on 17 January, saw the former rugby World Cup winning coach outline how his “team ship” approach revolves around “creating an environment so good that everyone wants to be a part of it and nobody ever wants to leave”. The approach centres around rules for conduct agreed within the team, such as good time-keeping, and also a philosophy of respecting every team member’s right to express an opinion. The presentation from Sir Woodward also included a question and answer session, chaired by Greg Wright, The Yorkshire Post’s deputy business editor.

Afterwards, Sir Woodward told The Yorkshire Post that “team ship” was not a theory but something that he had learned to do. “I just hope the leaders in the room understand that their team has also got some great ideas, and they just need to really listen, because sometimes the best thoughts come from the team. They don’t always have to come from you as the leader of the team.” Bill Barton, the deputy president of Leeds Law Society, said: “Sir Clive’s talk about team ship struck a chord with many of us in the audience and the link between working collaboratively and actions was the key. “When people of varying backgrounds, ages, skills and experience work together, in a shared and agreed way, a positive outcome is almost guaranteed.” Leeds Law Society helped to organise the event in its capacity as a co-founder of the Collaborative Professionals Network (CPN). The network has been established to promote world class professionals who have established a base in Yorkshire. The group aims to provide a forum for informed debate about the major issues facing the region’s economy. The group was formed as a result of a partnership between The Institute of Chartered Accountants in England and Wales, Leeds Law Society, The Institute of Directors, the Chartered Institute of Taxation and Association of Taxation Technicians, the Society of Trust and Estate Practitioners and West and North Yorkshire Chamber of Commerce. Karen Eckstein, one of the founder members of the network and a legal director at Bond Dickinson, said: “I was delighted to see a full house of attendees across the business and professional networks of Yorkshire. “Sir Clive’s talk was thought provoking and inspiring. The subject matter of team ship was highly relevant, as it aligns closely to the principles of the CPN.”

Leeds Law Society helps organise talk by Sir Clive Woodward on “team ship”

Leeds Law Society is seeking information from members of in-house legal teams. We have prepared a short survey, speci�cally aimed at in-house solicitors, so that we can understand more clearly what you want from Leeds Law Society and ensure that we ful�l our objective to support, promote and represent solicitors from all sectors of the profession.The survey can be found at www.surveymonkey.co.uk/r/5NBHGBR or on our website.

Seeking views from in-house legal teams

(L-R): Bill Barton, Sue Harris, Sir Clive Woodward OBE and Leanne Coyle

FOR MORE INFO AND TO BOOK, VISIT http://leedslawsociety.org.uk/events-training/ OR EMAIL [email protected]

NewsSociety


It will encourage delegates to consider how they can ensure that their clients act as their advocates, giving potential clients a compelling reason to select them above the competition.FREE for members/£10+ VAT non-members

Social media seminar, 13 April, 12.30-2.30pmThis highly interactive two-hour seminar will examine e�ective use of social media to raise both your pro�le and credibility. It will also look at how your brand and its management are key components in attracting and retaining clients.

The seminar will be facilitated by Chris Shaw of Yorkshire-based Sure Media Relations. Chris is a former solicitor who works closely with the profession to raise practices’ pro�les and awareness via PR, media engagement and brand identity.FREE for members/£10+ VAT non-members

Upcoming eventsWomen in Law mentoring 15 March, 6pm – 8pmLeeds Law Society, in partnership with Blacks Solicitors and TitleSolv, is delighted to launch the Women in Law mentoring scheme.

This initiative aims to connect women who work in the legal profession and match them with other women practitioners who can act as mentors, to create ongoing relationships and develop professional networks. This scheme will provide opportunities for women to network with each other and provoke open conversation about the challenges facing women in law. See website for mentor pro�les and booking details.

Is your �rm ready for the digital challenge? 16 March, 12.30 –1.30pmPeter Wright from DigitalLawUK will be sharing his expertise and asking the highly pertinent question for any modern legal business – is your �rm ready for the digital challenge?

The seminar will help you identify how secure your data is and what to do if you are at risk.

You will learn about cyber security threats and risks; high pro�le cyber security breaches; the consequences of a cyber security breach; and easy steps to minimise the risk of a cyber security breach.

Tickets: £40 + VAT members/ £50 + VAT non-members

People in property – 21 March, 8am – 9.15amJoin us for our inaugural People in property event in Leeds. The free launch event will consist of networking over light breakfast, and an introduction and welcome with two keynote talks and a legal property update.

Paul Sculphur will be joining us from the newly opened Victoria Gate Super Casino. He is the operations director leading the team on the casino project. He will reveal opportunities in this �eld and explain why Leeds was chosen for this exciting new venture in the North.

Building sustainable growth in the legal sector, 23 March, 9.30am – 11.30am There is a growing recognition of the importance of excellence in client service delivery to build a �rm’s reputation, retain clients and grow the business. The challenge is that clients are not just judging the deliverables, but also the entire experience and the quality of the relationships formed. This seminar will equip delegates with an understanding of how they can focus on delivering excellent client experiences, through client insight, innovation and cross �rm collaboration.

Titlesolv takes the risk out of property transactions

The recent case of a fraudulent transfer of £1.2 million using the identity of a Kensington homeowner provides a salient reminder of the risk of fraud in lending.

The Land Registry plays an important role in property transactions and preventing fraud. Part of this role is to check that the person registering a title is the true owner. Lenders heavily rely on this information when deciding whether to accept a mortgage application.

Since September 2009, the Land Registry has prevented property fraud amounting to approximately £92 million. However, it acknowledges that “no system can be 100 per cent fraud proof” and urges people to do what they can to protect their properties.

The recent case referred to above was described by the prosecutor in Southwark Crown Court as both “simple” and “audacious”. It involved a mother, Diane Moorcroft, who changed her name by deed poll to that of the registered proprietor of a £3 million house in Kensington. Moorcroft, along with her daughter, Laylah De Cruz, then obtained a tenancy for the property and arranged for its sale while the real owner was residing elsewhere. Before a buyer was found, the fraudsters applied for a loan of £1.2 million against the property from bridging loan company Fincorp. The loan monies were transferred to their solicitor, who forwarded it to an account Moorcroft had set up in Dubai.

While the Land Registry informed both the solicitor and Fincorp of a suspected fraud a few days later, by this time the money had already been withdrawn from the account.

The Metropolitan Police has noted that between April 2015 and March 2016 it received 1,029 reports of rental fraud to the value of nearly £2.5 million. Changing names by deed poll to that of a registered proprietor has become an increasingly common feature of such fraud.

If you would like to discuss how TitleSolv might help your business with such cases please contact [email protected].

NewsLead


Chadwick Lawrence has signed Leeds Rhinos and England rugby league legend Kevin Sinfi eld as an ambassador for the fi rm.

Over the next 12 months Sinfi eld will act as an ambassador for the fi rm, meeting clients and contacts and providing an insight into his time as one of the great leaders in Rugby League. He will also deliver insight into leadership and personal development skills to the Chadwick Lawrence team.

The partnership came about thanks to Chadwick Lawrence’s long standing legal partnership with Leeds Rhinos. The fi rm has provided legal services for the club, many of their players, and staff for ten years. It has also been a supporter of the Leeds Rugby Foundation. Sinfi eld captained Leeds Rhinos for thirteen years before retiring in 2016.

“I have known Kevin for over ten years, working with him through the fi rm and he undoubtedly brings a great profi le with him,” said Neil Wilson, managing partner at Chadwick Lawrence.

“He is a great leader, and embodies what we believe to be the core values of Chadwick Lawrence and the

Chadwick Lawrence way. He leads by example, and we are looking forward to learning from him as we work together over the coming months.”

Sinfi eld said: “I have known Chadwick Lawrence for many years and I have experienced fi rst-hand the high levels

of service which they work to.“I am aware of the great progress

on culture change that Neil and his colleagues are embedding in the business and I am really looking forward to being a part of the Chadwick Lawrence Way.”

Unity Law has won a landmark case in the Supreme Court for disabled bus passengers, giving them priority access over the wheelchair spaces on buses.

The niche Sheffi eld fi rm, which specialises in discrimination cases, has represented Doug Paulley, a wheelchair user, for over fi ve years in his pursuit of a claim against bus operator First Group.

Paulley tried to get on a bus to Leeds at Wetherby bus station in 2012. The only available wheelchair space on the bus was occupied by a mother with a pram who refused to move to make way for Paulley since the pram could not be accommodated elsewhere on the bus.

The bus driver asked the mother to move but she refused and, as a result, Paulley could not get on and had to wait for the next service. He brought a case against FirstGroup, arguing that the operator’s “requesting, not requiring” policy, which saw drivers only asking passengers to move out of disabled spaces, was discriminatory.

The Supreme Court ruled that the policy is a breach of the Equality Act,

meaning that immediate changes needed to be made by First Group and other transport companies to promote a more accessible service.

Chris Fry, managing partner of Unity Law [at the time, see page 9], said: “This decision delivers cultural change for disabled people. It establishes what we are calling the ‘Paulley Principle’ which is that bus companies have to give priority use to disabled customers over the

wheelchair space.“The old minimalist policy of requiring

bus drivers simply to request someone to move will give rise to claims for compensation. We expect to see an immediate diff erence to the way that disabled passengers are treated.”

Fry praised Paulley’s courage in taking the case forward on behalf of disabled people, and the Equality & Human Rights Commission for recognising the strategic importance and value of protecting him from the costs of litigation. He also paid tribute to “the outstanding team” of Robin Allen QC and Catherine Casserley at Cloisters Chambers.

“It has been fascinating for us to have so much support from national charities and members of the House of Lords. We’re aware that Parliament has been awaiting the outcome of the case with regard to the Bus Services Bill,” added Fry.

“We hope that Parliament will strengthen rights of disabled passengers further when further amending access regulations.”

Unity Law wins Right to Ride disabled passenger case against First Group

Rugby legend Kevin Sinfi eld becomes Chadwick Lawrence ambassador

Pictured: (L–R) Paul Campbell, Neil Wilson, Kevin Sinfi eld and Sarah Haller

NewsLead

Shulmans has won a landmark High Court decision on Secretary of State fees in bankruptcy annulment cases.

In the case of Safier v. Wardell and Others [2017] EWHC 20 (Ch), in a reserved judgment handed down on 13 January 2017, His Honour Judge Behrens held that monies paid by a third party to avoid bankruptcy, do not require additional tax to be paid to the Secretary of State.

In this instance, the bankrupt person solely owned a property with substantial equity. The bankrupt’s brother stepped in and agreed to pay the debts and expenses to prevent the property being repossessed. A claim was made that tax should be paid on these debts, an additional £7,000. The judge agreed that the funds were not part of the bankrupt’s estate and therefore no tax was payable.

Mark Wilkinson, head of insolvency and credit management services at Shulmans, who was assisted on the case by associate solicitor Lucy Clark said: “The Safier decision is really important because it changes the options and affordability of helping someone facing bankruptcy. In previous cases, debtors and third parties have simply paid the fees to resolve matters.

“This judgement would set a precedent meaning more people can avoid paying tax when offering to help others out. A number of cases have been on hold pending this latest judgment.”

Wilkinson added that although the decision was likely to be subject to an appeal, it provided “welcome clarification” on the point for both practitioners and bankrupt people.

Shulmans secures landmark High Court decision on Secretary of State fees in bankruptcy annulment cases

David Barraclough is the new President of the Yorkshire Union of Law Societies.

Barraclough, a past president of Leeds Law Society, has taken over the role following the retirement of Peter Wright, a Law Society Council member for Yorkshire, on completion of his three

year term of office. He recently retired from London, Leeds and Cardiff firm RadcliffesLeBrasseur. He practised in Leeds as a commercial property solicitor for more than forty years and sits on the Council Membership Committee of the Law Society.

“I am very honoured to be appointed President of the Yorkshire Union of Law Societies,” said Barraclough.

“Yorkshire is a powerful brand and I am very keen to increase the level of communication with the local law societies in Yorkshire, both large and small, and to ensure that the views of all the local law societies in Yorkshire are heard loud and clear, both by the Law Society in Chancery Lane and by the Solicitors Regulation Authority.

“The pace of change within in the legal profession is ever increasing and only by pooling resources can solicitors meet the threats that are facing the profession.”

The Yorkshire Union of Law Societies is the umbrella organisation for all the local law societies in Yorkshire and was established more than one hundred years ago.

Chris Fry, the founder of Sheffield-based Unity Law, has relaunched the firm as a co-operative and called it Fry Law.

Fry is recognised as one of the UK’s leading equality and human rights lawyers. He is responsible for numerous Court of Appeal precedents, and Supreme Court cases in both noise-induced hearing loss and disability discrimination. Unity Law won numerous awards in recognition of its specialist work.

He says his new venture is a firm with an “agile working model”. With a core central hub of lawyers and administrative support in Sheffield, Fry Law also has a network of consultants working flexibly on a 50/50 profit share basis covering London, East Anglia and Yorkshire.

Speaking of his vision for the new firm, Fry said: “With fixed costs reforms anticipated in NIHL cases, and changes to the small claims limit, this new structure keeps overheads low whilst attracting some of the best, most effective lawyers to the team. This firm has, at its heart, the motivation to deliver change at a time when access to justice must be improved for the individual. We look forward to working co-operatively with other lawyers and law firms who share the same motivation.”

Within its first week of trading, assisted by specialist litigation funder SpectraLegal Finance, the firm has taken on existing caseloads from two law firms, and has the funding to actively seek out both new caseloads, and to recruit new consultants. Fry Law worked with Zebra LC, specialists in technical audit and due diligence, to assist in the acquisitions and the funding process with Spectra Legal.

“Fry Law’s innovative approach is refreshing. With Spectra Legal’s

support the firm can look to make other acquisitions within a short timescale and develop its flexible working model further,” said Holland, the managing director at ZebraLC.

In support of the new firm, Matthew Gwynne, business development and client relations director at SpectraLegal Finance said: “In what is a challenging market Fry Law represents an exciting opportunity run by industry experts that, as a specialist lender, we are delighted to be able to support.”

David Barraclough named new Yorkshire Union of Law Societies President

Sheffield’s Unity Law becomes Fry Law, a new co-operative firm


News Business development


Milners, which is celebrating its 120th anniversary this year, has launched an o� ce in Harrogate.

The new o� ce will link in closely with the � rm’s headquarters at Whitehall Waterfront in Leeds in what it describes as “one of the longest o� ce corridors in Yorkshire”.

Spearheaded by partner Mat Haynes, the Harrogate o� ce will specialise in the full suite of private and commercial law services, including conveyancing, wills, probate and inheritance planning.

“Harrogate’s popularity as a place to live and work continues to gather pace and we are delighted to establish an o� ce presence in the town for the � rst time,” said Milners’ managing partner Simon Bass.

“This expansion represents a natural progression for us, as we have built up

over many years a growing portfolio of personal and business clients across Harrogate and its surrounding towns and villages.

“It is also a signal of the con� dence that we are investing in the district’s ability to continue to thrive – and be part of the centre of legal excellence that is emerging here to meet people’s needs and support that growth.”

The new o� ce also marks a return to Harrogate for Milners’ senior partner and litigation specialist Giles Ward. He started his legal career in the town in 1992, in a case surrounding the collapse of a building on the corner of Parliament Street and The Ginnel during renovation work.

Founded by the Leeds Coroner James Milner in 1897, Milners provides specialist advice for business in

corporate law, commercial contracts, commercial property, development and construction, commercial litigation, insolvency, debt collection, and employment law.

Its expertise also extends to o� er non-business related advice including residential property, personal injury, wills, trusts and probate and family law.

Milners marks 120th anniversary with Harrogate o� ce launch

Cassandra Zanelli, a former property partner with Taylor&Emmet, has moved to hlw Keeble Hawson – along with her entire team of fee earners.

Joining her at hlw Keeble Hawson are associate Elizabeth Rowan, a specialist in County Court proceedings, assistant solicitor Brian Fowler, and legal assistants Jennifer Knibbs and Ruby Zaman.

The � ve-strong team will launch a new department called PM Legal Services which will allow hlw Keeble Hawson to o� er expanded services in areas such as resolving complex property disputes, First Tier Tribunal proceedings, recovering service charge and ground rent arrears, property debt recovery and landlord and tenant disputes.

Zanelli is a well known � gure in the sector. She was listed in the Hot 100 Most In� uential People in 2016 by the property industry title, News on the Block. She is also regularly invited to address key national and regional conferences and host training sessions for the Association

of Residential Managing Agents and the Royal Institute of Chartered Surveyors.

Paul Trudgill, hlw Keeble Hawson’s managing partner, said: “The recruitment of Cass and her team is a major step in the � rm’s development and con� rms its focus on the core elements of its private client and commercial services.

“Cass is a nationally recognised specialist in the � eld of property management services and her team brings a wealth of experience in this � eld. Her team will complement the

services we already provide to our property clients and open up new markets and potential clients to the rest of our � rm.”

Zanelli said: “We are highly regarded in the marketplace and have devised a powerful strategy for new areas of operation and growth. hlw Keeble Hawson’s reputation, forward-thinking ethos and approach to support us in driving this forward was a hugely attractive prospect which highly complements the � rm’s wider strategy.”

Taylor&Emmet property team moves to hlw Keeble Hawson

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Pictured L-R: Ruby Zaman, Elizabeth Rowan, Richard Smith, head of commercial property, Cassandra Zanelli, Paul Trudgill, managing partner, Brian Fowler, Jennifer Knibbs


NewsBusiness development

hlw Keeble Hawson has helped a boutique gym operator open up two new facilities in She�eld.

TRIB3 has just opened new gyms at the Krynkl development in She�eld’s Kelham Island and at the Source Skills Academy in Meadowhall. hlw Keeble Hawson managed the property leases and advised on corporate and commercial issues related to both sites.

TRIB3 – which centres on maximising conditioning, physical and mental performance – has been spearheaded by award-winning She�eld developer, David Cross, MD of Crossbow Developments and CODA architectural studios. The �rst TRIB3 site was opened in She�eld in 2016.

The company wants to expand further with initial sites proposed in Leeds and Manchester followed by ten more gyms nationally. It also has two international deals in the pipeline which hlw Keeble Hawson is also advising on.

Cross said: “TRIB3’s powerful formula delivered by elite trainers targets select muscle-groups and is proving a major hit. We commissioned hlw Keeble Hawson’s commercial property team because of its breadth and depth of expertise.

“Our dynamic vision is coming to fruition ahead of schedule and we look forward to harnessing the raft of opportunities in the UK and overseas.”

Richard Smith, partner and head of hlw Keeble Hawson’s commercial property team, said: “TRIB3 is a vibrant, commercial venture with a wealth of potential for continued expansion on a regional, national and international scale. We wish David, Kevin, Dan and the team continued success.”

Expansion of boutique gyms goes from strength to strength

David Cross with (L to R): Richard Smith, Dan Summerson and Kevin Yates


Moxon & Barker, an established Yorkshire �rm, is implementing the Proclaim Practice Management Software solution from Eclipse Legal Systems, the Law Society’s sole endorsed provider.

The �rm has been highly regarded throughout the Yorkshire region ever since its establishment in 1881. Now based in Pontefract, Moxon & Barker specialises in several areas of law including commercial, probate, conveyancing and lasting power of attorney. The �rm prides itself on its ability to provide the quality of service usually associated with major regional practices, whilst retaining the personal approach of a traditional family �rm.

Moxon & Barker is implementing a full Proclaim Practice Management solution in order to bene�t from a comprehensive accounting and �nancial toolset, providing senior partners with instantaneous live access to �nancial data and practice operations. This solution, combined with the Proclaim Conveyancing and Probate Case Management desktop applications, means sta� at Moxon & Barker will see an increase in e�ciency and case progression.

To further develop its ambition of o�ering the highest level of service, Moxon & Barker will also be implementing Eclipse’s Task Server robot tool, eliminating a number of time consuming administrative tasks, and in turn enabling sta� to focus on client relationships and providing the personalised service the �rm is renowned for.

Nicola Atkin, a solicitor at Moxon & Barker, said: “We are committed to our clients and providing the highest possible standard of service, and in order to do this, we need an advanced and inclusive practice management system. Eclipse’s Proclaim legal software will mean that not only are we are able to continue providing this high standard of service – usually expected from major law �rms – but we can do this e�ortlessly and without the need to increase sta� numbers or hours.”

Moxon & Barker selects Eclipse’s Proclaim Practice Management Software solution

For more information contact [email protected] or call 01274 704 100.


Morrish Solicitors has helped over 100 former Phones4U workers to win an employment tribunal case against the defunct mobile phone provider for failing in its statutory duty to consult with them about impending redundancies.

The former workers pursued claims against the mobile phone retailer when they were made redundant following the administration of the company in September 2014. The claimants represented by Leeds-based Morrish Solicitors were all awarded 90 days’ pay on 13 January by Employment Judge Lloyd of the Midlands West Employment Tribunal. Up to eight weeks of that award can now be claimed from the Government’s Redundancy Payments O�ce.

Phones4U collapsed after its contracts with O2, Vodafone and EE all ended in quick succession. The O2 contract was terminated in February 2014 and Vodafone gave notice on their contract on 6 August 2014. This meant that Phones4U had become entirely dependent on the contract with EE. But on 12 September 2014, EE intimated that it would not be renewing its contract. Administrators were appointed on 15 September and mass redundancies were made just four days later.

The tribunal thought it was probable that a plan to make redundancies had been formulated between 7 August 2014 and 1 September 2014, following

the notice by Vodafone to terminate its contract and the failure of further negotiations.

However, Phones4U made no attempt to consult with its employees before making 3,358 employees redundant on 19 September 2014.

Speaking at the hearing, Employment Judge Lloyd said: “There was no attempt to consult with [employees] or to elect representatives to enable such consultation to take place. No suggestion has been made that there were special circumstances that rendered such consultation not reasonably practicable, or which mitigate against the failure to do so […]

“In the absence of any evidence that points to the employer attempting to comply with its obligations or any mitigating circumstances, I conclude there are no grounds for me to reduce the same and the protective award shall therefore be the maximum of 90 days.”

Daniel Kindell, an associate at Morrish Solicitors said: “We are delighted to have been able to secure the best possible result in this case for employees at head o�ce and the largest retail store.

“Consultation laws are designed to make sure that employees have every opportunity to feed back into the redundancy process before dismissals take e�ect and, if job losses can’t be avoided, to make sure as much as possible is done to minimise the impact.

“Companies that enter into administration and dispense with their

sta�, without advance notice or consultation, all too often have complete disregard to the impact on the individual, their families and their communities. The tribunal’s judgment recognises the severity of Phones4U’s failure to consult and we hope it gives ex-employees some sense of justice.”

Employment Tribunal rules in favour of sacked Phones4U workers represented by Morrish Solicitors

NewsBusiness development

News Business development

Torque Law, a new specialist employment law �rm, has o�cially opened its o�ce on the outskirts of York.

The �rm, founded by Tiggy Cli�ord and Emma Whiting, had its launch party on 9 February at Pairings Wine Bar in York.

The event was attended by over 60 clients and contacts and marked Torque Law’s sixth month of trading in which time it has secured mandates from the likes of Sirius Minerals, Beverley Building Society and York College.

Cli�ord and Whiting – who have known each other since their days as students at the University of Leeds – said that they set up the �rm in direct response to the growing demand from Yorkshire SMEs for high-quality, tailored employment law advice and training without the big �rm price tags.

“We decided that the timing was right to combine our 30-plus years of experience of helping business owners to untangle employment issues,” said Cli�ord.

“We pride ourselves on putting ourselves �rmly in our clients’ shoes and giving the advice which is best for them.”

Speaking about the launch party, Whiting said: “It was great that we were able to treat our guests to an evening with a di�erence, sampling expertly paired wine and Yorkshire beer with locally sourced produce.”

Taylor Bracewell has converted to an Alternative Business Structure (ABS).

As part of the conversion, the Doncaster and She�eld �rm has made Clare Ashby (pictured), the �rm’s practice manager, a partner.

Taylor Bracewell is one of very few �rms in the South Yorkshire area to have moved to the new business model, which has been taken up by about 5% of the UK’s legal practices.

Sharon Beck, the new ABS’ managing partner, said: “I am delighted to welcome Clare to our partnership. These steps help us to stand out from the crowd in the legal world. The �rm is breaking new ground in recognising that it is not exams which were taken many years ago that qualify people to sit around the partnership table.”

“I am also excited to lead and to be part of such an innovative and forward thinking Law Practice. At Taylor Bracewell we aim to promote people based on their talent and abilities. Having the very best talent means we will o�er exceptional solutions and services for our clients.”

Boutique employment practice Torque Law hosts launch party in York

Taylor Bracewell becomes an ABS


Should my law �rm owners all be fee earners and do I need them to be owners?

I’ve been asked this many times, particularly in recent months and this was also discussed at a recent bank professionals dinner. I tried to put my view point across, but wine may have hindered me on that occasion!

For me, the only reason that law �rms have so many owners is the working capital funding that they require. Law �rms have far more owners for their turnover than virtually any other type of business. Succession is driven by the need for partners to have their capital accounts repaid on exit. What do those capital accounts represent? Working

capital. If law �rms could reduce their lock up – the time taken between performing work and getting paid for it – then they could reduce their reliance on the number of owners.

There is a question mark over whether the majority of those people are actually owners or whether they are workers, but that is one for another day.

Fewer owners would mean more pro�t per owner, easier management, quicker decision making, and the ability to make capital gains on their investment in the business, rather than purely using the �rm as an income generator.

The question thrown back at me is usually, how do we keep hold of our good people that want to be partners?

For me, the holy grail of partnership is not what it once was and it is actually becoming more di�cult to �nd people that want the risk of partnership. For those that want the title, they can still have the title of partner but that does not necessarily mean ownership or involvement in management decisions.

Public perception of those people will still be that they are being dealt

with by a senior person, but again, whether that is still important and as relevant is one for another day...

Firm adviceAndy Poole, the Legal Sector Partner at Armstrong Watson, answers your strategic and financial questions every edition.

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 ask Andy a question that may be featured in this column, email [email protected].

- To contact Andy directly, call 0113 221 1300 or email [email protected]

Armstrong Watson has been exclusively endorsed by the Law Society for the provision of accountancy services to law firms throughout the North of England.

In association with


Kate Maybury, a senior associate at Raworths, has been appointed the new President of the Harrogate and District Law Society.

Maybury, a specialist in trusts, wills and estates, will be the representative for the district’s legal profession over the next 12 months, overseeing items such as training and education as well as communicating on behalf of members. She has worked at Raworths since 2011, is a member of the Society of Trusts and Estate Practitioners (STEP), and the

founder and former chair of the Probate Group at She� eld Law Society.

“I am delighted to accept this

prestigious position and look forward to supporting the profession in the Harrogate District over the coming year,” said Maybury.

“This district’s legal fraternity continues to thrive and accommodates high calibre � rms and individuals who enjoy a signi� cant regional and national presence.”

The Harrogate and District Law Society has existed for nearly 100 years and the Harrogate District currently has over 350 solicitors.

AWB Charlesworth Solicitors has been shortlisted for Best Financial and Professional Business in the forthcoming Skipton Business Awards.

The Keighley, Skipton, Bradford and Bingley based � rm has expanded its practice in the last year to over sixty sta� , serving business and private clients across four o� ces. The � rm has been shortlisted for its many e� orts to connect with local communities and businesses. Its successful Women@Work networking group regularly welcomes over 60

business women from the Aire-Valley, while the � rm’s partners and practice manager are involved in the Skipton Chamber of Trade, the Keighley BID committee and the Bradford Chamber of Commerce.

In addition, the wills, trusts and probate team has assisted its local GP surgery in supporting those in the local community who are experiencing bereavement or simply need to know more about practical arrangements when someone dies. Partners and solicitors from the

property, family and private client teams also provide advice at local school and college career fairs.

Partner Declan Hayes said: “It is wonderful to be a � nalist in this category. First and foremost we work hard to provide expert legal advice tailored speci� cally to our clients’ needs. We also want the business to make a positive contribution to the local community. All the sta� can be really proud of their part in making the � rm stand out to be shortlisted for this award.”

Kate Maybury becomes the Harrogate and District Law Society’s new president

AWB Charlesworth shortlisted for Skipton Business Awards

Business development

Stowe Family Law has been bought out by Livingbridge, a private equity � rm, for over £10 million.

The specialist family law � rm, which was set up by Maryilyn Stowe in 1982, has acted for over 20,000 clients and has a network of ten o� ces across the UK.

Livingbridge has said that it will help the � rm to build a larger national footprint and is planning to open up to 30 additional o� ces over the next � ve years. The deal will allow Stowe to explore new opportunities.

“I will always be involved with the � rm, and I am particularly thrilled it will continue to bear my name,” she said.

“It has been my most important ambition for

this � rm and its clients to thrive following my departure and I have achieved this with Livingbridge. Today also marks an incredible personal milestone for me, having built Stowe Family Law up over decades from a converted cobbler’s shop in East Leeds.

“The families and individuals that my fantastic team and I have helped have always been at the heart of my career. I went into the legal profession to give

back to society and to � ght injustice and that’s a legacy I know will be continued by all my colleagues at Stowe Family Law. I’m now very much looking forward to exploring new

opportunities to use my experience to help address some of the issues

that matter most to me.”Charles Hartwell, the CEO

of Stowe Family Law, said that the future for the

� rm looked very

bright following the investment from Livingbridge.

“We have a great team, o� ering exceptional service in di� cult cases and the investment will allow us to take our personal service to a much wider audience across the country. We will always pride ourselves on our expertise, authority and commitment to delivering straightforward advice in a professional and caring way,” he said.

Daniel Smith who works in the investment team for Livingbridge, said that the � rm was a great success story and that it had become the largest specialist family law � rm in the UK under Stowe’s ownership.

“ Livingbridge is delighted to have the opportunity to invest in SFL and work with the team,” he said.

“The business is in fantastic shape with a talented team of leaders, solicitors and sta� who are at the top of their game. We look forward to working with SFL to

continue delivering great client service and to grow the

business further.”

Stowe Family Law sold to private equity � rm for over £10 million



Events

Shulmans has helped UCFB Wembley to host this year’s National Sports Law Negotiation competition.

The event, which is in its second year and took place on 1 March, saw students in higher education institutions from around the country compete in mock negotiations dealing with issues currently a�ecting the sports industry.

UCFB Wembely, which is based at the country’s national football stadium, is dedicated to the delivery of undergraduate and postgraduate degrees in the operational and business areas of the football, sports and leisure industries.

Twenty teams competed against each other at the event, including two from UCFB, in negotiations that ranged from commercial sponsorship deals, breaches of contract and doping allegations.

The teams were scored by a panel of 30 judges from the sport and law sectors, including The Football Association’s head of judicial services Mark Ives, UK Sport’s head of governance Jane Purdon, and the Rugby Football Union’s legal counsel,

Stuart Tennant.Students were judged on their ability

to capture the �nancial and commercial outcomes presented to them by their respective clients, with less emphasis placed on the law aspect.

The day also o�ered students the chance to network with a number of professionals from the sports law sector.

Speaking before the event, Sara Hale, the Sports Law programme leader at UCFB, said: “It’s an honour for UCFB to host this year’s National Sports Law Negotiation Competition. This event is the perfect opportunity for young and ambitious students to showcase their

talent and make key contacts for their future careers.

“We’re really looking forward to welcoming all students, judges and o�cials from Shulmans to the state-of-the-art Wembley Stadium.”

Ryan Adams, a solicitor at Shulmans and a specialist in commercial and sport law, said: “The National Sports Law Negotiation Competition is the perfect opportunity for students to test their negotiating skills and be judged by some of the very best in the business.

We’re excited the take the competition to such an iconic venue and wish to thank UCFB for being willing hosts.”

Shulmans helps to host prestigious national sports law negotiation competition at Wembley

We areBlacksOur #BestStaf� nLeeds hashtag says it all.

We are movingIn early April, we arrive at City Point, on the cornerof King Street and Park Place, in the heart of theLeeds business district. Our new prestigious location provides a convenient and outstanding working environment, seconds away from Leeds train station.

We are recruitingAre you interested in joining our dynamic,award-winning team? If so, we would love to hearfrom you. Our HR Manager, Ruth Thompson is available for informal and discreet conversations,please call 0113 322 1996 (ext. 4996) or email: [email protected]

2016

www.LawBlacks.com

Leeds Junior Lawyers Division (JLD) arranges educational, charitable and networking events for junior lawyers in the Leeds area. www.leedsjld.com

New year, new challengesAs we move into a new year, the committee has been very busy planning and organising another fantastic year of events, educational experiences, and charitable fundraisers. We are so thankful to our sponsors Cape Clarke, BCL, Think Legal, and Anakin Seal to name a few who have helped bring together junior lawyers all around Leeds and other parts of Yorkshire for social, informative, interactive networking events. The committee is so excited for the year ahead.

We have had the pleasure of contributing to our chosen charity of the year, Emmaus Leeds, by organising fantastic events with more to come. Our Christmas Quiz alone raised an amazing £210 for the charity and it was great to be in the company of the wonderful people that make up the charity. We are excited to continue working with Emmaus and look forward to future fundraising events.

We have had some really exciting events so far this year, including an Evening of Yoga with Bond Dickinson. The session was run on the evening of 19 January at 6pm and was followed with the opportunity to chat with fellow yogis and share some delicious food from Victoria Gate’s Le Pain Quotidien.

We’ve also had a number of NQ events such as an Anakin Seal-sponsored NQ drinks on the 22 February at Wino, and the second BCL career talk on the 2 March. Sacco Mann will also be hosting a careers evening on the 16 March at Veeno, so keep on the lookout for more information in the near future.

As for the national committee, a signi�cant focus for the JLD in 2017 will be mental health and wellbeing. In due course a survey will be released and we would encourage all of our members to respond (anonymously if you wish). We also encourage any of our members who have concerns in this regard to get in contact with us.

Make sure you are signed up to our mailing list, follow us on Twitter, Facebook, and Linkedin to keep up to date with our upcoming events.

JLD members update

NewsSocial & Charity

Members of the family law team at Taylor&Emmet have donned their dancing shoes to show love and support for female victims of violence.

The team joined organisations across She�eld at a Valentine’s Day Flash Dance in the Peace Gardens to demand an end to the abuse and exploitation of women. The hour-long celebration of music and dance was held at lunchtime on 14 February and was organised by the global movement One Billion Rising as one of a series of events taking place across the UK.

Michaela Heathcote, head of family law at Taylor&Emmet, said: “We see �rst-hand the devastating physical and emotional e�ects of domestic abuse and feel passionately about drawing attention to the plight of those subjected to violence and intimidation.

“By gathering together for such an uplifting, fun-�lled event, we are demonstrating our solidarity with

women and girls caught up in these situations and showing there are people out there who care about their welfare.”

She�eld Rising, the city’s One Billion Rising branch, claims that South Yorkshire Police are called to 1,000 domestic abuse incidents in She�eld each month and 33,000 across the region in a year. It also states that 6,000 women and girls are subjected to sexual assault in the city annually.

Irwin Mitchell partner Matthew Palmer is running the London Marathon on 23 April to raise money and awareness for national assistance dog charity Support Dogs.

She�eld-based Support Dogs trains and provides specialist assistance dogs to deliver life changing support to children with autism and adults with disabilities and epilepsy. It was one of Irwin Mitchell’s charities of the year for 2016.

Palmer is an associate director and head of portfolio delivery at the �rm’s She�eld o�ce. He will join more than 30,000 other runners to take part in the 26.2 mile marathon through the streets of London and hopes to complete it in a personal best of three hours and 50 minutes.

He is also aiming to top his fundraising target of £1,500. The money will be added to Irwin Mitchell’s total and be spent on training and the lifetime support needed for ‘Mitchell’, the trainee assistance dog named by the law �rm.

“I am a dog lover and know the value having dogs has given to me and my family,” said Palmer.

“Over the past year, Support Dogs

has frequently visited our o�ces and I’ve been very impressed to hear about the life-changing work that they do – especially with children with autism.

“Training six days a week is hard during the winter and sometimes it is only my commitment to the charity that gets the shoes on my feet when it’s dark outside and the temperature is minus two degrees. Thinking of the good use Support Dogs can put this money to really sustains my motivation.”

Taylor&Emmet family team join in �ash dance to support abuse victims

Irwin Mitchell partner runs London Marathon for Support Dogs


EventsSocial & Charity


The Art House in Wake� eld has welcomed Joanne Coen, a partner at Ramsdens, onto its board of trustees.

The Art House provides an expanded programme for artists requiring studio space, time and support. It has a legacy of working with – and providing support for – disabled artists.

Coen, who is head of the child care team at the � rm, said that it was an exciting time to be joining the initiative.

“Such fantastic work has been done to provide wonderful opportunities for artists to work within an amazing building,” she said.

“The ambitious artistic programme has national implications as well as international elements – I am really looking forward to supporting the potential being realised for artists especially those who have been disadvantaged.”

John Harris CBE DL, deputy chair of The Art House, said: “We are delighted to welcome Joanne as a trustee of The Art House. This is an exciting time for us as we realise the potential of the organisation in supporting the development of artists in their careers, particularly those who are disadvantaged.”

“Joanne’s work with children and families as well as her legal, business and commercial experience will be very valuable to The Art house as a trustee.”

This year’s Bradford Law Society Dinner will take place at the Midland Hotel in Bradford on the evening of Friday, 5 May.

Last year’s dinner was a resounding success and was attended by former Scottish prison governor Robbie Glen and the Lord Mayor of Bradford, as well as members of the local judiciary and presidents of other local professional associations.

Tickets are £50 each and can be obtained from the Society’s Secretary, Adrian Green of Stachiw Bashir Green. He can be contacted at 656 Great Horton Road, Bradford BD7 4AA, by telephone on 01274 404010 or via email at [email protected].

Ramsdens partner joins The Art House as a trustee

Bradford Law Society annual dinner to take place in May


Clarion

Clarion has added Emily Grimshaw to its litigation team. The associate previously spent two years

as a litigation solicitor at Walker Morris in the �rm’s banking litigation department. Her experience includes acting on behalf of major �nancial institutions in relation to complex, large scale fraud claims and professional negligence matters. “With its strong reputation as one of the leading litigation practices in the region, joining Clarion is a great opportunity for me to learn from a highly respected team,” said Grimshaw.

Bevan Brittan

Bevan Brittan has appointed James Atkins as a partner in its healthcare property team in Leeds. Atkins

joins from Capsticks, where he was an associate. He has considerable experience advising healthcare bodies including NHS trusts and foundation trusts on all matters relating to their estates. Rob Harrison, head of healthcare property at Bevan Brittan, said: “I am very pleased that James has joined us, strengthening our healthcare property o�ering in the North and nationally. He has undoubted expertise in his �eld.”

Barton Legal

Tom Humphrey has successfully completed his training contract at Barton Legal and quali�ed as a solicitor. He joined

the �rm in 2011 as a paralegal and went on to complete his GDL and LPC at BPP in Leeds. Humphrey’s work is split between construction and commercial property related matters. The �rm has also appointed Jessica Gates as a trainee solicitor. Last Autumn Gates returned home to Yorkshire after gaining international experience in the Middle East, New Zealand and Australia in various commercial practice areas.

hlw Keeble Hawson

hlw Keeble Hawson has appointed an HR manager to drive recruitment and training. Joanne Everist has

gained extensive experience in managing sta�ng requirements for the legal sector and will oversee recruitment, induction and training across the �rm’s She�eld, Doncaster and Leeds o�ces. Also joining the �rm is commercial property lawyer, Ellen Osborne (pictured right), who has formally joinined the practice following her recent quali�cation. The former trainee gained experience at a South Yorkshire practice before moving to the �rm’s She�eld o�ce.

Andrew Jackson

Andrew Jackson has appointed Adam Sinclair as its new business development director.Sinclair’s arrival

comes shortly after the �rm opened its latest regional o�ce in Scarborough. Sinclair has worked in senior management in Yorkshire for many years as managing director of a large family business. Sinclair, who has also chaired York’s new Business Improvement District, comprising over 1,000 businesses, said that he was excited to be joining Andrew Jackson, which he said had made great strides regionally, nationally and overseas.

Ward Hadaway

Simon Hellewell has joined Ward Hadaway’s Leeds o�ce. The former hlw Keeble Hawson man has more than 20 years’ expertise in

a range of di�erent real estate �elds with particular strength in the house building sector. He has advised a range of residential developers on matters including land acquisition and assembly on sites ranging from a handful of houses to major 300-home estates. Outside of the house building sector, Hellewell has worked with developers, investors and lenders on a broad spectrum of matters.

Morrish Solicitors

Hannah Boynes has become a solicitor in the Leeds employment team at Morrish Solicitors. Boynes was admitted to the Roll in 2012 and

obtained Higher Rights in 2014. She will be dealing with a wide range of employment matters including unfair dismissal and discrimination. Another new recruit, Steven McMaster, has joined the �rm’s residential property team. He brings a wealth of experience in all aspects of conveyancing including sales, purchases, transfers of equity, re-mortgage and dealing with large developments.

Wake Smith

She�eld �rm Wake Smith has appointed Suzanne Porter (pictured. left)

as a director in its private client team. She brings signi�cant experience in wills, probate applications and estate administration, inheritance tax planning, and trusts to the �rm. Porter will work closely with the current head of the private client team, director Andrew Vidler (pictured, right), and will take over from him as head of the department from May 2017. “Wake Smith has an excellent name and reputation. I am delighted to join the �rm,” said Porter.

NewsAppointments

Bury & Walkers Solicitors

Scarlett Cooke has become the newest member of Bury & Walkers Solicitors’ commercial department. Prior to her appointment, Cooke

worked at Addleshaw Goddard. She has experience in commercial dispute resolution, debt recovery and intellectual property and the construction and engineering sector along with retail and banking. The commercial team have specialisms in landlord law, employment law and debt services for businesses. Michael Burke, joint managing partner, said: “Scarlett will be a valued addition to our team, she has a varied background and will �t in well.”


News Legal & community

The charity that is running Hull’s 2017 City of Culture programme has welcomed Rollits as a partner.

Hull UK City of Culture 2017 was set up to deliver the Hull 2017 programme and has raised £32 million, with over 60 partners supporting the project, including public bodies, lottery distributors, trusts and foundations and local and national businesses.

As part of the partnership, Rollits has agreed to second a trainee solicitor to Hull 2017 for 18 months as well as providing a legal helpline service for the company.

Ralph Gilbert, the �rms’s managing partner, said: “We are rooted in Hull and our partnership with Hull UK City of Culture 2017 allows us to play a small part in helping to deliver an amazing year-long festival of eclectic events throughout the year.

“This is our city and our heritage, and we are proud to be part of this transformational year, helping to make Hull a better place for the people who live and work here.

Gilbert added that the �rm’s founding

partners had played a major part in the development of the city and that Rollits saw 2017 as “a golden opportunity” for Hull to shine on the local, national and international stage.

Martin Green, CEO and director of Hull 2017, added: “With such strong and long-standing roots in Hull dating back to 1841, Rollits plays an integral part in the culture of the city so we are delighted to welcome them on board.”

Over the last 175 years, Rollits – which has a long tradition of its lawyers being actively involved in local charities, churches, schools and politics – has occupied various premises, all within a stone’s throw of each other in Hull’s old town.

Hull secured the title of UK City of Culture 2017 in November 2013. It is only the second city to hold the title and the �rst in England.

Divided into four seasons, the nationally signi�cant event draws on the distinctive spirit of the city and the artists, writers, directors, musicians, revolutionaries and thinkers that have made such a signi�cant contribution to the development of art

and ideas.The Department for Culture, Media

and Sports has chosen the UK City of Culture every four years since 2010. Derry-Londonderry was the �rst UK City of Culture 2013 and Hull was selected as UK City of Culture 2017 in 2013.

However, the Department is reviewing the timing of the next UK City of Culture competition as the UK is scheduled to host the European Capital of Culture in 2023.

Charity running Hull’s 2017 City of Culture programme welcomes Rollits as a partner

Pictured (L-R): Steve Le Cornu, (trainee solicitor, Rollits) Liz Draper (head of corporate partnerships, Hull 2017) Ralph Gilbert (managing partner, Rollits) Pat Coyle (marketing director, Rollits)

Our specialist legal sector team is growing to support even more law firms

Armstrong Watson Accountants and Financial Advisers is a trading style. Armstrong Watson is a partnership under English law. A list of partners is available at the principal place of business, 15 Victoria Place, Carlisle, CA1 1EW. Armstrong Watson is regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities.

Contact us to arrange a meeting to find out how we can help you.www.armstrongwatson.co.uk/legalsector

Mark Baines, Legal Sector Manager Tom Blandford, Legal Sector Director Andy Poole, Legal Sector Partner [email protected] [email protected] [email protected] 0113 221 1300 0113 221 1400 07828 857830

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms throughout the North of England.

Due to increased requests for help from law firms, we’re delighted to announce that Tom Blandford has been appointed as Legal Sector Director, based in our Leeds office. Like the rest of our specialist team, Tom will focus 100% of his time in supporting lawyers.


Patrick Walker considers when to take somebody at their word and starts 2017 under robotic control

Comment Patrick Walker

Nothing like the present

“No presents,” she said. “No presents,” we agreed.

So why on Christmas morning was a parcel the

size of a large box of After Eight mints sitting where my cereal bowl should have been?

I have lost count of the number of friends who have reacted without hesitation, “You fool, you KNOW they don’t mean it.” But I had taken her at her word and at least she continues to protest that she wanted nothing. On this occasion, I delivered.

The large box presented a small piece of electronics to attach to my wrist. Soon I was walking to every corner of the apartment in search of a signal su� cient to pair the watch with my phone, and found myself frustrated like a small boy with a battery powered toy, no batteries and no shop open for days. The answer was a Christmas drink in a bar with wi� . Within a few minutes I was paired, but like most marriages, I had not worked out that my life would never be the same again.

Ready access to texts

emails and calendar is handy, but monitoring of my heart rate

and lack

of activity is altogether more sinister. At � rst I took a casual interest in the steps I had taken, and the calories expended, but soon it became clear that the device takes a close interest in me. Instructions to stand up, complete my (very modest pre-set) targets and even to breathe have become a regular intrusion into my apparently sedate life. And because cycling does not register as a step, and must be separately monitored, my watch is convinced I am even lazier than I actually am.

I know, I could turn it o� . I should programme it to be more subservient, but its prompts are strangely addictive and while the data may be less than precise, it does give a pretty good indication of whether I should be more active on any particular day.

But why do I need such prompts? Why am I so slow to heed the natural prompts of the body reminding me to exercise more, eat less, take deep breaths and get enough sleep?

It is easy to blame a busy schedule and the pressures of work, but I guess it all comes back to priorities. If I exercised for half an hour each morning before doing anything else, I could improve my � tness, or at least slow its decline, and at the same time silence the nags of Wanda the watch.

I have just walked to the Boulangerie and back up the hill. It is a steep climb, but the exercise doesn’t count. Firstly because it will be more than o� set by the consumption of breakfast, and secondly, because I forgot to wear Wanda. Furthermore, she is slow to

acknowledge skiing as exercise, perhaps because she has analysed the fat content

on the lunchtime cheese board.It’s probably just as well that

I forgot to make any new year resolutions because by now they would be consigned to the good-intentions-maybe-next-year tray. Instead I have acquired a constant

companion to cajole me to better things, but without having to

pray or go to confession. I feel a little � tter already, and curiously,

much more positive about the cold damp winter to which I am about to return.

Perhaps it makes some sense of the sign outside our local gym which proclaims “Health makes you feel now is the best time of the year”.

Patrick Walker is an independent mediator: www.imediate.co.uk

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PSG on how to protect you, your � rm and your clients’ funds from cybercrime

Getting your cyber security right

Cybercrime, phishing and scam emails. Unfortunately these are all too familiar phrases in our modern technology driven world. Cybercrime is now one of the most prevalent crimes in the

UK with fraudsters using increasingly sophisticated tactics to in� ltrate computer systems and divert funds.

Action Fraud, the national fraud and cyber-crime reporting centre, revealed last summer that a startling £1 billion had been lost by businesses to online crime in the previous twelve months. The legal sector is a huge target, and it will come as no surprise that the large money transfers involved in conveyancing act as a signi� cant draw for cyber criminals.

Research conducted by the SRA shows that a quarter of UK law � rms have been targeted in one form or another by online fraudsters, with one in ten of those cases ending in the loss of client funds.

It is of upmost importance, not only from a compliance perspective, but also to preserve your reputation, that law � rms remain vigilant in the � ght against cyber-crime and are aware of the tactics that are being used to gain trust, obtain personal information and divert client funds.

Emails scamsCyber criminals will often seek to use the name and address of existing � rms, and even the name of individual solicitors to confuse the intended target and get them to reveal sensitive information. These emails can be extremely di� cult to detect amongst your usual communication to your clients. They can feature your logo and footer information and can even include links to websites that are cloned from your own to make them appear genuine.

Such emails will sometimes contain links or attachments

which when clicked will download Malware – programmes which can allow them to harvest data directly from your computer.

In January of this year alone, the SRA scam alert system was triggered 15 times.

Keeping information safe There are, of course, steps that you can take to protect your � rm and clients from the risk.

If you use a cloud server to store information, as so many people do these days, you need to ensure that it meets with requirements of your regulatory body, that it meets your legal obligations under the Data Protection Act and that you have performed stringent due diligence to ensure that your data is secure from hackers.

You should also regularly review and update your Malware protection and ensure that all sta� are fully trained in how to identify and safeguard against a cyber-attack. Back up data and consider implementing a cyber security policy. If you receive a suspicious email, especially on a Friday afternoon, follow your instincts and check it out further.

How can PSG help?The latest addition to our range of risk management products, our integrated AML solution from global identity data specialists GBG, includes an optional bank account validation and Vveri� cation service.

Accessible and usable worldwide, it checks bank account, name and address details against the latest reference data – online and in real time to verify that the account belongs to the customer. The check will alert you when an entered bank account has been closed, when a match hasn’t been found or if account details known to be fraudulent are supplied, allowing you to protect all parties in the transaction.

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Cover storyFee transparency

In December, the Competition and Markets Authority released a report which concluded that there is not enough information available on legal fees for businesses and individuals. The SRA has now said that it will consult on the matter. But is the Regulator right to demand that � rms publish their fees?

On the road to fee transparency

After the completion of a year-long study into the legal services sector, the Competition and Markets Authority (CMA) announced in December that competition in legal services for individual

consumers and small businesses was not working well. The CMA said that there was not enough information

available on price, quality and service to help those who need legal support choose the best option.

Following the CMA’s report on the issue, the SRA said that it was looking at launching a consultation on publishing fees. Crispin Passmore, executive director of policy at the SRA, said that the consultation on the new rules around fee transparency would probably come out in the summer.

According to Passmore, if publishing prices became a requirement, then it would only apply to three or four areas of work at � rst, such as will writing and family law.

The news came shortly before the UK’s � rst legal comparison site, The Law Superstore, said that since August last year it had saved customers hundreds of thousands of pounds in quality legal services, from conveyancing to will writing.

Leeds & Yorkshire Lawyer asked a few � rms whether they agreed with the idea of forcing � rms to publish their fees. Here’s what they had to say...

Zoe Robinson, managing partner, Raworths“Creating greater transparency for the customer is positive and could in turn make some legal services more accessible for individuals, so for the most part this is a welcome move where there are standard, process driven matters.

“However, even in those areas where a pricing structure might be easier to apply (areas such as will writing or conveyancing) complexities can still arise. This makes it di� cult to apply a � xed pricing structure.

“At Raworths fees are discussed with the client from the outset and at every corner for that matter – this is where our transparency lies. The nature of the service we o� er our clients, along with the complex and specialised work we do, makes it di� cult for us to operate with � xed fees that could be published upfront. We are led by our clients in every matter, and by � xing a fee we could undermine our own ability to act in their best interests, indeed such a pricing strategy takes from the client the ability to dictate to us where and how they would like matters progressing.”

Don Bird, senior partner, Atherton Godfrey“It is important that the SRA bear in mind that this issue has signi� cantly di� erent implications for di� erent sectors of the legal profession.

“Clients in many High Street areas increasingly expect



greater transparency in any event and are more inclined to shop around. In relation to family law, we already publish our � xed fees on our website and have done so for some time, as do other � rms in our area. We have not identi� ed any disadvantage in doing so. Similarly, in the case of will writing and conveyancing, if clients are shopping around they expect to be able to easily establish what a � rm would charge for their matter.

“The situation where there is any commercial aspect to a matter is very di� erent. Business people expect us to provide quotes, sometimes a � xed fee for a particular job, but it is not practicable to standardise in this area and publish � gures on the web site.

“The publishing of hourly rates would be wholly misleading – does a higher hourly rate mean a � rm is better (and if so on what basis and what evidence is there of this) or simply that they are more expensive? Would a � rm with a higher hourly rate do the job more e� ciently, and therefore ultimately cheaper, or would the overall cost be higher? A consumer would have no means by which to judge this.”

Chris Newton, managing director of Newtons Solicitors“Is this a welcome move? Of course it is. It is such an important issue for many clients, especially when they aren’t used to instructing solicitors or are dealing with a solicitor for the � rst time, that anything that builds con� dence and removes worry in what is regularly a stressful process for clients is to be welcomed.”

Peter Watson, managing partner at Simpson Millar “Simpson Millar has for a number of years published and indeed marketed products to consumers using � xed fee structures in a number of practice areas. We publish charges in seven practice areas including family services, employment, private client, immigration and education law, with more areas joining the stable as we build � xed fee structures into our business process. I’m satis� ed we would be able to work with the regulator if it mandated this type of transparency.

“We have focused our e� orts on putting the consumer at the centre of the process; delivering � xed cost, transparent products that meet their needs in a variety of situations. It may be that some � rms are unable to deliver existing services using this model, and will have to make changes in order to compete. Consumers are already shopping around for the best legal services but that still includes service levels and expertise, not just price.”

Lindsay Dixon, solicitor, Legal Studio Solicitors“The team at Legal Studio is made up of self-employed consultant solicitors so our � exible working model enables us to be competitive on fees. This is de� nitely the way forward. Although not currently published, we do o� er our clients transparency on fees. As clients become more cost conscious, the traditional law � rm model does not provide that same � exibility.”

Anthony Long, chief executive of Taylor&Emmet “As a business, Taylor&Emmet has always maintained clients

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– be it a businessman wishing to purchase a multi-million pound company, or a young couple buying their �rst house together – should know exactly what they are paying for from the outset.

“I am sure all law �rms would agree, the greater the degree of transparency surrounding our costs, the happier we make the public. In our experience, providing we truly understand what the client is seeking to achieve and we have all the relevant information, in the majority of cases, we seldom have di�culty quoting a transparent, �xed price for our service.

“Of course, there are circumstances, for example, a particularly complex divorce or an intricate, multi-party commercial dispute, when the solicitor can only provide a broad estimate of the likely costs, re�ning that estimate as the matter progresses.

“I �nd it di�cult to comprehend the CMA’s conclusion that competition in legal services for individuals “….is not working.” Recent Law Society statistics show there are around 10,000 �rms in the UK and even when you deduct the international and regional giants who tend to act for businesses, there are very few towns without a local solicitor or two. When the number of law �rms is coupled with the ease of access to information online, individuals, in my view, have a plethora of choice.

“The challenge for us now is not to embrace or fend o� comparison sites, but to ensure we truly educate clients about the value for money law �rms can provide. Instructing a solicitor, irrespective of the service one seeks, is not the same as buying motor insurance or personal healthcare cover, where it is easy to compare one o�ering with another.”

“I have no issues with the potential emergence of costs comparison sites. I believe they are destined to fail simply because they are intrinsically unable to re�ect the very personal nature of legal services. No two divorces, wills or conveyancing transactions are ever the same and we law �rms need to remind ourselves, as well as clients, that we are resolving human issues. It is for this reason – and this reason alone – that we do not publish our �xed fees.”

Tim stone, partner, 3volution “We don’t publish fees and I know a few �rms that do some of what we do (IT contracts/intellectual property, reviews of T&Cs and employment contracts) where you sometimes see �xed pricing.

“But it’s one thing to knock up a standard set of terms and conditions that will work for a supplier of services or goods. It’s another to understand the business to make sure that you’ve got everything that’s appropriate in there, because sometimes something that would work for 9 out of 10 businessess is absolutely not going to work for the tenth.

“What we �nd generally, is that the consumer in my experience, even at the more sophisitcated end, knows they can get quotes for corporate transactions and employment jobs. And the di�culty we have with it, is that we are realistic. When someone asks us, what is x going to cost, and it’s something that we have a broad idea of, then we have found ourselves to be the more expensive option than �rms that are many times larger than us. And every time it happens, we wonder, ‘how on earth are they managing to do that work at the price?’

“Sometimes when there are funders involved, clients use other lawyers as the funders want them to and then they

get a quote and then come back to us saying, ‘Actually that cost 50% more because it was out of scope’. So you �nd that what is other people’s ‘out of scope’ is actually within the scope of what you were quoting for.”

Last April, the Legal Services Board (LSB) released a study which laid out how much legal services cost in a number of areas, including wills, conveyancing and divorce.

It showed a large variations in fees and also found that only 17% of �rms displayed their prices on their websites. It also discovered that licensed conveyancers and will writers were more likely to publish prices than solicitors and were usually cheaper than those who did not.

Neil Buckley, the LSB chief executive, said that the research demonstrated that it paid for clients to shop around and that market disrupters could force the profession to become more transparent.

“The legal services market is changing and we are seeing numerous signs of innovation as new providers enter the market and existing providers develop their services,” he said.

“But there is still some way to go before all consumers can be con�dent of �nding the legal service they need at a price they can a�ord. Firms who are yet to adapt will have to look at what their competitors are providing. This is a market with huge potential for delivering a better deal for consumers.”

Following in the LSB’s footsteps, in December, The Law Society published a toolkit on price and service transparency.The 12-page guide was designed to help solicitors to consider how to provide the most accessible and useful information to clients at each stage of their legal issue, whether online, face-to-face or in client letters.

The toolkit also explained what price and service transparency is; what clients could be told before engagement, including how to promote information online; how to tell clients about costs and service upon and during engagement; how to encourage clients to give feedback; and how to respond to online reviews.

Chancery Lane also said that while 48% of clients now pay for legal services via a �xed fee, rising to 68% in conveyancing, advertising prices was not possible in every situation.

“Solicitors understand the importance of providing information at every stage of dealing, enabling consumers and clients to make informed decisions,” said Law Society president Robert Bourns at the time of the toolkit’s release.

“[But] for many legal services and transactions it may not be possible to advertise prices that match every possible scenario or client.”

“Many clients seek legal advice at moments of great anxiety and stress. This toolkit will help solicitors provide people with the best possible cost and service information to help reduce uncertainty and provide a transparent structure to their legal a�airs.”

Preparing for price transparency

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Uche Onukaogu on the new landscape for continuing professional development

Staying on top of continuing competence

F rom 1 November 2016, a new regime for continuing professional development (CPD) became compulsory for all solicitors.

The regime, which was optional from 1 April 2015, introduces the SRA’s new approach to CPD as one of continuing competence. This new approach requires solicitors to re� ect on the quality of their practice, and identify any learning and development needs. Solicitors must keep a record of this re� ection and plan how to address those learning and development needs which have been identi� ed to ensure that their skills and knowledge remain up to date.

This re� ection will take place by reference to the ‘competence statement’ which is a central element of this new approach.

The competence statementIn the competence statement, the SRA articulates the skills, knowledge and behaviour a solicitor must demonstrate in order to remain competent. This is set out under four broad headings, namely:– Ethics, professionalism and judgement– Technical legal practice– Working with other people– Managing themselves and their own workUnder each heading is a list of examples giving further details of what it means for a solicitor to meet that particular competency and thus ensure they are delivering a good standard of service (see www.sra.org.uk/competence). These requirements re� ect the regulatory obligations placed on solicitors given that, meeting the competences set out in the competence statement, forms an integral part of the requirement to provide a proper standard of service in accordance with the SRA principles (2011).

The new approach The new approach to ensuring continuing competence is less prescriptive than the previous blanket requirement to undertake 16 hours of CPD training. The old regime was seen by many as a tick-box exercise, satisfying an arbitrary � gure and applying to all solicitors, irrespective of their career path and was no guarantee of competence.

Solicitors are now tasked with thinking about what they need to do in order to deliver a proper standard of service and meet their regulatory responsibilities. The SRA does not specify how solicitors assess their learning and development needs, rather it o� ers solicitors the freedom and � exibility to do this as they see � t.

Continuing competence in practiceAs stated, the competence statement provides the threshold

standard against which solicitors will be adjudged to be delivering a good standard of service. In addition, the statement can also be used as a mechanism or framework for solicitors to re� ect on their practice and identify any learning and development needs they have.

Compliance with the new regime does not bring with it any requirement to create new frameworks. Firms may choose to interweave the competence statement into their own existing performance culture. For instance, it can be incorporated into appraisal processes, and be used to identify any gaps in learning. Equally, where there is no performance framework in place, the competence statement can be adopted to serve this purpose.

What is essential, however, is that solicitors must be able to demonstrate they have re� ected upon their L&D needs and have made plans to address them. This is of particular importance as solicitors will be required to make an annual declaration that they have done so, as part of the practice certi� cate renewal exercise.

Therefore, record keeping is crucial and evidence of this is something the SRA will look at if they have any concerns about compliance. Individuals should adopt a method that is suited to their particular circumstances. Re� ection itself is also not prescribed, and can be something that occurs naturally, for instance in the course of day-to-day practice.

The SRA has developed a toolkit to support solicitors through the new approach to continuing competence (see www.sra.org.uk/toolkit ) and it includes guidance on how to re� ect, record, plan and address training and development needs.

Solicitors will have been used to learning in an hour-based system, in the same way as they would do for tracking their chargeable hours. Therefore the new approach is a cultural shift away from the previous regime.

While some will undoubtedly � nd this a challenge, there is much to be said in favour of the focus now being on the quality of the training rather than the quantity.

Uche Onukaogu is head of law programmes at BPP Professional Development

For information on how BPP Professional Development can help you address your training needs please visit our website: www.bppprofessionaldevelopment.com or contact us on 0330 060 3200 or [email protected]

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LegalPI reform

On 23 February, the Government unveiled the Prison and Courts Bill, which included major reform of the Personal Injury sector.

The reforms, speci� cally targeted at low value soft tissue injuries sustained in road tra� c accidents (RTA), included three major alterations to the current claims handling process.

The � rst of these is to increase the small claims limit for RTA-related personal injury claims to £5,000. The small claims limit for all other types of personal injury claim will go up to £2,000. Secondly, the Bill also contains provision to ban claim settlements made without medical evidence.

Thirdly, a new tari� system is to be introduced for low value claims. The tari� system was revealed shortly after the Bill was published, in a response to the Ministry of Justice’s consultation on whiplash claims, which closed on 6 January. Under the system, damages will be set at £225 for injures that last up to three months, £450 for injuries that persist for six months, and £765 for those that a� ect the claimant for up to nine months. For longer RTA-caused ailments, claimants will receive £1,190 if they last up to a year, and £1,820 if they continue up to 15 months. If claims are for pain and inconvenience that continue for 18 months and two years, compensation will be calculated at £2,660 and £3,725 respectively.

The three major changes will come into force on October 2018. When announcing them, the Government said that they would result in a £40 drop in motor insurance costs for the general public. However, this promise was soon scuppered by the announcement of a new – 0.75% Discount Rate for PI claimants su� ering from severe life-changing injuries. Insurers said the extra cost imposed on them by the newly calculated rate would result in higher insurance costs across the board.

The Association of Personal Injury Lawyers (APIL) said that Government’s assertion that insurance costs would drop due to the PI reforms was a “deluded belief”, even before the introduction of a new Discount Rate.

“Data from the insurance industry shows that since 2013, the annual cost of motor-related personal injury claims has fallen by £536 million, yet insurance premiums have continued to rise,” said Neil Sugarman, the president of APIL.

“Expensive motor repairs and repeated hikes in insurance

premium tax are both major factors in the cost of motor premiums, yet the Government is fanatical about suppressing the right to claim for legitimate injuries instead,” he said.

Sugarman added that proposals to force more claims into the small claims court system would mean that nuisance calls and texts about personal injury claims would reach “epidemic” proportions.

Andrew Twambley, the spokesperson for Access to Justice (A2J), which has been lobbying against the Government’s reforms, said that the group was extremely disappointed that the Government seemed “hell bent” on removing the rights of ordinary people to gain redress for injuries that weren’t their fault.

Echoing Sugarman’s comments, he said: “Increasing the small claims limit to £5,000 discriminates against ordinary people su� ering whiplash injuries and will open the doors for claims management companies and cold callers to wreak further havoc on the market.”

No surprise Mike Willis, the managing director of F Mike Willis, of Thormanby, near Thirsk, says that it is no surprise that the Government has cracked down on the PI sector again.

A familiar pattern typi� es many injury cases, he says. Following a minor shunt in a car park or city, street addresses are exchanged after a cursory examination of the respective vehicles reveals no obvious damage.

“But within days, the motor insurer of at least one of them is presented with a claim by the other, followed in due course by engineers’ reports describing damage and repair costs beyond the value of the vehicle.

“These are accompanied by weeks of hire charges for an alternative vehicle pending repair and medical reports using well trammelled phrases to describe a range of physical and psychological injuries, not just to the driver but also to their front seat passenger and maybe one, two or more others – who may or may not in fact have been present – in the back.

The challenges and costs of disproving these claims are such that insurers all too often prefer to settle them, says Willis, putting money into the undeserving pockets of parasitical claimants, claims management companies, lawyers, engineers and doctors. In addition, the virtuous – or subversive – circle

From Access to Justice to Access to ProcessThe Government’s radical reforms of RTA soft tissue injury claims could deny Access to Justice for the deserving, according to one North Yorkshire lawyer

True, the symptoms of many whiplash injuries are no worse

than an inconveniently stiff neck. But many can, and do, become a long-term chronic discomfort or physical weakness.

LegalPI reform

supercharges the insurance industry itself, whose brokers, underwriters, loss adjusters and claims assessors all make a better living from the economic growth.

“Minor injury disputes of this kind, generating easy money for claimants and often lucrative returns for the adjunct service businesses, inevitably provoke dismay and sometimes disgust among defendants. Real anger surfaces if they are uninsured, or an overblown insured dispute leads directly to a substantial premium hike on renewal of their cover.”

He admits that this can be a fruitful source of work for professional risk lawyers like himself, who defend insurance brokers or lawyers facing claims and complaints from aggrieved clients on the wrong end of an in�ated action. However, he is adamant that the reforms have gone too far in their attempt to tackle fraud.

“Undeserving or exaggerated claims constitute only a minority of all small injury claims and most are genuine entitlements to compensatory damages for real injuries, albeit not of particularly high value,” he says.

“True, the symptoms of many whiplash injuries are no worse than an inconveniently sti� neck. But many can, and do, become a long-term chronic discomfort or physical weakness. What’s more, minor scarring from a wound to a leg or arm is unlikely to impact many lifestyles, but on a person’s face it can be life-changing.”

Profound e�ectIn Willis’ view, there is also a much more profound e�ect on Access to Justice from a radical constriction of minor injury claims. Once the many painful redundancies and coerced career changes have been worked through, he predicts that there will be a shift of balance between claimants and defendants.

“For the former, professional representation or advice will become unobtainable or una�ordable, while the latter will continue to be represented by experienced professionals, courtesy of their insurers,” he says.

“Once the coherent and authentic systems of justice are taken away, ad hoc or self-help measures will replace them.

“Access to Justice will be replaced by Access to Process, which may produce legal results. But there will be no justice at – or in – its heart.”

Mike Willis is the managing director of law firm F Mike Willis, of Thormanby, near Thirsk, North Yorkshire

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Barton Legal was established as a specialist construction and engineering practice, with expertise in all forms of large projects, in particular energy. As its reputation grew, introductions came its way

to other energy projects such as solar and biomass, with an increasing international element.

While the UK market is not as strong as it once was due to planning and funding issues, there is a huge appetite for energy projects across the globe.

Clients want lawyers who understand and can advise on the contractual process, as well as the the commercial issues and risks of these energy projects. But they also want lawyers who can negotiate and draft complex, technical contracts in situations where signi� cant hurdles in the form of risk allocation, cost, and performance have to be agreed and resolved � rst.

NegotiationThe advice required by clients in energy projects is complicated by the number of parties involved, the division of risk and the complexity of the di� erent work aspects.

Unlike general construction projects, there is a high degree of negotiation of contract terms and a greater knowledge and appreciation of the probable and possible risks. The contracts used may well be based on FIDIC (the standard used by the International Federation of Consulting Engineers), but are frequently bespoke, to re� ect the developer or promoter’s experience across previous projects.

As with the vast majority of construction and engineering projects, the ultimate desire of the developer or promoter is to pass as much risk as possible to the contractor and their team. They also want strong and clear delivery requirements to couple the transfer of any risks.

The most obvious of these is ground risk. By its nature, no one truly knows and understands the risk once the ground is disturbed. Clients will spend varying amounts of money up front on ground investigation and soil surveys. However, the true bene� t of these is often lost as they will have been instructed prior to the involvement of lawyers.

A good lawyer knows they are expensive, but seeks to ensure that their work and involvement is of value to all

parties and not just their client. They can ensure that the overall project is delivered on time and budget. This is done by making sure that contract documents, risks and liabilities are clearly drafted, and accurately re� ect the parties’ actual requirements.

A project that fails is of no bene� t to anyone. That point is often lost on lawyers who are more focused on their bill than an ultimately happy client.

Because ground investigations take place early in the process, there can be a tendency to engage the company on standard terms that do not provide for warranties, the assignment or novation of the appointment, and with very limited insurance and liability coverage. That is invariably because a long-term view has not been taken as to what will be required by the contractors and funders down the line. Much time will be lost later and considerable costs will be incurred, when that appointment has to be renegotiated to obtain the comfort required.

Ground is critical. Whatever is dug up has to be moved or replaced or � lled in, and once ground is disturbed that may set in chain a series of reactions that may or may not have been foreseen. No one wants to take that risk. It is by its nature unknown and consequently di� cult to quantify and control.

Early investigations are therefore essential to provide as much information and comfort to the parties as possible. Hence the need for reports that are passed to the contractor to be backed by a sensible and adequate level of insurance or warranty. With that initial hurdle crossed, a contractor will be prepared to enter into more detailed negotiations in relation to the other problems surrounding access roads, turbine bases, excavations for plant and machinery.

Di� erent approaches to risk Ground risk helps to demonstrate the balance between the parties of their approach to risk.

The client simply does not want that risk. They know the funder will not want that risk and so it has to be passed to the contractor. The contractor might not want the risk, but knows it is ultimately heading their way. The skill is to understand what that risk actually is, to ensure their price covers it and

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that if something should go wrong that there is a back-up plan. That back-up plan is often the warranty or insurance provided by the initial ground investigation engineer.

Delay is another issue but can cover a multitude of sins. It might be the fault or responsibility of the contractor, it might have arisen from variations or change orders, or it might be weather or some other risk, normally described as Force Majeure.

The important thing here is to start with clear de� nitions and once again to get the parties to set out clearly what they are – and are not – prepared to take as a risk.

Take weather. This can be snow, rain, wind or excessive temperatures. The problem is that weather delay will normally result in an extension of time for the contractor but no additional costs. The client needs to understand the impact of that on their programme, as well as their intended take over and commissioning dates.

If they allow weather delay to be claimed too easily then the completion date may be missed. The contractor will not be paying liquidated damages for delay, and usually the generation of the project output (let’s say electricity) which is the most valuable asset to the client, will be delayed.

So the client needs to incentivize a contractor not to seek to take advantage of weather delay. That can be done by setting thresholds that must be crossed before weather delay can be claimed. For example, they can agree to carry on working a number of hours with temperatures above or below a certain level in a � xed period of days, or when wind speeds are consistently above a certain level for a minimum number of hours.

The aim here is to encourage the contractor to work through problems and not to use a two hour “delay” to claim a day.

Liability capsThe issue of delay will also feed directly into liability caps for most projects. A 100% contract value liability cap may be the norm, but increasingly exclusions to this will mean that liquidated damages are not within the cap. Some, or all, of the other contract liabilities may also be excluded and those must be fully understood as to the speci� c circumstances when that exclusion will or will not apply, the extent of the exclusion and the reasons why.

This may be a crucial issue that is overlooked by the parties until the project documents come to be reviewed by the funder.

If revisions are required at that stage they can be painful and expensive to agree, causing delay to � nal execution and souring the relationship between the parties at a critical time, just before the commencement of works.

One of the primary problems in all projects and their associated documentation is poorly de� ned events and contract terms, arising from a lack of detailed discussion between the parties.

It is a common refrain for parties to say, once a problem has actually arisen, that the wording is not what they intended or meant. They say that they did not understand that in the circumstances that have arisen that the outcome would be such and such. Well, it can then be asked: why didn’t your lawyer ensure that the contract says what both parties intended?

The role of a good lawyer is not just to extract liabilities and obligations from a contractor, but to ensure that those liabilities and obligations are understood and are held by the party best able to control and manage those risks.

Bill Barton is a director at Barton Legal


LegalPersonal development

The ability to speak in public and pitch e� ectively for business is no longer a nice to have. It is a necessity.

The truth is you may o� er the best legal services in the world, have years of experience and be

technically brilliant, but if you are not able to communicate this to your target audiences, then you are limiting your e� ectiveness. All too often great work fails because of poor

presentation. Even worse, mediocre work can succeed when presented with excellence.

Being able to present with impact is an in� uential component of your personal brand. In previous L&YL issues, I’ve addressed the bene� ts of being a visible expert. To build such a pro� le, presentation skills are non-negotiable.

A client recently shared a story illustrating the potential gains when you seize the opportunity to stand up and present. The client had a fear of speaking which we discovered had its roots in her school days when a particularly unsupportive teacher would berate anyone who volunteered a wrong answer in class. My client could still feel the humility of this experience in the classroom thirty years on, and feared the same response if she ‘got it wrong’ when presenting to an audience.

Having worked together on her presentation skills, she was o� ered the chance to represent her department at a presentation to the senior management team. She agreed before she had the chance to change her mind. A few weeks later, the presentation was referred to by her HR director and senior partner when she was o� ered a role as a partner.

Speak Up!

The former US President Gerald Ford once said that nothing in life was more important than the ability to communicte e� ectively. Deborah Ogden explains why his words still ring true today


The fear of public speaking, known as glossophobia, is

quoted as the number one phobia in America – above death and snakes. In extreme cases, sufferers experience nausea, panic attacks and excessive anxiety

LegalPersonal development

Glossophobia The fear of public speaking, known as glossophobia, is quoted as the number one phobia in America – above death and snakes. Symptoms are real, and can range from knots in the stomach, sweaty palms, dry mouth, shaky legs and tightness in the throat. In extreme cases, su�erers experience nausea, panic attacks and excessive anxiety.

Why does standing up and speaking to an audience trigger such extreme reactions?

Most of these symptoms are due to the increase in adrenaline produced by our bodies due to our primal �ight-or-�ght reaction. This primitive response still exists in us even though we no longer have the need to �ght or run away from wild animals. The concerns we have before a speech or presentation – worrying what people will think of us, worrying that we will stumble over the words or forget what to say – are enough to trigger the natural or instinctive reaction to run away.

Learning to control these feelings and conquer the urge to �ee the perceived danger, we can begin to enjoy the process of public speaking. Once you get used to controlling your adrenaline, you can then make sure you have su�cient to give your speech that extra boost, but not so much that it makes you feel like running away.

Preparation, performance and delivery Faced with a presentation or the need to pitch, the default for many, to calm nerves and build self-con�dence, is preparation.

Hours of research, fact �nding, relevant case law and legislation ensure one can appear before an audience con�dent in one’s ability to answer questions and share knowledge and expertise. This is backed up by research from Nancy Duarte, communications expert and author of Resonate. Duarte reports that as many as 86% of executives say that communication clearly impacts their careers, yet only a quarter of them put more than two hours into preparing for high-stake presentations.

Further statistics reveal that the focus of the preparation is on content and PowerPoint slides with minimum consideration and practice given to the delivery. Dedicating as much time to the performance and delivery will dramatically improve your presentations.

When we communicate, only 7% is conveyed by our words. Vocal impact accounts for 38% of understanding, and a massive 55% is attributed to visual impact – including how the speaker looks and their body language. For impact, e�ective delivery is crucial and shouldn’t be an afterthought.

When you next address an audience, take to the stage like an actor. Actors own their space, project themselves and connect with the audience. They are master storytellers –

another technique that will change your presentation beyond recognition. Facts aren’t enough on their own: it’s crucial to appeal to hearts as well as minds, emotions as well as reason. Including compelling narratives and sharing relevant, personal experiences, will engage your audience, helping them relate to your content and ensure your message is remembered.

Storytelling Translating complicated statistics into relatable anecdotes brings them alive for the audience. On launching 12-gig memory cards Steve Jobs explained their capacity to store enough music to last a journey to the moon, and back.

Telling stories allows an audience to visualise and feel emotion, embedding it in their subconscious. Martin Luther King famously stirred emotion and inspired the masses when he said ‘I have a dream’. Would he have had the same impact if he’d said, ‘I have a plan’?

In previous articles, I’ve highlighted the importance of �rst impressions and making a connection.

We also judge a speaker in the �rst few seconds. Recent research by Harvard Professor and Social Psychologist Amy Cuddy has shed light on what it is we are assessing about someone in those initial moments.

We consider two things. Can I trust this person, and do I respect them? Psychologists interpret this as the behaviours of warmth and competence. Cuddy’s research went on to re�ect that in a business capacity most people would rate competence as most important here – we all want to be seen as good at our job – however it is trust, or warmth which needs to be established �rst. Competence is important, but without establishing trust, it can appear manipulative and o�-putting. Building rapport with your audience is essential – a smile and open body language can help build connection.

So you’ve started with impact: hitting the audience with an attention-grabbing statistic or statement that makes them sit up and listen. Throughout your presentation, you’ve shared relevant anecdotes and brought key points and statistics to life without boring everyone with slide upon slide of PowerPoint. And then it’s time for your climax – wrapping up your message with a compelling call to action. But how often does a presentation �zzle out and come spluttering to an end with a near apology? Always leave your audience on a high; wanting to discuss further and act, eager to share your message and �nd out more.

“All the great speakers were bad speakers �rst,’” is a famous quote attributed to Ralph Waldo Emerson. And it’s generally true. Few are born great presenters, it comes with practice.

However, like so many challenges, the bene�ts far outweigh the discomfort and hard work. The ability to communicate, motivate and in�uence are necessary skills for today’s professional. As Marc Benio�, the US internet entrepreneur and philanthropist said: “Presentation skills are key.

“People who work for you represent your brand. You want them to present themselves – and represent you in a certain way.’”

Deborah Ogden works with lawyers on their personal brand and presentation skills, and co-presents a Good to Great presentation skills masterclass. More details can be found at deborahogden.com


When we communicate, only 7% is conveyed by our words.

Vocal impact accounts for 38% of understanding, and a massive 55% is attributed to visual impact – including how the speaker looks and their body language. For impact, effective delivery is crucial and shouldn’t be an afterthought

Leeds & Yorkshire Lawyer recently caught up with Sarah Cookson, a partner at Switalskis and the new President of the Hudders� eld and Dewsbury Law Society, who has never found convention to be a comfortable bedfellow


Profi leSarah Cookson

A path less trodden

Sarah Cookson is used to juggling a number of roles.“I’m a Mum, a wife, a solicitor, a director, and president,” says

the new leader of the Hudders� eld and Dewsbury Law Society. It’s the latter role, however, that may well present her with her

biggest challenges in 2017. The Society is still � nding its feet after being created in November 2015, but that hasn’t stopped it from setting

itself some ambitious targets. “We need younger members to get involved,” explains Cookson.

“We want to make it more fun and emphasis the networking opportunities we can o� er.

“Part of that is about giving the Society a di� erent identity. If we can do that and get the buy-in, then I think more people will be interested.”

The hard wayIf anyone can make a good stab at meeting the Society’s

targets, then it’s Cookson. Whether it be as a student, trainee or experienced practitioner, she has never taken the easy route.

Her � rst major challenge came when she found out that she had not done very well in her A-levels at Sixth Form. She was told

that it would be best if she re-sat them. But for personal as well as academic reasons, she was adamant that her time there was

done. So instead of dutifully following the advice of her teachers, she managed to � nd and enrol onto a HND law course, after which she

completed a two year top-up degree. “I didn’t come out with a stunning degree and if I were to apply for a

job or training contract now then I’m sure I’d just go straight in the bin,” she says.

Working in Leeds for Addleshaw Booth (now Addleshaw Goddard) and Walker Morris, as a remortgage fee earner, Cookson carried on studying, taking the LCP on a part-time basis. She then joined Chadwick Lawrence in April 2002. After only three months at the � rm, she asked for a training contract. Suitably impressed with her work and attitude, the � rm granted

Leeds & Yorkshire Lawyer | Issue 144 33Leeds & Yorkshire Lawyer | Issue 144 33

her wish. She ended up running the conveyancing department with one of the �rm’s current partners.

Six years later and four months pregnant with her �rst child, she was headhunted by Milners to head up its Wake�eld o�ce just as the bottom fell out of the property market following the �nancial crisis.

After falling pregnant again at Milners, Cookson decided to move to Hellewell Pasley & Brewer in Dewsbury, simply because it was closer to home. It wasn’t long however, before she decided to look for a new, more demanding role.

“I worked there for a year and then just got the bug to go somewhere else,” she explains.

“One of my friends who worked at Switalskis was saying that they were looking at new ways of bringing work in. At that time they were predominantly a legal aid practice and my friend said let’s meet up with John [Durkan, the �rm’s manging director].

“Switalskis had nothing: no panel membership, no CQS, no Lexcel. They had half a person who did conveyancing. I started in April 2012 and was given the notional title of head of conveyancing for Dewsbury, even though we already had a head of the department based in Leeds.”

After working “incredibly hard” to get the Conveyancing Quality Scheme standard (CQS) in September 2012, Cookson and the rest of the team had the task of getting onto various lenders’ panels. Having successfully done so, she had a meeting with John Durkan in February 2014, during which he told her that he wanted to make her a partner.

“It’s what I wanted and I’d made no secret of that. But you could have lifted my jaw o� the ground.”

New bloodCookson’s responsibilities as President of the Society dawned on her at her �rst meeting with members in December when she felt that all the eyes in the room were on her.

“I got the feeling that they weren’t very interested in what I had to say, and I began to think ‘what have I done?’”

Thankfully, the second meeting in January was a much more productive a�air, giving Cookson some reassurance that her plans for the year ahead have a chance of coming to fruition.

“I would say that the reinvigroation we’re hoping for is starting and we’re getting more people on board,” she says. “But we need to do more.”

With this mind, Cookson has managed to convince a number of members to take part in a running challenge in May. Solicitors from a number of local �rms will run round Scammonden Dam for Cookson’s chose charity, Hollybank Trust in Mir�eld. The Trust supports and educates over a hundred disabled children and adults at its special school and residential homes.

As well as the race for charity, the Society will ramp up its e�orts to make it a networking enabler. Cookson says that a number of social evenings and training sessions are already in the pipeline as a result. “We have a duty to increase the awarness of what the Society does.”

One of the barriers to getting the Society’s message heard is simply down to size and resources. To counter this, Cookson has been instrumental in pushing the Society to join forces with the recently resurrected Yorkshire Union of Law Societies.

“We have expressed interest that we want to become members of the Yorkshire Union. They prepared a response to the recent training consultation paper which they asked for opinions from members and the response to that was really good.”

“With us, it is a case of being a small �sh in a big pond. But as part of the Union we can have a say on a bigger stage.”

A long association The merger between the Hudders�eld and Dewsbury Societies was in the pipeline for about two years. Initially, the Halifax Law Society was also interested, only to drop out towards the end of the process. But joining forces didn’t just seem to be the correct thing to do for Dewsbury. It was the only path it could take.

“The number of solicitors involved was decreasing. Partly because many of them could not see what we were doing to help them. And that was di�cult because no new blood was coming in and it had become stagnated.”

Cookson was asked at the time to become vice president to represent Dewsbury.

“It hadn’t even entered my mind that I was going to take over a role in the newly emerged society,” she says.

“I was very excited about going along to the �rst AGM and witnessing the merger going full steam ahead, but that was all. Then one of my fellow directors, Ruth Coneron, who was President at the time when the merger was �rst mooted and Ranjit Uppal, our director in Hudders�eld, asked me if I was interested in becoming Vice President.

“You could have knocked me down with a feather.”Cookson accepted the invitation, knowing that she would be

excpected to become President after her tenure. She decided to use the experience to sit in background and learn as much as she could about the duties expected of a President, such as public speaking.

It was never in her plans to get so involved in her local law society, however.

When she worked in Wake�eld, Cookson attended the Wake�eld & District Law Society’s meetings but was never a committee member. After moving to Hellewell’s she found that the �rm was very involved in the Dewsbury Society, with some of the sta� holding positions on the committee and partners having been past presidents.

“It seemed a no-brainer to get involved,” she says.

The shadow of cyber crime In some ways, Cookson’s work with the Society is a welcome break from the day job, given the pressures faced by those on conveyancing. At present, one of the big issues that is concentrating minds within the sector is fraud.

“It’s always been there, but not as much as it has now,” explains Cookson. “We have unfortunately as a profession been really hit by cyber crime.”

“It’s so high up on the radar now. Criminals have hit on a new kind of area that they can defraud and sadly that seems to be the legal profession and conveyancing. Emails can be hacked and bank details changed and that’s a huge game changer. As a profession and as a �rm, it’s something we take very seriously.”

The problem recently came to light with the case of City �rm Mishcon de Reya, which was ordered to pay out more than £1 million in January for falling victim to identity fraud. It was found to be liable for breach of trust after its client was duped into buying a London property from a tenant posing as the owner.

“It is an incredibly scary thing to think about, it adds a di�erent dimension. There’s always been the money laundering regulations, and checking your clients identity, source of funds to make sure that your client is not money laundering, but all of a sudden there seems to be an extra layer.”

“You have to take the view that the �rm will be targeted, but it’s then what we do to stop that and make ourselves as protected as we possibly can be.”

Reputation, after all, she says, is everything.

ProfileSarah Cookson


I became a solicitor because... My father is a commercial property lawyer, so perhaps it is in the blood. I didn’t study law at University but instead took a management degree which included a couple of modules of basic contract law, which gave me a taste for it and inspired me to sign up for the graduate diploma in law. I was attracted by the seemingly logical nature of law and I have always had more ability with words than anything of a practical nature.

The best part of my job is...Working on new infrastructure projects for the NHS and private health sector or the sale of old, redundant estate, which both releases land for housing development and capital for reinvestment into the NHS system. Good, fit for purpose estate can have a discernable effect on the delivery of clinical care and the wellbeing of staff and patients. NHS estates and facilities management staff are a very professional and dedicated bunch and it is good working with them.

The worst part is...Sometimes working with the NHS system can be extremely challenging. It can be harder for projects to get to completion (or even off of the ground!) than it might be in the private sector and that can sometimes be frustrating. The public might see the NHS as one body: it most definitely is not. In fact, it is a system made up of a vast number of different organisations, all with different objectives, resources and decision-making processes.

If I wasn’t a solicitor, then I would be... I’d like to think I would still be doing something in the health sector. Having worked with the NHS for many years, you start to learn what makes it tick and what its challenges are. I am not sure I would be well suited to medicine itself, but a health policy or finance role would be interesting.

I would you tell my 21-year-old self that...The best form of business development is, and probably always will be, doing a good job. If you focus on consistently delivering work to a high standard, at a reasonable price, and you are operating in a viable market, then you should be able to develop and retain a sustainable practice.

If I were Lord Chancellor for the day and could change one thing, I would... Make prisons safer for those that work there: it is a difficult and dangerous job. While I was making changes, I would also reform the system to reduce its overall cost and its effectiveness at cutting recidivism.

Working in Yorkshire is great because... It gives solicitors the chance to have first class careers, but without

the associated cost, stress and strain of living in London or the South East. For me, Yorkshire offers the perfect combination of high quality legal work and a fantastic environment to spend your free time and bring up a family. In the health sector, I have worked on some of the biggest projects in the country, like the development by the Christie Hospital of a world leading Proton Beam Therapy Centre, from a Leeds base. In fact, many NHS institutions are now headquartered in Leeds. My friends and colleagues who work in other sectors are doing equally high quality work from Yorkshire.

The person who has had the biggest in� uence on my career is...When I trained and worked at RadcliffesLeBrasseur in Westminster, it was under a fantastic partner called Antony Brougham. He not only had an encyclopaedic knowledge of property law, but he was also an inspirational transactional lawyer. He is also a man of enormous integrity, who holds the law in high esteem and has strong liberal values. As well as taking the time to teach me about countless property law cases and the operation of obscure sections of the Law of Property Act 1925, Antony also showed me the importance of a good work-life balance. He enjoyed spending time with his family and would take advantage of quieter periods to do that, but was obsessively committed to work and his clients when the “Big Deal”, as he described it, was on. I can be the same.

Away from the o� ce I relax by...Spending time with my wife and two young daughters, at home or away on holiday. I also love running, particularly in the Yorkshire or Cumbrian hills. I can often be found in lycra puffing up or running down a hill! I’m also a trustee of a brilliant mental health charity in Harrogate called Claro Enterprises.

The legal profession could be improved by... Re-thinking the continued reliance on billable hours,

both as a measure of employee input and as a basis for charging our clients. The profession

should realise that, in many sectors, clients working on particular projects are balancing a number of different cost pressures and open-ended legal fees don’t always work for them. Many of our property sector clients now, quite rightly, view a charge based simply on hourly rates as old-fashioned and

a disincentive to investment by their lawyers in efficient ways of working. At

Bevan Brittan we can offer a number of different ways of pricing work to our

clients. I know a number of other firms have been on

the same journey.

James Atkins is a partner in the healthcare property team at Bevan Brittan in Leeds

Healthy mind, healthy body

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How modern legalprofessionalsworkiManage Work 10 is the best-in-class document management solution that puts documents and emails at your fingertips, quickly and securely on any device.

• Designed by lawyers for lawyers to make you more productive

• Work smarter with AI-enhanced features

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Take a quick video tour of all the new

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