birmingham law society’s hot shot laywers · • open letter of accessto justice – i was...

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ONE REGION I ONE PROFESSION I ONE VOICE JUNE 2015 Birmingham THE BIRMINGHAM LAW SOCIETY’S MEMBERSHIP MAGAZINE FOLLOW US ON TWITTER www.twitter.com/bhamlawsociety MAKE A WILL AND DODGE AN AVOIDABLE TAX BILL THE ESTABLISHMENT FIGHTS BACK SEE PAGE TEN FOR MORE DETAILS BIRMINGHAM LAW SOCIETY’S HOT SHOT LAYWERS

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Page 1: BirmiNgham Law SociETy’S hoT ShoT LaywErS · • oPen LeTTer of acceSSTo JuSTice – i was approached by zoe gascoyne, ... monday 11th may 2015. i joined mr Justice Knowles to ‘kick-off’

O n e R e g i o n I O n e P R o f e s s i o n I O n e V o i c e

JUN

E 2

015

Birmingham

ThE BirmiNgham Law SociETy’S mEmBErShip magaziNE

foLLow US oN TwiTTErwww.twitter.com/bhamlawsociety

maKE a wiLL aND DoDgE aN aVoiDaBLE TaX BiLL

ThE ESTaBLiShmENT fighTS BacK

SEE pagE TEN for morE DETaiLS

BirmiNgham Law SociETy’S hoT ShoT LaywErS

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Page 3: BirmiNgham Law SociETy’S hoT ShoT LaywErS · • oPen LeTTer of acceSSTo JuSTice – i was approached by zoe gascoyne, ... monday 11th may 2015. i joined mr Justice Knowles to ‘kick-off’

JUNE - JULy 2015

LEarNiNg & DEVELopmENT 16

ThE ESTaBLiShmENT STriKES BacK

fEaTUrE 12

assistant Editor - Elizabeth [email protected]

graphic Designer -

paul Blyth

print

Stephens & george

advertising Sales -alison [email protected]: 01905 727907

publisher -pw media & publishing Ltd2nd floor richardson house, 21/24 New St, worcester. wr1 2Dp.Tel: 01905 723011

The articles published in the Birmingham Bulletin represent the views of the contributor and are not necessarily the official views of the Birmingham Law Society, or of the editorial board. The magazine or members of the editorial board are in no way liable for such opinions. whilst every care has been taken to ensure that the contents of this publication are accurate, we cannot be held responsible for any inaccuracies or late changes. No article, advertisement or graphic, in whole in or print may be reproduced without written permission of the publisher.

coNTENTS

president’s report - mushtaq Khan

04

maKE a wiLL aND DoDgE aN aVoiDaBLE TaX BiLL

LEgaL NEwS 14

VoLUNTEErS rEQUirED

mEmBErS’ NEwS 20

www.birminghamlawsociety.co.uk | 3

Editorial copy to:Birmingham Law Society, Suite 101, cheltenham house, Birmingham, B2 5BgTel: 0121 227 8700 DX 13100 Birmingham

regulation reportJayne willetts

25

DaTES for yoUr Diary

EVENTS 26

chriS owEN, chairmaN

mEET ThE BoarD 24

ThE growiNg riSK of cyBErcrimE

rEgULaTioN rEporT 19

ThE LaTEST from ThE pro BoNo commiTTEE

pro BoNo 15

hoT ShoT LawyErS

iN picTUrES 10

Contents

The Bulletin needs you!Birmingham Law Society is inviting volunteers to become

Bulletin’s Editor! Think you have what it takes to be one?

please contact [email protected].

mUShTaQ KhaN

prESiDENT’S rEporT 04

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4 | www.birminghamlawsociety.co.uk

prESiDENT’S rEporT

although delayed, proposals for a British Bill of rights will undoubtedly face stiff opposition from across the political spectrum, including a possible backbench rebellion led by the former Lord chancellor Ken clarke and the former attorney general Dominic grieve, who has described the proposals as a “recipe for chaos”. The newly appointed Lord chancellor and Secretary of State for Justice, michael gove, is a shrewd and articulate politician and i suspect the prime minster has chosen him for the big fight that lies ahead.

The EU referendum Bill will legislate for an ‘in-out’ vote on the UK’s membership of the EU before the end of 2017. it is the most talked about piece of legislation by the business community and the legal profession. it is important that the profession looks carefully at the implications for the legal services sector of any decision by the UK to remain in or withdraw from the EU and gets stuck into the debate early.

a new investigatory powers Bill, commonly referred to as the Snoopers’ charter, is set to expand the ability of intelligence agencies to collect information. Late last year government documents revealed British intelligence agencies have policies allowing staff to access confidential communications between lawyers and their clients. There are serious reservations that the Bill will include measures that allow surveillance of data communications and the possible weakening of legal professional privilege.

The UK political landscape has changed significantly and the coming months will require careful watching.

Work/EvEnts HigHligHtsi set out below a snap shot of what i am doing on behalf of the society.

• The Law SocieTy, PreSidenTS and SecreTarieS conference – 8th & 9th may 2015, chancery Lane, London. i co-presented with ian robinson of hampshire Law Society to approximately 50 local law society reps on the importance of membership, and sharing some of our experiences.

• oPen LeTTer of acceSS To JuSTice – i was approached by zoe gascoyne, a committee member of the criminal Law Solicitors association and the chair of the criminal practice committee for Liverpool Law Society, to be a co-signatory to an open letter to the government regarding the dire situation concerning Legal aid and access to Justice. The letter was carefully and thoughtfully drafted. James Turner (as chair, criminal Law committee, BLS), richard atkins Qc (as Leader of the midlands circuit) and i (as president of BLS) were co-signatories to the letter with other prominent lawyers and doctors. The letter was published in the guardian newspaper on friday 1st may 2015.

• SoLe PracTiTionerS GrouP, annuaL GaLa dinner – 9Th May 2015. i was invited to this event which was held at the Botanical gardens. as someone who has practiced law in larger commercial practices, i very much understand, i have a lot to learn about the experiences of the sole practitioner. from my conversations it became clear, that it is a mixed bag, some are struggling to survive as a result of the legal aid cuts, regulatory burden, new entrants and restrictive panels. others were upbeat and confident that they were better able to adapt to the changing market due to their size, better perceived service offering to clients and a better work/life balance, the latter view sounds tempting!

• MidLand LeGaL SuPPorT TruST’S BirMinGhaM LeGaL waLk – monday 11th may 2015. i joined mr Justice Knowles to ‘kick-off’ the Legal walk from No.5 chambers for a 5 mile walk on a sunny evening. it was good to see Birmingham and the regions law firms, chambers and the advice/voluntary organisations coming together for a great cause.

• Senior ParTnerS Lunch wiTh caTherine dixon, The chief execuTive of The Law SocieTy - Thursday 14th may 2015. BLS co-hosted and i chaired the meeting with senior partners of local law firms,

whereby catherine shared her 20/20 strategy for the national Law Society. it was a useful opportunity for Birmingham and the region’s law firms to express their views and help shape The Law Society’s strategy.

• BLS PreSidenT’S cLay ShooTinG cuP – friday 15Th May 2015 – my first event, six teams of four participated in the clay pigeon shoot, which was sponsored by fieldsports specialist retailer w horton & Sons and car dealership Stratstone. we raised £1,065.00 for the chosen charity of Tiny Babies, Big appeal. more information to follow in this publication.

This proved a great networking event for our members and their clients and raised much-needed funds for a fantastic cause. it is now set to become a regular on the BLS social calendar.

• LiTiGanTS in PerSonS reSearch - i had a meeting with professor Lee and professor Sommerlad, University of Birmingham – Tuesday 19th may 2015. i met them (and Linden Thomas – chair of BLS pro-bono committee and Board member) to discuss progress on this original piece of research. i am pleased to report that a number of next steps, timescales were agreed to accelerate progress on this vital piece of research. The findings will provide much needed reliable facts/evidence on the impact of the legal aid cuts on access to justice.

nexT MonThS’ evenTS• Magna carta – 800th anniversary celebratory event - Thursday, 18 June 2015 – The great hall, University of Birmingham. This year marks the 800th anniversary of the signing of the magna carta. There are a number of events taking place across the country and the high Sheriff of west midlands, Jonnie Turpie is hosting with the support of the Birmingham chamber of commerce and Birmingham Law Society a celebratory event to mark the occasion. The keynote speaker at the event will be Joshua rozenberg and The rt hon Lady Justice macur DBE, i shall also be addressing the guests. i hope that you will be able to attend this key legal event along with 400 other guests expected to attend.

• Summer Joint event – 25th June 2015 at the Jam house. This is a firm favourite event, which Birmingham Law Society co-hosts with BSg and BTSS.

• charity abseil in aid of The Birmingham women’s hospital Tiny Babies, Big appeal – Saturday 27 June 2015. Birmingham Law Society will be holding a charity abseil event in aid of the Tiny Babies, Big appeal. The abseil will take place at the hospital in Edgbaston from an approximate height of 80ft. all funds raised will support the charity in order to purchase a panda resuscitaire machine for the neonatal unit at a cost of £13,987.80. The hospital requires this life-saving mobile unit for babies who need breathing support. This promises to be a really enjoyable day. please do support by attending and circulating to your firm and networks.

chariTy uPdaTe - Tiny BaBieS, BiG aPPeaLit has been a great start, although we are not past the 30th day (whilst writing this), we have raised £5,070.00. our target is £13,987.80 to purchase the panda resusitaire ventilation machine. i take this opportunity to personally thank our past president martin allsopp and his practice allsopp and co Solicitors for their donation of £4,000.00, thank you.

finaLLyfollowing my request for support/votes for James Neale, a Senior Solicitor at Dwf in Birmingham, his dad and two brothers, they were successfully put through to the finals in the Britain’s got Talent tv show on Thursday 28th may (So we are responsible for playing our part in that!). on behalf of Birmingham Law Society, i wish The Neales the best of luck for the future.

That’s all for now – thank you for reading/supporting. n

President’s ReportmUShTaQ KhaN | prESiDENT | BirmiNgham Law SociETy

as i write this report the dust from the unexpected general election result is still settling. The Queen’s Speech on the 27th may set out the new government’s plans. for lawyers, of particular interest will be the EU referendum, replacement of the human rights act and the new investigatory powers Bill.

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www.birminghamlawsociety.co.uk | 5

To register visit www.birminghamlawsociety.co.uk or email office on [email protected]

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6 | www.birminghamlawsociety.co.uk

a new survey has revealed that 69% of commercial litigators

have incurred costs over and above the agreed level - but

just 11% have made an application to revise the agreed costs

budget upwards.

Just costs Solicitors surveyed 912 commercial litigation

partners at the UK’s top 200 law firms.

commenting on the findings, paul Shenton, managing Director

at Just costs Solicitors said: “This research suggests that the

majority of solicitors (89%) are either unaware that a mechanism

exists for budgets to be revised or believe that any such application

will automatically fail so there is no point in pursuing it.

“It is very difficult for solicitors to recover an over spend without

applying to revise the approved costs budget upwards.

“If clients are paying win or lose, this is a potential professional

negligence issue - and if law firms are limited to what they

recover then they are effectively working for free.”

other findings from the survey were as follows:

• Have you prepared a Precedent H costs budget which has

subsequently been either approved by the court or agreed

between the parties?

yes – 73%

No – 27%

Said paul Shenton: “Costs management is playing an increasingly

important role in litigation. The proportion of solicitors who have had

an involvement in costs management increases every time a survey

is released. It cannot be too long before 100% of commercial litigators

will report that they have been involved in a case where a costs

budget was approved by the Court or agreed between the parties.”

• Where a costs budget is approved or agreed do you then

monitor the costs you incur to ensure you remain within the

budget for each phase of litigation?

yes – 100%

No – 0%

Said paul Shenton: “Courts have sent a number of stark warnings

to lawyers that a failure to conduct litigation within the confines

of the budget is going to result in a proportion of the costs being

irrecoverable between the parties.

“The fact that every one of the respondents has confirmed that

they monitor their ongoing costs indicates that solicitors are

aware of the need to ensure that litigation is conducted within the

budgeted amount.

“However, if solicitors are monitoring their costs on an ongoing

basis, there are obviously flaws in the process due to the

overspend in so many cases.”

• If you have had to revise upwards an approved / agreed costs

budget, what was the reason for the over spend?

Significant developments in litigation – 60%

Simple overspend – 10%

Both – 30%

Said paul Shenton: “The Rules imply that a revision will only be

permitted where there have been significant developments in the

litigation. The fact that 90% of cases where an upwards revision

was agreed involved significant developments bears this out.” n

Just Costs Solicitors is the UK’s leading Solicitors’ Practice specialising

in Costs and is regulated by the Solicitors Regulation Authority (SRA).

fEaTUrE

Commercial Litigation Costs survey69% of commercial litigators have incurred costs over and above the agreed ordered Budget level... but just 11% have made an application to revise the agreed costs budget upwards.

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www.birminghamlawsociety.co.uk | 7

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8 | www.birminghamlawsociety.co.uk

fEaTUrE

The government Digital

Service (gDS) is leading the

digital transformation of UK

government, with a digital by

default remit. increasingly we

expect everything to be available

online.

already much of how we interact

with the taxman either is or can

be online. other government

departments and agencies are

catching up, with varying levels

of success.

The Good

gDS has just come to the end

of its initial period during which

a number of exemplars were

tasked with introducing a digital

service, the gDS reported that register to Vote has seen 4.3

million registrations. your tax account has 1.5 million users.

more than 70,000 drivers view their licence information online

each month and renew a patent online has seen a digital take-

up of 94%.

in fact, a record-breaking 469,000 people registered to vote

online in one day for the 2015 general election - as the deadline

closed on 20 april.

The online Lasting power of attorney service has gone from

no online presence to 15% of Lpas created using the online

service and a 90% satisfaction rating for this brand new service

in 18 months. a fantastic result considering the average age of a

person making an Lpa is 80 years old.

The Bad

contrast that good news with the experience of Legal aid lawyers

trying to get to grips with ccmS, which becomes mandatory

from october this year. The Legal aid agency say ccmS is an

online system for civil and family legal aid providers and others

assigned to work on their cases. The Legal action group say

although some £31m of public money has been spent on ccmS

over the past three years, it is not a bespoke product, designed

to meet the needs of providers or clients. Some reports put a

much higher figure on the cost.

at its recent conference Jo Edwards, chair of the family group

resolution said the system continues to be unstable... users

can’t keep a record of what they’ve actually submitted... it is so

slow, it can take 3 times as long as the paper process.

The similarly beleaguered

rural payments agency

(rpa), an executive agency

of DEfra, spent £154 million

on a mandatory digital basic

payments scheme, but due

to significant ‘performance

problems’ they will revert

to paper forms. apart from

registering, farmers will not be

asked to enter any further data

online now. a select committee

criticized the agency for not

paying enough attention to the

needs of the users. The system

features a painfully slow digital

mapping tool, with a high

proportion of users based in

areas with no broadband access.

The fuTure

it is telling that the projects showing broad success have been

built in an agile way. Small teams supported by gDS releasing

iterations of their solutions, with real users trying it out along

the way. compare this to the big spend, big bang projects like

ccmS and rpa basic payment scheme where little to nothing is

seen until significant cash has been spent.

returning to the speech made by Jo Edwards, she said my

message to the Legal aid agency today is simple – just because

something works for you, doesn’t mean that it works.

gDS recently looked back over the last two years’ transformation.

They emphasised User needs, not government needs. “we’ve

done it by putting the user needs first.”

The difference might be something already well understood

by those who sell digital services to customers – rather than

mandating its use, the key is user engagement. it isn’t possible

to build the right digital service without working closely with

those who will use the service. and that doesn’t mean providing

updates and presentations about what you are building, it

means working with users on every step of the journey.

for this to work it needs users to get involved. we are all busy,

but think of the often used argument for voting: if you don’t take

part, can you really complain that you don’t like the outcome? n

Sally Danby

product manager

advanced Legal

Getting engagedThe good, the bad and the future of The government Digital Service.

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www.birminghamlawsociety.co.uk | 9

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10 | www.birminghamlawsociety.co.uk

iN picTUrES

Hot Shot Lawyers

Birmingham Law Society held its inaugural president’s Shooting

cup at hereford and worcester Shooting ground (hwSg),

raising £1,065 for charity.

Six teams of four participated in the clay pigeon shoot, which was

sponsored by fieldsports specialist retailer w horton & Sons and car

dealership Stratstone.

The brainchild of BLS’s new president, mushtaq Khan, the

competition began with breakfast and concluded at 4pm with a

trophy presentation. There was also an opportunity to test prestige

Jaguar and Land rover cars from Stratstone.

The winning team amassed a score of 106 and was captained by BLS

chairman chris owen, with Brendan Dawson of Qdos Underwriting,

Jeremy cornwall, of Bell cornwall recruitment and David moore,

mTa Taylor moore LLp, making up the quartet.

The runner’s up were Team freeths (97 points), Team Dwf (89

points), Team Jonas roy Bloom (86 points), Team No5 chambers

(78 points) and Team BLS (75 points). David moore of mTa Taylor

moore LLp won the individual quick-fire round and a prize of £100.

The proceeds of the auction of a tweed jacket donated by w horton &

sons, a Land rover experience from Stratstone, a clay pigeon shoot

by hwSg and an overnight stay with champagne and chocolates

from hotel du Vin, were donated to the Birmingham women’s hospital

Tiny Babies, Big appeal charity, which supports the care of sick and

premature babies and their families across the west midlands and is

BLS’s charity for the year. The charity is seeking to purchase a £14,000

live-saving mobile unit for babies requiring breathing support.

mr Khan said: “This proved a great networking event for our members

and their clients and raised much-needed funds for a fantastic cause.

It is now set to become a regular on the BLS social calendar.” n

Team no5 chambers: Mugni islam-choudhury, nick cobill and abdul hafeez, and– no5 chambers, omer Simjee – irwin Mitchell, Phil clarke – worcester and hereford Shooting Ground

Team BLS: kevin horton – horton & Sons, Liz dziergas – Birmingham Law Society, Mushtaq khan - President Birmingham Law Society, kim Greville – Stratstone Land rover, Phil clarke – whSG

Team Jonas roy Bloom: kevin hogan – whSG, will nicoll - nicoll investments, Ben henry - Jonas roy Bloom, dan clay - clay and associates, andrew nugent Smith - wragge Lawrence Graham

Team freeths: richard Beverly - freeths, kevin Byrne – whSG, Leanne fryer - freeths, Marcus hook – finance Birmingham, and andrew osborne - real estate investors PLc

Team dwf: ron Braithwaithe – whSG, roger coates, caroline coates - dwf LLP, dave Southwell - Zurich, dan Burman - cogent elliot

winning Team owen: kevin hogan – whSG, Brendan dawson – Qdos underwriting, kevin Byrne – whSG, chris owen (chair Birmingham Law Society), david Moore – MTa Moore, Jeremy cornwall – Bell cornwall

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www.birminghamlawsociety.co.uk | 11

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ThE EcJ has handed down judgement on the meaning of

“establishment” in the EU collective redundancies Directive.

it held, overruling USDAW v Ethel Austin Limited (“woolworths

case”) that the duty to consult over collective redundancies

is triggered where employers propose to make 20 or more

redundancies within 90 days, per establishment (or “local

employment unit”) not overall in the business.

in 2013 i sent out an e-shot and gave a seminar on the

significance of the decision in USDAW v Ethel Austin Ltd

[2013] UKEaT/0547/12/KN, offering my prediction that the EU’s

employment friendly EcJ would support its conclusion that

s. 188, Trade Union and Labour Relations (Consolidation) Act

1992 failed implement the EU Collective Redundancies Directive

(No.98/59) properly.

The EaT had held that the words “at one establishment” in s.

188 did not originate from the Directive and were not debated

in parliament. applying Ghaidan v Godin Mendoza [2004] 2 ac

557, the EaT held that it was obliged to go as far as possible

to purposively construct s. 188 and comply with the Directive.

consequently, the EaT deleted the words “at one establishment”

from section 188 as a matter of construction. This, in one fell

swoop, extended the right of collective consultation, or in its

absence a protective award, to significantly more employees

than previously as the question became whether there were 20

employees or more in aggregate being made redundant across

all sites, not in one site.

The advocaTe GeneraL’S oPinion

on the court of appeal’s referral to the EcJ, there was some

glimmer of hope when the advocate general’s opinion on

5 february 2015 concluded that “establishment” must be

construed in the same way throughout the Directive and meant

“the local employment unit to which the redundant employees are

assigned to carry out their duties.” further, the “local employment

unit” was a matter of fact to be determined by national courts.

his view was that the UK had correctly implemented the Directive.

while it was open to national governments to make collective

redundancy obligation apply where the total redundancies in

aggregate are 20 or more, this was going beyond the Directive.

at this point i started selling off shares in my original prediction!

ecJ ruLinG

Upsetting the UKip narrative on Europe’s overregulation, the

EcJ held that where a business comprises several undertakings,

“establishment” refers to that entity where the redundant workers

are assigned to carry out their duties - that is, their local place

of work. This reverses removes the significant burden placed

on employers by the original ruling, which extended collective

consultation dramatically.

whether the stores in the woolworths case are one

“establishment” has been referred back to the court of appeal

to determine, it being a matter for the national courts to consider.

PracTice PoinT

while the court of appeal is yet to rule on the facts of the

woolworths case, large employers considering making

redundancies across a number of sites are likely to be safe

treating each site separately for the purposes of considering

their collective redundancy obligations without needing to

aggregate the total employees.

Those employers currently undertaking collective consultation

on the law as it previously stood should seek specific advice. n

12 | www.birminghamlawsociety.co.uk

fEaTUrE

the establishment strikes Backiqbal looks at the recent decision in the woolworths case affecting collective consultation on redundancies.

iQBaL mohammED | ST phiLipS chamBErS

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14 | www.birminghamlawsociety.co.uk

for the first time pensions

and property have become

equally important assets in

divorce settlements, with pensions

likely to become increasingly

so as more people begin to

understand the often significant

sums of money they involve.

This upwards trend has been

noted by Equiniti, the UK’s

largest pension administrator,

who has seen a significant

increase in pension valuations

as a result of divorce over

the past couple of years.

Equiniti expects the number

of valuations to increase

even further due to:

• the greater awareness of the

value of pensions following

the new pension freedoms;

• the ability to sell an

annuity for cash; and

• the recent Supreme Court

ruling (wyatt vs Vince) which

could see thousands of ex-

wives and husbands pursuing

their former spouse for money

(and pensions) years after

they divorce, if no financial

order was established at the

time of divorce. (*in 2012,

it was estimated that over

50,000 divorces (45%) had

no financial order in place, a

figure that has been increasing

over the last decade).

paul Sturgess, director of strategy

and pensions administration,

Equiniti, said; “Although the

pension reforms back in the 1990s

were expected to increase the

importance of a pension as an

asset at divorce, this did not initially

materialise. However, in recent

years awareness of the significant

financial value of pensions has

risen, and as a result they are

increasingly being assessed as

an asset at divorce. This spike is

likely to be further fuelled by the

current focus on pensions, which

has highlighted the value of both

defined contribution and final

salary schemes. The Supreme

Court ruling is likely to also have a

further knock on effect, prompting

many divorcees to revisit the fact

that no Financial Order was put

in place at the time of divorce.

Nevertheless, not everyone fully

understands the asset value of

their pension and it could be a

rude surprise for a divorcee if an

ex-spouse was the source of this

financial education years later.” n

pENSioNS Now aS imporTaNT aS propErTy iN DiVorcE SETTLEmENTS aND LiKELy To iNcrEaSE fUrThEr

LEgaL NEwS

David cameron has put

immigration firmly on the

agenda as one of the priorities

of the new government with

plans announced to adopt

a ‘tough but fair’ approach

to illegal workers.

But measures which include

plans to seize the wages of

workers highlight the fact that

employers need to be clear

as to the law when employing

workers from outside the EU.

“Statistics show that

foreign workers contribute

billions of pounds to the

UK economy,” comments

Simon Bond, an expert in

Employment law at midlands’

law firm, higgs & Sons.

“Many British businesses rely

EmpLoyErS UrgED To SEEK LEgaL aDVicE oN migraNTS

on the skills of people from

around the world to fill roles

that are not currently being

met by British workers.

“But employers need to be

mindful that if they pay wages to

illegal migrants they are breaking

the law, and could face fines of

£20,000 per illegal worker.”

and he urges all employers

of non-EU nationals to seek

legal advice on the ever-

changing complexities of

employment legislation. n

couples are urged to make

sure they have a will

after millionaire comedian rik

mayall died without a valid

will, leaving his wife with only

a part share of his estate and

his children with a tax bill.

Under the law, dying intestate

- that is dying without a valid will -

means your estate may be subject

to a punishing tax bill, resulting

in your children having to pay

40% tax on everything passing

to them above the £325,000

inheritance tax threshold.

Dying intestate may also mean

your husband, wife or civil partner

may not receive everything

you strived to make while you

were alive - purely because

you did not make a will.

plus the taxman could take a slice

of anything passing to the children.

mayall, 56, star of The young

ones and Bottom, died in June

last year after a heart attack

outside his London home,

leaving behind his wife of 29

years and three children.

gary rycroft, solicitor and

member of the Law Society’s

wills committee, said couples

should ensure they have a

valid will to best structure the

passing on of their estate and

make the most of the available

inheritance tax allowances.

“This is another sad example of

what happens when you fail to

plan for the future,” said gary.

“Simply making a will can ensure

your loved ones do not have to pay

inheritance tax if one of you dies.

“Under UK law, if one person

dies, their estate automatically

transfers to their spouse or civil

partner and there is no chance of

the Government getting its hands

on money and assets you have

worked all your life to secure.

“If you are married or in a civil

partnership and do not leave

a valid will the first £250,000

in your estate passes to your

spouse or partner, the rest

is split half to your spouse or

partner and half to the children.

“Assets passing to a spouse

or civil partner are not liable to

inheritance tax, assets passing

to children are liable, subject

to any allowance available”

“The message is clear, speak

to a solicitor and make a will

sooner rather than later.” n

maKE a wiLL aND DoDgE aN aVoiDaBLE TaX BiLL

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course List: June - July 2015

course highlights

please see our website for further seminars: www.birminghamlawsociety.co.ukTelephone: Liz Dziergas, Professional services executive on 0121 227 8701 Email: [email protected]

Solicitors’ Accounts Rules Refresher - Half day session (June 2015)

Date: wednesday 16 June 2015

Time: 9:00 registration & light breakfast, 9:30 - 12:30 seminar

Venue: Shoosmith, 2 colmore Square, 38

Queensway, Birmingham, B4 6BJ

CPD: 3 hours cPd

Fees: Member fee for fee earners: £99 + vaT,

Member fee Support Staff: £55 + vaT,

non-Member fee for fee earners: £120 + vaT, non-

Member fee Support Staff: £75 + vaT

Speaker: Linda Lambert

The winds of change are a blowing (to misquote?) in particular within

The Solicitors regulation authority (Sra) and more significantly with

in the Sra’s accounts rules. These were substantially updated in

2011 bringing in new roles and there have been further significant

changes ever since; in particular with residual balances and the

accountant’s report following consultations with in the profession and

other professional bodies with vested interests in our profession.

Due to the new roles of compliance officers, which started in 2012,

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

identified has become even more significant. Such knowledge needs

to be applied to ensure identification and proper rectification of any

breaches that may occur, so that a firm may become fully compliant

with all of the legal obligations faced by the legal profession.

This half day course is for those looking for a renewal and brush up

of their knowledge of the main Sra accounts rules and in particular

those areas where breaches may occur. The main topics are:

• Client Account, Client Money and use of Client Account

• Interest Rules

• Bank Reconciliations

• Bills and Disbursements

• Accounting Systems and Central

• Accountant’s Report

Speaker: Linda Lambert lives and works in the west midlands

where she came to read accountancy at Birmingham University.

after obtaining her degree she then worked in the banking and

financial sector and as a trainee chartered accountant before joining

the legal profession some 28 years ago. Linda has in her career

worked as a sole Legal cashier for a small city practice, a finance

manager for a 14 partner provincial firm and as a practice manager

before working freelance. She has experience of accounts systems

from hand written to computerised and has been responsible

for introducing new systems in the practices she has worked in,

in particular dealing with management information and credit

control. Linda has trained as a lecturer for further education and is

currently the institute of Legal finance and management (iLfm)’s

lecturer in The Solicitors regulation authority’s accounts rules,

and financial management in a Legal firm as well as working as

a freelance Legal cashier, in Birmingham and countrywide. Linda

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

in worcestershire, and in a medium sized worcestershire practice

in the risk and compliance Department. in addition she presents

tailored in house training for fee earners and support staff for

several well-known national and international firms, which can also

include ad hoc advice with regard to specific Sra rules issues.

Pain for Lawyers. A Psychiatric Perspective.

Date: Thursday 2 July 2015

Time: 15:40 registration, 16:00 - 17.30 Seminar

Venue: clarke willmott, 138 edmund Street, Birmingham

CPD: 1.5 hours cPd accredited by the Sra

Fees: £35 + vat for members, £45 + vat for non-members

Speaker: dr Peter Jenkins

Date Time cpD hrs course Title area Speakers fees £ members Non members

16/06/2015 9:00 - 12:30 3 solicitors’ Accounts Rules Refresher -

Half day session (June 2015) Regulatory Linda Lambert £99 + VAt £120 + VAt

support staff: £55 + VAt support staff: £75 + VAt

02/07/2015 8:30 - 12:00 3 excellent Client Care for newly Qualified Management Candy Bowman £99 +VAt £115 + VAt

02/07/2015 15:30 - 17:30 2 Pain for Lawyers. A Psychiatric Perspective. expert witness Dr Peter Jenkins £35 + VAt £45 + VAt

08/07/2015 8:30 - 12:00 3 Developing your conveyancing business - Marketing Keith Harper £99 + VAt £115 + VAt

marketing for the future

09/07/2015 8:30 - 12:00 3 Building a profitable Private Client practice Marketing Keith Harper £99 + VAt £115 + VAt

16/07/2015 9:00 - 17:30 7 Management Course stage 1 Management Doug Robinson £170 + VAt £210 +VAt

Learning & DevelopmentProfessional Services

BIRMINGHAM LAW SOCIETY

16 | www.birminghamlawsociety.co.uk

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www.birminghamlawsociety.co.uk | 17

The seminar provides a psychiatric perspective upon

pain and delegates will learn the differences between

acute and chronic pain and their management.

The bio-psycho-social model of pain is described with a focus

upon “chronic” pain: both long standing pain (duration) and

chronic pain syndromes (such as conversion disorder, somatisation

disorders and abnormal illness behaviour) will be addressed from

a psychiatric perspective. The role of psychiatric conditions such

as depression in influencing pain perception and behaviour will be

discussed. Unusual pain syndromes such as complex regional

pain Syndrome crpS will be briefly described. management

approaches to chronic pain syndromes will be discussed.

Delegates are encouraged to pose questions when

registering for this event which will form the basis for an

interactive discussion of these complex issues.

Dr Jenkins has wide experience of pain and the interface

of physical and psychiatric conditions having published

articles in a variety of illness states and worked in a pain

management programme. his time is provided ‘pro-bono’.

Delegates are encouraged to submit questions in advance if

possible and a Q&a type conclusion will end the seminar.

Speaker: Dr peter Jenkins is approved under Section 12

of The mental health act 1983 as having special expertise

in diagnosis of mental illness since 1987. he was also an

elected member of the welsh Division of the royal college of

psychiatrists Executive committee and the college’s Deputy

Developing your conveyancing business - marketing for the future

Date: wednesday, 8 July 2015

Time: 8.30 registration, 9.00 – 12.00 Seminar

Venue: St Philips chambers, 55 Temple row, Birmingham, B2 5LS

CPD: 3 hours

Fees: Members £99 + vaT non-Members £115 + vaT

Speaker: keith harper

against the background of the worst recession since the war, and the

changing competitive environment developing in the wake of the Legal

Services act, this course provides an overview of how to develop

and implement a marketing strategy to maximise the potential of

residential conveyancing work in your firm. Now is the time to act!

Key areas covered are:

• The market post-recession, and positioning your practice within

the changing environment – the options ands strategies available.

• Your changing clients – structuring your department, and the

service provided to meet their needs. pricing and creating value

• Creating contact with potential clients, and maximising returns

from quotations

• Maximising the potential of the web, and making the most of

marketing communication

• Referral sources – building relevant and successful business relationships

• Creating a departmental marketing plan – making it happen

Speaker: Keith harper, B.Soc Sc. f.c.i.m. is managing Director

of harper professional and our primary programme Director,

delivering management and business skills training and advice

to our clients. he is an economics graduate of the University of

Birmingham, a fellow of the chartered institute of marketing,

and a member of the Law Society Law management Section.

after many years in senior management roles in commerce

and industry, Keith became a Director of a large legal training

provider, now part of the Bpp group. in this role, whilst

developing management development programmes for solicitors

and delivering public and in-house courses, he gained a real

insight into how to apply management ideas and techniques

to the legal profession. in order to focus more tightly on legal

management issues, Keith set up The harper partnership in 1999,

which evolved in to harper professional in January 2005.

Despite a busy professional life, Keith is an intermittent triathlete/

marathon runner, plays the clubs and pubs of Staffordshire in a rock

band, and spends a lot of time standing on the sidelines at various

football, netball, hockey, tennis, trampolining and dancing events

cheering his three daughters on (and offering constructive feedback!).

Building a profitable Private Client practice

Date: Thursday, 9 July 2015

Time: 8.30 registration, 9.00 – 12.00 Seminar

Venue: St Philips chambers, 55 Temple row, Birmingham, B2 5LS

CPD: 3 hours

Fees: Members £99 + vaT non-Members £115 + vaT

Speaker: keith harper

against the background of economic uncertainty, following the

recession, and the changing competitive environment in the

wake of the Legal Services act, it has never been more important

for a private client department to have a robust marketing

strategy. firms which do not plan effectively and implement well-

thought out marketing and business development activities will

be under threat. This course provides an overview of how to

develop and implement a marketing and management strategy

to maximise the potential of private client work in your firm.

Key areas covered are:

• The market and opportunity for Private Client work.

• Positioning your practice: Who are your target clients? What will

they expect? Structuring your department to meet their needs.

• Price vs. service and reputation: understanding the balance.

• Existing Clients – the power of Wills.

• Referral sources: Targeting and managing key external sources and

internal referrers (cross selling). Building business relationships.

• Promotion and communication: web-sites, advertising,

literature, pr, articles, seminars, marketing initiatives.

• Creating a plan and making it happen

Speaker: Keith harper, B.Soc Sc. f.c.i.m. is managing Director

of harper professional and our primary programme Director,

delivering management and business skills training and advice

to our clients. he is an economics graduate of the University of

Birmingham, a fellow of the chartered institute of marketing,

and a member of the Law Society Law management Section.

after many years in senior management roles in commerce

and industry, Keith became a Director of a large legal training

provider, now part of the Bpp group. in this role, whilst

developing management development programmes for solicitors

and delivering public and in-house courses, he gained a real

insight into how to apply management ideas and techniques

to the legal profession. in order to focus more tightly on legal

management issues, Keith set up The harper partnership in 1999,

which evolved in to harper professional in January 2005.

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full details of all our seminars are advertised on our website and regular emailers are sent out to our members. we are currently in the process of confirming further seminars,

debates and conferences; if you have any specific training requirements or would like to suggest future topics, please do email me at [email protected]

please see our website for further seminars: www.birminghamlawsociety.co.ukTelephone: Liz Dziergas, Professional services executive on 0121 227 8701 Email: [email protected]

18 | www.birminghamlawsociety.co.uk

Despite a busy professional life, Keith is an intermittent triathlete/

marathon runner, plays the clubs and pubs of Staffordshire in a rock

band, and spends a lot of time standing on the sidelines at various

football, netball, hockey, tennis, trampolining and dancing events

cheering his three daughters on (and offering constructive feedback!).

Management Course Stage One (MC1) July 2015

Date: Thursday, 16 July 2015

Time: registration: 9.00am, Seminar: 9.30 - 17:00

Venue: Shoosmiths, 2 colmore Square, 38 Queensway,

Birmingham, west Midlands B4 6BJ

CPD: 7 hours

Fee: Members £170 + vaT non-Members £210 + vaT

Speaker: doug robinson

Note From SRA: What happens about persons

who must be qualified to supervise?

persons who must be ‘qualified to supervise’, for example, sole

practitioners, managers of authorised bodies, supervisors of those

who undertake reserved work are still required to undertake at least

12 hours of management skills training under rule 12 of our Sra

practice framework rules 2011. This means that people who hold

roles demanding these specific management responsibilities will still

be under a regulatory obligation to undertake management training.

This may be satisfied by completing mcS1 and 2, but other courses

providing management skills training will also satisfy this requirement.

Why this MC1?

you will get a clear understanding of:

• the challenges facing law firms in the current economic climate;

• law firm finances, in a way that will help you understand how

your actions affect profit and cash flow;

• how you can change your behaviour to contribute more

effectively to your firm’s performance and financial results;

• how you can help your firm to develop a competitive advantage; and

• an update on any key changes affecting law firm regulation

and the code of conduct.

The course features a realistic law firm simulation allowing participants

to see exactly how changing fee earner behaviour impacts on profit

and cashflow and how to apply that learning back in the workplace.

Course Content: The day is split into three sections

covering core elements of the Sra’s syllabus:

Managing Finance

• Business planning – getting the big decisions right

• Key Performance indicators

• Funding and solvency – debt or equity?

• Understanding profit and improving the bottom line

• Controlling costs

• Working capital control and cashflow – how to reduce your lock up

Managing Clients

• Understanding what motivates clients

• Delivering what clients want in the way they want it

• The retainer, and solicitors’ professional obligations

• Organising client relationships effectively

Managing People

• Delegation and managing other people’s work

• Effective teamwork and decision-making processes

• How to get the most from a meeting

• Motivation and performance appraisal

Using a model firm, participants will assess the impact of management

decisions, develop their own approach to good management, and

share ideas on current best practice. The course will also cover

a refresher of key relevant obligations in the code of conduct.

Key Outcomes

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

• appreciate the importance of planning;

• understand financial data and key performance indicators;

• act confidently on information contained in financial reports;

• recognise what impresses clients and eradicate what upsets them;

• organise their relationships with clients to deliver great service;

• delegate more effectively; and

• manage meetings and make decisions which lead to improved

performance.

Speaker: Doug robinson is a Director of Kinch robinson Limited,

the accredited course provider. he is a chartered accountant who

has worked exclusively in the field of professional development

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

pSc financial and Business Skills and a range of other financial

and management courses aimed specifically at lawyers in practice.

his clients include top 50 UK law firms, regional firms and local

Law Societies. he is a consultant to the University of Law,

regularly delivering training on public and in-house courses.

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

for the full day to comply with Sra requirements. participants

cannot claim for attending the course if they arrive late or leave

early. if the Sra ask whether a participant has attended the

course, notes of arrival and departure times will be passed on to

them; so please ensure that you arrive at the venue on time.

if you arrive late or have to leave early you may

be required to repeat the course.

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www.birminghamlawsociety.co.uk | 19

The scale of the threat facing law firms was highlighted in

a feature in the Daily Telegraph on 16 may - recommended

reading for all who can trace it. having successfully hacked

into emails shortly before completion between the vendor

and his solicitors, the fraudsters, using the vendor’s email

address, sent amended banking details to his solicitors,

thereby diverting the sale funds to them on completion. The

bank refunded most of the monies but the dispute as to the

liability of the law firm for the remainder was one of the issues

reported in the piece, with the firm concerned claiming not to

have been responsible for the outstanding losses.

Those responsible for the iT systems within their firms

would be well advised to read a highly critical report by the

information commissioner dated 5 august 2014, written

mostly from the perspective of the harm done to clients

through failure to manage data securely. The main thrust

of this report is that encryption should be used on a much

greater scale than at present, and that data should not be

regarded as being sufficiently protected if a device is merely

passworded, given the availability of software programmes

that will unscramble such codes. we seem to have forgotten

what was said in the earlier days of email usage, that sending

an unprotected email was rather akin to sending a postcard

through the postal system. we have resorted instead to

gaining the client’s consent to the use of email in our terms

of business documentation and a confidentiality notice in

our footers: the first will probably prove to be ineffective in

the eyes of the information commissioner and the second is

hardly likely to deter fraudsters.

on a more general level it will be useful to consult the

government’s “cyber Essentials Scheme” containing

guidance on the basic controls expected from the adoption of

“strong” passwords, and changing them at regular intervals,

to the safe configuration of firewalls and network devices for

detecting malware and spam messages. whether on economic

grounds or other, the firm that chooses to outsources these

functions must be responsible for the vetting any such agency,

a requirement of the code of conduct at o (7.10) in any event.

meanwhile, at an operational level, it would be well worth

ensuring that all members of the conveyancing department

are well aware of the risks of fraudulent intercept. other

reported forms include:

• fraudsters purporting to be solicitors acting on the sale

of a property, dealing with bona fide purchasers who are

represented by conveyancers unaware of the scam, who

cannot be traced once they have received the purchase

proceeds (see Davisons v Nationwide Building Society [2012]

Ewca 1626 and Santander UK PLC v R A Legal Solicitors

[2014] Ewca civ 183; and

• acting in conjunction with dishonest estate agents who

are able to tip the fraudsters off as to completion details

intervening at a late stage of a transaction and claiming now

to be acting for vendor or purchaser through a bogus firm

operation with a view to intercepting the sale proceeds or the

mortgage advance.

Taking all of this into account, perhaps one of the most

important amendments to the office manual now is one

requiring any late change of the other party’s representatives

or the banking details in any form of transaction to be brought

to the supervisor’s attention and then questioned by the firm

directly and robustly. n

Jayne Willetts is also a director of

Infolegal - a law firm compliance and

risk management consultancy. Infolegal

subscribers can now download the second

edition of the Solicitors Office Procedures Manual by Matthew

Moore and Vicky Ling in advance of its publication and can also

access a range of detailed guidance notes and factsheets on

these topics and many others. www.infolegal.co.uk.

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

tHe GRowinG RisKs of CyBeRCRiMe

The growing practice of email intercepts and the significant losses that have ensued through fraudsters hacking into e-mail exchanges has been in the news of late. The risks here are considerable and growing. Law firms - especially those with exposure to transactional work such as conveyancing - are often small businesses lacking in sophisticated iT departments, but handling substantial amounts of money during numerous transactions. fraudsters, on the other hand, are becoming increasingly sophisticated in their operations and have access to software programmes that enable them to scan thousands of communications for the transaction and financial details they require.

rEgULaTioN rEporT

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20 | www.birminghamlawsociety.co.uk

mEmBErS’ NEwS

No5 chambers has

been shortlisted for

chambers of the year in the

prestigious annual awards run

by The Lawyer magazine.

The set, which boasts more than

240 barristers and 28 silks, is the

current holder of the chambers

of the year title and this year is

up against seven other firms in

The Lawyer’s 2015 awards.

The shortlist of finalists for all

26 categories was unveiled on

Tuesday and the winners will be

announced at a black tie awards

ceremony on June 23 at The

grosvenor house hotel in London.

practice director Tony mcDaid

said of the nomination: “We

are absolutely thrilled to

once again be nominated

for this prestigious award.

“We are incredibly proud

to again have our work

recognised, as well as being

encouraged that our credentials

are really starting to position

us a leading national set.”

in September 2013 No5

launched its own pioneering

not-for-profit referral company

NoVate Direct Legal Solutions.

Despite only being in existence

for 18 months, NoVate has

accepted more than 300 cases.

No5 endeavours to engage with

the communities it serves, recently

raising more than £85,000 for

marie curie, and this year looking

to raise money for the child Brain

injury Trust with its glittering

Strictly come Dancing style

event to be held next month. n

No5 ShorTLiSTED for NaTioNaL awarD

our chairman chris owen has

been the chairman of the

School governors at chandos

primary School in highgate for

the past 4 years, prior to which

he and some staff at St philips

chambers used to visit the

school every friday for an hour

on a “right to read programme”.

This is an essential and rewarding

role which makes a real difference

to the children improving their

reading ability and every volunteer

gets a buzz out of the relationships

that are quickly developed.

chandos have no relationship

with a law firm or chambers

currently and the 480 children at

the school would benefit greatly if

the law society members were to

consider volunteering in this way.

if you are interested please contact

chris in the first instance who will

then put you in touch with the school.

chris can be contacted on caowen@

virginmedia.com or 07540 666014. n

VoLUNTEErS rEQUirED

Estate agency staff understand

the conveyancing process

from a legal point of view thanks

to Law firm seminar. moving home

is often one of the most stressful

times for an individual; finding and

financing a home and the move,

dealing with Estate agents and

solicitors, and understanding the

home moving terminology - can be

a confusing, frustrating and time

consuming process for many.

in an effort to ensure clients

receive the best service from

both Estate agents and solicitors,

QualitySolicitors Talbots held

a seminar on 20th may at the

picturesque Stourbridge golf

club; inviting local estate agents,

its aim was to allow agency

staff to see and understand the

conveyancing process from the

legal point of view, to ensure better

communications and a speedier

process in the transaction for the

most important person – the client.

Said James gwilliams, Director at

the law firm, “I wanted to have a

presentation that was both informal

and informative. Sometimes it’s

beneficial for the Lawyers to see

the home buying process from the

Estate Agency point of view, and

vice versa. Our seminars give Estate

Agents the opportunity to see things

from our perspective, and ask as

many questions as they wanted.

Ultimately, this will ensure the home

buying and selling process is as

smooth as possible for clients.”

more than 48 people attended,

with the majority of local

Estate agents sending staff

to support the event.

“It was a great success. We

will be carrying out more in the

future,” added James. if any

agent is interested in attending

or sending staff to a subsequent

event, please contact James at

QualitySolicitors Talbots. n

coNVEyaNciNg SEmiNar SUccESS

chris whittington – a former

partner at geldards – has

joined Birmingham-based law

firm anthony collins Solicitors

(acS) as head of Education, to

strengthen its education team.

he brings with him a wealth of

practical experience within the

schools and academies sector.

he will work alongside Simon

ramshaw, partner at acS, to

continue the firm’s impressive

growth in this fast-moving sector.

as partner and head of education

at geldards, chris advised schools,

local authorities and public bodies,

as well as church of England

Dioceses, trusts and federations.

previously, he held significant

senior roles in local government,

including head of Legal Services

at Northamptonshire county

council. chris is also chair of

trustees for two church of England

retreat centres in the midlands.

he led a number of academy

conversions in the past – an area

of particular strength for acS

who have supported over 130

academy conversions to date.

he also led the team advising on

the establishment of the church

of England central Education

Trust (cEcET), a unique and

ground-breaking collaborative

vehicle jointly owned by

the diocese of Lichfield, the

diocese of Birmingham and

wolverhampton University.

chriS whiTTiNgToN STrENgThENS ThE EDUcaTioN TEam aT aNThoNy coLLiNS SoLiciTorS

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www.birminghamlawsociety.co.uk | 21

mEmBErS’ NEwS

The partners will deliver a wide

range of integrated services

through this vehicle to over 260

academies and schools within

the diocese and beyond.

acS now plans to launch a

midlands forum for multi-

academy Trusts (maTs) following

their very successful ‘Voice of

the midlands’ dinner in march

at which both pank patel, the

midlands regional commissioner

and frank green, the National

Schools commissioner,

were guest speakers.

Simon ramshaw said: “Chris’s

appointment strengthens

significantly the ACS offer to

the schools and academies

sector and heralds the next

stage of development for

our education work.” n

Steve allen, head of the

Birmingham office of national

law firm mills & reeve, has

been appointed president of

the British-american Business

council (BaBc) at its annual

conference in New york.

The BaBc, which has its

secretariat in New york, is the

largest transatlantic business

network, with 20 chapters

and more than 2,000 member

companies based in major

business centres throughout North

BirmiNgham LawyEr appoiNTED prESiDENT of BaBc

america and the United Kingdom.

its members include many of the

world’s largest multinationals,

as well as hundreds of middle

market and smaller companies.

mr allen has been involved with the

BaBc as a member of the executive

committee of the Birmingham

chapter since 2007. he has sat on

the BaBc’s executive committee

in New york, as a representative

of all the UK chapters, since

2009 and became vice president

of the organisation in 2013.

mr allen played a pivotal role

in bringing the BaBc’s annual

transatlantic conference to

Birmingham in 2013. more than

300 delegates attended the two-

day event at the international

convention centre, with support

from the greater Birmingham

chamber of commerce and

marketing Birmingham.

he said: “It’s a huge honour to

take up this role at a time when

the US and the EU are exploring

the removal of custom duties

and other restrictions to make it

easier for companies to invest and

get better access to markets.”

During his two-year tenure, mr

allen plans to build on the already

strong trade links between the

UK, USa and canada and in

the process generate more

opportunities for Birmingham

and the west midlands. n

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22 | www.birminghamlawsociety.co.uk

mEmBErS’ NEwS

committee members

from Birmingham

Solicitors’ group recently

visited Birmingham children’s

University, its nominated charity

for 2014-15, to mark the end

of a fantastic year working

together. over the last year,

the BSg has helped to raise

a total of £3095 for children’s

University which it emphasises

wouldn’t have been possible

without the support of the

Birmingham legal community, its

sponsor robert walters and the

enthusiasm and commitment of

the dedicated team at children’s

University. on behalf of

children’s University, the BSg

would like to thank everyone

who has attended its events

over the last year and helped

to raise this amazing amount.

children’s University is an

extra-curricular programme

which encourages 5-14 year

olds to try new experiences,

develop new skills and discover

unknown talents. at the heart of

its work is the ambition to raise

aspirations, boost achievement

and foster a love of learning so

that young people can make

the most of their abilities and

interests. although open to

all, it aims particularly to reach

children and young people

facing socio-economic and

educational disadvantage and

those with low self-esteem,

confidence and lack of support

to access extra-curricular

activities, including young

carers, home educated and

‘looked after’ children.

as a permanent legacy of their

successful partnership with the

BSg, children’s University have

created the ‘BSg outstanding

achievement award’ which will

be launched at its forthcoming

graduation ceremony in June

and awarded to a child on

an annual basis thereafter.

if you would like further

information about children’s

University, please contact

carolyn Lloyd, children’s

University Strategic manager at

carolyn_childrensUniversity@

centralcutrust.co.uk n

chiLDrEN’S UNiVErSiTy

west Bromwich and

Stratford-upon-avon

law firm clark Brookes

Turner cary has announced a

major sponsorship deal with

halesowen cricket club.

it is to inject a “significant sum” to

help support the Birmingham &

District League Division Two side.

and as part of the package

cBTc will be utilising the facilities

to target a part of the Black

country where it has previously

had only a minimal presence.

The one year rolling deal will

see cBTc hold meetings and

conferences at the ground for

new and prospective clients,

building on the club membership

and associated links. it will be

backing the club with perimeter

board advertising and it will be

holding half a dozen games per

year on the ground to entertain

clients, other firms and contacts.

mr Drew, a residential

conveyancing specialist, has been

a player, coach, and chairman of

penn cricket club, is chairman

of North worcestershire cricket

Development group and holds

Law firm BacKS haLESowEN cricKET cLUB aS parT of growTh pLaN

the volunteer role of legal director

at worcestershire cricket Board,

the local governing body for

the recreational game, looking

to expand cricket participation

across the county, encouraging

the sport in schools, producing

players at club level and

ultimately helping develop the

next generation at worcestershire

county cricket club. in addition

director Neil mocroft is a

worcestershire ccc member.

Three members of the team

still put on their whites –

richard pinning, director, omar

Sadique, head of criminal, and

conveyancing solicitor Jai Najran.

richard Thurston, the partner of

trainee solicitor Leah morgan,

has recently moved to the

area from Suffolk and joined

halesowen as wicket keeper.

it is the first time the firm has

got behind halesowen cc.

The arrangement has been put

together by mr Sadique and

club chairman richard Evans.

The club runs five senior Saturday

teams, two senior Sunday

teams and a youth cricket

section ranging from under

9’s through to under 17’s.

The 1st and 2nd Saturday teams

play in the Birmingham & District

League and the 3rd, 4th and

5th teams in the worcestershire

county League. members of

the extremely popular youth

arm are developed by fully

qualified EcB and licensed

coaches during the summer,

and a winter nets facility. n

george green have

promoted commercial

property lawyer, alex

Jayne Lowe, to partner.

Kevin Styles, head of

commercial property at

george green remarked, “Our

commercial property team

has been a real success story

over the last few years, with

significant growth in its size

and increasing demand for its

services. Alex has played a key

role in the team’s achievements.”

alex acts for clients from

developers through to financial

institutions and undertakes a

significant amount of corporate

support work in addition to more

routine commercial property

transactions. She is a champion

of local community projects and

is governor of a local school,

the corngreaves academy. n

promoTioN aT gEorgE grEEN

Birmingham law firm anthony

collins Solicitors (acS) has

strengthened its partnership

with the promotions of Donna

holmes and David alcock.

Donna is a nationally-renowned

specialist in the legal disciplines

of wills, probates, trusts and

estate planning. Described as

“Brilliant yet down-to-earth” by

chambers UK, she has wide

experience in the legal disciplines

of wills, probate, trusts and

estate planning and court of

protection financial matters.

Since joining acS as a trainee,

Donna has strengthened her

skills, and the support provided

to clients, in stewarding their

assets and managing their

finances to achieve their

long-term family provision,

aNThoNy coLLiNS promoTioNS

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www.birminghamlawsociety.co.uk | 23

mEmBErS’ NEwS

Two trainees from west

midlands law firm higgs &

Sons have scooped awards.

Katie willems, a trainee in the

corporate and commercial

team, was named Trainee

Solicitor of the year at the

annual Birmingham Law

Society Legal awards, while

iyanu onalaja was recognised

by the Society as one of the

region’s outstanding students

with a Bronze prize.

The Birmingham Law Society

Legal awards have been

showcasing the very best of

the region’s legal talent since

the inaugural event in 2002.

They are a permanent fixture

in the legal and business

calendar, celebrating the

success and achievement

of both individuals and firms

over the last 12 months.

meanwhile iyanu onalaja, a

first year trainee at higgs, was

awarded a Bronze prize by the

Birmingham Law Society.

Each year the Society offers a

number of prizes to trainees who

have passed the Legal practice

course at the first attempt with

either a commendation or a

Distinction. iyanu’s Bronze award

recognises the fact that her marks

were the third highest of all those

submitted for consideration. n

higgS TraiNEES Scoop awarDS

National law firm mills

& reeve has recruited

commercial partner Jayne hussey

to bolster its national offering.

Jayne, previously a commercial

partner in the Birmingham office of

pinsent masons, focuses exclusively

on private sector corporate and

commercial work. She has expertise

in end-to-end supply chain

management projects, outsourcing

arrangements, advising on the

structuring of complex contractual

arrangements, joint ventures

and documenting intra-group

transfer pricing arrangements.

Jayne has particular expertise in

advising businesses operating in

and around the manufacturing

sector. her experience and

reputation will also strengthen a

number of mills & reeve’s key

sectors, including health, education,

food and beverage and technology.

Building a Birmingham commercial

law team has been identified by

mills & reeve as a key component

of increasing growth for the firm

in the midlands, providing much

needed support and strength

in-depth to the recent lateral

hires in the corporate, pensions,

tax and employment teams. n

NEw commErciaL parTNEr aT miLLS & rEEVE

financial and business goals.

David leads acS’s work for

social businesses, including

significant work for cooperatives,

community organisations –

including leading umbrella body

Locality – and social enterprises.

he is a national specialist in

community asset transfer and

the community right to bid,

and has led on major projects

in acS work around the re-

modelling of public services.

David also delivers high-level

governance support to a range

of organisations, including

dealing with board disputes

and constitutional issues.

acS has also promoted gemma

Bell, raj Bhangal and charlotte

measures to senior associates

and David Evison to associate. n

richard Jaffa, one of the

longest serving solicitors

in Birmingham, had a career

before entering the law and

worked as a reporter on the

Daily mail in the 1960s. he

has put that early training

to good effect by editing a

collection of letters written

by famous journalist olga

franklin to her sister (his

mother) Beryl in Birmingham

between 1932 and 1965.

This book has already been

serialised in the Daily mail

and featured in the Newcastle

Evening chronicle and

Birmingham Jewish recorder.

The letters describe in vivid

terms many of the great events

and personalities of the period

in the uninhibited terms that

the two sisters corresponded,

often with the details that were

left out of the newspaper.

in her time olga travelled to

moscow with wolves in the first

trip by a British football team

after the war. She was the first

reporter to meet prince philip

long before he was engaged

to the Queen. Speaking fluent

russian she travelled across

the USa with Nikita Krushchev.

her exclusives included

celebrities from groucho

marx to the Duke of windsor.

These and many other exploits

are described in her letters

including a fall-out with the

Beatles and Nobel Laureate

harold pinter. richard says:

“Knowing a little bit about

the law of libel, i waited until

all the people mentioned

in the book were dead!”

richard was formerly senior

partner of the wilkes partnership

and now works as a consultant

to Dass Solicitors. he has been

a member of the Birmingham

Law Society for over 40 years. n

a LETTEr from oggi

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24 | www.birminghamlawsociety.co.uk

fEaTUrE

he stayed at the firm until late 1976 when he was approached to

become a barristers clerk in the largest set in Leicester.

in 1988 he was approached to move to London as Senior clerk

and join the chambers at 2 crown office row where the late Sir

Desmond fennell Qc oBE was the head. he was chairing the

Kings cross fire inquiry at the time and was chairman of the

Bar, both roles gave chris an early insight as to the workings of

the Bar at the highest level.

The other leading silk in chambers was igor Judge Qc (as he

then was) who was bound for the high court shortly after chris

arrived! So all chris could do was clerk his returns!

when Lord Judge was made Lord chief Justice it was the

second such appointment from that chambers, the first being

Lord Lane.

chris stayed in chambers (now known as 7 Bedford row) until

his 50th year and twentieth silk appointment, milestones he had

set himself before retiring.

along the way he enjoyed spells as Vice chairman of the Bar pro

Bono Unit, common Law Secretary of the institute of Barristers

clerks. he also sat on a dozen bar council committees and

chaired or was a speaker at several national seminars on

best practice, bar mark, equality and diversity, pro bono and

pupillage.

after a spell as a consultant and legal headhunter chris was

tempted back to the trade and became chief Executive at 11

New Square a chancery commercial chambers who he very

quickly took into a merger with 11 old Square to form what is

now radcliffe chambers.

chris then decided to move back into his consultancy and

headhunting role until he was invited by the senior partner of

a law firm in Bristol to become cEo and manage a merger

with a London firm. alongside that chris was appointed as the

commercial director of aDr group the mediation company, for

whom he opened a London office.

having completed both tasks chris had a further spell in

consultancy before he was invited to join St philips chambers

as cEo in 2009 where he stayed until 2012.

The call of London proved too strong and in 2013 chris moved

back home and was involved in an aBS start up.

in 2014 he was invited to join the leading legal recruitment and

headhunting firm hewetson Shah as a partner where he remains.

you will still see him around Birmingham however as he

continues his three voluntary roles in the city as chairman of the

Board of Directors of the Birmingham Law Society, chairman of

a School governors and since 2012 he has sat on the St philips

cathedral Tercentenary Steering committee.

his daughter Naomi is a well known barrister at No 5 chambers. n

Meet the Board - Chris owen, Chairmanchris started his career in the law as a 5 year articled clerk to the senior partner of a firm in Leicester in 1968.

chris owen

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www.birminghamlawsociety.co.uk | 25

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26 | www.birminghamlawsociety.co.uk

GET YOUR BUSINESS NOTICED

If you would like to advertise in THE BULLETIN

please contact Alison Jones on:

Tel: 01905 727907 [email protected]

Expert witnesses

Translations

25 June 2015 Summer event with BTSS & BSg The Jam house27 June 2015 abseil charity Event Birmingham women’s hospital23 July 2015 cricket BLS vs wmp Tally ho3 September 2015 annual golf day Nailcote hall hotel 15 September 2015 Networking event TBc7 october 2015 Legal Eagles Quiz Night event with BTSS & BSg TBc22 october 2015 Newly Qualified Event hyatt regency Birmingham3 November 2015 annual pro Bono Event with Baroness Lawrence TBc26 November 2015 president’s Dinner TBc17 march 2016 Networking event TBc21 april 2016 Legal awards 2016 icc26 april 2016 agm TBc

Cricket: Birmingham Law Society vs West Midlands PoliceDate: 23 July 2014 Time: 6:00pm - 9:30pm

Venue: Tally Ho Sports & Conference Centre, Pershore Road, Edgbaston, B5 7RN

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

6.30pm - Cricket game followed by buffet hosted by West Midlands Police If you are interested in playing please visit our website.

EVENTS

To book please visit the website www.birminghamlawsociety.co.uk if you have any enquires please email: [email protected] or call: 0121 227 8700

DateS For Your DiarY

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Charity tallyso far...

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