Issue127 - Leeds Law Society

Transcription

Leeds
Law Society
March/April 2014 | Issue 127
The Official Journal of Leeds Law Society
Focus
News
Society
Profile
Comment
We examine the success
of the University of
Huddersfield’s Legal
Advice Clinic
The remains of Richard
III could end up in York
after all – thanks to the
help of Gordons
Read about the Annual
Legal Dinner and find
out how to enter a prize
draw for an Apple TV
Makin Dixon is one firm
that has decided to stay
true to its roots despite
tough times
Patrick Walker on the
ethics surrounding
wildlife and nature
preservation
Contents
03
Leeds Law Society
1 Albion Place
Leeds LS1 6JL
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Tel: 0113 245 4997
EDITORIAL:
Editor
Marek Handzel
01423 851 150
marek.handzel@barkerbrooks.co.uk
Founding Editor
Ian McCombie
Editorial Assistant
Sophie Dilley
PRODUCTION:
Head of design
Catherine Perry
Graphic design
Robert Goodall
ADVERTISING:
Project Manager
Rosie Beattie
01423 851 150
rosie.beattie@barkerbrooks.co.uk
Published by:
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PRINT:
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© 2014 Leeds
Law Society &
Barker Brooks
Communications
Ltd. All rights
in and relating
to this publication are expressly reserved. No
part of this publication may be reproduced,
stored in a retrieval system or transmitted in
any form or by any means without written
permission from the publishers. The views
expressed in Leeds & Yorkshire Lawyer are not
necessarily those of the Leeds Law Society or
the publisher. While the publishers have taken
every care in compiling this publication to
ensure accuracy at the time of going to press,
they do not accept liability or responsibility for
errors or omissions therein however caused.
SUBSCRIPTIONS:
Subscriptions are available to
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Unless requested otherwise, your
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following receipt of your payment.
To subscribe contact David Warne
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Leeds
Law Society
March/April 2014 | Issue 127
The Official Journal of Leeds Law Society
Views
Comment
From the President 05
The legal profession continues to undergo
change, and the Society is changing with it
In and out of Africa
27
Partick Walker is entranced by a safari trip
to Africa where he considers the ethics of
culling and nature preservation
Society 06 Read about how the Annual Legal Dinner
was a hit with guests again this year and find
out how you can win an Apple TV
Mergers and good manners
29
Peter Watson on the importance of
maintaining cordial relationships throughout
a merger process
News
Lead 08
Could Richard III’s remains still end up in York
thanks to Gordons?
Business development 10
Newtons steps into the North East; Pinsent
Masons announces a swathe of new
partners; Des Hudson kicks up a storm over
the rivalry between Leeds and Manchester
Social & Charity
16
DLA Piper cycles for child justice; Petherbridge
Bassra gets walking for Marie Curie; and
Ramsdens’ motley crew runs for children’s
hospice
Community
20
Sarah Minors becomes the youngest ever
President of the Harrogate Law Society
Appointments 25
Irwin Mitchell, Emsleys, Capsticks, Beaumont
Legal,Schofield Sweeney and Eccles Heddon
all welcome new recruits
Legal
Find out what the Leeds Junior Lawyers
Division has been up to in 2014 so far
Focus on
26
First of its kind
31
The success of the Legal Advice Clinic
launched by the University of Huddersfield
could spark imitators around the country
Getting your message across
Think you’re too small to get your voice
heard in the crowded marketing game?
Think again, says Natalie Rodgers
35
A local court for local people
38
The Administrative Court in Leeds opened in
April 2009. But is it being neglected?
Vicious circle
42
Joanna Grandfield from Mills & Reeve
explains how the Government’s civil legal aid
cuts may come back to haunt Ministers
Last word
The new face of the Bar 46
Direct access is being taken to a new level by
Amanda de Winter
THE COVER SHOWS:
Leeds Civic Centre,
from the bottom
of the Millenium
Square, Leeds
Leeds & Yorkshire Lawyer Magazine | Issue 127
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Leeds
Law Society
President’s column
05
Changing times
Heidi Sandy is the
President of Leeds
Law Society and
is a solicitor in the
commercial litigation
department at
Gordons’ Leeds
office
L
eeds Law Society has some strong historical
and traditional practices, mirroring the legal
profession its members represent.
However, gone are the days of the
traditional legal practice, which conjure up images
of wood panelled offices, large arm chairs and long
Friday lunches.
The profession has changed significantly since
the days when some reading this column would
have started their careers as articled clerks. And
with the current legal and education training
review being debated, I expect it will change even
further. So much so that it will soon look very
different to how it did when I embarked on my
training contract.
Change has been a theme of my year as President
and as the legal profession has developed, so too
has the Society taken steps to modernise and reflect
the working lives of the members it represents.
In February the society hosted its annual legal
dinner at Aspire. This involved 240 guests coming
together for an excellent evening spent among
wonderful company. And the make-up of the guest
list was proof, if it was needed, that the face of the
legal profession is evolving rapidly.
In Leeds over 70% of our members are under 40
and almost 50% are women. This is a far different
picture from December 1922 when Carrie Morrison
became the first women to be admitted to the
Solicitors' Roll. To acknowledge the changing nature
of our profession, the society invited Legal Practice
students and trainee members to become members
for the first time this year. It seemed odd to me to
exclude those who are at the most exciting and
enthusiastic point in their legal career.
My hope is that the society and the wider legal
community will harness the energy and enthusiasm of
these junior members, as the future of the profession,
so that Leeds remains one of the strongest legal
centres in the country outside of London.
Leeds has a fantastic legal resource that we
should not be defensive of when compared to
other legal centres. London and international firms
can often be seen as competition to Leeds and
indeed it would be unrealistic to promote areas
where we cannot compete with the magic circle
and international firms.
However, it seems to me that in Leeds we get
the job done for clients in the most efficient, no
nonsense and – more importantly for our Yorkshire
clients – the most cost efficient manner possible.
My view is that we should be working hard to
let the wider national and international business
community know about the skills and expertise we
have here. Not working in competition with London
and international firms, but in cooperation and
conjunction to maximize opportunities.
With that in mind we hope to work more closely
with the government’s UK Trade and Investment
initiative in Leeds to make sure that business
contacts outside the city and the UK know what our
legal sector has to offer.
Talking of change, this is sadly my last column as
President. I will soon finish my term and move to
pastures new in Guernsey. Leeds has been my home
for the past ten years and it has provided me with
some fantastic opportunities and dear friends.
My involvement with Leeds Law Society during
that time has been a real pleasure and I wish it and
all its members the best success for the future.
06
News
Society
Mr Justice Dingemans and Mr Justice
Coulson with a guest
Heidi Sandy with main sponsors Aon
Guests enjoying the night
Heidi Sandy with the team from Skyscap
Drew McAdam from Mindplay with Leo JonesRowe from DWF
Annual Legal Dinner is a hit
Over 240 guests from 40 Yorkshire law firms and chambers were treated to culinary
delights and entrancing entertainment at Aspire in Leeds on 27 February.
Executive chef Tom Rennolds (a finalist on the BBC’s Masterchef television
programme) prepared a stunning three course meal while Drew McAdam of Mindplay
enthralled guests as he displayed his mind manipulation skills in a series of stunts with
the help of some willing guests.
Toasts and speeches were delivered by Mr Nick Lane Fox, Deputy Lieutenant of West
Yorkshire, His Honour Judge Collier QC, Recorder of Leeds, Heidi Sandy, President of
Leeds Law Society and James Haddleton, Past President of Leeds Law Society, who
revealed that the current President would soon be leaving Yorkshire for Guernsey.
Chef Rennolds also left the kitchen to mingle with guests and was congratulated for
the exclusive meal he had prepared for the evening.
Following the meal, McAdam amazed everyone present with his mind reading abilities
which he displayed by asking guests to participate in a number of activities.
One of them involved him correctly replicating an image a guest had drawn on a
piece of paper without seeing the original drawing, while another saw him influence a
set of volunteers into handing him an envelope which contained a £50 note.
A number of high profile members and friends of the Leeds Law Society were in
attendance at the dinner which was once again headline sponsored by Aon, who
provide specialist insurance products to law firms and barristers chambers.
Guests also supported Marie Curie Cancer Care by donating to the charity during the
evening.The total raised was £1,082. Leeds Law Society would like to thank everyone
who made a donation.
The Society would also like to thank the other established sponsors of the event over
the years: Mercedes-Benz, Armstrong Watson, Wesleyan, Safemove and Anakin Seal.
The event could not have been the success it was without the additional support of
the Society’s new sponsors this year either. The Society looks forward to building our
relationships with Dynamic Deliveries, Syscap (who kindly sponsored and hosted the
drinks), Callcredit and Checkaprofessional.
Planning for next year’s event is already well underway, with Safemove having already
agreed to sponsor the 2015 dinner.
Issue 127 | Leeds & Yorkshire Lawyer Magazine
Heidi Sandy with Shaun Dobson from
Anakin Seal
Leeds
Law Society
News
Society
07
Forthcoming events for 2014
Networking Lunch, Restaurant Bar and Grill
Monday 28 April
Leeds Law Society AGM, Cloth Hall Court
Tuesday 6 May
Clay Pigeon Shoot, Park Lodge Shooting
School
Thursday 15 May
Women Lawyers Event at DLA
Win an iPad Mini or an Apple TV
Leeds Law Society is your local independent professional
membership organisation and exists solely for its members. As
such, your input is vital to ensure we deliver services which are
of value to you and your firm.
Headed by a committee of dedicated legal professional
volunteers and supported by three part-time staff, our primary
objective is to provide benefits and services to support our
members’ personal development and wellbeing, while also
strengthening the spirit of community that has helped Leeds
become recognised as a centre of legal excellence.
Mindful of the fast-paced nature of our industry where
working practices, communications and training needs
can change overnight, we will be conducting market
research to find out how best to provide relevance and value
to our members.
We encourage you take part in this 10-minute survey to
ensure we continue to support you in the most appropriate
ways but, as a little incentive, all completed and returned
forms will be entered in a prize draw for an Apple TV. Those
willing to provide a little more detail in a further telephone
survey will be eligible to enter a second draw for an iPad mini.
Look out for the survey, which will be issued after Easter. It
will also be available online from 22 April to 9 May at
www.leedslawsociety.org.uk/members.
Tuesday 10 June
Annual Golf Tournament at Ganton
Golf Club
Monday 16 June
Meet the Judges
A review of Jackson one year on. Tuesday 17 June at BPP
University, from 4.30pm.
Twenty20 Cricket Yorks v Leics at
Headingley
Tuesday 1 July
Networking Lunch at Chaophraya
Monday 22 September
For more information visit
www.leedslawsociety.org.uk
08
News
Lead
Gordons helps raise hopes that Richard III could
still be buried in York
Gordons has
helped maintain
hopes that
the remains of
Richard III could
still be laid to rest
in York.
The firm, which
represents a
group of Richard
III’s collateral
descendants called the Plantagenet
Alliance, says that a judicial review
looking at the permission given for the
former monarch’s remains to be reburied
in Leicester, could open up the possibility
of the King being returned to Yorkshire.
A judgement on the review is expected
shortly, with it having taken place on 13
and 14 March at the High Court.
The Plantagenet Alliance has been
fighting for the King to be finally laid to
rest in York as it believes that Leicester is a
wholly inappropriate location as his burial
place, given that he had no connections
with the city beyond having met his
untimely end there.
The review examined the alliance’s
challenge to processes surrounding the
Ministry of Justice’s (MoJ) decision to
grant a section 25 licence under the Burial
Act to the University of Leicester.
Under the licence, the university was
authorised to remove Richard III from
beneath a Leicester City Council car park
during the autumn of 2012 and to
reinter him.
However, the alliance has argued that
the MoJ had failed to take into account
the wishes of the King, his descendants
or the wider public, when issuing the
licence. This, they said, was unlawful and
meant that the licence should be revoked.
Matthew Howarth (pictured) the
partner and judicial review expert at
Gordons who has been representing the
alliance, said that the full hearing had
originally been due to take place last
November.
“However, it was adjourned after
the three judges present granted our
application, which was resisted, for
Leicester City Council – which had
become an interested party in the case
only three weeks earlier – to be made a
defendant, alongside the university and
ministry,” he said.
“The council, which had earlier refused
our invitation to adopt defendant status,
was made to pay the costs we incurred in
making our application. The implications
of our success include that the local
authority may now be liable for further
costs, if we ultimately win the case.”
Leicester City Council’s barrister also
confirmed at November’s adjourned
hearing that it would hold a public
consultation on where the bones should
be buried – something it had considered
previously and rejected. The pledge
caused a judge to remark that the case
had now entered Alice in Wonderland
territory, as the alliance had sought such a
consultation all along.
In another twist, the council
subsequently withdrew its offer to
consult, and had another request to avoid
being a defendant refused.
Howarth said that the council’s
participation in the case had revealed
a disagreement between two of the
defendants.
“Before November’s hearing, the local
authority disclosed documents in which
it claimed the right to dispose of the
king’s remains, as they were found on
its property, an assertion the university
disputes,” he says.
He also said that it was surprising
that the case had ended up in court,
given that when permission for the
judicial review was given by Mr Justice
Haddon-Cave, back in August last year,
it was suggested that the parties used an
independent expert panel to adjudicate
on the matter instead.
“Quite why our opponents have
declined the obviously sensible option of
independent adjudication, preferring to
incur substantial legal costs – including
for the taxpayer – and tie-up considerable
court time, is inexplicable,” said Howarth.
“Despite my client being a not-forprofit entity, my firm having done a great
deal of work for it free of charge, and the
far better resourced opposition we face,
the judiciary has clearly recognised we
have a legitimate argument.
“Although many people are astonished
we’ve got this far [we have] every
confidence in our position, believing
there’s every chance the licence will be
quashed.
“If that happens, the odds about the
king eventually being laid to rest in York
will shorten dramatically.”
Chadwick Lawrence
to help make
house buying more
affordable
Chadwick Lawrence has entered into a
partnership with Share a Mortgage, an
affordable housing scheme.
Share a Mortgage is a brand new joint
ownership facilitator for private homebuyers willing to pool their resources to
buy and share properties in a safe and
affordable way. Chadwick Lawrence
will provide legal support to clients
collaboratively buying through Share a
Mortgage.
The firm, which has a team of specialist
conveyancing solicitors trained in shared
ownership and collaborative buying, has
been praised by Share a Mortgage for
having a proactive approach to looking
after clients.
“Sarah Haller (pictured) and her
conveyancing team have the right attitude.
Client first,” said Andrew Boast co-founder
of Share a Mortgage.
“It is hard to juggle all the balls during
the conveyancing process; client needs,
lender requirements, council delays, other
side pressures. But I have seen firsthand
how Chadwick Lawrence catch all the balls
and do it time and time again. They just
know their stuff,” he said.
Share a Mortgage also works with
mortgage brokers, credit agencies and
income protection insurers.
News
Lead
09
McCormick becomes a Premier League director after chair is taken ill
Peter McCormick OBE, senior partner
of McCormicks Solicitors, has been
appointed as a temporary director
of the Premier League, following the
announcement that its chairman,
Anthony Fry, was taken seriously ill
in March.
McCormick, who has been a member
of the Legal Advisory Group of the
League since 1996 and Chairman of it
since 2008, will chair Premier League
Board meetings in Fry’s absence.
“My thoughts and those of everyone
at the Premier League are with Anthony
Fry and his family. We wish him a speedy
and full recovery,“ said McCormick,
who is widely known for his expertise in
sports law.
“For my own part, I’m very proud and
feel privileged to have had the trust and
confidence of a unanimous vote of the
20 Clubs placed in me. I shall do all I
can to justify the faith placed of Richard
Scudamore, the chief executive, the
Audit and Remuneration Committee and
the clubs.”
McCormick is also a trustee of the
Football Foundation, the UK’s largest
sports charity, and chairman of Football
Stadia Improvement Fund, a company
funded by the Premier League which
makes grants to football clubs to
improve their facilities.
As well as his sporting commitments,
he is the chairman of three other
organisations: Visit Harrogate; War
Memorials Trust; and the Yorkshire
Young Achievers Foundation, a charity
helping young people in the Yorkshire
and Humberside region.
Rapid expansion forecast for Beaumont Legal as firm diversifies
Beaumont Legal, which has hired its 120th
member of staff, has announced plans to
employ more than 200 people by the end
of the year.
The firm, which now has one of the
largest conveyancing departments in the
country, has hired its first new solicitor
outside of conveyancing in Nicola Roberts
(pictured), a personal injury specialist (see
appointments page 25), as it looks to
expand its legal services departments.
Based in Wakefield with a turnover
exceeding £5 million, Beaumont Legal saw
unparalleled growth for the firm in 2013
as it expanded from 50 employees to more
than 120. The majority of the new positions
were filled by solicitors and law graduates in
the conveyancing division.
The firm has said that it will continue to
expand its residential conveyancing business
during 2014, as well as building its provision
of litigation, commercial property and wills
and probate services.
“Last year we began a major expansion
of the conveyancing business as well as
building a management team capable of
developing Beaumont Legal into one of
the country’s top providers of specialist and
modern legal services,” said Roy Cusworth,
senior partner at Beaumont Legal.
“During 2014 we will hire more
conveyancing solicitors as the residential
property market goes into overdrive and
we’re also looking to build our team in
other areas as we continue to develop other
specialist services.”
Roberts said that the firm had a “buzz”
around it.
“It’s exciting that [it] is expanding at such
a rate,” she said.
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10
News
Business development
Success for Pryers’ trainees
Towells Solicitors – an apology
Pryers, the medical negligence, product liability and personal
injury specialist based in York, has seen two of its staff successfully
complete their training contracts.
Kimberley Snape (pic, centre) and Jamie Paddock (right)
qualified in February and March respectively this year, making
room for new trainees to the firm Kristi Hale (second from right)
and Jonathan Gray (left).
Principal Ian Pryer (second from left) said that it was important
to recognise the talent that was already within the firm. Pryers
has two employees at the firm who have worked through the
ranks from office assistant to become fee earners in its personal
injury department.
“We are always happy to help our staff achieve their ambitions
by our encouragement and significant training. It gives us a much
more loyal team and really helps the firm as a whole,” he said.
In the last issue of Leeds & Yorkshire Lawyer (January/February 126)
we ran a story on the closure of a number of firms in Yorkshire
(Yorkshire firms forced to shut down due to lack of PII ) in which
we misrepresented the status of Towells Solicitors.
The story included a list of the firms named by the Solicitors
Regulation Authority (SRA), which we identified as having been
forced to shut down due to their inability to secure professional
indemnity insurance (PII).
This was incorrect. Towells Solicitors, one of the firms on the
list, did not close due to any problems with obtaining PII. Towells
in fact dissolved its partnership following the retirement of one
of its three equity partners. It was wholly solvent, fully capitalised
and had secured six years run-off PII which was paid for through
its cash reserves.
As a result, the closure of Towells Solicitors has been undertaken
strictly in accordance with SRA guidance and has been fully
compliant with The Law Society’s practice notes on firm closure.
Three partners from Towells went on to form Wakefield Law
with another solicitor from Towells, who became a partner in the
new firm.
The partnership of Wakefield Law was authorised by the SRA in
December 2013 and has at all material times held PII. The ongoing
cases of Towells were transferred to either Wakefield Law, or to
other nominated solicitors.
We sincerely apologise for this inadvertent error and for any
misunderstanding arising from the article in relation to the status
of Towells.
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News
Newtons officially steps into the
North East
Newtons Solicitors has spread to the North East with the
appointment of a commercial property lawyer to its newly
rebranded Darlington office.
The firm bought Hodgsons & Mortimer Solicitors last year
and has now renamed its Richmond and Darlington offices as
branches of Newtons Solicitors. Chris and Sarah Newton, the firm’s
husband-and-wife management team, have also appointed Gareth
Jones as a partner to head the new Darlington office which has
relocated to listed four-storey offices in the town.
Jones was previously at the Stockton office of national law
firm DWF and York-based Denison Till. He is experienced in
development work and advises investors, social housing providers,
NHS Trusts and banks.
Chris Newton said that Jones was a heavyweight commercial
property lawyer and a great addition to the firm’s growing
corporate team.
“We are pleased to welcome him and his loyal client following
which has created a strong commercial presence for us in the
North East virtually overnight,” he said.
“Together with other recent appointments, including Sally
Robinson, Steve Rae, Nick Hodgson and John Paice, we have
a very strong commercial property team in an experienced
corporate department which recruited James Towler from
Langleys, last year. This is particularly important now that the
economy is starting to grow.”
The Newtons Solicitors Group, which made 14 new fee-earner
appointments in 2013, has a £2.5m turnover.
11
Emsleys to tackle unregulated
will writers
Emsleys has launched an online wills review service in a bid to fight
back against unregulated will writers.
The firm says that its ReviewMyWill service can help anyone
whose will may be out of date or unclear. It will also offer advice
on inheritance tax issues and inheritance disputes.
The tool follows on from other successful ventures created
by the firm, including www.reviewmyclaim.co.uk which allows
clients the chance to see if their personal injury cases have been
handled correctly.
Liz Stephen, partner and head of wills and probate at Emsleys
said that writing a will was far too important to put in the hands
of unqualified, unregulated and uninsured will-writers, where
standards can often be poor.
“Many people don’t realise that unless they use a solicitor, they
have no protection if things go wrong,” she said.
“The Ministry of Justice last year rejected calls from the Legal
Services Board to regulate the will-writing industry, so people remain
at risk of sub-standard wills produced by untrained writers.”
“Many people get a free will from their bank or go to a willwriter. When the person dies, the family often finds that a third
party is in charge, accessible only via a call centre and exorbitant
fees are charged to wind up their estate.”
Emsleys recently joined only a handful of firms in the UK to be
awarded membership to the Law Society’s Wills and Inheritance
Quality Scheme (WIQS), the mark of excellence for wills, probate
and estate administration. The practice is the first law firm in West
Yorkshire to be awarded the prestigious trust mark, which follows
rigorous assessment by the Law Society.
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Contact our legal sector team on 0113 221 1300
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ADV Leeds and Yorkshire Lawyer June 13 Proactive Advice Andy Poole AH.indd 1
30/05/2013 10:07:47
12
News
Hudson criticised for saying that Leeds’ lawyers now trail Manchester’s
Des Hudson, the outgoing chief executive of the Law Society, has
been criticised after saying that the city’s legal sector has fallen
behind that of Manchester.
Hudson, who was born in Halifax and studied at the University
of Leeds, said in a recent talk in the city that he believed that
Manchester had now become the fastest growing legal centre
outside of London.
Quoted in The Yorkshire Post, Hudson said that Manchester had
taken over from Leeds due to changes in the economy.
“We have seen businesses that were previously owned and run
and managed from Leeds disappearing or being taken over. Those
decision makers have moved to London or Manchester. That’s been
a factor. I think that Manchester has had its work to do to catch
up with Leeds, so maybe people who ran the firms in Manchester
reacted to that. They’ve sharpened their act,” he said.
He added that Leeds was still a major centre for legal work in the
north east of England, but that Manchester’s growth would have
given it an issue “to think about.”
Lawyers have lined up to question Hudson’s remarks, with
Mark Burns, senior partner at Leeds-based Clarion, telling Leeds &
Yorkshire Lawyer that Hudson’s comments were “nonsense”.
“The facts speak for themselves. Leeds’ legal community is still
the largest and most vibrant in the North. What’s more, Leeds also
generates more revenue from law than our neighbour across the
Pennines,” said Burns.
Paul Joyce, managing partner of Ramsdens said that although
Manchester’s commercial sector was believed to be bigger than
Leeds’, the legal sector rivalry between the two cities told a
different story.
“My view is that the legal sector in Leeds has been stronger for
many years and continues to be so,” said Joyce.
“I think Des Hudson is picking up on recent comments about
Manchester being the second city in the country for business,
which may well be true generally, but Leeds and the rest of West
Yorkshire continues to punch well above its weight.”
Meanwhile, a separate study on legal activity in the UK run
by NatWest and RBS has found that law firms across the North
East and North West achieved an 11% increase in profit from the
previous year. This, said the report, delivered partner profits at
£20,000 above the national average – second only to firms
in London.
The Financial Benchmarking Report looks at the financial
performance of small and medium enterprise (SME) law firms
operating outside of the UK top 100. Peter Gray, head of
professionals in Yorkshire and North Derbyshire for Natwest, said
that the report also showed that the tide was turning for law firms.
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News
Liddell retires from Ware & Kay
Ware & Kay has said farewell to
partner David Liddell, who has retired
after working for the firm for more
than 30 years.
Liddell (pic, right) was a litigation and
dispute resolution lawyer with expertise
in personal injury. He qualified in 1980
and joined Ware & Kay as an assistant
solicitor in 1983.
The firm held an evening celebration
for Liddell at its offices in York, where
he was joined by family, friends, and
colleagues, as well as clients.
A well-known member of the
Association of Personal Injury Lawyers
and a former Assistant Deputy Coroner
for York, Liddell said that he was
13
Langleys seminar addresses
landmark overhaul to data
protection legislation
heading off into retirement “with
a mixture of excitement, gratitude,
disbelief and a touch of sadness”.
“I’m excited about having the
opportunity to do a lot of the things
which work commitments have not
left enough time for, such as spending
more time with my wife, Val and our
family and friends and playing my
guitar,” he said.
“The touch of sadness is at knowing
that I will never again have the
satisfaction of contributing towards a
good resolution of a client’s dispute and
in losing the day-to-day contact with
clients and colleagues which makes
being a litigation lawyer so worthwhile.”
Langleys has held a seminar in Leeds to address
what steps lawyers should be taking to get
to grips with new data protection legislation
written by the European Union.
Taking place on 3 April at Hays Legal in Leeds
and run by the firm’s commercial division, the
event looked at the latest overhaul of data
protection law by the EU since since 1995. The
new law aims to give people more effective
control of their personal data online, and make
it easier for businesses to operate and innovate
in the EU’s Single Market.
The reforms give citizens the ‘right to be
forgotten’ and to be able to ask companies to
delete their information from their computer
systems. They also require businesses and
organisations to gain explicit consent from
citizens before processing their data,
Langleys’ regulatory expert Jeremy Scott,
who led the seminar, said that lawyers should
be working to understand the new regulations
and their implications.
“The new legislation, when it comes, will
affect every individual and business in one
way or another,” said Scott, “so it’s vital that
lawyers are ahead of the game in terms of
understanding what the implications will be.”
Firm advice
Andy Poole, the Legal Sector Director at
Armstrong Watson, answers your strategic and
financial questions every month
What results should my law firm be achieving in
the current climate?
We maintain a database of financial key performance indicators for
every firm we advise. We supply a bespoke individual report to all of
our legal sector clients as part of our normal accounts service. Those
individual discussions allow us to take more of a strategic stance with
our legal clients. We have produced an annual benchmarking report
for the legal sector which can be downloaded from our website.
The highlights from the report are set out below:
• The average fee income per equity partner was £286,000 which is
33% higher than in 2012.
• The average fee income per fee earner was £112,000 which is
15% higher than in 2012.
• The average net profit per equity partner was £75,000 which
represents 26% of fee income. Law firms with 11+ partners
performed above this benchmark with average net profit per
partner of £131,000.
• Equity partner charge out rates have increased by a couple of
percentage points for law firms with 1-10 partners. Law firms
with 11+ partners show an uplift to equity partner charge out
rates of 9%.
• The average number of chargeable hours per fee earner has
reduced from 1,015 per annum for 2012 to 997 per annum
for 2013.
• The average time taken to bill work in progress has reduced from
99 days to 92 days. The average time taken to collect debts has
increased from 69 days to 72 days.
In general, 2013 showed growth in fee income and profits.
However, that is not necessarily being reflected in cash. Working
capital continues to be a significant concern for many firms,
especially those that are highly geared. Firms need to continue
to monitor their work in progress days and debtor days and take
proactive steps to reduce these where possible.
If you are interested in seeing how your firm compares with the
benchmarks in this report or want to investigate variances with your
own firm’s performance then please contact me.
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 editorial@barkerbrooks.co.uk.
- To contact Andy directly, call 0113 221 1300 or email andy.
poole@armstrongwatson.co.uk
In association with
14
News
City centre expansion announced for Winstons
Winston Solicitors has opened a new
office in Leeds city centre, at 4 Park Place.
The firm has grown steadily since it
was established in 2002 and has now
found its 7,500 sq ft. main office at 112
Street Lane, Roundhay, to be almost full.
“This strategic move is important for the
practice, as it gives our commercial and
court-based teams a presence in the heart
of the Leeds legal and commercial centre,”
said managing partner Jonathan Winston.
Winston’s original plan for the firm was
to develop a practice with a city centre level
of expertise, located in an area close to the
homes of many of its clients,while offering
them the convenience of free on-site
parking in an easy-to reach-location.
As the firm has expanded and
diversified into commercial work,
Winston said that it made perfect sense
to open the city centre office, to cater for
the needs of all its clients.
DWF advises on first REIT flotation of its kind
DWF has advised pension and wealth
management consultancy Mattioli Woods
on the flotation of a new real estate
investment trust (REIT) company onto the
London Stock Exchange.
Custodian REIT, a newly incorporated
company formed by Mattioli Woods, is
believed to be the first UK REIT IPO to
combine a fundraising with the acquisition
of a seed portfolio of properties.
The transaction involved the purchase
of an initial portfolio of 48 properties from
syndicates managed by Custodian Capital,
an investment manager arm of the Mattioli
Woods group, as well as a placing an offer
for subscription to raise £55 million. The
funds raised are to be invested in a diverse
portfolio of UK commercial properties over
the next twelve months.
Leeds-based Guy Jackson lead the deal
for DWF and said it was a pleasure to have
worked on the unique deal for Mattioli
Woods, which has been a long-standing
client for the firm.
“Our corporate and real estate funds
team have done a great job advising
on what was a complex and, at times,
challenging transaction, involving not only
a main market IPO but also the acquisition
of a property portfolio from over 50
investment syndicate structures and some
1,100 investors,” said Jackson.
“Our significant experience of REITs
meant we were well placed to advise
Custodian REIT and Mattioli Woods.”
Ian Mattioli, chief executive of Mattioli
Woods, thanked Guy and his team, saying
that they had done a fantastic job and
invested a huge amount of time and effort
on the consultancy’s behalf.
Emsleys to tackle
unregulated will writers
Emsleys has launched an online wills
review service in a bid to fight back against
unregulated will writers.
The firm says that its ReviewMyWill
service can help anyone whose will may
be out of date or unclear. It will also
offer advice on inheritance tax issues and
inheritance disputes.
The tool follows on from other successful
ventures created by the firm, including
www.reviewmyclaim.co.uk which allows
clients the chance to see if their personal
injury cases have been handled correctly.
Liz Stephen, partner and head of wills
and probate at Emsleys said that writing
a will was far too important to put in the
hands of unqualified, unregulated and
uninsured will-writers, where standards can
often be poor.
“Many people don’t realise that unless
they use a solicitor, they have no protection
if things go wrong,” she said.
“The Ministry of Justice last year rejected
calls from the Legal Services Board to
regulate the will-writing industry, so
people remain at risk of sub-standard wills
produced by untrained writers.”
“Many people get a free will from their
bank or go to a will-writer. When the
person dies, the family often finds that a
third party is in charge, accessible only via a
call centre and exorbitant fees are charged
to wind up their estate.”
Emsleys recently joined only a handful of
firms in the UK to be awarded membership
to the Law Society’s Wills and Inheritance
Quality Scheme (WIQS), the mark of
excellence for wills, probate and estate
administration. The practice is the first
law firm in West Yorkshire to be awarded
the prestigious trust mark, which follows
rigorous assessment by the Law Society.
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16
News
Society and Charity
DLA Piper cycle challenge raises
thousands for child justice
Where there’s a will there’s a way
for Bell & Buxton
DLA Piper’s Yorkshire offices have raised £8,275 for UNICEF after
participating in a UK-wide cycle challenge.
The money increased the total amount generated by the
firm around the UK to £31,189. All the money raised has been
matched by the firm and will be sent to UNICEF’s Child Justice
Project in Bangladesh.
The cycle challenge involved 34 teams competing on exercise
bikes in each of the firm’s seven UK offices. Each team had up
to 10 cyclists which included future trainees of the firm, clients
and DLA Piper staff. Pure Gym, a national supplier of the firm,
donated the bikes for the event.
The challenge was to complete the furthest collective distance
possible as a team on one shared bike between 10am-4pm,
with a prize for the team that cycled the furthest and raised the
most donations.
Sarah Day, managing partner of DLA Piper’s Leeds office, said
that the event had been a great opportunity to bring together
staff, clients and future trainee solicitors.
“I am delighted with how much money our teams have raised
for this charity and very impressed with the distances the teams
covered on the day,” she said.
“Congratulations to everyone who took part and thanks to all
those who sponsored our teams.”
In April 2013, DLA Piper launched a three year partnership
with UNICEF. During the partnership the firm will provide pro
bono assistance through the UK Committee for UNICEF to the
value of £3 million. It has also made a donation of £1 million to
UNICEF’s global child justice programme.
Bell & Buxton has revealed that it has raised £9,000 to date for
Will Aid 2013, after preparing over a 100 wills for the charity.
The firm’s contribution has put it in fifteenth place in the
rankings for Will Aid fundraising in the UK. Last year was the
ninth consecutive time that the firm has participated in the
fundraising initiative, and means that it has raised £46,000 in
total for the charity.
Charles Neal, a partner at Bell & Buxton, saiad that the firm saw
Will Aid as part of its commitment to being socially responsible.
“We work very hard to make the campaign a success and
are delighted to have done so well by raising over £46,000 to
support vulnerable people and incredible projects all over the
world,” he said.
Will Aid offers everyone the opportunity to make or update
their Will in return for a donation to nine well-known UK charities:
ActionAid, Age UK, British Red Cross, Christian Aid, NSPCC, Save
the Children, Sightsavers, SCIAF (Scotland) and Trocaire
(Northern Ireland).
Ruth Tormey from Christian Aid, visited Bell & Buxton to thank
the team for their hard work and to present them with a Will
Aid certificate.
“Not only do we receive a significant amount in donations, but
the campaign also provides an opportunity for people to leave
Christian Aid a legacy,” said Tormey.
“Legacies of all sizes are incredibly valuable to Christian Aid –
last year our income from legacies could have more than paid for
all our work in Latin America and the Caribbean – making a lasting
difference to thousands of lives,” she added.
Leading business solicitor joins the board of National Day Nurseries Association
David Smyllie, head of Lupton Fawcett Denison Till Solicitors
business recovery and insolvency department, has become a
trustee for the National Day Nurseries Association.
Smyllie, a widely recognised as a leading business recovery and
insolvency lawyer, has been warmly welcomed to the association’s
board by chair of trustees Sarah Carr OBE.
“I am delighted David is joining the board at NDNA. He brings a
wealth of experience which will be invaluable to NDNA’s vision and
its members,” said Carr.
Smyllie said he was looking forward to his new role.
“Having seen my own children benefit from good quality nursery
care, I believe very strongly that excellent early years education and
nursery childcare are key ingredients to helping resolve many of
the issues we see in today’s society,” he said.
News
Society and Charity
17
Petherbridge Bassra gets walking for Marie Curie
Petherbridge Bassra Solicitors has sponsored the Marie Curie Daffodil
Walk for the second year running.
The Daffodil Walk, now in its sixth year, took place on Sunday 23rd
March, with walkers enjoying a stroll through the grounds of Bingley
St Ives.
Speaking before the event, Anne Petherbridge, practice manager at
Petherbridge Bassra Solicitors, said that it was a great honour for the firm
to be able to help the Marie Curie local fundraising group, known as The
Daffs, with the venture again.
“It’s an event that really brings the whole local community together to
show active support for their local hospice, especially as so many families
are sadly affected by cancer in some way,” she said.
“Even the snow didn’t chill the enthusiasm of last year’s walkers so this
year we’re hoping the sun might make an appearance and that we’ll raise
even more money for the Hospice.
“We want to support it through this and many other events.”
The Daffs have so far raised over £130,000, with last year’s walk
raising £1,500.
Dave Harvey, chair of The Daffs said that the charity was very grateful
to Petherbridge Bassra for agreeing to sponsor the walk for a second year
and that it would help it provide local people with the best care possible.
As well as supporting Marie Curie Petherbridge Bassra is also
sponsoring an event to raise money for Punjab Rescue, an organisation
which enables firefighters from West Yorkshire Fire Service to go to
Pakistan to help train and educate local firefighters.
(left to right) Anne Petherbridge (Practice Manager), Martin and Zoe
Grogan of Petherbridge Bassra with their little boy William-Joseph,
Munisa Malik & Louise Colledge (Employment Law Team) with Dave
Harvey & Jean Peart of The Daffs plus a couple of four-legged friends.
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18
News
Social & Charity
Promotional feature
Compliance Tips
Two and a half years on since the
introduction of Outcomes Focused
Regulation we look at some of the very
basic steps which you should have taken.
You have discretion about the method
of making some information available to
clients but other information should be in
writing. In the interests of transparency,
we would recommend that it is good
practice to make the following information
available on your website:
• SRA – state that you are ‘authorised and
regulated by the Solicitors Regulation
Authority’, specify your SRA number;
company name, number and registered
office. Include details of how to access
the professional rules applicable to you
• Legal Ombudsman (LeO) – specify
that the complaints procedure is
available on request and provide a link
• VAT - indicate your VAT number
• Compulsory Professional Indemnity
Insurance – state that you have PII and
that details are available on request
• Financial Conduct Authority – change
references from the FSA to FCA. State
your practice’s regulatory status. If not
FCA regulated, include status disclosure
statement in Rule 3 of Financial Services
(Conduct of Business) Rules
• National Crime Agency - change
references to SOCA to the NCA
• Cookies – ensure your cookie policy is
immediately visible
• Website – state: a physical address, a
contact email address, an ‘applicable
jurisdiction’ clause and a suitable
disclaimer of responsibility
This is by no means a conclusive checklist,
but a few pointers to quickly improve
compliance. Getting these basics right
should lower your risk profile in the event
of an SRA desktop check.
100 not out for Ridley & Hall and dementia alliance
Balanced
compliance
solutions
Ridley & Hall Solicitors has become the
100th member organisation to join the
Yorkshire and Humber Dementia Action
Alliance.
The regional Alliance was launched in
November 2012 and is part of a national
movement which is trying to improve
the lives of people living with dementia,
by raising awareness of the support that
sufferers require.
Ridley & Hall managing partner, Adam
Fletcher, and solicitor, Helen Webster,
have also supported the creation of a local
dementia action alliance for Kirklees.
“The enthusiasm of our staff during the
preparation of our action plan to join the
regional Alliance resulted in us taking a
major role in the formation of an Alliance
here in Kirklees,” said Fletcher.
“Surprisingly, the Alliance does
not include many members from the
professional services sector despite their
regular interaction with those living with or
supporting those with dementia.
“I would encourage all responsible
organisations to consider how they can
make not only the services they provide
but also their general environment more
dementia friendly.”
Simon Wallace, project manager for the
regional Alliance, said that the firm was a
great supporter of age-related causes and
that it had introduced innovative services
to support and advise older clients.
“Their commitment to become even
more dementia friendly is simply the icing
on the cake,” he said.
“What is more, they have been heavily
involved in setting up Kirklees Dementia
Action Alliance (KDAA) with Adam
Fletcher taking on the role of Chair of this
important community-focussed group.”
Taylor&Emmet spread a little love
LBS Protect
The cost-effective
risk management and
compliance solution
for Solicitors
 Lexcel, CQS & WIQS Assistance
 COLP & COFA Support
 Regulatory Compliance Audits
Staff from four of Taylor&Emmet’s offices
 CPD Training
have shown their love for the Alzheimer’s
Society by dressing up in red for a special
 ABS Applications
Valentine’s themed dress down day.
The combined endeavours of employees
 Law Firm Incorporations
For further advice contact Brian Greevy
at LBS Legal on 0113 385 4483 or on
Brian.Greevy@LBSLegal.co.uk. If you
would like our consultants to answer
your regulatory questions in the next
issue of Leeds & Yorkshire Lawyer then
please email Brian.
at the firm’s Arundel Gate, Ecclesall Road,
Dronfield and Bakewell branches brings the
total raised to help people and carers living
with dementia in the local area to £480 in
just six weeks.
A raffle held at the firm’s annual dinner
last month kicked off Taylor&Emmet’s
fundraising in style, adding £350 to the
kitty, thanks to prizes donated by local
businesses, including afternoon tea for
two at Andrew’s Café Tea Rooms and a
spa day with treatments at the Clumber
Park Hotel near Worksop.
Claire Fletcher, Taylor&Emmet’s
marketing coordinator, said: “I’d like to
thank everyone who threw themselves so
enthusiastically into our Valentine’s dress
down day and spread a little love for our
annual charity.
We have made an excellent start to this
year’s fundraising and we aim to keep the
momentum going, through a series of
entertaining and energetic challenges.”
We’ll come to you: arrange a no obligation assessment
127 | Leeds & Yorkshire Lawyer Magazine
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your
requirements by calling 0845 056 3949
News
Social & Charity
19
Promotional feature
Ramsdens’ Motley Crew runs for children’s hospice
A group of ten adventure hungry
charity fund raisers, including staff from
Ramsdens, have raised money for the
Forget Me Not Children’s Hospice by
taking part in obstacle course The
Major Series.
Naming themselves The Motley Crew,
the group ran 6km over hills, through ice
cold rivers and plenty of mud, raising over
£350 for the hospice.
Sinead Sopala, director of marketing at
Ramsdens Solicitors and the leader of the
team, said that the Motley Crew had a
great time taking part and really enjoyed
helping support the charity.
“We knew the event was going to
be challenging and muddy and it didn’t
disappoint,” she said.
As well as Sopala and her colleague
Racheal Sykes, the Motley Crew was
made up of: Jason Taylor from Kirklees
College; Jason Costello from the Forget
Me Not Children’s Hospice; Ian Parsons
from Parsons Accounting; Juven Nelson
from NatWest; Tracy Smith and Jo Palmer
from the Mid Yorkshire Chamber of
Commerce; and Jamie Watson from Fusion
It Management.
Gordons raises nearly £20,000 in a year for
children’s disability charity PhysCap
Teams from Gordons’ Bradford and Leeds
offices have raised almost £20,000 for
children’s charity PhysCap in the last year.
The Leeds-based charity helps purchase
specialised and therapeutic equipment
for children across Yorkshire who
suffer from severe physical and mental
disabilities. Families are referred to the
charity by therapists, hospitals and
specialist schools, often as a last resort
when efforts to obtain funding elsewhere
have been rebuffed. It also has a number
of high profile patrons, including Sir
Michael Parkinson and Coronation Street
actor Jack Shepherd.
Staff from Gordons have attracted
donations through a variety of
fundraising events, including a football
tournament; a 40-mile Lyke Lake Walk
which crosses the North Yorkshire Moors;
and a summer fete.
John Holden, a senior partner at
Gordons, said his firm was delighted to
have raised such a large sum.
“PhysCap is run entirely by volunteers,
which is refreshing,” he said. “The fact
that it helps children with physical and
mental disabilities – and is based in
Yorkshire – means the money’s uses
are highly visible, which is very satisfying
for us.”
A substantial amount of the funding
from Gordons has been used to buy items
benefiting the 175 pupils at Dewsbury’s
Ravenshall School with complex needs.
Most of the children at the school have
moderate learning difficulties, combined
with other special educational needs,
such as behavioural difficulties or autistic
spectrum disorders.
The charity has also used some of the
money to fund a motorised wheel chair
for a girl in Ilkley.
“We depend on the generosity of
businesses and individuals to ensure we
can continue to assist children who
need our help,” said PhysCap chairman
Daniel Gray.
“We therefore can’t thank Gordons’
staff enough for the efforts they’ve put in
to making such a difference to the lives
of many children across the region.”
The heat is on
By the time this article goes to print,
the Solicitors Regulation Authority
(SRA) consultation regarding the
financial strength rating for Participating
Professional Indemnity Insurers will
have closed.
This consultation was brought about
due to some notable collapses of unrated
insurers causing problems for solicitors
and the regulator. In their consultation
paper the SRA stated that “...in the past
5 years, there have been two regulatory
interventions and two insolvencies
amongst Participating Insurers. All related
to unrated insurers.”
One likely option for the SRA is to impose
a minimum B rating on insurers which they
may feel is high enough to ensure financial
strength yet low enough to enable new
entrants into the marketplace. Currently
there are three unrated insurers that this
would affect; two of these are looking to
attain a B rating or above; the other has
stated it will not.
We will know shortly what the
situation will be, but it is prudent for
anyone insured with an unrated insurer
to be prepared. Although two of these
are looking for a rating there are no
guarantees that they will achieve such
status by the deadline required.
It has always been our advice to
commence preparations as early as possible.
This certainly applies to anyone insured
with an unrated insurer but applies equally
for those insured with a rated insurer. All
firms in the 1-10 partners sector need to
be prepared as there may be another influx
of new enquiries to rated insurers this year
that may slow the process down.
In our experience, we believe that
although most of the firms we have
worked with in Leeds and Yorkshire present
themselves in a professional and timely
fashion, there are always ways to improve
your chances of success and be properly
prepared for whatever the SRA finally
decide is the best course of action.
Jake Fox is head of professional
indemnity Leeds Office,
FINEX Global, Willis.
20
News
Community
Promotional feature
Minors becomes youngest ever President of
Harrogate Law Society
Raworths solicitor, Sarah Minors has
become the youngest ever President of
the Harrogate and District Law Society.
Taking over from Andrew Meehan,
Minors, 34, has served on the Harrogate
Law Society Committee for the last seven
years and becomes the third solicitor from
Raworths to hold the office in the last
four years.
Minors, who qualified in 2003,
specialises in divorce, financial
applications and children cases including
emergency applications and interjurisdiction matters. She joined the family
unit at Raworths in 2005 and achieved
accreditation from the Law Society’s
Family Law Scheme in 2011.
Minors is also a member of family law
group Resolution.
“I hope to be able to raise the profile
of the Harrogate and District Law Society
and, most importantly, to demonstrate
its relevance to the community today,”
she said.
“With attitudes to the legal system
in this country evolving and such a
proliferation of alternatives to the
conventional route of consulting a solicitor,
my aim is to show the importance of the
solicitor’s role in society.
“Harrogate has its own issues which
are specific to our area and we hope to
be able to raise these at regional and
national level.”
Current Raworths solicitors Deborah
Boylan, William Kinread and Christopher
Butterworth are also previous presidents
of the Harrogate Law Society.
Eclipse Legal Systems, the legal sector’s
largest independent software solutions
provider, has announced the release of
an email marketing solution utilising
dotMailer.
dotMailer is one of the UK’s leading
email marketing and automation tools,
providing a browser-based interface
that enables law firms to create and
distribute HTML content. Eclipse’s new
dotMailer connector enables users of
the firm’s Proclaim Case and Practice
Management solutions to broadcast rich
content to their clients and prospects.
We are unifying
a law firm’s
communication efforts
within one solution”
New committee is elected for Sheffield and District
junior lawyers division
The Sheffield and District junior lawyers
division has selected a new committee,
following an election event held in
Sheffield’s city centre.
The event, which took place on 13
March, was sponsored by legal recruitment
firm BCL Legal and hosted by Vodka
Revolution. It saw candidates deliver a
short speech outlining what they hoped to
bring to the committee and explaining why
they should be elected. Each candidate
who was up for election had to have
qualified within the last five years or be
working in the legal profession.
Stacey Hanson, a paralegal with Irwin
Connect the dots with
Proclaim
Mitchell, was elected as President, while
Amy Barrow, her colleague and a trainee
solicitor, was chosen as the new Secretary
for the division.
Henry Hill, a trainee Solicitor at HLW
Keeble Hawson, was picked to be
Treasurer.
The aim of the committee, which is
elected annually, is to offer members
events, seminars and workshops that are
aimed at developing skills, and to provide
support and a place for like-minded
individuals to come together and share
experiences.
Rozie Rhodes, senior associate at BCL
Legal, said: “We are big supporters of
the Sheffield and District Junior Lawyers
Division. Ciaran Dearden, the outgoing
president and his team, did an amazing
job during their tenure and I’m sure Stacey
Hanson and her new colleagues will build
on that success to make the organisation
even more relevant and dynamic than it
already is.”
Using the connector, contact data
held within the Proclaim solution can
be shared with the dotMailer system,
enabling the creation of personalised
target lists. This data can be utilised
to create intelligent content within,
for example, a dotMailer created
newsletter template, and the results of
marketing campaigns can be shared
back in to the Proclaim client / prospect
management system.
The new connector utilises Web
Services communications to share
data in real-time between Proclaim and
dotMailer.
Eclipse’s Marketing Director, Darren
Gower, said that the latest development
opens up another layer of CRM
functionality for Proclaim users.
“By sharing data seamlessly between
the systems, we are unifying a law firm’s
communications efforts within one
integrated desktop solution,” he said.
“A huge amount of relevant, valuable
client and prospect data is held within
Proclaim - so it makes sense to utilise
this for marketing purposes rather than
having to rely on a separate system
and data store to maintain marketing
communications.”
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22
News
Community
Wilkinson Woodward bids farewell
to probate specialist
Taylor&Emmet helps residents fight
fire with fire
Yasmin Cross, a probate specialist with
Wilkinson Woodward who switched
from a teaching career for one in the
law, has retired.
Cross began her career in teaching, but
at the age of 36 and fuelled by a lifelong interest in law, took the decision to
leave her senior role at a local secondary
school and devoted the next four years to
retraining as a solicitor.
After qualifying in 1996, she joined Brighouse solicitors Bearders
and become a partner at the firm’s Halifax office in 2000. Bearders
merged with Wilkinson Woodward last year.
Cross developed a reputation for her expertise in probate, wills,
estates and matrimonial work over her career.
“I’ve always been fascinated by law and consider myself very
fortunate to have worked with two of Halifax’s most established
and respected legal practices”, said Cross.
Maureen Cawthorn, director of Wilkinson Woodward said that
Cross had devoted many years to serving the community of Halifax.
“Her ability to combine legal expertise with a personal and
empathetic approach has been greatly valued by her clients. We
wish Yasmin a long and happy retirement,” she said.
South Yorkshire firm Taylor&Emmet
has helped a group of
Nottinghamshire locals win a high
court battle to stop a crematorium
being constructed in an area of
outstanding natural beauty.
Paul Clarke, a litigation expert
with the firm (pictured), is part of the
legal team trying to prevent private
developers Westerleigh Group from
building in the Lambley Dumbles in North Nottinghamshire.
Residents sought legal help after Gelding Borough Council
refused to review its planning decision which led to a court
hearing in Birmingham where Mr Justice Green ruled that the
planners were instructed to reassess the application.
“This is a victory for the public and the protection of places we
regard as special,” said Clarke.
“Residents understandably did not want to have this
development built next door to them, in what is a particularly
beautiful spot, so we agreed to help on a no win, no fee basis.
“Planning decisions are becoming harder to challenge, but
this shows that with determination and expert advice, it is still
possible to achieve the right result.”
SAVE THE DATE 16.10.14
New Dock Hall, Royal Armouries Drive
Leeds LS10 1LT
Nominations now open
ENTER AT | www.yorkshirelegalawards.co.uk
Headline Sponsor
Nominations: Paul Bunce | paul.bunce@barkerbrooks.co.uk
Sponsorship: Rosie Beattie | rosie.beattie@barkerbrooks.co.uk
AmTrust Law
An AmTrust International Division
Charity Partner
Telephone:
01423 851150
BarkerBrooks
Trusted media partners
Sponsors
Issue
127 | Leeds & Yorkshire
Lawyer Magazine
YLA2014_STD_HP.indd
1
08/04/2014 10:56
News
Community
23
Eversheds partner named chairman for regional property litigation group
The Property Litigation Association (PLA) has
elected a new Northern region chairman,
Damian Hyndman, a partner in the real
estate litigation team at Eversheds LLP.
The PLA is a members’ organisation for
professionals specialising in all aspects of
commercial, residential and agricultural
property litigation who come from a variety
of firms in terms of size and location.
Hyndman said that the PLA had much to
offer and that he wanted the region to do
more under his stewardship.
“I am keen for our talented junior
members to have more of a voice and I
want to raise the PLA’s profile and increase
engagement with local practitioners and
firms – not least to deliver the training and
events people want to see,” he said.
“Attending training and social events
organised in the region gives our members
an inexpensive opportunity to gain CPD
training, network and share best practice
with other solicitors in varying stages of their
career and from a variety of backgrounds.
“We have an impressive line up of
barristers involved in delivering our
training which also provides a platform for
members to build stronger relationships
with a variety of chambers and barristers.”
Hyndman has also urged solicitors,
legal executive and barristers to come
forward and join the organisation which
has a membership that includes sole
practitioners through to global law firms.
Visit www.pla.org.uk/about/membership
to find out more about joining.
Brand new judging panel for rebranded Yorkshire Legal Awards
B arker Brooks Communications, the
publisher of Leeds & Yorkshire Lawyer, has
announced a brand new judging panel for
the Yorkshire Legal Awards, which will be
held this year on 16 October in Leeds.
Formerly known as the Yorkshire Lawyer
Awards, this year’s entries will be judged by
a group of legal experts chaired by Alistair
MacDonald QC, the winner of Barrister of
the Year at last year’s ceremony.
MacDonald was the leader of the NorthEastern Circuit from 2011 to 2013 and
is now vice chairman of the Bar Council.
He will be joined by fellow judges Steven
Dawson (President of the Sheffield Law
Society); Professor Surya Subedi (from the
School of Law at the University of Leeds);
Satpal Roth (from Kher Solicitors and last
year’s Rising Star award winner); Peter
Wright (President of the Yorkshire Union of
Law Societies); Philip Jordan (President of
the Leeds Law Society); Chris Fry (managing
partner at Unity Law); and Matthew Martin
(Chair of the Leeds Junior Lawyer Division).
Jeremy Shulman and Peter McCormick
OBE, who have been joint Presidents of the
awards in the past, will not be part of the
judging panel but will once again select a
winner for the Presidents’ Award for 2014.
Look out for an interview with the
Presidents in the next issue of Leeds &
Yorkshire Lawyer.
AmTrust Law will once again be the
headline sponsor for the event, which is also
being supported by CallCredit Information
Group, BPP Law School, STL Group, Baker
Tilly, New Park Court Chambers, PSG, mma
digital, Willis Group, Wesleyan Group, LBS
Legal and Kings Chambers. The event’s
charity sponsor will once again be Yorkshire
Cancer Research.
Submissions are now open. To find out
more please visit www.yorkshirelegalawar
ds.co.uk or contact Paul Bunce on 01423
851150 or at paul.bunce@barkerbrooks.
co.uk . For sponsorship enquiries, please
contact Rosie Beattie on 01423 851150 or
at rosie.beattie@barkerbrooks.co.uk.
EWHC 90186 (Costs), it was noted that the
dictionary definition of ‘exceptional’ means
‘unusual’ and exceptional circumstances
were found where the defendant’s
poor conduct had caused the claimant
significantly more work.
Other circumstances in which exceptional
circumstances have been found include:
1.The RTA exacerbated pre-existing
multiple sclerosis.
2.An adolescent suffered from anorexia
nine months after the RTA, and medical
opinion raised the possibility that the
disorder was due to the accident.
3.The RTA may have accelerated a
Claimant’s dementia, but the issue was
not pursued because of the stress
of proceedings.
Circumstances in which no exceptional
circumstances have been found include:
1.An elderly Claimant and a Defendant
denying liability until making a Part 36
offer shortly before issue.
2.A Defendant denying causation on
the basis that the matter was a low
velocity impact.
3.A Claimant who was significantly
disabled as a result of an unrelated
chromosomal disorder.
If persuaded that exceptional
circumstances exist, the court will assess
the costs. However, the applicant should
beware: if the assessed costs are less than
20% greater than the fixed costs, then the
Court will only allow the lower of assessed
costs and fixed recoverable costs and may
order that the applicant pay the costs of
the assessment.
Each case will turn on its facts, but
practitioners should be aware of this
resource which can maximise costs income.
Promotional feature
Exceptional times
PI practitioners are
now faced with
extended portals in
low value litigation
and with them fixed
recoverable costs
(FRCs) for most
matters which leave
the portals, writes Lee Coulthard.
However, unlike portal fees which
operate absolutely, FRCs have an escape
provision. CPR 45.29J (1) permits the court
to allow more than FRCs “If it considers
that there are exceptional circumstances
making it appropriate to do so”.
What is an exceptional circumstance?
CPR is silent. However, the relevant wording
is identical to CPR 45.13 relating to FRCs in
unissued low value RTA claims.
There is no binding authority on the
meaning of ‘exceptional’ in the context of
CPR45.13. However, there are first instance
indications. In Udogaranya v Nwagw [2010]
24
News
Community
Banner to chair Law Society management service
Robert Banner, the executive director of Banner Jones Solicitors, has been elected as
chairman of the National Executive Committee of the Law Society’s Law
Management Section.
The Law Management Section’s committee includes solicitors and other experts who
help provide advice and support to over a thousand members in England and Wales.
The service stays in touch with firms through news letters and magazines, seminars,
podcasts, webinars, road shows, forums and an annual conference.
Banner has been a member of the Law Management Section for several years and on
the committee since 2010. He will be chair for the next two years.
“These are very challenging times for the legal industry and my new position will
allow me to have an increased input into the committee’s ability to help law firms to
adapt and move forward in what are very difficult times,” he said.
Simpson Millar legal secretary goes on Mexican adventure
Elizabeth Cohen, a legal secretary at
Simpson Millar, has travelled to Mexico
to undertake voluntary work aimed at
improving the lives of disabled people and
abandoned animals in the region.
Cohen has been granted a sabbatical
by the firm for 12 weeks, during which
time she will work on a variety of projects
organised by International Volunteer HQ, a
charity based in New Zealand.
Based in Merida, near the Gulf of
Mexico, for most of her stay, Cohen
has been involved in a special needs
programme run in a hospice by nuns. She
has been helping to oversee activities,
maintain classrooms and prepare meals
for children, adolescents and adults with
physical and mental disabilities.
Working from Monday to Friday, she
has also taught English to adults and high
school students in her free time, while
exploring the region with new friends
during the weekends.
The visit has been emotionally and
physically tough for her (she has been on
crutches for weeks after severely spraining
her ankle) but she says that Simpson
Millar has given her a once-in-a-lifetime
opportunity.
“I wanted to gain more confidence,
an insight of another culture, both in a
working environment and socially, improve
my ability to use my initiative, and gain
independence,” said Cohen. “In addition,
volunteering has been a real eye-opener
that has put my own life in perspective
and made me realise how lucky I am. It has
been truly life-changing.”
“I knew I wanted to go but didn’t want
to lose my job. It was a huge relief when I
was given the blessing of Simpson Millar to
follow my dream.”
Following her work at the hospice,
Cohen will volunteer on an animal care
programme in the country where she will
working with a group that provides free or
low-cost neutering clinics, and safe havens
for abused or abandoned domestic animals.
As well as hands-on care, including
cleaning out pens and dog training, she will
also have the opportunity to get involved in
local fundraising which pays for the shelter
and for public education programmes
aimed at changing local attitudes.
“The plight of animals is often
overshadowed by the needs of people, but
they suffer and need our compassion too.
There is a major problem with dogs and
cats being abandoned on the streets and
sadly many are put down because of lack of
resources to take care of them,” she said.
“A lot of people have fun travelling
but volunteering is more special, and you
can even incorporate it into your travel
plans. There are volunteers here doing just
that. I’d say to anyone that if you get the
opportunity, go for it. It has been the most
exciting and challenging experience of my
life and the best decision I’ve ever made.”
Cohen has been receiving messages
of support from colleagues at Simpson
Millar who contributed towards the cost
of her trip.
Her manager, family solicitor Emma
Hopkins-Jones, said that Cohen would
be gaining invaluable life experience,
that would hold her in good stead both
personally and professionally.
“She is part of a global team, gaining
confidence and skills that will ultimately
improve and professional skills. Crucially,
she is giving something back for the
benefit of the wider community and
her determination to go has been a real
inspiration to many of her colleagues,”
said Hopkins-Jones.
Cohen has set up a web link at www.
gofundme.com/48vcuo and all money
donated will be given to the special needs
hospice she has been working at.
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News
Appointments
Irwin Mitchell
Irwin Mitchell has
boosted its Sheffield
office with the
appointment of
associate James
Foster. Foster, who
moves from Pinsent
Masons in Leeds, specialises in advising
public and large private companies on
a range of corporate matters, including
acquisitions and disposals, private
equity investments, joint ventures,
reorganisations, fundraising and general
company law issues.
Langleys
Eccles Heddon
Matthew Brown
has become a
partner at Eccles
Heddon. Brown
joined the firm,
which has offices in
Thirsk, Ripon and Bedale in 2010 as an
associate. Based in Thirsk, he specialises
in agricultural land and property and
is equally able to advise and assist
on private and commercial matters.
He studied agriculture at Newcastle
University before qualifying as a solicitor
in 2009.
Schofield
Sweeney
Langleys Solicitors has made three key
appointments to its York office. Tamsin
Cooper (pic, centre) takes up a new
role as director of risk and compliance;
Ian Torkington joins as a senior finance
executive and specialises in financial
planning and strategy; and Wendy
Forrester is working as a consultant
at Langleys focussing on learning and
development. Cooper and Torkington
both join from Drydensfairfax.
Emsleys
Emsleys Solicitors has
appointed Angela
Macready as its
head of commercial
property. Macready,
who joins from
Ison Harrison Solicitors, is a specialist in
commercial property. She has a strong
reputation within the social housing
sector, having worked as an in-house
solicitor for a national housing provider
for a number of years. She currently
sits on the board of Harrogate Families
Housing Association.
Rebecca Beaumont
has became the
newest member of
Schofield Sweeney’s
commercial dispute
resolution team.
An experienced litigator, Beaumont has
joined from LCF Law and will be based
in the firm’s Bradford office. She has
extensive experience of commercial
and property litigation and a particular
interest in contested probate actions.
Head of litigation James Staton said
that Beaumont’s recruitment underlined
Schofield Sweeney’s continuing
commitment to providing high quality
litigation advice to its clients.
Beaumont
Legal
Beaumont Legal
has moved into
personal injury and
medical negligence
by hiring Nicola
Roberts. Roberts, who becomes the firm’s
120th member of staff, has more than 17
years’ experience specialising in litigation.
Roy Cusworth, the firm’s senior partner,
said that the appointment was further
evidence of the firm’s plan to develop
itself into one of the country’s “top
providers of modern legal services”.
25
Atherton
Godfrey
Phil Boyle
has become
a solicitor
specialising in
clinical negligence and employment
law for Atherton Godfrey. The Durham
University graduate began his training
contract with the firm in 2012. Boyle,
who is also president of Doncaster Junior
Lawyers, brings the number of solicitors
at the firm to 32. The firm’s partner and
training principal, Diane Parker, said that
Boyle’s success was well deserved.
Wilkinson
Woodward
Wilkinson Woodward
has welcomed
conveyancing
solicitor Melanie
Leadbitter to its
Halifax-based team. Leadbitter has
previously worked for Clarksons (latterly
Ramsdens) and has experience in all
aspects of residential conveyancing
including sales, purchases, re-mortgages,
transfer of equity and declarations
of trust. Managing director Maureen
Cawthorn said that Leadbitter’s focus on
high levels of personal service matched
the firm’s own ethos and that her
appointment signalled the firm’s intention
to continue expanding.
Capsticks
The former national
head of health
employment at
DAC Beachcroft,
Rachael Heenan, has
joined Capsticks.
Heenan will now work alongside former
DAC Beachcroft colleagues Robert
McGough, Ian Cooper, Ron Simms and
Claire Reynolds. Capsticks managing
director, Alison Morley, said that Heenan’s
reputation in the local and national market
place was excellent and that she was a
leader in her field.
26
News
Legal
Promotional feature
Changes on the horizon
Sam Cherry outlines how technology
can liberate the way you work
The winds of change are finally upon
us and as we head into Spring 2014 as
the long awaited housing market recovery
appears to have gone from a few green
shoots to bursting into bloom.
According to the latest Land Registry
figures the market saw a rise of over
65% in registrations in January this year
compared to the January 2013 and a rise
of 40% in registrations when comparing
December 2013 and January 2014. Quite
a rapid turn around for a market that has
been struggling for so long.
But with this sudden increase of
transactional activity there are pitfalls as
well as benefits. Client expectations for
customer service remain very high and
so bolstering staffing capacity to cope
with the up-turn in cases is one key area
that must be addressed. Another is the
streamlining of processes to ensure that
conveyancers are equipped to maximise
the time they have available for each
transaction.
In approximately 80% of cases,
conveyancers are reportedly spending
8-10 hours per transaction where they
are acting for the purchaser and more like
15-20 hours when additional enquiries
are required, or issues are raised with the
title. Finding simple ways to minimise the
impact of those 20% of cases (particularly
as the demands on time management
increase from the revitalised property
market) will stand any conveyancer in
Busy start to 2014
good stead for the year ahead.
The use of title insurance has grown
dramatically over the last ten years not
only to solve title related issues but in
some cases to act as a “transactional
warranty” in protecting a lender’s interest.
The use of online platforms to purchase
property searches has long been the norm
but when it comes to title insurance,
many conveyancers still use hard copy,
self-issue policies. Although accessing
title insurance through online platforms is
no longer a new approach, the reality is
that conveyancers and their conveyancing
processes need to adapt to using online
propositions, as their clients want faster,
cheaper results.
As the market continues to consolidate
with mergers and acquisitions and the
profitability screw continues to turn and
competition increases, firms should look
to embrace technology to their advantage
and centralise systems and suppliers
wherever possible.
PSG’s online ordering platform
PSG Connect is fully integrated with
the ConveySure® range of insurance
products from CLS providing instant
cover and fast access to over 35
residential and commercial “Known
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Connect.
Sam Cherry, is a Director at
Conveyancing Liability Solutions
For more information on insurance
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Financial Services Limited:
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Visit: www.psgconnect.co.uk
Telephone: 01226 246 644
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For more information on all other
products and services from PSG:
Email: rebeccaharrison@
propertysearchgroup.co.uk
Visit: www.psgconnect.co.uk or
Telephone: 01226 240 055
Leeds Junior Lawyers Division (LJLD)
arrange educational, social, charitable and
networking events for junior lawyers in the
Leeds area. Each month the committee
bring you the latest news in this column
The beginning of 2014 has seen
members of the Leeds JLD place their
bets at a Race night, sponsored by Florit
Brooke, and FELT/In-house members
were given the opportunity to try their
hands at cocktail making at Chaophraya,
Leeds, sponsored by Search Legal
Recruitment.
We’ve also hosted a tapas night
sponsored by BCL Legal at Azucar,
Brewery Wharf and organised a seminar
on the mortgage market, hosted by
Wesleyan at La Tasca on Greek Street
in Leeds.
For the sport lovers out there the
Leeds JLD and a few of its more daring
members visited the indoor climbing
wall at Leeds Wall in February, while we
recently enjoyed an indoor golf evening,
sponsored by SaccoMann at the Indoor
Golf Café Bar at 1 Little Neville Street.
If you are interested in this, or any
other sporting event then please email
info@leedsjld.com or visit www.leedsjld.
com for further information.
Upcoming Events
The Leeds JLD has many exciting events on
offer over the next few months. As ever,
please visit the website for further details,
or add yourself to the mailing list to ensure
you always receive the latest information.
In April we’re looking forward to a
curry night at the famous Aagrahs in
Leeds. Held on the 17th and sponsored
by Michael Page, it should prove to be a
great evening.
If you would like to become a member
of the Leeds JLD please visit the website
or email info@leedsjld.com for further
information on how to join.
You can also check out the Facebook
page: www.facebook.com/leedsjld and
follow the Leeds JLD on Twitter
@LeedsJLD.
Comment
Patrick Walker
27
In and out of Africa
Patrick Walker reports from Africa where
he considers the ethics of culling elephants
and preserving forests and farmsteads,
while being entranced by the continent
W
Patrick Walker is
head of Property
@ction, Squire
Sanders’ specialist
advisory and
advocacy service.
He is also an
independent
mediator: www.
imediate.co.uk
hen I told a colleague I was going
on safari in Botswana his immediate
concern was whether I was bounty
hunting. He expressed some relief
that the only shooting I would be doing would
be with a camera, meaning that deaths would be
limited to unavoidable roadkill.
As we drove up the main highway through Chobe
National Park I realised that the most likely roadkill
would be human. We had come to an abrupt halt
to allow twenty or so elephants to cross the road
and although some were only days old, even they
could have consigned our 4x4 and its contents to an
elephant’s graveyard.
The elephants were a wonderful sight and we
saw then grazing, drinking, enjoying mud baths and
playing. But we also saw them turning the drought
stricken land into a post-apocalyptic waste land
with the destruction of thousands of trees, many of
which cannot recover when the rains come. With
an estimated 70,000 elephants in that area most in
Botswana agree that there are too many. But there is
no agreement on the solution.
Poaching has been vastly reduced by a shoot to
kill policy for those found in the Park at night and
the Government has recently banned hunting on the
basis that most of the revenue from it goes oversees.
Or at least that is the official line: the truth may be
that it causes consternation amongst many of the
visitors committed to preservation.
But there is agreement that regular culling should
take place (presumably conveniently outside of
the tourist season) and the remaining issues are
how many and of what age. Kill the old and the
young unsurprisingly become disorientated and
aggressive: remove the young and natural succession
is endangered. Increasing lion numbers will remove
some of the weaker elephants but not before having
a far greater impact on buffalo and domestic cow
herds. The Park is not fenced and the animals,
rightly, are no respecters of boundaries.
I have no answers, but two things seem to me
obvious. The first is that you can’t have it all ways.
Without culling, forests and farmsteads will be
ruined. The second is that there should be greater
openness and co-operation between hunters
and conservationists. I have no desire to shoot
elephants but recognise that if I want to see them
in a balanced habitat, numbers must be limited.
Combining an official cull with sporting permits
would seem an obvious way forward.
I suspect that most of those who stayed at the
same safari lodge would disagree and prefer to let
nature take its course; by which I take to mean they
hope that an epidemic hits the herds before every
tree lies broken barked and bare.
If all of this sounds a little serious you can be
sure that there is plenty of humour to be found
on safari too. The guide’s explanation that holes
in the windscreen resulted from a near miss when
mistaken for a poacher doesn’t quite reflect the
reality (admitted after a few sundowners) that the
holes have developed from stone-chips sustained
in Epping before the vehicle was exported. And a
holiday mix of Brits is almost certain to pronounce
the north south divide.
At lunch one Home Counties lady announced that
she had found a marvellous little shop to buy her pet
pooch a roast chicken reward on her return home.
The thought of using Morrisons for produce suitable
for human consumption had not entered her head!
Africa is amazing. Its wildlife (especially birds),
trees, sunset and most of all, its people, lift the spirit
and bring a smile.
But I know I shall be happy to return to Yorkshire.
A clear frosty night, the sound of owls and the last
few garden apples baked in a crumble with lashings
of custard.
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Feature
Mergers and acquisitions
29
Mergers and good manners
Peter Watson on the importance of maintaing
cordial relationships throughout a merger process
T
erms like honesty, discretion and confidentiality are
loaded with meaning, but they can ensure trusting
business relationships and the foundation of a good
market reputation.
As managing partner of a law firm, the past twelve months or
so have reminded me of their essential value, particularly for a
business which is actively seeking merger and acquisition solutions
to help maintain growth and cement our long-term future.
During the recent past, my firm has been subject to a degree
of speculation about its future. We are regularly in discussions
with potential partners including individuals, teams and whole
businesses large and small.
As can often be the case in any form of transaction, these talks
may lead both parties down a variety of different paths and in
many situations the deal doesn’t happen.
During these talks we endeavour to maintain absolute
confidentiality and demand the same from our potential partners
and advisors, both during and after discussions are completed,
particularly if an agreement cannot be reached.
Our experiences in this process have led me to consider the
behaviour of our firm as we navigate these complex waters.
I’m pleased to say that we have remained on good terms with
every one of the firms and practitioners with whom we’ve had
discussions and while this hasn’t been a strategic objective, it
has become an essential conduct tool as we seek out merger or
acquisition opportunities.
Understanding aspirations
Given the fact it’s better for discussions to remain under wraps it
is worth defining some of the typical scenarios.
After the signing of a non-disclosure agreement, initial
discussions are best had over the interview table.
Our focus is therefore on the aspirations of the potential
partner to identify whether they fit with ours. Our own goals
should already be clear to the other side; we would like to
acquire individuals, teams and businesses which complement our
own offering. But for the organisation potentially being acquired
the motivation can be complex and sensitive.
Succession issues may be of concern to owner-managers
Peter Watson is the managing
partner at Simpson Millar
who have built a business over many years and would like to
see their practice and the careers of their employees secured
beyond retirement.
Alternatively, a business may be struggling to maintain
profitability amidst tightening margins – as is the case with a
number of practices across the UK.
During the course of an early discussion we will find out from
the business owner about those plans and whether we think as a
partner we can extract value that suits both parties. Premises are a
straightforward example of an area where cost can be controlled
and value can be created by a deal.
Areas of tension
Naturally, the terms of any transaction can be a sensitive issue
and it is on these potentially choppy topics that we have always
trodden carefully. Money should never be left to the last minute.
After all, circumstances rarely stay the same and maintaining a
cordial but up-front approach to the financials of any deal means
that if an offer fails to meet the selling parties’ aspirations, there is
still a chance that minds could eventually meet down the line.
Above all, merging two companies or absorbing a team into a
business calls for a frank assessment of two cultures becoming one.
Employees – and in particular the former partners in the
acquired business if they have stayed on – have to want to get
out of bed in the morning.
Too often has there been a transaction in which the cultural
demands have demotivated one or another of the parties,
destroying value and prompting a brain drain as talented
individuals search for the exit door.
Ultimately, we want the people, teams and businesses we acquire
to become advocates of the process they were involved with.
In 2012, Simpson Millar acquired MacAras, a family law niche
practice based in Leeds whose owners now endorse every aspect
of the tie up and act as advocates for Simpson Millar to potential
partners on our behalf.
Equally, we’d like those whom for whatever reason a deal ends
up not happening feeling equally positive because they will still tell
others about their impressions of the firm.
These are not hostile takeovers after all. 
30
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0490_Law_Leeds
Lawyer_Advert_Feb
2014_(10/03)_V2.indd
Issue
127 | LeedsYorkshire
& Yorkshire
Lawyer Magazine
1
3/31/14 4:53 PM
Feature
Training
31
First of its kind
The success of the Legal Advice
Clinic, launched by the University of
Huddersfield, could spark imitators
the length and breadth of the country
B
ack in January this year, Nick Fluck, the President of the
national Law Society, came to Huddersfield to officially
open the Legal Advice Clinic, a free legal service launched
by the town’s university.
The clinic, based off campus in Huddersfield’s Pack Horse
Shopping Centre, is run by students from the university’s law
school and offers help in most legal areas, aside from criminal
prosecutions, asylum and immigration law.
From 10 a.m. to 4 p.m. every Monday to Friday, the clinic
welcomes members of the public who cannot pay for a solicitor or
secure legal aid, to drop in for an assessment of their case.
To date, the clinic has been inundated with enquiries from
the public.
“We’ve been hugely busy,” says Phil Drake, a senior lecturer at
the university who is both creator and director of the clinic.
“We opened in October and we were booked up within two
weeks all the way until Christmas with appointments.”
The level of demand has stayed the same ever since, a testament
to both the students’ efforts and Drake’s vision.
“We identified at an early stage that many of the people we’d
be helping would not be comfortable walking onto a university
campus as it’s quite foreign to them. So we wanted to be situated
in the community rather than sitting in our ivory tower,” he says.
Sadly, the clinic’s success is also proof that legal aid cuts have
cut off advice to large parts of the population.
“There’s just such a demand for help, particularly in family law,
32
Feature
Training
We identified a number of
competences which we would
like our students to have, such as
their attitudes and values which we
felt were very important
where legal aid has been completely withdrawn except for domestic
violence, that we’re having to turn people away,” says Drake.
“People shouldn’t have to come to us for advice, but obviously
the position is that there’s nowhere else for them to go.”
Building the clinic
The first of its kind in the UK (the other few clinics of this type
are based on campus) its establishment has been made possible
by a £50,000 grant from the Higher Education Academy and
enthusiastic support from Huddersfield University.
“It’s been a couple of years in the works,” says Drake. “In 2012
we started talking about it and getting things together: speaking
to people and asking if we could have some money towards it. The
university has been fantastically supportive and I suspect it’s been a
lot easier than it may have been.
“With the increase in fees, you’ve got to be seen to be adding
value as a university. And this certainly does.”
Once Drake was given the green light to proceed, he
concentrated on the delicate task of selecting the right sort of
students for the clinic. Working with psychology colleagues, he
designed a competency assessment centre which would be used to
test students who would volunteer for the clinic.
“We identified a number of competences which we would like
our students to have, such as their attitudes and values which we
felt were very important; their legal research ability; communication
skills; and problem solving.”
Those who were successful were then shortlisted and put
through a mock interview with non-law tutors, who have all been
trained up to assess students and act as dummy clients.
In the end, for the first batch of intakes, the clinic selected 24
students, with a variety in age groups and ability. Getting the right
mix was crucial, as more experienced students are needed in order
to mentor their younger counterparts.
Drake says that this gives the students a new experience in itself,
as they would not normally interact with other year groups during
the course of their studies.
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12/03/2014 12:35
Feature
Training
Another way in which the clinic differs from others is its focus.
Some student advice centres run by other law schools tend to
be education focussed, but the Huddersfield clinic is aimed at
delivering a service for clients.
“It’s not about the student anymore, it’s about serving the client
and the local community. And we’re instilling the professionalism,
legal ethics and values in the law into the students at the same
time anyway,” he says.
Dialogue-type lawyering
Although the clinic is geared towards serving the needs of the
community, there is only so much work that the students can take
on, hence the need for a robust filtering process.
The initial contact with clients is all carried out by students,
following a meeting with their supervisor (from the law school’s
staff) to discuss possible points of law that may come up in a
discussion based on the information already gathered on a case.
The interview acts as a fact-finding mission and no advice is passed
on at that point. Clients are then told that they will be informed if
their case can be taken forward within three working days.
Cases are assessed on a risk and needs basis by a selection panel
consisting of two student advisers and a supervisor. Once a case is
selected, then the students prepare a one-off piece of advice in the
form of a letter.
“We explain their position to them, show them their options,
where they may find more information about it, and what they’ll
have to do,” explains Drake.
“It’s four or five pages usually, so a very detailed piece of advice
which the client can then hopefully go off and use to deal with the
matter in a better way.”
The psychology skills that the University has are then called
upon again, to help students reflect on the cases they have dealt
with. Each one is assigned a “reflective learning partner”, usually a
psychology student, in order to help them review the case.
“There’s quite a rich discussion that goes on between the
students,” says Drake. “Because we look at the whole process,
what went well, and how the law is impacting on the client.
“We’re trying to get them to think far more holistically about
33
things, rather than just get your client in, process them and send
them out again.”
He believes that the approach taken by the clinic prepares
students for the future realities of work as a lawyer.
“With the way that legal aid has gone, traditional lawyering
will have to change,” he says. “So clients will come in, pay a fixed
fee, and expect to be told how they can take matters further, as
opposed to the old hourly rate advice basis.
Drake calls this dialogical type lawyering, whereby a lawyer
sets up a dialogue with their client and allows them to identify
the options and facts they need to take into consideration when
making further decisions.
Using the legal community
If, for whatever reason a selection panel decides that the clinic
can’t take a case on, then, says Drake, it will do everything it can
“to try and find someone who can help them and signpost them
there, rather than saying ‘sorry we can’t help you’”.
To that end, the university’s law school has built up strong links
with some of Huddersfield’s law firms which students can use if
they need a little help on a case, or if they feel they are pointing
clients they can’t help in the right direction.
Spreading the word
The town’s solicitors have been very supportive of the clinic,
helping spread the message of it existence and giving it further
credibility with their backing.
But word has reached further afield, to the point that the
university has been asked to share some of its knowledge and
experience with the project. It is providing a guide to the Higher
Education Academy for other institutions who might want to
provide a clinic along similar lines and in April, some students will
be presenting a paper in April to the Association of Law Teachers’
conference on how to go about setting up a similar type of service.
“It’s going to be the students telling the academics how students
learn,” says Drake. “Which is an unusual thing for students to do.”
Unusual, but impressive. Just like his clinic. 
Phil Drake talking about the clinic
34
Promotional feature
Moneypenny
Never
Title miss
(maxa call
5-6again
words)
Kevin Bishop, business development manager at telephone answering
specialist Moneypenny gives his thoughts on outsourced solutions for law firms
T D imes are changing in the world of the law firm. Operating
in an increasingly
demanding
marketplace, more and
rop cap
Standfirst
Writer
Name
more law firms are looking to outsourced solutions
across a broad range
of business functions to remain
Title
standfirst
continued
competitive, challenge costs and improve their customer service.
Para1
Outsourcing in the legal sector is not a new concept,
however
Para 2 
it had, until relatively recently, been seen very much as the
preserve of the larger firms and had more often focussed on legal
processes rather than wider business support activities. With an
ever increasing number of small and medium firms now looking to
outsourced solutions however, the landscape is certainly changing
to the extent that these days pretty much anything can be
outsourced by firms of any size.
Certainly middle and back office operations are far more
frequently now being outsourced as part of a wider business
process plan and with firms under pressure to reduce overheads
while increasing productivity and improving customer experience,
outsourcing really can be the answer, introducing highly specialised
business professionals into firms as and when they need them.
Efficient and effective telephone call handling is vital for the
overall success of any law firm.
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With the traditional law firm business model fast becoming
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Feature
Marketing
35
Getting your message across
Think you’re too small to be able to get your voice heard in the marketing game?
Well think again, Natalie Rodgers tells Leeds & Yorkshire Lawyer
S
mall firms often feel that they are missing out on the best
that modern marketing techniques have to offer due to
size or budget constraints.
But that need not be the case, according to Natalie
Rodgers, the managing director of marketing agency Scala. Leeds
& Yorkshire Lawyer recently caught up with her to discuss how
small firms should start looking at marketing as an opportunity
rather than a luxury.
How important is a shop window for small firms?
It sounds a bit clichéd, but size doesn’t matter. Whether you are
a global player such as DLA Piper or a small boutique commercial
law firm such as Leeds-based Metis Law, everyone has a shop
front. Shop front these days means your on-line presence (web and
social media) as well as your physical premises.
It’s safe to say that for the majority of law firms, an on-line
presence is more important than the physical presence these days.
What are the best ways for a small firm to reach new clients?
In short, it’s about getting the right combination of marketing
activities that compliment your target client base. There isn’t a
one size fits all solution. That’s why we offer a very bespoke and
personal marketing service to our clients. I believe that in many
circumstances the small firms often have the edge over their
larger competitors.
The recession and well documented challenges to the legal
profession have resulted in a new dynamic breed of entrepreneurial
law firm. Many of these firms are small and, crucially, niche. I’ve
seen first-hand how agile they can be in the delivery of their
service with a culture of embracing change. They are also happy
to engage fully with the marketing process. This means that very
often it is easy for smaller firms to market themselves successfully.
Should firms have a strap line that clients can relate to or
that sticks in the memory?
Absolutely – provided they are well thought out. Strap lines that
emphasise expertise and core values can help firms to differentiate
themselves. Firms should develop a few strap lines that can be
communicated across social media channels, marketing material
and the website. They are an incredibly powerful marketing tool
which can so easily be dismissed as being cheesy.
One of my favourites (which I often cite) is Blacks Solicitors use of
the hashtag: #BestStaffInLeeds on twitter. It communicates so many
things: we care about our staff; if we’ve got the best staff in Leeds,
Scala
Feature
Marketing
About half [of people]
characterised consumer issues as
legal and only a third said
benefit problems [were a
legal issue]. Lawyers need
to change perceptions”
we’ve got the best lawyers and therefore we’re going to do a great
job for you if you instruct us. I just wish I’d come up with it!
I like to spend time with my clients in order to really get to
understand them in order to compile their key brand messages and
strap lines. Having an outsider’s perspective on a firm can often
prove invaluable; particularly as I know the market within which
firms operate.
How can you make yourself stand out from the crowd?
Lawyers are working in a rapidly changing market. The past year
in particular has seen a major shake up caused by new compliance
regulation and the Jackson Reforms.
Regular competitor analysis is therefore crucial. By continuously
appraising the market, firms can identify more easily where they
are positioned, which ultimately assists in the development of a
firms marketing strategy.
A MORI poll commissioned by the Legal Services Board in 2011
revealed that out of 41% of the population who had a problem for
which they would like advice, only 16% of them went to a lawyer
for help. Why is that? Why does such a small percentage turn to
lawyers for help?
The research suggests that the key driving factor is if a consumer
perceives their issue to be legal or ‘justiciable’. The stats are
fascinating. Whilst three-quarters of people characterised divorce
and personal injury as a legal issue; about half characterised
consumer issues as legal and only a third benefit problems. This
suggests that lawyers need to change consumer perceptions as
part of their marketing strategy.
Of course, firms also need to address other misconceptions
about lawyers: that they’re expensive, time-consuming, prone to
price escalation due to the open-ended nature of legal advice and
antipathy towards the law and legal procedure.
Marketing isn’t just about PR or a decent logo – it involves
understanding what makes your target client base tick and making
that emotional connection.
It isn’t just one thing that allows lawyers to stand out from their
competitors. It’s a whole range of marketing based activities which,
when combined, leads to a winning formula.
Should you consider plugging into a collective marketing
scheme such as Quality Solicitors?
The problem with doing this is that you are plugging into someone
37
else’s brand; a brand that ultimately you have no control over.
I’d be very concerned over this in the long term. I also genuinely
believe that firms of any size could get the same results if it uses
its Quality Solicitors subscription charges on a well-planned and
executed marketing strategy.
I recently learnt of a firm that was spending £600,000 on an
annual marketing (in the loosest sense of the word) budget which
was generating a turnover of £2 million. I was flabbergasted. In
my mind this does not represent a good return on investment. If
spent in a traditional way, the ROI could be much higher. Many of
today’s marketing techniques don’t cost anything apart from the
time delivering them.
Is relying only on word of mouth marketing a dangerous
strategy?
Word-of-mouth or WOM marketing remains one of the most
powerful tools in a marketer’s tool kit. At first glance, you may
believe that this has little to do with marketing and more to do
with delivery of service. Whilst positive WOM marketing is of
course routed in exceptional service, marketing techniques should
be harnessed to maximise the impact.
I encourage firms to identify their influential clients or referrers.
Firms should give these people a reason to talk their brand or
service. It’s important to make time for them and show them that
they value their support.
How has marketing changed since you established Scala?
It’s been exactly five years since I established Scala and things have
changed hugely during that time. Five years ago, marketing was
definitely seen as a bit of dark art and, dare I say it, a luxury. Firms
no longer think like that.
In the 2014 Bellwether Report (published by Lexis Nexis) 38%
of those surveyed saw marketing as ‘very important’ to their
business. Interestingly, 75% saw attracting new business as a
‘very significant’ challenge. There is little doubt that marketing has
shifted to be a priority of firms.
One area which has altered beyond recognition is the use of
social media. To many firms it remains a mysterious medium. It’s
fair to say that there a number of firms who have got to grips with
Twitter (I’ll save blushes and not name names), however many
firms aren’t taking advantage of this incredibly powerful – and free
– marketing tool. 
Natalie Rodgers’ top marketing tips:
1.Have a marketing plan which underpins your business plan.
2.Embrace technology - make the most of developments to
reach out to your client base.
3.Network – there is no getting away from the power of faceto-face interaction. If you are enthusiastic about what you
do, other can’t fail to be enthused.
38
Feature
Administrative courts
A local court for local people
The Administrative
Court in Leeds opened
its doors for the first
time in April 2009 and
was hailed as a boost
to the region. But are
lawyers making enough
use of this valuable
legal resource?
Ian Skelt investigates
Ian Skelt is a barrister at KBW
Chambers
L
eeds, along with Manchester,
Birmingham and Cardiff, is home
to one of only four regional
Administrative Courts in the UK.
The opening of the courts was
intended to provide the public and the
legal profession with convenient local
access to an expert tribunal to deal with
administrative law claims. For too long,
this area of work had been entirely
London-focused, with limited numbers of
judicial review claims emanating from the
provinces. Where cases were brought, the
entire team had to incur all the costs of
traipsing to the Royal Courts of Justice to
have their cases heard.
And far too often the instructions went
to London firms. Either way this situation
was not attractive to the clients.
Prior to the opening of the regional
Court there was a perception that
local lawyers did not recognise the
opportunities provided by judicial review
– both as a means of achieving remedies
for their clients and also as an avenue
for practice development. This situation
has undoubtedly improved as a result of
the opening of the Administrative Court
in Leeds.
However, there is a concern that the
Court is not being fully utilised.
Investigating the Court’s use
Last month, Mr Justice Stewart and Her
Honour Judge Belcher led a meeting on
the use of the Administrative Court. They
have been tasked with encouraging local
solicitors and barristers to use the centre to
its full potential.
There is a sense, they found, that local
lawyers are still not considering judicial
review as an option for their clients.
Readers may wish to consider how many
judicial review claims they have advised
upon in the last 12 months.
Further, the Judges noted that some
Feature
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Feature
Claims that are issued out
of London with a regional
connection will be transferred back to
the appropriate regional Court
lawyers who do bring claims are still automatically issuing
proceedings out of London, rather than taking full advantage of
the regional Court and local legal talent.
The Courts are emphasising the need to issue the appropriate
regional Court – claims that are issued out of London but with
a regional/local connection will be transferred back to the
appropriate regional Court.
Why use a Judicial Review?
For the uninitiated, what then is judicial review?
Judicial review is a procedure whereby the High Court reviews
the lawfulness of the actions of public authorities. A person
or organization that has been affected by a decision, action
or inaction of a public authority may make an application and
obtain a remedy if the High Court decides that the relevant
authority has acted unlawfully.
Judicial review is concerned not with the merits or morality of
any decision, but whether the public authority – whether that be
a local authority, police force, school governing body or quango –
has acted lawfully.
What is meant by unlawful in this context? Again, this is a broad
concept. Examples include where a public authority has made a
decision, acted or refused/failed to act:
• Without the legal power to do so
• In breach of a legal obligation
• So unreasonably that no reasonable decision-maker could have
come to the same decision or done the same thing
• Without observing the rules of natural justice
• In breach of European Community Law or the Human Rights Act
Some common example decisions that are susceptible to judicial
review include challenges to: school admissions decisions;
planning decisions; provision of healthcare; refusals to investigate
complaints to the police; decisions on the treatment of prisoners;
and decisions by regulators.
Finding a remedy
What remedies are available? If, having reviewed the matter, the
Court finds that the public authority has acted unlawfully, it, may:
• Make a mandatory order, i.e. an order requiring the public body
to do something
• Make a prohibiting order, i.e. an order preventing the public
body from doing something
• Make a quashing order, i.e. an order quashing the public
body’s decision
• Make a declaration, for example declare that a decision
was illegal
• Award damages
These remedies can be tailored to the particular circumstances of
a claim so as to give practical relief from the impact of the illegal
act, but the cases are not primarily a route to obtain damages. The
Court will be focused on addressing the effects of the illegality.
That said, where financial loss has occurred the courts are prepared
to give compensation.
It’s all in the timing
Timing is very important. There is a three month deadline for
making an application for judicial review. Time normally runs
from the date of the act or omission that is being challenged.
There is an obligation on the Applicant to act promptly, even
within that three month time limit.
What is prompt can vary between circumstances. Even a case
issued within three months may not have been issued promptly. It
is always advisable to commence proceedings as soon as possible.
The Regional Administrative Court is staffed with trained and
knowledgeable Administrative Law Judges.
For KBW Chambers, who have particular expertise in judicial
reviews, the encouragement from the local judiciary is welcomed.
It seems that whilst there was an initial fight to secure the
opening of the Administrative Court five years ago, there has
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expand into this area of work.
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41
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42
Feature
Family law
Vicious circle
Joanna Grandfield, a family lawyer at Mills & Reeve tells Leeds &
Yorkshire Lawyer why the Government’s civil legal aid cuts may come back
to haunt Ministers
C
riminal lawyers have stolen the limelight in recent
weeks with their decision to strike over cuts to their
legal aid budget, but they’re not the only group who
will struggle to provide proper representation to clients
who cannot afford to pay legal fees.
As Joanna Grandfield, a barrister with Mills & Reeve points
out, family law is also set to suffer due to the Government’s
austerity programme.
The sector’s legal aid funding has already been slimmed down
considerably recently, she says, and the next round of cuts could
“break the camel’s back”.
“It’s only people working within the system or people
unfortunate enough to have to use family law legal aid who realise
how vital it is,” she says.
With aid only remaining for cases where domestic violence is
involved or care proceedings for children, Grandfield argues that
Ministers have decided to carry out cuts to an easy target which
could have very serious consequences for the courts.
“There’s obviously a need in the current climate to cut costs
across the whole board and legal aid is not a big vote loser is it?”
she says.
“But just because the Government has decided to stop funding,
that’s not going to stop people from separating and divorcing. If
you’re unhappily married then you’re not going to turn around to
your partner and say, ‘well I would have divorced you but now I’m
not going to have access to a publicly funded solicitor so I’m not
going to’ is a fallacy.
“People are still going to find themselves in these horrendous
personal situations. And divorce and separation is a one of the
most horrific times of most people’s lives, except that now they
will have to deal with them with limited or no access to advice
about what to do about it.”
People are still going to find
themselves in horrendous
personal situations. Except that now
they will have no access to advice ”
Knock on effect
Family lawyers, as Grandfield says, do a lot more than just turn
up at court and represent a client.
The work they carry out behind the scenes can be invaluable,
as they guide clients through costs and the impact of certain
case points they believe should be pursued. Such advice helps
parties to settle cases earlier by steering them in the direction of
mediation, for example.
Without this support however, people are having to take on
cases themselves as litigants-in-person, a growing trend which
is having an adverse affect on the court system. Take the usual
problems found with self representation in the courts and
Feature
Family law
multiply it by 10 and you can get an idea of the future holds.
“It’s already creaking under huge strain and with more
litigants-in-person the system becomes even slower, cases take
longer and the costs to the public purse are greater,” says
Grandfield.
But it’s not just the system that suffers. Litigants-in-person can
sometimes find themselves having to cross-examine a former
partner, or having to negotiate directly with their spouse or
solicitor, leading on many occasions to increased acrimony.
“How is that then going to impact on two people co-parenting
children in two separate households?” she asks.
“The reality is that it creates more barriers and hurdles to
contact between the children and the non-resident parent and the
likelihood is that those children are going to have a reduced quality
of relationship with the parent.”
Turning for help elsewhere
The situation for divorcees in the low income bracket becomes
43
worse when other cuts are taken into consideration, most notably
to the Citizens Advice Bureau network.
Other options may become available, in terms of charities
specifically dedicated to filling the gap created by legal aid cuts,
but the help any voluntary efforts made by lawyers working pro
bono will still be limited to a lucky few, says Grandfield.
“The level and quality of advice you get from good family
lawyers is hard to replace,” she says.
“We meet client, build relationships and then impart honest
advice and once a client has your trust then they can make their
decisions with that.”
She admits that withdrawal of funding has angered many of her
fellow practitioners, herself included.
“The Government has decided that it’s going to destroy funding
for most family law cases without any acknowledgment that this is
not going to stop people ending up in family law situations.
“People still need advice and they need support. But where are
they going to get it?” 
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44
Firm profile
Makin Dixon
Standing firm
Cuts to legal aid have stretched some
family law practitioners to breaking
point. Makin Dixon, a specialist in
the area, has taken the hits and kept
delivering a great service to its clients.
So what’s the firm’s secret? Marek
Handzel investigates
S
taff from Makin Dixon’s ten offices gathered together
at the end of February at Hollins Hall Hotel in Baildon
donning their party wear for the firm’s 10th
anniversary celebrations.
The family law specialist practice hosted a murder mystery event
followed by an Oscar-like ceremony which saw awards handed out
to the longest serving member of staff, best dressed employee, and
the like.
Following a challenging but successful 2013, it was a deserved
celebration for the firm.
Makin Dixon launched three new offices last year, in Leeds,
Wakefield and Rochdale, taking the firm’s reach beyond Yorkshire.
It also won plaudits for its client service and dedication to family
law. Official recognition for the firm’s work came when it picked
up the title of Legal Aid Law Firm of the Year from the Legal Aid
Practitioners Group and was crowned as the best niche law firm in
the county at the Yorkshire Lawyer Awards.
The firm’s success, says Caroline Makin, managing partner and
joint founder of the firm, is down to the effort put in by everyone,
from the partners down to the newest member of staff.
“We’ve not taken our eyes off what we’re about as an
organisation,” she says.
“We’ve got no aspirations to do the high net worth financial
work. Our commitment is towards legal aid and particularly children
at risk and domestic abuse situations and we’ve always focused on
that and never gone too far away from it. And that’s kept us pretty
well grounded.”
Having Makin Dixon’s feet firmly planted has been essential,
given the battering that family legal aid has taken in the last few
years. The firm relies heavily on legal aid to carry out its work, and
although government support has remained in place for the areas it
focuses on, it has still had to adjust to absorb incremental cuts over
the last few years.
“We’re all getting hit hard by the cuts in fees,” says Makin,
who had to stop short of inviting staff members’ partners to the
anniversary party.
“And it’s the agencies that we’re working with too, who are
struggling. We work with a lot of charitable organisations and
they’re all going through hard times.
“It’s slowed down our plans too. We haven’t been able to
invest more in offices and we’ve had to look at tech to work
more efficiently.”
But more importantly, says Makin, the cuts could not have come
at a worse time for the public.
“It’s a really hard time for families, there’s pressure coming
at them from all angles, with the recession and difficulties at
work. That’s when you might start to see some more cracks in
relationships and family units.”
“Thankfully, we’ve got some phenomenal links we’ve built up
over the years with various organisations: they help us, and we help
them, and in turn it helps the families that we deal with.”
Expansion
Makin founded her firm with former Lee & Priestley colleague
Catherine Smith. Both were solicitors in Bradford with the firm until
it decided that it was to shut its Bradford office, prompting some
soul searching for the both of them.
Rather than move location to stay with a firm that was focusing
more on corporate and commercial work, Makin and Smith decided
to remain committed to family legal aid work. And the only feasible
way of doing that at the time was to set up a new firm.
Since then, Smith, and another partner, Ian Dixon, have moved
on, leaving Makin with her current fellow partner, Jane Campbell,
who has risen through the ranks at the firm since joining in 2005.
Firm profile
Makin Dixon
Throughout that time, Makin has always kept one eye on
expansion. And the firm’s foray into Lancashire last year is proof of
her keen business eye.
“It [Rochdale] was one of those locations that was on the radar
for us,” she says. “It’s quite close to our Todmorden office, so is
good in that sense to travel to, and there’s a phenomenal need for
what we do there. There aren’t many family law providers left in
that area within a 10-mile radius.
“So it was a chance to do what we enjoy doing for a community
that needed us.”
And Makin says that the firm has ambitions to keep growing.
“We’d like to be working from more locations and to provide a
wider range of services, if possible.
“If opportunities arise where there are geographical areas with
high population numbers that need the services we offer – and
firms that used to provide help there say that it’s not for them
anymore – then, if finances permit we’d love to expand further.”
Spreading the word
Makin has been quick to use the firm’s new branch to both set up
some new direct marketing and help the local community.
On 14 March, it hosted a conference on forced marriage, which
was supported by the Crown Prosecution Service, Karma Nirvana
and the Freedom Charity. The latter two third sector organisations
45
both work in the area of forced marriage.
The first event of its kind for the firm, it highlighted an issue that
Makin believes needs more exposure.
“For the size of the population involved in forced marriages,
there’s not as many requests for help that you would reasonably
expect there to be,” she says.
“People perhaps aren’t as used to seeking advice, which is
really worrying because if people aren’t looking for help then
there could be some real problems down the line for the families
that are involved.”
Makin says that she would have looked to have set up more
frequent seminars on various topics sooner than she has, if the
firm had not had to tighten the pursestrings due to legal aid cuts.
”It’s a shame because it is a really great way to share experience
and for people to put a face to a name from all the different
organisations that work with each other in the area,” she says.
Nevertheless, Makin is just as determined to keep them going
as she is to keep family law services alive for those who need them
the most.
She says that using seminars to bring together key players
who support family breakdowns can only help to foster greater
solidarity.
“We’re all going through tough times and it’s how you all work
together and pull through that matters.” 
46
Last word
Amanda de Winter
The new face of the Bar
clarity of service – it doesn’t matter how many letters
we write or how many phone calls we make. And
people like that.
These are difficult times in the law and we
didn’t set up with the deliberate intention of
upsetting our solicitor friends in Yorkshire. But
the way I see it is that there will be cases that come
into my office that I cannot deal with, and those will
be referred back to a solicitor, so there’s no reason to
fall out. We’re perfectly happy to get into strategic
alliances with any number of solicitors, to pass work
backwards and forwards.
One of the reasons why we’re surviving on the
high street and some solicitors are not, I believe
is because we’re not subject to the same level
of regulation. We don’t hold client funds or do
conveyancing so our insurance premiums are not
as high.
Amanda de Winter
is the founder of
Barrister & Co, a
direct access service
that is making
waves in Yorkshire,
despite having only
been set up last
July. She became
one of the first
barristers to receive
authority from the
Bar Standards Board
(BSB) to conduct
litigation in January.
www.barristersandco.com
Direct access is a hot topic at the minute in the
Bar. How do we do extra business? It’s a question on
every barrister’s lips at the moment I think.
I have been a solicitor previously, and to me
being directly available to the public wasn’t an
issue. Perhaps some barristers may struggle with
that a little more if they’ve not had that face to face
initial contact.
I was looking for an office and ended up with
a shop frontage in York. We had the signs put up
on the window and the business just sort of took off
on its own. It developed by itself, which has been
amazing.
We’ve advertised on radio and in local
directories, but a large part of the success has
been that we chose a smallish city. So it’s big
enough for there to be enough people to service it,
but small enough for everyone to know that we are
there. If we’d just gone straight into Leeds then I
don’t know if anyone would have even noticed that
we were there.
I’m opening a Wetherby office soon. I also plan
to have five offices set up by the end of the year
up and down the A1 corridor. The fact that we’ve
had that much interest means that we’re looking to
licence other barristers.
What we’re offering is on a fixed fee basis
with no solicitors’ costs on top. There’s complete
Some of my colleagues are mystified that I
want to deal directly with clients. The Bar has
always had that cushion and what I’m doing is not
for everybody. People say that they didn’t come
to the Bar to do that, they came to be in court.
They like the way it used to work. Solicitors still
need the traditional barristers who are more cost
effective than a solicitor being out of their office
all day in court.
But times are changing and the Bar needs to
change with it. The younger Bar that is struggling
for work will be more open to looking at new ways
to do business. Certainly, if any junior members are
struggling to get tenancy at the moment because
things are tough, they can give me a call.
Solicitors have been doing more of their own
advocacy and it’s accepted because that’s out of
necessity because costs are being cut. So these
are not personal choices that solicitors or barristers
are making, they are being driven by the cuts being
made to fees. So we are each being forced to find
new ways to do business.
It would be a great shame if the Bar were to go
and we merged more and everything became
generic, like the American system. We have, or
did have, the best legal system in the world, but the
Government is doing its best to change that.
The Bar is right to fight back. It’s such a shame
the public are unaware of just how serious this
attack on our legal system is and what long-term
damage the Government is inflicting. 
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Issue127 - Leeds Law Society

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