introduction PUBLISHER Ian Fletcher Benham Publishing Limited 3tc House, 16 Crosby Rd, Crosby, Liverpool L22 0NY Tel: 0151 236 4141 Facsimile: 0151 236 0440 email: admin@benhampublishing.com web: www.benhampublishing.com
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introduction Contents
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Officers for 2013-2014
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Committee Members
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President’s Page
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local issues We welcome our new Law Society Representative
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Members Application
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Top Business Leaders Headline Hart Brown Economic Forum
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Council Member Report
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Immigration lawyer picks up award for giving free legal advice
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Pagoda Opening
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Kew the Music
ADVERTISING AND FEATURES EDITOR Anna Woodhams DESIGN AND PRODUCTION MANAGER Fern Badman ACCOUNTS DIRECTOR Joanne Casey MEDIA No. 1357 EDITOR Darrell Webb PUBLISHED June 2014 – © Bill of Middlesex - Benham Publishing LEGAL NOTICE © Benham Publishing. None of the editorial or photographs may be reproduced without prior written permission from the publishers. Benham Publishing would like to point out that all editorial comment and articles are the responsibility of the originators and may or may not reflect the opinions of Benham Publishing. No responsibility can be accepted for any inaccuracies that may occur, correct at time of going to press. Benham Publishing cannot be held responsible for any inaccuracies in web or email links supplied to us. DISCLAIMER The Middlesex Law Society welcomes all persons eligible for membership regardless of Sex, Race, Religion, Age or Sexual Orientation. All views expressed in this publication are the views of the individual writers and not the society unless specifically stated to be otherwise. All statements as to the law are for discussion between member and should not be relied upon as an accurate statement of the law, are of a general nature and do not constitute advice in any particular case or circumstance. Members of the public should not seek to rely on anything published in this magazine in court but seek qualified Legal Advice.
Copy Deadlines 2014 August Issue November Issue February Issue May Issue
18th July 17th October 24rd January 17th April
Anyone wishing to advertise or submit editorial for publication in the Bill of Middlesex please contact Anna Woodhams, before copy deadline. Email: anna@benhampublishing.com Tel: 0151 236 4141
The Bill of Middlesex
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Men win equal pay and sex discrimination case
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Stats show law graduates choosing alternative route to qualification as lawyer
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Law Society announces new deputy vice president elect
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property Recent flood events call us all into action
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It’s raining sinkholes!
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book review A SHORT BOOK OF BAD JUDGES
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legal aid Ministry of Justice Criminal Legal Aid cuts
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ymg Young Members Group - Legal Careers
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professional issues Future Perfect
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Time is of the essence
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Confidentially Speaking!
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Compliance Corner
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New Deferred Prosecution Agreements (DPAs) PwC comments
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film FILM AND THE LAW No 23: When the Law’s loss is Cinema’s gain
legacies CHIP, CHIP, HOORAY!
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officers COMMITTEE MEMBERS Immediate Past President: DARRELL WEBB Bolt Burdon Solicitors Providence House, Providence Place, Islington N1 0NT
OFFICERS FOR 2013/2014
(020 7288 4795) (DX 122237 Upper Islington)
President:
e-mail: darrellwebb@boltburdon.co.uk
GURMEET KHARAUD Fort & Co. Solicitors
Alexis Ash of Iliffes Booth Bennett Solicitors
Saunders House, 52-53 The Mall, Ealing W5 3TA
Capital Court, 30 Windsor Street, Uxbridge UB8 1AB
(020 3170 8433) (DX 5119 Ealing)
(08456 381 381) (DX 45105 Uxbridge)
e-mail: gk@fortsolicitors.com
e-mail: alexis.ash@ibblaw.co.uk
Vice Presidents: ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG (07973 622312) e-mail: creativewit@tiscali.co.uk Honorary Secretary
Evans House, 107 Marsh Road, Pinner HA5 5PA
COMMITTEE MEETINGS
(0220 8868 1614 )
2014 16 June 14 July 15 September 20 October 17 November 2015 19 January 16 February Meetings start at 6.30pm and will be held at Walpole House, UWL offices in Bond Street, Ealing W5. Room 209.
e-mail: sundeep.bhatia@beaumonde-law.co.uk
Nirmala Chandrasena of Chands Solicitors 145 Cannonbury Avenue, Pinner, Middx HA5 1TR
Vickers & Co.
(020 8933 8332) (DX 48001 Rayners Lane)
183 Uxbridge Road, Ealing W13 9AA
e-mail: n.chandrasena@btinternet.com
(020 8579 2559) (DX 5104 Ealing) Professor Malcolm Davies Head of Ealing Law School Honorary Treasurer:
University of West London
LAURA VIRCAN
St. Marys Road, Ealing W 5RF
Desor & Co.
(020 8231 2226) e-mail: Malcolm.Davies@tvu.ac.uk
768 Uxbridge Road, Hayes, UB4 0RU (020 8569 0708) (DX 44657 Hayes 1 Middlesex)
Hardeep Dhillon of Desor & Co,
e-mail: laura@desorandco.co.uk
768 Uxbridge Road, Hayes, UB4 0RU
Honorary Social Secretary:
R Garrod, J A S Nicholls, R C Politeyan, J Aylett, K Goodacre, H J B Cockshutt, W Gillham, L Lane Heardman, D Grove, L A Darke, C Beety, Mrs L E Vickers, H Hodge, E G B Taylor, A A M Wheatley, A H Kurtz, M J S Doran, H B Matthissen, G Parkinson, HHJ R D Connor, A Bates, J J Copeman-Hill, D B Kennett-Brown, S B Hammett, Miss F A Shakespear, HHJ P E Copley, A M Harvey, H R Hodge, G R Stephenson, B S Regler, W J C Berry, AS Atchison, L M Oliver, S W Booth, D D P Debidin, R E J Hansom, E H Lock, Mrs A Taylor, Mrs N Desor, Ms M Hutchinson, M Guyer, R S Drepaul, A Sriharan, Ms M Fernandes A Darlington, S Chhokar, Ms M Crowley, Professor M Davies, S Hobbs, Mrs R Sriharan, Mrs S Scott Hunt, D Webb.
Sundeep Bhatia of Beaumonde Law Practice
MAURICE GUYER
e-mail: mguyer@vickers-solicitors.co.uk
PAST PRESIDENTS
AGM Wednesday 18 March 2015
(020 8569 0708) (DX 44657 Hayes 1 Middlesex)
PARLIAMENTARY LIAISON
e-mail: hardeep@desorandco.co.uk
Michael Garson
ALAN WILLIAMS 59 St Marys Road, Ealing W5 5RG (07973 622312) e-mail: creativewit@tiscali.co.uk
Stephen Hodgson Lecturer in Law, Ealing Law School University of West London
Honorary Membership Secretary: SUSAN SCOTT-HUNT Principal Lecturer in Law, Middlesex University
St Marys Road, Ealing W5 5RF (020 8231 2406) e-mail: Stephen.hodgson@uwl.ac.uk
The Burroughs, Hendon NW4 4BT (020 8411 6019)
Maralyn Hutchinson of Kagan Moss
e-mail: s.scott-hunt@mdx.ac.uk
22 The Causeway, Teddington, Middx TW11 0HF (020 8977 6633) (DX 35250 Teddington)
Council Members for the Middlesex Area:
e-mail: maralyn.hutchinson@kaganmoss.co.uk
Central & South Middlesex Michael Garson
Fahmy Mohamed of Vincent Solicitors
Kagan Moss
11-13 South Road, Southall, UB1 1SU
22 The Causeway, Teddington TW11 0HF
(020 8574 0666)
(020 8977 6633) (DX 35250 Teddington)
e-mail: fahmy@vincentsolicitors.com
e-mail: Michael.garson@kaganmoss.co.uk Ariya Sriharan of Sriharans North Middlesex Michael Singleton Singletons Austin Ryder 2 Crossfield Chambers, Gladbeck Way, Enfield EN2 7HT
223 The Broadway, Southall UB1 1ND (020 8843 9974) (DX 119583 Southall 3) e-mail: info@sriharanssolicitors.co.uk
(020 8367 0387) (DX 90604 Enfield) e-mail: Michael.singleton@singletonsuk.com
Renuka Sriharan of Sriharans 223 The Broadway, Southall UB1 1ND
The Law Society Greater London Regional Office,
(020 8843 9974) (DX 119583 Southall 3) e-mail: info@sriharanssolicitors.co.uk
The Law Society, 113 Chancery Lane, London WC2A 1PL
Elisabeth van der Weit of Hameed & Co.
(020 7316 5554) (DX 56 London/Chancery Lane)
4 Grand Parade, Forty Avenue, Wembley Park, HA9 9JS
Regional Manager: Mark Hudson
(020 8904 4900)
e-mail: mark.hudson@lawsociety.org.uk
e-mail: hameed@hameed.plus.com
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www.middlesex-law.co.uk The Bill of Middlesex
introduction
President’s Page
Gurmeet Kharaud President, Middlesex Law Society e-mail: gk@fortsolicitors.com
I am delighted to be appointed President of the Middlesex Law Society. I served on the Committee in the 90’s and recall it was a vibrant Society, holding its annual dinner in places such as the Savoy Hotel, the Landmark and Hampton Court Palace where our speaker was John Mortimer the creator and writer of Rumpole of the Bailey. I particularly remember that one as my wife won a bottle of whiskey in the raffle. Times have undoubtedly changed, as we now find ourselves in a period of austerity. However I still urge you to dig deep and support your Society not only in terms of its annual dinner but membership. Participation on the Committee is also welcome, we need to bring our numbers up to 16 and we are currently 4 short. Here are some matters I seek to implement during my tenure:1. Resurrection of the Past President’s Dinner. 2. Varying the Presidential length of office 3. The Annual Dinner being held once every 18 months to two years. 4. The Society to join Saals (Southern Area Association of Law Societies) 5. Consideration of an additional venue for Committee meetings perhaps inner London to be held on an alternate basis. As a Family and Child Care Lawyer I have experienced as have many others, the recent cuts in Legal Aid. The only areas now where public funding is available is in Public Child Law and Domestic Violence cases and a few others. For years Cafcass have allocated Public Child law Cases to Guardians who in turn instruct solicitors who are on the Children Panel. Many Practitioners however are overlooked even though they may themselves be on the Panel. Unfortunately rather than “rock the boat” they have stood by albeit reluctantly. If you have experienced this predicament please e-mail me at gk@fortsolicitors.com as; 6. I propose to take on this challenge with Cafcass on behalf of our members. I will let you know how we get on in the next edition of the Bill of Middlesex and in the meantime I take this opportunity of thanking Darrell Webb our immediate past president for all his efforts on behalf of the Society. Gurmeet Kharaud
The Bill of Middlesex
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local issues
We welcome our new Law Society Representative Mark Hudson joined The Law Society as its regional manager for Greater London in January 2014. Prior to this he has held account management, stakeholder engagement and business development roles in both the public and private sectors. Based at The Law Society office in Chancery Lane, Mark has responsibility for the Greater London region, excluding The City which has a separate manager. Part of a team of ten regional managers covering England and Wales, we aim to do the following: •
work with solicitor members to understand their needs in order to represent their interests within The Law Society.
•
inform solicitors of Law Society services and activities taking place in their region.
•
promote the profession to outside bodies (for example media, businesses, and professional organisations).
A key part of this work includes engagement with local law societies, and Mark will be working closely with Middlesex Law Society to help achieve these aims. If you would like to get in touch please do not hesitate to email him at mark.hudson@lawsociety.org.uk. Mark has a politics degree from York University and an MBA from Cass Business School, and lives in Ealing with his wife and two children.
Middlesex Law Society (est. 1959)
APPLICATION FOR MEMBERSHIP Surname _______________________________________________________________________________________________________________ Mr / Mrs / Miss / Ms Forenames _______________________________________________________________________________________________________________________________ Name of Firm or Organisation ______________________________________________________________________________________________________________ Postal Address or DX no: __________________________________________________________________________________________________________________ Telephone ________________________________________________________________________________________________________________________________ Email ____________________________________________________________________________________________________________________________________ Status & Area of Work _______________________________________________ Date of Admission _____________________________________________________ Would you be interested in joining the Committee?
Yes/No
I wish to apply for FULL/FIRM/ACADEMIC/ASSOCIATE/STUDENT (YMG) membership of the Society (see below for details) I enclose herewith my cheque for £ _________ for the current year, made payable to "Middlesex Law Society" Signature ____________________________________________________________ Date _______________________________________________________________ Subscription Rates: Full Individual Membership:
£50.00 per annum (more than 3 years admission) £30.00 per annum (less than 3 years admission)
Firm Membership:
Partners/Solicitors 2-5 £125 per annum 6-10 £250 per annum more than 10 £500 per annum
Academic Law Departments:
£200 per annum
Associate Membership:
£15.00 per annum (Trainee Solicitors, ILEX members, Paralegals)
Students:
£5 per annum (Young Members Group)
Please return completed form and remittance to: The Membership Secretary, Middlesex Law Society, Susan Scott-Hunt, Middlesex University, The Burroughs, Hendon NW4 4BT Tel: 020 8411 6019 e-mail: s.scott-hunt@mdx.ac.uk
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The Bill of Middlesex
local issues
Top Business Leaders Headline Hart Brown Economic Forum Economic forecasters indicating a growth in the UK economy during 2014 According to recent predictions by The International Monetary Fund (IMF) the UK economy will be the fastest-growing in the G7 during 2014 with a growth of 2.9% in 2014, and a growth of 2.5% in 2015.This has been partly due to easier credit conditions and increased confidence. But it cautions that the recovery has been unbalanced, with business investment and exports still disappointing. Similarly, The National Institute of Economic and
To help make sense of the various messages
Social Research (NIESR) claims that UK growth
emanating from politicians and economists, law
in the first part of 2014 has been “robust”, and
firm Hart Brown will hold their 10th Annual
estimated that UK output grew by 0.9% in the
Economic Forum, on Tuesday 24th June at the
three months ending in March. Nevertheless,
University of Surrey, which will see leading
NIESR also believes that the UK economic
economists and business figures discussing
recovery was “in its infancy” and that it did not
their perceptions on the state of the economy.
expect the Bank of England to raise interest
The panel of speakers will comprise Mark
rates until the middle of 2015.
Berrisford-Smith, Chief Economist of HSBC, Justin Urquhart Stewart, Co-founder & Marketing Director, Seven Investment Management, and
The Office for Budget Responsibility (OBR)
Adrian White CBE, Executive Chairman and
paints a similar picture of the UK economy, and
Founder of Biwater. There will be opportunities
despite forecasting a 2.7% growth, has concerns
for delegates to ask questions of the speakers,
about the nature of that growth. Consumer
on topics relating to the economy in the South
spending, fuelled by weaker saving, drove much
East of England, and how businesses here
of the recent upturn, while productivity growth and
should plan ahead.
growth in earnings had remained “disappointing”. Despite the government’s push for several years to boost exports, the OBR expects net trade to be lacklustre for years to come.
“We are often told by Justin Urquhart Stewart In the workplace, there is similar reserved optimism. Many smaller businesses are looking to create jobs, with UK job creation at its highest rate in months. However, there is an increasing risk of a skills shortage which could impact growth, and although wages are expected to rise in 2014, real wages are not expected to reach their pre-recession peak until 2017.
attendees that the Hart Brown Economic Forum is one of the major business Nigel Maud
networking events held in Surrey,”
commented Nigel Maud, Chief Operating Officer at Hart Brown who will be hosting the evening. “With over 400 expected delegates, it provides a unique opportunity for the business leaders in
Mark Berrisford-Smith
The Bill of Middlesex
But business investment is on the rise. The improved economic outlook, together with low borrowing costs is securing business investment, which will help businesses to export more, build more and manufacture more. Securing a private sector-led recovery is essential to delivering long-term sustainable growth in the UK. So with fewer economic risks, should businesses be focusing on growth, taking opportunities and investing more? Are businesses really seeing a change in the economy? Will the South East continue to grow faster than the rest of the country?
our area to come together in an informal setting, and to listen to the views of some of the top commentators on the economy and business.” The Economic Forum is support by Guildford Borough Council and The University of Surrey. If you would like to attend the Hart Brown Annual Economic Forum please register online at http://www.economic-forum.co.uk or by calling Hart Brown on 01483 887766. The event is free to attend but registration is essential.
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local issues
Council Member Report
By Michael Garson michael.garson@kaganmoss.co.uk
Council met in Wales for 2 days at the beginning of April, where it received presentations as to the current state of development and Welsh law. 12 bills have been passed since 2011 to become Welsh Assembly Acts and another 22 bills are proposed by 2025. Following the Silk Commission in 2011 there are plans for implementation of 11 recommendations and whilst there will not be a wholesale devolution of the justice system a whole new Welsh jurisprudence is developing distinct from the jurisprudence of England.
Council debated the terms of reference for the search for a new Chief
It will be hard for anyone to match the dedication energy and passion with
Executive and as part of the drive to make the activities of Council more
which Des Hudson as a solicitor has argued our position on matters of
inclusive a note has been circulated to Local Law Societies inviting input on
policy – even if in some instances we may not all agree. It is for Council to
the priorities for our next Chief Executive. A major focus of debate was the
ensure that proper governance is followed so that our representative body
importance that the Chief Executive should have authority over the entire
speaks for us all.
organisation which includes not only the representative body but also the delegated boards - the SRA responsible for regulation and Corporate
The election for the next DVP has now taken place and Robert Bourns
Services chaired by the Chief Operating Officer
senior partner of TLT is elected
The Chief Executive report highlighted the following items -
The Government Response to Transforming Legal Aid: Next Steps was published on 27 February, accompanied by the independent reports from Otterburn Legal Consulting and KPMG which informed the Government’s proposals. In line with Council’s motion of 24 February we responded by reiterating our firm opposition to fee cuts, serious reservations about the proposed contracting model and expressing concern about the future for our members. The Society has been working to provide a package of advice to firms considering bidding for contracts as a consortium. There is now a toolkit for solicitors wanting to raise awareness of the impact of proposed criminal legal aid cuts and to dispel the myth that all solicitors are high earners.
The Law Society will be participating in the National Legal Exhibition & Conference (LegalEx) on 15 to 16 May 2014. This two-day event will include an 80-stand exhibition, eight theatres will include seminars on the Conveyancing Portal and CQS and Law Society Consulting, promoting Lexcel, commercial investments and accreditations.
A report on the Diversity and Inclusion Charter annual review indicated an increasing rate of participation in the annual review process - 239 firms participated in 2013 compared to 177 firms in 2012. The annual review is integral to the commitment of firms under the Charter.
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The Bill of Middlesex
local issues
Immigration lawyer picks up award for giving free legal advice
Pagoda Opening
An immigration lawyer from Coventry was presented with the Pro Bono Award by the Chartered Institute of Legal Executives (CILEx) on Wednesday, 4 June at the annual presidential dinner at Christ Church Spitalfields, London.
Left to right: Tom Curran, chief executive of Title Research; Saria Bashir, Pro Bono Award winner; Nick Hanning, chair of the CILEx Pro Bono Trust. 30-year-old Saria Bashir, partner and Chartered Legal Executive lawyer at BHB Law, received the award for giving free legal advice to foreign prisoners and members of her community on immigration and human rights matters. On winning the award, Saria said: “There’s the sense of personal achievement in assisting people who cannot access legal services. The most rewarding thing about the whole experience is how satisfying it is to provide a solution for the client.” She continued: “Receiving this award is truly an honour and I am humbled. I cannot express the mixture of emotions I have gone through since learning that I am to receive this award as I have overcome so many hurdles to get to where I am.” Saria’s portfolio of pro bono work is extensive and has increased since the Legal Aid cuts to immigration were introduced. On a monthly basis, she visits foreign prisoners at HMP Woodhill in Milton Keynes advising them of their immigration status. She said: “The prisoners have been severely affected by Legal Aid cuts and they have such important factors in their cases which if not argued, will mean they will not receive a fair trial which infringes upon their human rights.” In addition to her work with prisoners, Saria represents a client who is suffering from a life threatening condition who will not receive adequate medical treatment if they are removed back to their home country. She has also set up
The Bill of Middlesex
Free Legal Clinics at her offices in Coventry to assist those who cannot meet legal fees. Chair of the CILEx Pro Bono Trust, Nick Hanning, said: “As ever, the Pro Bono Award was hotly contested by very impressive nominations any of which would have made worthy winners. Miss Bashir stood out on account of her longstanding and varied pro bono immigration advice and representation and especially her prison clinic work. It is very humbling to hear of her dedication and a privilege to be able to show our appreciation of her work. She is a shining example of the very best attributes of CILEx Members.” Tom Curran, chief executive of Title Research who sponsored the award said: “We are delighted to have been sponsors of the CILEx Pro Bono Award this year and commend Saria for her commitment to justice and access to legal services. Congratulations, Saria.” Saria began her legal career as a receptionist at a law firm after leaving school. She is now a partner at her firm, only possible because she was able to qualify as a Chartered Legal Executive lawyer by studying CILEx’s courses whilst working full time. She now hopes to continue her training to become a Chartered Legal Executive Advocate. Title Research will donate £750.00 to a charity of the winner’s choice. Saria has chosen to award the money to Birmingham Children’s Hospital.
Scale new heights this summer, as Kew’s iconic Pagoda is open to visitors for the first time in eight years! Get your heart racing as you climb the spiral staircase to the top of this 50m-tall, 250-year-old building for breathtaking views across the Gardens and to the London landmarks beyond. Timed tickets to explore the Pagoda can be purchased online or at the gates daily for £3.50 per person. For more information visit www.kew.org or call us on 020 8332 5655.
Kew the Music KEW THE MUSIC, Kew Gardens glorious series of Summer concerts, returns for its fifth year in 2014 to a brand new part of the Royal Botanic Gardens. Once again these festival-style concerts, which are renowned for their magical laid back atmosphere, feature a fantastic line up of artists with performances by ELVIS COSTELLO, BJÖRN AGAIN, JOOLS HOLLAND AND HIS RHYTHM AND BLUES ORCHESTRA, SIMPLE MINDS and BILL BAILEY. Visit www.kew.org/music for full events and ticket information.
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local issues
Men win equal pay and sex discrimination case A group of 23 male workers at a university in Wales who issued a sex discrimination and equal pay claim in the employment tribunal claiming they were paid less than their female colleagues on the same pay grade have received £500,000 in compensation. The case has received a lot of attention in the press as they are thought to be the biggest group of men to have launched legal action claiming for equal pay and sex discrimination. Usually, equal pay cases involve female employees seeking pay equal to that of higher paid male comparators. The Equal Pay Act introduced in 1970 even referred to the claimant in equal pay claims as a woman.
Helena Woodward-Vukcevic, Solicitor, Employment Team at Hart Brown
Helena Woodward-Vukcevic from law firm Hart Brown, outlines the situation on equal pay, following the recent sex discrimination and equal pay claim win by a group of men.
The Equal Pay Act 1970 has since been replaced by the Equality Act 2010 which continues to assert the principle that men and women should receive equal pay for equal work. For an equal pay claim to succeed a claimant must be employed by the same employer as a comparator, performing like for like work, or work rated as equivalent or work of equal value. Successful claims can require payment of arrears of back pay for up to 6 years. In addition to this, equal pay claims do not have to just cover pay but also other contractual and even non-contractual benefits such as discretionary bonuses.
In most equal pay cases the employer is likely to have far more information than the claimant as to all its employees’ salaries and earnings. Therefore, it is not always easy for the claimant to identify an appropriate comparator. Where a claimant’s contract of employment has a pay secrecy clause, this can be overridden if they suspect inequality of pay. A claimant can obtain information to identify an appropriate comparator through the use of the statutory equal pay questionnaire procedure or through the new informal question and answer procedure. Where an employee thinks that they are suffering from sex discrimination in contractual pay, but cannot identify an actual comparator, section 71 of the Equality Act makes provision for an employee to bring a claim under direct sex discrimination when it is possible to rely on a hypothetical comparator. Section 71 also allows a claimant to point to an individual and argue that the pay difference is too great, and that the reason for this is sex. Following the successful action brought by the group of men, it will be interesting to see whether we will now see an increase in claims brought by men or in fact any other groups who share a protected characteristic.
Stats show law graduates choosing alternative route to qualification as lawyer The latest statistics from the Chartered Institute of Legal Executives (CILEx) show that law graduates are continuing to choose this affordable route to become qualified lawyers. The CILEx January 2013 exam results released today show that the CILEx Graduate Fast-track Diploma (GFTD) qualification is proving a viable alternative to the Legal Practice Course (LPC), with nearly 50% more students sitting for this one year qualification. CILEx’s GFTD qualification is the equivalent of the LPC or the Bar Professional Training Course (BPTC) but enables students to become lawyers without undertaking a training contract or pupillage. Instead, these students need to complete three years’ qualifying employment to become a CILEx lawyer, during which time they gain the experience to meet the CILEx Fellowship criteria.
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It is also very affordable, and typically costs £2,500 including all exam, exemption and membership fees. This will be welcome news to law students who heard this week that the average cost of the BPTC has risen by more than £1,000 in two years with the most expensive passing the £18,000 mark. William Cason, a trainee at Jackamans Solicitors
took the GFTD and said: “It’s a fantastic programme that enabled me to get qualified while I worked and helped me secure my dream career. It was also considerably cheaper than the LPC.” A comparison of applications for the course between October to December 2013 to the same period in 2012 shows a 47% increase in
The Bill of Middlesex
local issues
Law Society announces new deputy vice president elect The next deputy vice president of the Law Society will be employment law expert Robert Bourns. a growing business across the UK, having been Managing Partner for six years and more recently Senior Partner at TLT. The new deputy vice president has been involved in local law societies for many years, having been a Secretary and President of Bristol Law Society and Secretary of the Association of South Western Law Societies.
The Law Society Council has elected Robert Bourns, senior partner at TLT Solicitors, who will take up the role of deputy vice president in July 2014. He is expected to become president of the Law Society in 2016. Robert began his training in 1978 at Osborne Clarke. He qualified in 1980. Robert has significant experience managing and developing
students opting to take this route. University graduates with a law degree or the Graduate Diploma in Law (GDL) conversion course can take CILEx’s graduate route to qualification. Thousands of other CILEx students will also be celebrating this weekend as nearly 4,000 will receive the results of their January exams: 70% of CILEx students will learn they have passed their Level 3 Professional Diploma in Law and Practice units and 35% of those have attained a distinction. The Level 3 units are set and assessed at A level standard. For the Level 6 Professional Higher Diploma in Law and Practice exams, 56% of students
The Bill of Middlesex
Robert joined Council in 2011 and is an elected member of the Management Board. He is one of five representatives for the City of London constituency, a member of the Law Society’s Equality & Diversity committee and a member of the RAB Regulatory Processes committee. Robert Bourns said: “The Law Society has an incredibly important job to do in maintaining trust and confidence across a diverse profession. Representing in-house and general counsel alongside private practice both large and small. The Society needs to provide contemporary
support and promote the interests of members and their clients. In the context of continuing changes to regulation it should be recognised for its relentless protection of the Rule of Law. “Being elected deputy vice president is an honour, particularly given the experience and different qualities of the six other able candidates.” Law Society chief executive Desmond Hudson said: “Law Society chief executive Desmond Hudson said: “There was stiff competition with seven candidates for this year’s deputy vice president elections. All of the candidates had a great deal to offer and Council had a difficult choice to make. “Robert has already made a significant contribution to the Law Society, from representing the City to the work of the Equality & Diversity committee. We all look forward to welcoming him in July.”
passed their exams, which are set and assessed at honours degree level. Head of qualifications at CILEx, Alison Hollyer, said: “Year upon year, CILEx students continue to demonstrate the flexibility, affordability and accessibility of the route into law that we offer. Our qualifications truly widen access to the legal profession and now with the inclusion of Legal Services Apprenticeships, there has never been a better time to choose CILEx for your route into a career in law.”
William Cason, trainee at Jackamans Solicitors
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property
Recent flood events call us all into action
The flooding may be subsiding, but we can’t afford to let the memories of its impact do the same
There is no denying that in recent times the world has experienced some pretty extreme weather events. Last year was Australia’s hottest in living memory, in the Philippines Typhoon Haiyan became the strongest typhoon ever recorded, there were record high temperatures in Scandinavia, heatwaves and intense rainstorms across Europe and South America, and much of the US came under the grip of a polar vortex with a big freeze bringing many regions to a halt. Here in Britain we saw the stormiest December in 44 years. The hostile winter continued into January and February 2014 with high winds and storm surges causing widespread coastal, river and surface water flooding, substantially impacting on individuals, businesses and infrastructure. The Met Office confirmed at the end of February it was the wettest winter in England and Wales since records began 250 years ago. Although severe storms in the UK are not unknown, the relentlessness of recent events is certainly unusual with the full catalogue of flooding – tidal, fluvial, pluvial and groundwater flooding – all being experienced over a period of seven or eight weeks. Around 6,000 properties were flooded and politicians raised concerns about future flood strategy with the Prime Minister, David Cameron, calling the floods “a tragedy for all those affected” while urging the insurance industry to process claims as quickly as possible. We are all acutely aware from the extensive media coverage of the floods that the impact on residents and their property can be hugely detrimental, not to mention the potential blight on a home’s value, but as awareness grows around the potential for flooding do homebuyers know who is responsible for advising them on flood risk?
A survey commissioned by Landmark Information Group revealed that only 42% of people investigated their flood risk before buying their home, while 55% of property owners in the UK expected solicitors to automatically investigate a property’s flood risk as part of the conveyancing process. Clearly there is an expectation from homebuyers to be assisted in discovering the level of risk, not least so they can look to mitigate this if required. It is imperative that buyers know about any potential flood risk as early as possible and have appropriate insurance in place before contracts are exchanged and they become fully responsible for the property. Until Flood Re
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comes into force in 2015, properties found to be ‘at significant risk’ of flooding may prove extremely expensive, if not impossible, to insure. If a property cannot be insured, the solicitor will be unable to provide the necessary Certificate of Completion to the Lender to release the mortgage funds and therefore the buyer will be unable to complete the purchase.
Where does this leave the legal property professional in terms of required due diligence and compliance? According to the Law Society Practice Note launched last May, conveyancers have a key role to play. The Practice Note states that ‘In all conveyancing transactions, when acting for a prospective buyer, tenant or lender, you should mention the issue of flood risk to your client and, if appropriate, make further investigations’. There have been some concerns over what ‘appropriate’ means, but with 200,000 homes built on flood plains between 2001 and 2011 and surface water flooding meaning risk is not exclusive to properties near the river or sea, it seems that ‘appropriate’ is becoming an increasingly inclusive term. As the practice note concludes ‘it may not always be obvious that a property is at risk of flooding’.
The cost of a desktop flood report (around £20), with a risk assessment by accredited consultants, is inexpensive and could save thousands, if not tens of thousands, of pounds in the long term. It will clarify your client’s level of risk and help them identify the measures they could take to protect their future exposure to flood, while at the same time satisfying the Law Society Practice Note. Let’s all hope that we have seen the back of the floods this year, in the meantime we can be working together to ensure we are playing our part in mitigating the risks for all stakeholders, especially the homebuyer. John Pickford, Searches Manager, Thames Water Property Searches Thames Water Property Searches are experienced national providers of due diligence searches and training to legal property professionals. They protect conveyancers and their clients with a comprehensive range of products and a proven dedication to quality customer service. A member of their team would be happy to discuss how they can assist you with your conveyancing search and training requirements. They can be contacted on 0845 070 9148 or by emailing twps@thameswater.co.uk. Alternatively, visit www.thameswater-propertysearches.co.uk.
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property
It’s raining sinkholes! Whether or not you believe that climate change is occurring, the last decade or so has shown some significant changes in rainfall patterns in the central and southern parts of the country. These changes have influenced ground instability resulting in the recent spate of “sinkholes” that occurred in February. Looking back at the rainfall statistics (www.metoffice.gov.uk) it is apparent that since 2000 the mean annual rainfall figures in southern and central areas have increased. In the past there were some notable ground collapses in the early and mid 2000s when intensive rainstorms locally produced rainfall of over 50% to 100% higher than usual. Higher than average rainfall was also a feature of 2008 to 2010. By contrast 2011 was a much drier year than normal and this pattern continued into early 2012. During this time few ground collapses were taking place. As 2012 progressed rainfall greatly increased from April onwards producing a wetter than average year. 2013 also started with average rainfall interspersed with drier months but got wetter during the autumn to winter period, continuing into the very wet months of January (>200% above average) and February (>270% above average) this year. The cumulative effect of the rainfall reflects the incidence rate of subsidence as follows: • 7 subsidences in 12 months in 2012 • 17 subsidences in 12 months in 2013 • 13 subsidences in just 2 months in 2014
Size isn’t everything! Fortunately in Britain ground collapse is rare and not as dramatic as examples from places like Florida, South Africa, Guatamala or China, but even so the holes can be reasonably large and dangerous. In late December a collapse over old mine workings at Foolow, Derbyshire produced a hole about 50m across and 40m deep. This occurred in a rural area but only endangered local sheep and walkers! By contrast a number of smaller holes that occurred further south in February caused alarm to residents and structural damage – fortunately none of it causing injury! • At Walter’s Ash, High Wycombe, a hole (circa 4.5m diameter, 9m deep) swallowed a VW Lupo car parked on the drive outside a house • At Upper Basildon, near Reading, a hole (circa 3m diameter, 3m deep) opened up beneath a car as it travelled along a driveway, but luckily the vehicle spanned across the hole allowing the family to get out safely • At Hemel Hempstead, another hole (circa 10m diameter, 6m deep) appeared below housing causing significant structural damage and evacuation of residents • At Nettlebed, Oxon, a fourth hole (circa 5m diameter, 6m deep) occurred within woodland, needing fencing off to secure it safely • At Gillingham, Kent, a large hole (4m diameter, 9m deep) formed within the grounds of a school
Since the collapses occurred some of the holes have been backfilled with foamed concrete to make them safe while ground investigations are carried out to determine their cause. Over 200m³ (or 20 concrete lorry loads) of foamed concrete were used to infill the holes at each of Hemel Hempstead and Gillingham.
What is a sinkhole? Strictly speaking a sinkhole is a collapse of ground over a naturally formed void at depth. They occur where the ground below the surface has been dissolved away – they are typically found in areas underlain by chalk, limestone, gypsum and salt. In southern and eastern England, sinkholes are associated with areas where sand, gravel and clay layers overlie chalk. PBA is currently investigating and stabilising several sinkholes on chalk where structural damage has occurred in areas like Reading, Marlow, Maidenhead, Beaconsfield, the Chalfonts, Grays and Hertford. The recent collapse in Ripon, underlain by soluble gypsum, is another example of a sinkhole that caused significant structural damage. However, many of the recently formed holes are suspected to have originated as a result of ground collapse over man-made voids in the ground i.e. mine workings. This type of collapse is referred to as a “crown hole”. There are large numbers of unrecorded historical mine workings across the country, liable to intermittent subsidence depending upon weather or leaking drains that reveal their presence each year. PBA is currently investigating possible mined ground and collapses at Gillingham, Nettlebed, Upper Basildon, Hemel Hempstead and Chalkhouse Green.
Solutions for sinkholes After backfilling the sinkhole to prevent it enlarging either a series of exploratory holes are drilled into the ground at close centres around the feature or the surrounding ground can be surveyed using geophysics. Geophysical survey techniques that can be useful, subject to conditions, include microgravity, resistivity, conductivity and GPR. Depending upon the setting investigation techniques such as dynamic probing or rotary drilling may be used. The aim of the work is to be able to create a 3D ground model of the cause of the collapse at depth in order to design a suitable remedial stabilisation scheme. Remedial stabilisation techniques used from the surface can include grouting (using cement and/or resin), soil reinforcement (geogrid installation), piling, capping and excavation/replacement. Sometimes safe access into the collapsing void can be achieved and the infilling or reinforcement works can be carried out in situ.
What action should conveyancing solicitors take? Given the potential impact on a property, ground instability risk is clearly something for which conveyancing solicitors should be checking as part of their due diligence process. Environmental reports – both residential and commercial – all contain data from multiple sources (both manmade such as mining and underlying natural conditions) in order to provide a risk screening and next steps.
Walter’s Ash, High Wycombe
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Blog prepared by Dr Clive Edmonds, Peter Brett Associates LLP, a leading specialist in the recording, investigation and stabilisation of geohazards and Landmark Information Group.
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book review
A SHORT BOOK OF BAD JUDGES A SHORT BOOK OF BAD JUDGES: THE TITLE SAYS IT ALL An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It is a rare pleasure to come across a book about judicial matters — in this case judges — which is (a) short and (b) thoroughly entertaining, erudite and a rattling good read. ‘A Short Book of Bad Judges’ by Graeme Williams QC displays these attributes in plenty and is to be highly recommended, especially to members of the Bar who have had to bear the brunt of rudeness —although not necessarily ‘badness’ — from the Bench all too often.
“Badness” is not a word we are that familiar with, but in the context of this engaging book from Wildy, Simmonds & Hill, it’s certainly appropriate. ‘There are plenty of books about good English Judges,’ By Graeme Williams QC Wildy, Simmonds & Hill Publishing ISBN: 978 0854 901 418 www.wildy.com
remarks the author who is experienced in these matters, ‘so far as I or Google know.’ ‘As yet,’ he adds, ‘there is no book specifically about Bad Judges in this country, though there are quite a few in the United States.’ (Bigger country; more judges and all that — and elected too!)
So evidently this book has boldly gone where no other book has gone before, at least not in the UK — and it is perhaps a good sign that this compendium of anecdotes about the antics of ‘bad judges’ over the last 150 years or so, is so short, although, as the author warns, it is by no means complete. However, one can at least infer from this that ‘bad judges’ have mercifully been in the minority.
What the book does reveal though, is the havoc that can be wreaked by a few bad apples. One example (and not the worst example by any means) was the well known case of Lady Ida Sitwell, mother of Edith, Osbert and Sacheveral, on who was passed a sentence of imprisonment by Lord Darling ‘when she was clearly the victim and not the perpetrator of a fraud.’
The portrait of this ‘Mr Charles Darling QC MP 1860, When Still at the Bar’…’looking snooty’ says the author — is one of the numerous illustrative portraits of ‘bad judges’ reproduced in the book. Similarly the ‘badness’ of this rogue’s gallery of bad judges — nine men and one woman — is illustrated throughout.
Reading though the text, one can discern arrogance, impatience, discourtesy as their defining or perhaps typical characteristics. But crucially one element is missing, says the author, and that is corruption and for this, he remarks, one should be thankful. Public confidence in the judiciary, he concludes, is essential to democracy and warns that ‘the price of good justice is eternal vigilance’.
With its wealth of anecdote, sometimes controversial opinions and startling revelations, this book does achieve that elusive un-put-downable quality for which all authors strive. One of its beauties is that it can be read in one sitting. Read it on a rainy day and you will be both enlightened and charmed.
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legal aid
Ministry of Justice Criminal Legal Aid cuts The Ministry of Justice (MoJ) received over 18,000 responses to the consultation ‘Transforming Legal Aid – Next Steps’. The Government’s final decisions on the reforms to criminal legal aid are set out in its response document which can be accessed in full on the MoJ website. Whilst the fee cuts will still go ahead, a number of modifications to the original proposals have been made, in response to requests from consultees and following discussions with the Law Society. A number of transitional arrangements are also proposed to provide assistance and support to firms, full details of which can be found on The Law Society website.
The reports commissioned from Otterburn Legal Consulting and KPMG were published at the same time as the MoJ’s consultation response. The KPMG report raises a number of concerns regarding the viability of the proposals. The Society has always maintained that the market cannot sustain cuts of 17.5%, and this analysis appears to support our opposition to the cuts. The report also raises questions over the ability of winning firms to deliver these contracts. In 21 procurement areas outside London, at least one parameter of the KPMG model was not met, and in nine areas multiple parameters were exceeded. In addition, almost all the London areas threw up significant concerns.
Key reforms/changes to original proposals Fee cuts • • •
Initial fee cut of 8.75% under the current 2010 contracts, to apply to cases starting on or after 20 March 2014; Second 8.75% fee cut when the new contracts start; Barrister’s fees to be reduced by on average 6%.
Contracts • •
525 separate contracts for Duty Solicitor work, based on quality and capacity criteria; Unlimited number of Own Client Work contracts for those meeting quality standards.
Procurement areas Richard Miller
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Head of Legal Aid, The Law Society •
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Procurement areas in London to be increased to 32 from the original 9 proposed; 53 procurement areas outside London.
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Fee structures • • • •
• •
Police station: two fixed fees for police station work: (1) for cases originating in London, and (2) for cases originating outside London; Retention of an escape threshold for police station work; Magistrates’ court: four fixed fees based on categories of case, rather than the one fee proposed; non-standard fee threshold retained; Crown Court: • Cases with less than 500 PPE: a third variable to be introduced – guilty plea, cracked trial or trial. Fixed fees thus set by offence type; PPE and case type. • Cases with more than 500 PPE: retention of the current Litigator Graduated Fee Scheme (LGFS). Restoration of cracked trial fees for elected either way cases that crack because the prosecution offers no evidence – in recognition of the fact that this is beyond the control of the defence; Simplified, version of the Advocates Graduated Fee Scheme (AGFS) – option 2 in the consultation paper - and reduction of barristers’ fees by, on average, 6%.
Business structures •
More flexible options for business models, including a ‘lead contractor’ model, in addition to mergers, joint ventures and ABSs.
Timetable Tenders for own client contracts opened on 25 April 2014 and will close on 23 May 2014. Tenders for duty contracts will open in July 2014, with decisions to be announced in February 2015 and the new contracts expected to start in June 2015. The Law Society has launched guidance to help criminal legal aid solicitors cope with the cuts and dramatic market changes announced by the MoJ. The guidance will help solicitors adapt to the Legal Aid Agencies’ new requirements for delivering criminal legal aid and help firms consider options for suitable business models and the steps needed to pursue them. The document identifies the types of business models that are most likely to be sustainable
Transitional support
over the long-term, such as mergers, joint
• •
ventures and consortia. It provides detailed
• • • •
The MoJ is making consultancy advice available to firms on business and IT issues; Tailored packages through which firms can apply to the British Business Bank to take advantage of Enterprise Finance Guarantee; A Legal Aid Efficiency working group is to be established; Introduction of a system of interim payments for both litigators and advocates; Sir Brian Leveson to conduct a review of criminal proceedings, to identify ways to streamline them; The review to include consideration of how to reduce the number of pre-trial hearings that require lawyers to travel to court to attend.
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information on how firms can adopt these new business models and will help firms to deal with difficult market conditions including cost pressures, challenges around investing for the future and declining volumes of work. The information explains the compatibility of new ways of working with SRA regulations and code of conduct.
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young members’ group
Young Members Group -
Legal Careers There are many careers within the legal professions: Solicitors, Legal executives, Trainees, Paralegals, Judges etc. and there are many routes to qualification. The Young Members Group will be interviewing a series of legal professionals to find out what it is they do, how they qualified and what advice they can offer to up and coming professionals. What characteristics makes one a successful solicitor within Family Law? Family Law is very challenging and demanding. Most clients that come in to see me share their personal experiences with me which they may not have even shared with their family or friends. Therefore it is important to be understanding and be able to share empathy at the same time as being pragmatic and professional. It is important to listen to clients and advise them appropriately as every case is different and so is every client.
What are the greatest challenges you have faced within your field/career? Nabia Zahid – 1st Year Law Student at University of West London
Nabia Zahid is at the beginning of her journey towards becoming a Solicitor. She is a first year student at the University of West London and is very excited about pursuing this career. Nabia interviewed Maansi Khosa, an Assistant Solicitor working in the Family Department at Desor & Co. Maansi qualified as a solicitor in June 2013 and is currently undertaking work in various areas of Family Law, including Injunctions, Divorce Proceedings, Children Act matters and Ancillary Relief Proceedings. Nabia feels that the experience of interviewing Maansi has re-confirmed her interest in the field.
How did you first realise that Law was the right career for you? When studying for my GCSEs and A-Levels I realised that I was better in the Arts subjects than the sciences which helped me narrow my career path towards Law. After speaking to careers advisors, family and friends doing Law and after undertaking a work placement at a law firm, I decided that Law was the right career for me.
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The Legal field is extremely competitive. The biggest challenge I faced was securing a training contract. This was a common challenge for the majority of the LPC graduates. However, I did a lot of work experience in various firms to include small high street firms, medium size regional firms, County Court and I had worked abroad which helped set me apart from the other candidates all trying to secure a training contract. Having additional skills such as being able to speak and understand different languages and having worked in other companies such as HM Customs and Excise afforded me a variety of skills which subsequently benefitted me in the legal career. Moreover, after being a paralegal for a year before securing the training contract I was able to apply for time to count and really get to grips with the legal field and family law in particular.
put your training into practice and use your judgment and skills in practice. There are greater responsibilities, for example meeting targets, maintaining a clientele and being responsible for your own files. You also have to keep abreast of the changes in the Law regularly.
How would you describe your duties now compared to the duties then? As a paralegal/ trainee the duties involved were more admin based and more time was spent learning from the training supervisor, researching the law and assisting the fee earner training you. The duties as a qualified solicitor involve undertaking admin work as well as advising clients, drafting documents, doing more advocacy, negotiations and meeting targets.
What advice would you give to Law students considering a career in family law? Gaining experience via work placements in a range of law firms will aid the process of elimination in deciding whether that particular field is right for you or not. Speaking to careers advisors in your universities/ law schools and speaking to family or friends who have a career in family law will help answer any questions you may have.
What do you find most exciting about working within Family Law? Family Law is very challenging and every case is different. I enjoy the challenge and the demanding nature of the field.
You finished your training contract about a year ago, how would you describe your transition from a trainee to a qualified solicitor? As a trainee solicitor you are able to learn from your mistakes and take in as much knowledge and information from your training supervisor. As a qualified solicitor you are now in a position to
Maansi Khosa
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strong sense of ‘fair play’ and what was right and wrong. This has driven me to’ stand up’ for the weaker parties. I did not get the A Level grades to pursue a degree but I found out about the legal Executive course which allowed me to both work and study? As I was studying, I thought this is really for me. I passed and given the number of years I had worked in the profession, I was able to apply for an exemption and qualified as a Fellow of the Legal Institute that same year.
Stephen Babalola – 3rd Year Law Student at the University of West London
Stephen Babalola is a third year student at the University of West London. He describes himself as being a keen, analytical, hardworking law student and aspiring lawyer for the Government Legal Service (GLS). Stephen is particularly passionate role of law and policy making in our society which is often overcrowded with parties politics. He feels he has demonstrated extensive involvement in the public life through his academe life and beyond. Consequently, he seeks to pursue a career with the GLS, local council and governmental ministers by providing advisory role with the view of outlining both the legal consequence of their or pending decisions and suggests practical perimeters of materialising these decisions. Stephen interviewed Anita Anthony, a Legal Executive and Partner at Desor & Co Solicitors, who has been working in the Legal profession for 25 years. Anita juggled her studies and family life and qualified in 2009 as a Fellow Of the Chartered Institute Of Legal Executives. She has been working at Desor and Co for almost 10 years, where she became a partner in 2011. During her time in the profession, Anita has experienced many changes, some of which have been rather challenging. She undertook Personal Injury work for 10 years and now specialises in Domestic Violence and Children Act proceedings, Public and Private.
There are different routes to the law and the Legal Executive course is perhaps better for those who are practical than academic and more ‘hands-on’. For those who do not achieve the right A Level Grades, it provides another route into the profession. The Chartered Institute of Legal Executives have fought very hard to ensure Legal Executives enjoy the same rights and benefits as Solicitors. Legal Executives are now able to achieve Partnership Status and run their own practices and enjoy same rights of audience as solicitors.
What is your view on the unified Family Court? Do you think it will be affect the manner in which you conduct cases? It is still early days and I have yet to experience the effect of the unified Family Court. The current system is very fragmented. Amalgamating all the family courts, so they are now under one roof is an excellent idea. The aim of course is to make the current system more consistent and efficient. There will of course now be one point of entry and delays that would otherwise be experience, especially with the transfer of cases will no longer be experienced. Right from the outset now, cases will be appropriately allocated and hopefully will stay with the same Judge/Magistrates to ensure continuity.
How has the recent legal aid cuts affected your practice of Family law? How is this affecting the principle of “equality of arms” during proceeding? We are predominantly a small legal Aid practice. We are three partners and two fees earners. For us, we have had to change the way we work and make certain cut backs. Many small firms have chosen to merge with other firms and some unfortunately have closed. I know there are many who have become disheartened with the profession and have chosen to leave and or pursue alternative careers. We are having to do quite high volume of work, we have to work quickly and efficiently, whilst still ensuring we offer a good quality of service.
What made you to pursue a career in law? From an early age of 11, I knew I wanted to join the legal profession. I was passionate about the law in general and often watched the legal programmes that dominated our televisions e.g. LA Law, Cagney and Lacey, Petrocelli and many more. I remember watching them and thinking; that is what I want to do. From an early age, I loved a good argument and debate, I had a
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On equality of arms, the cuts in Legal Aid were initially a shock to the public, however they are now coming to terms with it. In my opinion there are always going to be cases where a party will be at a disadvantage if they are not legally represented or not been able to obtain legal advice/assistance. Fortunately in the area of work I do, namely domestic violence, legal Aid is
Anita Anthony still available. For those clients who do not qualify for Legal Aid, we are able to act on a reduced/ fixed fee to either represent them at Court or provide them with assistance with drafting paperwork. Some clients are just satisfied to pay for advice so they are then armed with information which gives them the confidence to pursue the case on their own. In my experience the courts are sympathetic to a litigant in person and are willing to make allowances if paperwork etc. is not correct. I think mediation is of course the key and the courts are encouraging parties to mediate before embarking upon litigation.
How would describe the work/life balance of a busy solicitors? You need to get the work balance right. There are of course always times when you have to put in additional hours or come in early and stay late. For me, I still have a young family and it therefore suits me better to come in early or work from home, then stay late. Many firms are sympathetic to working parents and with technology now, many firms are able to give employees remote access to enable them to work from home.
Can you give us your top three tips for a successful application for work experience placement? A good CV, be explicit about your skills. List all your work experience. I don’t think any work placement is a waste of time, even if it turns out to be a bad one and if it is not for you, you will have still learnt and experienced something new. When you start work, be enthusiastic, turn up on time, smart and complete basic tasks. Also be prepared to do mundane tasks, such as filing and photocopying and even running errands. Being amenable and willing to do such tasks will I think speak volumes about one’s character.
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professional issues
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The Bill of Middlesex
professional issues
Future Perfect As was said by a man of France ‘Dis-moi ce que tu manges, je te dirai ce que tu es.’* ‘Tell me what you eat and I will tell you what you are’. And so it is that the standard of learning of lawyers is the essence of our profession. At the core of our existence as solicitors is an understanding of how the rule of law works and how to best enable citizens to access the law when needed whether for commerce or private lives. So it is right to be anxious when regulators appear less than careful with standards and keen to push for changes without certainty of impact. Much is presented as if it is mere bureaucracy and not substance; arguably it is dangerous to unpick the system before the work on a Competency Standard has first fixed the right standard at entry to practice and what it should be thereafter. The Legal Education and Training Review reported its initial findings last summer. The SRA announced it was stepping up ongoing work to review training regulations qualification requirements and post-qualification requirements. What has happened since then? Although the LETR review found that the system was not unfit for purpose and capable of evolutionary improvement the Legal Services Board has demanded a more radical approach and has pressed its view. In March it issued statutory guidance to the regulators to precede detailed plans for implementation of the LETR. They recommended that at the point of ‘authorisation’ there should be a rebalancing to establish what an individual must know at that point and what can be fulfilled through later ongoing competency requirements. This is a clear push to bring about the authorisation of a greater number of individuals, leaving it to employer organisations to ensure fitness for market practise purposes. David Edmonds said that it had always been his view ‘that a liberalised legal services market will function more effectively if there is more flexible labour market’. He also said ‘We look to the front line regulators to implement guidance in ways that add flexibility to regulation’. Some may see this as an overt attack on current professional standards. The SRA’s followed up with its first stage consultation ‘Training for Tomorrow’ and proposals for removal of unnecessary requirements and processes the followed. In a conversation on 18 April I discussed the consultation with former Middlesex President Susan Scott Hunt who is now Director of Middlesex Law Department’s Clinical Legal Education Programme. My perspective is that of a practising a practising solicitor whether looking for a job as a newly qualified solicitor or running a department or firm. Susan sees the challenge as an educator and provider of learning support for entrants onto a career path in the law or career in private industry government or other professional walk of life MG: “As practising solicitors, we want to know that new entrants into the profession, even at the student level are inculcated with the ethic of the English legal profession and to be confident that by the time they are admitted and are awarded the badge of solicitor they have a passion to pursue excellence with knowledge and understanding of both the law itself and the way it is practised.”
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SSH: “Our perspective would be that qualification in terms of understanding of the law itself is our core function. Competence at the point of entry will be enhanced by on the job training and later specialisation, but in an increasingly fractured legal sector, with diverse areas and forms of practice, ‘understanding the way law is practised’ becomes a problematic outcome. The ‘vocational’ stage needs to be rethought. Then If necessary the period when newly qualified’s should be prevented from practising alone should be extended from three to five years. Under the current proposals SRA would no longer register students and check if they meet ‘the suitability test’; that task will fall to educational establishments. This is achievable, provided candidates receive clear information from the SRA. The SRA may want to save the cost at the outset and leave vetting to a later stage.” MG: “Presumably it runs the risk that students will complete their training and find that there is a then a query over ‘suitability’ for some reason. This needs to be looked at in combination with the other relaxations, such as the proposal for more flexibility in relation to the academic routes to qualification. At the moment a Qualifying law degree or the Common Professional Examination is required, followed by the Legal Practice Call Course and Training Contract plus Professional Skills Course. The current regulations require the stages to be completed in order and few other forms of education and training are recognised and get an exemption. The new regulations suggested will provide for completion of the academic stage by any ‘equivalent means’. Equivalency of course being as assessed by the SRA?” SSH: “Parts of the jobs market are very clear as to what it needs. The City will continue to want entrants with a good academic degree and they are happy with the Graduate Law Diploma, which attracts good students with maturity and intellect. There could however be other routes to entry that could better enable some students to proceed where they are presently barred, due to the fact that so many training opportunities are provided by the large firms. This will not guarantee them their objective - which may in itself be unrealistic – yet it may lead to opportunities in work having some meaning and utility within the legal sphere. Our view at Middlesex University is that not all law students take up a career in the law and therefore more flexible courses are something we do pursue and are developing further. Courses that develop soft skills makes sense and in today’s world; lawyers need a portfolio of skills outside of ‘black letter’ law. From this you may gather that I quite like the suggestion from the SRA to remove the requirement for training in ‘contentious’ and ‘non contentious’ work to one simply requiring ‘ at least three distinct
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professional issues
areas of English law and practice” during the practical training period.” MG: “I always understood that the current arrangements were intended to ensure a breadth of training experience as part of a rounded legal education prior to admission. Whilst not intended that at point of qualification an individual should necessarily be expert to fly solo it seems to me that a good understanding of both contentious and non contentious work is needed.” SSH: “I would not necessarily agree, as there are many ways of ensuring that there is a standard of competence at the point of admission and the SRA proposal would require levels of skill and competence similar to those now required.” MG: “In this example as in others it is hard to work out if the SRA is simply dispensing with rules to make administration easier for themselves and whether what is presented as a change in process will in fact turn out to be a change of substance. I can quite easily see that it would lead to a general downgrading of the quality of newly qualified solicitors where they have received training in closely allied fields of work leading to a narrow range of experience. Upon qualification there is a vast amount one does not know but at least one should be able to understand how to approach issues and recognise where it is outside one’s current competency. Perhaps the most contentious proposal on its face is to remove the requirement for training to take place under the terms of the contract specified by the SRA. The SRA does not want to be involved in the employment relationship and believe that is a matter for employer and employee and so will take away the need for training to be under the terms of a prescribed contract. It is contended that the employment for training will be an apprenticeship contract. Thus SRA will concentrate on defining the standard and quality of training that is expected. This too is presented as a change of form rather than us of substance.” SSH “Surely SRA will monitor the standards of training. So there will still be a requirement in relation to the content and breadth of training, supervision and assessment before sign off so it seems to me that the change will be welcome as it would enable potentially more employers to feel confident about it offering such contract.” MG “As with so much of the change in the name of deregulation as a result of OFR the success will rest upon the promise by the SRA to set and maintain standards. In my view that rests in great measure upon their ability above all, to enforce. There are no clear examples of cases that show what will be acceptable or the outcomes where there is abuse of the system.
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If the market does not have guidance this creates uncertainty and opens the way, if not for abuse and exploitation, then a worry that this may occur.” SSH “The current SRA quality control does not ensure consistency of experience in the training contract. As we found through evaluating the ‘work-based learning’ pilot programme. There are many difficulties in assessing progress and judging competence outside of the traditional exam framework. Until we have a reliable and robust system predicated upon a competency framework it is simply speculative as to whether or not the proposals made by the SRA will maintain current standards.” MG “The SRA has also consulted on changes to CPD but we shall leave that for another day.” Since this conversation took place the SRA, on 25 April, published its response to the consultation. Although it is said that most of their proposals were supported it seems accepted that there will be a need for access to clear and accessible guidance. It is also acknowledged that there is a concern around assurance of the standards required for those entering the profession and the need for training to include both contentious and non contentious work. The SRA have announced they will be recommending the changes to the SRA board on 21 May and a new version of the Handbook will follow in July. The SRA confirm they are developing a Competence Statement for solicitors and a new approach to continuing competence. I suggest that is the standard must be the essential starting point. If an expression of what competencies are necessary at the point of entry to the profession is agreed and established, then it will be a lot easier to decide what education is appropriate and after entry what continuing training is relevant. Michael Garson April 2014
*
Anthelme Brillat-Savarin wrote, in Physiologie du Gout, ou Meditations de Gastronomie Transcendante, 1826.
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professional issues
Time is of the essence Royal Mail’s aim to deliver 93% of First Class post by the next working day is not quick enough... at least for some. Advances in mobile technology have increased the speed at which we communicate and people are reluctant to allow the requirement to sign a hard copy of a document to slow them down. Welcome the electronic signature. An electronic signature, or e-signature, is defined as anything in electronic form which is incorporated into or logically associated with an electronic communication and which purports to be used for the purposes of establishing the communication’s authenticity or integrity. Common examples are: • •
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Tick boxes – accepting, for example, the terms and conditions of an online retailer; Scanned signatures – a wet ink signature which is scanned and converted into digital format; and Digital signatures – created using an electronic pen and pad.
The Electronic Communications Act 2000 (in force since July 2000) provides that electronic signatures and related certificates are admissible in evidence in legal proceedings in respect of any question regarding the authenticity or integrity of an electronic communication. What does this mean in practice? The Law Commission published an advice paper to the government in 2001. The Law Commission’s view was that changes are not necessary in relation to statutes requiring signatures, as the test for whether signature requirements are met is whether the conduct of the would-be signatory indicates an authenticating intention to a reasonable person. To create a simple contract there must be offer, acceptance and an intention to create legal relations by the parties. The result of failing to
satisfy these requirements is a contract that is not valid between the parties. It is therefore acceptable for an electronic signature to satisfy the requirement that a person must “sign” a document. Although possibly avoided in property transactions, it seems very likely that the demand for this method will increase as technology continues to develop. The above option should be distinguished from deeds and those documents requiring registration at the Land Registry. A transfer or creation of an interest in land must be made by deed. In addition, in order to comply with the Law of Property (Miscellaneous Provisions) Act 1989, a contract for the disposition of land must be: in writing; signed by or on behalf of each party; and incorporate all the terms that have been expressly agreed.
Sean Logan is a solicitor in the commercial property department of Hart Brown. He trained in Cheltenham before moving to Guildford to join the commercial property team in 2011. www.hartbrown.co.uk
At present, it is unclear whether a deed can be validly executed using an electronic signature and as a result solicitors will continue to err on the side of caution. Additionally, the Land Registry does not currently accept documents (be that contracts or deeds) electronically signed and these must continue, therefore, to be made in hard copy and signed by way of a wet ink signature. It seems this is another example of legislation having to catch up with the technology available. However, with the time and cost benefits available from going paperless – and the Land Registry’s aim to create an electronic conveyancing system – it may not be too long before the humble pen is gathering dust at the back of the desk draw.
“It’s clear that electronic communications have affected and will continue to affect the use of the post. However, long-established practices mean that the legal sector, in particular, continues to be reliant on efficient postal services. Lawyers and their clients continue to be unsure of the legal validity of electronic communications and concerned about the information security and their data protection obligations. For this reason, DX has been developing electronic products that will help the legal profession use electronic communications both efficiently and securely, whilst providing the peace of mind they’re used to from physical postal services.” James Timberlake, Director at DX
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The Bill of Middlesex
professional issues
Confidentially Speaking! Here is the scenario. A senior employee hands in his or her resignation. During their tenure of employment they had access to commercially sensitive information. Understandably, in the contract of employment and or staff handbook are the familiar confidentiality clauses preventing employees or ex-employees from utilising such information in such a manner that could be commercially harmful to the employer. An employee working solely on the firm’s computer without any access Internet and, therefore, email access and no option to save data on a removable disk, USB etc., ought to raise little or no concern. However, it is doubtful that any firm, even with the most outdated ICT (information and communications technology) conceivable is likely to have such a technological dinosaur on its premises let alone functional. So, what rights do employers have when they suspect that employees (usually only an issue when employees are about to leave or become ex-employees) have commercially sensitive information on their ‘personal’ computers – either because firms know the (ex) employees worked on their personal computers/tablets etc.
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and/or are aware that they emailed work to a non-work email account? Well, in Warm Zones v Thurley & Buckley [2014] EWHC 988 (QB), an application for interim relief, amongst other things, to inspect the ‘personal’ computers of two former employees of a not-forprofit organisation (the employer) on the grounds of alleged unauthorised use or disclosure by employer’s customer database and information contained within that database, said to be proprietary confidential information belonging to the employer, was granted. Both contracts of employment had confidentiality clauses, amongst other things, not to use or disclose to any person either during or at any time after their employment with the employer any confidential information about the business etc. Based allegedly on information received by it, the employer suspected that the two had, amongst others implied by law, breached the confidentiality clause whilst their employment subsisted. Due to the nature of the application, the evidence had not been tested.
However, the court held that so far as the balance of convenience was concerned, damages were rarely an adequate remedy in cases of this kind, and this case was no exception. In consequence, it was satisfied that the least risk of injustice was to make the order sought by the (ex) employer. In conclusion, it is common, if not absolutely essential, that terms of confidentiality are expressed in contracts of employment. However, due to the technological age we now live in, it may soon be common to see express terms in contracts allowing employers to inspect certain employees’ personal computers, if only to safeguard the position of avoiding future costly and time-consuming applications (usually after some commercial damage has allegedly been done). Watch this space!
Ryan Clement is a practising barrister at Conference Chambers www.conferencechambers.com
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professional issues
Compliance Corner Here are some topics that will be discusses at our next seminar.
IT In March the SRA issued a further update to its Risk Outlook - the first report was last July. It has now issued a number of regular updates focusing on specific areas which may risk a potential headache not just for the SRA but for all businesses. This particularly applies to the risks arising from increased use of digital information and reliance upon IT systems. The specific confidentiality duties of solicitors around security of information means that firms are particularly vulnerable to cyber attack or the loss of data where it is held digitally. Where firms hold data on servers in their office there are risks and a different set of risks arises where the data is held offsite or ‘in the cloud’. It is not a choice between risk and no risk but a question of degree and care is needed. If the decision turns out to be a bad one then the consequences under OFR may be that no sanction will be applied where proper risk management has been adopted. Unsurprisingly, there is a particular focus on adequate systems and controls over the transfer of money; it is reported to be a contributing factor in many different types of fraud. This has been highlighted in recent conveyancing cases where money has been transferred to a bogus firm or misappropriated by staff inside a firm or those closely associated with it.
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Online banking transactions take place silently and without as much visibility as the traditional exchange of a bankers draft. It is not so much that the cheque or banker’s draft system was not open to abuse but that a different type of risk to which many are not accustomed offers opportunists the chance to cash in when preparation and procures are lacking. The SRA say they have a number of ongoing serious money-laundering cases involving law firms and see the risk is both serious and increasing. A Practice Note will soon be published dealing with file closure. This is particularly important, not just in the event of a firm closing where it decides to merge or there is a change of personnel and business development in an unconnected new direction.
PII The annual survey of solicitors’ experience in the professional indemnity insurance renewal showed that the renewal was particularly difficult for smaller firms, and that rated insurers had increased their share of the market to 22% of all firms. Cost remains the most important factor in decision-making despite the plain risk that an insurer can get into difficulties. There are current examples where firms were covered by Lemma and Balva who have left the market. Where claims have arisen for those who insured with Quinn they so far been dealt with but that is less likely to be the outcome with the more recent examples.
The Bill of Middlesex
professional issues
Almost one in 20 firms, 5% of firms, mostly small firms entered the extended indemnity period and a fifth of those then entered the cessation period of 60 days. Of the original 153 firms that entered into the EIP it is believed that about 30 did not have cover by the end of December. In January SRA published a list of 136 firms that did not have indemnity insurance and position at 1 October –though many of them did obtain cover later or had closed for other reasons.
Rating The SRA has consulted about introducing a ‘financial rating’ for qualifying insurers. The Law Society response which I firmly supported at the Regulatory Affairs Board was to oppose this. There is no guarantee that a rated insurer will remain solvent and tinkering with just one aspect of the professional indemnity insurance contract is not going to provide a solution. On the contrary it may very well make the position much worse as if the currently unrated insurers are unable or unwilling to become rated then the capacity in the market will be reduced –and cost will inevitably rise. Cost increase is almost bound to follow in any event if magically the unrated insurers achieve ratings to remain in the market.
It immediately raises the key question where a young solicitor may wish to develop skills in a certain direction and the employer may not be cooperative or encouraging either in terms of financial support or time away from work. Once again the SRA give assurances that the removal of a strict hours requirement would not be lowering standards. Another option would be to maintain the mandatory requirement to undertake CPD rather than abolish it and address some of the weaknesses of the current approach. Instead of requiring a minimum number of hours there would be requirements to identify training needs, have a training plan and evaluate training at least on an annual basis. A personal development plan would certainly be a step along the way to towards the SRA preferred option, but would be prescriptive about how work should be planned recorded and recorded. The SRA feels that they would no longer have the administrative burden under this option for dealing with the reporting of compliance with CPD on an annual basis and will also cease to authorise CPD providers.
Handbook Despite that, there have been a number of improvements that should be now reducing premiums in what is generally a soft market; the removal of the cost of the ARP and of the single renewal date bottleneck and changes to the minimum terms and conditions to omit cover for litigation costs. All of these should enable insurers to provide cover at a more competitive price we shall see.
Version 9 of the Handbook was issued on 1 April 2014. The change with widest impact will be the changes to the SRA Financial Services (Scope) Rules 2001. The regulation of consumer credit activities has been transferred from the OFT to the Financial Conduct Authority (FCA) and this has ended the profession’s group licence which does not at present seem likely to be replaced. The transfer of regulation from the Office of Fair Trading to the FCA took effect on 1 April 2014.
Training for Tomorrow In Training for Tomorrow SRA announced their intention to replace the mandatory continuing professional development (CPD) scheme with a new approach. They have consulted on a broader framework to ensure the continuing competence of the legal services delivered by the entities they regulate. There were three options on offer. The third is closest to the current approach which is criticised as being largely a tick box exercise driven by deadline dates. This is not favoured by the SRA who wish to focus on the ‘quality or appropriateness of the professional development undertaken’ So the preferred option is a shift from procedural compliance to Competence with the objective to provide public confidence and enable practitioners to deliver competent legal services. Consistent with its OFR approach the SRA intend to dispense with the prescriptive requirements of undertaking CPD and rely instead on the Handbook provisions that require regulated bodies and individuals to deliver competent services and train and supervise staff. it will be for individuals as well as their employers to decide how the outcomes are to be achieved. The SRA say they will provide non-mandatory guidance as to the planning and implementation and setting objectives and for necessary reflection. Under the main proposal there would be no strict number of CPD hours to be undertaken and in theory each solicitor would tailor a plan to their personal needs - or more likely the firm’s requirements. The resulting tension will be whether the CPD would best suit the employer’s need or that of the individual.
The Bill of Middlesex
Unless work comes within the exemption under Part 20 of the Financial Services and Markets Act 2000 firms now need a separate licence from the FCA in order to carry on consumer credit activities. Carrying on activity which is incidental to legal work has exemption from the regulations but there are doubts around ’pre-action’ work as distinct from litigation itself in debt collection and situations involving extension of credit arrangements. These may be deemed to be an extension of credit and the FCA has been slow to clarify in this area. The SRA issued initial guidance that has now been updated. There will clearly be further developments in this area and the SRA have written to the Treasury to request further urgent clarification. Under the Red Tape initiative proposals are invited about the intention to amend the SRA Account Rules 2011 where practitioners are unable to return client money and are left with residual client account balances of up to £500. In June the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 No. 3134 will replace the Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. It is to be anticipated that these regulations will impact on much private client on solicitor private client contracts and areas for overlap with the existing regulation are being researched so that a Practice Note can be produced in good time enabling members to update their terms of business and retainer letter.
Michael Garson April 2014
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film
FILM and the LAW No: 23 When the Law’s loss is Cinema’s gain Success has many fathers, whilst failure is an orphan -
Proverb
By Vincent McGrath vmfilmnite@googlemail.com 020 8579 5330 07877 551442
Humphrey Bogart as Marlowe in The Big Sleep (1943)
Leigh Bracket - screenwriter of The Big Sleep & The Long Goodbye
Some of you may have reached the stage in your life when you find yourself deliberating as to whether you made the right career choice all those years ago. You may be wishing you had listened more closely to your agent on Sunset Boulevard, when he told you that maybe, just maybe, two more years would do it. Two more years for you to become an A-Lister. Two more years and you could be shut of all those walk-on parts, to say nothing of those resting periods. But no. You wanted to come back to Old Blighty to do something useful with your life. Oh how you found it demeaning. Reading lines written by someone else, for the satisfaction of another. What kind of profession is that? You used to snarl, after your tenth Scotch on the rocks. I don’t want to be a pretend lawyer on the silver screen. I want to be a real lawyer getting real satisfaction in a real court, as I win my cases hands down. Next time that old black dog sits on your shoulder, spare a thought for a young man who in 1910 had set his mind on becoming a barrister, but instead had to settle on being a pulp fiction writer. Sadly, his Irish uncle could not afford the Bar School fees and so the young man had to set about creating stories that would lead to bit payments from magazines and eventually proper payment for full length novels. Instead of adjusting his wig and gown every morning before addressing an Old Bailey jury, he now has to set himself down in front of an Imperial portable typewriter, with a cigarette dangling from his nicotine stained lips, and a glass of Bourbon at the ready. His sedentary task now, is to create characters that leap out of the page and grab the reader by the throat – not that dissimilar a task to getting the attention of a 12 man jury.
Raymond Chandler: creator of Philip Marlowe
We are of course talking about Raymond Chandler, who by the 1940’s had found his work sufficiently celebrated by the glitterati of Tinsel Town that films were being proposed that featured his legendary hard boiled hero. It is certainly true, Malibu beach had by this time become a tad more comfortable for the failed brief, than Lincoln’s Inn Fields, and certainly not half as stuffy. Chandler’s creation Philip Marlowe, private dick extraordinaire, and king of the mean streets, was by now occupying the attention of film director Howard Harks as he measured up Humphrey Bogart for the gaberdined gumshoe in the definitive noir, The Big Sleep (1943). Complicated though the book was, the film script was proving to be complexity personified. One morning during production, Bogart enquired as to whether the chauffeur had been killed or was it suicide? Hawks had no answer and neither did any of the three screen writers. So Warner Bros telegraphed Chandler who eventually replied “Dammit. I didn’t know either” All of which goes some way to explain why the film doesn’t make much sense, plot-wise. That being said, in the scheme of things, it hardly matters. A question of style over substance perhaps?
Elliot Gould as Marlowe in The Long Goodbye (1973)
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30 years on, and the maverick Robert Altman is scrapping with the producers of the Long Goodbye, who say Elliot Gould is a lush with an alcohol & drug dependency, and would not last the shoot whilst
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film Altman counters Gould is the only class A artist in town who could transpose Marlowe to the 1970’s for the very simple reason he is a lush suffering from altered states. Altman got his way. He also got his way with regard to the screen writer. So impressed was he by the The Big Sleep he argued that only by bringing on board Leigh Bracket, the Big Sleep’s last surviving writer, would he have a referential script with the necessary subtle nuances that would attract a knowing 70’s audience. He needed a writer who ate and drank Marlowe for breakfast. In 1943 when Hawks needed help on the Big Sleep he barked at his secretary to “Get me that Bracket guy”. When the Bracket guy turned up Hawks was a little taken aback to say the least. The guy wasn’t a guy. The guy was a woman. Legend has it that Hawkes was heard muttering. “Well she sure as hell writes like a man”. There is no record of how Leigh Bracket responded to this shameful non-PC utterance, but one thing is certain it was meant as a compliment by the King of Macho. It is useful to compare Hawks’s The Big Sleep (1943) with Altmans’s The Long Goodbye (1973) and the way Bracket softens the character of Marlowe over time. Whilst the opening ten minutes of The Big Sleep features 2 murders and a doped up nymphomaniac the opening 10 minutes of The Long Goodbye has the updated Marlowe looking for his cat’s favourite cat food – Kuray Brand Cat Food. Clearly Altman was curious to know what the hard nosed Marlowe of the 40’s may have morphed into by the advent of the laid back 70’s.
The closing image of Citizen Kane is the burning of the sleigh called RoseBud – a remembrance of the only time in Kane’s life when he was happy – playing in the snow as a young boy with his beloved Rosebud! One wonders what flashed through Chandler’s mind as he passed on to the other side on the 26th March 1959 in San Diego California. Was it his stolen career at the bar, wigs ‘n all, or was it sharing a bourbon with his alter ego Marlowe down on the Strip? We will never know of course but we may get an inkling from another of those memorable lines from The Long Goodbye: “If I was your age Marlowe I’d sure as hell do my darndest to get myself a more dignified form of endeavour.” One suspects that Chandler self-deprecatingly thinks there is only one thing lower than being a private eye and that is writing stories about a private eye – whether they are successful stories or not. And certainly being all dressed up in a wig and gown is definitely perceived through his cigarette haze as being a more dignified form of endeavour than a down at heel gumshoe stalking errant spouses. It’s worth mulling on the thought that If Chandler’s Irish uncle could have afforded to put the young Raymond through Bar School, then would we now be dipping into Tales from the Bar 1915-1955 by Raymond Chandler, Barrister at Law? Perish the thought. How could cinephiles world-wide live without……………
But why a cat? In the old days of the studio system there were producers who would insist on a pet the dog scene. The logic was to enable the audience to work out early on in the film who the goody was on the basis that only a goody would pet a dog, or a cat or a horse…... Geddit? Given that Altman was always at loggerheads with producers it’s not beyond the realms of possibility that both he and Brackett laughed themselves silly over this scene. The Director’s revenge perhaps? One can easily imagine them constantly breaking up with lines such as, “Pet the dog! We gave those sons of bitches pet the dog. Jeeesus! We gave them a whole 10 minutes of pet the dog. And it wasn’t even a dog. Wasn’t even a cat. We had Marlowe running around an all-night supermarket looking for a darned tin of cat food, can you believe? Kury Brand Cat Food! At midnight! For the sonabitch’s darned cat! They won’t be asking me again for a pet the dog scene.”
The Big Sleep, The Long Goodbye and Farewell My Lovely? by Raymond Chandler. Paper Back Writer & Barrister at Law (failed)
There’s no success like failure and failure’s no success at all. Robert Zimmerman
“What do I want with a cat, Mr Marlowe. I got a girl.” Bracket is also to be thanked for some other highly memorable lines such as:“You live here Marlowe? You pay rent for this?” AND (After Marty has smashed a coke bottle into his girlfriend’s face) “Marlowe. This is the girl I love. YOU. I don’t even like” I was reminded of the pet the dog rule by the recent release Inside Llewyn Davis when the hero adopts a homeless cat in a tale that interestingly looks at the fine line between success and failure. Are the Coen Bros waggishly wagging the tail of the producer’s rule or is it that the cat is acting as a metaphor for the hero’s irresponsible and itinerant life style? Not much point in asking Joel or Ethan - the last thing they will do is answer such film class type questions.
Inside Llewyn Davis: Llewyn with his cat
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legacies
CHIP, CHIP, HOORAY! With microchipping set to be made compulsory for all dogs in England in April 2016 – and with an estimated 20% of dogs in the UK still unchipped - demand for the procedure is likely to be significant over the coming year according to Dogs Trust, the UK’s largest dog welfare charity. In 2016, the government will be introducing secondary legislation under the Animal Welfare Act 2006 requiring the microchipping of all dogs. After this time dogs in England that come to the attention of the police or local authorities will be scanned and owners of those found without a microchip given a short period of time to carry out the procedure. If they fail to chip their dog, owners will face a fine of up to £500. To ensure that everyone has easy and free access to a qualified microchipper, Dogs Trust has launched the Microchipping Through Vets Campaign so owners can have their dog microchipped free of charge through vet practices across the country. Visit www.chipmydog.org.uk to find a participating vet in your area. Dogs Trust is extremely grateful to the 1,500 plus practices who have already joined the campaign and hopes that as many as 75% of the 3,075 vet practices in England and Wales will have signed up in the next few weeks.
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The Bill of Middlesex