Legal News AUGUST 2016

THE MAGAZINE OF THE CONFEDERATION OF THE SOUTH WALES LAW SOCIETIES

LEGAL

NEWS

AUGUST 2016

CIVIL LAW REVIEW

BOOK NOW - September 15th 2016 Kindly sponsored by:

•••• BOOK NOW!! •••• Confederation of South Wales Law Societies

CPD & APIL Courses for 2016 (in association with University of South Wales)

Civil Law Review 15th September 2016 APIL (pending) & CPD (6hrs) Chaired by Michael Imperato, Partner, Watkins and Gunn – Member of Law Society Civil Justice Committee Speakers His Honour Judge Anthony Seys-Llewellyn QC, Designated Civil Judge, Cardiff Civil Justice Centre Mark Harvey, Partner, Head of Litigation, Hugh James Anne-Louise Ferguson, Managing Solicitor/Assistant Director NWSSP Legal & Risks Stephen Averill, Managing Director, Phoenix Legal Services, Costs Lawyers Wayne Williams LLB MBA and Tom Horrocks, cpm21 Elen Davies-Kay, Consultant & Head of Cardiff Office, Frenkel Topping Elisabeth Jones, Chief Legal Adviser, Welsh Assembly Simon Cradick, Partner, blmlaw LLP

Other Dates for your Diary Family Law – Resolution Review/Update (6 CPD Hrs) 26th October 2016 Chaired by Sophie Hughes, Partner, Watkins & Gunn

Criminal Law Update 27th October 2016 Chaired by Trudy McBride, Consultant at CJCH Sponsored by

All courses will be held in the Chairman’s Suite, Cardiff City Football Stadium, Leckwith Ample FREE parking Reserve your place(s) now: Members £125.00 Non Members £165.00 (including lunch & refreshments)

BOOKING FORM

Confederation of South Wales Law Societies – 2016 APIL & CPD Courses o Civil Law Update ____ places

o Family - Resolution ____ places

o Criminal Law ____ places

Full Name: ................................................................................................................................................................................................

Firm:..............................................................................................................................................................................................

Tel: .............................................................................................

DX Number: ......................……………….........................................

Email (PLEASE PRINT) ............................................................................................................................................................................

Address: ................................................................................................................................................................................................... ........................................................................................................................................................................................................................... ...........................................................................................................................................................................................................................

Please make cheques payable to “The Confederation of South Wales Law Societies” Note: bookings cannot be accepted without payment.

Return to: Michael Walters, 34 Ty Fry Gardens, Cardiff, CF3 3NQ (DX33029 Cardiff)

2

AUGUST 2016

WWW.CARDIFFLAW.ORG

LEGAL NEWS

CONTENTS Editorial Board Richard Fisher - Editor Michael Walters - Secretary Johnathan Hine David Dixon

Editorial copy to Richard Fisher Charles Crookes 51 The Parade Cardiff CF24 3AB Tel: 029 2049 1271 Fax: 029 2047 1211 DX 33025 Cardiff 1 E-mail rfisher@ccj-law.co.uk

CONFEDERATION OF SOUTH WALES LS

04

PRESIDENT’S REPORT

cardiff & district LS

06

president’s letter

Monmouthshire Incorporated LS

08

Monmouthshire President’s letter

Designed and Produced by PW Media & Publishing Ltd Tel: 01905 723011

IN PICTURES

Managing Editor Dawn Pardoe

09

PIMMS BY THE RIVER

Graphic Design Paul Blyth

Advertising Sales Emma Cox Tel: 01905 727907 Email: emma@pw-media.co.uk

feature

12

Are Your Ready for the 1st November?

Printed By Stephens & George The articles published in Legal News represent the views of the contributor

updates

13

Cardiff and District Law Society AGM

and are not necessarily the official views of the Confederation of South Wales Law Societies, Cardiff & District Law Society, or of the Editorial Board. The magazine or members of the Editorial Board are in no way liable for such opinions. Whilst

CHANCERY LANE

14

THE LATEST FROM CHANCERY LANE

every care has been taken to ensure that the contents of this issue are accurate, we cannot be held responsible for any

membership

inaccuracies or late changes. No article, advertisement or graphic, in whole or in print, may be reproduced without written

15

easygym open day for law society members

permission of the publishers.

LEGAL NEWS

WWW.CARDIFFLAW.ORG

AUGUST 2016

3

CONFEDERATION OF SOUTH WALES LAW SOCIETIES

PRESIDENT’S REPORT AUGUST 2016 With the summer holidays having just started, there are likely to be many occasions where thoughts of something to do are occupying the minds of family members. When struggling for something new, why not consider Pershore - offering an alternative option to the hustle and bustle of city centres. There are plenty of reasons to visit, namely a small market town with plenty of character, offering wonderful surprises when visitors venture off the vibrant high street.

Speaking of which, full of independent shops means it’s likely you’ll find something unique providing a new perspective to retail therapy in this Georgian town. Visiting between Wednesday and Saturday allows you access to the popular Pershore Retail Market with over 30 stalls all under one roof. To spend less time deliberating and more time shopping, visit www.shoppinginpershore.co.uk to give you an overview of the shops and services on offer. The Pershore Chamber of Trade are very proud of the strong independent shops in the town and their new website helps visitors get the most out of their experience.

boardwalk and a vast area to cover, you are sure to be amazed with what you find and it truly is Pershore’s hidden gem.

Although the town turns its back on the River Avon, it is certainly worth exploring. The old bridge picnic site at the lower end of the town truly encapsulates the history and provides some pleasant scenic walking routes.

The summer also coincides with Pershore’s biggest event, the celebration of the town’s most famous fruit. The Pershore Plum Festival is a triple winner of Worcestershire’ Best Festival Event category and will be returning once again this August. The culmination of this event is the Bank Holiday Weekend, with the extremely popular Fayre Day on the Monday.

With over 1000 classic cars, 50 plus exhibitors, a fun zone, farmer’s market, Abbey activities and more…. not forgetting your chance to buy plums…come visit and see just why this event has attracted international attention. If you can’t make the Monday, Saturday and Sunday offers a great day out with heritage & retail and Family Fun being the themes respectively. For more information on the entire festival, please visit www.pershoreplumfestival.org.uk – Remember Think Pershore, Think Purple, Think Plums

Having exhausted the shops, a stop for food and drink is entirely justified with options aplenty. Despite being a small town, visitors will not be disappointed with the range, from takeaways to luxury dining giving you a decision headache. On glorious days, what’s better than visiting one of the beer gardens in the town, sitting on the banks of the River Avon?

If eating in isn’t your thing, there is always the option of enjoying a picnic in the beautiful Abbey Park or riverside locations. With seating and tranquilly, combined with views of the majestic Abbey or River Avon, take time to unwind and appreciate your rural setting.

To burn off your food and drink, take a stroll to Pershore’s best assets – a must visit is the impressive Abbey, set in a Green Flag park, providing a fitting setting for a wonderful piece of architecture. On selected days, tower tours are available giving the opportunity to see the whole town from a completely new perspective.

4

AUGUST 2016

WWW.CARDIFFLAW.ORG

For those who are more comfortable with their feet firmly on the ground, the Abbey Park itself has plenty to entertain all the family with. Complete with children’s play areas, skate park and water fountains, it’s a great attraction for the younger visitors.

LEGAL NEWS

A visit would not be complete without a trip to the riverside to appreciate the Wetland and Local Nature Reserve.

Whether it’s bird or bug spotting, dog walking or duck feeding, see why the town is so very proud of this award winning attraction. With plenty of

Locals are very proud of the town and what is has to offer, so why not come along and judge for yourself.

Try somewhere new this summer, visit Pershore. n Jonathan Hine JonathanH@jacklyndawson.co.uk

LEGAL NEWS

WWW.CARDIFFLAW.ORG

AUGUST 2016

5

CARDIFF AND DISTRICT LAW SOCIETY

PRESIDENT’S LETTER I am honoured to be writing my first President’s Letter having taken over the role of President of Cardiff and District Law Society from David Dixon in May.

I would like to take this opportunity to thank David for his fantastic year as President and for his huge contribution to the Society. David was an excellent President. He was an effective chair of Council Meetings which he did with considerable humour and panache. In addition to chairing the Council meetings, he of course continued to contribute his regular reports from Chancery Lane in his own inimitable style. It was a great year which culminated in a very enjoyable and successful dinner. He will be a hard act to follow.

I would also like to acknowledge and recognise all the hard work of the members of Council who continue to be so generous with their time and commitment to the Society. Thank you. I would in particular like to thank the Members of F&P Committee, those Members of Council with specific portfolios and Richard Fisher and Michael Walters all of whom have contributed so much to the success of the Society over recent years.

It is just over two years since Tom Danter first approached me to become junior vice president and ultimately to take on the position of President of this august body. Time has really flown since that initial contact. I am extremely grateful for the invitation from Council as I have thoroughly enjoyed my re-engagement with the Society so far. I had last been involved with the Society more than 15 years previously, back in the 1990s so this approach was completely unexpected but very welcome.

scheme represented by the platinum membership card. Also the society is far more engaged in the local business community and in representing the interests of its members and the legal profession on important issues affecting us including responding to consultations from Chancery Lane and the Government. I would like to build on this legacy.

So what can be expected from my year in office? I have set myself some ambitious goals. I hasten to add that in setting these goals I recognise the excellent work and contribution made by my predecessors and by Council over the years. I see these as building on the existing successes of the Society. Ultimately the overall aim is to ensure that the Society and our Members continue to thrive in a challenging legal, regulatory and business environment.

The following are my key objectives: • To add to the existing services and benefits we provide to members and ensure that members and our other stake holders receive full value for their investment in the Society • To improve the overall profile of the Society and thereby the profession within the business and wider community. We have had a bad press for some time, being unfairly categorised as “fat-cat” lawyers.

The Society has a key role to play in correcting this impression in the minds of the general public.

My impression is that the Society I re-joined in 2014 is a completely different animal to the Society of the 1990s. There are far more services and benefits available for members now including the excellent discount

• To improve if possible on our already effective communication with our members through greater use of social media, our regular e-newsletters to Members, Legal News and of course our website.

• To improve on the Society’s

6

LEGAL NEWS

AUGUST 2016

WWW.CARDIFFLAW.ORG

financial position and provide greater transparency in relation to our finances generally. The Society is in a reasonably healthy financial position. However, we are working to improve on the financial information available to Council and the wider membership with a view to assisting in the decision making process and with the aim of securing the long term financial sustainability of the Society, • To reach out to and build a stronger relationship with the JLD, who will be the source of future membership for the Society, and • To explore the possibility of establishing a permanent home for the Society. This is my most ambitious objective and I recognise may not be achievable in my year of office. However, I was struck at the recent President’s and Secretaries’ Conference that I attended at Chancery Lane as to how many other local Law Societies had some form of permanent base. I would like our Society to have a similar base but this must not be at the risk of the future financial viability of the Society.

I have plenty of ideas about how we might achieve these objectives and we are already engaged in taking many of these forward. We are developing an exciting programme of events and activities for the Society over the year which will include: Finding out what our members want from the Society through a survey of the membership Building our contacts and profile through: • A Managing Partners’ and Directors’ Lunch. This took

place at the offices of Geldards LLP on 29 June. It was hugely successful with over 30 attendees.

Thanks to Lloyds Bank and Aon who sponsored the lunch and contributed presentations on the current banking and insurance markets for the profession.

• Hosting a reception for local politicians (AMs and MPs) so that we can build a positive relationship with them now for when we need to discuss issues of importance to the profession in the future • Liaising with our colleagues from the other professions in the Cardiff and District business community (such as the accountants, bankers, patent attorneys and surveyors).

I have already been in touch with the President of the South Wales Chartered Accountants who is keen to progress this initiative.

• Developing our contacts with the local media including the Western Mail, Insider Magazine, BBC, ITV and S4C Building on the excellent CPD and training provision already offered by the Society to our Members.

The Society recognises the need to modernise its education and training role (now streamlined to Professional Development) and to reflect the changes being introduced by the SRA. We are in the process of developing a programme which will not just offer traditional legal skills training, but those other skills needed to be an effective lawyer and to run a successful legal practice in the modern legal world. The aim is to assist members with their professional development at all stages and at all levels throughout their legal careers.

Engaging with our younger members and the JLD by, for example:

publicise the fantastic pro-bono work undertaken by the profession within the area generally

• Organising a joint quiz and curry night. I am hoping that this will take place in October.

• Speaking to schools, colleges and the community about pathways to the profession and how to become a

• Setting up a bursary and/or award scheme to be presented at the Annual Dinner • Recognising the achievement of qualifying as a solicitor with a celebratory reception for newly qualifieds • Assisting them with developing their contacts and networking skills • Introducing a mentoring scheme I have already met with the JLD Committee and they are also enthusiastic about developing the relationship further and working with us over the next year or so on these and other initiatives.

Catering for our more active members by: • Arranging a fitness event in conjunction with Eazy Gym. This is likely to take place in early September.

• Setting up a five-a-side football competition and • Organising a golf day Reaching out to the wider community via: • A dedicated CSR commitment. I am delighted that the Society will be supporting two charities for my year in office - Velindre Cancer Care (with whom I have a personal connection through the support they have provided previously to members of my family) and Stay Strong for Ows (which supports Owen Williams following the life changing injury he received whilst playing for Cardiff Blues in Singapore)

solicitor and what it means to be one • Hosting a flagship event for example on Human Rights and the Rule of Law Engaging

with

through pack

our

producing

a

providing

sponsors sponsors

comprehensive

information on what the Society can offer sponsors including information on demographics and organising a reception for our sponsors I would also like to build on our already varied social programme, including the annual dinner and the very popular children’s event at Christmas, with a couple of additional attractive social events over the year including a

Bills of Costs

in to their expertise and experience and a rugby related event in connection with the Lions Tour of New Zealand in 2017.

Schedules and Statements of Costs

Finally, we will continue to engage

Points of Dispute & Replies

with the Law Society of England and Wales and other local societies within the region (through the Confederation of and

South

Wales

participate

Law in

Societies)

consultations

Costs Budgeting Costs Management & Advocacy

issued from Government, the SRA and Chancery Lane on issues of importance to our Members.

I am always open to any ideas and suggestions from the membership to

improve

our

services

and

engagement. Please do not hesitate

In-House Services Competitive Pricing Courier Service available

to contact me at paul.hopkins@ Janet Lavelle

Clare Parnell

proposals or would otherwise like to

Telephone 029 2066 3850

Telephone 029 2066 3852

contribute in any way to the Society.

Email janetlavelle@synergycosts.co.uk

Email clareparnell@synergycosts.co.uk

geldards.com if you have any ideas or

I am expecting a busy year ahead but if we can achieve a fraction of my plans in my year of office then in my and we will have effectively engaged with our Members, stakeholders and the wider Community. I am looking forward to the challenges ahead. n

• Exploring possible schemes to provide assistance for Litigants in Person and to promote and

We are costs professionals – experienced, approachable and committed to providing quality, bespoke services

possible Past President’s event to tap

view the year will have been a success • Setting up an access to justice forum involving the local judiciary and local politicians

Puzzled about costs recovery?

Let us help!

www.synergycosts.co.uk

email: info@synergycosts.co.uk Telephone: 029 2066 5788 Fax: 029 2022 5402 DX 33043 Cardiff 1

Synergy Costs Ltd, Paragon House 13 St Andrews Crescent, Cardiff, CF10 3DB Company No. 9308504

Paul Hopkins paul.hopkins@geldards.com LEGAL NEWS

WWW.CARDIFFLAW.ORG

AUGUST 2016

7

Monmouthshire Incorporated Law Society

President’s letter I hope you have all been enjoying the sunshine that we have been experiencing over the last couple of weeks. We had started to wonder if it would ever stop raining!

Clive Thomas and Eddie Butler

I am delighted to report that the Monmouthshire Law Society Summer Ball, at the Celtic Manor Resort, was a great success. It was a sell out with 260 people there. Our VIP reception outside the golf Club was excellent, and we are very grateful to JLT Professional Indemnity Insurance for their sponsorship. I was also very pleased to welcome our Gold Sponsors - Monmouthshire Building Society, Acorn Legal Recruitment and 9 Park Place who attended the event.

Jonathan Smithers, President of the Law Society of England and Wales gave his last official speech in Wales as President. Our celebrity guest speaker was Eddie Butler, journalist,

Jonathan Stephens and Jonathan Smithers

sports commentator, and former Welsh rugby union player. He gave a really enjoyable speech in his own inimitable style. We also gave special presentation of Monmouthshire Law Society cufflinks to:- Jonathan Smithers to wish him very well in his new position in Australia and thank him for his support and recognise his year in office; Judge Alf Weaver on his retirement; and also to Jonathan Stephens, our Law Society Council Member, to thank him for all of the hard work he continues to do on behalf of the solicitors in his constituency. The evening was rounded off with music from the fantastically talented and versatile Aubrey Parsons, who kept everyone dancing until the early hours.

My nominated charity for the Ball was the Wooden Spoon, the Children’s Charity of Rugby. I sit on their Wales Committee of volunteers and so I see all of the good work that they do first hand. Thanks to the generosity of all those who attended we managed to raise £2500 for the Charity.

We have had great feedback about the Ball. I would like thank, our Treasurer, Sarah Williams-Martin

Judge Alf Weaver

8

AUGUST 2016

WWW.CARDIFFLAW.ORG

LEGAL NEWS

in particular for all the effort she put into organising it and also, our Secretary, Kirsten Tuck for all that she did to ensure it was a success. Sarah greatly appreciated the help that she received this year from Acorn Legal Recruitment in marketing the event.

I would also like to thank all of those who attended for supporting us and making it such a fabulous night.

We ran a seminar last month, in association with the Monmouthshire Mediation Practice and 9 Park Place, called “Mediation Matters” . The seminar focussed on mediation ion in civil (non-family) and commercial cases. It was well attended and

was really topical as mediation is an increasingly good option for our clients to resolve disputes, with rising court fees.

We are planning to have another Partners Forum in September, after the success of the first event. Details will be released soon.

I wish you all a very enjoyable Summer! n Clive Thomas President President of Monmouthshire Incorporated Law Society clive.thomas@watkinsandgunn.co.uk

in pictures

pimms by the river

Synergy Costs

No sunshine... but... a plethora of Pimms, a surfeit of sausages, plentiful puddings and much money raised for Marie Curie Cancer Care.

Congratulations (and thanks) to Phil Griffiths, 30 Park Place, on winning the auction, skilfully manipulated as always by our very own Mike Walters, for a night for two at The Celtic Manor Resort, generously donated by Monmouthshire Law Society, although we weren’t completely sure that some of Phil’s bids were of his own free will and act!! Congratulations also to Paul Davies, Phoenix Legal Services, on winning a meal for 2 at The Bistro, 4 Washington Buildings Penarth, 029 2070 9600, thebistropenarth@gmail.com, kindly donated by The Bistro’s proprietor Cheryl Day. And, of course, tradition was followed by Clive Thomas, Watkins & Gunn, being another winner, for the third year in a row!

Many thanks again to our sponsors, CPM21, Certus IT, Synergy Costs and Wesleyan for Lawyers for their support once again this year, and to new sponsors, Prosperous Recruitment. n

CPM21

Certus IT

Prosperous Recruitment

Kindly sponsored by:

LEGAL NEWS

WWW.CARDIFFLAW.ORG

AUGUST 2016

9

FEATURE

Are you ready for the 1st November?

As we return from our summer holidays (and Crime firms press the submit button on their 2017 Crime Contract tenders) fee earner’s thoughts turn to the question: “Will I have done my 16 CPD hours by 31st October 2016?”

This is the last year that this perennial question will be asked.

This year firms and individual solicitors need to be turning their minds to the SRA changes that become mandatory from 1st November. Many firms have delayed the implementation of the new Competence Statement until it becomes mandatory. They can delay no longer and have to be prepared for the changes.

There remains, it seems, much uncertainty as to what the changes mean.

I am often asked whether this means the end of attending courses. No it does not. Courses will still provide a useful method of learning and development. Taking a few hours away from the distractions of the office, can provide a more productive environment for learning. Also it provides opportunity for the sharing of experience with other practitioners and learning from specialist/expert trainers. Webinars although useful, do not always provide these benefits.

The difference from November is that the courses will not actually carry CPD but I have no doubt that most trainers (including CPM21) will continue to allocate an hours-value to assist firms to make the transition to the new world of Competence.

It is easy to become lost in the language of “competence”. I would suggest that as a starting point, firms should start to implement an “Integrated approach to Learning & Development”. We have already started to work with some of our client firms to help them do this. I do 12

AUGUST 2016

WWW.CARDIFFLAW.ORG

believe that seeking early help from a consultant will bear dividends. Why not give us a call for a no-obligation conversation.

What do I mean by an “Integrated approach to Learning & Development”?

You will need to review and potentially change/improve the following procedures: • Your Job Description/Person Specification drafting • Your Recruitment Procedure • Your Induction Procedure • Your Appraisal Procedure • Your Learning & Development Procedure • Your File Review Procedure There should be links between all of the above and your Strategic Business Plan/Services Plan.

Particularly important will be the way you “do your appraisals”. Appraisals form a key part of your Performance Management Policy/Procedure.

Very often they are done quickly and poorly. They are a once per year event. They are done to tick a box for a LEXCEL or SQM audit.

LEGAL NEWS

Appraisals are a generic name for what I would call a “Performance and Development Review”. They should be taken seriously by the Reviewer and Reviewee. They should be used to jointly identify gaps in skills, knowledge and experience needed to perform the specific role of the reviewee. Is your appraisal system fit for purpose as the Competence scheme becomes mandatory? If not, then give us a call and we will help you design and implement an effective system.

I do not have space in this short article to cover all the policies and procedures listed above. However, one other procedure is worth highlighting.

File Reviews are often “tick box” style. They are completed to assess compliance with a particular Quality Standard, typically LEXCEL or SQM. They often achieve that purpose.

However, file reviews rarely consider the substantive legal issues on the file and how competently and efficiently the fee earner has dealt with those issues. The file review process should be considering whether any learning and development is needed by the fee earners. In my experience, it rarely, if ever, does. It leaves the firm exposed to risk from the Peer Review audit on

legal aid files (the LAA is now very active again on Peer Reviews) and now will leave the firm exposed under the SRA Competence Statement.

Finally, it should be remembered that although the 3 elements of the SRA Competence Statement (the Statement itself, the Statement of Legal Knowledge, and the Threshold Standard) are designed around solicitors, the SRA has made it very clear that Solicitors firms must ensure that ALL staff are competent to perform their role. For example, your COFA must be up-to-date with the SRA Accounts Rules, your receptionist must be trained to treat people sensitively without breaching the Equality Act 2010 and LAA contract requirements.

Are you ready? If not, act now! The 1st November 2016 deadline is approaching. n Wayne Williams LLB MBA cpm21

UPDATES

Cardiff and District Law Society Annual General Meeting

LAND TRANSACTION TAX From April 2018, The Welsh Revenue Authority will have the responsibility to collect and manage Land Transaction Tax (LTT), the tax that will replace Stamp Duty Land Tax (SDLT) in Wales.

A lot of work has been undertaken to map the current Stamp Duty Land Tax (SDLT) processes with HMRC. This has enabled the Welsh Government to better understand the complexities in the collection of this tax and also to identify the potential areas for improvement.

The Welsh Government wishes to engage with legal practises about the current SDLT process and have a conversation about the way the process currently operates within your organisation/practice. This will include (but is not limited to): SDLT forms content, questions and layout, customer contact methods, SDLT return input methods and payment options. Ideally meetings would take place at your premises to observe the current SDLT process in real

time; alternatively you may find a telephone conversation would be more appropriate. It is important that a broad range of perspectives are represented, capturing user experiences of administering, paying and submitting SDLT returns. This will help inform the Welsh Government’s approach to administration processes for LTT. If you would be interested in taking part, please email the Welsh Treasury (FinancialReformMailbox@Wales.GSI. Gov.UK), including your job title and if applicable any specific areas of interest you may have in the administration of SDLT. If you have a colleague who you think would be more appropriate to participate, then please feel free to forward this email on to them. n Trudi King Yr Is-adran Polisi Trethi a Deddfwriaeth - Tax Policy and Legislation Division

Sarah Grace, Paul Hopkins and Rachelle Sellek

The Society’s 131st Annual General Meeting was held on 16th May 2016.

The following offers were elected:

Assistant Hon. Secretary: (Regulatory) Hugh Price

President: Paul Hopkins

Assistant Hon. Secretary: (Website) Clive Thomas

Senior Vice President: Rachelle Sellek

Assistant Hon. Secretary: (Diversity and Equality) Delyth Williams

Junior Vice President: Sarah Grace Treasurer: Jan Lavelle

Assistant Hon. Secretary: (Professional Development Officer) Thomas A. Danter

Hon. Secretary/Social Secretary: Richard Fisher Assistant Hon. Secretary: (Membership) Kevin Greer

Michael Imperato, Rachel Harfield and Jan Tillyard retired by rotation and were re-elected as Council Members.

Stephen Roberts and Shaun Jamieson were elected as Council Members.

Assistant Hon. Secretary: (Legal Aid) Trudy McBride

Mark Rhys Jones, Juliet Franklin and Claire Godsell retired as Council Members. n

LEGAL NEWS

WWW.CARDIFFLAW.ORG

AUGUST 2016

13

CHANCERY LANE

CHANCERY LANE NEWS What a turbulent time we’ve had! Although the change of leadership of the Law Society was expected and went as planned, it coincided with a change of prime minister and widespread changes to the cabinet which were wholly unexpected.

Robert Bourns is the new president of the Law Society. Robert knows South Wales well as he is from Bristol and an alumnus of Cardiff University. He is a regular visitor and he came to the Annual Dinner in April and spoke at the Law Society’s Wales Summer Reception in June. I rate Robert very highly, as all council members do. He chaired the May council meeting skilfully and fairly and his unflappable, fair, thoughtful and measured approach to people and to issues should be a great benefit to the profession as it faces uncertain economic and regulatory futures.

His leadership team of Joe Egan (the vice president) and Christina Blacklaws (the deputy vice president) will provide complementary skills and qualities as they support him. The Law Society is in good hands. Let’s hope the government is, too!

No-one knows how Liz Truss, the new Lord Chancellor, will approach her role. She is an accountant and the first woman to be appointed to the office. Much has been made of the fact that she is the third consecutive Lord Chancellor who is not a lawyer. I don’t think that is significant. Although Chris Grayling, the first non-lawyer to become Lord Chancellor for over 400 years was a disaster, his successor, Michael Gove, was generally believed to have been good at his job. His relations with the leaders of the legal professions were good and he abandoned Grayling’s disastrous proposals for criminal legal aid contracts. But his record was not flawless: the Court of Appeal has held that he strayed outside the scope of his powers when he attempted to use subordinate legislation to introduce a residence test for those otherwise 14

AUGUST 2016

WWW.CARDIFFLAW.ORG

which has implications.

eligible for civil legal aid. Further, his Machiavellian behaviour in relation to the leadership of the Conservative party leads one to conclude that he is not a man to be trusted. But those two men are now history. The jury is out where Liz Truss is concerned.

The jury’s interest will be engaged, however, as we see what the new criminal legal aid contracts have to offer. The Law Society is holding a number of criminal legal aid roadshows throughout the country to discuss these. The Cardiff meeting takes place on 28 June at Capital Tower.

One important decision which Council makes at its July meeting is to set the level of the Net Funding Requirement (NFR) - effectively, the amount to be recovered from the profession to pat for the SRA and the Law Society and the profession’s contributions to the LEGAL NEWS

Legal Ombudsman and the Legal Services Board. Council agreed to set the Practising Certificate fee for individuals at £290, £30 lower than in 2015-16. Overall levels of fees paid by law firms have also reduced.

The SRA is currently consulting on its proposed new handbook. Cardiff and District law society is responding to the consultation, which ends on 21 September. I urge all you to read what the SRA is proposing and to respond if you don’t like it. The proposals raise significant issues about the protection of buyers of legal services as solicitors employed by unregulated entities who provide advice to the public may not be able to provide advice that is legally privileged, will not be subject to the same conflict rules and will not be required to have Professional Indemnity Insurance or be able to hold client monies. This risks creating a ‘two-tier’ profession

potentially

serious

New appointments have been made to the Law Society’s law reform committees. The new members will take up their places in September.

I am delighted that many more committees contain representation from Wales than before. The Welsh committee members that I am aware of (and I apologise if I have missed out anyone) are Scott Bowen (Access to Justice), Jason Tucker (Children Law Sub-committee), Michael Imperato (Civil Justice and also Human Rights), Nick Parker (Civil Justice), Janine Townsley (Conveyancing and Land Law), Heather Iqbal-Rayner and Janem Jones (Council Membership) Roseanne Russell (Employment Law), Pedro Telles (European Union Law), Rhiannon Price and Jamie Saunders (Housing Law), Meinir Evans and Lucy Series (Mental Health and Disability Law), Timothy Morgan (Planning and Environmental Law), Lorraine Robinson (Wills and Equity) and the members of the Wales committee: Andrew Cross, Mark Davies, Michael Draper, Manon George, Mair Hickman, Peter Jones, Richard Owen, Clive Thomas and Huw Williams as well as the five council members, who are Mark Evans (Chester and North Wales), Carolyn Kirby (Mid and West Wales), Patricia Beeching (the Welsh Marches), Jonathan Stephens (West Country and Gwent) and me (South Wales). I remain a member of the education and training committee and the constitutional law reference group.

Have a happy and relaxing summer. n David Dixon Twitter: @saldixie

MEMBERSHIP

easygym open day for law society members Cardiff & District Law Society has arranged a special OPEN DAY at easyGym Cardiff for members of the Society on 12th September 2016 when members will have free access to the club on production of a valid membership card, to either use the gym and its equipment or try a “PACK workout”.

easyGym Cardiff is located in the Capitol Shopping Centre, Queen Street and offers 5 huge fitness zones including a gigantic strength area, a functional zone kitted with all the latest fitness toys, plus a huge range of cables, cardio and resistance machines! They also offer world renowned classes such as Les Mills Body Pump and INSANITY. easyGym Cardiff also offers free

group Personal Training in the form of their PACK workouts. Mastered through science, the PACK workouts are designed to be adaptable for each member’s fitness level – so whether you need to tone it down or crank it up – your workout will be personal. Adding a Personal Trainer to your workout will not only be a game-changer, but a life-changer!

They will challenge and propel you to get into the best shape of your life, all within 30 minutes!

Membership of the club is value for money at just £18.99 per month with no contract and a joining fee of £25 However, easyGym has kindly agreed to waive the joining fee for any member of the Society wishing to sign up to the club.

Ask easyGym Cardiff how they differ from other gyms in the area and they will say that although they are low cost, they are certainly not budget – the type and range of equipment they

offer is far superior to other low cost gyms, which benefits everyone from gym novices to gym bunnies and even professional athletes.

Watch a virtual tour and find out more information at www.easygym.co.uk. n