<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" media="screen" href="/~d/styles/atom10full.xsl"?><?xml-stylesheet type="text/css" media="screen" href="http://feeds.feedburner.com/~d/styles/itemcontent.css"?><feed xmlns="http://www.w3.org/2005/Atom" xmlns:feedburner="http://rssnamespace.org/feedburner/ext/1.0">
    <title>LDP - The Legal Week</title>
    <link rel="alternate" type="text/html" href="http://www.thelegalweek.merseyblogs.co.uk/" />
    
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2008-12-02://729</id>
    <updated>2009-11-06T11:33:56Z</updated>
    <subtitle>Aimed at legal professionals, The Legal Week is the Liverpool Daily Post’s essential news and information resource for the region</subtitle>
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type Enterprise 4.21-en</generator>

<link rel="self" href="http://feeds.feedburner.com/TheLegalWeek" type="application/atom+xml" /><atom10:link xmlns:atom10="http://www.w3.org/2005/Atom" rel="hub" href="http://pubsubhubbub.appspot.com" /><entry>
    <title>BLOG: Rachel Donovan says errors in child birth make up half the negligence claims against the NHS</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/JlBkMk8AA3g/blog-rachel-donovan-says-error.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.178797</id>

    <published>2009-11-06T11:21:57Z</published>
    <updated>2009-11-06T11:33:56Z</updated>

    <summary> NEW FIGURES from the NHS Litigation Authority show that pay-outs made in clinical negligence cases rose to £807m in 2008/2009. The amount paid out was up around 20% on 2007/2008 when £661m was paid in compensation and solicitors' fees....</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Rachel Donovan" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="johnpickeringpartners" label="john pickering &amp; partners" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="litigation" label="litigation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicalnegligence" label="medical negligence" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="nhs" label="nhs" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="racheldonovan" label="rachel donovan" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="RachelDonovan.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/RachelDonovan.jpg" width="105" height="152" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>NEW FIGURES from the <a href="http://www.nhsla.com/">NHS Litigation Authority</a> show that pay-outs made in clinical negligence cases rose to £807m in 2008/2009. </p>

<p>The amount paid out was up around 20% on 2007/2008 when £661m was paid in compensation and solicitors' fees.</p>

<p>Last year, legal fees accounted for £143m of the £807m paid out.</p>]]>
        <![CDATA[<p>The annual report claims that the number of claims made against the NHS rose by 11% last year.</p>

<p>Half of all clinical negligence claims involve maternity treatment according to the new figures. Errors during birth can lead to lifelong disabilities and payouts affect the amount of care needed by victims of NHS maternity failures.</p>

<p>I do a lot of work against maternity hospitals and only a small percentage of that work relates to brain injuries sustained following birth.</p>

<p>I find a lot of my work relates to mistakes caused by human carelessness.</p>

<p>By this, I mean incorrectly stitching tears and Caesarean wounds, leaving stitches and other materials, such as swabs inside and also failure to perform correct examinations or ignore obvious symptoms either the mother or baby may be exhibiting.</p>

<p>I was recently instructed by a client in relation to the birth of her son in 2005.</p>

<p>In pursuing the claim, I obtained the mother's medical records from a local maternity hospital which included the delivery note.</p>

<p>Following the birth, my client sustained a large tear and following this, a clinical incident form was completed.  </p>

<p>I was concerned to note that the doctor performing the delivery blamed the tear on blunt scissors and, in fact, the doctor made a note that he had to use blunt scissors again and how this was a persistent issue within this trust.</p>

<p>It would seem from the contents of the clinical incident report form that the reviewing doctors were insinuating that this was a recurring problem which they had raised before and unfortunately had not been dealt with causing my client to sustain a serious injury during childbirth.</p>

<p>In February 2009, the NHS Litigation Authority predicted that premiums paid in clinical negligence cases would double next year and as a result of concerns that litigation costs are eating into valuable NHS funds, <a href="http://en.wikipedia.org/wiki/Rupert_Jackson">Lord Justice Jackson </a>is currently reviewing the system.  He will look at whether civil litigation fees are proportionate and the review results are set to be revealed later in 2009.</p>

<p>I do believe that the Government's inaction on clinical negligence legislation is not helping to reduce the cost of clinical negligence claims.   </p>

<p>The Government have again failed to implement legislation intended to aid victims of NHS negligence and according to <a href="http://www.independent.co.uk">The Independent</a>, the Department of Health has failed to produce the necessary secondary legislation to make the 2006 NHS Redress Act operational, while the Welsh and Scottish authorities have both set up plans to set up similar schemes.</p>

<p>Based on recommendations made by the Chief Medical Officer in 2003, the Act would largely eliminate the need for lawyers for claims under £20,000.  It is designed to provide investigations, remedial treatment, rehabilitation and care for patients, as well as financial compensation in certain circumstances.</p>

<p>* <strong>Rachel </strong>is head of clinical negligence at <a href="http://www.johnpickering.co.uk">John Pickering & Partners</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/11/blog-rachel-donovan-says-error.html</feedburner:origLink></entry>

<entry>
    <title>Weightmans release half year results</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/cjQVLiwOvYw/weightmans-release-half-year-r.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.178793</id>

    <published>2009-11-06T11:02:14Z</published>
    <updated>2009-11-06T11:17:59Z</updated>

    <summary> WEIGHTMANS, which has offices in Liverpool's India Building, today release their half year results. In a statement, the firm said: "With half year results up by over 5%, Weightmans remains on target to improve on last years' £52 million...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="patrickgaul" label="patrick gaul" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="weightmans" label="weightmans" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Patrick Gaul.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Patrick%20Gaul.jpg" width="105" height="136" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p><a href="http://www.weightmans.com/default.aspx">WEIGHTMANS</a>, which has offices in Liverpool's India Building, today release their half year results.</p>

<p>In a statement, the firm said: "With half year results up by over 5%, Weightmans remains on target to improve on last years' £52 million turnover.</p>

<p>"After reaching £25.2m from May 1 to October 31, 2009, Weightmans is ahead of last year's H1 of £23.9m and managing partner, Patrick Gaul is optimistic that the firm can achieve its annual fee income target of £57m."</p>]]>
        <![CDATA[<p>Mr Gaul added: "Considering the challenges of the past 18 months, this is a pleasing result. </p>

<p>"We have continued to work hard and invest in our business which grows and improves in all aspects and areas. </p>

<p>"Despite difficult market conditions, all of the firm's three business lines; Commercial, Insurance and Public Sector have performed well".</p>

<p>This year, Weightmans also secured its highest ever rankings in both the <a href="http://www.legal500.com/c/north-west">Legal 500 Guide</a> and <a href="http://www.centaur2.co.uk/emags/thelawyer/Uk200_2009/">The Lawyer's UK 200.</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/11/weightmans-release-half-year-r.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: After the Guardian and Carter Ruck's showdown, Philip Gray writes on how the internet is catching up with injunctions</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/4EvWAFNPhTQ/blog-philip-gray-on-how-the-in.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.171540</id>

    <published>2009-10-14T11:34:39Z</published>
    <updated>2009-10-14T14:43:51Z</updated>

    <summary> THIS story caught my eye yesterday and from a libel lawyer's point of view it is a very interesting case in view of the role played by Twitter. In my opinion, it is the impact of Twitter and that...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Philip Gray" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="carterruck" label="carter ruck" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="guardian" label="guardian" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="injunctions" label="injunctions" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="jonbloor" label="jon bloor" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="kirwanssolicitors" label="Kirwans Solicitors" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medialaw" label="media law" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="philipgray" label="philip gray" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Philip Gray.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Philip%20Gray.jpg" width="105" height="117" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p><a href="http://www.thelegalweek.merseyblogs.co.uk/2009/10/blog-jon-bloor-on-the-guardian.html">THIS</a> story caught my eye yesterday and from a libel lawyer's point of view it is a very interesting case in view of the role played by <a href="http://www.twitter.com">Twitter</a>.</p>

<p>In my opinion, it is the impact of Twitter and that of blogs and other social media which is of real note here as it unquestionably changed the nature of the case.</p>

<p><a href="http://www.thelegalweek.merseyblogs.co.uk/jon_bloor.xml">Jon</a> asks whether we have we reached a stage where technology has overtaken the legal process?</p>]]>
        <![CDATA[<p>I think there is that possibility, if only at present, in relation to the law on injunctions on the media (otherwise known as "gagging orders"), which are granted by the courts to prevent the publication of a story within the UK.  </p>

<p>The number and readership of websites and transnational news feeds is now huge and gives the judiciary new questions to consider when deciding whether to grant an injunction.</p>

<p>Injunctions are awarded at the discretion of the courts.  One of the main factors considered is whether an injunction, if awarded, will actually achieve its aim.</p>

<p>This is summed up by the principle that the courts will not grant an injunction in vain i.e. where the injunction would have no practical affect.  </p>

<p>It will be very interesting to see how the courts deal with applications for injunctions in the future particularly where the issues involved are of global reporting interest and potentially out of reach of our courts.</p>

<p>* Philip Gray is a solicitor with <a href="http://www.kirwanssolicitors.co.uk/">Kirwans</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/10/blog-philip-gray-on-how-the-in.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Jon Bloor on the Guardian's gagging order and Twitter</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/iqnCuTMTCC4/blog-jon-bloor-on-the-guardian.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.171399</id>

    <published>2009-10-13T16:01:32Z</published>
    <updated>2009-10-13T16:17:59Z</updated>

    <summary> THOSE who have read my LDPLegal blog posts will have realised that I am a fan of Twitter. At around 10pm on 12 October a strange message was Tweeted by a couple of lawyers whom I follow on Twitter:-...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Jon Bloor" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="carterruck" label="carter ruck" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="guardian" label="guardian" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="jonbloor" label="jon bloor" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="leessolicitors" label="lees solicitors" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="parliament" label="parliament" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="twitter" label="twitter" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Jon Bloor.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Jon%20Bloor.jpg" width="105" height="111" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>THOSE who have read my LDPLegal blog posts will have realised that I am a fan of <a href="http://www.twitter.com">Twitter</a>.</p>

<p>At around 10pm on 12 October a strange message was Tweeted by a couple of lawyers whom I follow on Twitter:- </p>

<p>"EXTRAORDINARY...Guardian gagged from reporting on Parliament please RT <a href="http://bit.ly/3dMoUE">http://bit.ly/3dMoUE</a>."</p>]]>
        <![CDATA[<p>The link was to a Guardian website article stating that the newspaper had prevented from reporting parliamentary proceedings on legal grounds and that all they could report was the name of the solicitors who had obtained the order for their clients, Messrs. Carter Ruck.</p>

<p>Within minutes the original message was being forwarded (or "retweeted") by several other people to their Twitter followers.</p>

<p>Evidently a number of civil rights lawyers use Twitter, and were determined to get to the bottom of the mysterious gagging order.</p>

<p>The right to report the proceedings of parliament has been enshrined in law since the passing of the Bill of Rights in 1689. The principle has been reiterated over the years (including by Lord Denning in the Blackburn v DPP case in 1971). This seemed like a huge derogation from this fundamental principle and sparked a huge debate on Twitter.</p>

<p>Within 30 minutes the next installment came through with the Tweet:- </p>

<p>"CarterRuck solicitors gagged the Guardian but you can get the missing info here..." with a link attached.</p>

<p>This link was to the official parliament website, listing the questions for oral or written answer beginning on Tuesday 13 October 2009. Highlighted was a question to be asked by Paul Farrelly, MP for Newcastle-under-Lyme:-</p>

<p>"Paul Farrelly (Newcastle-under-Lyme): To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii) Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura."</p>

<p>Various links to the previous BBC coverage of the alleged dumping incident quickly followed together with a raft of speculation and comment.</p>

<p>By Tuesday morning the "trending topics" on Twitter were littered with references to the gagging order and Trafigura - although no official confirmation was available that this was in fact the subject of the gagging order.</p>

<p><a href="http://www.guardian.co.uk">The Guardian</a> website and the Twitter feed of its editor, <a href="http://www.twitter.com/arusbridger">Alan Rusbridger</a>, then reported that the Guardian had fixed a time for a High Court hearing at 2pm to challenge the assertion by Trafigura's lawyers that reporting parliamentary proceedings in the case could constitute contempt of court.</p>

<p>The overwhelming publicity had obviously taken its toll though and at around 1pm Mr Rusbridger tweeted:</p>

<p>"Victory! #CarterRuck caves-in. No #Guardian court hearing. Media can now report Paul Farrelly's PQ about #Trafigura. More soon on Guardian"</p>

<p>Within a couple of minutes the whole story was featured prominently on the Guardian website.</p>

<p>I'm sure that there will be plenty of comment by lawyers about the legal issues raised by the case. This isn't my area of law so I don't consider myself qualified to comment, and in any event this kind of analysis is best left until all the facts emerge (including the grounds for granting the original injunction).</p>

<p>From my perspective the startling revelation is the power of Twitter, blogs and other social media in this situation. Have we reached a stage where technology has overtaken the legal process?</p>

<p>This particular case was largely of interest in the UK, but with any story of global interest it is difficult to see how this kind of order can realistically be enforced in all jurisdictions.</p>

<p>In this instance I would argue that the right to report parliamentary proceedings is of fundamental importance, but could the "power" of these networks also lead to information being disclosed when the confidentiality is in the public interest (in the case of terrorism investigations etc.)?</p>

<p>Above all, this has to be a lesson in how counterproductive this type of approach can be if it is not handled correctly. The issue has now been reported by the Guardian in full anyway - and to an audience which must be vastly bigger than if the order had never been applied for!</p>

<p>* <strong>Jon Bloor</strong> is a solicitor at <a href="http://www.lees.co.uk">Lees Solicitors</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/10/blog-jon-bloor-on-the-guardian.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Tony Wilson on Merseyside's economic outlook</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/X8mDU4JUQjY/blog-tony-wilson-on-merseyside.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.171329</id>

    <published>2009-10-13T10:31:06Z</published>
    <updated>2009-10-13T10:39:20Z</updated>

    <summary> I was encouraged to read in The Mersey Partnership's latest economic review that Liverpool's student population continues to grow (for a news story, click here). As a top ten employer in the city, and the only national and international...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Tony Wilson" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="blog" label="blog" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="hilldickinson" label="Hill Dickinson" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="students" label="students" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="themerseypartnership" label="the mersey partnership" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tonywilson" label="tony wilson" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Tony Wilson.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Tony%20Wilson.jpg" width="105" height="125" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>I was encouraged to read in The Mersey Partnership's latest economic review that Liverpool's student population continues to grow (for a news story, click <a href="http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2009/10/07/merseyside-will-slip-further-behind-its-competitors-unless-it-drops-a-business-as-usual-approach-to-economic-growth-political-leaders-and-industrialists-warned-92534-24872315/">here</a>). </p>

<p>As a top ten employer in the city, and the only national and international law firm with Liverpool headquarters, Hill Dickinson recognises the importance of attracting more young people to the region to ensure economic and social sustainability.</p>

<p>A burgeoning student population benefits the city in terms of contributing to economic growth and global connectivity.</p>]]>
        <![CDATA[<p>The fundamental challenge is making Liverpool an attractive place for students to remain once they've graduated.</p>

<p>It is vital, especially in these times of unprecedented global, technological and environmental change, that we support talent and invest in the future. </p>

<p>The students of today are the business leaders and entrepreneurs of tomorrow. Liverpool needs them to stimulate the economy and businesses benefit from having inspired employees to help their companies prepare for the upturn.  </p>

<p>As Hill Dickinson approaches its 200th anniversary in 2010, investing in the future has never been so important.  </p>

<p>We have adopted an integrated, dedicated approach to attracting, retaining and investing in the best young talent with such initiatives as the Hill Dickinson Business School and developing our graduate recruitment programme. And other Liverpool businesses are also recognising the need to increase their collaborations with universities and work as one in an effort to bolster opportunities in a tough job market. </p>

<p>It was therefore reassuring to recently hear the Government has joined forces with the Federation of Small Businesses to offer up to 10,000 graduate internships across the UK. </p>

<p>While Gordon Brown is anticipating "a whole new generation of young Britons to embrace ambition and enterprise", I'm hoping this scheme will further attract more young people to Liverpool so we can build upon our decade of growth and rise in employment.</p>

<p>Young people will also be attracted to a city which not only invests in them, their training and development, but which also invests heavily in key transformational sectors such as culture, media and in knowledge and low carbon economies. </p>

<p>In today's highly competitive global economy, the innovative use of strong and dynamic knowledge bases will ensure Liverpool is a top performer.</p>

<p>*<strong>Tony Wilson</strong> is senior partner at <a href="http://www.hilldickinson.com/our_people/PersonDetails.aspx?personid=149298">Hill Dickinson</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/10/blog-tony-wilson-on-merseyside.html</feedburner:origLink></entry>

<entry>
    <title>Law Society hits out at Co-op conveyancing panel decision</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/9SnAj8rHiUA/law-society-hits-out-at-co-op.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.170525</id>

    <published>2009-10-07T11:26:12Z</published>
    <updated>2009-10-07T15:28:24Z</updated>

    <summary>THE Co-op today came under fire from the Law Society for putting sole practioners "at risk of closure". The society says up to 3,600 firms could go to the wall after being taken off a Co-operative Financial Services' (CFS) conveyancing...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Law Society" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="britanniabuildingsociety" label="britannia building society" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="cooperativefinancialservices" label="co-operative financial services" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="conveyancing" label="conveyancing" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lawsociety" label="Law Society" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p>THE Co-op today came under fire from the Law Society for putting sole practioners "at risk of closure".</p>

<p>The society says up to 3,600 firms could go to the wall after being taken off a Co-operative Financial Services' (CFS) conveyancing panel.</p>

<p>It adds if other banks and building societies follow suit the society warns "access to justice in small towns and rural areas could be severly damaged".</p>]]>
        <![CDATA[<p>CFS  is the group of businesses that includes The Co-operative Insurance and The Co-operative Bank including smile and Britannia.</p>

<p>In September it gave sole practitioners one month's notice of their removal from the Britannia conveyancing panel. </p>

<p>CFS cite insurance difficulties as the driver for their decision, but the society is not convinced by their argument. </p>

<p>In a statement the society said it was "dismayed" by the decision.</p>

<p>It added: "CFS widely claims it has created a fair and ethical alternative to other high street banks, yet this move is not only unfair for consumers and solicitors, it reduces consumer choice for house buyers and unfairly deprives sole practices of business during the worst economic recession for 60 years."</p>

<p>Law Society president Robert Heslett said: "We consider this decision belies CFS's claim that they are committed to leading the way on ethical and community matters. </p>

<p>"CFS say that 'Britannia already has a commitment to social responsibility and both companies see this as a great opportunity to create a strong organisation, founded on long-standing values of trust and ethical behaviour' - yet this move could well contribute to putting several thousand solicitors livelihoods and the livelihoods of their employee's at risk."</p>

<p>But Mike Fairbairn, CFS director of risk said: "Throughout this process the interests of our customers and members has continued to be our main priority. We have explored with all the respective Law Societies a number of self-insurance routes linked to their own existing compensation schemes. </p>

<p>"We have studied these options, with our own expert legal opinion, and we believe that Scotland may, pending further discussions, provide the appropriate levels of reassurance we require. The Law Society of Northern Ireland is considering its requirements to determine what reassurances it can provide in the circumstances. This has led us to extend their deadline to October 21.</p>

<p>"Unfortunately we do not believe from the conversations that have taken place with the Law Society representing England and Wales that such re-assurances will be forthcoming. </p>

<p>"We are, in effect, being asked to assume risks in relation to sole practitioner fraud that should properly lie with the profession itself.   </p>

<p>"We fully understand the disappointment this will cause amongst the English and Welsh Law Society and their sole practitioner members, but our duty rests clearly with our members and it is with their interests in mind, that this decision has been taken. "</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/10/law-society-hits-out-at-co-op.html</feedburner:origLink></entry>

<entry>
    <title>NEWS: Law Society says Katie and Peter had the perfect divorce</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/msgrbrdICaI/news-law-society-says-katie-an.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.168959</id>

    <published>2009-09-28T13:59:24Z</published>
    <updated>2009-09-28T14:39:21Z</updated>

    <summary>THE LAW Society is recommending divorcing couple's follow the lead of TV celebrities Katie Price and Peter Andre by seeking expert legal advice from specialist family law solicitors to achieve the best possible outcome for both parties. The advice comes...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Law Society" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="divorce" label="divorce" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="highcourt" label="high court" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="jordan" label="jordan" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="katieprice" label="katie price" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lawsociety" label="Law Society" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="peterandre" label="peter andre" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="robertheslett" label="robert heslett" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p>THE <a href="http://www.lawsociety.org.uk">LAW Society</a> is recommending divorcing couple's follow the lead of TV celebrities Katie Price and Peter Andre by seeking expert legal advice from specialist family law solicitors to achieve the best possible outcome for both parties.<br />
 <br />
The advice comes as many couples are reaching breaking point due to pressures related the economic downturn. </p>

<p>The Law Society is advising anyone facing the prospect of divorce to seek expert legal advice from a specialist family law solicitor.</p>

<p>Katie - who is also known as glamour model Jordan - and Peter were granted a quickie divorce in London's High Court three weeks ago. (For news story, click <a href="http://www.thesun.co.uk/sol/homepage/showbiz/tv/2627258/Jordan-and-Peter-Andres-quickie-divorce-granted-in-just-42-seconds.html">here</a>.)</p>]]>
        <![CDATA[<p>Robert Heslett, Law Society president, said:  "Divorce is stressful, the legalities can be complicated and emotions can cloud reasoning, so it is important to consult an expert from the outset to receive independent, impartial, objective advice from someone who will steer you clear of the legal pitfalls and safeguard your interests."</p>

<p>The reality is that the absence of an experienced specialist family lawyer in a family case puts the client at a significant disadvantage and slows down the legal process. </p>

<p>Mr Heslett explains that a specialist family law solicitor will ensure that no important issues have been overlooked and all agreements are properly documented.</p>

<p>He added: "The legal formality of getting a divorce is a relatively straightforward process. What is generally much more complex is sorting out the practical issues such as where each person will live, who gets what, and arrangements for any children. </p>

<p>"So before agreeing matters with your partner it is advisable to consult a family law specialist solicitor who will advise you about your rights and the options available to you. </p>

<p>"They will also explain some of the financial complexities and will help you identify the issues that the court will consider, sort the wheat from the chaff, give tactical advice and may even save you time and money."</p>

<p>Getting a solicitor on your side doesn't automatically signal the beginning of a journey towards a court hearing. </p>

<p>A solicitor will explain the other options available, such as mediation, or collaborative family law, designed to help people resolve issues following family breakdown in a calm and constructive manner away from court. </p>

<p>Mr Heslett continued: "Solicitors can help you avoid court. Collaborative family law is designed to help people resolve issues following family breakdown in a calm and constructive manner.</p>

<p>"Both spouses and their collaborative family lawyers make an agreement to try to reach a solution without going to court."</p>

<p>The advice comes as the Law Society has launched an information campaign to make consumers in England and Wales aware of how solicitors can help them solve a wide range of problems.</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/news-law-society-says-katie-an.html</feedburner:origLink></entry>

<entry>
    <title>DIARY: Atlantic Chambers announces Financial Provision Team and conference date</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/aAgJLf7iGGA/diary-atlantic-chambers-announ.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.168666</id>

    <published>2009-09-25T13:14:52Z</published>
    <updated>2009-09-25T13:19:13Z</updated>

    <summary>ATLANTIC Chambers today announced the launch of their Financial Provision team. The team, specialists in cases which raise financial issues arising from relationship breakdown, are launching the new service at the Family Law Group Finance Conference on Friday October 2. The...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Chambers" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Diary" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="atlanticchambers" label="atlantic chambers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="malcolmsharpe" label="malcolm sharpe" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><a href="http://www.atlanticchambers.co.uk/">ATLANTIC Chambers</a> today announced the launch of their Financial Provision team.<br />
 <br />
The team, specialists in cases which raise financial issues arising from relationship breakdown, are launching the new service at the Family Law Group Finance Conference on Friday October 2.</p>

<p>The half day Conference at the Hard Day's Night Hotel will include talks from the Atlantic team on The Effect of POCA on Ancillary Relief, Financial Agreements following MacLeod and Radmacher, and Current Developments in Ancillary Relief.</p>]]>
        <![CDATA[<p>Malcolm Sharpe, head of Atlantic Chambers' Family Group said: "The seminar is to launch the Atlantic Chambers Financial Provision Team who will provide a comprehensive service for solicitors specialising in cases which raise financial issues arising from relationship breakdown.  </p>

<p>"Ranging from traditional matrimonial breakdown and Ancillary Relief through cohabitation issues concerning unmarried couples, same sex partnerships and dependent children of unmarried parents, the Financial Provision Team is able to provide the broad spectrum of services which cross the borders between civil litigation, Chancery work and family disputes.  </p>

<p>"They will also deal with all issues arising from inheritance disputes, bankruptcy and tax problems.</p>

<p>"With experienced and specialist Counsel drawn from the established Practice Groups flourishing in Atlantic Chambers, this new development promises to provide an effective One Stop Shop for solicitors."</p>

<p>The Seminar is worth three CPD points. Lunch and refreshments will be served from 1.30pm.</p>

<p>Attendance at the Seminar will be limited and those who wish to receive further details should contact Allan Weston on 0151242 0208 or email allan@atlanticchambers.co.uk</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/diary-atlantic-chambers-announ.html</feedburner:origLink></entry>

<entry>
    <title>NEWS: Mace &amp; Jones advises Harrow Estates on £15m sale</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/uOYbRbeSDFs/news-mace-jones-advises-harrow.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.168357</id>

    <published>2009-09-23T13:51:55Z</published>
    <updated>2009-09-25T13:13:15Z</updated>

    <summary>CORPORATE lawyers at Mace &amp; Jones have advised Harrow Estates on the £15m sale of its business to house building giant Redrow in a transaction forming part of Redrow's fund raising of £150m announced today. Mace &amp; Jones Liverpool based...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="harrowestates" label="harrow estates" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ianhodgkinson" label="ian hodgkinson" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="macejones" label="Mace &amp; Jones" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="redrow" label="redrow" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p>CORPORATE lawyers at Mace & Jones have advised Harrow Estates on the £15m sale of its business to house building giant Redrow in a transaction forming part of Redrow's fund raising of £150m announced today.<br />
 <br />
Mace & Jones Liverpool based corporate partner Ian Hodgkinson worked on the sale of Preston Brook based Harrow Estates from the Bridgemere group of companies owned by Redrow chairman Steve Morgan. </p>

<p>The deal involves the acquisition of five freehold land assets and options to acquire seven further strategic land assets, together with the business of Harrow Estates, for £15m.</p>]]>
        <![CDATA[<p>Mr Morgan said: "The proposed rights issue will strengthen Redrow's balance sheet and position Redrow for growth. </p>

<p>"We are returning Redrow to its traditional focus on a great product in the market for family housing. </p>

<p>"We now need to enhance our ability to acquire land through selected acquisitions. This is all part of our strategy to steer the business back to delivering a much improved return on capital employed."</p>

<p>Mr Hodgkinson added: "Mace & Jones has enjoyed working with Steve Morgan for some time advising him on a number of business transactions including his deal to buy Wolves FC.</p>

<p>"It is terrific to work on this important deal which will strengthen the business." </p>

<p>Redrow shares rose 4% to 242p in early trading today.</p>

<p>The main points of the sale are<br />
<ul><br />
	<li>Following a detailed review of their capital structure, Redrow announced today that it is seeking to raise c.£150m net of fees to fund expansion of the land bank, accelerate the return of Redrow to traditional family housing and provide greater financial flexibility for future growth. </li><br />
	<li>Net debt will be reduced from £223m at 30 June 2009 to c.£80m post the Rights Issue and the £15m acquisition of Harrow. This leaves £170m of headroom on current facilities.</li><br />
	<li>Steve Morgan, Redrow's executive chairman is the 100% owner of Harrow, which for the last 8 years has been a land development company. Redrow believe the acquisition of Harrow means that all conflicts of interests are removed and that an acquisition cost of just over £20,000 per plot represents a fair price. The acquisition adds c.600 plots to the land bank with first sales from the five sites expected in 2010/11 at "normal" housebuilding margins. The acquisition also includes options to purchase a further seven sites at 96% of open market value at the time of purchase.</li><br />
	<li>The Group's Directors intend to subscribe for their full pro-rata entitlements.</li><br />
	<li>At 234p the Group trades at a TERP Price to Book of 1.2x, around a 25% discount to the Group's long term price to book ratio.</li><br />
</ul></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/news-mace-jones-advises-harrow.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Lees Solicitors' Joanna Kingston-Davies on the recent closure of Lees Lloyd Whitley</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/DW33f2Y3lpk/blog-lees-solicitors-joanna-ki.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.168355</id>

    <published>2009-09-23T13:39:25Z</published>
    <updated>2009-09-23T13:49:29Z</updated>

    <summary> FIRSTLY, I would like to reassure our clients and contacts that despite the extremely sad news that Lees Lloyd Whitley filed for administration on the September 18, Lees Solicitors LLP is a completely separate firm and the closure of...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="administration" label="administration" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="joannakingstondavies" label="joanna kingston-davies" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="leeslloydwhitley" label="lees lloyd whitley" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="leessolicitors" label="lees solicitors" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="recesssion" label="recesssion" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Joanna Kingston-Davies.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Joanna%20Kingston-Davies.jpg" width="105" height="134" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>FIRSTLY, I would like to reassure our clients and contacts that despite the extremely sad news that Lees Lloyd Whitley filed for administration on the September 18, <a href="http://www.lees.co.uk/">Lees Solicitors LLP </a>is a completely separate firm and the closure of <a href="http://www.llw.co.uk/">Lees Lloyd Whitley</a> therefore does not affect our practice or staff in any way.</p>

<p>We wish to express our support on behalf of the Wirral legal community to those affected at Lees Lloyd Whitley.<br />
 <br />
Over the past 18 months the country as a whole has experienced a turbulent economic climate, with many businesses facing difficulties due to the downturn in the market.</p>]]>
        <![CDATA[<p>This recent announcement is another casualty of this difficult time and is sure to affect many local residents and businesses.<br />
 <br />
Our firm, Lees, was originally founded in 1889 by George Frederick Lees, eventually becoming Lees Moore & Price and in 1987 incorporated with Whitley & Co and Edward Lloyd & Co to become Lees Lloyd Whitley.  </p>

<p>In 1994, however, that large grouping demerged, becoming Lees Lloyd Whitley and, as we were then known, Lees & Partners.  </p>

<p>Peter Lees, the third generation of his family to have practised from our Hamilton Square office, retired from our practice in 2003.  </p>

<p>The firm transferred to LLP status in 2007 and re-branded itself at that time as Lees Solicitors LLP.  <br />
  <br />
Joanna is head of management services at Lees Solicitors<br />
 </p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/blog-lees-solicitors-joanna-ki.html</feedburner:origLink></entry>

<entry>
    <title>Royals "right to delay Prince Harry's inheritance" says lawyer</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/YbBE9JtW-nc/royals-right-to-delay-prince-h.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.167530</id>

    <published>2009-09-17T10:47:23Z</published>
    <updated>2009-09-17T10:56:52Z</updated>

    <summary>THE ROYAL family "made the right judgement" on Prince Harry's inheritance from his mother, Diana Princess of Wales' estate, a Merseyside lawyer said today. The third in line to the throne has only started receiving the money after turning 25,...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="dianaprincessofwales" label="diana princess of wales" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="macejones" label="Mace &amp; Jones" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="paulbricknell" label="paul bricknell" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="princeharry" label="prince harry" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="probate" label="probate" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wills" label="wills" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p>THE ROYAL family "made the right judgement" on Prince Harry's inheritance from his mother, Diana Princess of Wales' estate, a Merseyside lawyer said today.</p>

<p>The third in line to the throne has only started receiving the money after turning 25, it has been <a href="www.timesonline.co.uk/tol/news/uk/article6835801.ece">reported</a>.</p>

<p><a href="http://www.maceandjones.co.uk/paul-bricknell.html">Mace & Jones trusts specialist Paul Bricknell</a> said by law young people can gain access to their inheritance aged 18 but in many cases the youngster is too young to handle the cash sensibly.</p>]]>
        <![CDATA[<p>Mr Bricknell said: "Our strong advice is to follow the royals. Much better to draw up a will or trust with a lawyer which ensures that inheritance cash remains untouched until the youngster is mature enough to manage the cash. </p>

<p>"This avoids the 'chocolate factory' affect when too much, too young ends in waste. </p>

<p>"At 18 a parent may want their child to spend the cash on university but the child may want a car or holiday instead. Ultimately the youngster will thank the family in later years for delaying the inheritance to an age when they are old and wise enough to enjoy it and use it to good effect. </p>

<p>"The cash could be very important to buying a house, paying child costs or simply planning for a solid solvent financial future. </p>

<p>"There is no point in jeopardising this by giving the cash to a young person who could just blow it. Moreover if the trust cash is needed early the trustees have the power to approve release."</p>

<p>Mr Bricknell also pointed out that Harry couldn't even toast the occasion as he spent the day flying helicopters on his RAF training course. The unit's 10-hour "bottle to throttle" rule bans pilots from drinking before flying.</p>

<p><br />
He continued: "There really is a good lesson here. Harry has been known as a party boy as many young people are. But his life has moved on considerably in recent years. </p>

<p>"His career is firmly under way and he has far more life experience. Because of his responsibilities and his career at 25 he is much better placed to manage his cash sensibly."</p>

<p>Harry inherited an estimated £9m from his mother's estate. He will not gain access to the full amount until he turns 30 but will now start receiving the interest - around £300,000 a year.</p>

<p>Diana left £12,966,022 to be split equally between Harry and his brother William, 27.<br />
The boys each got half on turning 25 and the cash has gathered substantial interest since Diana's death in 1997.</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/royals-right-to-delay-prince-h.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Family law meets women's rugby</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/cxE_4PG-zk4/blog-family-law-meets-womens-r.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.167300</id>

    <published>2009-09-16T10:22:50Z</published>
    <updated>2009-09-16T10:28:30Z</updated>

    <summary> I HAVE to 'fess up immediately and say that if you expect this blog to be about law this week, you should stop reading now. Having said that, these blogs are only ever about law tangentially in any event...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Sam Hillas" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="atlanticchambers" label="atlantic chambers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="parkpanthers" label="park panthers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="samhillas" label="sam hillas" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wirral" label="wirral" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="womensrugby" label="womens' rugby" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Sam Hillas.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Sam%20Hillas.jpg" width="105" height="152" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>I HAVE to 'fess up immediately and say that if you expect this blog to be about law this week, you should stop reading now.</p>

<p>Having said that, these blogs are only ever about law tangentially in any event so if you're a repeat customer, you must know by now what to expect.</p>

<p>This week, readers and fellow bloggers, I am going to unashamedly plug my rugby team - the darlings of the North West or, as we are commonly known, the Park Panthers.  Grrrrr.</p>]]>
        <![CDATA[<p>Like a phoenix from the ashes of Wirral women's rugby (I was a member of the last ever Wirral team which folded, but no-one has yet held that against me), Park Panthers rose to dizzying heights this weekend in their first ever match against Liverpool Collegiate.</p>

<p>The sun shone, the crowds poured through the gate and the women played like a team of Martin Johnsons. Smaller, better looking Martin Johnsons of course. And with a hint of mascara. But worthy of an England cap nonetheless.*</p>

<p>I remain, in fact, quite breathless about the game and that's not solely due to the filthy nicotine habit.</p>

<p>The squad was formed, rather inauspiciously, over a few cajoling calls/texts/emails, promising an active social life and a chance of legitimate ogling of men with big thighs in short shorts.  </p>

<p>But that inauspicious start led to greater things - firstly a meeting over drinks to assess numbers and discuss training schedules.  </p>

<p>Then a meeting over more drinks to form a committee.  </p>

<p>Then another meeting over drinks to discuss kit design.....you get the picture.  </p>

<p>We must have done something right though - numbers are such we could hardly fit the full squad in team shot. Perhaps the mention of thighs was the draw.</p>

<p>Whatever the motivation however, in a few short months we have turned a gaggle of novices (barristers, solicitors, teachers, full-time mums) into a strongly-bonded team of skilled and enthusiastic rugger buggers who now know more about rucking and mauling than they could ever have imagined.</p>

<p>And I'm so proud of every one of them, as are our sponsors who (I should mention) include my own crowd, Atlantic Chambers.  </p>

<p>Should any other female mentalists fancy a run around the park, feel free to join us - we train every Thursday at 6.30pm and every Saturday at 10.30pm at Birkenhead Park FC, Park Road North, Birkenhead.</p>

<p>* We lost by the way.  But who cares?  Go Panthers!!!!</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/blog-family-law-meets-womens-r.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Commercial Property - taking advantage of the recession</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/Cmj-ylDSSDU/blog-commercial-property---tak.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.167176</id>

    <published>2009-09-15T13:52:04Z</published>
    <updated>2009-09-16T10:22:07Z</updated>

    <summary> ONE characteristic of the downturn in the property market is a swing in the balance of power towards business tenants involved in lease negotiations. Unsurprisingly the last twelve months has seen a general decline in new commercial property tenancies...</summary>
    <author>
        <name>Philip Gray</name>
        
    </author>
    
        <category term="Philip Gray" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="commercialproperty" label="commercial property" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="kirwans" label="Kirwans" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="kirwanssolicitors" label="Kirwans Solicitors" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="philipgray" label="Philip Gray" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="recesssion" label="recesssion" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Philip Gray.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Philip%20Gray.jpg" width="105" height="117" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>ONE characteristic of the downturn in the property market is a swing in the balance of power towards business tenants involved in lease negotiations.</p>

<p>Unsurprisingly the last twelve months has seen a general decline in new commercial property tenancies coupled with an unfortunate but inevitable rise in tenant insolvencies.</p>

<p>The result has been a significantly reduced demand for business tenancies causing landlords to suffer lower rental incomes and increased rates for the empty properties, this is something tenants can exploit to their advantage.<br />
</p>]]>
        <![CDATA[<p>Simple economics tells us that low demand coupled with high supply moves power away from landlords and into the hands of tenants.</p>

<p>Whilst it is in both landlords' and tenants' interests to ensure that a tenant's business survives until the end of a tenancy, those tenants coming to the end of their existing lease who are looking to renew or relocate often hold the upper hand in lease negotiations.</p>

<p>In particular, tenants should be seeking competitive rents coupled with favourable rent review provisions, rent free periods and adequate break clauses all of which will continue to benefit a business long into the future and beyond the current downturn.</p>

<p>In our experience many landlords are taking a pragmatic approach in the current climate and are working with their existing occupiers and prospective new tenants in order to survive the recession.  </p>

<p>Tenants should be looking to take the lead in active lease negotiations and taking advantage of increased landlord flexibility and should look to involve their solicitors and professional advisors in the negotiations in order to obtain the best possible lease.</p>

<p><br />
Philip Gray<br />
Kirwans Commercial Property</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/blog-commercial-property---tak.html</feedburner:origLink></entry>

<entry>
    <title>New appointment to Brabners' family team</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/ylevPr6Nq9o/new-appointment-to-brabners-fa.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.164514</id>

    <published>2009-09-03T14:39:58Z</published>
    <updated>2009-09-03T17:13:45Z</updated>

    <summary> BRABNERS Chaffe Street has appointed Lindsay Yateman as a senior associate in its family practice. Lindsay, who joins from Chester-based Storrar Cowdry, is a specialist in collaborative family law, which involves four-way meetings between the couple and their lawyers...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="News" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="brabnerschaffestreet" label="brabners chaffe street" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="lindsayyateman" label="lindsay yateman" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="news" label="news" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Lyndsey Yateman.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Lyndsey%20Yateman.jpg" width="105" height="157" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>BRABNERS Chaffe Street has appointed Lindsay Yateman as a senior associate in its family practice.<br />
 <br />
Lindsay, who joins from Chester-based Storrar Cowdry, is a specialist in collaborative family law, which involves four-way meetings between the couple and their lawyers where everyone aims to reach amicable agreements, without the added pressure of settling differences in a courtroom. </p>

<p>Brabners Chaffe Street say it has seen an increase in couples looking to resolve family issues in this way because some couples find it less confrontational and it is often quicker than the traditional court process.</p>]]>
        <![CDATA[<p>Lindsay is an expert in all areas of family law with particular interest in complex financial cases. She started her career working in Greater London and migrated to the North West from Windsor eight years ago.<br />
 <br />
She will work alongside practice head Helen Marriott to build the profile of the firm's family team across the North West. <br />
 <br />
Lindsay said: "Brabners Chaffe Street is renowned for building strong long-term relationships with clients, which enables them to provide the most appropriate advice for each case.</p>

<p>"I will be able to bring my specific expertise into a dedicated, insightful team and help to grow our client base across the region."</p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/09/new-appointment-to-brabners-fa.html</feedburner:origLink></entry>

<entry>
    <title>BLOG: Andrew Whalley discusses "finders keepers" after the case of Amanda Stacey</title>
    <link rel="alternate" type="text/html" href="http://feedproxy.google.com/~r/TheLegalWeek/~3/SWo67kBl0J8/blog-andrew-whalley-discusses.html" />
    <id>tag:www.thelegalweek.merseyblogs.co.uk,2009://729.163567</id>

    <published>2009-08-27T12:20:33Z</published>
    <updated>2009-08-27T12:31:35Z</updated>

    <summary> IT IS a dilemma that many have faced at one point or another - if you stumble across money in the street would you pocket it, leave it where it is or take it to the police? If you...</summary>
    <author>
        <name>Ben Schofield</name>
        <uri>http://www.ldplegal.co.uk</uri>
    </author>
    
        <category term="Andrew Whalley" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Blogs" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="amandastacey" label="amanda stacey" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="andrewwhalley" label="andrew whalley" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="dlapiper" label="dla piper" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en" xml:base="http://www.thelegalweek.merseyblogs.co.uk/">
        <![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="Andrew Whalley.jpg" src="http://www.thelegalweek.merseyblogs.co.uk/Andrew%20Whalley.jpg" width="105" height="138" class="mt-image-left" style="float: left; margin: 0 20px 20px 0;" /></span></p>

<p>IT IS a dilemma that many have faced at one point or another - if you stumble across money in the street would you pocket it, leave it where it is or take it to the police?  <br />
 <br />
If you abide by the old adage of finders keepers the former would certainly apply but would most people be aware they were committing theft? <br />
 <br />
The case of Amanda and Michael Stacey (for a news story, click <a href="http://news.sky.com/skynews/Home/UK-News/Winning-Lottery-Ticket-Find-Amanda-Stacey-On-Fraud-Rap-After-Using-Jackpot-To-Pay-Off-Debts/Article/200904315263014">here</a>) has certainly brought the legal issues surrounding this old debate into the public domain.</p>]]>
        <![CDATA[<p>The couple, from Swindon, were recently given an 11 month suspended sentence after cashing in a lottery ticket worth £30,000, which they had found on the floor of a local supermarket.<br />
 <br />
Although they had spent half of the money, police were able to charge them with theft and dishonesty and froze the remainder of the winnings after the ticket's owner, Dorothy McDonagh, was able to prove that the ticket belonged to her.  <br />
 <br />
In their defence, the Stacey's claimed they didn't believe they were acting unlawfully, putting the find down to good luck. This had little sway with the Judge and they were ordered to repay the £15,000 plus £111 interest.<br />
 <br />
Some may argue that the punishment was too harsh, but finding something does not automatically make you the owner.<br />
 <br />
You are only guilty of theft if you take something which is the property of another - if someone abandons an item, perhaps a piece of litter, and you pick it up this would not qualify as theft.<br />
 <br />
However, if you find an item in the street without seeing it abandoned or thrown away, there are necessary actions you need to take before you can take legal possession. <br />
 <br />
In the first instance, you would need to try and find the owner by taking reasonable steps. This usually starts with you notifying the police. If the original owner does not come forward within a determined time limit you will then be able to take ownership of the item. <br />
 <br />
Finders keepers does have some application in law but not the way most people think as you'll have had to take all reasonable steps first to find the original owner.  The Stacey's learned this legal lesson the hard way.</p>

<p>* Andrew Whalley works at <a href="http://www.dlapiper.com/uk">DLA Piper</a></p>]]>
    </content>
<feedburner:origLink>http://www.thelegalweek.merseyblogs.co.uk/2009/08/blog-andrew-whalley-discusses.html</feedburner:origLink></entry>

</feed>
