Category Archives: Law

Acuity Law solicitor named Rising Star at Wales Legal Awards

Leading commercial law firm Acuity Law is celebrating after one of its own is named Rising Star at an independent awards ceremony.

The firm, which is one of the first to offer a range of qualification routes that incorporates SQE (Solicitors Qualifying Examination) preparation training for its trainee solicitors, starting this autumn, has an impressive future lawyer strategy to attract and nurture more talent. Adam McGlynn has been recognised for the contribution he has made to developing Acuity Law’s leading technology platforms.

Employment Solicitor Adam, based at Acuity’s Cardiff office, took home the gong for Rising Star at the 2022 Wales Legal Awards on Friday May 20, which honoured the efforts of the Welsh legal community at a sold-out event at the Mercure Hotel in Cardiff.

Judges commended Adam commenting ‘His thirst for legal tech coupled with his passion for delivering practical legal solutions has resulted in the development, delivery and execution of bespoke industry-leading legal solutions.’

Adam, 28, originally from London, trained at Acuity before qualifying as a solicitor with Acuity’s employment team in 2020. Aside from assisting his clients, Adam has a passion for technology, which is what really set him apart from his peers in the Rising Star category.

While still a trainee solicitor, Adam utilised his appetite for technology and innovation to develop several products, including a redundancy costs calculator and an IR35 tool. Both products are now used in-house across the employment team and by Acuity’s clients.

He said: “I was really thrilled to take home the Rising Star award and to have my contributions to the company and profession externally recognised. When creating these tools, my ultimate goal was to reimagine and improve how we deliver legal services, creating products that not only make our work as a law firm more efficient, but that are useful for our clients too.

“I can’t speak highly enough of Acuity and how they have supported me, championed my ideas and recognised my contributions. I’m looking forward to progressing in my career with Acuity as they continue to cement themselves as disruptors in the world of legal tech and solutions.”

On Adam’s win, Claire Knowles, Head of Employment and HR at Acuity Law, said: “We couldn’t think of someone more deserving than Adam to take home the Rising Star award. His forward-thinking, innovative nature has led to the development of a series of products that are making a tangible difference to the employment team and our clients.

“Solicitors like Adam are a prime example of why we are so focussed on nurturing our junior talent – they really are the future of the business and the industry as a whole.”

The award looked to recognise someone who has made a significant contribution to legal services through their work; has had a positive social or commercial impact through their actions and whose creativity and hard work can be consistently demonstrated.

Established in 1999, the Acuity team has grown to more than 100 exceptional and instinctively commercial lawyers working throughout the UK, including 25 consultants shaping the business’ growing consultant community.

The firm, which has offices in Cardiff, London and Swansea, has recently launched a Bristol office, prompted by a record number of consultancy hires in the region, and the ambition to increase growth by a further 50% in 2022.

For further information on Acuity Law’s full-service offering, see www.acuitylaw.com

 

Midlands law firm mfg Solicitors announces ten partner and associate promotions

Midlands law firm mfg Solicitors has announced ten promotions which includes five new partners and two senior associates.

Residential property specialist Javed Ahmed is promoted to partner and will continue in his role as head of the firm’s Residential Conveyancing team. In the same division, Nichola Wilson also becomes a partner.

Family law expert Rupinder Nandra has also been promoted to partner, alongside Lisa Morrison in the firm’s Commercial Property department, and trusts and estates lawyer in the Private Client team, Tom Evans.

mfg has also announced two senior associate promotions within its award-winning Agriculture and Rural Affairs team who look after the interests of farmers, landowners and rural businesses – with highly respected lawyers Tom Bell and Hannah Taylor being promoted.

Meanwhile, the firm has also confirmed that wills and probate specialist Ellie Newman, corporate lawyer Matt Allen, and litigation expert Stephanie Rushfirth, have each been promoted to associate level.

Maynard Burton, partner and chairman of mfg Solicitors said: “We are expanding in a variety of areas with more and more people and businesses looking to us for professional advice. This means we must have nothing but the best teams in place so I am delighted with these latest promotions across a wide spectrum of expertise.

“To see five hugely experienced lawyers step up to become partners is another proud moment for us and they will prove to be superb appointments in the months and years ahead.

“Meanwhile, having many more rising stars stepping up to become senior associates and associates shows we are well prepared for the future in a number of specialisms.”

The confirmed list of annual promotions is as follows:

 

Partner promotions:

  • Javed Ahmed – Residential Property
  • Nichola Wilson – Residential Property
  • Rupinder Nandra – Family
  • Lisa Morrison – Commercial Property
  • Thomas Evans – Private Client

 

Senior Associate promotions:

  • Tom Bell – Agriculture and Rural Affairs
  • Hannah Taylor – Agriculture and Rural Affairs

 

Associate promotions:

  • Ellie Newman – Private Client
  • Matt Allen – Corporate
  • Stephanie Rushfirth – Litigation

 

The biographies of each specialist can be found on our website through https://www.mfgsolicitors.com/site/people/.

Calling a man bald is sexual harassment, employment tribunal rules

In a landmark decision, an employment tribunal last week ruled that calling a man bald is sexual harassment, once again affirming the need for a zero-tolerance approach to bullying and formal training for line managers.

Electrician, Tony Finn, brought the case against his employer, British Bung Company, claiming he had been labelled a “bald c***” by factory supervisor Jamie King during an argument in 2019.

Mr Finn claimed that the comment was sexual harassment because his being bald was directly tied to being a man as men are more likely to experience baldness than women.

 

Alan Price, CEO at BrightHR, says employees and employers should always be mindful that any comments, jokes, or actions displayed at work that humiliate or offend someone will likely be classed as bullying.  He explains:

“Never forget that anything you say in the workplace that has the effect of humiliating, degrading, or offending someone will probably be classed as bullying or harassment.

“This judgement should serve as a reminder of the impact that nasty remarks about a person’s physical appearance can have.

“The tribunal considered whether the remark was sexual harassment or just an insult.

“Eventually, the tribunal ruled upheld Mr Finn’s claim that, because he is a man, he was much more likely to be on the receiving end of such a comment and that the words were made with the intent of hurting him.

“On top of this, the remark was an unwanted violation of Mr Finn’s dignity and created an intimidating environment for him.

“Cases like this also reinforce the need for employers to have clear standards of behaviour to protect themselves against tribunal claims.

“Clear policies and a zero-tolerance stance on workplace bullying, harassment, and discrimination and protect your organisations.

“Every workplace needs to effectively communicate these policies and standards to the workforce through regular staff training and a culture of professionalism and mutual respect.”

 

Law firm helps secure perfect home for Have A Heart’s new Wolverhampton rehabilitation centre

A Wolverhampton charity can ensure the future care of patients recovering from heart problems after Midlands law firm mfg solicitors helped secure the lease on a new rehabilitation centre.

Have A Heart Wolverhampton is a spin off from Wolverhampton Coronary Aftercare Support Group, which has raised over £2 million to help cardiac patients and their carers since being founded in 1985.

Andy Ward, an associate solicitor at the law firm, acted for the charity to conclude the deal for the Salisbury Street property – reviewing and negotiating the lease on behalf of the charity.

Mr Ward said: “Wolverhampton Coronary After Care Support Group has been offering long-term rehabilitation for many years and they decided the time was right to improve the service and protect itself for the future.

“The building has been leased to create a Cardiovascular Rehabilitation Centre which will allow the existing long term rehabilitation service to be moved from various rented spaces around Wolverhampton to Salisbury Street.

“It has been a privilege to work with Have A Heart and seeing up close the incredibly important work they do every day with people who rely on their care. I wanted to ensure the deal ticked every box the charity needed and to ensure there were no delays or nasty surprises so their staff could concentrate on what they are good at – caring for people.”

Chris Scordis, Director of Have A Heart Wolverhampton, explained why the new rehabilitation centre is key to the charity’s future.

He said: “Creating this facility will make the service sustainable for the future and allow us to increase the availability and flexibility of the current service. We can also create a gym area for members which will help increase their confidence and add new options which compliment exercise-based rehabilitation.”

“We will have the space for specialist exercise classes and meeting rooms will be made available for charity and community use.”

He added: “We were delighted how Andy and everyone at mfg Solicitors made the process of leasing the building so easy as the last thing we could have afforded was needless delays and hold ups.”

In June 2008 the group were awarded The Queen’s Award for Voluntary Service for its work in providing support and representation for the patients and carers in Wolverhampton.

 

North East lockdown legal start-up celebrates centenary milestone

A start-up Independent Legal Advice business based in the North-East is celebrating reaching a centenary milestone this month, after receiving its 100th instruction.

Founded by North-East based solicitor, Joe Phelan, during the Coronavirus pandemic in late 2020, the legal start-up – Phelan Independent – has since been working with solicitors’ firms and commercial finance brokers across the country to offer their clients expert, fast and affordable independent legal advice on a range of matters.

With the pandemic acting as a catalyst for many businesses to embrace new ways of working, Phelan Independent seized the opportunity to disrupt the often slow, expensive, and cumbersome status quo by offering Independent Legal Advice, delivered by senior solicitors, via online platforms including Microsoft Teams and Whatsapp within 48 hours of instruction.

Receiving its 100th instruction is testament to the start-up’s ability to accelerate the turnaround times associated with multiple commercial transactions, where independent legal advice is required prior to individuals separately signing documents, such as personal guarantees or occupier waiver forms.

Joe Phelan explains the significance of the milestone, along with his plans for the future:

“Setting up a new business can be a tough decision at the best of times but pressing ahead with launching Phelan Independent during a global pandemic was certainly a daunting prospect. That said, having worked as a solicitor for many years I knew first-hand how hard it can be for clients to obtain high quality Independent Legal Advice quickly and affordably.

“Because the requirement for Independent Legal Advice typically only becomes evident shortly before deals are ready to complete, it’s common for transactions to become delayed, while separate representation is sourced, instructed and the advice provided. Keen to complete, clients are often forced to accept high fees and less than desirable turnaround times. I wanted to change all of that and, spurred on by the pandemic, set up Phelan Independent to meet increasing demand for remote provision of Independent Legal Advice delivered quickly and by a qualified solicitor.

Joe continues: “Growth has been steady since we established the company and we’re proud to now be securing repeat business with local, regional, and national law firms, as well as from members of the National Association of Commercial Finance Brokers; an organisation that represents just under 2000 brokers across the UK and which appointed Phelan Independent an associate patron last year. Reaching 100 instructions feels like a big achievement and one that we’re keen to build on in the coming months and years as we continue to serve as ‘deal enablers’ to law firms, brokers and clients alike.”

Working With Covid: A Guide for Employers Part 2

Written by the Employment Law team at Mersons Solicitors

Ensuring a safe workplace 

On 21 February 2022, the Prime Minister gave a statement to the House of Commons setting out the government’s strategy for living with COVID-19 in England.

In our ‘Working with COVID‘ series, we will guide employers in England through issues relating to COVID-19 now that there are no longer legal restrictions in place.

This article focuses on choices employers can make to ensure a safe workplace for their employees.

Risk Assessments

From April 2022, the vast majority of employers will no longer have a legal obligation to cover COVID-19 in their risk assessments, but government guidance states they may choose to do so. Employers will still be responsible for the health and safety of their employees at work, and this should include measures relating to COVID, such as social distancing, ventilation and handwashing.

Testing

During the pandemic, many employers introduced testing policies to ensure a safe environment when employees returned to the workplace. Employers may wish to keep their testing policies in place in the short term to reduce the likelihood of employees catching and spreading COVID-19 and being absent from work.

However, the latest government guidance does not include testing as a method of ensuring a safe workplace. Free testing for the general public has also ended, meaning employees can no longer order lateral flow tests or book PCR tests without incurring costs. It is unlikely that employers will be able to insist that employees cover the costs of COVID-19 testing themselves in order to come to work, so these costs would need to be covered by the employer.

If an employee refuses to continue testing, despite the employer paying for the test, this may be a disciplinary offence. It is unlikely that a long-term testing policy would be a ‘reasonable management instruction’ enabling an employer to dismiss an employee who refuses to test, particularly in light of current guidance and as the COVID-19 virus gradually becomes less dangerous from a medical perspective.

Masks

There is also no longer any legal requirement to wear face masks in public places. Employers will need to carefully consider whether it is reasonable to continue to require employees to wear masks whilst at work. This decision will vary between different business environments and may be more reasonable in public-facing roles, such as retail businesses.

Whilst not specifically referring to the workplace, government guidance does recommend masks if COVID-19 rates are at a high level and people will be in close contact with others in enclosed spaces.

Employers should also support employees who may choose to wear a mask in the workplace.

Clinically Extremely Vulnerable Employees

Many employers may decide that now is the time to relax their COVID-19 policies relating to testing and masks. However, guidance continues to recognise that certain employees may be vulnerable to COVID-19 where they are immunosuppressed. Vulnerable employees are advised to continue to work from home if they can. Where this is not possible, employers and employees should discuss what arrangements can be made to reduce the risk of the employee catching COVID-19, including taking advice from an occupational health physician. It may be the case that an employee is considered disabled under the Equality Act 2010 and would, therefore, be entitled to reasonable adjustments to facilitate their return to work, such as a change in work location or hours.

Long Covid

Employers should also monitor the growing medical knowledge around the condition known as “Long Covid“. This condition carries a range of varying symptoms – including fatigue, pains, headaches, anxiety and breathing difficulties – and impacts people who have previously contracted COVID-19. Those who suffer from long-term health problems as a result of COVID-19 could qualify as “disabled” under law and be entitled to reasonable adjustments to their role and other protections under the Equality Act 2010. Employers should be aware of the existence of this condition when they enforce their absence management and capability procedures. If necessary, employers should seek occupational health advice on the condition.

Taking Legal Advice

The situation with COVID-19 is ever-changing. Employers are advised to take legal advice on how COVID-19 may continue to affect their specific business when working with covid.

If you have any more questions or would like more information regarding working with Covid, you can contact the Employment Solicitors at Myerson.

The University of Law launches US Bar Preparation Course 

The University of Law is to launch a US Bar Preparation Course, to prepare non-US graduates and lawyers to take the New York or California bar exam. 

The course, which will provide bespoke workshops to help students bridge the gap between their legal knowledge and US law, has been developed in partnership with Themis, a leading provider of bar exam preparation courses.   

Especially designed for non-US law graduates and lawyers, the flexible course is offered on a part-time and online basis that allows students to choose when to study content on an adaptive study calendar, enabling them to complete the course within six to nine months.  

Over this period, students will learn Civil Procedure, Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Real Property, Torts, and more. Students will be assigned a licensed Attorney Adviser who will mentor students throughout the programme. 

The course will not only allow students to qualify as attorneys in New York or California, but also enhance employability opportunities and distinguish themselves as standout candidates in the market. 

Students will have the choice to take the California or New York bar exam, depending on eligibility. To take the California bar exam, students must be a qualified lawyer from any common or civil law country. For the New York bar exam, students must have completed a 3-year full time on-campus, accredited LLB from a common law country, with at least 166 credits in common law. 

The University of Law will also be the only UK provider of the course that offers past papers for US bar exams. 

 

Richard Douglas, Chief Operating Officer at Themis Bar Reviewsaid: “​We at Themis are committed to providing innovative, adaptive, and comprehensive products to all those studying for a US bar exam. 

“Our years of experience providing supplemental materials specifically tailored for foreign-educated students, combined with our history of customized programs for our partner schools, position us perfectly to guide ULaw students to US bar exam success. We are honoured to collaborate with such a prestigious institution and look forward to a productive partnership with ULaw.” 

 

Peter Crisp, Deputy Vice Chancellor Law, at The University of Law, said: “Law is an incredibly competitive field of work and students should be proactive in further developing their knowledge of law where possible, ultimately improving their employability. 

“The US Bar Preparation Course is a chance for graduates and lawyers to make themselves stand out in the field, as well as opening the door to the possibility of an international career and other specialist areas of law. The ULaw/Themis course is also the most affordable and flexible option.” 

 

Lawyers welcome calls for asbestos to be removed from schools and public buildings, but say 40 years ‘too long’

Leading industrial disease and asbestos illness lawyers have cautiously welcomed MPs calls for a deadline on the removal of asbestos from schools and public buildings but have said that 40 years is too long to put the health of those who work, live and learn in them at risk.

The warning comes after the Work and Pensions Select Committee said asbestos remained the biggest cause of work-related deaths in the UK, with the Health and Safety Executives estimating that asbestos may still be present in 300,000 non-domestic buildings and in many more homes.

Whilst both the HSE and government have said that the deadly material should be removed, the committee has revealed that neither had put forward a “clear and comprehensive strategy” for achieving this.

Anthony Waddington, an asbestos illness lawyer at Simpson Millar, said: “This is a positive step in the right direction, but 40 years is still too long for those who work, live and learn in schools and other public buildings to continue to live under such threat of exposure.

“Over the years we have represented dozens of people who have suffered because of exposure to the deadly material, including people who came into contact with it while in hospitals, infant schools, council flats and even local libraries.

“As the evidence shows, this is not just an illness that is isolated to heavy industrial sectors, and it is not just an illness that afflicts the elderly. Many of our clients are in their 30s and 40s, and many do not live more than a year or so after diagnosis.

“It is absolutely imperative that the government puts forward a comprehensive, cohesive strategy on how and when the deadly asbestos materials will be removed, and that the commitment to remove all asbestos from schools is done as quickly as possible.”

The call to action comes as the committee warned that while “extreme exposures” might be a thing of the past, the risks were likely to escalate, with the retrofitting of buildings to meet net zero requirements meaning more materials containing asbestos would be disturbed in the coming decades.

A concern also raised by asbestos illness lawyers, who say that many schools are also undergoing vital remedial and buildings works over the coming years.

Anthony Waddington added: “While the dangers of asbestos have been known for many decades there are still, sadly, many people dying prematurely because of related illnesses.

“Not only does this have a devastating impact on those directly and indirectly affected, but it also puts extreme pressure and a significant financial burden on the NHS which oversees the treatment of these conditions.”

Figures from the Office for National Statistics estimate that there were 2,369 mesothelioma deaths in 2019, and on top of that, there were a similar number of deaths due to asbestos-related lung cancer.

Inhalation of asbestos fibres can cause cancers such as mesothelioma and lung cancer, and other serious lung diseases such as asbestosis and pleural thickening.

Becoming a paralegal after graduating with a law degree is a great option

Written by Amanda Hamilton, CEO, National Association of Licenced Paralegals (NALP)

If you have recently graduated with a law degree – congratulations. If you are about to take your final exams – good luck. If you are reading this article, you’re probably wondering what to do once you have graduated. Have you considered becoming a paralegal?  Here are some reasons why you should…

You can start working in a legal environment sooner

Becoming a solicitor in the UK takes 5-6 years, including your degree. This includes your SQE and at least two years of qualifying legal work experience. Qualifying as a Paralegal will take you less time and be less costly. It is important to find that job as soon as possible after you qualify, as practical experience is vitally important. Look for paralegal jobs that will give you that vital experience that help you learn how to apply the theoretical knowledge you gained whilst studying. Working as a paralegal can be within a legal environment such as a law firm but experience can also be gained by working within companies, charities and in-house legal departments in industry.

Becoming a paralegal is far less costly than becoming a solicitor

Qualifying as a Paralegal is  significantly less costly than qualifying as a solicitor. The introduction of the Solicitors Qualifying Examination (SQE) allows for two routes to qualification. The first is for non-law degree applicants and the second for those with a law degree. The costs for the first route should include prep courses for the SQE of anywhere between £2,500 and £5,000 plus the approximate cost of sitting for the SQE itself of £4,000.

As a law graduate, you can work as a paralegal without any further qualifications, but most employers will look for relevant paralegal qualifications. The NALP Level 7 Diploma in Paralegal Practice is designed to bridge the gap between an academic degree and the practical, procedural knowledge and skills necessary to be able to function effectively as a Paralegal Practitioner. The National Paralegal College is currently charging £1,660 for this. As a distance learning qualification, this can be studied whilst you are working, so you can start working, and earning, within a legal practice or in a legal department whilst studying.

You can do almost everything a solicitor can

A paralegal is not simply an assistant to a solicitor; they can practice law in their own right provided certain criteria are met . However, reserved activities, such as conveyancing and conducting litigation, are areas in which a paralegal cannot practise, but there are many more where they can.

Here are just a few:

  • Assisting someone who wishes to represent themselves in court
  • Help people who have been arrested and taken to a police station
  • Helping people with matrimonial issues
  • When someone wishes to take action against an employer through a tribunal
  • Assisting in the writing or a will or obtaining lasting power of attorney.

It can be a stepping-stone

Paralegals are in high demand and being a paralegal is a rewarding career in itself. Nevertheless, for some it may be a stepping stone to becoming a solicitor. Paralegals are an extremely important part of the legal profession and the experience you gain as a paralegal can hold you in good stead if you wish to become a solicitor later down the line.

ABOUT THE AUTHOR

Amanda Hamilton is Chief Executive of the National Association of Licenced Paralegals (NALP), a non-profit membership body and the only paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres around the country, accredited and recognised professional paralegal qualifications are offered for those looking for a career as a paralegal professional.

Web: http://www.nationalparalegals.co.uk

Talbots Law embarks on 100 jobs drive with new trainee appointments and qualifications

One of the West Midlands fastest growing law firms has announced the next stage of a recruitment push that is creating more than 100 new jobs across its offices in Birmingham, the Black Country and Worcestershire.

Talbots Law, which became an Employee Owned Trust in 2021, is celebrating the qualification of two new solicitors and the start of five new training contracts as the company looks to execute its five-year plan to grow to £25m in annual fees.

Based in the Halesowen and Stourbridge property teams respectively, Terri Keenan and Ben Puplett have both come through the unique training programme that allows trainees to specialise in one area of law for the duration of their contract, as opposed to the traditional rotational model of working across different disciplines.

Hoping to emulate the duo are Amy Steventon, Ella Ward, Parris Williams, Pav Suraj and Shabina Khatoon, who all began their training contracts on April 1st.

Offering a significant number of training contracts is part of Talbots Law’s ‘Train to Retain’ initiative, which ensures that trainees receive extensive experience in the specialism of their choice. This means they are ready to continue in more senior, full-time roles immediately on completion of their training.

Rachel Pardoe, HR Director at Talbots Law, commented: “We’re very proud of all our employees and to have so many trainees both qualifying and starting their training contracts is testament to the hard work and quality of the people we have supporting them.

“We invest heavily to ensure employees are work-ready and a retention rate of 98% speaks for itself.

“They should all be incredibly proud of themselves, and we hope they’re enjoying a well-deserved celebration of their achievements.”

Terri Keenan, a newly qualified solicitor with Talbots, added her support: “I’ve had a fantastic educational experience while learning how to be a solicitor, but for me it’s also the personal development that’s made such a big difference.

“I started as a paralegal and have been able to progress consistently thanks to the support I’ve received, and I’ve seen a huge development in my confidence and self-esteem as a result.

“Being offered a permanent role following the completion of my contract is fantastic. I’m now working full-time as a solicitor alongside friends and colleagues who’ve been with me every step of the way – that is the realisation of my dream.”

Talbots Law will be hosting a Careers Event later this month for students and career-changers who are interested in learning more about the firm’s recruitment drive.

Due to be held on April 27th at the company’s Waterfront offices in Brierley Hill, the open evening will provide an insight into the careers and job opportunities coming up, with existing members of staff on hand to talk about their own experiences and achievements.

Rachel Pardoe concluded: “If we are going to more than double the size of our business by 2027, we need to attract the best aspiring talent and our Heads of Departments have all committed to increasing the number of training contracts we are planning to award.

“Trainee positions are currently available at our Birmingham, Dudley, Stourbridge and Wolverhampton offices, with more set to be announced shortly. There’s never been a better time to be joining Talbots.”