Magic circle firm posts impressive 23% jump in annual profits

mercredi 4 janvier 2017

Magic circle firm Clifford Chance has confirmed that its pre-tax profits rose by nearly a quarter in 2015/16.

The international firm recorded profits of £491m for the year ending 30 April 2016, 23% up on the previous 12 months. Turnover was flat, rising by 2.7%, from £1.35bn to £1.386bn.

Responding to provisional results last year, managing partner Matthew Layton said the figures reflected the firm’s progress against its 18-month strategy. It had confirmed that profit per equity partner rose 10% to an all-time high of £1.23m.

The annual accounts, filed with Companies House, show revenue grew in all global regions apart from continental Europe. Income increased by 12% from the Americas to £175m, by 9% from Asia-Pacific to £224m, and by 7% from the Middle East to £46m.

Income from the UK rose 2.5% to £489m, but in the rest of Europe it fell 3.6% to £452m.

Headcount at the firm worldwide fell from 6,217 to 6,173. The reduction is largely attributed to a cut in the number of associates and other fee-earners, whose headcount fell from 2,377 to 2,315.

The total remuneration of the 12 members of the firm's executive leadership group was £15m, up by £1m on the previous year.

The LLP had £102m net cash by the end of April 2016, up from £56m at the same point in 2015.

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

Magic circle firm posts impressive 23% jump in annual profits

Government silent on paperless divorce timetable

The family solicitor who broke the news that divorce proceedings for London and the south-east would be centralised to Bury St Edmunds says that government plans for managing divorces online may not happen as quickly as expected.

Following reports in the national media of a pilot to allow divorce proceedings to be issued digitally ahead of a wider rollout in June, solicitor Tony Roe, principal of Berkshire firm Tony Roe Solicitors, said it would be wrong to think that a complete digitalised divorce process would happen any time soon.

He said: ‘At best only the petition may be available to complete online by the end of the summer, possibly. The government’s “agile methodology” approach to projects apparently means that new processes are built bit by bit, starting with the petition in this case.’

Managing divorces online is part of the Ministry of Justice’s £1bn blueprint for streamlined and largely digital courts, unveiled last year.

The ministry’s consultation paper stated that work had already begun to allow applications to be made and managed online, ‘removing some of the bureaucracy from often stressful and lengthy proceedings and simplifying cumbersome administrative processes’.

Roe said his enquiries had revealed that research has been carried out with ‘end users’, divorcing spouses, about how any problems with the present procedure can be best tackled. This includes working with a specialist accessibility centre to help ensure the service is compliant and accessible for users who need additional features to access the service.

Following conversations with HM Courts & Tribunals Service, Roe said an announcement on a pilot site was due ‘very shortly’. However, any such pilot will require minor rule changes through a practice direction. None has been published, Roe noted. 

‘Excitement and expectation is growing in the family law community, but we need to be patient and await the modernisation programme which seems likely to occur step by step, starting with a likely pilot, a practice direction and only then the first digital petition,’ he added.

A spokesperson for the MoJ told the Gazette that announcements on the ministry’s plans will be made in due course. When asked if the ministry’s plans include provisions for ‘no fault’ divorces, the spokesperson said the law remained unchanged. At present, where a couple has been separated for less than two years, one party must cite fault with the other party.

Last month family group Resolution held a ‘lobby day of action’, whereby 150 family justice solicitors held meetings with MPs to discuss the need for a change to allow no-fault divorces. 

Resolution member Felicity Chapman, an associate at Charles Russell Speechlys in Guildford, told the Gazette that she had seen clients come into her office shocked that they had to apportion blame if they wanted to start divorce proceedings within two years of separating.

Chapman said no-fault divorces would help to reduce conflict and allow couples to maintain their dignity. ‘I have had cases where the client came to me very much of the mind they wanted to do everything amicably and keep conflict out [for] the benefit of the children,’ she added.

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

Government silent on paperless divorce timetable

City solicitor likely to face SRA action after assault conviction

A solicitor convicted of racially aggravated assault can expect to face disciplinary proceedings once he has been sentenced. Alastair Main, 35, was also found guilty of a charge of sexual assault at Wimbledon Magistrates’ Court.

Main, listed on the Find a Solicitor website as an in-house lawyer with City firm Schroders, was charged following events at a London rowing club dinner in December 2015.

It was reported he poured beer over a woman, called her a slut and made reference to her nationality, after she refused to give him a hug.

Main, from Kingston-upon-Thames, then followed her into the ladies’ toilets where he smacked her five times on the backside.

District Judge Barbara Barnes told him: ‘I have to say I did not find you to be a credible or convincing witness.

‘You admit you were drunk. You admit being at various times angry, upset, confused, apprehensive. Your memory of the events of that night may have been affected by the amount of alcohol you had.

‘You admit also you followed [the victim] to the ladies’ toilets. I do not find it plausible that this pursuit by you was just an effort to sort things out.’

The Solicitors Regulation Authority has confirmed it is aware of Main’s conviction and it will await the conclusion of criminal proceedings before deciding on a course of action. All solicitors have an obligation to inform the regulator if they have been charged with an indictable offence.

Sentencing is due on 26 January.

Main was admitted as a solicitor in October 2007 and specialises in corporate finance and financial services.

A spokesperson for Schroders said: ‘We can confirm that Mr Main is currently an employee of Schroders. We don’t comment on our employees’ personal lives.’

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

City solicitor likely to face SRA action after assault conviction

US law firms get taste for cross-border mergers

A rise in the number of international combinations - with London firms featuring strongly - was largely responsible for the increase in mergers involving US firms in 2016, according to figures published today. Consultancy Fairfax Associates reported that 58 mergers had been completed during calendar 2016, up from 49 in 2015 and ahead of the annual average of 50 over the past decade. 

The number of cross-border mergers was 13, up from just five the previous year. Global giant Dentons alone accounted for six mergers, with Costa Rica’s Muñoz Global; Colombia’s Cardenas & Cardenas; Mexico’s López Velarde; Luxembourg’s OPF Partners; Singapore’s Rodyk & Davidson; and offices of Gadens in Australia.

DLA Piper accounted for three of the combinations, with Toronto IP boutique Dimock Stratton; Sweden’s Gronberg Advokatbyra; and Finland’s Peltonen LMR. Littler combined with French firm Fromont Briens. The remaining three mergers involved London practices as the acquired or acquiring firm, Fairfax said.

Domestically, most of the 2016 mergers involved small firms with between five and 20 lawyers. The largest domestic mergers included Husch Blackwell’s combination with Milwaukee’s Whyte Hirschboeck Dudek (144 lawyers), and Fox Rothschild’s combination with Minneapolis firm Oppenheimer Wolff & Donnelly (82 lawyers). California and Florida were the most active states for mergers.

The report predicts 'robust' merger activity for the year ahead, with 10 mergers set to be completed in early 2017. These include Eversheds' combination with Sutherland Asbill & Brennan; Arnold & Porter and Kaye Scholer; Baker Donelson and Ober Kaler; and Norton Rose Fulbright’s combination with Vancouver-based Bull Houser.

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

US law firms get taste for cross-border mergers

Whiplash reforms treat victims ‘like an inconvenience’ – APIL

Claimant lawyers have mounted an all-out attack on the government’s plans to overhaul the personal injury sector as the deadline approaches for responses to a consultation. 

In a predictably hostile submission, the Association of Personal Injury Lawyers (APIL) said the proposals are based on a flawed premise, backed up by scant evidence and will do little to counter what fraud there is in the claims process. It is also doubtful of insurers’ pledges to pass on to consumers any savings they make.

APIL states that the potential removal of general damages for all minor RTA soft tissue injury claims is unlawful, and a proposed £25 payment for psychological harm ‘derisory’. Even if damages were staggered on a tariff system, this would fail to take account of the impact on individual victims.

The group insisted that raising the personal injury small claims limit to £5,000 would restrict access to justice but would not stop fraud.

APIL president Neil Sugarman said the plans force claimants to jump through 'higher hoops' to secure compensation and victimise people through no fault of their own.

‘It’s as if people with injuries which should never have happened in the first place are just an inconvenience which can casually be brushed aside,’ he said.

Even if people were to run a claim without legal representation, APIL suggested, they would be at risk of under-compensation.

The organisation says the emphasis on insurance industry-based arguments suggests a ‘fundamental imbalance’ in the government’s approach and this is ‘profoundly unfair’ on people who have been injured.

APIL's 70-page response questions the assumption that RTA-related soft tissue injury claims are too high and are increasing. It points out that claims numbers registered by the DWP’s Compensation Recovery Unit have fallen 41% since 2010/11.

Any data relating to fraud, suggested APIL, relates to the level of motor and liability insurance fraud in general, overlooking that in 2015 just one out of every 400 motor claims was proven to be fraudulent.

‘The government is naïve enough to believe that the savings insurers will make on paying compensation will result in lower insurance premiums,’ added Sugarman. ‘Insurance industry figures show quite clearly that the industry has made savings of around £500m a year since the last round of personal injury reforms three years ago but premiums have actually increased by 8% during the same period.’

To tackle any problems that exist in the system, APIL backs plans for an outright ban on all pre-medical offers and argues for a ban on cold calling through legislation, as well as action to tackle credit hire, repair costs and storage charges.

The consultation closes at 5.30pm on Friday.

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

Whiplash reforms treat victims ‘like an inconvenience’ – APIL

Unreasonable defendant must face costs consequences

mardi 3 janvier 2017

The High Court has sent another warning message to litigants that they should expect to face costs penalties for unreasonable conduct.

In Barkhuysen v Hamilton, published just before Christmas, Mr Justice Warby said the claimant was entitled to more than budgeted costs due to how the case was handled.

The claimant had succeeded on a claim for £32,080 damages for false imprisonment, slander and harassment, rejecting a claim for malicious prosecution and three alleged slanders, including allegations of bestiality. 

Warby ordered that the defendant should pay 90% of the claimant’s costs – coming to £150,000 – subject to the indemnity basis after finding reasons to depart from the budget.

The judge found the claimant had ‘beaten’ at least one Part 36 offer to settle the claim and ruled that the court did not reduce the costs recoverable even if a claimant failed in some minor respects.

Warby said the case merited indemnity costs due to the defendant making a false allegation that the claimant had had sex with one of her pigs, and her trying to influence the course of justice by threatening a witness with consequences if he gave evidence against her.

Warby said the defendant told a ‘series of serious lies’ in the course of the litigation, including allegations that he threatened her personal safety and drove at her.

The judge said he also had experience of the disproportionate manner in which the defendant conducted herself during litigation, firstly without counsel and then in the manner she instructed her counsel to proceed.

Ruling her conduct was ‘unreasonable to a high degree’, he applied a 10% interest rate to the compensation.

Warby added: ‘If the defendant had dealt with this case in a reasonable and proportionate manner the default position at this stage would be that nothing more than the budgeted costs can be recovered.

‘But if a litigant chooses to litigate mendaciously and, despite the court’s every effort, in a disproportionate way, and if she thereby causes considerable additional costs, the litigant is in a poor position to cavil when confronted with the costs consequences.’

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

Unreasonable defendant must face costs consequences

Law Society chief executive resigns

Catherine Dixon, chief executive of The Law Society, has today resigned after two years in charge at Chancery Lane. She blamed lack of progress made by the organisation’s 100-strong Council in streamlining governance, adding that she 'cannot in good faith continue to be CEO of an organisation which is not prepared to change'.

Society president Robert Bourns said: ‘We are extremely grateful to Catherine for her tireless and effective work for the Law Society as chief executive. Her achievements in the last two years are numerous and include delivering a new strategy and three-year plan, building our influence and thought leadership and promoting member focus at the heart of our work.

‘I note Catherine’s comments on the pace of the governance review. It is important that we press on with changes in order to take the organisation and the profession forward. I aim to use the rest of my presidency to help drive the next stage of the review and propose further changes.

‘We will be announcing plans for the recruitment of a new CEO in due course and in the meantime will focus with Catherine on the substantial work in progress.’

In a letter to Council, Dixon praised the hard work and commitment of employees but added that the lack of progress made on governance reform 'makes this the right thing for me to do'.

She stressed her belief that the Society will not be perceived by its members and other key stakeholders to have changed and to be representative of solicitors and the diverse solicitor profession, without changing the way it is governed.

The Society began a review of its governance, initially headed by Dr Nicola Nicholls, a former private equity executive, a year ago. Nicholls' 28-page report, published last May, contained proposals which included a smaller elected council, cutting terms to six years to increase turnover and the establishment of a smaller main board to take most governance decisions.

In October the Society agreed to establish a main board whose first task would be to review the form and function of other boards and make recommendations to Council for further reforms.

At present Council comprises up to 100 seats for volunteer solicitors representing geographic and special interest groups. It meets in London seven times a year. These seats are open to election on a four-year cycle.

In her letter (see below), Dixon says the Society 'cannot operate in a responsive and agile way' under the present regime. The issue had been been brought to a head by Council's decision to vote against limiting terms and, 'critically', not to begin implementing a new main board until council seats have been reviewed, thus delaying the reform process further.

The Society faces significant potential challenges in the coming months, with the government under pressure to review the system of legal services regulation and attendant funding arrangements enshrined in the 2007 Legal Services Act.  In September last year, umbrella regulator the Legal Services Board unveiled radical plans to create a single legal services regulator and potentially overhaul the title of solicitor.  As part of that blueprint, all ties between representative bodies and regulators would be severed - a split for which the Solicitors Regulation Authority has long been lobbying hard.

In her letter, Dixon counts among her achievements persuading government that now is not the right time for separating the regulators from their representative bodies, while warning 'clearly this could change'.

She adds: 'If the external environment was not so hostile, the Law Society could take its time to review its governance and make any changes at its own pace. However, the organisation does not have this luxury. Others are intent on harming it and the profession it serves. We should not give them any ability to be critical of us - and yet we have, as our failure to change means that we don't have the right governance arrangements to enable us to effectively respond to this hostile environment, leaving us vulnerable at this critical time.'

Dixon took over as Society chief executive in January 2015, replacing Desmond Hudson. She was previously chief executive of the NHS Litigation Authority, which she joined from the National Society for the Prevention of Cruelty to Children, where she was general counsel and company secretary.

Dixon was previously with BUPA, as head of legal and then commercial director of Bupa Care Services, where she took an Open University MBA, and in private practice at Eversheds.

An extract of Dixon's letter to Council explaining the reasons for her departure follows.

Dear Council

I have decided to leave the Law Society. It has been a great honour to be the Law Society's Chief Executive and I do believe that over the course of the last two years we have moved the organisation on and that it is in much better shape than it was when I took over. 

The future

It is my firm belief that the Law Society will not be perceived by its members and other key stakeholders to have changed and to be representative of solicitors and the diverse solicitor profession, without changing the way it is governed.

The Law Society's governance is costly, (over £2 million per annum not taking into account my time or my executive's and staff time in reporting), bureaucratic and does not reflect how successful modern organisations, including membership organisations, operate.

The Law Society, in my view cannot, because of its current governance arrangements, operate in a responsive and agile way. It is impossible, as an effective Chief Executive Officer, to navigate the complex and often overlapping boards, (and sometimes committees), in a way which best serves the organisation and its members. This is not news to Council. When asked to describe the Law Society, you chose the words moribund, old fashioned and bureaucratic, (to name a few), and wanted (as I do), for the organisation to be less bureaucratic and more responsive and agile.

Yet, when Council was given the opportunity to bring about a change as to how the organisation is governed, regrettably from my perspective, it chose to vote against and/or delay such change - even though I know that many of you want to see meaningful change within the Law Society. Council voted against limiting terms - which would have enabled more members of the profession to get involved and critically decided that we cannot start implementing a new main board until council seats have been reviewed.

It had taken Council nearly a year to get to a point where a decision could have been made to start making changes to governance. As any implementation of a main board will not now start until further work has been undertaken on council seats, as optimistic as I am, I fail to see how this work can be completed in a timely way - particularly taking into account the external pressures on the Law Society to demonstrate effective and modern governance arrangements, which should not be underestimated.

I truly believe that the longer term future of the organisation rests with it having in place an effective governance structure. It is competing against hostile organisations which already have agile and effective governance structures in place. If the external environment was not so hostile, the Law Society could take its time to review its governance and make any changes at its own pace. However, the organisation does not have this luxury. Others are intent on harming it and the profession it serves. We should not give them any ability to be critical of us - and yet we have, as our failure to change means that we don't have the right governance arrangements to enable us to effectively respond to this hostile environment, leaving us vulnerable at this critical time.

I have agonised over my decision to leave the Law Society and it is with much regret. However, I do not believe that I can ensure that the Law Society is truly valued by its members, seen as relevant and its longer term future secured, without changes to governance.

I and my executive team, spend a disproportionate amount of time navigating our way through our governance, often reporting and seeking approval at multiple boards and at council. This wastes time and precious resources - which are currently funded by our members (of which I am one). I cannot in good faith continue to be CEO of an organisation which is seemingly not mindful of this and not prepared to change. I want to be part of an organisation with a board and council which works effectively and collaboratively with its executive. I want to take responsibility as CEO and be accountable. For me this means being part of a board which has the expertise, experience and skill sets to oversee a complex multi-million pound organisation. I believe that boards should make collective decisions which their senior executive are party to and which the board stands behind and is accountable for. I don't see the role of a CEO as merely attending and reporting to a board. If this is how council sees the role of the Law Society CEO, (which the agreed main board structure suggests it does), then unfortunately this is not me.

It is for this reason and because of the failure to agree to progress with the creation of a main board that I have decided to leave the Law Society. I cannot in good conscience continue to act as the CEO of an organisation when I do not support the decision by Council not to rigorously pursue governance reform in what I believe is in the best interests of the profession and the organisation. Therefore, just like any accountable board member who does not support a critical decision of that board, I feel that I am left with no option but to resign.

Thank you

It truly has been an honour to serve the Law Society. I have nothing but the greatest respect for all those members who get involved and for the staff who I know are committed to the organisation's success. I do hope that my departure will prompt you to reconsider the current governance arrangements and to progress with making the changes I do believe you all recognise need to be made. I believe that this will help to set up the future CEO for success. However, without meaningful change you will be setting up any future CEO for failure.

I take this opportunity to thank you for your commitment to the solicitor profession of which I am proud to be a member. Please rest assured that whilst I remain CEO, I will continue to discharge my responsibilities to the best of my ability.

I wish you all the best for the future.

This article passed through the Full-Text RSS service - if this is your content and you're reading it on someone else's site, please read the FAQ at http://ift.tt/jcXqJW.
Recommended article: The Guardian's Summary of Julian Assange's Interview Went Viral and Was Completely False.

Law Society chief executive resigns