Renfrewshire councillor successfully challenges disqualification preventing him standing for re-election

By Mitchell Skilling

It was argued by Paul Mack, a councillor on Renfrewshire Council since 2012, that the initial period, which would have prevented him from standing for re-election in the 2022 council elections, was disproportionate.

The appeal was heard in the Inner House by the Lord Justice Clerk, Lady Dorrian, sitting with Lord Doherty and Lord Matthews. Dean of Faculty, Roddy Dunlop QC, appeared for the appellant while Lord Keen of Elie QC appeared for the respondent.

Excessive in the circumstances

One of the complaints against the appellant related to a series of emails accusing other councillors of assisting the daughter of a councillor to obtain a council house, while the other related to an email criticising a decision of the council’s Emergency Board in March 2020 in which he said to another councillor who took objection to his comments that “in any decent society someone would simply have come round to your hoose, amputated your right arm with a blunt spoon and hit you over the heid with the soggy end”.

A hearing panel convened by the respondent in the absence of the appellant, found him to be in breach of the Councillors Code of Conduct and disqualified him from being a councillor, or being elected as one, for a period of 17 months. The appellant successfully challenged the decision in the Sheriff Appeal Court, which ordered a new hearing. The second panel imposed a disqualification period of 16 months, however it noted that the sanction would have 20 months were it not for the fact that the appellant had already served four months of the previously imposed period.

An appeal of the second decision to the Sheriff Appeal Court was unsuccessful. On appeal to the Inner House, the appellant maintained that, while the panel was entitled to make the findings that it did, a disqualification that prevented him from participating in the May 2022 election was excessive in the circumstances. He invited the court to substitute a disqualification of 10 months, after giving credit for the 4 months he had already served.

The position of the respondent was that the sanction imposed was one open to the panel and to the sheriff principal. There had been no serious flaw in the decision-making process and the decision was not plainly wrong or wholly unreasonable. As such, there was no basis for the court to interfere with the decision.

Significant weight

Delivering the opinion of the court, Lady Dorrian began: “We proceed on the basis of the findings made by the panel, including: their assessment that these were serious breaches; that the appellant had no basis for the allegations he was making; that they constituted gratuitous personal abuse; [and] that the breaches were deliberate in nature, intended to be disrespectful, to cause offence and to harass.”

Turning to whether it was appropriate to prevent the appellant from standing for re-election, she continued: “The weight to be given to the fact that a disqualification period extends past the date for nomination for the next election will vary from case to case. Plainly, since the maximum available disqualification is 5 years, the 2000 Act envisages that in some cases an appropriate sanction may, because of the normal cycle of elections, prevent someone from contesting the next election.”

Assessing the reasoning of the panel, Lady Dorrian said: “On the final page of its decision the panel ‘noted’ that a disqualification of that length would preclude the appellant from standing at the 2022 election, but it does not appear to have attached any significant weight to that consideration. Rather, it reasoned that ‘any effect arising from the timing of the election should not obstruct what the panel considered to be the fair, just and reasonable period of disqualification’.”

She went on to say: “In the particular circumstances of this case the proximity of the 2022 election was a very material factor, and we consider that the panel erred in not giving it significant weight. When it determined the sanction on 10 May 2021 the panel ought to have been alive to the fact that it could have selected a headline disqualification period (before allowing for discount) of up to 14 months and 22 days (instead of 20 months) without disabling the appellant from standing in the 2022 election, and that it could have discounted that by just over 4 months to reflect time already served.”

Lady Dorrian concluded: “It is also worthy of note that had the appellant not appealed the first tribunal’s decision he would have been able to participate in the election. That is part of the context in which a proportionate sanction requires to be determined. Unless there are cogent reasons to the contrary (and we see none here), the appellant should not be penalised for having succeeded in the first appeal.”

The appeal was therefore allowed. The appellant’s existing disqualification was quashed and substituted with one of 10 months.

Jim Cormack QC takes on global role at Pinsent Masons

The role involves leading the law firm’s 265-strong LRT offering, which covers common law and civil law jurisdictions, with staff based in seven UK offices and in Dublin, Dubai, Madrid, Munich, Paris and Singapore.

Mr Cormack, who joined Pinsent Masons in 2001, is dual qualified and took silk in 2018, a year after becoming a fellow of the Chartered Institute of Arbitrators.

He said: “I am privileged to have the opportunity to be lead the firm’s LRT team which boasts a fantastic group of partners and legal directors along with our senior finance, HR, Practice Development Lawyers and technology colleagues.

“Our LRT practice is successful and thriving, which is ultimately down to the skill, commitment, hard work and enthusiasm of my colleagues, and having a collegiate and supportive environment within our team.

“I have been a dispute resolution lawyer for close to 30 years now and it is still a job I love doing. There is a thrill in picking up a client’s problem and analysing and deploying a position and to ultimately deliver a solution.”

When not travelling in his global role, Mr Cormack will be based at Pinsent Masons’ new offices at Capital Square in the heart of Edinburgh’s financial district.

Douglas Milne: Local Place Plans – what you need to know

This amended the Town and Country Planning (Scotland) Act 1997 to permit local communities to prepare “Local Place Plans”.

Section 14 provides that before preparing a Local Development Plan, a planning authority are to publish inter alia (i) an invitation to local communities in their district to prepare Local Place Plans, and (ii) information on the manner and date by which the Local Place Plans are to be prepared in order to be taken into account in the preparation of the Local Development Plan.

A Local Place Plan is a plan prepared by a community body, that contains proposals as to the development or use of land, and it can identify land and buildings that the community body considers to be of particular significance to the area. The LPP Regulations set out that one of the matters to which a community body must have regard in preparing Local Place Plans is any locality plan published for the area. A locality plan is defined in S10(3) of the Community Empowerment (Scotland) Act 2015, which states that it is a plan setting out for the locality (a) the local outcomes to which priority is to be given, (b) a description of the proposed improvement in the achievement of the outcomes; and (c) the period within which the proposed improvement is to be achieved.

In general, the LPP Regulations set out the form and content of a Local Place Plan, and the steps required to be taken before submission of a Local Place Plan (notices are to be sent to each councillor for the local place plan area, the community council, and information on the date by which representations are to be made).

The LPP Regulations also set out that the information to be submitted with a local place plan includes:

• (If the Local Place Plan is submitted by a community body) a statement explaining how the community body, in preparing the Local Place Plan, has had regard to the Local Development Plan, the National Planning Framework and (if applicable) any locality plan for the local place plan area.
• A statement setting out why the community body considers that the Local Development Plan should be amended.
• A statement setting out the community body’s view on the level and nature of support for the Local Place Plan and the basis on which the community body has reached that view (including a description of any consultation undertaken).

The LPP Regulations then contain rules relating to the keeping of a register of Local Place Plans, how Local Place Plans can be removed from the register, and how the map of registered Local Place Plans is to be made available for inspection by the public.

Subject to the Scottish Parliament’s approval, the LPP Regulations will come into force on 22 January 2022. The point to note about Local Place Plans is that they can be taken into account in the preparation of the Local Development Plan. Local Place Plans can also contain a statement setting out why a community body considers that the Local Development Plan should be amended. Whilst there is no clarity in the LPP Regulations as to how amending a Local Development Plan would operate, the fact that Local Place Plans have to be taken into account in the creation or amendment of a Local Development Plan provides another avenue by which communities can have their views taken on board in planning decisions (as planning decisions are to make in accordance with the development plan, unless material considerations indicate otherwise). Local Place Plans can also contain statements as to the development or use of land (specific areas of land or particular buildings) and so can therefore allow community bodies a greater degree of influence over, for example, the refurbishment or re-development of locally important sites.

The concept of Local Place Plans is not dissimilar to the Neighbourhood Planning system which operates in England. The difference is that a Neighbourhood Plan forms part of the development plan: as set out above, Local Place Plans do not form part of the Local Development Plan but are to be taken account of.

Further differences between Neighbourhood Plans and Local Places Plans are that a Neighbourhood Plan can be put to a local referendum, and that Neighbourhood Plans are incentivised as communities can benefit from 25% of the Community Infrastructure Levy arising from development in their area. The provisions for Local Place Plans in Scotland are not as wide-reaching.

Douglas Milne is a partner at Morton Fraser. This article forms part of Morton Fraser’s annual Litigation in Scotland report. You can view the full report here.

No FAI into death of woman at Edinburgh hospital

Amanda Cox is believed to have collapsed in a stairwell at Edinburgh Royal Infirmary while looking for painkillers days after having given birth.

The decision of crown counsel was made following discussions with Ms Cox’s family and having regard to the approach taken by NHS Lothian.

Since Ms Cox’s death, significant changes have been made, with a sudden adverse event review (SAER) and the implementation of an NHS improvement plan relating to clinical changes and facilities in the hospital.

The purpose of an FAI is to determine the cause of death and to establish what lessons can be learned to minimise the risk of future deaths in similar circumstances.

Crown counsel are satisfied the reasons for Ms Cox’s death have been established, lessons have been learned and, as a result, an FAI would not be in the public interest.

Katrina Parkes, head of the Scottish fatalities investigation unit of COPFS, said: “The decision not to hold a fatal accident inquiry has been taken in consultation with Amanda Cox’s family, who have suffered a terrible loss, and I would like to thank them for their patience and co-operation.

“NHS Lothian have provided assurance that significant changes have been made since Amanda’s death and I sincerely hope the lessons learned will help prevent similar deaths in the future.”

England: UK government announces legal aid injection of up to £135m

The move follows an announcement this week that 94 per cent of Criminal Bar Association members had voted in favour of industrial action. About 1,800 of a little more than 1,900 members had backed action. The turnout was around 80 per cent of those eligible to vote.

The government announcement matches a recommendation made by an independent review of the system, overseen by Sir Christopher Bellamy QC. When added to the extra £200m each year to speed up the courts system, it will bring total taxpayer funding for criminal defence to £1.2 billion a year.

The financial cap on eligibility for Crown Court defendants will also be removed, ending the so-called ‘Innocence Tax’ which has forced some innocent people to pay their own legal costs despite being acquitted.

The proposed changes to criminal legal aid are in step with the recommendations made by the independent review and are designed to make the legal aid system sustainable for the future. Other changes to modernise the legal aid system include:

• A restructuring of the fee schemes so they properly reflect the work that legal professionals do today
• Creating an Advisory Board, which will represent all parts of the profession, helping shape criminal legal aid policy moving forward.

The changes to the legal aid means test will be achieved by raising the income and capital thresholds for legal aid. This means that over 2 million more people in England and Wales will have access to civil legal aid and 3.5 million more will have access to criminal legal aid at the magistrates’ court.

For the first time ever, legal representation will be made free for all under-18s and parents challenging doctors over withdrawal of their child’s life support, as will legal help for families at inquests where there has been a potential breach of human rights.

Justice Secretary Dominic Raab said: “We owe our whole legal profession – solicitors, barristers, court staff and judiciary – a debt of gratitude for keeping the wheels of justice turning over the last two years.

“That’s why we are accepting Sir Christopher Bellamy’s recommendation for an uplift in fees and a total of £135 million extra investment to ensure legal representation is there for those who most need it as we build back a stronger and fairer society after the pandemic.”

Faculty once again says ‘no’ to any increases in civil court fees

The Scottish government is currently consulting on proposals to increase court fees over the next three years – a two per cent rise during the financial year commencing in April this year with a further hike of two per cent in the next two financial years. In its response the Faculty reiterated that it still believed that as a matter of principle the civil justice system should be funded by the state and not by litigants.

Asked to comment on the operation of the fee exemptions system as it pertained specifically to access to justice for disabled litigants, the Faculty noted that this issue underscored the problem inherent in the system favoured by the government – that there were many people who could not afford to go to court. The level of court fees further exacerbated this issue, it said.

“The Faculty considers that unrepresented litigants are at a substantial disadvantage compared to represented ones. Those who cannot afford to pay for representation are best served by legal aid. Those who cannot obtain legal aid are best served by pro bono, speculative or third party-funded legal representation. All these groups are materially disadvantaged by the current levels of fees. The current fee exemption scheme does not help them.

“The Faculty considers that fee exemptions should not encourage parties to litigate in person. Rather, they should support those who have legal assistance pro bono.”

The Faculty also said it believed environmental cases within the meaning of the Aarhus Convention should be exempt from court fees.

“Environmental cases are one example of litigation in which individuals and groups seek to have the courts hold the executive to account in the public interest. While this is understandably regarded as an inconvenience, it is an important feature of a democratic society. Public interest is present in many challenges to government decisions. Even where a challenge to a government decision does not have a wider public interest, there is such an interest in the state being held in check and restrained from arbitrary exercise of power.

“Most, but not all such litigation is by way of judicial review. The Faculty would support an exemption for fees for lodging petitions for judicial review and reclaiming from refusal of such petitions. Failing such a blanket exemption, the Faculty favours including fee exemptions in the decision-making process of Protective Expenses Orders.”

Supreme Court refuses Assange permission to appeal extradition

He had attempted to appeal on the basis he is at risk of suicide but the justices said the application did not raise “an arguable point of law”. 

His legal team said they were now preparing challenges on different grounds, among them that he was the victim of a politically motivated prosecution.

The case will return to District Judge Vanessa Baraitser, who assessed the original extradition request. She ruled in January last year that Mr Assange should not be extradited because he was a suicide risk. The High Court overturned that ruling after the US government said he would not be held in a high-security jail and that he could serve his sentence in his native Australia.

His solicitors, Birnberg Peirce, said: “We regret that the opportunity has not been taken to consider the troubling circumstances in which requesting states can provide caveated guarantees after the conclusion of a full evidential hearing.

“In Mr Assange’s case, the court had found that there was a real risk of prohibited treatment in the event of his onward extradition.”

Mr Assange faces an 18-count indictment from the US government. He is accused of conspiring to hack into US military databases to obtain secret information about the wars in Afghanistan and Iraq, which was then published on Wikileaks.

The leaks revealed how the US had killed hundreds of civilians in Afghanistan and that 66,000 civilians had been killed in Iraq.

British judges uphold Bermuda’s ban on same-sex marriage

The JCPC, based in London, is the highest court of appeal for British Overseas Territories (BOTs) like Bermuda, as well as some independent Commonwealth nations such as Jamaica and the Bahamas.

Its 4-1 ruling overturns a previous 2017 judgment from the Supreme Court of Bermuda, which said the state’s refusal to register a marriage between two men constituted discrimination on the basis of sexual orientation.

The subsequent 2017 elections brought a change of government, with the new ministers introducing a law replacing same-sex marriage with domestic partnerships. A legal challenge to the new law was successful in the Bermudan courts but the government appealed to the JCPC in 2019.

The JCPC said: “No restriction is placed on the worship, teaching, practice and observance of the respondents which manifests their belief in the validity of same-sex marriage. The protection of a ‘practice’ does not extend to a requirement that the state give legal recognition to a marriage celebrated in accordance with that practice.”

Harper Macleod commits to more modern apprentices

There are currently 32 of its staff who are working towards, or have completed, their modern apprenticeships.

More than 75 per cent of the modern apprentices who started or achieved their qualification while working for the firm, are still working for Harper Macleod, meaning more than 10 per cent of the firm’s workforce came through the programme.

Martin Darroch, Harper Macleod chief executive, said: “Having a culture of developing and supporting people throughout their careers, particularly from the outset, is vital to us. By actively promoting and encouraging young people to join us as modern apprentices we are able to craft and hone skills in a unique way.

“We recognise the responsibility we have as a large employer to our young people, as the Scottish economy continues to recover from the pandemic. The modern apprenticeship programme has proved time and time again how effective the partnership between industry and education can be, encouraging and promoting rich and diverse career pathways.

“We’re proud of the work we’ve done together so far, but want to do more as our business grows, and so does the responsibility which goes with it.”

Harper Macleod was one of the first law firms in Scotland to start supporting the modern apprenticeship programme, having brought through more than 70 apprentices since 2009, including nearly 50 in the last five years. Many have gone on to a wide range of careers within the firm including paralegals, HR and marketing.

All modern apprentices at the firm are offered full time contracts as well as the Scottish Living Wage.

The firm marked this year’s Scottish Apprenticeship Week with a visit from Scottish Conservative MSP Dr Sandesh Gulhane, who met 10 current and recent modern apprentices at the firm, presenting certificates to those who have recently achieved the qualification. The MSP also chatted with colleagues based in Inverness, Elgin and Edinburgh via video conference.

Dr Gulhane said : “I am grateful to Martin Darroch for welcoming me to Harper Macleod to mark Scottish Apprenticeship Week 2022. I was impressed and inspired by the stories told to me by current and former apprentices. As our economy recovers from the pandemic, the modern apprenticeship pathway presents a great route for young people to enter their chosen profession, working with a living wage paying employer like Harper Macleod which provides training, guidance and real-world experience.”

Aidan Arenas is a modern apprentice in the firm’s Inverness office, working in the private client team. He chose a modern apprenticeship as it provides him with the opportunity to be employed while working towards a qualification in the process.

Aidan said: “I feel like I’m doing a valuable job and earning a qualification that’s industry-recognised while earning a good salary. I’d recommend it to others who are thinking about a modern apprenticeship as it allows you to gain skills that you might not have gained elsewhere. It puts you in situations and scenarios that you just can’t teach.”

Quote of the day

A mere life of ease is not in the end a very satisfactory life, and, above all, it is a life which ultimately unfits those who follow it for serious work in the world. In the last analysis a healthy state can exist only when the men and women who make it up lead clean, vigorous, healthy lives; when the children are so trained that they shall endeavor, not to shirk difficulties, but to overcome them; not to seek ease, but to know how to wrest triumph from toil and risk.

Theodore Roosevelt

And finally… boy racer

After a long pursuit, a 21-year-old man was arrested by officers from Kent and London on suspicion of multiple driving and drug-related offences, KentOnline reports.

The only driving license the man could produce was allegedly a plastic card from the “Legoland Driving School”, issued when he was a toddler in 2003.

A large amount of cannabis was also allegedly found in the vehicle.

The man is now facing prosecution for dangerous driving, failing to stop, possession of a class B drug, driving with no insurance and driving with no licence.

Scotland’s only independent provider of commercial dispute resolution funding marks 10-year anniversary

As Restitution marks its tenth anniversary, it reflects upon the market and how its business model has evolved.

• The need for commercial third party funding in Scotland has grown considerably in the last 10 years
• The number of cases reaching court are reported to be around 10,000 less than 10 years ago
• The economic impact of coronavirus and the attack on Ukraine will be far-reaching - one of the specific consequences is a likely rise in the number of legal disputes resulting from the disruption to businesses and individuals

Restitution offers commercial, insolvency litigation, mediation, arbitration and adjudication funding, setting itself apart in the market. Since being formed in 2012, the company has gone from strength to strength within the dispute resolution funding market and has become much busier in recent years as the market has matured and welcomed the value of its offering.

Frances Sim WS, General Counsel for Restitution Ltd, states the need for commercial third party funding in Scotland has grown considerably in the last 10 years.

“If a claim is meritorious, with strong prospects of success and a good route to recovery from the defender then we will offer funding. We don’t operate a target driven approach and this works as a business model as we are relatively small and thus only fund cases we believe in.

“The number of cases reaching court are reported to be around 10,000 less than they were when our business was founded. There are many reasons for that, including the very welcome increase in alternative routes including mediation and arbitration. However, even with these alternative processes in place, securing the finance required to pursue a dispute through legal means – including concerns about the possible adverse award of expenses - remains a huge challenge and that’s where we can assist.

“Third party funding can also provide another means of helping provide access to justice. Third party funders invest in existing or prospective cases – often those which might otherwise not be able to be pursued – to enable their clients to progress their dispute. While this form of support was traditionally suited to larger and more complex claims, its model has changed in recent years. It is now geared for a wider range of claims and is more accessible.

“The economic impact of coronavirus and the attack on Ukraine will be far-reaching and affect businesses across multiple sectors on many different levels. One of the specific consequences is a likely rise in the number of legal disputes resulting from the disruption to businesses and individuals.”

Examples of Restitution funded cases include a case involving a Scottish businesswoman who received a substantial settlement after being systematically excluded from the family business in which she was a director. Without funding the other shareholder’s unjust and underhand behaviour would have gone unchallenged. Another case saw Restitution provide backing for a property developer who fought proceedings brought by a major Scottish bank.

Frances continues: “Our business was way ahead of its time when it first started 10 years ago in terms of our service offering. The whole market has developed and changed in that time within the legal profession, including the introduction of the availability of group proceedings (also known as class actions) and damages based agreements, the reduced scope of civil legal aid and ‘no win, no fee’ arrangements in recent years, all of which our business continues to adapt with.

“Our offering is structured on a case by case basis and funded by private investors. If the claim is successful the investment is repaid together with an agreed share of the money recovered. The level of funding offered will always be tailored to the requirements of the claim itself, the duration of the case and the budget. If the case is unsuccessful, our investment is not repaid.”

One of the major investment funders working with Restitution is well known Scottish business owner Donald Houston.

Donald said: “Having been told some years ago by a very senior judge that “there is no such thing as justice – only the law – and access to the law is not affordable to most” and, having been in that position myself some years ago, I looked at a way of trying to mitigate this unfortunate reality of the system we find ourselves in.

“Being able to help genuine cases have a fair hearing and access to justice is extremely rewarding. I, along with others, provide funding for claims that present a good strong case, be it someone who genuinely can’t afford the fees, it might be a distressed situation or one with a balance of equity, so one with good prospects to success will merit a case and a root to recovery.

“It would be great if every genuine case could be heard but at least third party funding is making inroads and helping many cases gain justice.”

Property Market – A Perfect Storm for Fraudsters?

A report on money laundering activity showed these fears to be well founded, as property fraud was a key theme with £200 Million of criminal activity in 2020.

Many of these cases relate to transactions where a criminal purports to sell a property without the knowledge or consent of the proper legal owner. Where they are successful, a legitimate buyer and their lender can face enormous losses.

Protection against this type of loss is provided by Stewart Title’s Fraud Solution Policy. This policy offers safeguards against losses arising from fraud for buyers and their lenders where a criminal successfully impersonates the owner of a property. Cover of up to £1,000,000 is available for residential properties in England, Wales and Scotland with premiums starting at £28 (inclusive of IPT).

Solicitors acting for buyers are also protected as all rights of subrogation are expressly waived so their Professional Indemnity Insurance is protected.

Policies can be ordered online at: www.stewartsolution.com. Where cover is required for all of a firm’s buyer and lender clients, it is also available as a Block Policy.

For more details, please contact:

John Logan
Country Manager
01698 833308
john.logan@stewart.com

Elizabeth Birrell
Business Development Executive
07940 513681
elizabeth.birrell@stewart.com

Choosing your Legal Software provider – It’s all about Trust

We understand that it is our job is to listen and to learn and then show you that we understand how you practice and the process problems that you face before we would ever ask you for a decision on our software. But we don’t just do that at the point of sale; we keep listening. Our desire to keep improving means we must keep listening. Your feedback on how the system is working for you and what we can do to improve it is fundamental to our business.

Here’s just some of the ways we build Trust.

Price

Some would say that if your pricing isn’t transparent, lawyers (just like everyone else) will get fed up trying to figure out if the product is value for money. You’ll see comments online telling businesses like ours to display our price prominently online – we don’t. We can’t!

You see the truth is, we’re just like you. It’s like being instructed by a client. Ideal scenario would be to tell your client exactly how much your services cost straight off the bat. However, throughout initial consultancy and the onboarding process things change, new info comes to light and only then can we give a realistic price. The benefit we have is once we’ve navigated those hurdles it becomes simple. We can guarantee we have the most competitive pricing model in Scotland. Suitable for firms of all sizes, whether you’re starting out, introducing software for the first time, or looking to change.

Proving it works

Our job is to show you that the software not only works but helps – massively! We’ll point you to case studies and put you in touch with firms using our software.

We need to demonstrate that we understand your problem. Tell us what you need and then let us customise our demonstration for your firm to show you the product in action.

Approaching your challenges holistically

You want the new software to predictably fit into your workflows, and not raise new concerns. You are also worried that it will require a process overhaul and lengthy training before you can reap the benefits. If it requires that you change the way that you do business, then you’re less likely to try and properly buy into using the new platform. The impact on your practice needs to be predictable and you should not have to contend with major disruption to experience the benefits.

Ease of use

You do complicated work and, in many cases, have complicated demands. That doesn’t mean you want complicated software. Lawyers are accused of being averse to trying new tech. However, that’s not a description of lawyers, that’s a description of people! To succeed, technologies in any sector need to be better than the existing approach by a considerable margin. So, to help you understand the benefits, we make our software platform, CaseLoad, familiar and simple to use. If you can’t figure it out within 10 minutes (without any instruction manuals) then it’s too complicated.

Keeping our solutions in search of problems

We know most lawyers are less interested in being “cool” and more interested in being productive, so we bring you solutions rather than the other way around. Of course, you’re interested in new technology that solves problems you encounter every day in legal practice: writing, billing, collecting, client relationship management, etc. All we ask is you show us what you currently do to get through the day. We then get you there - faster.

Let’s get you home on time

I can guess where you don’t want to be at 7pm! Just like everyone else, you don’t want to be in the office! So, while working on our software we’re acutely aware that it must solve challenges in your everyday practice. We know you often have to work late…it’s because you’re busy. If we can help you save time on legal work and help you leave at 5:30pm instead of 7pm you might just buy our product.

Permanency

There has been a burst of activity in the legal software market of late, and lawyers tend to wonder whether the extraordinary growth a company like Denovo has had is sustainable. It is a serious question. If you do like our product and company, will it have longevity? This is one of the many reasons that lawyers return again and again to the big name companies, despite that they may often be lagging in terms of innovation or having the ability to customise their software for Scottish firms. We want you to trust us with your problems, so we’ll tell you candidly about our past and future.

If you think this approach would work for you call us on 0141 331 5290, denovobi.com or if you would prefer to write to us our email is info@denovobi.com.

Pitching your business to the Dragons  

Looking at the questions the Dragons fire at applicants in the hit TV show Dragons Den, it’s clear that whatever your ambition, whatever your business project, you need to understand the mechanics of your business before anything else - whether you want investment or simply want your business to succeed. Time and again the same questions are asked by the Dragons to those looking for investment. And time and again entrepreneurs and business owners come up short when it comes to the numbers.  

It may or may not surprise you to know that 70% of businesses don’t know their key numbers – P&L, KPIs, cashflow projections, fees in, fees out, gross profit, net profit, wage bill, etc. We also know that many law firms tend to work their numbers out manually on spreadsheets. Incredible really when there are so many tools available to make that part of a lawyer’s life a hell of a lot easier. And would make your pitch to Peter and Deborah a little less tense!

Cringe!  

We’ve all been there. We’ve all sat in front of the telly with bated breath waiting to hear if the person under the spotlight can confidently talk about (DUN, DUN DUN) THE NUMBERS!! You’ve probably cringed as much as we have when you hear applicants stumble and struggle over the financials of their business.   

Picture yourself in a room with the Dragons. Would you be able to hold your own, get the numbers right and get a much firmer footing to secure an investment in your law firm? 

Now picture yourself in a room with your partners.

Pitfalls  

Let’s start by looking at all the pitfalls of not knowing your law firms’ numbers… 

Managing finances can be a challenge. Not having the experience or the time to dedicate to your firms’ finances means that many law firm owners don’t feel in control of them.  

To be blunt, not knowing your firms’ numbers could result in the failure of your business. Finance is really the overall health of your law firm – is your law firm getting its five a day or is there a giant heart attack coming!  

Benefits  

Now, let’s look at all the benefits of having support to manage and know your numbers inside and out… 

Cashroom clients receive many benefits using their Management Accounts service. Budgets, cashflow projections and monthly management accounts are crucial to knowing where you are and predicting where you are going. 

Tracking profit and loss

One of the fundamentals for any business owner - are you making money from your labour? There are of course businesses that exist as not for profit but for most business owners the whole point of the firm is to make a living. Do you know whether you are profitable on a month-to-month basis? This is not merely as simple as having money in the bank to pay the bills, employee wages, and the myriad other costs of business and your system generated reports alone may not be enough for you to determine how profitable the business is. A good practice management system, like Denovo’s CaseLoad, allied with professional assistance from a Cashroom accountant can help you to track profitability on a monthly basis, which neatly leads to… 

Identifying business trends  

Do this regularly! You will never have a proper handle on your finances if you are only looking at them once a year for compliance purposes. Your business might not be at the stage of needing a full-time experience finance professional, but you can set up a monthly meeting with Cashroom’s Management Accounts team to give you that value add and experienced insight into your finances. Do you know how well each work type is doing? Do you have any seasonality within your business? Do you know if your business is growing, treading water, or contracting? Regular and appropriate management information can assist you with understanding your business in additional detail. 

Performance Management  

You can use regular financial analysis and data to view how each individual at your firm is contributing to the success (or otherwise) of your business.

You can create financial targets for billing and utilisation amongst many meaningful metrics and targets to performance manage your employees. If you are trying to grow your business, visible and comprehensible management information will let you know when it is time to invest your hard-earned cash into people, processes or workstreams.  

Future planning  

There will always be business issues that need to be addressed today, but when it comes to your finances, you also need to be able to plan. Will there be a shortage of cash coming down the track from poor credit control, a significant VAT or PAYE liability, an income or corporate tax liability, or from a downturn in business. If you are not planning financially then it is easy to run into difficulty very quickly. The most successful firms always have an eye on the future.  

Seeking investment

Amongst many things businesses have become more aware of from the Covid-19 pandemic, one key issue has been access to finance. Whether that has been freely available government support or additional support from funding providers there is generally a need to demonstrate solid underlying financial performance to even agree a bank overdraft. If the firm is looking for external investment or loan funding to expand or carry out particular projects, it is vital to have up to date financial information. No Dragon would be remotely interested in investing in a business that was unable to demonstrate its current financial performance, let alone the expectations for the future. If you do nothing else, please consider these top tips and ask yourself if you’re happy that you have the necessary financial information to run your firm successfully.   

If you want to learn more about Denovo’s integration with Cashroom and get support to know your numbers inside and out from the most intelligent legal software and service providers in the country, visit denovobi.com/Cashroomintegration , email info@denovobi.com or call us on 0141 331 5290. 

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We can provide the following:

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Our Stewart Solution application enables you to get a quote for more than 150 title risks in three easy steps. Our technology can reduce time, costs and the risk of errors, streamlining your practice.

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Our knowledgeable Underwriting Team is available for more complex matters or where you need to discuss your transaction.

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We approach working with our clients as a partnership – responding quickly to your needs, understanding the problems you face and providing prompt solutions to help resolve potential issues.

Contact us to discuss your transaction. We would be pleased to assist you.

Elizabeth Birrell

07940513681

elizabeth.birrell@stewart.com

www.stewartsolution.com

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