Understand Your Rights. Solve Your Legal Problems
The Clearway Group has secured a £23 million funding package to support its growth strategy. The company - a vacant property service business that provides technological solutions (such as alarms and CCTV) – raised the money from the banks Santander and BGF.
DLA Piper, CMS Cameron Nabarro McKenna Olswang LLP, Alternative Avocats and Reed Smith advised as part of the transaction.
This operation also led to the acquisition of Protim, a French group, by The Clearway Group Limited. In this deal, in the United Kingdom, The Clearway Group was represented by DLA PIPER with James Kerrigan. The shareholders of the Protim group were represented by Alternative Avocats (Olivier Savelli).
Reed Smith had advised Santander with Monica Barton, and Cameron McKenna Nabarro Olswang LLP advised BGF with Doug Land and Michelle Kirkland.
Interview with Olivier Savelli at Alternative Avocats
Why do you think your firm was ideal for representing Protim Group?
Protim Group has been developed by a French individual who was not familiar with international transactions. I have been working on worldwide deals for almost 20 years – I spent 12 years at the Paris office of Proskauer (I was International Corporate Counsel) and then decided to create my own law firm, Alternative Avocats. The purpose of this law firm is mainly to assist French clients in their international deals as well as foreign companies in their activity in France, either in the context of M&A or for international agreements, joint venture, disputes, etc. This background was crucial in the context of this deal.
Were there any unexpected challenges in this transaction? How did you overcome this?
There were two prongs in this deal. The corporate one on which I was involved was rather straightforward. However, the financing one (for The Clearway Group to raise £23million) was trickier and both prongs were closely interrelated. So we sometimes had to also manage the financial side of the transaction in order to close the deal.
What are three key things you must be aware of before advising on a transaction similar to this one?
UKWSL continues its rapid expansion in the UK waste, recycling and resource management market and announced the acquisition of 707 Ltd trading as “707 Resource Management”.
Otley based 707 Ltd is a nationwide waste broker providing management, collection and recycling services to all types of businesses and commercial organisations. The company services in excess of 2,800 customers across the UK and has an annual turnover of approx. £4 million per annum.
Commenting on the acquisition, UKWSL’s Managing Director, Max Kanda, said:
“I would like to welcome 707 Resource Management customers to UKWSL. I am confident we will provide them with further commercial and environmental value, whilst maintaining our unwavering focus on delivering an unparalleled customer experience. This announcement demonstrates UKWSL’s commitment to continued growth, both organically and through targeted acquisitions, where we can realise commercial and operational synergies and add value for customers.”
UKWSL were recently named as the 2nd fastest growing waste and resource management company in the UK (Catalyst Corporate Finance Fast 50). UKWSL has a turnover in excess of £25 million per annum and works across an array of sectors including retail, hospitality, transport & distribution, manufacturing and public services. Well-known brands that UKWSL works with include Scope, TUI, Marston’s, Ask Italian, Zizzi and Roadchef.
The Blackstone Group has acquired 100% of the Spanish gambling giant.
With there being doubts to whether or not Cirsa would be bought this year, Founder Manuel Lao Hernández announced that he had reached an agreement with The Blackstone Group to sell 100% of his company.
Even though the amount was not disclosed, it is estimated that Cirsa is worth between 1,500 and 2,000 million euros. Blackstone will now take ownership of Cirsa's casino, bingo and sports betting operations across Spain, Italy and Latin America.
In Panama, Tapia, Linares and Alfaro had advised Blackstone Group with Fernando Linares, Mario E. Correa, Eloy Alfaro, Magdalena Arias and María del Pilar Diez.
Once the deal is complete, Cirsa’s CEO Joaquim Agut will be appointed as the new chairman.
Mijares, Angoitia, Cortés and Fuentes, Tapia, Linares and Alfaro, Philippi Prietocarrizosa Ferrero DU & Uría, Battle, Headrick Rizik Álvarez & Fernández, Bonelli Erede Pappalardo, Bennani & Associés and Garrigues, were amongst those who had advised on the deal.
GSK Stockmann’s Luxembourg office advised EQT pertaining to the merger of the two leading hearing aid companies. With a comprehensive, multi-channel sales and distribution platform in more than 125 markets and combined revenues of approximately EUR 1.6 billion the new hearing aid company will become a top-three contender globally.
EQT funds, owners of Sivantos Pte. Ltd. and the Tøpholm and Westermann families, owners of Widex A/S, announced that they have agreed terms to merge the two companies. It is a strategic merger of equals and will create a global hearing aid leader with combined revenues of approximately EUR 1.6 billion and more than 10,000 employees worldwide.
The transaction values the new company at an enterprise value of more than EUR 7 billion and is subject to regulatory approvals and other customary closing conditions. The combined entity will be owned by EQT funds, including co-investors, as well as the Tøpholm and Westermann families of Denmark.
GSK Stockmann (Luxembourg) advised EQT as to Luxembourg law with view to the creation of the merger structure, drafting of transaction agreements, assistance with view to the financing arrangements and by providing overall Luxembourg corporate law advice.
Both Justitia Advisory Ltd in Cyprus and Bahas, Gramatidis & Partners in Greece have a long tradition of providing quality services to foreign clients when they face legal issues in these countries. Further, through the extensive international legal network of the World Law Group, of which Bahas, Gramatidis & Partners is a member, they are in a position to assist their clients with expert local advice in 65 countries. We speak to their CEO, Yanos Gramatidis on which sector is booming in Greece.
As Honorary President of the American Chamber of Commerce in Greece, what are your aims for 2018 to improve American-Hellenic commercial and financial relations?
I am always involved in various activities as i.e. conferences, business delegations aiming at the fostering of the business relations between Greece and the US as well as between Cyprus and the US. In the frame of such activities, we encourage US foreign direct investment in Greece and Cyprus.
What are common issues your clients have when you are assisting them in foreign matters?
Our US clients (and others outside the US) are in need of information and legal assistance on issues, such as: the establishment of a subsidiary in Greece or Cyprus; the procedures involved in M&As; the review of commercial agreements with Greek or Cyprus counterparts as to their compliance with local laws; the tax parameters when it comes to business activities in Greece or Cyprus and, the litigation process when it comes to debt recovery, or to resolution of various commercial disputes etc.
From the above, what could be done to change this and prevent such issues from occurring?
As to the simplification of procedures relating to the establishment of a subsidiary or conducting an M&A deal in Greece or Cyprus, or as to the establishment of a business relationship with local partners in these countries, we inform clients of the most efficient way to achieve their goals -taking into account the reforms programme taking place in both countries. Further, we navigate safely and efficiently our foreign clients in the Greek or Cyprus administrative reality and we manage them to be benefited from our long cooperation with the administrative and judicial systems in the above countries.
Out of all the fields you advise on for clients, which do you think is currently the strongest for Greece, for the business community to be aware of?
A very interesting and actually booming sector of the Greek and Cyprus economies, is real estate. There are tremendous investment opportunities for foreign investors in Greece and Cyprus as the prices of properties are very attractive; and the two countries have introduced serious incentives in this sector as i.e. the acquisition of a permanent residence permit through the purchase of real property in both countries and even the acquisition of a Cyprus passport through the conclusion of an investment in Cyprus.
Yanos Gramatidis
Of Counsel
Bahas, Gramatidis
26 Filellinon street
105 58 Athens
Greece
e-mail: y.gramatidis@bahagram.com
www.bahagram.com
Yanos Gramatidis is the CEO of Justitia Advisory Ltd, a legal consultancy operating in Nicosia, Cyprus. He is also Of-Counsel of Bahas, Gramatidis, and is leading its Government & Privatisation practice. He is extensively involved in complex M&A and privatisation projects, advising both the government and the private sector. Yanos has a strong corporate and commercial practice advising clients as Mars, United Airlines, Whirlpool, Praktiker, Attica Bank, Boeing Capital Corp. and others.
Bahas, Gramatidis & Partners is dedicated to providing the highest quality legal services. We believe that, to serve clients effectively, a law firm must meet clients' needs for both today and tomorrow through a business-oriented, practical application of our diverse skills.
Alivira Animal Health Limited (Ireland), a wholly owned subsidiary of SeQuent Scientific Limited (Mumbai), acquired 100% of the shares in Bremer Pharma GmbH (Germany) from Cadila Healthcare Limited on 17 April 2018.
Bremer Pharma is a veterinary health company in Germany with a portfolio of over 400 products across Europe, Far East, MENA, Russia & Africa operating in vitamins, antibiotics and hormones.
KPMG Law and KPMG AG (Germany) advised Alivira / SeQuent within the acquisition of Bremer Pharma via:
Legal Due Diligence, drafting and negotiation of share purchase agreement (SPA):
Maximilian Gröning (lawyer, Partner, KPMG Law Düsseldorf)
Andrea Bruns (lawyer, Senior Manager, KPMG Law Leipzig)
Julia Jakobs (lawyer, Senior Manager, KPMG Law Frankfurt.)
Tax Due Diligence, tax assistance in SPA
Christian Wotjak (certified tax advisor, Director, KPMG AG Leipzig)
Ruxandra Maria Pietzsch (certified tax advisor, Manager, KPMG AG Dresden)
Marcel Burow (certified tax advisor, Associate, KPMG AG Dresden)
Aliff Fazelbhoy was not the typical grade A student. After getting mediocre marks in his graduate studies, Aliff paved a path into the legal sector. But how did he do it? With the legal industry being highly competitive, Aliff shares how self-belief mixed with sheer determination made him conquer the legal sphere.
What inspired and motivated you to take up law as a profession and what keeps you motivated?
Call it destiny or fate or chance. I am a great believer that destiny has a few things planned for all of us, but these plans need to be put into action and that is up to each individual.
As a 19 year old commerce graduate with rather poor marks, I had no clue what I would do in life other than join our family business and sell auto spare parts. A friend, also from a business family casually mentioned to me that he was enrolling in law as his dad told him it may help in the business. I had read a few books on high profile legal cases and business law was one of the few subjects during my graduate studies where I did well… That’s how I ended studying law at the Government Law College (GLC) in Mumbai.
That decision changed my life. Within the first month of attending law college, I knew I had found my calling and that there was no looking back.
My late grandfather was my inspiration. He was by all accounts a super solicitor who rarely lost a case. Unfortunately, he died a year before I was born. On a lighter note, my late mother was delighted when I took up law as she believed I was her father’s double to follow in his footsteps.
In September this year, I will complete 30 years as a lawyer and there has not been a day that I have been bored at work. The varied nature of work I do ensures this. That, and the simple “thank you” or “job well done” note that I often get from clients after a matter or a deal is closed to their satisfaction is what keeps me motivated on a daily basis.
You are a gold medalist from the Mumbai University. What challenges have you faced during your education? How did you overcome them?
Being an albino by birth, I have low vision being about 10-15 of normal sight. This was my biggest struggle in school as I could not read the blackboard and being white and rather skinny and small at the time, had to face a lot of teasing; unfortunately, my grades throughout school and graduation were also nothing to write home about.
My mother, also an albino, was a great social worker and did tremendous work for the blind and multiple sclerosis in her life time. Deep down I knew I could achieve something. At GLC, we only had morning lectures and so simultaneously with studying law at GLC, I worked at a small law firm run by two brothers. My senior Munir Visram was my biggest mentor. He gave me so much self belief and confidence in my abilities. In my final year LLB exams, I stood first in the entire Mumbai University and was awarded three gold medals. I followed that up with a first rank in the Solicitors exam, getting top marks in all five subjects and earning a full scholarship to do my LLM at Cambridge University.
What challenges have you faced during your career? How did you overcome them?
Initially, I always wanted to be a litigator and argue my own cases but soon realised that I would not be able to do full justice to this, due to my low vision. In those days during the 1980s and early into the 90s, computers were scarce and we had to make do with manual typewriters and standard small fonts and bad ink. Books were also in small print and while studying with the help of a magnifying glass and similar aids was manageable, reading big briefs with bad printouts and arguing in courts having to refer to these was very difficult. Thus, though I did successfully handle many litigations during my early career, and I have some quite fascinating anecdotes, once again destiny played a role and I moved into becoming a corporate and tax lawyer.
Once I completed my masters in Cambridge, I worked in a city firm in London for a few months. They then introduced me to Mr. Bijesh Thakker of Thakker & Thakker (T&T) who offered me a job a year later. I thus moved from a litigation and arbitration practice to corporate and tax law. Bijesh was my second mentor who trained me to service large multinational clients and handle the most complex of deals.
With the growth of technology, reading and working on documents became much easier and being a corporate lawyer was much more manageable and very satisfying for me.
How do you measure success and what skills are vital in setting up a successful legal practice?
To me success means many things of which making a decent amount of money (not necessary millions) only plays a small part. I measure my success more by my reputation as a thorough and honest professional who always has their client’s interest at heart before my own, the respect I have among my peers and my juniors, and the ability to have a reasonable work life balance.
You need a lot of dedication and hard work to build a successful practice. There are no shortcuts. In the initial years of my career, I had to put in long hours, do whatever it took to learn and absorb the art of ‘lawyering’ from my seniors and peers and then find my own niche practice areas.
One of the primary skills that I think is vital in building up a successful practice and to keep a client happy is the ability to understand what the client needs. Once you understand that, finding the answers, both legal and practical becomes much easier.
The other very important vital skill in running a successful practice is the ability to earn the respect of your juniors and peers and keep your organisation motivated to deliver a great work product to your client. There is no magic formula for this; no one is perfect. Each firm and each individual is different and they each have their strong and weak points. You have to learn to respect that and see more of the good qualities and focus on these rather than the weaknesses.
The ability to mentor your juniors and have a high level of loyalty are also key to building up a successful practice.
As a professional on the matter, what would you say is the biggest tax issue that businesses in India face today?
While there are many, many tax issues that all businesses face, the uncertainty in the law and fear of the unknown is perhaps the biggest challenge in structuring your business or a deal.
Things were far simpler in the late 1990s and early 2000s as there was more certainty in the law, and despite the relatively higher tax rate, in general people at least knew where they stood.
Today, the government wants to tax anything and everything and even when the Supreme Court rules in favour of a tax payer, the Government cannot stomach a loss and they change laws retrospectively.
While the government says they will simplify laws, they actually over complicate it. Look at the new provisions on things such as anti avoidance, indirect transfers, transfer pricing, place of effective management and deemed transfers, just to name a few. The concepts are fine and generally accepted world over, but the drafting of the law in India is so complicated that no one really knows how these provisions will be interoperated by the taxman, the courts and then the legislature, who will change it again. Things get more chaotic when high courts in different states pass conflicting judgments on the same issue and then the Supreme Court takes its own time in clarifying that. One of the prime examples of this being the characterisation of payments for use of software. The controversy has been going on for at least two decades and the matter has been pending in the Supreme Court for over 5 years with no clarity on the subject.
Is there anything that you would like to add – any advice to young and aspiring lawyers?
The world is a much tougher place now and you have to work that much harder to rise – do not go for short term gain or by glamour, patience is a virtue and keep realistic goals and expectations. Most importantly, have self belief.
Aliff Fazelbhoy
Senior Partner
Tel: +91 22 4001 0000
Fax: +91 22 4001 0001
Mob +91 9820001203
Aliff is recognised as one of the leading lawyers in his chosen fields of practice being M&A, tax and employment law. Aliff has consistently been recognised as a leading lawyer by various publications in all these fields. Besides his strong M&A and private equity practice, Aliff has been instrumental in recent years in building up the Firm’s tax and employment practice
ALMT Legal is a dynamic and progressive full service Indian law firm that provides high quality Indian expertise with an international capability. With approximately 70 lawyers and 20 partners across offices in strategic commercial centres like Mumbai and Bangalore, ALMT has an established reputation as one of India’s top bracket full service firms.
Earlier last year, the high court approved the first court contract of public interest (CJIP) signed October 30 between the National Financial Prosecutor (PNF) and HSBC Private Bank, the Swiss subsidiary of the UK bank. Signed with the French National Financial Office, HSBC Private Bank agreed to pay 300 million euros, recognising that their actions revealed existence of money laundering tax fraud. Would such an occurrence happen under the UK or US authorities? Here, Christian Urrutigoity, Paralegal, Byrne and Partners LLP, compares the three systems, and if the French ‘uncooperative nature’ hinders such investigations.
On the 14 November 2017, the Cour D’Appel de Paris approved a Convention Judiciaire d’Intérêt Public (“CJIP”) between the French National Financial Prosecutor, Parquet National Financier (“PNF”) and HSBC Private Bank (Suisse). This agreement is the first CJIP entered into by the French authorities since the “Law regarding transparency, the fight against corruption and the modernization of economic life” (better known as the “Loi Sapin II”) was passed in December 2016.
The investigation revealed that between 2006 and 2007, HSBC had offered certain banking services while it had access to information enabling it to know, or suspect that certain clients used those services in order to conceal their assets from the French tax authorities. As part of the CJIP, HSBC undertook to pay €300 million in order to avoid a conviction. The settlement was made up of €158 million public interest fine, which represents the maximum allowable fine of 30% of the Bank’s average annual turnover over the previous three years, and €142 million for the French State. The €158 million fine is divided between €86.4 million of disgorgement of illegal profits and a €71.6 million additional penalty.
Franco-Anglo-American Comparison: How Important is Cooperation?
At first glance, all three systems appear to be similar. The CJIP, much like the US and UK DPAs, allows a company to negotiate a settlement with prosecutors and avoid a criminal conviction by demonstrating good conduct, whilst individual representatives of that company can still be prosecuted and face separate sanctions. Although, somewhat surprisingly, the French CJIP model appears to resemble more closely the newer and still largely untested UK regime rather than the well-established US model, by requiring the approval/intervention of the courts before an agreement can be entered into[1].
In the UK, Lord Justice Leveson in his final judgment approving the first UK DPA in 2015 with Standard Bank, highlighted that the judicial review of DPAs is a “critical feature of the scheme” for transparency, impartiality and public reassurance. This allows the proposed agreement to be scrutinised in detail and ensure it meets the required strict statutory conditions. Whilst both systems require some judicial intervention, the French regime is less reliant on it than the UK model. At least from what we have seen in the current HSBC settlement, the French judiciary does not become involved during the pre-negotiations stage and has minimal involvement in the adoption and monitoring phases of the CJIP. In fact their sole role appears to be merely to approve or dismiss a CJIP in the terms put forward by the PNF.
The main area where there seems to be the greater divergence between the French and the UK/US systems is when it comes to the requirement for cooperation. The concepts of cooperation and self-reporting, are unfamiliar to the French judicial and prosecutorial culture. Neither the French criminal procedures, nor the Loi Sapin II, contain guidelines related to cooperation or self-disclosure akin to those described in the US/UK DPS legislations/codes of conduct which emphasise the importance of cooperation and self-reporting in order to obtain a discount or a declination to prosecute. In the Rolls-Royce case in the UK, the SFO was able to overlook the lack of self-reporting due to the company’s extremely cooperative approach during the investigation.
Having said that, the HSBC CJIP is the first time that lack of voluntary disclosure and minimal cooperation in the context of a French criminal proceeding has attracted negative inferences. The CJIP highlighted that “minimal cooperation in the investigation” was offered based on (1) the lack of voluntary disclosure of facts, and (2) lack of acknowledgment by the Bank of its criminal liability during the investigation. The CJIP further highlights the PFN’s willingness to sanction companies with higher fines absent voluntary self-reporting and full cooperation, indicating a possibly seismic shift in how the French approach the concept of self-reporting.
Is Change on the Horizon?
The HSBC CJIP may turn to be an exceptional case given that there was no established legal framework in place when the investigation started, so a comparison at this stage might provide false results. We will have to wait and see what shape the CJIP take with further cases before a substantial comparison can be drawn – possibly a Franco-Anglo-American Airbus Investigation?
[1] US DPAs require criminal charges to be filed, which make DPAs court orders and may be, at least in theory, subject to judicial scrutiny. However, in practice, it has been accepted by the judiciary that they are not involved in the DPA process.
Fabio Humar is the Director of the firm Fabio Humar Abogados. With over 10 years’ experience in financial criminal litigation and white collar crimes, Fabio’s experience is supported by an interdisciplinary team with more than a decade in public positions, among them Delegate Prosecutor for Financial Crimes. He speaks with Lawyer Monthly about how he tackles his cases, how Colombia tackles financial crime and his predictions for Cryptocurrency.
What are the first three things you consider when you begin to tackle a new criminal law case?
I always begin with the premise that my client deserves the best defence, and we insist on providing just that. I also consider the political or social factors that can influence the defence environment. Finally, I analyse my client's willingness to actively collaborate with the defence. The client trusts us to manage the case, but we must trust him to give us all of their strategic collaboration in our representation.
What has been the most challenging criminal law case you have litigated on and why? How did you overcome these challenges?
The most challenging case I have been involved in is known in Colombia as the "Interbolsa" case. This is the country’s largest financial scandal in the last three decades, with ramifications extending to all sectors of the country. In this case I represented more than a hundred victims, and I’ve had to face challenges that I never imagined, which me and my team successfully overcame.
How has Bitcoin and Cryptocurrency changed financial crime? Do you think we will see more issues to tackle in the future?
Without a doubt, cryptocurrencies are an important advance at a technological and financial level. However, they do facilitate money laundering and even payment of extortion and other illicit activities.
I'm not optimistic. Reality is usually years ahead of legal regulations, and I do not see how they can be regulated except by prohibiting them, which would be foolish, because new ways to fill those spaces will always arise. We will have to see what the future brings, but we must be clear: technological advances cannot be limited on the argument they pose risks. Risks must be managed, and development and progress allowed.
On the topic of banking fraud, what do you think could be done in Colombia to tackle the crime?
Colombia has adopted the strongest and most solid standards in that area. I have advised more than 12 financial entities in matters of regulation and compliance, with successful results not only in the prevention, but in the prosecution of those who try to use the financial system to commit fraud. We continue to learn every day, and unfortunately criminals are very sophisticated, but with the tools that we have implemented we can say that Colombia has a financial system with up to date Basel and IOSCO regulations.
Is there anything you would like to add?
Yes, the law office I manage is up to par with the best in the world. We have very solid and sophisticated practices in legal defense and representation of white collar crime cases. We are an interdisciplinary team, with the best people in each area.
Fabio Humar Jaramillo
Director
57-310.228.01.88
fhumar@fabiohumar.com
Fabio is a bilingual lawyer whose professional practice is in criminal law, with litigation experience in the United States.
He has been a District Attorney for more than 5 years with experience in the financial crimes unit, money laundering and economic order, as well as the copyright unit and individual liberties unit.
He has undergone litigation on criminal law with emphasis on securities, financial, economic and public administration law. He also has strong experience in criminal proceedings of the United States.
Fabio Humar Abogados is a firm that offers:
How should solicitors assess the impact of disabilities, including mental health, on performance in the workplace and, therefore, on residual employment prospects and earning capacity? We speak to Occupational Psychologist Paul Doherty on the matter, and how he helps.
How can an occupational psychologist help the Court as an employment consultant?
A large part of my work requires me to design recruitment and development programmes for organisations, including making reasonable adjustments under the Equality Act. My work as an occupational psychologist gives me a solid understanding of the demands of work (emotional, intellectual and interpersonal) and enables me to make a realistic assessment about how an individual will be viewed by prospective employers. I readily appreciate how different disabilities / health problems can impact on work performance.
What process do you undergo when first instructed on a case? Can you share with Lawyer Monthly your step by step process?
My first step is to arrange to interview the Claimant, usually this is face-to-face at their home, but could equally be at their solicitor’s office, my office or by Skype. The interview can last around two to three hours and may sometimes include psychometric testing.
I start with looking at the person’s functional capability, which means what they can do on a sustainable basis day-to-day, taking into account any on-going disabilities, mental health issues, literacy and numeracy skills (e.g. if are they dyslexic), resilience, drive, as well as their transferable skills, qualifications, and the level of support they have, etc. I might use psychometric testing to objectively assess retraining capacity for a new career, which can also be useful in assessing their pre-injury career potential and so provide some reality testing on their stated pre-injury aspirations and earnings.
It’s usually easier for someone to return to their employer than to move firms, so I consider first the reasonable adjustments that would allow them to go back to their old job or to another role with that employer.
If that’s not an option, I will examine the local labour market to identify opportunities and look at alternative careers / jobs / employers that are realistic for this individual in their changed circumstances. I use the evidence I have gathered from the bundle provided by the solicitor, from my interview with the Claimant and labour market research to establish whether the individual is likely to be able to meet the performance demands of another job role, and their likely level of pay. As a former government scientist, I am familiar with interpreting employment statistics.
How often do people outside your field dismiss the impact disability or mental health can have on an individual’s likely future performance at work? What could be done to change this?
It depends on the disability. What’s interesting is the really obvious physical disabilities are often the easiest to accommodate in the work place; for example, those who use a wheelchair. What is harder for employers to manage are those disabilities that are fluctuating / or unpredictable, complex or multiple disabilities, and any disability that impacts on interpersonal behaviour. For example, one of the most negative impacts on employment of brain injury is due to reduced self-awareness and increased disinhibition. Mental health can impact on these behaviours also.
Do you think work places are becoming more disability friendly?
Yes, and no. Technological changes have been wonderful, for example, allowing people to work from home or providing prompts for those with memory problems. But jobs are now more complex, competitive, insecure and are ever changing. This places continual demands on people. Even manual jobs now very often require very good customer service skills.
Does the nature of litigation cause people to exaggerate or lie about the extent of their disability?
Sometimes, although I have only seen total fabrication a handful of times. What is more common is residual anger towards the Defendant and the whole litigation process, which can encourage a kind of learned helplessness and symptom obsession, which in turn can reduce motivation and willingness to go outside personal comfort zones. There are very often financial disincentives to taking positive action. My experience is that if you build a relationship with the Claimant (and also the instructing solicitors), that positive outcomes can follow.
What is your favourite part about being an expert witness? On the contrary, what do you dislike?
I really enjoy generating ideas for alternative work that might be suitable for someone. I also get a lot of satisfaction from producing a report that I hope will help the Court take an informed view on the loss of earnings aspects of the individual. My least favourite part is dealing with experts instructed by the other side when they are not acting impartially and objectively, but behaving as a ‘hired gun’. It diminishes them, the reputation of employment experts and most importantly, access to justice. It also simply just runs up fees, as I have to spend time disputing all they say!
Paul Doherty
Partner
01892 517866
Paul is a Chartered Occupational Psychologist and Associate Fellow of the British Psychological Society (BPS). Since 1992 he has provided expert evidence as an Employment Consultant where loss of earnings is a significant factor. He is instructed by both Defendant and Claimant solicitors in personal injury, clinical negligence, disability discrimination and marital cases.
Doherty Stobbs is a professional consultancy firm using applied psychology to help organisations and individuals reach their business/work goals. Our services are broad and integrated and include: Talent Management, Career Coaching / Enhancing Performance, Vocational Rehabilitation / Disability Management, Litigation Support / Expert Witnesses
