Understand Your Rights. Solve Your Legal Problems
Public transport can have a love-hate relationship with the public, but when you consider the cogs involved to maintain a smooth transition, for corporation and customers alike, you realise the heavy responsibility and work involved. The UK rail services have not had the best welcome into 2017, with high profile strikes continuing to make national headlines.
Nevertheless, the UK’s only high speed rail network High Speed 1 – serving Eurostar and Southeastern and linking London’s St Pancras International to Kent and the continent – was reported last year as ‘exceeding expectations’ in its performance. So, what goes on behind the closed doors of a heavily relied on rail service? Luckily, this month, we have the pleasure of speaking with the General Counsel and Company Secretary of HS1 Ltd, the company that own and operate the high speed line and the stations along it, who reveals the work behind the international and domestic rail service.
You overview a variety of issues and sectors at HS1 Ltd, how do you keep on top of the range of legal issues you have to be aware of?
There are a number of ways in which I do this. I am part of the senior management team at HS1 Ltd and we start every week with a meeting where we discuss the whole range of issues affecting the business. I then feed this information back to my team. This gives me a solid basis for the legal issues I need to be focused on in any particular week. More generally though, I work in an open plan environment and this makes it very easy to have regular dialogue with the team, facilitating information sharing and allows me to have a clear awareness of all the legal issues affecting the business. I also have a more formal one-to-one session with each team member every week; it’s a perfect opportunity for me to ask a lot of questions!
What does a day in your shoes as General Counsel look like? In your opinion, what is the most interesting aspect of your role?
A day in my shoes goes by very quickly: fast and exciting. Inevitably I have a number of meetings, then time to digest information, deal with correspondence and talk to my team. I really do have the most interesting issues passing across my desk on a daily basis. From risk management, regulatory issues, financing and shareholder matters, to abandoned horses left on our land and the Christmas tree or Terrace Wires art installation at St Pancras International. There is rarely a moment to be bored. The most interesting aspect for me is the variety of what I do, both legal and non-legal.
What inspired you to take the path into becoming General Counsel for HS1 Ltd?
Before moving to HS1 Ltd I had been spending quite a bit of time traveling to London for work. Each time I arrived at St Pancras I was bowled over by the stunning architecture and stature of the station. I then saw an advert for the role at the company. I did my research and was excited by the thought of working for the UK’s only high speed rail network, not just as a lawyer but as part of the management team. I knew this would give me the opportunity to use a number of my other skills, and develop new ones, to help run the business. I decided very quickly that it was the job for me and relocated to London. It’s been one of the best decisions I ever made - and I get to see St Pancras every day!
How did your perception of HS1 Ltd change once you began working there? What did you find unexpectedly challenging?
My perception of HS1 Ltd changed very quickly once I began working there. As I got to understand the business more and more, I understood that the people on the team were very much at the heart of its success. These people are experts who really care about the level of service they deliver. HS1 Ltd is like a family – it’s a great environment to work in.
What has been the most challenging task during your time at HS1 Ltd so far, and how did you overcome the challenge posed?
I’ve been involved in some really challenging legal work at HS1 Ltd so far, but probably the most challenging task has been people management and being responsible for such a diverse number of functions across the business. Bringing together a varied range of professionals (lawyers and non-lawyers e.g. procurement experts, town planners, property surveyors), who are experts in their field, and integrating them into the fantastic team we now are has been a privilege, but also very challenging along the way.
What issues do you face managing the development of grade 1 listed buildings (such as St Pancras International), which need to remain progressive for public’s demands and requirements?
The constant challenge here is achieving balance. The balance between helping the business achieve its commercial aims and protecting St Pancras, both in terms of heritage and also reputationally, can at times be very delicate. Luckily, I work with a very experienced heritage advisor and she is brilliant at helping us maintain this balance.
HS1 was reported as ‘exceeding expectations’ in regards to their performance earlier last year; what behind the scenes work do you do, to ensure this is met – for the company itself, and the public?
We have a hugely dedicated team at HS1 Ltd and I believe, along with the rest of the senior management team, that it is our duty to be transparent with them, keeping them involved in the big decisions. Everyone takes pride in what they do because, quite simply, we want to be the world’s leading high speed railway. Our whole team was directly involved in setting the strategy for HS1, so they live and breathe its essence through their work. Putting the customer at the heart of everything we do is vitally important to us.
As HS1 deals with international connections, what extra considerations do you undergo to ensure the company heads in the right direction to tend to these international needs?
It’s been fantastic to see Eurostar grow its routes to the South of France, and we’re all really looking forward to the new route to Amsterdam opening later this year. Launching a new international rail service is of course both expensive and complex – complications include, for example, the different border and security arrangements that exist in Europe, including those between the UK and the Schengen area. We work really closely with Eurostar and as a business we are committed to ensuring that we support them where we can – in regulatory terms or otherwise.
When directing and managing teams to make the best legal decision in regards to planning and environment, what do these teams often dismiss as a vital legal consideration to undertake? Are there any regulations in regards to environment which has heavily affected your work?
I am lucky enough to work with a number of experts who look after HS1’s environmental and planning work. My role here is to oversee strategy in dealing with these issues, helping the team understand regulations and supporting them as they develop practical outputs.
Our efforts in these areas have been recognised by experts in the field. The line has been awarded the Wildlife Trust Biodiversity Benchmark Award each year since 2012, and in 2014 HS1 Ltd won the European Rail Congress Sustainability Award.
Finally, do you have a ‘golden nugget’ of advice for General Counsel’s around the globe?
My golden nugget is “never limit yourself” in terms of what you think you can do. I have been very fortunate in having a CEO who saw my potential and gave me the opportunity to grow, hence why I now have much wider responsibility than just the legal function. I spoke last year at a conference about GC’s becoming business partners and my focus was on transferability of skills. Too many lawyers think that they can only work in one sector, but I firmly believe if you have all the core skills as a lawyer there is no reason why you can’t move sectors – the learning curve may just be the fresh challenge you need.
Settling fees and costs between different parties can become a sensitive issue, especially when that money is so important and crucial to the litigant. We speak with Senior Associate Oliver Jones, who has extensive experience in costs law; he enlightens us on the updated regulations which have shaped the way he has practised and the pressures behind litigation involving serious money.
When dealing with costs of high amount, what are the most important things to regard? How do you deal with the pressure that a lot of money is involved in the case?
This is an interesting question as quite often in the higher value cases, the participant doesn’t have a direct stake; quite often those costs are met by insurers, so they don’t have a direct interest in the sums of money and so it doesn’t matter to them how many zeros are involved. For example, I acted for a litigant-in-person (LiP) who had been injured in an accident. He was only recovering £3000, which in the broad scheme of things is not a lot, as I deal with cases involving millions, but to him it was very important as he was so financially destitute. Alongside suffering with severe mental illnesses, he had previously been badly advised by a number of solicitors, who were also demanding costs from him, and so I had to quantify and recover their costs as they took the monies without the claimant’s consent. From my perspective, this case was more pressured than if I am dealing with an amount of £5 million case from insurers. Therefore, it is not necessarily the money involved which causes pressure.
When you initially start out, you can look at the sums and be overwhelmed, but as you become more experienced you start to treat each case on its own merits and I think that’s where experience lies. You judge the instructions you receive and don’t become daunted by the amount of money involved; you assess the issues in a rational way without the money becoming an issue.
More than half of my instructions are from solicitors seeking money from insurers, or vice versa. In these cases, the pressure is arguably less as you’re moving money around different pots. I would therefore say that pressure derives much more from an LiP who directly instructs you without a solicitor as they expect you to do what is best for them and they have a direct and immediate interest in what happens, especially in cases where it can financially ruin the person if the Court goes the wrong way.
What different difficulties do those cases pose for you and how do you deal with them differently?
This goes alongside the pressure I just mentioned, LiPs are obviously very keen to know what is happening on their behalf, whereas insurers understand that litigation is a very lengthy process and are astute about the procedure. The reason why we are instructed is because it’s a specialism for us. It is a difficulty of explanation really, when acting for a LiP, I can be called daily and need to explain the intricacies of the process, especially with CFAs (conditional fee agreements); if the LiP is asked to pay double it needs very careful client handling, because there are complex principles involved to get a 100% success fee reduced, for instance.
For insurers, it is just about the numbers – they will have a reserve for a particular piece of litigation and if that number is below that reserve, they don’t really care; but clients who instruct me directly are understandably anxious and more demanding.
Throughout the years how has costs law developed? What were the regulations that really altered the way in which you practiced costs law in the future?
There have been two massive developments in costs law since 2013; the two key changes were the wide scale rollout of budgeting – there was a pilot scheme prior to April 2013 in various Courts, but it is now mandatory on all multi-track cases worth less than £10 million. This generally means we are getting involved much earlier than we ever used to. The earliest we used to get involved was just before trial, when we would prepare a statement of costs before that trial and potentially advise on the cost order; now, firms are instructing us to prepare their budgets at CMC (Case Management Conference) stage, so we are being approached much sooner in the case. We are then potentially instructed to audit the budgets and amend them if necessary, and then prepare the bill of cost at the end of the case in accordance with that budget. It’s a significant development that has hit a lot of cost firms, as many have agreed to only render their invoices at the end of the case in order to remain competitive. A lot of cost firms have therefore gone under as they have been exposed to over two years’ payment terms on their WIP (work in progress).
The other development from 2013 was the abolishment of the recoverability of success fees. It used to be the case that you could recover your success fee from your opponent. The reason success fees were brought in was to widen access to justice; such that a poor man could bring litigation and would only become liable for his solicitor’s fees if he won, and wouldn’t have to pay anything if he lost. But, as of April 2013, you can no longer recover those elements. Solicitors can still charge a success fee, but now it comes out of the client’s damages and if the client wants to insure their case, they must pay the premium out of their damages as well. Those changes are very significant as it effectively reduces access to justice and those two elements increases the tension between solicitors and clients; therefore, we are starting to see more instructions whereby clients will want to reduce the success fees payable to their solicitors.
Are there any upcoming regulations you have got your eye on?
What is concerning is that there is discussion at the highest levels, on an increase in the small claims track cost limit from £1000 to £5000 – and the consideration of increasing the number of cases caught by fixed costs. We think this will significantly impact on access to justice – there is a great difficulty in fixing costs in different types of litigation. I can understand costs being fixed for whiplash claims, as essentially they involve the same stages. But to suggest fixed costs for clinical negligence claims, for example, is just inherently more complex; I advised on a case recently whereby the medical report fee was over £7000, but the claimant only recovered £5000. That just shows to you that if the costs were fixed, the claimant may not have gotten the result they wanted, because the fixed fee for the report would have been much less than £7000 claimed. There are concerns that if there are attempts to roll out fixed costs on a wider basis, that this will affect the level of service that potential claimants receive because the template is such a restrictive straightjacket. I do now agree with fixed costs for low value injury claims but I think to extend it will not only effect the level of service, but also undermine the whole budgeting provisions and can potentially make budgeting otiose.
When dealing with sensitive personal injury and clinical negligence cases, how do you know what price to put on such cases?
This involves the current hot topic of my industry which is: proportionality. I acted for Brian May in his claim for damages against his neighbours for installing a super basement. I quantified his costs for about £208,000, and we went to court, and had those costs assessed, which were reduced by the Court to about £100,000. This sounds like a big reduction, but there were good reasons as to why the costs were deducted. After that the court then arbitrarily reduced even that figure down to £35,000 plus VAT and the judgment gave no indication to how that figure was reached. A significant part of the new test of proportionality is that you are still supposed to be compensated for any non-monetary relief that you are seeking (such as an injunction, which was what Dr May was seeking), but the court’s judgment gives the impression that this was not properly taken into account.
On the other end of the scale, I also acted for a lady who had negligent surgery to her ear and only recovered £35,000 at the end of a 3 day trial, but her solicitors recovered around £250,000 for this piece of litigation.
So, in reference to your question, you simply don’t know what price to put on such cases; both the cases I have just mentioned are being appealed, as guidance from the higher courts is needed on precisely how proportionality is to be implemented under the new test, as effectively what the court has said in these two cases is you are a lot more likely to recover higher costs if you go to trial. The impact of these two decisions could lead to more trials and less settlements, while the new proportionality rule is supposed to have the opposite effect.
There is therefore massive uncertainty at the moment on how much a client can recover and how much the litigation is worth to them.
Bridging the gaps between the oceans, globalisation has arguably been the pinnacle of global development and has enabled the human race to rapidly advance and work together to achieve what once was deemed impossible. The vital component of achieving such advancement came from the age-old practice of trade. International trade has allowed the globe to shrink and unite, however, with Brexit and the new US presidency, we are expected to witness change in the scope of international trade.
This month, we speak with Lesley Batchelor OBE, the Director General of the Institute of Export & International Trade. She sheds light on what to expect in the trading world and how businesses can stay on top of all these changes.
What are your predictions for British exports post-Brexit – how do you see the UK changing globally in regards to being internationally competitive?
During the run up to the referendum the Institute of Export & International Trade found itself being ignored and, indeed, issues around trade were often shouted down in favour of less tangible, often emotive, issues. The UK has always been able to trade internationally. Nothing has been stopping us from trading with the rest of the world and the EU was an enabling force - not a restricting one. That being said, any predictions for the UK since deciding to leave the EU would simply be like quicksand and it is clear that much change is required. Interestingly, there are larger arguments now being raised around globalisation and the success or failure of world trade.
Although the UK has a long tradition of trading internationally, much of it has been lost in the ease of the trading with the EU. To succeed we will need to re-learn how to trade and ensure our businesses are not thinking in silos but in terms of a holistic approach to the skills needed. They should be sending out sales people who know how to negotiate on price and know the cost of collecting money or selling in the local currency - people who understand the culture of the local business environment and market according to their needs. Sales need to reflect the complexity of logistics and possible compliance issues in terms of both standards or technical certification, along with compliance with paperwork needed to claim preferential duties or simply enter another country. Finally, as you all will know, they should understand when they have a contract or not. All these potential costs make up an international trade deal.
What should new and upcoming businesses take into consideration when regarding exporting?
Any business should look at exporting as a natural progression of searching for new markets. That being said, there are quite a few steps to getting it right and these should be followed to ensure a first venture into world trade doesn’t finish in disaster. Like all journeys, there are a few routes to get to the destination and each business needs to look at what suits them and where the destination should be. Ask questions until you are happy that you understand the best route for the business. The Department for International Trade has advisers across the country to help. Also, look at www.opentoexport.com – which highlights useful considerations on what can be a treacherous journey.
You believe that transactions should be dealt with by a qualified international trade specialist; what do you think businesses should be looking for if they needed guidance/ support with trade?
The Institute must declare a vested interest here as we have a full programme of qualifications in international trade from a basic young international trader at level 1, to an MSc at Warwick University. This is all delivered using a digital platform and expert tutorial support which allows those studying, a flexible approach and time to work at their, and their employers’, convenience. International trade unfortunately doesn’t only happen during college opening time! It is a strange thought that if we want our books to go to HMRC we go to a qualified accountant. We wouldn’t dream of going to court without a qualified lawyer - however, we feel it is perfectly acceptable for millions of pounds of goods to travel the world without a hint of a qualified or skilled person in charge! The Institute is committed to bringing professionalism to the industry and ensuring that businesses are not operating on a ‘we’ve always done it like this’ basis but adopt a fully informed and current approach to global trade. Companies should be looking for staff that understand world trade and show commitment to staying ahead in a constantly changing environment. This is what the Institute specialises in.
What are the key things businesses should look out for in regards to international trade? And how do you think this will change post-Brexit?
One of the key elements that has been missed in this Brexit debate is that for over 40 years it has been very easy to trade with our neighbours. This ease has led to a relaxed attitude to world trade and even a complacency that led to our EU exit. Leaving the EU will mean that all businesses moving any goods or services will automatically become an exporter. Being an exporter requires good record keeping, more specific accounts of your goods’ final destination, what they were used for in some cases of dual use export controls - and taking vicarious responsibility for the action of your agents or third parties in markets around the world. This is the case for all external markets outside the EU and now will be the case for all exports.
How do you think businesses should prepare for these changes?
Learn how to export properly. It will save time and energy in the long run and prepare you for all aspects of exporting. Looking for short cuts is simply counterproductive - get it right first time and visit www.export.org.uk/qualifications or undertake short one day courses at www.export.org.uk/training.
Einstein tells us to ‘first learn the rules of the game; then go out and play it better than everyone else.’
With the result of the US presidential election alongside Brexit, how do you think trade will alter internationally and how do you think it will affect the UK?
The rhetoric of the Candidate Trump was certainly very isolationist and his first act appears to be to halt the negotiations on Trans Pacific Partnership (TPP) which would have created a trading union in the southern hemisphere between the USA and many pacific markets - easing trade between them all. This is part of his America First strategy that won a lot of popular support. The USA is our next biggest trade partner after the EU and the largest if we consider exports on a country by country basis, Germany being the next.
The Transatlantic Trade & Investment Partnership has been floundering for some time and it was more ambitious in scope for the EU and USA to form a trading union that would represent more than 43% world GDP and create a shift in power away from the Asian markets. The new president has a lot of ideas on how to build America into a greater country and we all need to be watching the White House for news in the coming months. The ‘special’ relationship has never carried boundaries or clarity on what it covers so we may see a new relationship grow that includes trade - but not as we know it today. This goes back to the many countries who have benefited from globalisation beginning to question it’s its validity in harder times. Facing the fact that we are all operating in a globally flat world economy may be hard, but it is the truth. We want to empower emerging countries to feed themselves and support themselves however, without external trade, this will become increasingly difficult.
As we reduce one economic factor another increases and the balance of world trade will turn into aid support for the Organisation for Economic Co-operation and Development (OECD) least economically developed countries. This will affect the UK one way or another and so the only certainty is that we are not in complete control of our own destiny.
Are there any specific regulations you think businesses should keep an eye on, if they are subject to change?
The world of trade is constantly changing and the specifics of regulation have been outlined a little in this article. The only specific regulation is the regime reflected in ‘rules of origin’ – the basis for all tariffs’ agreements. These change slightly depending on the agreement and lead us neatly to the issue of record keeping and compliance. If a business is importing raw materials from countries worldwide, this will have an impact on the country of origin declared by the manufacturer. This becomes a complicated calculation for a car manufacturer but simpler for most others.
What policies and regulations do you hope will change; or, if you could alter regulations, what would you change?
World trade has been operating for many centuries; Queen Elizabeth I was responsible for many laws that still make the cogs of industry and shipping turn smoothly today. Some regulations appear difficult, but to change one in isolation would be hard - like taking one stitch from a knitted sweater which would unravel the pattern. The introduction of customs schemes and regulations in many cases increases security for the trader and customer - however, it is very heavily reliant on paperwork. The World Trade Organisation (WTO) is looking at Trade Facilitation to reduce the onerous levels of paperwork but is forced to move at the rate of the slowest member states in terms of electronic data interchange and border controls at crossings. Even in the UK people cannot rely on their internet connection, so imagine how difficult it is in some of the emerging markets.
Which regulation do you think will become most imposing and problematic for businesses exporting internationally?
The recurring theme of record keeping and understanding which records are needed for compliance and taxation issues. Most imposing will be HMRC - both in terms of VAT and customs duties that will be collected - and any tax exemptions only against evidence of shipment out of the country. This will require businesses to examine current records more closely and what may need to change in order to stay on top of the needs of the HMRC. Starting a dialogue with HMRC about any new activity is a wise move and will enable your business to get it right and trade with confidence in any new market.
What factors do businesses undermine/dismiss when regarding trade?
New or inexperienced exporters tend to try and operate in a similar way to their UK operations and this includes setting the price. Using a simple cost plus basis to create an export price demonstrates a naivety around the actual costs that may be incurred and can be potentially damaging in making or losing money and also in terms of reputation in the market. Setting a price is hard but putting up a price is harder still, often involving clever positioning in the market, new collateral and finessed PR activity – all of which costs money and effort that should have been used to set the right price before launching.
Can you offer any other advice for UK businesses trying to trade abroad and for businesses wanting to trade with the UK?
There is a wealth of information out there and help in many areas. The new State Department for International Trade has a team of International Trade Advisers who are all members of the Institute of Export & International Trade and follow our CPD programme to ensure they are up to date and current with all the changes, or as many as humanly possible.
The Institute offers a business membership which has a helpline support that proves invaluable time after time to businesses needing the basics at a very competitive price and also runs Brexit Workshops to help companies understand the implications for their own businesses. Many businesses will be aware of their local chamber of commerce and some forget there is a proliferation of bi-lateral chambers based in the UK to help with specific markets.
There is a huge amount of help for anyone embarking on this journey. Getting exports right is not a fluke. Having a stab at exporting will not always produce results but treating it as a part of your long term strategy and finding skilled people to help will make the journey enjoyable and profitable, possibly leaving time for you to play golf or take an afternoon off?
Is there anything else you would like to add?
The Institute recognises that not everyone is selling a physical product and that a huge percentage of trade is in skills and services. Services represent over 70% of trade and need to be encouraged not halted. The need to recognise movement of people as part of those sales will play a key role in how we all develop our businesses over the coming years. In recognition of the challenges of selling skills or IP overseas, we have developed a diploma in Selling Services, Skills and Software Overseas.
The British farming industry is preparing itself for a ride, as the UK begins its journey towards exiting the EU. Some were eager to leave based on the hope of regaining control of British farming and now as Parliament sets out to implement Article 50, farmers and agricultural workers await on the changes in law. Anne Elliot is an expert in agriculture and speaks with us on the disputes she deals with, the evolution of agricultural law and what should be addressed as the UK leaves the EU.
What are the most common types of dispute you deal with related to the agricultural and rural industry?
Distribution of assets on death/succession, landlord and tenant relationships, partnership arrangements (formal/ informal and documented/undocumented).
How challenging is the agricultural sector to work in? How do you overcome these on a daily basis?
Rural businesses involve homes and livelihoods, not just jobs. Offering advice to clients can affect, or have implications, not only for our clients and their businesses, but also for their families, their neighbours, the surrounding rural area, their competitors, friends and foes. Every decision taken needs to be carefully considered, strategically thought through and well balanced. We use our expertise and experience within the agricultural sector and with our rural clients to help with those decisions.
What is the most popular/effective method of dispute resolution for agricultural disputes? Is ADR becoming more popular than litigation? Why?
I tend to work in the non-contentious area and hence refer to contentious agricultural work elsewhere. The most effective method of dispute resolution is talking and to encourage talking (though this is not always possible!).
As a thought leader, how have you helped visibly evolve the field of agricultural law?
Whilst not technically evolving the field of agricultural law, I like to think that I have been proactive in raising the profile of succession planning and its importance to the extent that the Land Agents, Accountants, Financial Advisers and Clients, with whom I deal know that I am a “woman on a mission”, to ensure that succession is planned and does not happen by default e.g. on death with all the appallingly difficult ramifications that can have for both the business and the family. I believe farmers are now more educated in the importance of succession planning.
Do you see the need for any new regulatory changes within this sector? If so, please explain.
Brexit is an obvious challenge for both the government and the agricultural sector – who knows what changes will be needed!
The sector may need to start considering how it will adapt if/when the government restricts Inheritance Tax reliefs; perhaps the current (and generous) availability of Agricultural and Business Property Reliefs will be reduced.
Hand in hand with this, the sector may ultimately need to address what will happen when Agricultural Holdings Act (AHA) tenancies have run their course and the AHA 1986 is no longer relevant. Will Farm Business Tenancies (FBTs) be the only form of letting of agricultural land, or, will the government create a new form of agricultural letting reference and legislation. Will the government look to restrict Inheritance Tax reliefs for tenanted land going forward?
With your experience as a farmer’s daughter, how do you believe you best understand your clients’ needs?
Farming is a way of life, not a job. Having experienced, lived and breathed the farming life helps you to understand what clients face on a daily basis: the 2 am phone calls to say the stock has escaped; the 5 am call to say the relief herdsman hasn’t turned up and you are needed to help with milking; the stock feed round every day of the year including Christmas Day and bank holidays; the rules, regulations and requirements to comply and ensure your produce is properly accountable and marketable; the constant monitoring of and worrying about the weather; the crucial timings of silage cuts and harvest, and the list goes on. You understand then that when your client needs you to act they want, need and deserve trust, confidence, and comprehensive and comprehensible advice delivered as quickly and cost effectively as possible. Our job is to ensure this happens.
How would you say your membership of the Agricultural Law Association (ALA) helped you change or further explore the agricultural law landscape?
The ALA offers superb access to other professionals involved in the agricultural field. It is a platform for sharing experiences, concerns and ideas and keeping up to date with developments and new legislation. It allows a connection to government to help influence future strategy, planning and legislation for the agricultural sector.
Is there anything else you would like to add?
Agricultural work is both commercial and property based – businesses operating from and on land – but also, given the fact that most farms are still family run, intensely personal and therefore involving family dynamics, cases can at times be tense. It helps to have an instinct/sixth sense to try to identify tension/possible tensions (ideally before they develop). This can often head off disputes particularly related to the issues mentioned above!
During the 25 years of his experience, throughout Europe and in the US, Renaud Roquebert has witnessed and taken part in some of the major global economic events: the inception of emails and the internet for everybody, the dot com boom and bust, the dramatic increase of globalisation and cross border trade, the enlargement of the EU, the rise of China and the other BRICS, the 2008 financial crisis. He almost always found himself in the heart of the event from a geographic perspective.
After founding his own law firm and transforming it into a global firm and as an entrepreneur and a lawyer, Renaud knows first-hand, and thus, speaks to us about what international trade means and how the tax, customs and various legislation impacts on international trade.
How did that experience shape the way you practice law at your firm?
My personal international experience has certainly influenced the way my firm is shaped and brings benefits to our clients. This international exposure has enabled me to identify trends and to anticipate what was coming in terms of the needs of clients with global operations. When global trade really started to boom (in the 2000s), I knew that the concerns of international businesses would be indirect taxes, such as, VAT and customs duties. These are the initial indirect taxes encountered by most business involved in international trade as these taxes are levied at border clearance, in pretty much any country. The legislation is often uncompromising and has not kept pace with the development of global trade. There are also very few experts who possess the experience and knowledge needed to deal with these matters on a multi-national basis. We have been pioneers in this area, which explains our position as leaders.
From a cultural perspective, I’ve shaped my firm based on the best practice of what I experienced in the various countries in which I have lived and worked. One of the key differentiators between us and competitors is our experience and knowledge of the local culture which makes us different on pretty much all levels of our profession. For example, business lawyers traditionally build the financial relationship with their clients based on profitability calculated on time spent (and billed). As far we are concerned, we not only deliver the highest technical quality, but our objective is mainly to facilitate the life of our clients by becoming part of their team: trust, transfer of know-how, responsiveness and support, rather than time spent. It is the intrinsic value of our service that counts, not the hourly cost. The relationship with our clients is therefore more healthy, efficient, relaxed and above all more profitable for them!
Likewise, our internal organisation is characterised by the enthusiasm of the teams and the elimination of traditional constraints such as time sheets, fixed hours, a single workplace, limited holidays, etc. We also use original tools such as 'walk and talk meetings' in the open air, cultural and artistic training, innovation bonus, etc.
With your extensive experience, how have you seen international trade develop throughout the years?
International trade has dramatically changed in the last 15 years or so. This is due to the development of technology, the decrease of logistics cost, the availability of lower cost work forces in developing countries, and hundreds of millions of “new” middle class consumers throughout the world.
For example, production of goods used to be linear and incremental. An illustration, would be the traditional production of consumer products; the raw material was first extracted, then it was used to manufacture components, and those components were assembled to form a semi-finished product, which in turn was finished and sold to consumers. At each step of this value chain, there was a specific know-how, and step 2 was not possible until step 1 was achieved, and so on. Most steps occurred in the same location. Now, production of a product is almost completely simultaneous: pretty much all steps occur at the same time. In other words, production is quicker and the added value is in design, marketing, and distribution capacities rather than production itself. From a tax and legal perspective, this has a major impact: where is the value created and so, where it should be taxed become blurred. Is it in the country where manufacturing takes place, or where the design is created? What if a product is being 3D printed in a country but sold by a company based in another country; is the 3D printer a permanent establishment of the vendor, where is the value taxed, and is the value based on printing cost or on the IP licensing, etc.?
Do you think international trade is becoming more restrictive due to current worldwide tensions? There have been many movements that could affect international trade, such as Brexit, the new President in the US and the Italian referendum (etc.); how do you see this affecting international trade?
It’s been a few years that the commercial competition between states is fierce. Following the Organisation for Economic Co-operation and Development’s (OECD) considerations on the base erosion of profits (BEPS) we have seen many countries introduce legislation to attempt to tax large multi-nationals. In this respect, this has led some States to use the tax & customs policy to protect or give preferential treatment to their home industry. This is now discussed in the main stream media, and some countries ‘advertise’ on this and ‘name and shame’ those companies that they believe are not paying their fair share of tax. Donald Trump announced that he will raise customs duties at importation in the US of products coming from China or Mexico. What will happen when the UK effectively exits the EU? It’s quite likely that most VAT and customs regulations that currently apply in the UK will have to be amended. Similar trends, or events, also take place in Asia, South America or Africa. This will certainly change the way global companies source their products, manufacture and distribute them. Businesses must not only keep up with the changes of legislation but they must also adjust their business model to this new reality.
As a law firm, we thus advise our clients both on daily and strategic plans. We are often involved with general management of our clients to advise them on their international affairs in the broadest sense. In this capacity, we are favoured by boards, seeking expert advice on the global trends and new opportunities.
From a pure tax and customs perspective, we have developed a specific expertise in dealing with tools used by governments. These tools are mainly global measures for commercial defence which allow the States to recreate a “level playing field” (i.e. an environment in which all the companies are subject to the same rules and have therefore the same competitive abilities) between the domestic goods and the imported goods, by imposing restrictions on ‘unfair’ imports.
The measures most often used and in first place by the States are the anti-dumping, the anti-subsidy and the safeguard measures.
LightHouse LHLF has developed solid experience and advanced expertise in commercial defence matters. This is what businesses have been demanding and need, since they must not only be in compliance with the laws enacted by government authorities, but they want to make the most efficient use of opportunities created by the governments.
Is there anything consumers and traders should acknowledge when starting up to do trade internationally?
Businesses should be aware that buying or selling across borders can give raise to taxes and customs duties which may make the cost of international operations higher than anticipated, which may affect the margins. If VAT may be recovered by the operator in most (but not all) cases, customs duties are a bottom line cost. One of the key messages when entering new markets is that planning ahead of time is critical. It’s necessary to fully understand the taxes and duties position before importing, as those taxes and duties must be taken into account in the cost of goods sold. Not doing this in advance would be a major flaw, and may make an otherwise viable business opportunity at risk both financially and legally.
Businesses should then monitor their international operations to ensure that their procurement and supply chains are optimised for tax and customs efficiency. Often procurement teams will determine best price on a unit cost basis without considering the total landed cost of acquiring the product. In some cases, this has resulted in the cost rising by 25% to 55% when Customs Duty and irrecoverable VAT/GST is factored in.
Last but not least, the development of artificial intelligence, big data and machine learning solutions will allow both the lawyers and their clients to work differently: we will become ‘augmented professionals’, working with powerful tools at a lower cost, thereby enhancing effectiveness to identify risks and opportunities to reduce the impact on businesses. At LightHouse LHLF, we will be pioneers and leaders again on this subject since we’re working on designing and building these new tools.
We spend a huge chunk of our time at work, so ensuring our workplace addresses our needs is vital as it will result in a reciprocated movement: a happy workplace environment produces a thriving business. We speak to Lili Norris, whose approach to the field of Employment Law is very pragmatic and people oriented. She believes that in an area where human behaviour plays such a huge role, focussing on the law alone will produce correct answers in the academic sense, but not necessarily workable, commercial or practical answers on the ground. For this reason, she considers her work to be complementary to other legal firms rather than in competition with them. Lili addresses how far employment law has come along in the UK and what is in store post-Brexit
In advising businesses on employment matters in the UK, what do you find are the most pressing matters today?
The most pressing matters currently in Aberdeen, revolve around the low oil price and the effect this has had on, not only the oil industry, but all businesses in Aberdeen and the surrounding area. At the start of the downturn I was seeing individuals with settlement agreements as the redundancies started to mount. I tend to act for small to medium sized businesses. The ripple effect started to hit them a bit further down the line. Hotels, restaurants, leisure companies and private schools amongst others, are all starting to feel the effects as people begin to leave the city to find jobs elsewhere and companies cut back on their non-essential spending.
Who are commonly your clients and what sorts of challenges do each of these present?
My clients in terms of employment law advice and support tend to be small to medium sized businesses who either have a small HR team or no HR support at all. I offer support to them as and when they need it. I often find myself getting involved in more practical matters by providing hands on support, as well as advice. The main challenge for businesses of this size (which make up more than 90% of all businesses in the UK) is trying to run a profitable business whilst staying within the bounds of the law.
My new clients are often not aware that they can insure their business against employment law claims simply by asking their existing broker and as a result they find themselves either facing an expensive claim or having to pay to settle claims to avoid litigation.
Most of them can fall foul of the law by trying to do what they feel is the right thing and in doing so they inadvertently do/say something they think will help the employee, but actually results in legal problems; by taking matters into their own hands, businesses often fail to safeguard themselves against unjustified claims.
Many businesses have experience of working with lawyers who give long, technical answers to their questions which are difficult to interpret and put into action. However, these businesses cannot afford permanent HR support, and so I tend to fill that gap; I am a bit of a hybrid HR/employment law resource, qualified in law, but happy to assist with practical requirements. I often work alongside the company’s solicitors to help implement the legal advice that has been given.
What do you find is the most common factor most employers are unaware of in terms of employment law? What areas do companies often need the most training in?
I think that most employers just find employment law to be a bit of a mystery. They are in business to do business. They hire people to carry out work. It is only when things go wrong that they become aware of the minefield they have to navigate to, for example, manage performance, ill-health or conduct.
The short answer to both of these questions is that many employers are unaware of the legally required processes and procedures they have to follow when it comes to dealing with employees. I do carry out training to help with this, but every case is so different that the training will only take them so far. The main thing the training achieves is to help them spot the danger areas so they know when to ask for additional support.
How did you enter this specialist area and what keeps you thriving from day to day?
For me employment law was an exciting area from the outset as I qualified on the coattails of the UK signing up to the European Social Charter under Tony Blair’s leadership. In the late 90’s and early 2000’s we were bombarded with new employment laws from Europe and there was a lot of scope for innovation and fast learning in the field. After my traineeship, I was the first person in the firm to have the title ‘Employment Lawyer’ as this wasn’t a “thing” before. Court lawyers did employment tribunal representation and corporate lawyers drafted employment contracts. It definitely felt like the most “rock and roll” place to be at the time.
Obviously that excitement eventually died down as the UK caught up with the rest of Europe. The aftermath became even more interesting to me as now we had a mass of legislation where there previously was none, and all of these strange rules were being applied to everyday people. Employees were becoming more litigious and more aware that they had certain rights and employers were having to think about people issues more than ever. Working as a lawyer in this later phase of legal development led me back to my roots in psychology. In a world where the laws governing employment were complex, intertwined and often contradictory, surely the best answer was to get back to grass roots and understand the people involved and what they needed from any given situation? This new challenge is what keeps me thriving now.
Where does workplace mediation fit into the world of employment law and what are the benefits of taking this approach?
The beauty of working on my own and not being affiliated to any of the larger law firms, is that I can occupy and maintain a status of “independent third party”. I am instructed often by HR professionals in larger companies or by other lawyers to either carry out independent investigations into grievance or disciplinary situations or indeed to mediate between two or more people.
When an individual is at the point of raising a grievance, or is signed off with long term stress issues because they feel they have been bullied or treated badly, the legal approach is usually not helpful. This is because it forces the parties into opposition rather than collaboration. The employment “relationship” is just that: a relationship. Legal processes usually serve to break this relationship down rather than to repair it. By opting for some form of mediation, the employer can allow a neutral third party to step in and work closely with everyone to present a mutually desirable outcome, whether that involves getting things back on track or achieving an amicable and dignified parting. The other benefit of this is that it can be done whilst the employee is signed off and it is usually all completed within a week or two.
What are your hopes for the next two years in regards to employment law, particularly following Brexit and overall changes in the employment arena (i.e gig economy)?
The UK has always had unique labour traditions which stem from very different industrial roots than the systems found in other countries in Europe. This is the main reason that the employment laws emanating from Europe have always been a poor fit for our own economy and industrial traditions. Ever the optimist, I am hopeful that Brexit will allow the UK to retain the laws that work for us, but to develop more practical and UK focussed employment law mechanisms that will help us remain competitive in foreign markets. The trend towards a gig economy is probably fuelled by the high cost of employment rights and compliance with employment legislation. Brexit may even serve to turn this around, depending on what the government of the day does with employment legislation in future.
The impact of the crimes committed by corporations, business and institutes will affect more than a few people and so regulations are expected to be finely tune. Fortunately, this month we speak with an expert in financial crime, Ellen Zimiles, who reveals laws protecting indirect associated individuals in financial crime. She also touches on changes in legislation affects national and international businesses alike, and of course, the new US President and his impact on white collar crime.
Firstly, can you please update us regarding the latest US and international legislative developments in this legal segment?
Many of the most interesting developments have been outside the legislative sphere:
What do these changes mean for businesses and the government? Will they impact any other parties?
There continues to be a focus on aggressive enforcement of financial crime legalisation, with high levels of penalties and disgorgements of profits. As well as the SEC and DOJ, financial regulators in the US, including the Options Clearing Corporation, the Federal Reserve, and the Department of Financial Services are looking more to individual accountability. The focus on individuals has permeated from the US to the UK and Europe: in March 2016, a Senior Managers Regime was introduced in the UK, allowing the regulator to hold senior management more accountable.
What measures exist to detect and prosecute such crimes in the US?
Federal securities laws play a central role in the company’s communications with its shareholders and other investors, requiring complete and fair disclosures of information that would be important to a reasonable investor in making decisions about the company’s securities. The SEC has continued to be aggressive in enforcing the securities laws, and executives are regularly the targets of such actions.
Since The Patriot Act was enacted in 2002, regulators have regularly imposed penalties against financial institutions in connection with alleged violations of Bank Secrecy Act and Anti-Money Laundering regulations. Over this period there has been a 6-fold increase in the filing of Suspicious Activity Reports by financial institutions, indicating the seriousness which most banks are now taking compliance.
Are there measures elsewhere in the world that you would like to see the US government adopt?
The UK currently has one of the most progressive and developed sets of rules to fight financial crime. With a new Criminal Finances Bill set to be enacted in 2017 to prevent the facilitation of tax evasion, and news laws likely in 2018 to require procedures to prevent wider economic crime, this shows no signs of abating. The UK Bribery Act 2010 is tougher than the FCPA – criminalising commercial bribery, as well as the bribery of foreign officials and having no ‘facilitation payments’ exception. The UK introduced the 'Register of People with Significant Control' for UK companies in April 2016. This requires the shareholders of UK companies and other persons who can exercise control over those companies to be identified on a register filed with Companies House. Criminal and terrorist organisations, and corrupt individuals frequently use companies to hide their illicitly-obtained funds, and this provides a powerful means of combatting illicit financial flows, which we will probably start to see permeated throughout the world.
What laws exist to protect indirectly associated individuals in these scenarios (i.e. public privacy and media laws)?
The stakes are high in white collar criminal matters, and senior executives may be personally prosecuted for not only their own actions, but also the actions of other employees, even if they did not know about, or participate in the criminal activity. The ‘corporate veil’ does not always protect.
There are international and domestic regulations and restrictions on data disclosure aimed to protect individuals. But by the same token, these can lead to serious impediments for corporates involved in regulatory and internal investigations. They are a minefield, where specialist advice is vital:
Putting in place a strong compliance program of well-implemented systems and procedures is usually the best insurance against personal criminal liability.
Do you believe Trump’s Presidency may impact the course of the US’ fight against white collar crime, especially given his appointment of Gary Cohn?
Cohn has struck a moderate tone on issues such as corporate regulation. He has argued for the US to be a “really competitive environment”, but he appeared to take a softer position on Trump’s campaign statements to roll back the Dodd-Frank Act and reinstate new Glass-Seagall rules.
With the new administration, will come new leadership at the regulators. They will determine the focus in the types of cases investigated and the crimes prosecuted. The SEC and the Commodity Futures Trading Commission will both shift slightly their views of what constitutes a violation. I don’t think we will see corporate criminals going unpunished, but we may see a reduced emphasis on enforcement as a primary tool to regulate financial markets.
In addition, what do you make of Senator Jeff Sessions’ stance on white collar crime given his nomination as the next attorney-general?
I think it unlikely that Sessions will dramatically change the direction of white collar criminal enforcement, and based on his public positions in Congress and his previous work as both a federal prosecutor and state Attorney General he will have an aggressive approach to law enforcement. I expect to see more anti-money laundering prosecutions, particularly in cases where terrorism or national security is implicated. We should not expect a weakening of corporate criminal prosecutions.
One of their early tests will be the DOJ lawsuit against Barclays Bank for mortgage securities mis-selling (which other banks settled). By refusing to lower the demand for a large penalty, the DOJ left it to Trump’s new appointees to show how tough they will be with claims of corporate misconduct. It will be interesting to see how hard a line they take.
There are topical discussions to how Africa is becoming the hub for corporations and development, and though the continent’s constant battle with poverty and economic development is not yet over, many countries in Africa have come a substantial way. We speak to Taffesse Yirga on employment law in Ethiopia, the challenges it presents and how the country’s legislation has developed.
How has your international business from the US shaped you the way you practice law?
The business oriented program of the academy of American and international law was a very good opportunity for me to improve and broaden my knowledge in business law. Participants of the training were drawn from various jurisdictions and thus, l got the opportunity to be familiar with legal systems of various jurisdiction in general, and the American system in particular. I found it very important for my career as a practicing lawyer in my home country.
What are common problems of international corporations face when investing or setting up business in Ethiopia? What can be done to reduce the effects of this?
Ethiopia is the second most populated nation in Africa with 95 million people, and one of the fastest growing economies in the region; booming middle class Ethiopia is as an attractive investment destination with immense potential. Foreign Direct Investment (FDI) has been growing over the past two decades. The country’s energy capacity is growing from time to time, however, there are some problems in which investors are complaining. A major complaint is that Ethiopia is landlocked and relies on sea access from the port of Djibouti, which is described as one of the most expensive ports in the world. Other investors’ concerns are: lack of good governance, prevalence of the rule of law - including bureaucracy, difficulty in accessing foreign currency and so forth.
To solve these problems, the government gave due attention and remarkable measures have taken place over the past two years. However, a lot still must be done in order to overcome these problems.
You have been practicing in Ethiopia for several years – how has the countries legal sector developed? How does this compare to neighboring countries, what makes Ethiopia more appealing for international and national corporations?
The justice system in Ethiopia was very traditional; this has resulted in outdated and inefficient methods and procedures of the system. It has generally been characterised by delays in dispensation and a lack of institutional capacity in both law enforcement and the judiciary. Dispositions of cases were so delayed that rights granted by the constitution could not be implemented. Some of the most crucial problems included severe shortages of trained professionals and qualified personnel (lack of career judges), lack of essential facilities in institutions of justice and the inability of law schools to produce competent lawyers in the desired numbers. To address these and other issues facing the justice system, the Ethiopian government supported by the World Bank and several bilateral donors initiated the Justice System Reform Program and significant changes have since been achieved. The annual clearance rate reached up to 80 % and this was much better than neighboring and other African countries, as well as the crime rate being significantly lower. Favorable investment climate, 12 months of sunshine, broad investment opportunities with different incentives; all these make Ethiopia appealing for international corporations for investment.
Following from the previous question-what do you think can be changed in employment law for the legal sector to advance?
The Ethiopian employment law is considered as one of the best in Africa, in terms of compatibility with the fundamental ILO conventions. However, there some limitations of the Ethiopian labour and it is under the process of amendment. Currently, the amendment process is finalised and will be sent to the parliament for promulgation.
In my view, the legal sector is not efficient in disposing labour disputes timely, due to a lack of well trained professionals in the judiciary disposition. Labour disputes are one of the most sensitive disputes by its nature.
What are common misconducts performed in the work place that have led to cases you dealt with?
The following misconducts were most frequently observed whilst working in judicial capacity:
What are the most vital improvements that could be made in regards to employment law?
In my view, the most vital improvements that could be made in regards to employment law is to maintain a strong employer and employee relationship. If there is a strong relationship, the employee will be become more productive, more loyal toward the employer and this eventually leads to an increase of business profit. Moreover, if a work environment is friendly, the conflict in the work place is reduced, whereby peace will prevail.
The National Health Service is commended worldwide for providing free healthcare to UK citizens. It is not without its faults, however, nor is it exempt from unfortunate negligence claims. We speak with Suzanne Munroe, a Clinical Negligence expert, who has many years’ experience in this complex field. She discusses the upcoming challenges facing claimant and defendant lawyers alike, and the tremendous impact effective legal help can have on a patient’s life.
In the past few years what are the biggest challenges faced by clinical negligence lawyers? How have these impacted your work in this field?
In 2013, due to the Jackson reforms, Clinical Negligence was more or less removed from the scope of Legal Aid funding. Only cases of neurological/brain injury caused within the first 8 weeks of life remained within the scheme. It has led to many non-specialists entering the field and not doing the work properly through ignorance of the complexities and subtleties.
In addition, cases are now cost budgeted, which is a good idea in theory but in practice has led initially to inordinate delay in proceeding with claims within the courts.
One of the biggest challenges ahead is the Department of Health’s proposed fixed recoverable costs regime, which intends to limit the amount of costs recoverable by the Claimant in a successful case based on the value of the claim. The scheme is intended to be based on value, rather than complexity and numbers of experts needed. The Department of Health is driving the costs proposals in a bid to save NHS costs, yet in fact there is a real risk that this will push specialist clinical negligence firms out of the market and encourage non-specialist ‘claims farming’.
The proposals will also create an uneven playing field. Claimants in these cases will have to operate under a strict costs-limited regime, yet the Defendant will have no such restrictions placed on their costs. Many vulnerable Claimants will be unable to bring a claim as the cost of investigating their case will fall outside the costs allowed by the regime. Thus, some of the most vulnerable members of our society may not have access to justice.
You have spent almost 25 years specialising in clinical negligence claims; how has personal injury law, and the claims made by clients, progressed throughout the years?
When I took on my first Clinical Negligence case nearly 25 years ago, we had the luxury of taking on cases where we just thought there ‘was something in it’. Now we very carefully risk assess to see whether the case is likely to pass all the rigorous tests, including whether there is a risk to the business. Although this is more restrictive, we are now much better at assessing cases at an early stage and therefore less likely to take on cases that do not succeed. This is better for the clients we represent. It is not always easy to say no but I have learnt that that is far better than giving unrealistic expectation to an individual who is vulnerable and damaged already.
How do you think the NHS and medical providers can improve and change, to limit clinical negligence claims?
Many cases could be avoided with more communication and early admissions of fault. A more open and honest internal investigation process would result in earlier admissions of fault in many cases. Many patients want an explanation and an apology and if this was provided, I believe the amount of clinical negligence cases would decrease. Earlier admissions of liability would avoid the cost of Claimant solicitors fighting each stage of the case. It would encourage a collaborative litigation environment which would mean quicker, more efficient litigation, better access to justice for patients, and save money for all parties.
Your firm has been labelled as Yorkshire Law Firm of the Year three times; what do you think enabled you to achieve such a title, and how are you progressing to maintain such a high recognition?
Historically, Switalskis has a strong reputation for representing some of the most vulnerable members of society, and we have been able to maintain this reputation by continuing to provide high quality legal services to people from all walks of life, whilst nurturing new areas of work to ensure the firm’s continued commercial success. Looking to the future, we have continued to strengthen in key areas, including the firm’s wide geographic coverage, which now spans the Yorkshire region (South, West and North) as well as strategic development in key legal areas including high-value complex claimant work, which we undertake on behalf clients based across the UK.
What are the most common types of case you receive in regards to clinical negligence?
I deal with a lot of birth injury claims to both mother and child and I specialise in brain injury cases, mainly where the child has a brain injury leading to cerebral palsy. There is still the issue of the NHS being significantly understaffed in certain areas and it is well known that there is still a significant shortage of midwives.
How common is it for a defendant in a personal injury claim to make the process difficult? How complex can such cases become?
Too common, although it is fair to say that there are certain defendant firms who are much more collaborative in their approach and we usually work well together for the benefit of the claimant once we have established liability. It is still a fight, particularly with certain defendant firms who take every technical point and seem to lose sight of the injured individual at the heart of the process.
As a Thought Leader, what is one piece of advice you would offer to a professional who is new to clinical negligence claims?
“Leave no stone unturned”. By this I mean it is crucial to look very carefully at the factual and medical evidence throughout the case and to keep going back to the facts and testing the evidence. Always imagine that your case is actually in court and will be looked at in the minutest of detail.
Mini Questionnaire - Food for Thought’:
What has been your flagship piece of work and how did you apply thought leadership to this scenario?
Rather than selecting a case (as there are many) my flagship piece of work is the team that I have created and fostered. I could not do this job without my specialist and dedicated team of lawyers and support staff. I lead by example and have created a working environment where I encourage collaboration between colleagues, who are also available to assist each other for the ultimate benefit of the client.
What has been your biggest achievement in the past 12 months?
To successfully persuade a hospital trust to look again at the way they were treating my 34-year-old client who has a chronic pain syndrome and is opiate dependent as a direct consequence. I was instrumental in securing her discharge home from hospital to reunite her with her young family, after 8 months as an inpatient. I genuinely believe she would have succeeded in her planned suicide attempt if she had remained in hospital any longer. In November 2016 I then settled her case for £1m plus annual payments for life for care (periodical payments). The defendants had originally offered to settle this case for £35k.
Do you have a mantra or motto you live by when it comes to helping your clients?
“Persistence beats resistance”.
Continuous learning, development and improvement are often what spurs growth within businesses, and more importantly in the individuals driving the engine of a company. Here award-winning Professor Siedel gives Lawyer Monthly a brief overview of the free MOOCs (Massive Open Online Course) the University of Michigan offers, their overall scope and how they can benefit you in your business development, negotiation skills and more. George Siedel’s MOOC on ‘Successful Negotiation: Essential Strategies and Skills’ is one of the most popular worldwide, attracting over 500,000 attorneys, CEOs, consultants, and other business professionals. A second MOOC, ‘The Three Pillar Model for Business Decisions: Strategy, Law & Ethics’, focuses on the role of law in creating economic value.
Why do leading universities like Michigan, Harvard, and Stanford offer their courses for free?
Offering MOOCs is aligned with the mission of these universities. For example, at Michigan our mission is to create and communicate knowledge and values to develop “leaders and citizens who will challenge the present and enrich the future.”
What time commitment is necessary to complete your courses?
You can take these free courses on your own schedule, at the best pacing for you. For example, some people watch the videos two hours at a time, over several weeks, while others binge watch them over a weekend. One person who binge-watched ‘Successful Negotiation’ reported that it “felt like watching ‘Breaking Bad’. Couldn’t wait for the next video.” The negotiation course concludes with an actual negotiation in which you receive feedback on your negotiation skills.
How do the courses relate to ADR?
Both courses include modules on ADR, including videos and analyses of mediation and arbitration simulations. They also cover dispute prevention, including innovative developments in contract drafting such as lean contracting and contract visualization.
In addition to these innovative developments, how are the two courses unique from other forms of ADR learning?
The two courses are unique in their coverage of management tools that are useful to business leaders and their legal advisors. These tools include adoption of a corporate ADR pledge, use of “screens” to make ADR decisions, online ADR, and the value of a life goals analysis. The courses also cover a fairly recent development—the use of ADR in deal making.
In addition to its coverage of ADR, the ‘Three Pillars’ course shows how business leaders and their legal advisors can work together to create economic value in other areas where law plays an important role. Examples include product development, attracting and retaining the best talent, using government regulation to create new business models, and creating shareholder value through intellectual property. This focus on value creation dispels the notion that law departments are only cost centers.
How do you know whether your courses are successful?
Success is measured by the high course ratings and by feedback from people using the strategies and skills around the world. For example, an American CEO reported savings of $4 million when using a course tool during negotiations with a supplier in Asia. Other negotiators at all levels have reported millions of dollars in savings.
