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Russell-Cooke Retain Lexcel Standard Russell-Cooke has again been successfully assessed for the Lexcel v4 Law Society practice Russell-Cooke underwent its annual assessment process in July 2008 which involved interviews with broad cross section of partners, fee earners and support staff, auditing of fee earners’ files and inspection of the Firm’s policies and procedural documentation. In addition to confirming that Russell-Cooke comprehensively met the Standard’s requirements, the assessor commended the firm’s exceptional good practice in a number of areas including:
The assessor made a number of recommendations for further improvements which the Firm will look to implement including: the continued review of all firm policies on an annual basis; the implementation of a formal Community and Social Responsibility Policy; the continued maintenance and development of regular file reviews across the firm and the development of a more detailed and thorough file closure review process. For more information please contact Russell-Cooke’s Compliance Officer, Lindsey Bradley. 020 8394 6345 Further information regarding Lexcel v4 can be found on the Law Society’s website. http://www.lawsociety.org.uk/productsandservices/lexcel.page?=lshome
Report puts Russell-Cooke Amongst the Leaders in Gender Equality The recent publication of the Lawyer UK 200 Annual Report shows that Russell-Cooke has one of the highest proportion of female partners amongst the top 100 law firms. The report, which was picked up in a number of national newspapers, reveals a general improvement in the ratio of male to female partners in the leading firms. This trend contrasts with other areas of business which has seen the number of women in senior positions fall. Russell-Cooke’s Managing Partner, Nigel Coates comments “We are pleased to be amongst the top five firms in this survey. We have long exceeded the average percentage of female partners and we seek to improve staff diversity in all areas through regular monitoring and review of our policies and procedures.” A report on the survey can be found here Minis Go Big
The Russell-Cooke sponsored Rosslyn Park RFC Minis section have found themselves in the spotlight recently, both nationally and internationally. Footage of the youngsters playing in a recent match was used as part of the International Rugby Board’s video promoting 7-a-side rugby for inclusion in the Olympic schedule. The video was shown to the International Olympic Committee and one of the Minis’ teams featured prominently alongside the likes of Lawrence Dallaglio and Jason Robinson. The film can be seen on You Tube http://www.youtube.com/watch?v=oY5ybpfmOZ0 More recently, some of the Minis featured in a Telegraph feature about Jonny Wilkinson. Members of the section were photographed enjoying a training session with Jonny. The article is reproduced on the Telegraph website http://www.telegraph.co.uk/sport/rugbyunion/2633660/Johnny-Wilkinson-finds-his-way-to-a-free-spirit-training-young-children-at-Twickenham---Rugby-Union.html Russell-Cooke have sponsored the Minis section at Rosslyn Park since 2007. The sponsorship is part of the firm’s commitment to ‘grass-roots’ sport and the community.
Congratulations Rebecca
Many congratulations to Rebecca Romero who won gold in the Individual Pursuit in Beijing making her the first British woman ever to win medals in two different sports at the summer Olympics. Russell-Cooke has sponsored Rebecca since she began her career as a junior rower in the late 90s. We continued to support her when she made her surprise move to cycling in 2006, despite having won a rowing silver at the Athens Olympics in 2004. After supporting Rebecca’s career for so many years, the firm is very proud of her Olympic triumph.
New Partners Announcement Russell-Cooke is pleased announce that Mary Cheves and Helen Edwards became partners of the firm on 1 July 2008. Mary joined the Charity Team in October 2005 and advises charities and not for profit organisations on property and related Charity Law. Helen joined the Commercial Property Group in September 2006 and advises on all aspects of commercial property, with a particular emphasis on retail and development work. Taxation - Student of the Year - Congratulations! Rita Bhargava of Russell-Cooke's Private Client team was recently awarded the Society of Trust and Estate Practitioners (STEP) President's Prize for Qualified Practitioner Student of the Year in Taxation. She was awarded the prize for her thesis paper on the taxation of pre-owned assets which has been published in the student supplement of the STEP Journal. Rita was presented with the award at the recent STEP Student Excellence Awards ceremony. Click here to read the thesis. New Partner in the Charity Team Russell-Cooke is pleased to announce that a new partner, Andrew Studd, has joined the firm’s Charity Team. Andrew joins the Team from Bates Wells & Braithwaite where he was a partner. Prior to that Andrew worked as in-house counsel for major international development agency, Care International UK and spent ten years in the commercial team at Ashursts where he advised on major international transactions and management buyouts. His work includes advising on a wide range of charity law issues, constitutional and governance matters, commercial contracts, mergers and incorporations, joint ventures and reorganisations. The Charity Team at Russell-Cooke now has eleven partners and solicitors providing advice on all areas of charity, company, commercial, employment and property law. The Team, which is among the top three charity advisors in the country, continues to grow and develop to meet the changing requirements of the sector. Please click here to find out more about the work of the Charity Team and their clients.
Tribunal Dismisses Leeds United FC’s Appeal Peter Cadman, head of Russell-Cooke’s Professional Regulation department, recently sat on the Football Association’s independent arbitration panel that heard Leeds United FC’s appeal against a 15 point deduction. Peter, a leading lawyer in the regulation field, sat alongside Sir Philp Otton, a former High Court Judge and Peter Leaver QC, to consider the appeal. They found that Leeds United had signed a binding agreement with the Football League to compromise the action limiting any right of appeal to an EGM of all Football League clubs. The tribunal hearing, which lasted four days, was an important case as arguments were raised of a multi-disciplinary nature. Along with sports regulation there were issues of company law, bankruptcy, tax law and general common law principles of equity and European law. There were also issues of duress to consider in that one of the main points raised by Leeds United were that they were forced to sign a waiver agreement. They argued that if they did not sign it they would only be readmitted to League 2 rather than League 1. All these points were heard and considered over the four day hearing. Peter Cadman was featured as Lawyer of the Week (click here for the full article), in the Law Society’s Gazette because of his association with the case. Click here for a summary and full ruling of the judgement. The Case Summary can be downloaded here.
Rebecca Romero – Congratulations for two gold medals! Congratulations to Russell-Cooke sponsored Rebecca Romero, who claimed two gold medals in the space of a few days at the World Track Cycling Championships in Manchester recently. Rebecca overpowered Sarah Hammer of the United States to win the women's individual pursuit title (27th March 2008). She clocked a winning time of 3mins 30.501secs to beat the two-time defending American and, in the qualifying rounds, Rebecca set a new British record time of 3mins 29.593secs. Rebecca then went on to claim a second gold medal as part of the British pursuit team (29th March 2008). Given that she has only been cycling professionally for two years makes this an astonishing achievement. Russell-Cooke have sponsored Rebecca since she started her junior career back in 1996, as a rower! She excelled in her rowing career, winning many titles including a silver medal at the Athens 2004 Olympics in the quadruple sculls. The following year she was part of the British crew that won the 2005 World Championships in the quad sculls in Gifu, Japan. Her decision to switch sports at the height of her career was a surprise but the firm’s belief in her talents as an athlete have been wholly justified. We are immensely proud. Rebecca has now established herself in a dominant British team and is setting her sights on gold at the Beijing Games this summer.
Russell-Cooke help Pret with due diligence aspects of the sale to Bridgepoint Russell-Cooke’s Commercial Property Department have been kept busy over the last 8 months acting for ‘Pret a Manger’, dealing with the property aspects of the sale of a majority stake in the company. This involved collating information, dealing with enquiries and maintaining a secure and confidential property data room where interested parties could inspect documents relating to the company's property assets, which exceed 200 shops internationally.
Russell-Cooke Secure Significant Damages In Hospital Acquired Infection Case Janice Gardner, of Russell-Cooke’s Clinical Negligence and Personal Injury department, has this week settled a high profile clinical negligence case against Chelsea and Westminster Hospital NHS Foundation Trust on behalf of actress Lesley Ash. The case has received a lot of media attention because of the significant amount of damages (£5m) awarded to Ms Ash, which was the highest ever paid out by the Trust for a hospital-acquired infection case. Ms Ash was admitted to Chelsea and Westminster Hospital on 23rd April 2004 suffering from fractured ribs and a punctured lung. She was given a epidural to control the pain on 24th April and discharged on 28th April. However, before she left, Ms Ash noticed a boil had appeared on her back. She mentioned this to a nurse who failed to report it to the doctor and Ms Ash was sent home without it being examined. Within 12 hours of being at home, Ms Ash began to develop a creeping paralysis of the lower limbs. Chelsea & Westminster Hospital were called and a message conveyed to the surgeon who immediately sent an ambulance to take Ms Ash to Charing Cross Hospital. On the 29th Apr she was diagnosed with a life threatening infected abscess and underwent emergency neurosurgery to cut out the infection. Although her life was saved, Ms Ash was left with permanent nerve damage and paralysis as a result of the surgery. Ms Ash had to go through months of rehabilitation in order to be able to walk again. She has lost her innate sense of balance, and will always need the aid of a stick to walk. She is in constant pain and has been unable to work as an actress as she had before. Russell-Cooke were instructed in 2004 and proceedings were issued against the Chelsea and Westminster Hospital NHS Foundation Trust in November 2006. The Trust admitted breach of duty in respect of the nurse’s conduct and agreed that this exacerbated Ms Ash’s condition although they argued that some of the injuries were by that stage inevitable. However, after exchanging expert evidence between the parties, the Trust reopened negotiations. The case was listed for trial on 1st April 2008 but an amicable settlement of £5m was reached 16th January 2008. The bulk of the award was for Ms Ash’s loss of earnings but also took into account costs for her rehabilitation and her past and ongoing care. Ms Ash had suffered catastrophic injuries which ruined her career. Russell-Cooke took Ms Ash’s case on a conditional fee basis (‘no win, no fee’). For more information about this case please contact Janice Gardner: For more information about the service of the Clinical Negligence and Personal Injury department please click here.
High Court Kicks Out Football Appeal Peter Cadman and Matt Bosworth of the Professional Regulation Department represented Media Protection Services Limited in the successful dismissal of an appeal brought in the Administrative Court of the High Court by a Portsmouth licensee, Karen Murphy. Mrs Murphy had been convicted, in a matter prosecuted by Russell-Cooke, at Portsmouth Magistrates’ Court for illegally showing foreign satellite broadcasts of Barclays Premier League football matches under the Copyright Designs and Patents Act 1988 and already had her first appeal dismissed by Portsmouth Crown Court. The High Court appeal was heard before the Right Honourable Lord Justice Pumfrey and the Honourable Mr Justice Stanley-Burnton. The appellant contested her conviction by stating that there was a separate and distinct broadcast from the foreign provider as opposed to the legitimate Barclays Premier League licensee British Sky Broadcasting Limited. Her legal team went on to argue that by paying a fee to a third party (not the foreign broadcaster but a company purporting to be their agents within the United Kingdom) that she could not be guilty of any offence under the CDPA 1988. They also argued that their approach was confirmed in the various Broadcasting and Conditional Access Directives from the European Community. The Judges hearing the matter in the High Court gave their judgment on 21st December 2007 (sadly it was the last judgment handed down by the Right Honourable Lord Justice Pumfrey as he died on Christmas eve) and all arguments put forward by Mrs Murphy’s legal representatives were flatly rejected by them. The Court ruled that the CDPA 1988 was consistent with EC legislation and that the broadcast originated from within the United Kingdom. The Court went on to rule that prosecutions for showing Barclays Premier league football matches without having the correct agreement in place with the legitimate licensee were correctly brought as all such showings were illegal acts of dishonesty. The ruling confirms that broadcasters that use conditional access technologies to show sport content within the United Kingdom can do so in the knowledge that criminal statute, as well as civil, protects their Intellectual Property rights. The appellant still has arguments in respect of free movement of goods and Competition law to put before the Court – some time in January/February of this year. Click here to view a full copy of the ruling from the Administrative Court.
Corporate Social Responsibility Award Nomination for Russell-Cooke Russell-Cooke has been nomintated for a 2008 Legal Business award in the category of Corporate Social Responsibility Firm of the Year. The nomination recognises the firm's commitment to publicly funded work which accounts for some 10% of its work. Russell-Cooke was listed in the Legal Business top 100 law firms in 2007 and was singled out for its distinctive culture which aims to make the firm financially secure without being profit-driven. Tight internal controls keep the firm's overheads and fees at sensible levels ensuring that clients get best value and the firm can maintain its commitment to publicly funded childcare, family, personal injury, clinical negligence and criminal litigation work. Hourly rate headlines make good reading for Russell-Cooke clients Solicitors hourly rates have made the headlines recently as a survey by The Lawyer revealed that partners in some top law firms have almost doubled their rates in the last four years with magic circle firms now charging up to £700 per hour. The survey shows how favourably Russell-Cooke's rates compare with similar sized firms. Partner charge out rates, for example, are more than 20% lower than other major law firms according to the survey. The difference in the charge out rates for newly qualified solicitors is greater still with Russell-Cooke charging around 25% less than competing firms. The percentage increase in the firm's rates over the last four years has been similarly modest compared to those highlighted in the survey. Russell-Cooke have managed to keep costs down by exercising tight internal controls on central spending. Overheads are lower than those firms based soley in central London and this has helped keep fees at a sensible level and ensured clients get best value for money. Recognition for Russell-Cooke (Posted November 2007) The two leading legal directories, Legal 500 and Chambers Guide to the Legal Profession, were recently published and Russell-Cooke was once again ranked amongst the leading legal teams in a number of areas. In Chambers, the firm’s Personal Injury & Clinical Negligence, Charity and Criminal Litigation teams were included amongst the those leading in their areas and Deborah Blythe, James Sinclair Taylor and Jae Carwardine were listed individually as leaders in their fields. The Family and Contentious Property teams improved on their previous year's rankings with Family doing particularly well as the firm were noted as being the only one listed all three London family law tables. Both Samantha Little and and Fiona Read were listed as leaders in the field of family law. Jason Hunter was once again listed as a leader and individually improved on his 2007 ranking in property litigation. There was additional recognition for the Regulation team with John Gould being listed as a leader in addition to Peter Cadman. There was also a new entry for Commercial Property. The Legal 500 directory once again recognises the firm’s Crime, Family, Private Client, Clinical Negligence & PI, Charity, Commercial Property and Contentious Property teams as leaders in their fields. There were two new entries this year. The Criminal Litigation department were recognised for their expertise in fraud and Commercial Property for their expertise in the property aspects of the leisure industry.
Success for client following significant Court of Appeal decision Nicola represented Mr Dwyer at the retrial which was concluded in October. The client was found guilty of the lesser charge of manslaughter and sentenced to six years. As he had already served more than this time he was released immediately.
New Partner Announcement
Russell-Cooke named on Law Society Intervention Panel Summer Placement Scheme For the first time in many years Russell-Cooke is offering a summer placement scheme in 2006. A limited number of places will be offered for a week in early July. Successful applicants will spend their week in one department and will also have the opportunity to learn more about the various departments in the firm and the career opportunities on offer.
Click here for further details.
Eton College Settle Sarah Forsyth Claim |
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Jason Hunter published by Law Society Russell-Cooke Partner and Head of the Contentious Property Department, Jason Hunter had his book, 'Business Tenancies - A guide to the New Law' published by the Law Society in May. The book, which is available from Hammicks, highlights the changes in business tenancy law and explains each position before and after the implementation of the Reform Order. Easing the Pain of Personal Injury Claims Janice Gardner, Personal Injury Partner in Putney, has been asked to take a number of key roles during the development of the all new London Accident Link, after being made company secretary and a member of the steering committee. Accident Link was set up in response to the huge rise in unregulated claims management companies who "sold" claims to solicitors and made huge short term profits from selling insurance products to underwrite conditional fee agreements. In contrast Accident Link is an independent non-profit making organisation that aims to put genuine claimants in touch with reputable and local personal injury specialists. Through collaboration, firms such as Russell-Cooke are able to pool finance and manpower, and experience and expertise to compete in an increasingly aggressive competitive market. Janice's involvement means she will be able to assist in the development of the group's strategy and also drive the organisation forward as it aims to make up ground on claims management companies. Over the next 6 months London Accident Link will be launching a London-dedicated website, running a series of high profile/high quality adverts on Capital Radio and launching London Accident Link with an event at The Law Society Committee Meeting Room. London Accident Link is the newest addition to the Accident Link group and will be the "jewel in the crown" of the organisation, says Janice. Whereas the other areas and regions only involve a handful of solicitors, which in turn limits their investment potential, London Accident Link has already secured 22 PI specialists, with the potential for another three to sign up within the next few months. "The aim of London Accident Link is to get back to basics. Many highly reputable solicitors firms became involved with companies like Claims Direct and as a result have got caught up in the backlash. As a group we are looking to restore the credibility of personal injury solicitors". Charity Commission Appoints Russell-Cooke The Charity Commission has appointed The Charity Team at Russell-Cooke to its panel of advisors for its 'Receiver Manager' and 'Appointed Intermediary' activities. As Approved Intermediaries the Charity Team will offer its experience and expertise to assist Receivers and Managers when taking temporary charge of a charity during difficulties. James Sinclair Taylor, Russell-Cooke Partner and Head of the Charity Team said of the appointment: "Our application emphasises the leading reputation of the Charity Team in the charity field and the complimentary skills of Russell-Cooke." Russell-Cooke Rewards Academic Excellence Russell-Cooke recently awarded its 8th annual Law prize to Amanda Gourlay of Southfields. The prize is given each year to the best academically performing student on Kingston University's Post Graduate Diploma in Law course and is a welcome financial boost to its recipients as they embark on their legal careers. "The diploma was very hard work but I thoroughly enjoyed it. I was delighted to achieve the grade I did and receiving a prize from Russell-Cooke in acknowledgement of my efforts was the icing on the cake." said Amanda. Click here to view the full press release. French Property Partner Joins Sunday Times Dawn Alderson, Partner and Head of Russell-Cooke's French Law department has been asked to act as legal adviser for a new French law supplement of the Sunday Times. Dawn will feature as part of a regular monthly column focusing on a range of issues associated with buying or running a property in France. Dawn first appeared in the newspaper on 1st February in an issue covering a number of areas, including an overview of how new French tax rules will affect British property owners, the differences between UK and French law regarding noise pollution and a feature entitled, How to Keep Your Head Above Water. UN Agency Instructs Charity Team The Charity Team at Russell-Cooke has expanded it international work after being retained by the United Nations High Commission for Refugees (UNHCR) to advise on a range of fundraising and governance issues. The team already advises a number of other international agencies, including Planned Parenthood and the UK Committee for UNICEF and James Sinclair Taylor, Partner and Head of the Charity Team regards this new work as the next step in its international portfolio. "We are pleased to be able to further expand our international work and consider this new undertaking in part as recognition of our experience and expertise on international matters", said James. New Partner Strengthens Private Client Team Russell-Cooke is pleased to announce that David Biddle has joined the Private Client department as a partner as from 1st January 2004. David has more than 33 years' experience of dealing with complex wills, trusts and other personal assets. His appointment is central to the continuing development of the highly regarded Private Client department, which specialises in wills, probate, trusts and taxes planning. David's former firm, Pinsents, are concentrating on developing the commercial side of their practice and David's sense of obligation to his longstanding clients prompted his move to Russell-Cooke, where private client work is strategically important. David is great-grandson of Frederick William Biddle who in 1876 joined the firm that subsequently became Biddle and Co. David worked some 31 years for the family firm during which time it grew from 9 to 34 partners. Biddle and Co. merged with Pinsent Curtis in 2001 and thereafter David worked as a partner in the new firm's Personal Tax and Trust team. Click here to visit our Wills, Probate and Tax department. |
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