When deciding what to study as an undergraduate, I considered in depth whether I would be at a disadvantage if I did not study law. However, as a forensic science graduate, I can say with confidence that studying a different degree will not prevent you from getting a training contract; in fact it may even help you secure one.

Whether you intend before your degree to follow the law conversion path to becoming a solicitor, or decide to make the switch after a pursuing a career in another industry, your non-law degree can be used to your advantage.

Review the advantages of your subject

A degree in any subject will provide you with an interesting angle for your applications. Consider the skills you have developed and how they might apply to the role of solicitor. Whether your background in English Literature equipped you with excellent drafting skills or your Chemistry degree enabled you to build an analytical approach to problem solving, these skills are all relevant to a career in law.  Law firms thrive on diversity and the experiences brought by individuals from varied backgrounds.

If you know there is a specific area of law you are interested in, studying a relevant subject may help you to distinguish yourself in that area. My scientific degree enabled me to gain paralegal experience in intellectual property, a field which particularly interests me. At Michelmores we have a variety of sectors which trainees are instrumental in coordinating; your degree in Engineering, for example, may make you invaluable to our Manufacturing sector.

Most law firm recruiters say that they welcome a balanced intake of around 50% non-law graduates each year; you will not be at a disadvantage in obtaining a training contract. Just be prepared to explain your decision to explore other interests. Your degree subject is likely to be a talking point at assessment days and interviews, and once you become a trainee, at networking events.

Rest assured that you will not be falling behind on the LPC either. The Graduate Diploma in Law (the year-long ‘conversion’ course) equips you with the requisite legal knowledge to study alongside those who have studied law at University. The practical nature of the LPC is new to almost everyone.

Things to consider

Make sure to think about what else recruiters look for on your CV, they won’t focus on just the degree you studied. Showing an interest in law outside of study is vital to prove that you have a genuine passion for the profession and know what you are getting yourself into. The Michelmores Summer Vacation Scheme and paralegal work are both great ways to understand whether law is the right career for you.

Of course, there are many advantages to studying law at University too. From speaking to some trainees in my intake, this may range from being able to fully consider whether you enjoy the subject enough to pursue a career in it, to gaining an earlier insight into which areas of law you might like to specialise in through optional modules, to your University (hopefully) helping you to understand the recruitment process for trainee solicitors earlier on.

Just remember that whichever choice you make won’t be the wrong one. As a trainee you will bring attributes unique to you, whatever your background.

Aside from figuring out how to incorporate Bon Jovi lyrics into a blog title, I have learned a great deal during my first year as a trainee solicitor. Having never worked in an office before joining Michelmores, much of this has been learning how to work effectively in the new environment. That is not to downplay the plethora of “lawyering” skills I have picked up on my crash-course to becoming a qualified solicitor. Here are a few lessons which have characterised my first 12 months:

Communication is key

In your first few weeks as a trainee, despite the giddiness and enthusiasm for your new surroundings, nerves can take hold. For me, nerves made it very daunting to approach more senior colleagues and strike up a conversation or ask a question about a matter; I remember the fear of being turned away or wasting someone’s time. However, you will soon realise that sitting and stewing on a question, or browsing the depths of the internet for an answer, wastes more time than walking over to another desk and asking for help. I remember spending hours on a research task and, when presenting my findings to the supervising lawyer, I discovered that they already knew most of it. Make sure you understand the full picture before diving into a task; the best way to achieve that is often to have a proper conversation about it. Your more experienced colleagues will be happy to help and, more often than not, will be pleased to hear that you have questions. It shows that you are interested and engaging with the work that you are doing.

Speaking to your colleagues also opens the door to receiving constructive feedback. Feedback can sometimes be difficult to get hold of when rattling through tasks and sending out draft documents or research notes to various fee-earners. Taking a moment to start a conversation will present an opportunity to ask for someone’s thoughts on your work; what went well and what could be improved.

Michelmores’ open-plan office is designed for easy communication. In my current seat, I am sitting within earshot of two partners and one senior associate. This allows me not only to ask questions of these far more experienced lawyers, but also to catch snippets of insight.  This has helped me develop a more organic understanding of the work the firm does and how its clients operate.

Get stuck in

When joining Michelmores as a trainee, it is important to come in with an open mind.  Be prepared to be challenged and be willing to step outside your comfort zone. What you get stuck into may well vary according to your seat. For example, whilst in the Education team I visited schools across the country to give presentations to some of our clients, and even presented at the BETT Show to educational software companies (that’s right, public speaking). During my corporate seat, on the other hand, I have involved myself in some complex acquisitions and corporate finance deals which have presented entirely different challenges. I am not saying that you have to be a “yes man” and stack your workload up to the point of collapse, but I have been able to develop key skills by taking on unfamiliar tasks.

Volunteering yourself to assist with other lawyers’ work can also expose you to interesting and challenging work that otherwise may pass you by. This follows on from my first lesson: communication is key. If you hear that a colleague is stretched, or simply that they are working on something that interests you, throw your hat in the ring. You could also earn brownie points for showing willingness to help out your team.

Beyond the core “legal” work, I have also learned that there is great value in networking. You can learn a lot at the events that you attend and the people you meet when you get there.  It is never too early to start building your personal network. Don’t just take it from me – Gemma Neath talks all about the art of networking in her trainee blog, “Networking and building relationships“.

Pause for thought

As a trainee solicitor at Michelmores, you will sit down twice during each seat for a formal review with your supervisor. I have had four of these reviews since joining Michelmores and “attention to detail” is discussed every time. This is not necessarily a bad thing, as my supervisor assures me; it is a skill that continues to develop throughout your career. It is certainly a skill that takes time to master, and your time as a trainee is the perfect opportunity to get to grips with it.

During my first year I have also learned the importance of taking your time when carrying out work; even where you feel under pressure.  Keeping calm and focussing instead on the precise details of the document you are working on will save you having to revisit it later; pause, think, proof-read and make sure you have addressed all of the relevant issues.

My first year as a trainee solicitor at Michelmores has been a real learning curve (pardon the cliché) and the next twelve months will no-doubt bring a totally different array of opportunities and challenges as I approach qualification.

I’ve lost count of the number of times throughout my training contract that I have been told that I must be one or the other – that is, contentious or non-contentious. Although many trainee solicitors will have known from the start whether they were going to be a litigator or a transactional lawyer, I spent a lot of time at the beginning of my training worrying why I did not have an immediate preference.

What’s the difference?

Contentious legal work relates to a dispute between two or more parties, which could involve litigation, mediation or arbitration (amongst others). Non-contentious legal work does not involve a dispute. It could either be transactional, for example advising a party on the sale of their business or the grant of a tenancy, or it could be advisory, such as providing tax planning advice.

My non-contentious seats

The first two departments I worked in were both purely non-contentious, but very different. My first seat in Education was a mix of advisory work (providing guidance on queries such as foreign teacher status and disability discrimination) and transactional (academy conversions and creation of Multi Academy Trusts). My second seat in Commercial Property was purely transactional with a focus on leasehold deals of varying sizes.

My contentious (and mixed) seats

In my second year, I knew that I had to give contentious work a try. My third seat was in Employment which was a mix of contentious/ non-contentious matters. The non-contentious side included drafting employment contracts and advising on issues such as poor performance and redundancies. The contentious work involved acting for both claimants and defendants on a wide range of disputes ranging from whistleblowing to sham redundancies. I am now in my final seat and my time is split between our London Corporate and Commercial Litigation teams. The Corporate part of the seat is purely transactional and involves advising on the sale or purchase of shares in a business. Unsurprisingly, the Commercial Litigation work is purely contentious! I draft court documents, prepare trial bundles and have visited the Royal Courts of Justice on a few occasions.

How do they compare?

Non-contentious work generally lends itself to shorter, more regular instructions and arguably the ability to build longer-lasting client relationships. There is also the opportunity to be involved with lots of legal drafting.  In my non-contentious seats, particularly Commercial Property and Employment, I tended to be given higher levels of responsibility and client contact, mainly due to the fact that there were a number of smaller matters that suited being run by a trainee.

My contentious seats have often involved more collaborative working within a bigger team. Some disputes, particularly if they end up going to trial, can last for years and therefore you’re unlikely to see a dispute from start to finish within a six month seat. However, it is great to be involved with the different stages so that you are able to appreciate the huge amount of work that goes into each phase of a case. In contentious work, you also tend to have better control of your diary as deadlines are set far in advance by the court – this allows you to predict your own busy periods months in advance.

Which one am I?

Both! My training contract has taught me that it’s ok not to be purely contentious or non-contentious, and it’s also fine to start off thinking that you might be one and end up changing your mind (that’s the importance of the seat rotation process). I am qualifying into the Employment team in September and one of its major selling points is the mix of contentious and non-contentious work. I like talking to clients daily and supporting them on their general queries, but advising on the occasional dispute is what makes a mixed department so interesting.

What is Biodiversity Net Gain (BNG)?

How is BNG measured?

1. the post-development biodiversity value of the onsite habitat;
2. the biodiversity value of any registered offsite biodiversity gain allocated to the development; and
3. the biodiversity value of any biodiversity credits purchased for the development.

Achieving BNG

1. on-site provision;
2. offsite provision; or
3. statutory credits.

1. aim to avoid or reduce biodiversity impacts through site selection and layout;
2. enhance and restore biodiversity on site.
3. create or enhance offsite habitats, either on their land or by purchasing biodiversity units on the market; and
4. as a last resort, purchase statutory biodiversity credits from the UK Government, where they can demonstrate that they are unable to achieve biodiversity net gain through the available onsite and offsite options.

DEFRA Biodiversity metric

Local Nature Recovery Strategies

Ecological corridors

Biodiversity gain site register

Biodiversity gain plan

1. the steps taken to avoid and/or minimise the adverse effects on the biodiversity of the on-site habitat and any other habitat;
2. the pre-development biodiversity on-site;
3. the post-development biodiversity value on-site; and
4. how BNG is to be delivered.

Statutory biodiversity credits

Habitat sites and habitat banks

Conservation Covenants

Concluding remarks

‘Pandemic trainees’ – a term affectionately given to those in my position. Those starting their training contract in a lockdown; masters of virtual connection and now just beginning to experience in-person interactions. To aid our virtual expertise, Michelmores enrolled its trainees in training courses delivered by Alastair Banks, Co-Founder of Optix Solutions, to develop our approach to our professional networks.

In particular, LinkedIn has been highlighted to us as an important tool not just to utilise, but to utilise correctly. Below I set out some key points for trainees, and anyone else looking to grow their LinkedIn networks.

Why is LinkedIn important?

Understanding ‘why’ should be a precursor to knowing ‘how’. Without acknowledging and understanding why you are doing something, you are less likely to create a good habit by actually doing it. For legal job applicants, trainees, solicitors, and all others involved in the legal sphere LinkedIn is a valuable tool. When used correctly, it can expand your client and professional networks and may lead to job interviews and client introductions. Given that we are now in the digital era, virtual connections are real opportunities and LinkedIn tangibly maps out your potential networks, doing the hard groundwork for you.

How LinkedIn works 

This may seem like a meaningless point – surely everyone knows how to use LinkedIn by this stage? That’s what I thought, giving myself a comfortable 6/10 when asked if I knew what I was doing. A review of my ‘social selling index’ 5 minutes later returned a poor score of 21/100 – clearly I did not understand how LinkedIn truly works, or, if I did, I was not putting my knowledge into practice. And this is key – practice makes perfect. Take an hour or two to familiarise yourself with the site, and not just the ‘post’ and ‘connect’ buttons. Write an article, share interesting content, and don’t be afraid to be yourself.

Build connections (but not just by clicking connect!)

The more connections you have, the more meaningful opportunities will present themselves, right? Not necessarily; a scattergun approach may yield some results but utilising a strategic approach when connecting with others will likely yield better results. By all means, connect with many people, but do something like exploring your Alumni networks – you will already have a mutual interest, and this will be a great starting point for conversations. Also build connections by engaging with the posts of others who explore topics and conversations that you resonate with – like, share or comment with your thoughts on the matter. The connections you make won’t then just be sitting in your ‘Connections’ bank, they will know your name and want to engage with you in return.

The points discussed above provide just a snapshot of the importance of LinkedIn when building a professional network, but they are a great starting point. For a better understanding, enrolling in training courses will provide a deeper look into the potential of the platform, and of the wider concepts that should inform your approach to your professional network.

Northern Ireland has recently passed the Domestic Abuse (Safe Leave) Bill, which will entitle victims of domestic abuse the right to up to ten days of paid leave a year from the first day of their employment.

What is the current law? 

Australia, New Zealand, Canada and the Philippines have already got laws in place which allow those suffering domestic abuse to paid leave. However, the UK currently does not have any legislation in place which entitles staff to paid time off when they are suffering domestic abuse. Northern Ireland is the first nation in the UK to take steps to make this law.

In January 2021, the Government published a report on Workplace support for victims of domestic abuse. The Government report recognised the importance of work and the workplace for victims of domestic abuse. However, it also looked into how abusers can intrude into a victim’s work life and what can be done to protect victims at work.

The report considers three aspects of help for victims:

• Employers being able to identify instances of domestic abuse affecting their staff.
• The positive role that employers can play in providing support and access to specialist services.
• The role of employment rights, in particular flexible working.

Following the publication of the report, the Home Office has indicated that it will continue to promote awareness of the role of employers and their duty of care towards employees facing domestic abuse. This includes guidance that has been produced alongside the Domestic Abuse Act which came into force in April 2021.

The Government is also aiming to set up a working group to drive a broader culture change to encourage employers to develop policies and procedures to account for domestic abuse. This group will include Government representatives, employers, trade unions and representatives of domestic abuse victims. The main aims of the group will be to consider how to develop safe and inclusive workplace environments and look into how victims and their employers can be better supported.

Whilst there will always be more support that can be provided, this is a positive step in providing those suffering from domestic violence some support. With Northern Ireland introducing special leave for victims, it may be that the rest of the UK reassess the measures already in place.

What has Northern Ireland introduced? 

The Domestic Abuse (Safe Leave) Bill will give employees in Northern Ireland a “day one right” to take 10 days of paid leave where they are victims of domestic abuse.

This has yet to be introduced, and future regulations will provide more detail on how this will work, but the Bill sets out the following key points:

• The leave will be available to all employees from the first day of their employment, without any qualifying service requirement.
• The leave is intended to be used for issues relating to the abuse, which could include (but is not limited to) obtaining legal advice, finding alternative accommodation, taking advantage of healthcare, obtaining welfare support and protecting family members.
• The leave may be taken at the same time as other family-related leave.

Why is this important?

In August 2020, a joint investigation by BBC1’s Panorama and Women’s Aid found that around 2.4 million adults in England and Wales suffered domestic abuse every year. This increased significantly throughout the Coronavirus pandemic, with police receiving reports of domestic abuse every 30 seconds during the first 7 weeks of lockdown alone. The charity Refuge reported an increase of 65% in demand for its helpline and a 700% increase in visits to its website during the initial stages of the pandemic. The increase in demand for services such as these, expedited the need for a review and changes to take place to protect victims of domestic abuse.

Domestic abuse, whilst occurring at home, impacts every part of an individual’s life, including their work. As a result, many are asking for changes to happen in the employment setting to ensure that the correct protections are in place for those suffering domestic abuse.

What can employers do to support victims of domestic abuse?

Irrespective of whether any legislation is in place to protect staff, employers can put into place a Domestic Leave/Domestic Abuse Policy and provide relevant training to their workforce. A policy could provide staff with the right to take leave without using up their holiday entitlement, and/or could include other measures of support (such as temporary adjustments to working patterns or hours) to help staff who are victims of domestic abuse.

Training of management, and indeed all staff, could also be implemented to ensure that staff suffering domestic abuse can raise this with the relevant people and get the support they need when at work.

A recent case has provided some interesting insight on property development. It related to the development of an ‘eco-town’ in Oxfordshire where negotiations broke down between the developers.

We flag a couple of key points to take away:

1. The background was a strategic site built up between 2009 and 2014. In 2015 the parties entered into heads of agreements to use ‘all reasonable endeavours’ to enter into a conditional sale contract. By 2018 the parties had failed to conclude the conditional sale contract and relationships had become strained.
2. The matter went to Court. One question was what ‘all reasonable endeavours’ meant. While the meaning of these words is important in all commercial contracts, the property context adds colour to how they will be interpreted and provides guidance for real estate deals.
3. The case confirms that there is a spectrum of what endeavour clauses mean. Generally, ‘reasonable endeavours’ is at one end and ”best endeavours” is at the other end.
4. It was confirmed that “reasonable endeavours” is the lightest obligation and the judge stated “if one reasonable path is taken then the obligation is discharged“. This is compared to “best endeavours” which was said will likely require the “sacrifice of some commercial interests on the part of the party, whereas an obligation to use all reasonable endeavours is probably less likely to do so“.
5. The Court considered what the obligations to use “all reasonable endeavours” to negotiate the further property contract meant. Stating that this is “normally interpreted as requiring all reasonable paths or actions to be exhausted. In this respect it may be said there is little difference with such a clause and duty to use best endeavour“. 
6. The point we highlight is the distinction made between one reasonable path and all reasonable paths.
7. While all reasonable endeavours falls between best and reasonable, fleshing it out further the Court stated that all reasonable endeavours will likely mean active steps and that “passivity or inactivity is likely to be construed as a potential breach“. 
8. The example from the case was not providing a red line plan of the land area in question. This was seen as possible, if not standard, in property negotiations. Hence the view of the judge was that this inaction could constitute not using all reasonable endeavours.
9. It is interesting that the Court put the meaning of “all reasonable endeavours” much more towards best endeavours, even in the context of an obligation to negotiate. It is clear that ‘all reasonable’ is less in the middle of the spectrum and more towards ‘best’.
10. So it should be borne in mind when considering signing up to such wording that the party will be taking obligations to be active and following through on at least one reasonable pathway, to show the commitment has been satisfied.
11. This case highlights that property development is uncertain. Drafting wording to cover uncertainty is tricky. Setting out in writing what steps a party will do, in detail, to achieve the given result can avoid further dispute as to what action is expected or required.

The case is Brooke Homes (Bicester) Limited v Portfolio Property Partners Limited and Others [2021] EWHC 3015 (Ch). The property development company was awarded over £13m in damages. It is a long judgement but worth a read, for those interested in property development. The judge also comments on remote trials and mentions COP26 in the background.

This article is for general information only and does not, and is not intended to, amount to legal advice and should not be relied upon as such. If you have any questions relating to your particular circumstances, you should seek independent legal advice.

1. What are some of the major factors that influence the treatment of stock options and restricted RSUs in an M&A deal?
2. Which consumer lending platform has partnered with PayU to offer a cardless EMI payment option to consumers?
3. What is the fair value of a futures contract with a storage cost of 2%, an interest rate of 4% and a spot price of $800 over a 1-year period?

…These are but a few of the questions that will never be asked in the commercial awareness stage of your interview.

If, like me, on first encountering the phrase ‘commercial awareness’, you imagined that your interview might require you to opine on the matters in the ‘Companies’ and ‘Markets’ pages of the Financial Times, or to have absorbed the discussions in BBC Business and The Economist; you’ll be relieved to find that this is not what your assessors are interested in. For the purposes of your assessment day or interview, being commercially aware means appreciating that the firm to which you are applying is a business operating across multiple industries, competing in the market of legal services.

A typical question that invites you to acknowledge this might refer to a firm’s strategy for growth, its position in the market, or the economic pressures or disruptive forces with which it must contend. When meeting a question like this, it is helpful to remember that demonstrating commercial awareness is one part what you know, and two parts how you think.

What you know

It is undoubtedly true that having a firm understanding of a broad range of commercial topics (business media, corporate finance, political/current affairs) and keeping up with headline legal developments will put you in good stead to field many ‘commercial-awareness-type’ questions – and you should certainly aim to achieve this. But on assessment days, as in practice, commercial questions are personal, not general. They require, above all, that you know the firm and its clients.

– The Firm

To take an example from the list above, a question on a firm’s strategy for growth cannot be answered without specific knowledge about, for example, the firm’s core practice (is it national or international?), its client-base (mostly private or corporate?), its history and ambitions (has it expanded organically, or does it favour acquisitions?). Much of this information will be available in websites like Chambers Student and Lex100, but your first port of call is the firm’s own site and publications.

If the question relates to external factors—economic challenges, disruptive technologies, legislative intervention—the same principle applies. Are recent changes to legal aid relevant to the firm in question? How has the firm responded to advances in legal technology? How would further liberalisation of legal services impact this firm at this time, and why?

– The Clients

More important than the ability to list the recent deals or key clients of a firm, is proving that you understand the sectors within which they operate. As I write this, I am approaching the end of my final day in my first seat – Construction and Engineering. I have found that while my legal studies prepared me for the nuts and bolts of my role as a trainee, getting to grips with the industry as whole—learning its vocabulary, recognising the main players, discovering trade publications and media—was essential to forming an appreciation of our clients’ goals and circumstances. This too is commercial awareness.

Whether or not you’ve decided precisely what sort of practice area you would like to specialise in, it is worthwhile dedicating some time before your assessment day to thinking about your interests generally. Technology, property, energy, education… Whatever you’re curious about, investigate the industry as a whole, and consider how it intersects with legal services, and especially with the work of the firm.

How you think

With the best of intentions and many hours of preparation behind you, you might still be asked about a topic that is outside your comfort zone. This is no disadvantage if you approach the question with a few core principles and assumptions in mind. If you don’t have the facts and figures at hand, remind yourself that your interviewer or assessor is looking not only for future trainees, but future partners – business leaders who consider the implications of various commercial pressures for their firms, and who recognise the strategic benefits of maintaining strong professional relationships with clients.

You may not know much about artificial intelligence, for example, but you can consider the competitive implications if some law firms can adapt to or develop new technologies, and others can’t. Maybe you didn’t read about a ground-breaking new precedent referred to by your interviewer, but you can acknowledge that it provides an opportunity to reconnect with those clients for whom it may be relevant. Commercial awareness encompasses considerations like these, that draw connections between the commercial issues of the day and the services that we can provide.

Key takeaways

• Being ‘commercially aware’ does not require that you learn the ins-and-outs of every item in the business pages of your go-to news source.
• Commercial awareness means appreciating that a law firm is a business operating across multiple industries, competing in the market of legal services.
• Demonstrating commercial awareness means drawing connections between the issues of the day and the services that we provide.
• Approaching commercial awareness questions is not only about what you know; it is equally important to think like a business leader.
• When confronting an unfamiliar topic, consider how it relates to the bottom line, and the challenges or opportunities it presents to client relationships.

Preparing for an interview can be both exciting and overwhelming. As it can be difficult to reach the assessment centre stage, getting this far shows you should be confident in your abilities.

Now that the interview you have been waiting for has arrived, do not fear and see the helpful tips below to find the best way to prepare for your assessment day at Michelmores.

Research

It is imperative to thoroughly carry out your research prior to attending the Michelmores assessment day. You should consider the areas of law that Michelmores specialise and ensure you are in a position to discuss any recent deals/cases/articles that have intrigued you.

By researching trainee experiences and the firm’s expertise and knowledge, you can make a note of why Michelmores’ training contract is attractive to you. Think about why you possess the requisite skills to make a great trainee solicitor. You may find that the friendly culture at Michelmores appeals to you, or that the diversity and inclusion initiatives resonate with your own values. These things will evidence why you believe the Firm is the right fit for you – always remember to avoid generic answers. As always, commercial awareness is key – please see our previous blog here by fellow trainee Luke for further on that topic.

Think about where certain departments sit in terms of their expertise and knowledge in the legal sector. Michelmores’ website, the Legal 500, and Chambers Guides may be a helpful introduction to guide to you.

Develop and reflect from previous feedback

Reflect on any feedback you have received from previous assessment centres or other roles at work or at university. For example, if you have been told you speak too quickly when you are nervous, practise slowing down and highlighting your points clearly.

Practise

Think about what questions might come up. Try to incorporate the following:

1. give thoughtful examples of how your skills meet the expectations of a trainee at Michelmores;
2. avoid reciting rehearsed scripts to avoid seeming unnatural and ensure to address the question you have been asked; and
3. prepare some questions to ask the interviewer. You will be told who is interviewing you in advance, so you can try to make your questions applicable to the person interviewing you.

Be confident

You have made it through to the assessment day, this is very impressive in itself! Be confident in your ability to answer any questions. If you have not heard the question, ask the interviewer if they can repeat the question. Feel free to take a pause if you need a moment to fully understand the question before answering.

By trying to connect with the interviewer, you can show a more personal side. While you need to be professional, you should try to relax and show what makes you a unique candidate. Michelmores is interested in people as well as lawyers, so interviewers appreciate hearing about any hobbies/skills you may have. A key skill as a lawyer is to be able to work well with clients and colleagues alike, so don’t be afraid to show your personality!

Practical tips

Setting up for the virtual assessment day will make you feel more relaxed and give you less things to worry about during the interview process. Here are some practical tips to consider:

1. test your equipment before the assessment day;
2. make sure your laptop and phone are charged or plugged in. IT issues can happen to anyone but as long as you have tried to mitigate any risk of this happening it will be understood if your Wi-Fi disconnects, or you have a power cut;
3. set up your laptop to use a blurred and clear background with minimal distractions;
4. read the material you have been given by Michelmores beforehand. You may be asked to prepare for scenario-based questions rather than competency-based questions; and
5. dress appropriately.

Good luck with your interview at the assessment day. If you have any questions, please feel free to contact me at Lucy.Atkinson@michelmores.com.

As in-person networking sees a return this spring, many of us will seek to reconnect with organisations we knew before, or look for new way to generate new work, and improve their existing work.

For those of you not familiar, CESW is the single organisation charged with driving the change agenda in construction within the south west region, and it forms part of the Constructing Excellence Regional Partnership. In their own words: “We exist to improve industry performance in order to produce a better built environment.  We are a cross-sector, cross-supply chain, member-led organisation operating for the good of industry and its stakeholders.”

I took over from Alan Tate when he stepped down from the role of CESW Company Secretary in 2021, and I know that Michelmores are delighted to have that role back within the firm. Michelmores Construction Team has also recently welcomed solicitor Katie Pickering, who, in addition to her legal work, is Club Secretary to Constructing Excellence Gloucestershire Club (CEGlos).

CESW and CEGlos are busy over the coming months with their usual mixture of networking events, site visits and learning opportunities. The weekly free LeadersMeets webinars continue to be a popular source of knowledge. For the organisation’s members, the Theme Groups have been re-launched for 2022 including new groups to focus on the Climate Crisis and Building Safety.  These groups present a vital opportunity for businesses at any point in the supply chain to engage with each other to ensure cost-effective best practice on every project.

One of CESW’s key priorities is addressing the industry’s labour shortage crisis, with particular focus on a drive to recruiting the school leavers and graduates of Generation Z (born between 1997 and 2012). The organisation has recently published their Constructing the Future document. More than a report, it sets out a clear plan on improving young peoples’ perception of the construction sector with the aim of encouraging them to consider a career in construction.

Central to this campaign is Generation 4 Change, another of Constructing Excellence’s initiatives that aims to give a voice to young people within the sector and empower then to be a positive influence on UK construction. Katie Pickering sits on the CESW G4C committee and works with other young professionals across the sector in the south west.  CESW members are encouraged to send new-to-industry colleagues to G4C events (virtual and physical) as a great way of supporting them, ultimately improving your own retention rates.

Finally, a note on in person networking events and site visits: making a very welcome return in 2022. The Michelmores Construction Team will be attending events run by CESW, CEGlos and the newly formed CE Devon Club, and in due course we look forward to working with the CE Bristol Club Chair to support events in the city too. These events offer something for everyone: if you plan to attend do let us know so we can make sure we find you in the crowd to say hello in person.

COP26 has sparked huge debate across the world on how we treat our planet and how we can better use the resources that we have. The construction industry is coming under increasing pressure to innovate and to reduce its carbon footprint – having been found by one United Nations report to contribute up to 36% of final energy use and 39% of energy and process-related CO2 emissions in 2018.

It is notable that sustainable construction in the private sector is becoming increasingly common and the government last month announced some £440 million of funding for construction projects to kick start the net-zero carbon emission strategy, focussing largely on the production of cleaner energy. So as a funder, developer or contractor, how do you ensure that your project doesn’t harm the planet without costing you the earth? Here are a few ways that we have helped our clients to ‘build green better’.

One way to enhance the green credentials of a project is to start at the beginning – with the procurement process and contract strategy. Whilst the traditional preferred funding mode of single point, design and build remains popular, developers and their funders are increasingly looking at more efficient procurement methods – including the use of off-site and modular construction to reduce material wastage and to reduce over-specification and transportation impacts. That has lead to a revival in more diverse construction procurement methods such as construction management which allows for greater diversity in the sub-contract chain. Tender enquiries can also be used to flush out, at an early stage, how well contractors and their supply chain would fit within a project where a key criteria is to enhance sustainability and reduce environmental adverse impact.

A further way to promote sustainability and environmental considerations in a construction project is in the materials that are specified for use and used within it. It is no longer unusual to come across provisions in a design appointment or construction contract which require the appointee to specify and use sustainably sourced timber, to permit the use of recycled materials where appropriate and to encourage parties wherever possible to source build materials locally to prevent significant transportation.

Finally, and perhaps most obviously, setting out contractual requirements for the performance of the completed works is a great way of ensuring that a project meets its conceptual environmental goals. We have seen examples where, for example the achievement of a certain BREEAM rating is either a condition precedent to practical completion being awarded, or failure to so achieve that or a particular EPC rating is subject to a liquidated damages regime. Parties are increasingly looking also at using key performance indicator regimes to attach to sustainability and waste targets to attach real weight to the importance of these factors to both developers and end users.

At present the standard forms of construction contract contain little more than a ‘nod’ in the direction of environmentally friendly contractual provisions. The JCT, for example as an option in its supplemental provisions allows the parties to encourage the Contractor to “suggest economically viable amendments to the Works, which if instructed as a Variation, may result in an improvement in environmental performance in the carrying out of the Works or of the completed Works”. This is a box often ticked, but then often forgotten – but the idea of producing standard clauses in relation to climate change has been picked up by a group of lawyers called The Chancery Lane Project – who have now produced a set of innovative provisions which can be used by any parties to a construction contract. These clauses include provisions regarding sustainable on-site working practices, a climate duty of care, the reinvention of a waste management plan, energy efficiency requirements, emissions management and material procurement, to name a few.

These are testing times for the construction industry as it adapts both to the policy changes and societal expectations placed on it in respect of environmental responsibility and we expect these issues to only grow in importance as we move towards net-zero CO2.

Levelling Up the United Kingdom, a White Paper, was presented to Parliament on 2 February 2022. Its mission is to rebalance the UK economy and redress regional inequalities – i.e. to provide a more even distribution of wealth and opportunity across the UK. ‘Levelling Up’ is a multi-layered concept which focusses on spreading opportunities and improving public services where they are most needed, boosting productivity, pay, jobs and living standards through the expansion of the private sector and restoring communities, local pride and belonging and empowering local communities.

It should be noted that the White Paper is policy-driven and so the finer detail is to come but it does include some key themes which will be of interest to those in the housebuilding sector:-

Brownfield Regeneration

The Government will promote the regeneration of brownfield sites across 20 towns and cities. This is to be backed by a £1.5bn ‘Levelling Up Home Building Fund’ targeted towards SMEs, the creation of an ‘Office for Place’ (to pioneer design and ensure that brownfield developments enhance existing settlements) and the bolstering of CPO powers. The overall target is for the delivery of 160,000 homes on brownfield sites, primarily within the proximity of existing transport infrastructure which is often seen as an advantage vs. greenfield schemes where the delivery new roads and facilities are required to unlock development potential.

£11.5bn Affordable Homes Programme

Will deliver 180,000 affordable homes (75% of which will be outside of London) funded by an additional £38bn in public and private investment. There is also a greater role for Homes England to use its ‘resources, experience and buying power’ to help local leaders to fulfil greater affordable housing quotas.

Focus on First-Time Buyers

In addition to the re-vamped Help to Buy Scheme launched in 2021 more focus will be placed on lenders to maximise the availability of low deposit mortgages. First-time buyers will also be assisted by a ‘First Homes’ scheme which provides a discount of up to 30% for younger buyers and key workers. Further, the Government also vows to unlock the barriers to entry for those looking to get on the property ladder and the problems of locals being priced out of their local markets. Finally greater transparency at the outset of the purchasing process is advocated – which will involve availability of key digital information (including tenure type, lease length and service charges) to help avoid housing transactions from falling through (currently around 1/3 do).

Reform of the Planning System

Proposed reforms include greater CPO powers to aid site assembly for brownfield schemes. There is also an emphasis on streamlining the Local Plan process with improved data resources (the White Paper flagged the fact that only 39% of all Local Authorities have adopted a Local Plan within the last 5 years). The Government also claims to be ‘developing models for a new infrastructure levy’ and there is mention of providing support for the transition to Net-Zero.

Decent Homes Standard

Is to be introduced for the private rented sector as part of a wider review. Also proposed is a ‘National Landlord Register’ and the possible end of section 21 ‘no-fault evictions’.

Scrapping of 80/20 Funding Rule

Which provided that 80% of Government funding for housing delivery was directed towards ‘lowest affordability areas’. This model had become somewhat obscured by focussing purely on affordability rather than availability. The result was that certain parts of the country (most noticeably the midlands and north of England) were at a comparative disadvantage, notwithstanding that their ‘house price to earnings ratio’ was lower, due to the fact that the low levels of housing supply available to them were not taken into consideration.