by David Cooper
“Judge Banks. I get the impression that Collins has never argued a case in front of her before. She’s a bit of a maverick. A real technophile, for a start. Won’t stand on ceremony. Really hates time wasters and points scorers. And don’t let her even get started on anyone who she thinks is clocking up costs for the sake of it.”
“I remember the last hearing.” Lennie said. “She gave Wagstaff a really hard time. Not that we can expect an easy ride next week.”
“Absolutely. Now, one last point before I forget. Have you lost any more candidates since the last main hearing, other than those I already know about?”
“Thankfully not.” Karen replied. “I’d like to think that my defensive marketing exercise did the trick. I did lose Hillier and Russon, but I might have managed to stop it getting any worse.”
“That’s double edged, of course.” Lennie added. “I wouldn’t be surprised if Avery has the brass neck to twist that into an argument that you shouldn’t get a permanent injunction for the rest of the restraint period. And then goes after everyone on the database right after the judgment, if you don’t get it.”
“You’re right.” Soraya agreed. “We need Marian Banks to find that he’s been deliberately and wilfully dishonest, as if he’d weighed up what he was doing wrong and decided he’d still come out with a better net return. If she decided he’d only acted as he did out of naivety, this could still all go pear shaped.”
Friday 14 th June
“God, that sounds horrible.”
Craven had met up with Jackie for their weekly lunch. Jackie did not wait long before asking whether his morale was still holding up, after the ordeal of his appraisal and the unexpected reversal of fortune later that day when Squire had asked him to appear as a witness for Avery. Never for one moment did she expect Craven to tell her how Squire had flown into a rage at him, all because of Squire’s own failure to explain the Edgborne Materials file properly.
“I know. And it wasn’t so much the way he blamed me for what he should have told me in the first place. It was the way he let himself go. I can’t understand people who have these….. these hidden tendencies. These terrible mood swings. I know he can be stern sometimes, but he’s usually quite calm when he’s dealing with problems.”
“I’ve never had anything much to do with him. At least not as far as work’s concerned. I have had the occasional over attentive comment from him at social events, though.”
Craven looked blank, not wanting to respond for fear of trespassing on dangerous ground. Jackie saved him the embarrassment.
“He always seems to fancy himself as a bit of a ladies’ man. Sometimes when I’ve gone to one of the firm’s functions on my own, when Adam’s been on duty abroad, I’ve caught the odd remark from him that’s really pushed the boundaries. I’m not the only one. And that’s before he starts undressing us with his eyes.”
“You mean…”
“Oh come on, Paul, even you must know. Lingering stares. Not at our faces. A bit lower than that. Sometimes more blatant than subtle.”
“But I thought he was married.” Craven was anxious to steer the conversation away from issues he had always found uncomfortable.
“You’re right. But rumour has it that his wife’s become a right old battleaxe. And there’s been a few suggestions that he’s had affairs. I remember going along to a joint party with the Lewis Hackett lawyers in the week before Easter. One of them, I forget her name now, Jenny something? She was working out her notice, so she didn’t really care about spilling secrets. She told me something that one of the partners at Lewis Hackett had let slip. One of Squire’s ex-mistresses went to his house and vandalised his car after he dumped her, not that long ago.”
“Jackie, I really don’t think I ought to hear any more of this. I’m still torn about how comfortable I’m ever going to be. In his department.”
“I’m sorry.” Jackie thought for a moment. “So what’s this court appearance you’ve got next week?”
Pleased at the change of subject, Craven told Jackie why he had been asked to go along as a witness.
“Sounds interesting. I think that could really work in your favour too.”
“What do you mean?”
“It seems to me as if you’ll be getting a really easy ride. Especially if all you’re doing is confirming that two documents are genuine.”
“But I’m still a bit concerned about being told to say that I can’t remember anything else. And having to make sure that anything I say will help Wayne Avery, before I actually say it.”
“Don’t worry about it. You won’t be harming anyone. And you’re going to be firmly back in Squire’s good books as soon as it’s over and done with. I’m sure about that. That business from earlier this week will soon be forgotten about.”
“I hope so.” Craven looked at his watch. “I’d better go. Usual five minutes’ start?”
“Usual five minutes start. Same time next week?” Craven nodded. “Good. You’ll be able to tell me all about the case. And I’d like to think it will give Squire every reason to be really pleased with you.”
Monday 17 th June
Hearing the tap on the door of the private conference room, Karen gave an involuntary shudder, sensing that the trial of her case against Avery was finally set to be called before the judge. But when the door opened to reveal a distantly familiar face from her first visit to Birmingham High Court, rather than the court usher, she deliberately gave it a cool and unfriendly stare. The visitor paid no attention to Karen, Lennie or Dawn.
“Hello Soraya, Grant Collins. Good to meet you at last. Can I have a quick word, off the record?”
Karen had spent an uncomfortable weekend. On the previous Friday, knowing that she would be away from her desk for the whole of the two day trial, she had steeled herself to survive and complete a twelve hour working day. Sheer exhaustion had kicked in almost as soon as she returned home, and the gym session that she had planned for the Saturday morning soon became nothing more than wishful thinking. She could find little enthusiasm for the girls’ night out that had been tentatively suggested for the evening, and when she finally plucked up the courage to try Edward’s number, she only found herself listening to a pre-recorded message about rotas and duties. With the Sunday passing in a similar blur, she would never know that Avery had spent his own weekend in a haze of nightclubbing before settling down to revise his evidence on the evening before the trial.
But she knew exactly how to play along with what was now unfolding, thanks to Soraya’s foresight. She had correctly predicted that Avery’s barrister would make an approach.
“You too, Grant. Feel free.” Soraya could sense that her opponent was angling for her to join him in the open plan waiting area, but she remained resolutely seated. “Don’t worry about my client and my instructing solicitor. It’ll save time if they hear it straight out.”
The response was not what Collins was expecting. He had not anticipated any need to explain Avery’s position to anyone other than a fellow barrister.
“Oh…OK, if that’s what you want.” He eased his angular frame into the conference room and remained standing. “Well, as I said, off the record, I’ve been asked to find out if there’s any scope to stop this action now, before it’s too late. As far as we’re concerned, your client’s looking down the barrel of a gun, and it’s her last chance…”
“That’s not the way I see it.” Soraya chose that moment to stand up. Karen could not help noticing that she was giving away almost twelve inches in height to her opponent, but her answer conceded nothing. “If you’re instructed to agree a permanent undertaking to leave the clients alone for the rest of the restraint period, and pay ten thousand plus costs without taking any point about what costs have been incurred since your first offer, it might be worth talking.”
“Sorry, that’s not on the table.” Collins sounded peeved. “I might be able to recommend he goes up to seven grand plus something for costs, and that would have to be in instalments over
a year, but I’m not instructed to offer any undertaking.”
“OK, we’d better leave it at that. If your client changes his mind, you know where to find us.”
As Soraya resumed her seat, Karen spoke up.
“Exactly as I would have put it.”
Collins gave a curt nod and backed off.
“I’ll take instructions. Otherwise, see you inside in five minutes. Are you still objecting to Craven’s statement?”
“Still objecting.”
“That’s pretty waspish, if I may say so.” Collins closed the door behind him as he left. It was plain to both Karen and Lennie that Soraya had been taken aback at the unexpected insult.
“Rude pig.” Karen commented. Lennie sensed that he needed to lighten the moment.
“Well, if you’re looking down the barrel of a gun, I can only imagine Avery’s sitting on a stick of smouldering dynamite.”
Their shared laughter was interrupted, as the usher came in and asked the four of them to go through to the courtroom. Lennie quickly moved ahead and steered a path through the crowd of lawyers and witnesses waiting for their own cases, before reaching the court door and holding it open for the others. Karen was just about to go through when she felt a tap on her shoulder and turned round. She was astonished to see who had greeted her.
“Edward? What are you doing here?”
The smiling figure was none other than Edward Buckler.
“I’ve come to give you some moral support.” He kissed Karen on both cheeks. “In the operating theatre for the whole of Sunday. I’ve earned myself a day off. I’ve always wanted to see a proper court case. Might help me get over the ordeal of my divorce for once and for all.”
“I’m…I don’t know what to say. That’s so kind of you.”
“As long as I don’t put you off. I’ll sit at the back and keep out of the way.”
By now they had made it into the courtroom, and Karen noticed Soraya talking to Collins while Lennie was arranging papers behind Soraya’s seat on the left side of the front bench. Edward gave her a final pat on the shoulder and headed for a place on the back row alongside Dawn. Karen looked around hesitantly, not wanting to catch Avery’s eye, but noticed him deep in conversation with the sour faced man she recognised from the last hearing. She sat down next to Lennie and thought calmly to herself that her moment had arrived.
This is my business and my livelihood, Wayne. I took you into my trust, and you paid me back by trying to steal it from me. I’m not going to roll over when you were the one who picked this fight.
The loud rap on the judge’s door behind the podium brought everyone to their feet. Judge Marian Banks QC walked slowly to her seat for the ritual exchange of bows. Her imposing presence was exactly as Karen had remembered from the previous occasion, with her neat bob of red hair again contrasting sharply with her formal attire.
“In the matter of Rutherford Professional and Legal Recruitment (Birmingham) Limited versus Wayne Avery and Wave Professional Recruitment Limited.”
The clerk made his announcement. Judge Banks wasted no time in taking control.
“Right then, Miss Modaresi, Mr Collins. Let’s run through the ancillary matters. I will allow Mr Craven’s statement in. It is fairly short, and it does seem to throw some light on an important issue. But I should make it clear that I find it regrettable to see it only served as an afterthought. Even when the timetable has been as tight as this one, there’s every reason to keep to it.”
Soraya kept quiet, still irritated at the insulting comment that Collins had made earlier.
“Now, timing. Mr Collins, I hear what you say about the time estimate, but it is my practice to sit early and rise late when the occasion dictates. I will sit until four thirty today and tomorrow if necessary, and will decide later today if we need to start at nine thirty tomorrow. We will be hearing from Miss Rutherford, Mrs Vallance and Mr Avery today, and I would not expect Mr Avery’s supporting witnesses to take that long, provided that cross examination is not unduly protracted. I should also tell you both that my usual practice is to dispense with oral closing submissions, and I see no reason to diverge from that here. I would ask both of you to update your written skeleton arguments as soon as the evidence has closed, and have them emailed to my clerk, no later than ten o’clock tomorrow evening.”
This time Collins had to make an effort to let the issue rest. Lennie discreetly whispered ‘home advantage’ in Karen’s ear.
“I would then anticipate judgment being delivered or handed down on Wednesday at eleven o’clock, midday at the latest. My clerk made enquiries with your clerks earlier this morning, and has informed me that your diaries are free. It goes without saying that in a case like this, no one should be kept waiting for a decision any longer than necessary. Is there anything arising from that?”
Both barristers remained silent.
“Now, before we begin, I need to raise another matter. In the course of reading the statements and the core documents yesterday evening, I noticed that one of the defendants’ witnesses, Mr Squire, is a litigation partner in BLH Solicitors. Mr Collins, BLH are of course your instructing solicitors in this action. If I may put it as neutrally as I can, this is rather unusual. All the more so because Mr Squire only touched upon the background in a rather superficial manner. Can you give me any comfort?”
Instinctively Karen looked to her right, but there was no sign of Squire.
“I can, your honour.” Collins replied. “BLH Solicitors is a firm comprising the recently merged practices of Bastable & Co, from the city centre, and Lewis Hackett from Edgbaston. Mr Squire is from the Bastables side of the practice, and dealt with the recruitment of Mr Craven from the Bastables office. This action has been handled on Mr Avery’s behalf exclusively from the Lewis Hackett side of the practice, indeed from their Edgbaston office. The two predecessor firms are not yet working together in the same premises. My instructions give me no reason to doubt that there has been an effective Chinese wall in place at all times. It was never anticipated initially that a statement from Mr Squire would be needed, and of course with the timetable being as tight as this one it would have been in no one’s interest to lose the trial slot so late in the day, simply to force the defendants to switch solicitors.”
Both Soraya and Lennie had told Karen that this was almost certain to be the line of approach that their opponents would take. The judge gave a faint look of disapproval.
“I see. I can only hope that you are right. For the benefit of the non-lawyers present, I have to emphasise that it is of paramount importance that partisan interests do not affect evidence. Solicitors are officers of the court, and they must not allow the pursuit of their clients’ interests to come into conflict with their duties to the court. Now, Miss Modaresi, are we ready to make a start?”
“Yes, Your Honour. My first witness is Karen Rutherford.”
Karen left her place next to Lennie and walked over to the witness table. The clerk handed her a Bible and a card bearing the text of the oath.
“I swear by almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.”
Soraya rose to her feet.
“Miss Rutherford, in the red binder you will find copies of two witness statements that you have made in the course of this action. Can you please locate them. There is an index.”
Karen dutifully found the two statements.
“Is that your professional address at the top?”
“Yes, it is.”
“Is that your usual signature at the end of each of the statements?”
“Yes, it is.”
“Have you re-read both statements today?”
“Yes.”
“Do you still believe their contents are true?”
“Yes, I do.”
“Please wait there.” Soraya sat down as Collins rose in his place. He deliberately flicked through the documents bundle for half a minute before finding his voice.
&
nbsp; “Miss Rutherford, I have a general question about the recruitment industry. As an agent dealing with the introduction of candidates to prospective employers, do you accept that a recruitment agency cannot claim any exclusive hold over a candidate?”
Karen had expected the question and was well prepared.
“Yes, of course. But no sensible candidate would ever split his allegiance between two agencies. No employer likes to receive CVs that have been round the houses.”
“Indeed not.” Collins was evidently untroubled by the explanation. “Is it correct that you and Mr Avery operated independently of each other when he was still at Ripple?”
“Broadly speaking, yes.”
“Which means that you yourself would have had no personal dealings with Mr Avery’s candidates?”
The trap was carefully concealed, but Karen deftly steered clear of it.
“If you mean the Ripple candidates that Mr Avery was responsible for, that’s correct.”
“Candidates who would have had no personal loyalty to you?”
“Not while Mr Avery was still my employee. They still belonged to Ripple, though.”
“But a moment ago you were agreeing that agencies could not claim that candidates belonged to them. Which way do you want it?”
Karen paused and took a deep breath.
“Mr Avery was my employee. I took him on and paid him a salary so that I could delegate some of my workload and build up the firm. He signed a contract agreeing not to entice the firm’s candidates away.”
“His case, of course, is that he enticed no one, and they all followed him. But that’s beside the point for now.” Collins was well aware that he had strayed into a submission, and quickly put his next question. “Let’s start with Mr Chris Thompson. What dealings did you personally have with him?”
“None.”
“What was his qualification and his specialist area?”
Karen made to look through the documents bundle, knowing that Thompson’s CV and extracts from his Ripple file had been included, but found herself pulled up.
