What is the legal status of the University?
LJMU is a legally independent corporate institution with charitable status accountable through a governing body which carries ultimate responsibility for all aspects of the institution. The legal name of the university is Liverpool John Moores University Higher Education Corporation (known as LJMU) and the corporate address is Student Life Building, Copperas Hill, Liverpool L3 5AH.
Who does the legal team represent?
The team represents the University providing a diverse range of legal services and advice to the University and its subsidiary and affiliated companies. The Legal team advises the Board of Governors, Directors and Officers, faculties and professional services staff in their official University capacity.
What type of services does the legal team provide?
The Legal team provides or supports on the provision of professional, specialist, technical legal advice for all legal matters affecting the University and works with the faculties and professional services staff of the institution to provide advice on a wide range of contractual agreements, staffing issues, strategic projects and other matters.
When should I engage with Legal Services?
The sooner, the better! Early engagement with Legal team is critical to ensure that timely and appropriate advice can be provided, particularly in relation to projects which are strategically or financially significant.
In my area formal legal agreements are not required can I agree matters with external stakeholders via email?
As a note of caution, you can bind the University to commitments pursuant to an exchange of emails if it can be demonstrated (amongst other things) that the parties have reached agreement. If you want to enter negotiations with a third party, without formally binding the University, the Legal team can assist you.
We can also help with other matters such as:
- exiting existing arrangements - we can advise on the applicable notice requirements or consequences of termination
- reviewing terms and conditions
- due diligence checks on entities that LJMU is considering collaborating with
- new policies
- the impact of legislative reform
Can I instruct external counsel for a University matter?
No, not without the consent of the Head of Legal and Deputy General Counsel. If you have a matter that you consider warrants specialised external advice please contact the Legal team by emailing: Legal-Contracts@ljmu.ac.uk. LJMU has a panel of approved solicitor firms that the Legal team is permitted to instruct for external advice. Where external advice is required we use our significant experience of working in the legal sector to ensure best value for the advice obtained. We will manage the relationship with the external advisors, ensuring full instructions are provided and coordinating the response.
Can you advise on international laws?
No, although we can provide guidance as to how we can mitigate risks associated with operating in other jurisdictions and if the matter requires it we will instruct local lawyers in the jurisdiction in question via our approved panel of solicitor firms. If you are involved in an overseas matter and need our input, please involve us as early as possible: obtaining advice overseas does take time.
How can I instruct you?
For details on how to instruct on Commercial or Employment matters see How to instruct Legal. It is expected that queries relating to LJMU staffing issues will be raised with Human Resources in the first instance, who will in turn instruct an employment solicitor where it is necessary or appropriate to do so.
Which member of the Legal team will be best placed to deal with my matter?
The team has dedicated specialist solicitors working within different practice areas. Your matter will be allocated to a specialist solicitor once you have instructed the team. If you have any queries, please contact Sue Ashurst who will try to help you direct your enquiry appropriately.
Can the Legal team represent or give legal advice to individual faculty members or professional services staff about matters outside of their official capacity or students?
No, we cannot give advice to employees as private individuals, including where you may have a complaint against the University. The University and its subsidiary and associated companies as an institution is the internal client of the Legal team. We can direct you to the LJMU Legal Advice Centre which may be able to assist.
Disputes with third parties
If you become aware that any individual or organisation is considering a legal claim against or involving the University, you should notify the Legal team straightaway. If you receive formal notice of any legal action/claim against the University, you must provide details and relevant documentation to the Legal team immediately, to ensure that Court/Tribunal deadlines are met.
In the event of a dispute with an employee, you should notify your HR Business Partner in the first instance, who will involve the Legal team as appropriate.
Can I share legal advice received with other colleagues?
In order to protect legal professional privilege in the advice provided to the University (which ensures that the advice remains confidential and cannot be disclosed either through normal disclosure requests or in Court proceedings), the Legal team will identify the “client group” for the advice from the outset. Emails sent and advice provided by the Legal team marked “confidential and legally privileged content” should not be forwarded to anyone else. Whilst a designated group may change over time, and other colleagues need to be involved, the Legal team is required to manage that change, for example by adding recipients into an email group – it should not be done by anyone outside of the Legal team. If you have any questions about this, please speak to one of the team, who will be able to advise.
How do I report any suspected misconduct or illegal acts or wrongdoing?
Such reporting would be governed by the University’s Whistleblowing Policy. The University Secretary and General Counsel, Maria Burquest, is the principal point of contact for those making a report under such policy and can be contacted via email: M.C.Burquest@ljmu.ac.uk.