Page 5, 9th November 1990

9th November 1990

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Page 5, 9th November 1990 — themselves?
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Organisations: Fig Court, Catholic Church
Locations: London, Rome, Liverpool

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themselves?

In the final article . of our series on • "church firms" Timothy Elphick visits solicitors Witham Weld
THE grandfather clock on the first floor landing of Britain's leading firm of Catholic solicitors was stuck at 20 past ten. Perhaps it had been that way for some time — the partners were unsure. Witham Weld was, after all nearly 200 years old.

The firm's premises are in an elegant white stucco house in London's St George's Square, built by the architect of Pimlico and Belgravia Thomas Cubitt in the middle of the last century. Prints from William Hogarth's series The Harlot 's Progress line the walls, and in mahogany bookcases are countless past vOlumes of the law reports.
But Witham Weld's origins lie in the eighteenth century, When in 1791 two Catholic lawyers set up in business as Barrett and Eyston in Fig Court, dne of thecapital's lost inns. The yston family claimed collateral descent from Thomas More, a lawyer and a saint — "which proves that it is possible," says Nicholas Bellord, a senior partner of the firm today.
In its early days the company allied itself closely with the movement for Catholic emancipation and the members of the Cisalpine club, launched to further the cause of the church in England by playing down the authority of Rome. The association with the Witham family, some of whom were barristers since the early eighteenth century, came only in the 1830s.
By 1900 the firm was operating under the somewhat unwieldly tag of Witham, Roskell, Munster and Weld — a collection of names that not surprisingly gave way to the far simpler and more manageable Witham & Co in around 1935. But the Weld name reappeared when not long afterwards the cOmpany joined with another firm of Catholic solicitors based itt Liverpool, run by the same family. It has been Witham and Weld ever since.
Traditionally Witham Weld's Clients have been the Catholic church, its dioceses and clergy, and top people from the criuntry's Catholic gentry and atistocratic stock. "The principal families are still with ug although it is true to say that their strength has tended to fade Over the years," Mr Bellord explains.
The firm does not generally tackle divorce, although the partners are keen to point out that there is no boardroom policy to avoid such work. "The demand from the clients simply isn't there," says Mr Bellord. "We don't have a matrimonial department, but this could change in the future."
Of the partnership's eight members only one is a non Catholic. Again, this is not because belonging to the church of Rome is a prerequisite for working with Witham Weld, but because of the need to ensure that the firm remains responsive to its Catholic clients. And although articled clerks, joining to finish their training as solicitors, are not always church members one or two have been known to convert along the way.
"We act for religious charities and for the dioceses, especially in the field of education," Mr Bellord says. "It is often important, for example, to have a Catholic lawyer present at meetings between representatives of the church schools and local education authorities.
"The religious authorities might be pressing for the whole curriculum to be imbibed with a Catholic ethos — while on the other hand the state will tend to argue for a division between religion and the 'secular' courses. If there isn't a lawyer there to represent the interests of the Catholic trustees the risk is that the line they want to protect will be lost," stresses Mr Bellord.
Perhaps the most outstanding case in the Witham Weld
portfolio was that of Bourne V Keane, decided in 1919. It laid down that bequests for
the saying of mass for the repose of souls could result in the creation of charitable trusts (which must fall under one of the four heads of charity, including the advancement of religion, to be valid).
"Exactly what comes into the category of the advancement of religion has never been properly defined," Mr Bellord maintains. The modern view taken by the courts is that religious people should do good social works, he says.
As the law stands trusts for contemplative activities are not considered charitable, as there is no clear benefit to society as a whole. And in one celebrated case an order of enclosed nuns was held not to be charitable for this reason.
But the Witham Weld partners are anxious to test the law's current stance on charity and "pure prayer" in the courts today, to see whether the result would be the same.
Witham Weld's bicentennial celebrations, due to take place next summer, are fast approaching. And with this in mind the partners are considering an expansion of the business. "But we must be careful to ensure that any firm with which we might choose to expand will be sensitive to the needs of our existing Catholic clients," emphasises Mr Bellord.
To those clients he says the firm "tries to offer genuine expertise in the areas affecting them — just as we would hope to give our other clients with no religious affiliations, a proper professional service. We wouldn't want people to think that clients come here just because they are Catholic."
Some, however, are obviously not so sure. Witham Weld has had the occasional prospective client turn up dressed in distinctly odd-looking canonical robes—hoping to achieve some kind of extra respectability in the eyes of the firm. But such disguise has so far proved of no avail, and to the partners' knowledge no new client of such uncertain credentials has made his way onto their books.




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