BSB seeks to expand powers, Legal action planned against family visa rules, Backlog of cases in crown courts reaches record high
THE HOT STORY
Bar Standards Board seeks to expand powers
The Bar Standards Board is seeking to expand its powers to include imposing interim restrictions on a barrister's practising certificate. The proposed amendments, subject to approval by the Legal Services Board, aim to cover public protection or public interest. The changes also include giving the disciplinary tribunal the power to impose interim restrictions on a barrister's practising certificate. If approved, the changes will come into force in 2024. The consultation received four responses, including from the Bar Council and the Legal Services Consumer Panel. The BSB aims to implement these changes as soon as possible to address potential harm to the public. Monitoring of the impacts of these powers will include barristers and their clients.
LAW
Backlog of cases in crown courts reaches record high
City AM / Daily Mail ?
The backlog of cases waiting to be dealt with by crown courts in England and Wales has reached the highest level on record and is continuing to rise. There were 66,547 outstanding cases in crown courts, according to quarterly Ministry of Justice (MoJ) data for April to June. This is up 3% on the previous three-month period and the highest figure since records began almost a decade ago in 2014. Some 17,790 cases have been outstanding for a year or more, representing 28% of the backlog. Meanwhile, the number of magistrate court cases waiting to be dealt with has also risen by 3% compared with the previous quarter and stands at 352,945. The Law Society of England and Wales warns that the “fundamental right to access to justice is at stake without urgent investment into criminal justice.” "Delays in bringing cases to trial are symptomatic of an underfunded criminal justice system with poor regard for the people needed to bring cases to a just conclusion," observed Tana Adkin KC.
Legal regulators to face greater scrutiny in 2024
Legal regulators, including the Solicitors Regulation Authority (SRA), will face increased scrutiny in 2024, according to the Legal Services Board (LSB). The LSB plans to take proactive action against under-performing regulators and address areas of improvement, particularly in leadership and regulation standards. The SRA is expected to receive minimal criticism in the upcoming assessment, as it has been praised as the most effective regulator in the sector. The LSB also aims to enhance its oversight function and increase its monitoring to protect the public interest. However, the proposed increase in investigative powers will require additional funding. The LSB is considering a 14% budget increase and reviewing whether regulators should have greater fining powers. The LSB will also conduct an independent review of the events leading to the SRA's investigation into Axiom Ince.
London lawyers predict rise in environmental and insolvency cases
City AM ?
London litigation lawyers anticipate a rise in environmental-related cases, group actions, and insolvency disputes in the coming year. According to the London Solicitors Litigation Association (LSLA), 65% of litigants surveyed expect an increase in environmental and ESG claims. John McElroy, a committee member of the LSLA, highlighted the case against Shell filed by ClientEarth as an example. ESG claims were closely followed by class actions and disputes related to insolvency and business distress. Charlotte Hill, another committee member of the LSLA, noted that the aftermath of the pandemic has led to a surge in insolvency cases. However, 94% of respondents stated that they haven't seen a significant decrease in work from London due to Brexit. The use of AI in litigation is also expected to increase, with 86% of litigants believing their firms will utilise AI more in the next three years. Currently, 45% of law firms are already using AI for litigation work.
Gender gap in legal profession narrows
The gap between men's and women's representation at partner level in the legal profession has narrowed, with 37% of partners now being women, according to new data from the Solicitors Regulation Authority (SRA). This is a two percentage point increase from the previous count in 2021. The data also shows that women now make up 53% of solicitors, up from 52% in 2021. However, there is still a gap between small and large firms, with only 28% of partners in firms with more than 50 partners being women. The data also reveals an increase in racial diversity, with 19% of lawyers being of Black, Asian, or minority ethnic origin. The proportion of solicitors from a 'privileged' background is slowly falling, and the proportion of lawyers who attended independent/fee paying schools has also decreased. The SRA highlights the under-representation of people with disabilities in the legal profession, with only 6% of lawyers reporting a disability.
Payout is won over 'mishandled' probe into KC's sex tests
Daily Mail (Scot) ?
Scotland's highest legal watchdog, the Faculty of Advocates, has been ordered to compensate a rape victim for mishandling complaints about Brian McConnachie, a top KC. The Scottish Legal Complaints Commission (SLCC) found that the faculty failed to properly investigate McConnachie, who sent salacious sex texts and a sexually explicit photograph to the victim. The SLCC criticised the faculty's complaints committee for not conducting a fair and thorough examination of the evidence. The committee only issued McConnachie with a written warning. The SLCC ordered the faculty to clarify its rules, write a complaints policy and procedure manual, and review its training for complaints committee members. The victim was compensated ￡1,500, and McConnachie was fined ￡8,000 for professional misconduct.
FAMILY LAW
Government faces backlash over proposal to digitise and destroy wills
The Daily Telegraph / The Guardian ?
Historians have accused the government of planning to "delete history" by digitising and then destroying millions of people's wills. The Ministry of Justice (MoJ) is proposing a 25-year time limit on the retention of paper wills, except for those of famous people. Critics argue that the digitisation process is not foolproof and could result in the permanent loss of historical documents. They also express concerns about the potential compromise of digital technology. However, the MoJ maintains that digitisation will preserve the documents and provide quicker access. The consultation on the plans may see concessions on the timescale and criteria for defining "famous" individuals. Historians emphasise the value of ordinary people's wills for family, public, and social history.
Concerns raised over lack of rights for cohabiting couples
Concerns have been raised over the lack of rights for cohabiting couples when their relationship ends. Despite the introduction of no-fault divorce, reforms to protect cohabiting couples are facing delays, causing stress and financial hardship. A nationwide poll revealed that 47% of cohabitants are unaware of their lack of rights if they split. Experts argue that legislation is not fit for the modern age as more couples choose not to get married. Resolution, a family law group, has proposed legal reforms to improve the rights of cohabitants, including the ability to apply for financial remedy orders. However, critics argue that such reforms would undermine the commitment involved in marriage.
COMMERCIAL LAW
Michelle Mone admits she lied about links to PPE firm
BBC News / Financial Times / The Guardian / The Times ?
Michelle Mone has admitted that she stands to benefit from tens of millions of pounds of profit from personal protective equipment (PPE) sold to the UK government during the pandemic by a company led by her husband, Doug Barrowman. PPE Medpro was awarded government contracts worth more than ￡200m to supply PPE to the NHS during the pandemic; deals were fast-tracked by Mone’s cabinet contacts. Having previously denied gaining directly from the contracts, which yielded profits of around ￡60m, the former lingerie tycoon admitted she and her children were beneficiaries of financial trusts where the money is held. The UK government launched legal proceedings against PPE Medpro in December 2022, claiming breach of contract over the quality of ￡122m worth of protective gowns provided by the company. Meanwhile, the National Crime Agency opened a probe into PPE Medpro in May 2021 to investigate suspected criminal offences committed in the procurement of PPE contracts. Wes Streeting, shadow health secretary, said a Labour government “will appoint a Covid corruption minister, giving them the powers they need to claw back as much of that money as possible.”
University forced to pay for bomb damage after insurers deem it an act of war
Daily Mail / The Times ?
The University of Exeter has been ordered to pay for the damage caused by the controlled detonation of an unexploded German bomb. The university's insurers, Allianz, refused to pay out under its "war exclusion" policy, deeming the detonation an act of war. The university took the case to the Court of Appeal, arguing that the exemption should not apply to historic conflicts, but the judges rejected the claim. The judges stated that the loss and damage resulted from both the dropping of the bomb in 1942 and its controlled detonation almost 80 years later. The passage of time made no difference to the war exclusion cause. The University of Exeter was heavily bombed during the so-called Baedeker raids in 1942.
StanChart sued over sanctions busting claims
Mail on Sunday ?
Standard Chartered Bank is facing a ￡300m High Court battle after losing a key legal fight over allegations that it broke US sanctions on an “industrial scale.” The bank is being sued by more than 200 investors who claim it made misleading or untrue statements about breaking US sanctions between 2007 and 2019. The cases will focus on the bank's network of Iranian clients and their links to the Tehran regime, the Islamic Revolutionary Guard Corps, and its network of terror groups. Mr Justice Michael Green has ruled that submissions from British bank executive turned whistleblower Julian Knight can be admitted. Standard had tried to have Knight's evidence thrown out. US lawyer Gary Osen believes Standard could be facing damages of “several billions of dollars” if it loses the cases.
PROPERTY LAW
领英推荐
Former farmer triumphs over mother in ￡600k court battle
The Times / Daily Mail / Metro ?
A former farmer, Barry Harding, has won a court battle against his mother, Joan, in a dispute over ￡600,000 in family land. After his father's death, Harding's mother sued him, alleging that he had excluded her from the land and exerted undue influence over her. However, the judge dismissed the mother's compensation claim, describing it as unsustainable. The judge ruled that the mother would be due a smaller sum for being excluded from the farmland since 2017. The Harding family had been breeding pigs for nearly 80 years but ceased pig-breeding after the foot and mouth disease outbreak. Harding transformed the farm into a skip hire and cattle feed business. The family bought the land in 2008, with their shares being put into life trusts. The mother claimed that her decision to put her share into trust was influenced by her son, but the judge found limited evidence of undue influence.?Harding claimed that he was pulled out of school at the age of 13 to work on the family farm, preventing him from receiving an education.?
Cyber-attack causes serious stress for homeowners and buyers
BBC News ?
Homeowners and buyers are experiencing "serious stress" as a cyber-attack disrupts property completions. IT services provider CTS has been working to restore systems for over three weeks, with systems still not back to normal, causing frustration and lack of communication for those affected. The problem has had a knock-on effect on property completions, with delays and extra costs for individuals. The Solicitors Regulation Authority advises affected individuals to contact their law firm for complaints, while the Information Commissioner's Office will be making enquiries into the incident.
EMPLOYMENT LAW
Wanting to hire 'fewer white men' for a job is not discrimination
Daily Telegraph / Daily Express / Daily Mail ?
An employment tribunal has dismissed a claim of discrimination made by a white man who was rejected for a job because a finance company wanted to hire "fewer white men." Chris Palmer alleged that his failure to secure the position of head of HR at the company was due to his ethnicity and gender. However, the tribunal ruled that the company's aim to improve diversity in its workforce did not indicate an intention to discriminate against white men. The judge, Tamara Lewis, stated that aspiring to have a less white male-dominated organisation does not mean there is a discriminatory intention in recruitment. The tribunal heard that the company's managing director mentioned the company's objective of building diversity and hiring fewer white men during Palmer's job interview. The CEO of the company clarified that the comment had been misconstrued and that gender and ethnicity would never be factors in decision-making. The tribunal concluded that discussing diversity in recruitment for a head of HR position was not concerning or indicative of discrimination. The claim of discrimination was therefore dismissed.
Majority of UK employers fail to support women with menopause symptoms
Evening Standard / The Guardian ?
More than 80% of women in the UK report that their employers provide no support for menopause symptoms, according to a survey by the Unite trade union. The survey of 13,000 female union members found that many women struggle to get adequate toilet breaks or adjustments for their menopause symptoms. The findings echo previous research that highlighted bad experiences at work due to periods. Employment tribunals have also found that employers treat women experiencing menopause unfairly. Unite is calling for menopause awareness to be made compulsory for employers and for menopause-related sickness to be discounted from sick leave. Separately, Conservative MP Nickie Aiken has proposed a law to guarantee paid time off work for people undergoing fertility treatments. Aiken wants IVF to be categorised as antenatal to ensure the same rights as pregnancy-related appointments. She aims to remove the taboo surrounding fertility treatments and address the unfairness of the current system. Aiken's private member's bill, the Fertility Treatment (Employment Rights) Bill, is scheduled for a second reading on March 1, 2024. Alongside the bill, she has launched the workplace fertility pledge, encouraging employers to offer paid leave for fertility treatment.
Legal action planned against family visa rules
The Guardian ?
Multinational families in the UK plan legal action to challenge the government's income thresholds for bringing family members to join them. The new rules, set to take effect next spring, will require a minimum income of ￡38,700, up from ￡18,600. Families affected by the changes argue that they are being "punished for falling in love." The law firm Leigh Day has been instructed to explore legal avenues to challenge the policy. Analysis shows that the doubling of the threshold will create a UK north-south divide, with most people in large parts of the UK no longer earning enough to live with a partner from abroad. Families already living together in the UK could also be affected if they do not meet the new criteria when their visas come up for renewal.
Solicitor suspended for sexual harassment
The Times / The Daily Telegraph / The Times ?
A solicitor has been suspended for sexual harassment. The disciplinary tribunal found that Musharaf Javid Asharaf, of the Liverpool office of the firm SPG?Law, had taken advantage of his position of professional superiority and caused the victim to fear for her job. The solicitor accused the woman of making false accusations, but the tribunal ruled that he was guilty of misconduct. The incidents occurred over a three-month period in 2018 and 2019. The solicitor has been suspended from practicing for a year and ordered to pay ￡17,500 in legal costs.
FIRMS
City law firm offers reduced hours scheme to real estate lawyers
The Daily Telegraph ?
City law firm, Fladgate, has proposed a voluntary scheme for around 30 real estate lawyers to work a four-day week from January to March next year. The firm's cost-saving initiative comes amid a slowdown in the property market. Associates can choose to decline the offer and continue working a five-day week. Fladgate, which employs over 200 lawyers, including 93 partners, does not plan to extend the scheme or make redundancies. The firm aims to maintain flexibility amidst the real estate sector's slowdown due to factors such as higher borrowing costs, economic uncertainty, and hybrid working. Christopher Clark, director at legal recruiter Definitum Search, highlighted the challenges faced by firms heavily focused on real estate.
Magic circle firm introduces flexible working scheme for lawyers
City AM ?
Slaughter and May, a "magic circle" law firm firm, has implemented a job design scheme that allows lawyers to work shorter hours for reduced pay. Associates can choose to work at a 0.9 or 0.8 full-time equivalent, with pay and holiday entitlement adjusted accordingly. The scheme, known as the 'switch on/off' model, will be available for a 12-month period. Slaughter and May's chief people officer, Jonathan Clarke, stated that the new working arrangement provides lawyers with the opportunity to develop their careers while maintaining a better work-life balance. The move follows Fladgate, a City law firm, offering property associates the option to work a four-day week for reduced pay.
London law firm shuts down amid investigation
City AM ?
London-based law firm Discreet Law has ceased its practice after being investigated for breaching rules to protect free speech. The firm, which had erstwhile Vladimir Putin associate Yevgeny Prigozhin on its books, was accused of using strategic litigation against public participation (SLAPP) to threaten legal action against journalists and whistleblowers. The UK Treasury granted licences for Discreet Law to work on a case against a Bellingcat journalist, despite Prigozhin being under sanctions at the time. The Solicitors Regulation Authority (SRA) has reported that the firm is closing, and Discreet Law's website confirms that it is no longer authorised by the SRA. Prigozhin, who was known as "Putin's chef," launched a rebellion against the Russian president through his private military group, but subsequently died in an airplane crash.
Two firms fined for anti-money laundering non-compliance
Two more law firms, Angel Wilkins and Oakmount Law Solicitors, have been fined for non-compliance with anti-money laundering regulations. Angel Wilkins lacked a compliant risk assessment for over five years and failed to have in place policies and procedures to mitigate money laundering risks. Oakmount Law Solicitors used a general risk assessment that did not meet regulatory requirements. Both firms have since rectified their non-compliant documents and cooperated with the investigation. In the past year, 47 firms and individuals have faced action from the Solicitors Regulation Authority. No evidence of harm or financial benefit was found in either case, and the risk of repetition was deemed low.
CASES
Prince Harry wins damages in hacking case against Daily Mirror
Daily Mail / The Guardian / The Independent ?
Prince Harry has won substantial damages in his hacking case against the Daily Mirror, with a judge ruling that there was "extensive" phone hacking by Mirror Group Newspapers from 2006 to 2011. The judge found that unlawful information-gathering was "widespread" at all three Mirror Group titles and that the use of private investigators was an "integral part of the system." Piers Morgan, the Mirror's former editor, and other senior executives were found to have known about the practice. Harry was awarded ￡140,600 in damages. He called for UK authorities to investigate bringing charges against the company and those who have broken the law. Morgan continues to deny he was aware of phone hacking during his time as editor.
Cosmetic surgery clinic sues patients over negative reviews
The Times ?
Members of the public are being pursued through the courts - accused of defamation and harassment after posting negative reviews about Signature Clinic, one of Britain's largest cosmetic surgery chains. The clinic is taking legal action against five former patients and a woman who ran a Facebook page on plastic surgery. The Free Speech Union claims this is an example of strategic lawsuits against public participation (SLAPPs). Former patients being sued for up to ￡10,000 say they find it intimidating to face legal action for sharing honest opinions. Signature Clinic disputes the criticisms and states that it has treated over 20,000 patients, with the majority being satisfied.