Budget commitment is 'a drop in the ocean', UK to reverse ruling on litigation funding, City law firms ban grads from using AI in job applications
THE HOT STORY
Budget commitment is 'a drop in the ocean'
Nick Emmerson, president of the Law Society, has dismissed a ￡170m government commitment to "deliver a justice system fit for the modern era" that includes ￡100m for rehabilitation in prisons, ￡55m for the family courts and ￡230m towards facial recognition, drone and other technology for the police. Emmerson claimed the figures were relatively small and the government had "once again failed to address the crisis facing our justice system" which "desperately needs significant additional funding just to stand still." Sam Townend KC, chair of the Bar Council, said that while the funds in the Budget for family courts and criminal justice were welcome, they were "a drop in the ocean in terms of what the justice sector really needs to get back to working order after years of under-investment." He added: "Court buildings are crumbling, solicitors and barristers are burned out, and victims and defendants are left in the backlogs."
LAW
Court technology overhaul worth ￡300m ditched after years of issues
Full implementation of a ￡300m technology overhaul that has been beset with problems for a decade and caused chaos in courts has been abandoned. The cloud-based case management system, known as the common platform, was intended to replace outdated software in the criminal courts to create a central hub for judges, prosecution and defence lawyers and the police and prison services to access case information. The flawed system has led to lost and altered case records, leaving victims at risk and additional charges being added. Nick Goodwin, the chief executive of HM Courts and Tribunals Service, said that the remaining plans have been "revised" to implement changes "in a more manageable way" and that parts of the programme "will not proceed." Instead of extending the common platform to enable crown courts to record case outcomes and sentences, the older digital case system will be retained. Goodwin blamed the "challenging operating environment" and pressures caused by the pandemic, the number of outstanding cases (more than 65,000 in the crown courts), and the rising costs of living.?
UK to reverse ruling on litigation funding
Reuters ?
The Ministry of Justice (MoJ) has announced that it will reverse a landmark ruling on litigation funding, providing a boost for those seeking to bring class action-style lawsuits. The Supreme Court's ruling in July deemed funding agreements in a multi-billion-pound lawsuit unenforceable, causing litigation funders to scramble to revise deals. The decision also prompted companies such as Apple, Facebook, and Sony to question claimants' funding arrangements. The MoJ will introduce legislation to restore the previous position, allowing victims to access justice and secure third-party funding. The government is also considering a wider review of the litigation funding sector to determine if increased regulation or safeguards are necessary. Justice Minister Alex Chalk stated that the change will level the playing field for victims facing powerful corporations. The MoJ's decision will only apply in England and Wales.
Rwanda bill raises safety concerns, warns Law Society
The Law Society of England and Wales has expressed serious concerns about the Rwanda bill, stating that there is no evidence to support the safety of sending asylum seekers to Rwanda. The bill, which is currently in its final parliamentary stages, has been criticised for being incompatible with the UK's international obligations. The Law Society argues that the bill "sets a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by UK courts," adding "The society contends that very significant amendments to the bill are needed. The bill is constitutionally improper, bars access to justice and is unworkable." Nick Emmerson, the society's president, also noted: "We are deeply concerned that the government does not know whether the safeguards in the treaty are yet operational, or even when they will be."
Government remains committed to Troubles Legacy Act despite court ruling
Daily Mail??
The UK government says it remains committed to implementing the controversial Northern Ireland Troubles Legacy Act, despite a High Court judge ruling that one of its key elements is unlawful. The provision for conditional immunity from prosecution for Troubles offences in the Act was deemed non-compliant with the European Convention on Human Rights (ECHR). However, the judge ruled that a new body set up to probe Troubles killings could carry out human rights-compliant investigations. The Secretary of State has indicated an appeal, potentially taking the case to the Supreme Court. The Act received royal assent in September despite widespread opposition. The Irish government has also launched a legal case against the UK government over the Legacy Act, arguing that it breaches human rights laws
Fathers denied compensation in landmark ruling
Sunday Times??
Fathers who witness their babies dying in childbirth and other "secondary victims" of medical negligence can no longer bring claims for compensation against the NHS. The Supreme Court has ruled that doctors' duty of care does not extend to the patients' relatives. The Sunday Times reports that families are outraged, warning about injustice and a lack of support for those who have lost loved ones. Compensation payouts in the NHS reached ￡2.7bn in 2022-23, with many cases related to maternity incidents. The ruling applies to all "second victims" and affects those who have witnessed the death of a relative due to medical mistakes. Lawyers criticised the ruling, highlighting the unfair distinction in healthcare law.
Study reveals scepticism among new entrants to legal profession
Just a third of new and future entrants to the legal profession actually believe anyone can become a solicitor, according to a new study. The survey found widespread scepticism among law students and trainees about the prospects of someone getting on in the profession without a background in the law. Of those who thought the profession was closed to some people, 38% thought connections were a factor, while 35% believed socio-economic barriers impede success. White males from middle-class backgrounds are the most confident about getting into law. The study suggests that universities and firms need to do more to support and prepare students from less privileged backgrounds. The report also recommends virtual internships to offer wider access and opportunity.
FAMILY LAW
New pilot program aims to streamline court hearings for domestic abuse victims
Domestic abuse victims will no longer have to endure multiple court hearings thanks to a new pilot program set to begin this spring. Justice Minister Laura Farris announced that the program will revolutionise the way domestic abuse cases are handled, with the introduction of domestic abuse protection orders. These orders will provide victims with all the necessary legal protections in one hearing. Whether it be an occupancy or non-molestation order that is needed, victims "can go to the magistrates' court or family court and get all the stuff they might normally want to get in a domestic abuse case in one order at one hearing, rather than having to go to multiple hearings," Farris said.
LEGAL TECH
City law firms ban grads from using AI to write job applications
The Big Four accountants and City law firms are banning job seekers from using ChatGPT and other AI tools to complete applications or online assessments amid fears it will help them cheat the system. Job hunters applying to KPMG and Deloitte must now confirm they have finished online tests without external tools while PwC is reviewing applications to check for activity which “undermines the integrity” of its recruitment operation. BDO recently updated its application guidelines to strictly prohibit graduates and school leavers from using AI-driven platforms. Law firm Pinsent Masons has done the same as well as revamping its hiring process to include more verbal reasoning tests. Shoosmiths on the other hand, is encouraging aspiring lawyers to use AI, suggesting they use chatbots to check spelling, reduce word counts and for research. David Jackson, chief executive of Shoosmiths, told the Telegraph: “I think gen AI is to lawyers what the calculator is to accountants. It's a tool that will make us perform better for our clients. We want them to be experimenting and using it, but it should never replace their own voice.”
Workload crunch compels in-house legal teams to use technology
The Thomson Reuters 2023 Legal Department Operations Index found that 43% of legal departments brought more work in-house last year to cut costs. The trend is expected to accelerate, with 69% of legal departments planning to bring more work in-house over the next 12 months. Many departments believe that legal technology, particularly artificial intelligence (AI), can assist in doing more work with fewer resources. But despite the belief in the effectiveness of technology, many departments are not increasing their investment in it. Only 32% of in-house legal departments' technology budgets are increasing.?
COMMERCIAL LAW
UK Supreme Court rules Amazon had infringed UK trademarks
Reuters ?
Amazon has lost an appeal against a ruling that it had infringed UK trademarks by targeting British consumers on its US website. Amazon was first sued in London by Lifestyle Equities, which said the US tech giant had infringed its trademarks by selling US branded goods to British consumers via its US website, which Amazon denied.? But the UK’s Supreme Court unanimously ruled that Amazon's US website was "targeting consumers in the UK" since it automatically contains boxes stating "Deliver to United Kingdom" when it detects a user is based in the UK. Jenna Green, an intellectual property (IP) lawyer at Addleshaw Goddard, said online retailers would now have to audit their platforms to avoid risking any infringement. The ruling meant brand owners have "far stronger rights to prevent website operators based outside the UK from targeting UK consumers," Green added. Dennis Lee, an IP partner at BDB Pitmans, said the ruling could prompt similar lawsuits against other online retailers.
Post Office and Fujitsu staff broke law, lawyers claim
Post Office investigators may have broken the law by prosecuting sub-postmasters, according to lawyers representing several sub-postmasters. The lawyers have submitted documents to the Post Office Horizon IT Inquiry, naming 14 individuals with potential criminal allegations to answer. The allegations include conspiring to pervert the course of justice and pursuing criminal prosecutions that were not in the interests of justice. The law firm Hodge, Jones & Allen alleges that Post Office employees and former Fujitsu managers conspired to pervert the course of justice. The submissions concluded: “When those supposed to uphold the law, take the law into their own hands, and break the law, in the name of the law, for their own nefarious purpose, whether for profit, or brute force of power, there is no law, only institutionalised lawlessness.”
领英推荐
Former executives acquitted in Saudi bribery case
The Guardian??
Two former executives charged in a high-profile Saudi bribery case have been acquitted of corruption. In 2020, the Serious Fraud Office (SFO) brought corruption charges against Jeffrey Cook, a former managing director of GPT Special Project Management, which is owned by Airbus, and John Mason, a part-owner of some of GPT's subcontractor companies, over allegations concerning the conduct of GPT's business in Saudi Arabia. Cook was on secondment at the firm from the Ministry of Defence at the time. Following a 14-week trial, the pair were acquitted of corruption offences by a jury at Southwark Crown Court. However, the jury did find Cook guilty of misconduct in public office.
Ex-Autonomy boss settles claim with SFO
City AM ?
Mike Lynch, the former boss of software firm Autonomy, has settled his lawsuit with the Serious Fraud Office (SFO) just days before the parties were due in court. Lynch filed a data lawsuit against the UK's fraud agency, seeking access to personal data that may provide a complete defence for him in the US. The terms of the settlement agreement are confidential. Lynch was extradited to the US last year on fraud charges related to Hewlett-Packard's $11bn takeover of Autonomy. After losing a civil fraud suit, Lynch faces a total of 17 fraud charges in the US.
City law firm prepares suit against Drax
City AM??
Mishcon de Reya is investigating the possibility of a group legal action against energy company Drax Group over allegations of greenwashing. The firm is considering a legal challenge under the Financial Services and Markets Act 2000, claiming that Drax's false environmental claims have affected share values. Richard Leedham, partner at Mishcon, stated that Drax's misleading statements and omissions have caused actual loss to its shareholders. The firm says it aims to ensure transparency and honesty in environmental reporting and is seeking financial redress while upholding integrity in sustainable investing.
PROPERTY LAW
M&S wins legal battle over flagship store plans
BBC News / Financial Times / Financial Times / The Guardian / The Daily Telegraph / Daily Mirror / The Times / I / Daily Express / The Sun / The Daily Telegraph / The Times ?
A judge has backed Marks & Spencer in its legal challenge to Levelling Up Secretary Michael Gove's decision to block plans to demolish and rebuild its flagship Marble Arch store. Mrs Justice Nathalie Lieven said it was "plain" that Gove had "misinterpreted the National Planning Policy Framework, and therefore erred in law." Gove, she added, had not "applied the policy, he has rewritten it," in claiming there was a "strong presumption in favour of repurposing buildings" in planning law, and had "failed to grapple with the implications of refusal." Westminster City Council had previously backed M&S's plans, while some campaigners had argued the building should be refurbished rather than demolished, something dismissed as impractical by the retailer.
Couple ordered to pay costs and damages after boundary dispute
A Surrey couple has been ordered to pay ￡27,000 in costs and damages after a boundary dispute with their neighbour. Tersia Van Zyl and her husband Stiaan were taken to court by Peter Walker-Smith, who accused them of cutting down the hedge that separated their gardens and replacing it with a fence. The judge ruled that the hedge straddled the boundary and ordered the couple to pay their neighbour's costs and damages for trespass. The couple claimed they had the right to remove the hedge to make more room for their flower bed. The judge described the dispute as "unfortunate" and said both parties had acted unreasonably.
EMPLOYMENT LAW
Post Office CEO Nick Read accused of bullying female HR director
The former chair of the Post Office has accused Nick Read, the scandal-hit organisation’s chief executive, of bullying the business’s former human resources director, in a letter to MPs on the business and trade committee published on Tuesday. Henry Staunton, who was chair of the Post Office between December 2022 and January 2024, made further claims about Read – who is under investigation for his conduct in the role – including that a senior female team member felt unfairly targeted by him. Staunton said a document described as a “Speak Up” dossier, which was compiled by the HR director, contained allegations about Read, and was “ an expression” of her frustration at the organisation’s upper management. Staunton said in his letter to MPs that the woman “felt that she was being treated by Read and his henchmen as a ‘pain the arse’ for focusing on tackling the toxic culture rather than prioritising Read’s salary,” adding “Her purpose, as she communicated to me, was to express what she felt was the attitude of the chief executive to her as the only woman in the senior management team.” He wrote: “She had previously come to me on numerous occasions for advice on how to deal with Read’s behaviour towards her, which in her, and my view, constituted bullying as demonstrated in detail in the appendices to the Speak Up dossier.”
The Body Shop admits breaking employment law in mass-firing
The Independent??
The Body Shop has admitted to breaking employment law by sacking hundreds of employees without notice or redundancy packages. The dismissed employees, including women on maternity leave, will now only receive government maternity pay. The sudden mass-firing has left many employees in financial distress and has raised questions about the company's ethical values. Administrators for the company have admitted to not properly consulting employees before dismissing them, citing the need for a swift reduction in payroll costs. The Insolvency Service is working to ensure employee claims are processed and paid. A group of over 175 employees is preparing to pursue a claim through Acas.
FIRMS
Dentons accuses Solicitors Regulation Authority of 'revisionist approach'
The Solicitors Regulation Authority (SRA) has been accused by international firm Dentons of taking a "revisionist approach" in applying current anti-money laundering guidance to conduct going back a decade. The SRA had alleged that Dentons failed to take adequate measures to establish a client's source of wealth and/or funds from 2013 to 2017. The client, who is subject to an anonymity order, is from an authoritarian former Soviet state with a reputation for high levels of corruption, and was the chairman of a bank majority-owned by the state. However, Richard Coleman KC, representing Dentons, told the Solicitors Disciplinary Tribunal that the regulator had “lost sight of context” by bringing the case against it. Coleman said the SRA was prosecuting with a "2024 mindset" by applying current guidance and regulations on anti-money laundering to conduct which took place over a decade ago.
Law firm partner hires at second highest pace on record
City A.M.??
Law firm partner hires in the first two months of 2024 have reached the second highest pace on record, with a 7% increase compared to the previous year. The report highlights that 38% of all hires were female, while nearly 30% were non-partners moving into partnership. Pinsent Masons was the most active City firm, hiring five partners. However, the firm also lost three partners in the same period. Fried Frank had the largest multi-partner team move, gaining three partners from Goodwin Procter. Paul Hastings saw the highest attrition, losing six laterals. Christopher Clark, director at Definitum Search said: “We've had the best start of any year in our history. There's a combination of succession planning and strategic hiring but lots of increased speculative interest too. Legal recruitment has always been a good early barometer of the wider market recovery, so hopefully the economy is on it's way back.”?
Legal clients face financial ruin as law firms collapse
Clients of 'no win, no fee' legal schemes are being hounded for tens of thousands of pounds and fear they may lose their homes after two law firms went to the wall owing millions. At least 1,500 households have bills averaging ￡20,000 after Pure Legal and SSB Law collapsed. Insurers are now using debt collectors to recoup their costs. Hugh James is representing some 1,500 SSB Law and Pure Legal clients as local MPs urge government action. Liverpool firm Pure Legal closed in 2022 owing ￡40m, while Sheffield-based SSB Law went into administration in January, owing ￡48m.
CASES
University official sues Steve Coogan over portrayal in film
BBC News / Daily Telegraph / The Times ?
University official Richard Taylor is suing Steve Coogan, his production company Baby Cow, and Pathe Productions for libel over Taylor's portrayal in the film "The Lost King." The film, which tells the story of the discovery of Richard III's remains, allegedly depicts Taylor as "devious" and "weasel-like." Taylor's lawyer argues that the character was unfairly portrayed as dismissive, patronising, and misogynistic towards the film's protagonist, Philippa Langley. The defence argues that the film was a dramatisation and not a documentary, and that no reasonable viewer would conclude that Taylor's motive was sexism or misogyny. The libel claim is being heard in the High Court.
Science secretary pays damages and retracts false accusation
Science secretary Michelle Donelan has paid libel damages and legal costs to an academic and retracted a false accusation that the professor was a Hamas sympathiser. Following an investigation, Kate Sang of Heriot-Watt University, the academic at the centre of the row, was exonerated after it was found that there was "no evidence" that a social media post expressed any kind of extremist views. Lawyers representing the academic described Donelan's behaviour as? "extraordinary" and Sang accused the science secretary of using her to make "a cheap political point." A spokeswoman from Bindmans law firm said that Donelan had "tweeted a full retraction of her false allegations about Sang and agreed to pay an undisclosed sum to her."