Chalk proposes third tier to tackle court backlog, Thousands may choose assisted dying if bill passes, Judges unite for global support network

THE HOT STORY

The Barrister Group launches arbitration court with experienced ADR provider

Global Legal Post ?

The Barrister Group (TBG) and Hunt ADR,?a leading provider of arbitration services in the UK, have launched The Private Arbitration Court, a joint venture in UK arbitration which aims to provide access to arbitration via a streamlined process with a transparent, fixed cost fee structure, so enabling parties to resolve disputes efficiently and with financial certainty. TBG Co-Founder Stephen Ward said: “This collaboration is a natural fit for both of our organisations. We are bringing together our combined expertise to create a service that truly reflects the future of arbitration. The Private Arbitration Court will not only streamline the process but also elevate the experience for clients with our unique blend of professionalism, technology, and agility, all at a fixed cost.”

LAW

Chalk proposes third tier to tackle court backlog

The Times ?

Alex Chalk KC, the former Justice Secretary, has proposed a radical solution to the escalating backlog in Crown Courts, which is expected to exceed 80,000 cases. He suggests creating a third tier of criminal courts to alleviate pressure, allowing magistrates to handle minor offences while the new tier addresses cases of moderate seriousness without juries. "If we are going to stem the flow of cases going into the crown court . . . there is a ready-made solution on the stocks,"? Chalk says, insisting that drastic measures are necessary to ensure timely justice. Chalk has stressed the importance of maintaining the jury system while adapting to current challenges, saying: "I'm a passionate believer in the jury system: it's a safeguard of our liberties." His plan aims to reduce the Crown Court backlog to around 40,000 cases, addressing delays that have worsened due to the pandemic and other factors.

Thousands may choose assisted dying if bill passes

Daily Mail ? Daily Mirror ? London Evening Standard ? Metro ?

Former Justice Secretary Lord Falconer has indicated that "some thousands" of individuals in the UK may opt for assisted dying if the Terminally Ill Adults (End of Life) Bill is passed. The legislation, which allows terminally ill adults over 18 to end their lives with the consent of two independent doctors and a High Court judge, will be voted on by MPs on November 29. The last parliamentary vote on this issue occurred in 2015, when the proposal was rejected. Prime Minister Keir Starmer has said that the vote will be free, allowing MPs to express their views without party pressure. Supporters, including Labour MP Kim Leadbeater, argue that the Bill is timely, citing international examples where assisted dying has been legalised. However, opposition remains, with some MPs expressing concerns about the implications for palliative care.

Judges unite for global support network

Law Gazette ?

Judges worldwide are forming a "global judicial support network" to address wellbeing concerns, as noted by Her Honour Judge Kalyani Kaul KC during a recent speech. The initiative follows a report revealing issues of bullying and harassment within the judiciary, not limited to the UK. Kaul, who founded the Judicial Support Network, stressed the need for a "safe space" for judges to voice concerns, saying: "We must help each other." The steering committee includes judges from various countries, and aims to support the Nauru Declaration on Judicial Wellbeing. The network will provide confidential access to mental health professionals and publish annual reports to promote positive changes in judicial environments globally.

LEGAL TECH

AI to have relatively modest long-term impact on jobs

The Guardian ?

The Tony Blair Institute (TBI) has predicted that artificial intelligence (AI) could displace between 1m and 3m private sector jobs in the UK, but the overall rise in unemployment is expected to be in the low hundreds of thousands. The report, titled the Impact of AI on the Labour Market, suggests that while between 60,000 and 275,000 jobs may be lost annually at the peak of disruption, this figure is “relatively modest” compared to the average annual job losses of 450,000 over the past decade. TBI predicts that AI will create new roles, leading to a dynamic labour market. The deployment of AI could also boost GDP by up to 1% in the next five years, potentially rising to 6% by 2035. However, the report warns that the extent of job displacement will depend on future technological developments and government policies.

UK launches AI assurance platform

Computer Weekly ?

The UK government has launched an artificial intelligence (AI) assurance platform aimed at helping businesses identify and mitigate AI-related risks. The initiative is part of a broader strategy to enhance the UK's AI assurance sector, which currently comprises 524 firms and is valued at over ￡1bn. Digital secretary Peter Kyle said: “To take full advantage, we need to build trust in these systems, which are increasingly part of our day-to-day lives.” The platform will serve as a comprehensive resource, offering tools and guidance for conducting impact assessments and evaluating data for bias. Additionally, the AI Management Essentials (AIME) self-assessment tool will support organisations in developing ethical AI practices.

COMMERCIAL LAW

Sky acted in bad faith, Supreme Court rules

City AM ?

The Supreme Court has ruled that Sky acted in bad faith when it applied for its trademarks. The legal battle started in 2016 when Sky sued US tech provider SkyKick, claiming that it had infringed on its EU and UK trademarks with the use of ‘Sky’ in its name, email, cloud storage products and services. The High Court ruled that Sky applied for trademarks in categories that were so broad that it could not have intended to use them across their breadth. However, the Court of Appeal reversed the ruling, saying Sky had not acted in bad faith when it had filed its trademark applications. The Supreme Court has now declared that the High Court was entitled to make its initial ruling. Geoff Steward, a partner at Addleshaw Goddard, said the decision “will mark a sea change in trade mark filing practices,” adding: “Gone are the days of overreaching to gain wider trademark monopolies.” Tristan Sherliker, of counsel at Bird & Bird, said: “A serious point for big brands is this: just because a brand is well known does not justify listing goods and services.” Charlotte Duly, a partner at Charles Russell Speechlys, noted that the decision “could open a can of worms when it comes to the trademark registers.”

Apple faces ￡3bn iCloud lawsuit

BBC News ? The Guardian ?

Apple is facing a legal claim from consumer group Which? which accuses the tech giant of locking 40m British customers into its iCloud service and charging "rip off prices." The potential payout could reach ￡3bn, equating to ￡70 per customer. Apple has denied the allegations, asserting that users are not compelled to use iCloud and that it "works hard to make data transfer as easy as possible." Toby Starr from Humphries Kerstetter noted this case is part of a "growing tide of large class actions against Big Tech," indicating that more decisions and settlements are expected in the coming years. While Which? has launched the case, it is being taken forward by law firm Willkie Farr & Gallagher.

FAMILY LAW

Adopted children should be able to meet birth parents, judge says

The Daily Telegraph ?

Adopted children?should have face-to-face contact with their birth parents, according to a report commissioned by Mrs Justice Judd, Britain’s most senior family court judge. The report says? a “sea change” is needed in the approach to enable children under 18 to regularly see their birth families provided it was safe to do so.?“There are strong indications that face-to-face contact helps adoptees develop a sense of identity, accept the reasons why they were adopted and move forward with their lives,” said the report, adding: “There needs to be a sea change in the approach to the question of face-to-face contact between the adopted child and the birth family or other significant individuals. Greater consideration needs to be given, throughout the child’s minority, as to whether they should have face-to-face contact with those who were significant to them before they were adopted. It is recognised that this will not be safe for all adopted children, but the current system whereby face-to-face contact is the exception rather than the rule is outdated.”

LIM can alleviate strain on family court system

Today's Family Lawyer ?

Katie Johnson writes about how?Lawyer Inclusive Mediation (LIM) and Hybrid Mediation can alleviate strain on the family court system at a time when they are facing significant delays, while supporting families through a less adversarial approach. She explains that?LIM, unlike traditional mediation, allows clients to have their lawyer’s support during discussions, so enabling more balanced and informed outcomes. Meanwhile, Hybrid Mediation combines LIM’s benefits with private sessions between each party and the mediator.?Antony Ball, Family Law Expert at Weightmans, explains: “Given the current pressures on the family court system, Lawyer Inclusive Mediation and Hybrid Mediation provide families with a practical, supportive route to conflict resolution. These approaches ensure both parties are well-advised throughout the process, minimising both cost and emotional distress. Mediation can not only lead to faster, fairer outcomes but also can allow for cooperative co-parenting.”

EMPLOYMENT LAW

Hinkley Point C is ‘using cheap foreign labour’, striking workers say

The Times ?

EDF Energy is investigating allegations that a supplier, Alten, is employing foreign workers at significantly lower wages than British engineers on the Hinkley Point C and Sizewell C nuclear power projects. Engineers have started industrial action after claiming they are being paid unfairly. They say they have not received a pay rise in four years and have discovered that foreign colleagues from countries like India and Nigeria are earning less than ￡30,000, while British workers earn between ￡50,000 and ￡75,000. A source said: "It is being done to drive down costs and the internal market rate for these roles." EDF emphasised its commitment to fair treatment, saying: "We expect all workers to be treated fairly and consistently." Alten has denied the allegations, asserting that it maintains high standards in its HR policies.

Bolt faces ￡200m bill after ruling

City AM ? The Guardian ?

Estonia-headquartered delivery group Bolt has lost a legal challenge regarding the classification of its drivers as ‘workers’, potentially costing the company ￡200m. Approximately 10,000 drivers sought to be recognised as workers to receive minimum wage and employment benefits. The Employment Tribunal ruled that the drivers are not self-employed contractors, as Bolt claimed, but rather workers entitled to rights and protections under employment law. Leigh Day, the law firm representing the drivers, stated that the judgment confirms that "gig economy operators cannot continue to falsely classify their workers as independent contractors." A further hearing is anticipated next year to determine the compensation for unpaid holiday pay and lost income.

PROPERTY LAW

Heathrow flight plans spark property concerns

London Evening Standard ?

Richmond Park MP Sarah Olney has initiated a Commons debate regarding the effects of aircraft noise on local communities, particularly in light of Heathrow's new flight plans. Concerns have arisen that these plans could lead to the creation of “noise sewers,” adversely affecting house prices and residents' quality of life. Olney explained: “The impact could be widespread, from hitting house prices to disrupted sleep, impacting local communities' health, work, and personal lives.” The Richmond Council has long opposed a third runway at Heathrow and is now worried about the implications of narrower flight paths under the Airspace Modernisation Programme. Heathrow has proposed 181 options for new flight paths, which may concentrate noise over specific neighbourhoods, echoing issues seen in the US. A Heathrow spokesperson acknowledged the ongoing noise concerns and committed to finding ways to minimise the impact on local communities.

Property developer sued for ￡36m after 'moths infested Notting Hill mansion'

Daily Mail ? Daily Mirror ?

Iya Patarkatsishvili and her husband Dr Yevhen Hunyak are suing property developer William Woodward-Fisher for ￡36m at London's High Court, claiming their luxury home, Horbury Villa, is infested with moths. The couple, who purchased the property for ￡32.5m in May 2019, allege that the infestation began shortly after they moved in. They accuse Woodward-Fisher of “fraudulent misrepresentation” for failing to disclose previous moth issues. The couple claims damages of ￡50,000 for clothing destruction and nearly ￡10m for remediation costs. Woodward-Fisher denies the allegations, asserting he provided honest responses regarding the property’s condition.

FIRMS

HSF to merge with US firm Kramer Levin

Legal Cheek ? City AM ? The Times ?

Herbert Smith Freehills (HSF) is merging with US law firm Kramer Levin to form a ￡1.6bn global legal powerhouse. HSF, established in 2012, has a strong focus on Asia, Australia, EMEA, and the UK, while Kramer Levin operates from New York and has offices in Silicon Valley, Washington DC, and Paris. HSF's turnover increased by over 10% to ￡1.3bn, with profits rising 14.5% to ￡444.5m. The new firm, named Herbert Smith Freehills Kramer, will employ over 2,700 lawyers, including around 640 partners, and aims to enhance its presence in the US.?Rebecca Maslen-Stannage, chairwoman and senior partner of Herbert Smith Freehills, said: "This is transformational. We have long been committed to expanding our offering in the US and Kramer Levin is the perfect fit." Howard Spilko, co-managing partner of Kramer Levin, said: "Joining forces with Herbert Smith Freehills is a one-of-a-kind opportunity that helps us achieve our vision and potential for strategic growth."

Client challenges firm's ￡1m fee hike

Law Gazette ?

Costs Judge Nagalingam has allowed a former client of Howard Kennedy to challenge invoices exceeding ￡1m. The judge deemed it "inexplicable and arguably inexcusable" that the firm failed to clearly communicate the drastic increase in fees. The claimant, a Manchester building owner, argued that the firm’s initial estimate of ￡909,000 was drastically altered without formal notification. The judge noted that the firm’s terms suggested it wanted to enforce payment while retaining the right to add further charges. He said: "It falls to the defendant . . . to be clear as to the true status of the bills being raised." The case highlights the importance of transparent communication in legal billing practices.

CASES

Legal battle over oil and gas fields begins

BBC News ? The Guardian ?

A judicial review concerning the UK's largest untapped oil field, Rosebank, has commenced at the Court of Session in Edinburgh. Environment groups Greenpeace and Uplift are challenging the consent granted by the North Sea Transition Authority (NSTA) in September last year, arguing that the environmental impact of emissions from burning fossil fuels was "unlawfully ignored." If successful, the oil companies would need to resubmit environmental assessments before proceeding. The UK government has indicated it will not contest the review, acknowledging the original decisions may have been unlawful. The outcome could significantly affect the future of both the Rosebank and Jackdaw fields.

Daily Mail publisher wins ECHR bid over 'excessive' costs

Daily Mail ? The Guardian ?

The European Court of Human Rights (ECHR) has ruled in favour of Associated Newspapers Limited (ANL), the publisher of the Daily Mail, regarding the payment of “success fees” to lawyers in legal cases, for instance as part of a no-win, no-fee agreement. ANL argued that these fees were “excessive and unfair” for media organisations, particularly when they lose a case. The court found that the requirement for ANL to pay such fees violated its right to freedom of expression.