Conveyancers demand Law Society withdraw property information form, Newly built property owners forced to sign NDAs for rising estate charges

PROPERTY LAW

Conveyancers demand Law Society withdraw property information form

Law Gazette??

Conveyancers belonging to an action group have demanded the Law Society withdraw the latest version of its property information form. The Property Lawyers Action Group (PLAG) says: "The whole focus of CQS [the Society's accredited conveyancing quality scheme] has been to discourage the practice of raising enquiries about every conceivable matter that could possibly affect a transaction, in favour of fewer targeted, relevant enquiries . . . The new TA6 and TA7 forms flies in the face of this policy, with no tangible benefits, only increased cost and complexity." PLAG said the Society should have consulted with licensed conveyancers on the latest TA6 changes. A Law Society spokesperson said it is aware of concerns raised and is taking them seriously.

Newly built property owners forced to sign NDAs for rising estate charges

The i??

An investigation by The i reveals that owners of newly built properties are being told that they must sign non-disclosure agreements (NDAs) if they want to see details of their rising estate charges. Campaigners said that residents who wish to know what their money is being spent on are being told that they cannot without signing the contracts, which make it difficult for them to publicly challenge their bills. On a new-build estate in Newcastle upon Tyne, homeowners who asked to see invoices behind their fees were told they had to sign legal contracts which would prevent them from sharing the information. Their properties were built by Taylor Wimpey and Persimmon Homes, who together are the "controlling party" of the management company that requested the NDAs, according to Companies House filings. The Department for Levelling Up, Housing and Communities has promised to investigate, saying The i's findings were "shocking". Bob Blackman, a Conservative MP and member of the Housing Select Committee, said: "That is absolutely unacceptable. That is trying to gag people when they may not be receiving a reasonable service."

COMMERCIAL LAW

MoJ to consider law change to make it easier for organisations to apologise

City AM??

The Ministry of Justice has launched a consultation to update the law and make it easier for organisations to apologise. The current law, in force since 2006, allowed public institutions, private companies and their employees to apologise without admitting liability in civil proceedings. However, since that Compensation Act came in, there is little evidence that it has been used as organisations still fear saying sorry in case it weakens their case. The MoJ believes that this leaves many victims without proper closure and a sense they are unable to move on with their lives. Ministers now want to update the law to make it clearer by removing the barriers to apologising, while broadening the scope of the law would allow people to express regret and offer more earnest apologies. Justice Minister Lord Bellamy said: “The place of apologies in the justice system is becoming increasingly important, and this Consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives”.

Rio Tinto's Madagascar mine facing pollution lawsuit

The Guardian??

Rio Tinto is facing a lawsuit in a UK court over allegations of contaminating waterways with harmful levels of uranium and lead near a mine in Madagascar. The villagers living in the area accuse Rio Tinto of endangering their health by contaminating the water they use for domestic purposes. The mine, operated by Rio Tinto subsidiary QIT Madagascar Minerals, extracts ilmenite and produces monazite. Blood lead level testing conducted by Leigh Day, the law firm representing the villagers, revealed elevated lead levels in 58 people living around the mine. The claim alleges that QMM's mine processes are the likely cause of the contamination.

High Court rejects claim for hidden energy broker fees

The i??

Hopes for businesses to reclaim hidden energy broker fees have been dashed in the High Court. Manufacturing group Expert Tooling and Automation (ETA) sought to reclaim over ￡130,000 in broker fees from French company Engie, but the court ruled that the energy supplier cannot be held responsible for the actions of an independent broker firm. The ruling may impact other companies seeking compensation. Callum Thompson of Business Energy Claims (BEC) estimates that mis-sold energy contracts to non-domestic users amount to ￡2.25bn annually. If successful claims were made by all affected companies, the total payout could surpass the ￡38.4bn paid to PPI claimants.

Barclays launches legal challenge over motor finance claim

City AM??

Barclays is launching a legal challenge against the Financial Ombudsman Service (FOS) over a ruling that it unfairly paid commission to a car finance broker. The bank said that while it does not agree with the FOS’ decision in the case, it continues to support the Financial Conduct Authority’s (FCA) review into historic motor financing arrangements. In January, the FCA announced it was launching a probe into historic commission arrangements dating back to 2007, when the FOS first started overseeing the practice.

EMPLOYMENT LAW

The Carers Leave Act guarantees five days leave for unpaid carers

ITV / People Management??

The Carers Leave Act, which started on 6 April, enables unpaid carers to ask for up to five days leave from their employer – and also protects them from dismissal for taking the leave. The Act means employees can take unpaid leave in full or half days, or in a whole block of five days. They must give advance notice that is twice the length of time that needs to be taken. The leave can be used to take care of someone who has a disability, needs care because of old age, or has a long term illness of more than three months. Emily Holzhausen, the director of policy at Carers UK, said: "For the first time employers will have to think about unpaid carers in their work force . . . This is incredibly important because 600 people a day give up work because they’re unable to juggle work and care, so it's going to help people to manage their caring lives as well as stay in work." Employment law expert Kate Palmer does however warn that a lack of knowledge around the new law could cause issues for some employers. She says: "I can honestly say I’ve spoken to many SMEs [small and midsize enterprises] of late who have no idea this is coming in. More awareness is needed, because carers have this right and its important they know about it. But also if employers don’t know about it they could absolutely be taken off guard by it and it may create risk for their businesses."

Government's plan to reintroduce employment tribunal fees is branded potentially unlawful

Law Gazette??

The government's proposal to reintroduce employment tribunal fees has been criticised by specialist lawyers. The Employment Lawyers Association (ELA) suspects that the real motive behind the plan is to discourage claims rather than raise funds for the courts. The proposed fee of ￡55 is significantly lower than the fees paid by claimants between 2013 and 2017. The ELA warns that the fees could burden tribunal staff and hinder access to justice for those in need. Caspar Glyn KC, co-chair of an ELA working party, suggests that the aim of the proposal is to deter claims and obstruct access to justice. The fees are expected to generate ￡1.3m-￡1.7m annually towards the ￡80m cost of employment tribunals.

GENERAL LAW

Recognition list endorses solicitors for pro bono work

Law Gazette??

Solicitors who provided 25 hours of pro bono support last year can have their names added to an official list endorsed by the Lady Chief Justice. The list, backed by the Law Society and Bar Council, has been designed to recognise the legal profession's contribution to supporting those in need. Society president Nick Emmerson said: "It is a unique opportunity to recognise all those lawyers who give their time to provide legal assistance to those who cannot afford it. Pro bono work is just one way of bridging the gap between needs and legal representation by empowering individuals who would otherwise be left vulnerable and voiceless to access justice. Pro bono has a profound impact on the lives of countless people and communities. This initiative emphasises the commitment of the legal profession to the values of fairness and equality."

Doubts remain whether judges should engage in political discussions

The Times??

The Times looks at the debate around whether judges, both sitting and retired, should engage in political discussions, after two groups of hundreds of lawyers last week produced different views on whether the UK was obliged to stop selling arms to Israel. Last year the senior judiciary issued an updated "Guide to Judicial Conduct", which says that judges should "avoid any appearance of political ties," and cites the example of "speaking within political forums." It adds that "judges should not participate in public demonstrations which would associate them with a political viewpoint or cause - or cast doubt on their independence and create a perception of bias." However, some argue that retired judges revert to being ordinary citizens, entitled to say what they like when they like. Others argue that the position is not that simple. Lord Garnier KC, a former Conservative solicitor-general, said the "wisdom of or consequences of" retired judges commenting publicly on matters of political or diplomatic controversy "will depend on factors such as the seniority of the judicial office they held, how long they have been retired and what the subject matter is."

Former Lord Chancellor expresses concern over convictions of bankers

City AM / The Times??

A former Lord Chancellor has expressed "deep" concern about the basis for the convictions of bankers who were jailed for "rigging" interest rates. Lord Mackay of Clashfern, along with other politicians, has called for the Supreme Court to consider the issue. The Court of Appeal recently upheld the convictions of Tom Hayes and Carlo Palombo for manipulating Libor and Euribor. However, a decision in America that contradicted the basis for the convictions has raised doubts. Lord Mackay believes that the US decision is relevant and should be considered by the Supreme Court. Hayes and Palombo plan to apply to the Court of Appeal for permission to take their cases to the Supreme Court. Commenting on the case in the Times, former director of public prosecutions, Ken Macdonald KC, argues that the Supreme Court should decide for itself which criminal appeals to hear.?

NDA clauses may be unenforceable under current laws, say lawyers

City A.M.??

Non-disclosure agreement (NDA) clauses that aim to stop victims reporting crimes to the police are “likely already unenforceable” under current laws, lawyers have said. The government has unveiled its plan to crack down on the misuse of NDAs – or gagging clauses – to make sure they aren't being used to silence victims of crimes. However, lawyers have suggested that while the government's provision offered “welcome clarification,” in fact, NDAs preventing victims going to the police would already be void. Beth Hale, from CM Murray, said: ““In practice, provisions which seek to prevent reporting of criminal conduct to the appropriate authorities would likely already be unenforceable.” Hale stressed that solicitors drafting such clauses would be in breach of their professional obligations – and that lawyers have “routinely included carve outs” of this nature for years.

Police launch investigation into 'spear-phishing' attack on MPs

The Guardian??

A police investigation has been launched after MPs were apparently targeted in a "spear-phishing" attack. Twelve people working in Westminster, including a serving government minister, reported receiving unsolicited WhatsApp messages from suspicious mobile numbers. The phishing operation has been ongoing for at least 18 months. Senior political figures have suggested a foreign state may be responsible. The incident highlights security weaknesses during a potential election year. The government's Defending Democracy Taskforce should get involved to address the changing landscape of communication security, says Sophia Gaston from the Policy Exchange thinktank, who emphasises the need for proper resources to manage risks to national security.

FIRMS

Lawyers admit to padding time sheets

The Times??

An anonymous online poll has revealed that 35.5% of lawyers admitted to "time dumping" or adding time to clients' bills that was not actually incurred. The poll for RollonFriday, which received nearly 900 responses, found 13% said that they do so "regularly," 12.6% were "occasionally" guilty and nearly 10% considered themselves "rarely" culpable. Lawyers at City law firms have blamed time dumping on the longstanding practice of firms billing in six-minute units. They noted that it is not difficult to list, say, 100 units on a timesheet when in fact only 90 units were incurred. Jamie Hamilton, a director at RollOnFriday, said that some instances of bill padding were tolerated "because [clients] are happy that they've got the result they wanted at a price they think is reasonable." Colin Passmore, chairman of the City of London Law Society, said: "Clearly this is not a practice I would condone . . . I would expect people to have regard to their obligation to act with integrity."

Quarter of law firm associates not aspiring to partnership, survey finds

Law Gazette??

Just a quarter of law firm associates aspire to be partners at their firm in the next five years, according to a survey by LexisNexis. The survey found that nearly half (49%) of leaders had also noticed a decline in the number of associates aspiring to make partner, while the figure rose to 63% for leaders at large firms. The survey also revealed a difference in attitudes over loyalty between senior leaders and associates. While 75% of associates want to stay in private practice, only 12% plan to leave for other career paths. Work-life balance was cited as the most important factor for associates looking to move. The reluctance to pursue partnership was attributed to a lack of ambition by just 26% of leaders. Elizabeth Rimmer, chief executive of legal mental health charity LawCare, said: "Junior solicitors are no longer aspiring to be partners. They will likely take one look at the lifestyle of current partners and be put off."

Law firms urged to monitor overworking

London Evening Standard / The Daily Telegraph??

The chairman of the City of London Law Society has suggested that law firms introduce overworking “trigger warnings” to protect the mental health of their lawyers. Colin Passmore said he recognised that “something very serious is going on” in the legal profession after the death of Vanessa Ford, a senior partner at Pinsent Masons. Ms Ford had worked on the sale of Everton FC to a private equity firm and killed herself the day after the deal completed. Mr Passmore said law firms must act now to flag overworking otherwise the position may have to be dealt with by regulation.

Sleeping advice kits given to lawyers at leading London firm

The Times??

Staff at the London office of Simpson Thacher & Bartlett have received self-help guides to a good night's sleep. Associate solicitors at the City office have been advised to limit exposure to screens, break up the day by exercising, and increase wellbeing by "exposing yourself to natural light." The firm's pamphlet also tells lawyers to "engage in calming activities before bed, such as reading, taking a bath or practising relaxation techniques." The kit includes a silk eye mask and pillow spray with oils "known for their relaxing properties." However, sources at the firm say lawyers "are regularly made to work until 3am," and management is deaf to the realities for junior lawyers at large commercial law firms in the Square Mile.?

CASES

European court rules in favour of Swiss women in climate change case

Reuters??

The European Court of Human Rights has ruled in favour of over 2,000 Swiss women, stating that the Swiss government violated their human rights by not taking sufficient action on climate change. The landmark ruling sets a precedent for climate and human rights cases across Europe. Experts believe that international courts will consider this ruling in future judgments, potentially impacting climate litigation worldwide. The number of climate-related court cases has already surged globally, with citizens increasingly taking their governments to court on human rights grounds. However, success in climate cases can depend on various factors. While the European Court ruled in favour of the Swiss women, it dismissed two other cases on procedural grounds. This ruling highlights the need for establishing specific harms caused by climate change. The European Court's decision will have implications for all 46 countries that are signatories to the European Convention on Human Rights.

Vennells accused of making false statement to MPs

The Daily Telegraph / The Independent / The Times??

Paula Vennells, the former chief executive of the Post Office, has been accused of making an untrue statement to MPs in 2012. The public inquiry into the scandal revealed that Vennells claimed that every trial involving subpostmasters had found in favour of the Post Office and the Horizon system, when in reality, at least three postmasters had been acquitted. Vennells and her colleagues failed to disclose that 16 bugs and court cases had undermined the reliability of the IT system. Giving evidence, Lord Arbuthnot of Edrom, the Conservative peer who led the fight in parliament for postmasters, accused Post Office bosses of "stringing MPs along" with a "behind-the-scenes deception process."