Family court judges 'use victim-blaming language in domestic abuse cases', Tycoon’s title tussle, EU court rules on gender recognition
Lauren Coupar-Evans
Barrister Membership Officer / Head of Family at The Barrister Group
FAMILY LAW
Tycoon’s title tussle
Dale Vince, the prominent green energy tycoon and significant Labour Party donor, is embroiled in a contentious divorce from his wife, Kate Vince. Her barrister, Richard Todd KC, claims that Dale is hastening the divorce to prevent her from benefiting from a potential peerage he may receive from Sir Keir Starmer's government. Todd noted that "donors are habitually rewarded with honours," highlighting the connection between political donations and peerages. In contrast, Dale's legal team dismissed these claims as speculative, with Lewis Marks KC stating it was "astonishing" that Kate would want to remain linked to him. The case has drawn attention to the implications of early divorce decrees, referencing a 1993 case where a similar situation was deemed actionable. Dale Vince has contributed over ￡5m to the Labour Party.
Family court judges 'use victim-blaming language in domestic abuse cases'
The Guardian ?
Research by herEthical AI suggests a general attitude of disbelief and "stereotypical assumptions" about survivors of domestic abuse among family court judges in England and Wales. The AI analysis of judgments and appeals says judges in the family courts are using victim-blaming and gender-biased language towards domestic abuse survivors.?Examples found through the research include referring to an attempted strangling as a possible “prank.”
PROPERTY LAW
Residents demand action on leasehold reform
The Guardian ?
Residents groups are pressing the government to implement the secondary legislation necessary for the Leasehold and Freehold Reform Act 2024, which aims to ban developers from selling new houses as leaseholds and extend lease lengths to 990 years. Campaigners, including Sebastian O'Kelly, chief executive of the Leasehold Knowledge Partnership, argue that the government is delaying vital reforms, saying: “There is no reason for Labour to dawdle on reforming leasehold into the oblivion it deserves.” Despite the government's stated commitment to act quickly, concerns persist over the complexity of the reforms.
Landowner battles wild camping rights
The Guardian ?
Alexander Darwall, owner of the Blachford estate, is contesting the right to wild camping in Dartmoor National Park. His lawyer, Timothy Morshead KC, argued that activities beyond walking or horse riding require landowner permission, and labelled picnicking as trespassing. The case revolves around the Dartmoor Commons Act, which grants access for open-air recreation.
COMMERCIAL LAW
Elliott’s LME appeal dismissed
City AM ?
Activist investor Elliott has failed in its effort to challenge the London Metal Exchange’s (LME) decision to cancel $12bn of nickel trades in 2022. Elliott Associates, along with others, claimed that the cancellation caused loss net profits totalling about $456m. The High Court last year dismissed claims for a judicial review and the Court of Appeal has now dismissed a claim seeking to overturn the decision. The court ruled that the LME “was legally required to ensure that it had the power to cancel trade in the event of extreme price movement during a short period.”
Lloyds faces ￡118m lawsuit over hotels
City AM ?
Luxury chain Macdonald Hotels is suing Bank of Scotland, a subsidiary of Lloyds Bank, claiming it was “seriously wronged” by the lender when it was forced to sell several hotels at below-market rates amid pressure to reduce its borrowings. It is claimed that Bank of Scotland “forced” Macdonald to dispose of “prime assets and therefore diminishing the value of the businesses.”
EMPLOYMENT LAW
End the witch-hunt against flexible working, unions say
Unions and equality advocates are urging an end to the "witch-hunt" against flexible working, as organisations like the TUC, Age UK, and the Fawcett Society express their concern over increasing attacks on employees' rights to work flexibly. They released a joint statement ahead of the government's Employment Rights Bill, which addresses issues such as zero-hours contracts and flexible working rights. Paul Nowak, TUC general secretary, said: "Flexible working – and in particular working from home – is being misrepresented to attack the government's wider plan to Make Work Pay." Jemima Olchawski, chief executive of the Fawcett Society, questioned the narrative that flexible workers harm business, asserting that "outdated work practices" are the real hindrance to growth.
Proposed laws are fairer for seafarers
Provisions in the Employment Rights Bill designed for seafarers will toughen laws around collective dismissal. The new laws are set to ensure that the P&O Ferries mass sackings scandal can never happen again. P&O exploited loopholes when it fired 800 crew without warning in 2022 and the proposed legislation will close these and see firms face unlimited fines if they take similar action. The new measures will end “fire and rehire” practices, except where employers genuinely have no alternative. The regulations will also make cross-Channel ferry operators pay the national minimum wage of ￡11.44 an hour under the Seafarers’ Wages Act.
INDUSTRY
Male barristers are 'not being held to account' for bullying women
Female barrister groups say the Bar Standards Board (BSB) is “not holding perpetrator barristers accountable for harassment and bullying of women,” and argue that the “trenchant sexist views” that some barristers hold should be addressed using mandatory conscious and unconscious bias training. The gender equality campaign groups Behind the Gown and Right to Equality were responding?to a call for evidence from the Bar Council’s independent review into bullying and harassment, which was launched in June. Legal Futures reports that they said they were concerned that the BSB had barristers and solicitors assessing complaints against other barristers, as well as barristers sitting on the Independent Decision-Making Panel – which decides whether to refer cases to disciplinary tribunals – and tribunals themselves.
Barristers' pupillage numbers soar
The Bar Standards Board (BSB) has reported a continued increase in the number of barristers undertaking pupillage, with 614 new pupils starting in 2023/24, up from 535 the previous year. The 2024 Regulatory Decision-Making Annual Report highlights a 25% rise in applications for authorisation to practice, with over 40% from qualified lawyers transitioning to the bar. Notably, social media-related issues have decreased, with reports falling from 115 to 88, although the BSB acknowledges that “any regular user of X (formerly Twitter) will confirm that this remains a highly controversial area.”
LAW
Financial firms pay compensation over gender options
MoneySuperMarket and Transunion have been forced to pay hundreds of pounds in compensation to non-binary customers because their application forms did not accommodate non-binary identities. The ombudsman noted that being non-binary is not recognised as a gender in law but it is a protected characteristic of the Equality Act 2010. Anna Dews, a solicitor in Leigh Day's human rights team, said: “Although there is currently no statutory legal recognition of non-binary gender identities in the UK, it is completely fair and reasonable that a non-binary person should be able to refer to themselves using the correct pronouns as a customer in the online space.”
EU court rules on gender recognition
The European Court of Justice has ruled that EU countries must recognise gender and name changes made in other member states, marking a significant victory for transgender rights. The case involved Arian Mirzarafie-Ahi, a British-Romanian transgender man, whose change of sex and name was not accepted by Romanian authorities despite being granted in the UK. The court stated that "lawful name and gender changes made in other EU states had to be automatically accepted" to uphold the rights of free movement and residence within the EU. However, the ruling may face opposition from countries including Hungary and Slovakia, which have restrictions on legal gender changes.?
MPs want scope of assisted dying bill widened
Labour MP Kim Leadbeater will table legislation on October 16 to legalise assisted dying after her Private Member’s Bill was selected for debate. The bill is expected to give terminally ill adults the right to choose to shorten their lives. But a cross-party group of 54 MPs, including 38 from Labour, are calling for the scope of the bill to be widened to apply not just to the terminally ill, but to those with incurable illnesses, leading to fears over introducing ambiguity into who would be eligible for state-sanctioned euthanasia.
LEGAL TECH
Linklaters launches GenAI expert training course
Legal Insider ? LawFuel ?
Linklaters has introduced its GenAI Expert Training course to enhance the skills of its lawyers in generative AI (GenAI). The initiative, developed by Linklaters' GenAI Programme Team in partnership with The Dickson Poon School of Law at King's College London, follows the successful completion of foundational training by over 80% of staff. The Expert programme aims to deepen understanding of GenAI and prompt engineering in legal practice, featuring classroom sessions led by renowned experts and practical exercises, including a hackathon. Shilpa Bhandarkar, Partner at Linklaters, said: “This unique collaboration underlines the firm's continued commitment to investing in GenAI.” The training is part of a three-tiered package, which will also include an Advanced online course to further develop GenAI expertise within the firm.
IBA backs AI convention for rights
The International Bar Association (IBA) has officially endorsed the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, marking it as the first international legally binding treaty for AI governance. Almudena Arpón de Mendívil Aldama, IBA president, said: “The Council of Europe’s AI convention establishes a necessary foundation to protect human rights, democracy and the rule of law in our digital age.” The endorsement follows the IBA's report, The Future is Now: Artificial Intelligence and the Legal Profession, which revealed that 48% of lawyers surveyed support AI regulations, with 57% advocating for global regulatory consistency. Arpón de Mendívil emphasised the importance of lawyers in navigating AI developments, asserting that the IBA is dedicated to ensuring AI technologies benefit both the legal profession and society.?
CASES
Bahrain loses bid to block dissidents' spyware lawsuit in UK
Reuters ?
Bahrain's attempt to claim state immunity in a lawsuit brought by two dissidents, Saeed Shehabi and Moosa Mohammed, has been rejected by London's Court of Appeal. The dissidents allege that Bahrain hacked their laptops using FinSpy surveillance software around 2011, enabling the government to monitor their activities related to political prisoners. Shehabi described the ruling as "a victory for freedom, justice and the rule of law," while Mohammed stated it sends a clear message to governments that spy on dissidents in the UK. Bahrain maintains that the allegations are unfounded and that the matter is still pending in the English courts.
Daughter of Windrush man 'penalised' for following immigration rules
BBC News ? Daily Mail ?
Jeanell Hippolyte is contesting the Home Office's refusal to grant her indefinite leave to remain in the UK, despite her father and brothers being granted the status under the Windrush Scheme. Her barrister, Chris Buttler KC, argued that Ms Hippolyte was “penalised for having complied with immigration control,” while her brothers, who overstayed their visas, were rewarded. The Home Office maintains that her application was “lawfully refused” due to her not being continuously resident in the UK. Ms Hippolyte originally arrived in the UK as a student in 2000 but left in 2002 after her visa expired.
Owner
1 个月Victim blaming? A Judge is obligated to treat the claim as false and the defendant as innocent until proven guilty, and yes, there are different standards of proof in Family Courts but still, yall Family Violence Industry sycophants can't seriously expect everyone to tow the line and assume the person is a victim before and without scrutiny. The damage to the accused and especially their children from false claims by jilted spiteful ex's is devastating. Look at the claims vs conviction rates and come and tell us what to believe.