Female barristers plan to rebel against inclusion drive, Barrister questions DEI duty call, Assisted Dying Bill set to be 'rushed into law'
THE HOT STORY
Female barristers plan to rebel against inclusion drive
Female barristers are opposing new proposals from the Bar Standards Board (BSB) that could penalise those with "unfashionable views" regarding transgender issues. Naomi Cunningham, a barrister specialising in discrimination, expressed concerns about the vagueness of the proposals, warning they could lead to "arbitrary enforcement" and exclude those with differing opinions. She said: "This looks like an extraordinary land-grab by our regulator, and an assault both on the rule of law and, ironically, on diversity." The BSB's plans, which are still under consultation, could impose penalties on barristers who fail to manage their practices in a way that advances equality, diversity, and inclusion. Samuel Townend, chair of the Bar Council, cautioned that changes to the BSB's rules could have "unintended detrimental consequences" for the profession.?
INDUSTRY
Barrister questions DEI duty call
City AM ?
The Bar Standards Board (BSB) has proposed a new professional duty for barristers to actively promote equality, diversity, and inclusion (DEI), replacing the existing core duty of non-discrimination. Andrew Lomas, a barrister at One Essex Court, argues that this change could lead to confusion regarding compliance and enforcement, saying: "Professional conduct rules... should be concrete and of determinate scope." He highlights the lack of evidence supporting the notion that diversity enhances organisational performance, referencing a study that failed to replicate previous findings. Mr Lomas warns that the new duty risks politicising the profession and creating a uniformity that undermines the rule of law. He advocates for the BSB to maintain a clear and consistent professional framework for barristers.?
Plans to give magistrates power to jail criminals for longer
The Government is considering plans to give magistrates the power to jail criminals for up to a year in an effort to cut the record backlog of remand prisoners. The move would double the jail terms that magistrates can impose and enable them to try more serious offences. Ministry of Justice (MoJ) figures show a record 17,070 prisoners were on remand at the end of June, representing a fifth of the entire prison population, up from just 6,000 five years ago. Of these, nearly a third would normally be found not guilty or, if they were convicted, would not be jailed. A justice source told the Telegraph: “It’s a smart thing to do but it is a gamble. All the modelling suggests it will lead to a surge in the prison population but the number of remand prisoners is one of the principal reasons for overcrowding.”?
Trainee lawyers told to rethink language
Trainee lawyers at the University of Law have been advised to avoid phrases like "falling on deaf ears" to prevent offending clients with hearing impairments. The university's "Inclusive language guide for law," published on September 11, emphasises the importance of using language that is clear, legally sound, and inclusive. It states: "By embracing inclusive language you'll be better prepared to represent a wide range of clients and build respectful relationships with everyone you encounter." The guide lists non-inclusive terms such as "manpower" and "housewife," urging students to challenge inappropriate language and suggest alternatives. University College London has also recommended avoiding the term "vulnerable" as it may disempower individuals.?
LAW
Assisted Dying Bill set to be 'rushed into law'
The Mail on Sunday ?
A vote to legalise assisted dying could take place within weeks, with Prime Minister Sir Keir Starmer in favour of fast-tracking the legislation through the Commons. This potential law would permit terminally ill adults with a life expectancy of less than six months to seek medical assistance in ending their lives. Sir Keir has expressed the need for urgency, saying: "We need to make time. We will make the commitment." However, the proposal has sparked significant moral debate, with Justice Secretary Shabana Mahmood cautioning against the risks of normalising such practices. Campaign group Dignity in Dying has backed the need for an Assisted Dying Bill, saying: "The British people are demanding an assisted dying law ... this is now an undeniable fact and one this new generation of MPs is keenly aware of. The time for change has clearly come." A Government spokesman said: "Successive governments have taken the view that any change to the law in this sensitive area is a matter for Parliament. This Government will not stand in the way of any debate and votes."?
LEGAL TECH
Law firms embrace legal tech for pitches
Law firms are increasingly recognising the importance of legal technology in their pitches for corporate work. According to the Thomson Reuters’ State of the Corporate Law Department report, 48% of corporate legal departments plan to shift work, with many evaluating the “use of appropriate technologies” in their selection process. Jill Goldstein, a senior account executive at Opus 2, says firms must demonstrate how their legal tech leads to cost savings and improved efficiency. “Clients aren’t interested in lawyers using legal tech for vanity - they expect technology to result in cost savings,” she notes. Firms should highlight how their technology streamlines communication and enhances client collaboration. Additionally, transparency in AI use is becoming crucial, with 14% of in-house teams requiring it in their selection process.?
Vincent AI gets a powerful upgrade
Vincent AI, developed by vLex, has undergone a significant upgrade, expanding its workflow capabilities from four to twelve and enhancing its legal research coverage to include France, Portugal, and Brazil. “Because it is powered by one of the world’s largest libraries of structured legal data, Vincent AI has offered some of the most powerful AI workflow tools in the world,” stated vLex CEO Lluis Faus. The new features include tools for transactional tasks, improved multiturn conversation capabilities, and the ability to generate multidocument libraries called Collections. The upgrade follows the merger of Fastcase and vLex, creating a platform with over 1bn legal documents. The pricing for the product remains unchanged, with further updates expected in winter 2024.?
COMMERCIAL LAW
Lafarge accused of complicity in crimes against humanity
The Guardian ?
The French cement company Lafarge SA has faced severe scrutiny for its operations in Syria during the civil war, where it allegedly paid millions to Islamic State (IS) to maintain its factory's operations. The US Justice Department fined Lafarge $778m in 2022 for conspiring to support terrorist groups, marking a significant legal precedent. Additionally, over 800 Yazidis, represented by Amal Clooney, are suing Lafarge for its complicity in IS's atrocities. The ongoing French criminal case against Lafarge could lead to unprecedented accountability for corporations involved in war crimes. Mark Taylor, author of "War Economies and International Law," noted that while companies often escape accountability, the Lafarge case may change that narrative.?
Harland & Wolff prepares to call in administrators
Shipyard Harland & Wolff has launched a forensic investigation into ￡25m of “misapplied” spending, with?PwC and legal experts from Simmons & Simmons hired to conduct an internal review over the spending of customer deposits. This comes?as the ship maker prepares to call in administrators.?Teneo has been lined up to oversee the bankruptcy of Harland & Wolff, with sources saying?Spanish firm Navantia the frontrunner to take control in an auction overseen by investment bank Rothschild.?
FAMILY LAW
Lawyer's prenup bid fails
The Sunday Times ?
A 58-year-old lawyer has lost her attempt to overturn a prenuptial agreement she drafted, which a judge deemed legally binding. The prenup, established just a day before her wedding, specified that assets owned solely by her ex-husband, a solicitor-advocate, would not be subject to a 50/50 split in the event of divorce. The judge, Joseph Paul Nahal-Macdonald, rejected her argument that one of her ex-husband's properties should be considered a "second matrimonial home," saying that her position was "misconceived." He noted that she had sufficient means to support her lifestyle and should take steps to maximise her income. Kaja Viknes from Nockolds has emphasised the importance of understanding the implications of prenups, saying: "They can be upheld as fair provided that the parties understand the implications and are entered into the agreement freely without duress or pressure."?
PROPERTY LAW
Renters' Rights Bill drives landlords to sell
The introduction of the Renters' Rights Bill has prompted many landlords to reconsider their investments in the rental market. The new legislation will make it harder to evict tenants, extending the rent arrears threshold from two to three months and banning “no-fault” evictions. Experts warn that these reforms could lead to a significant reduction in rental stock, potentially driving up rents by as much as 10%. Jessica Parry from Bryan Cave Leighton Paisner said: “The scrapping of the Section 21 eviction route, introduction of a landlord database, and risks of hefty fines, will be too much of a burden for many to bear.” As landlords exit the market, concerns grow over the impact on tenants, particularly those on benefits, amid a backdrop of rising rents and limited housing supply.?
Bank of Mum and Dad battle children's exes
The Mail on Sunday ?
Lawyers have highlighted that breakdowns in relationships often lead to disputes over financial contributions made by parents to assist their children in purchasing homes. Kate Booth, a lawyer at Brindley Twist Tafft & James, notes a 25% increase in cases where parents seek repayment from former partners after a split. These dispute often centre on whether the funds were intended as a gift or a loan. Ms Booth says: "Without a prior formal agreement it can be difficult to prove intent at the time." To safeguard their investments, parents are advised to establish clear documentation, such as registering a charge on the property or creating a declaration of trust. Rachel Spencer Robb from Clarion highlights that the Bank of Mum and Dad contributes to nearly half of first home purchases, emphasising the importance of legal clarity in these financial arrangements.?
EMPLOYMENT LAW
Labour struggles to agree on detail of rights reforms
Financial Times ? The Daily Telegraph ? The Times ?
The Business Secretary and the Deputy Prime Minister are reportedly at odds over plans to hand workers full employment rights from day one in a job. The Telegraph has been told that Jonathan Reynolds and Angela Rayner were in disagreement over how far reforms should go. Ms Rayner is understood to be pushing to hand staff full-employment rights from day one?following a short probation period but Reynolds is said to prefer the idea of shortening the qualification period for full employment rights but still requiring a probation period of almost a year. “Day one rights is proving very difficult,” a Whitehall source said. “Angela is less keen on a longer probation period, Reynolds thinks nine months is reasonable. It’s unclear if an agreement will be reached.” Meanwhile, the FT reports on how experts are warning that if loopholes in worker status rules aren’t closed, Labour’s new protections will only incentivise businesses to take people on as self-employed contractors, temps or agency workers rather than as employees.?Finally, lawyers have warned that Labour’s plans risk overwhelming employment tribunals. Ben Smith, of the employment law firm GQ Littler, said this would "potentially open up a lot of claims" when the system is already backlogged.?
TAX LAW
London Tax Conference
The Barrister Group's Julian Hickey will be speaking at the forthcoming London Tax Conference, which is due to take place on?Monday, September 30. The event is being held at?One Moorgate Place,?London EC2R 6EA, with tickets available here.
FIRMS
UK's biggest law firms enjoy improved performance
Research indicates that nearly half of the UK's largest law firms experienced double-digit revenue growth last year, marking the strongest performance since before the 2008 financial crisis. Notably, Bond Turner led the pack with a remarkable revenue increase of nearly 40%, largely due to its involvement in "dieselgate" lawsuits, which resulted in a ￡7.2m revenue boost from settling 12,000 claims against Volkswagen. Kennedys Law also performed well, achieving a 22.5% revenue increase, significantly aided by its US practice contributing ￡384m, or 25%, to its global revenue. DLA Piper topped the revenue league table, becoming the first firm in the City to surpass ￡3bn in annual earnings, followed by Clifford Chance which hit ￡2.3bn and A&O Shearman, on ￡2.2bn.?
Mishcon de Reya boosts NQ salaries
Mishcon de Reya has increased the salaries of its newly qualified (NQ) associates by over 5%, raising their pay to ￡95,000 from ￡90,000. This adjustment follows the last pay rise in spring 2022, which saw salaries increase from ￡80,000 to ￡90,000. Trainee salaries have also risen, with first-year trainees now earning ￡47,500 and second-year trainees ￡52,500. The firm offers around 30 training contracts annually and provides a ￡10,000 maintenance grant for those pursuing the Solicitors Qualifying Examination. Vanessa Dewhurst, partner and chief people officer, said: “We have undertaken a thorough review of the salary level offered to our newly qualified lawyers” to ensure competitiveness and sustainability in attracting top talent.?
Keystone exceeds profit expectations
City AM ?
Keystone Law Group has reported a pre-tax profit of ￡5.5m for the six months ending July 2024, an increase from ￡5.3m the previous year. Revenue rose by 8.3% to ￡46.5m, with the firm expecting to exceed market expectations. The company also announced a dividend increase to 6.2p per share and noted a surge in recruitment, with 153 high-calibre lawyers applying and 30 new principals joining, bringing the total to 442. Despite economic challenges, Keystone remains optimistic about sustainable growth. Chief executive James Knight said: “Keystone's position in the market continues to strengthen,” highlighting the firm’s operational excellence.??
Eversheds Sutherland boasts 76% retention
Eversheds Sutherland has reported a 76% retention rate for its autumn qualifying trainees, with 32 out of 42 committing to the firm. Lorraine Kilborn, chief people officer, expressed her delight, stating: “We're thrilled to celebrate another great year for our trainee and legal apprentice cohorts.” The firm also noted that five trainees qualified early, raising the annual retention rate to 79%. The newly qualified cohort is predominantly female (75%) and includes 28% from minority ethnic backgrounds. Additionally, the firm has increased salaries for newly qualified lawyers in London by 5%, now standing at ￡100,000.?
CASES
Secrecy surrounding Manchester City hearing irks clubs
The Premier League is facing mounting frustration from clubs regarding the confidentiality surrounding the hearing into Manchester City's 115 alleged rule breaches. The hearing, held in private by an unnamed three-person commission, has limited public details to a basic list of rules and seasons involved. One club insider remarked: "We know the bill at the end - but not much else," highlighting concerns over the legal costs expected to run into the millions. While the Premier League has made strides towards transparency in recent years, many believe that greater openness is necessary. Nick De Marco KC, a prominent sports lawyer at Blackstone Chambers, stressed the need for public hearings, stating: "Sport is a matter of genuine and legitimate public interest, and not simply a private matter."?
Billionaire's daughter wins appeal victory
City AM ?
Anna Machkevitch, daughter of billionaire Alexander Mashkevich, has successfully had her criminal conviction quashed after the Serious Fraud Office (SFO) failed to provide evidence during her appeal. Initially found guilty in 2020 for not supplying documents required by the SFO in relation to its case against Kazakh mining company Eurasian Natural Resources Company (ENRC), she was fined ￡800 and ordered to pay costs. However, her lawyer, Namita Pawa, at Hallinan Blackburn Gittings & Nott, argued that the SFO's investigation into her was illegitimate, citing Mr Justice Waksman's ruling that “but for the wrongdoing of the SFO there would have been no criminal investigation into ENRC.”?