Land reform bill could force lairds to break up for-sale estates, Company directors may be liable for climate impacts
PROPERTY LAW
Land reform bill could force lairds to break up for-sale estates
The Times / The Guardian / The Herald??
A new land reform bill in Scotland proposes measures to address heavily concentrated patterns of land ownership. Under the proposed legislation, landowners selling estates larger than 1,000 hectares may be required to divide them into smaller lots to increase land ownership and reverse rural depopulation. This policy, known as lotting, aims to allow more farmers, community groups, businesses and smallholders to purchase land. Owners will be required to notify local communities before land goes on the market.?
COMMERCIAL LAW
Ex-trader's conviction to be challenged in Court of Appeal
The Times / Daily Mail / Financial Times / London Evening Standard??
The Court of Appeal is reviewing the conviction of Tom Hayes, the banker who was jailed for manipulating the Libor financial benchmark. Legal experts argue that the judge in Hayes' trial gave unfair directions to the jury, leading to a conviction without sufficient proof. Hayes, along with eight other bankers, was convicted of conspiracy to defraud by rigging Libor rates. However, Hayes denies being part of any dishonest agreement and claims that his actions were in accordance with his understanding of Libor rules. The convictions of two other traders were recently overturned in the US, prompting a reevaluation of Hayes' case in the UK. There are growing concerns about the treatment of the traders, amid calls for a public inquiry. The Court of Appeal will also reconsider the conviction of Carlo Palombo, another former trader. The outcome of these reviews could potentially lead to a significant reassessment of the Libor manipulation cases.
Company directors may be liable for climate impacts
The Guardian??
Legal experts warn that directors in the UK could face personal claims for failing to consider the impact of businesses on nature. A legal opinion found that directors have duties to account for climate-related and wider risks to biodiversity, soils, and water. Breaching these duties could result in serious consequences, including claims for damages or compensation by shareholders.
EMPLOYMENT LAW
UK businesses warn Labour on its proposed workers' rights shake-up
Bloomberg ??
UK businesses have expressed their concern about Labour's plans to overhaul employment rights, warning that this could result in longer probation periods, more fixed-term contracts, and a switch to agency staff. The proposals, part of Labour's "new deal for workers," aim to give employees the right to claim unfair dismissal from their first day on the job, end zero-hour contracts, and improve conditions in the gig economy. Business groups are working with Labour to find a balance between employee rights and maintaining flexible labour markets. Labour's Deputy Leader Angela Rayner is driving the reforms, which have been deemed popular with voters and good for the economy by the Trades Union Congress.?
Problem of NDAs 'may be more widespread'
Daily Mail??
Figures seen by the Daily Mail compiled by anonymous whistleblowing website Speak Out Revolution highlight the use of non-disclosure agreements (NDAs) and underscore how they disproportionately have an impact on women. The group has recorded 888 cases of harassment and bullying at work since 2020. Of these, 711 victims (80%) were women. More than a quarter (27%) say they were forced to sign an NDA. The respondents came from a range of industries including law and business. Harriett Baldwin, chair of the Treasury committee, warned that the figures could just be the tip of the iceberg. “The Treasury Committee discovered a trend of firms using NDAs to manage victims of sexual harassment out of a business while the perpetrator is protected,' she told the Mail. “Our [recent] investigation only looked at the financial sector; these figures showing the problem may be more widespread are extremely worrying.”
GENERAL LAW
London courthouse is criticised for having the 'ugliest courtrooms in England'
London Evening Standard??
A London courthouse has been criticised for having the "ugliest courtrooms in England" amid calls for long-term funding in the criminal justice system. Barrister Philip Stott was describing his experience defending in a trial last year at the 1970s extension to Inner London crown court in Borough when flooding caused delays and water came through the ceiling. He likened criminal trial hearing rooms to "cold-storage lockers" and called for an end to short-term budget cuts. The barrister emphasised the need for proper maintenance and refurbishment of court buildings to ensure the long-term future of the court estate. Mr Stott's intervention comes as former Lord Chief Justice Lord Burnett of Maldon said the criminal courts in recent years have been “starved” of funding with services “cut to the bone.”
Muslim organisations threaten legal action over extremism definition
BBC News / Daily Mail / The Guardian??
Michael Gove is facing threats of legal action from Muslim organisations after naming them as potential targets of a new definition of extremism. The communities secretary told MPs that the advocacy groups Mend, Cage and the Muslim Association of Britain (MAB) were organisations with "Islamist orientation and beliefs" who could be included on a list of groups banned from accessing public money, ministers and civil servants. The three organisations have challenged Gove to repeat his allegations outside of parliament so that they can sue. The Muslim Council of Britain (MCB) is also considering seeking a judicial review if it is banned from Whitehall and Westminster. Gove has also identified neo-Nazi groups as promoting extremist ideologies. Critics of the government's new definition of extremism argue that the definition is not transparent or fair and gives too much power to ministers. The previous guidelines, published in 2011, focused on opposition to British fundamental values.
Legal aid means test reforms delayed until 2026
Law Gazette ??
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The Ministry of Justice has announced that legal aid means test reforms will be delayed until 2026. The reforms were expected to benefit innocent people who have suffered miscarriages of justice, personal harm, or injury. The Law Society highlighted that the means test has not been updated for inflation since 2009 and criticised the government for refusing to commit resources to the justice system. The delay is attributed to wider competing priorities and issues with the Legal Aid Agency's antiquated IT systems. The government's civil legal aid review timetable has also been pushed back. Legal aid providers are concerned about their ability to stay in the profession, leaving poverty-hit families without vital help to address legal issues.
Over 200 judges and magistrates disciplined for misconduct in past four years
More than 200 judges and magistrates have faced formal discipline for misconduct in the past four years, with over 4,200 complaints received by the Judicial Conduct Investigations Office. The public made 1,817 complaints in 2022 alone, the highest figure in three years. Investigations have resulted in court officials being sacked, reprimanded, and forced to resign for various charges. Notable cases include a judicial tribunal panel being disciplined for mocking a member of the public, and Lord Justice Clive Lewis receiving a formal warning for "judicial bullying." Judge Andrew Easteal was sacked for deleting WhatsApp messages related to a criminal investigation, while Employment Judge Pauline Hughes received a formal warning for drinking alcohol during a hearing.
Lawyers criticise lay magistrates for acting like 'little emperors'
The Times ??
Lay magistrates have been criticised by lawyers for behaving like "little emperors" and having negative perceptions in criminal cases, a survey has found. Lawyers want substantial reform, including better training and procedural knowledge for the 13,340 lay justices in England and Wales. They also called for greater diversity and recording of proceedings in magistrates' courts. Lawyers reported that lay magistrates lack understanding of the law and procedure, leading to inconsistent and unjust decisions. However, they acknowledge that most lay justices are well-intentioned and support the impact of sentencing guidelines. The single justice procedure, which allows single magistrates to decide outcomes administratively, is under scrutiny. The shortage of magistrates is also highlighted, amid ongoing recruitment efforts.
Rwanda Bill delayed as government suffers defeats in Lords
Daily Mail / I / Northern Scot / Strathspey and Bedenoch Herald / The Sun??
Laws to push ahead with the Rwanda deportation scheme are set to be delayed for another month after the Government suffered a flurry of defeats in the House of Lords. Peers voted through seven amendments to the Safety of Rwanda Bill, including changes to ensure domestic and international law is acknowledged and extra conditions to protect asylum seekers. The defeats mean Rishi Sunak will once again have to order MPs to vote down the changes in order to pass the legislation in its original form. Parliament is due to rise for its Easter recess on Tuesday, and the PM is expected to wait until after the three-week break before bringing the bill back before MPs.
Powerful judges and barristers belong to exclusive Garrick Club
The Daily Telegraph / The Guardian??
Some of Britain's most powerful judges and barristers, including a serving member of the supreme court, are members of the exclusive Garrick Club, which has repeatedly blocked attempts to allow women to join. The club's ties to the legal profession have been revealed, causing anger among female lawyers. The first female president of the UK supreme court, Brenda Hale, expressed shock at the number of eminent judges in the club. A new vote on women's admission is expected to be held in June. The club's membership rules have been criticised for contributing to the under-representation of women in the legal profession.
FIRMS
Deepfake video 'poses major risk for UK law firms'
LawFuel ??
The Solicitors Regulation Authority (SRA) has issued a caution to UK law firms about the growing risk of deepfake videos and sophisticated scams. The SRA has highlighted the threat of deepfake technology, which can manipulate video and audio to create convincing fake identities or messages. The regulator warned that relying on video calls for client identification could be risky, as deepfakes can impersonate real individuals. Law firms are advised to remain vigilant for signs of vendor fraud, such as abnormal property sale conditions or unusual fund transfers. The SRA also emphasised the importance of proactive risk management and compliance with regulations to mitigate financial crime and technological advancements.?
Law firms resilient despite tough economic conditions
Law Gazette ??
Law firms remained financially resilient last year despite tough economic conditions. The Law Society's financial benchmarking survey revealed that median net profit per equity partner fell slightly from the previous year, but firms managed to hold on to a substantial portion of the pandemic dividend. However, declining productivity and the impact of hybrid working remain concerns. Looking ahead, confidence is high among firms, with a median fee income growth prediction of 3.7% for the next year. The survey provides an opportunity for law firm leaders to plan for the future and support their teams with training and personal development.
CASES
Prince Harry lawyers accuse Murdoch of phone hacking cover-up
Daily Mail / Financial Times / The Guardian??
Lawyers for Prince Harry have accused Rupert Murdoch's News of the World publisher of giving false evidence over a missing hard drive during a phone hacking investigation. The Duke of Sussex and other claimants are seeking to include Murdoch and chief executive Rebekah Brooks personally in their claims. The group taking action wishes to include further documents in the claim, including a 2021 witness statement from an IT engineer at News Group Newspapers (NGN) who said the hard drive was intact in an audit in January 2011 but was found to be missing during a routine inspection in May that year. NGN is resisting the application, with its lawyers saying the changes are unnecessary and undesirable.
High Court rules Australian computer scientist is not founder of Bitcoin
The Guardian??
The London High Court has ruled that Australian computer scientist Craig Wright is not the founder of Bitcoin, following a trial involving two cases. Wright has long claimed to be the person behind the pseudonym Satoshi Nakamoto. The first case involved Crypto Open Patent Alliance (COPA), which sued Wright over his claim of being the creator. The second case saw Wright suing 26 blockchain developers for recognition of alleged copyrights. Mr Justice Mellor ruled that Wright is not the author of the Bitcoin White Paper and is not Satoshi Nakamoto. A COPA spokesperson said the ruling is a win for developers and the open-source community.