Law firm probes slave trade links, Junior counsel encouraged to speak in courts, Supreme Court judgments drop by a third
THE HOT STORY
Bar chiefs support efforts to encourage junior counsel to speak in courts
Bar chiefs have expressed their support for judicial efforts to encourage junior counsel to speak during courts and tribunals hearings. The Judicial Office aims to spur greater participation of junior counsel to ensure their continuing development as advocates. Judges will be expected to ask whether a speaking role for junior counsel has been considered, particularly in cases involving leading and junior counsel. Parties will be asked whether a speaking role has been considered for junior advocates.
The initiative is supported by empirical data from a Supreme Court study, which shows that women are under-represented as leading advocates. The Patents Court has also encouraged parties to make greater use of junior advocates since February 2022. Bar chair Nick Vineall KC welcomes the greater participation of junior counsel in oral arguments, as it will support the continuing professional development of junior advocates, including women and under-represented groups.
INDUSTRY
Hong Kong lecture by British barrister is cancelled
The Guardian ?
A lecture in Hong Kong by British barrister Timothy Owen, who is involved in a legal battle over representing pro-democracy activist Jimmy Lai, has been cancelled without explanation. The cancellation has raised concerns about the diminishing space for free speech in the city. The lecture, titled "Judges, Democracy and the Criminal Law," was scheduled to take place at the University of Hong Kong. The reason for the cancellation remains unknown. The talk was co-hosted by local law firm Boase Cohen & Collins, and had been advertised as a discussion on the threats to judicial independence and the rule of law.
LAW
Sunak vows to get flights to Rwanda off the ground
Prime Minister Rishi Sunak has vowed to do "whatever is necessary" to ensure that flights to Rwanda can proceed, following a legal defeat over the government's migration policy. The Supreme Court ruled that the policy was unlawful due to the risk of mistreatment faced by migrants upon return to their countries of origin. Sunak plans to rush emergency legislation through parliament to designate Rwanda as a safe country, in order to prevent immigration lawyers from delaying deportation flights. The government is also seeking to negotiate a treaty with Rwanda to bypass the court's objections. However, right-wing Conservatives have criticised these measures as insufficient. Sunak has threatened to ignore any court orders and reconsider international relationships to overcome obstacles, in a threat to pull Britain out of the European Court of Human Rights.
Braverman's 'plan B' to send asylum seekers to Rwanda 'would have failed'
Daily Mail /? I ?/ The Daily Telegraph /? The Guardian ?/ The Times ?
Former Home Secretary Suella Braverman's 'plan B' to send asylum seekers to Rwanda, as outlined in her resignation letter, would have violated multiple domestic and international laws, according to legal experts. The proposal, which involved using "notwithstanding clauses" to bypass human rights legislation, was deemed vague. Experts highlighted the UK's obligations to uphold the principle of non-refoulement, which prevents sending asylum seekers to countries where they face persecution.?Adam Wagner, a barrister?at Doughty Street Chambers, notes that the Supreme Court's ruling makes it "clear that even if the UK leaves every treaty to which it has ever signed up, the rules of customary international?law?would prevent refoulement."?
New data shows majority of people willing to join class actions
City AM ?
Two-thirds of people in the UK would join a class action if they believed a company had broken the law, according to new data from Portland Communications. The survey also found that 63% of people would join a class action against their own employer if it broke the law. The report highlighted the increasing public knowledge of litigation funders, with more people expressing awareness of their existence. The report also revealed that more respondents than ever have participated in a class action, and there is a growing belief that class actions are an effective way to hold big tech companies accountable. Reputational risk is a significant factor in pursuing class actions, and it is believed that the risk of a class action lawsuit can diminish the price of a public company's shares. The value of class-action lawsuits filed in the UK against big tech companies has surged in recent years.
Late-night courts considered for protest charge 'surge'
Judges could be called on to sit in late-night courts to deal with a “surge” of people being charged after protests in London. More than 100 Just Stop Oil activists were taken into custody by the Metropolitan Police on Monday. Police are also engaged in a concerted effort to track down attendees at past pro-Palestine marches. The news caused consternation among lawyers who have long-resisted Ministry of Justice attempts to introduce extended working hours beyond the usual 10am to 4.30pm court day. In response, His Majesty's Courts and Tribunals Service has posted an explanation on social media, saying: “As part of our contingency planning, we routinely work with criminal justice partners to prepare for emerging issues, such as protests, that could lead to increased court activity and impact the wider justice system."
Supreme Court judgments drop by a third
A third fewer Supreme Court judgments were delivered in 2022-23 compared to the previous year, according to the court's annual report. The 38 judgments delivered is the lowest number since 2018-2019. In 2021-22, the court delivered 56 judgments. Meanwhile, the Judicial Committee of the Privy Council almost doubled its delivered judgments to 60, compared with 34 the year before. In 2022-23, the UK's highest court decided 273 permission to appeal applications (PTA) with 70 applications granted permission. Of the PTAs filed with the Supreme Court, 24 were considered public law and human rights cases. They outnumbered all other topics, including commercial (17) and family (15). The court's total expenditure in 2022-23 was ￡13,116,000, ￡722,000 less than the previous year. President Lord Reed highlighted the court's improved efficiency in processing cases of public interest.
Ministry of Justice plans to increase court fees by 10%
The Ministry of Justice has announced plans to raise up to ￡42m extra a year by increasing some court fees by 10%. A consultation has been published to gather views on generating more income for HM Courts & Tribunals Service. The government points out that the 10% increase is much less than the 17.8% rise in the consumer price index since the last round of fee increases in 2021. Justice Minister Mike Freer stated that the rise creates a fair balance between aligning user contributions to growing HMCTS costs and recognising the ongoing financial pressures on households. The MoJ estimates that these increases will raise between ￡34m to ￡42m annually. The ministry is also considering updating fees every two years to account for rising costs. Court and tribunal fees accounted for ￡727m of the total ￡2.3bn HMCTS budget in 2022/23. The fee increases are expected to take effect next spring.
Local government lawyers criticise 'toothless' sanctions regime
Local government lawyers feel unprotected due to a 'toothless' sanctions regime, according to a landmark report. Monitoring officers, responsible for legal governance, do not feel sufficiently protected to call out bad behaviour by councillors without fear of reprisal. The report calls for stronger sanctions and higher positioning of monitoring officers within the council's governance structure. Lawyers in Local Government (LLG) president Rachel McKoy emphasises the pivotal role of monitoring officers in effective governance and lawful decision making. The report highlights concerns over the lack of statutory protection, meaningful sanctions, and tensions with commercial objectives. It also reveals instances where monitoring officers faced career-ending consequences for making code of conduct complaints against councillors. The report urges reform in this area to address proven cases of rule breaking, including serious and criminal actions by councillors or staff.
Inflexion sells ranking group Chambers in ￡400m deal
UK private equity firm Inflexion has sold legal rankings provider Chambers and Partners to US investment group Abry Partners for over ￡400m, the FT reports.
FAMILY LAW
Psychology body slapped with ￡20,000 fine for intervening in family justice case
The Guardian ?
A professional body, the Association of Clinical Psychologists UK (ACP-UK), has been ordered to pay ￡20,000 in costs after intervening in an appeal regarding the qualifications of a court-appointed expert. The ACP-UK claimed that Melanie Gill was unqualified to hold herself out as a "psychologist," but failed to substantiate this claim. The appeal concerned a mother seeking to reopen her case, and the ACP-UK was given permission to intervene. However, the appeal was dismissed and the mother was ordered to pay costs. The ACP-UK has criticised the ruling, stating that it could have a "chilling effect." The president of the family division, Sir Andrew McFarlane, accepted that the ACP-UK had acted in a "wholly exceptional manner" but warned that such conduct could result in adverse costs orders for other intervenors.
COMMERCIAL LAW
UK banks set to be hit by tax scandal
Mail on Sunday ?
领英推荐
UK-based banks and financial services workers are expected to be drawn into Europe's biggest ever tax scandal, with bankers, brokers and hedge fund managers based in the City of London among up to 2,000 suspects. The cum-ex scandal involves alleged dividend tax fraud and banks under investigation include Britain's Barclays, US-based Bank of America Merrill Lynch and Morgan Stanley, France's BNP, and Japan's Nomura, with law firms and auditors also potentially implicated. With several convictions already secured in German courts, Danish authorities last week won the right to pursue a ￡1.4bn alleged cum-ex fraud in London after the Supreme Court ruled it could be heard in England. Prateek Swaika, a partner at law firm Boies Schiller Flexner, said this ruling “is likely to open the floodgates to claims by other European regulators.” Cum-ex is a 'double-dipping' trading strategy which exploited a loophole in how dividend tax was collected, with shares borrowed just before a company was scheduled to pay dividends, enabling more than one investor to claim bogus tax refunds.
Government considers rolling back powers on company takeovers
The Guardian ?
The government is considering rolling back powers to intervene in company takeovers, less than two years after their introduction. The National Security and Investment Act, which allowed greater scrutiny of foreign investments in British companies, is being reviewed by the government. Deputy Prime Minister Oliver Dowden stated that the government wants to ensure that "government regulation keeps up with the dynamism of the private sector" and that the state applies "as little regulatory burden as necessary." The review aims to gather the views of companies and other interested parties. The rules cover 17 sectors, including military technology, energy, and transport. Veronica Roberts of Herbert Smith Freehills welcomed the review, highlighting the large number of filings and few cases resulting in prohibition.
PROPERTY LAW
Courts must be reformed for landlords and tenants
Ministers have failed to act on years of warning that the justice system is not sufficient for landlords and tenants, writes Ben Beadle, chief executive of the National Residential Landlords Association. He argues that without reform of court procedures, the government's Renters (Reform) Bill cannot work as planned, as landlords and tenants rely on the courts service to ensure fair tenancies. Repealing section 21 will lead to more cases going to court, causing problems for tenants without access to legal aid support, Beadle says, while for landlords, the process of repossessing a property takes an average of just over six months. Concrete proposals are needed to improve access to legal advice and digitise the court process, he concludes.
EMPLOYMENT LAW
Former Weinstein assistant calls for end to silencing of sexual abuse victims
A former assistant of Harvey Weinstein, Zelda Perkins, who broke a non-disclosure agreement (NDA) to expose him as a rapist, has called for an end to the silencing of sexual abuse victims in the music industry. A parliamentary investigation into sexual abuse and harassment in music is set to examine the use of NDAs, with pop stars, agents, and music industry executives facing scrutiny. Perkins, who heads the Can't Buy My Silence campaign, stated that NDAs are being abused throughout all sectors of industry and called for government action. The inquiry is inviting women who have experienced gender-based discrimination, harassment, or abuse in the music industry to give evidence before November 20. The committee is also seeking information on the motivations for creating and signing NDAs, as well as the circumstances and roles of those involved.
Workplace bullying in the legal profession
Writing for The Law Society Gazette, Karen Jackson says workplace bullying is a growing concern in the legal profession, with a reported 24% increase in people seeking support from LawCare,?the mental health charity for the legal sector.? New guidance from the Solicitors Regulation Authority aims to protect and support colleagues, but its effectiveness remains to be seen, she writes.? A report by Conduct Change revealed that 27% of UK employees have experienced workplace bullying, but only 53% reported it. Legal protections for bullying at work are weak, leaving victims with limited options. Employers often fail to implement and police anti-bullying policies, and settlement agreements with confidentiality obligations contribute to the problem, Jackson writes.?
FIRMS
Law firm hit by cyber attack
Financial Times ?/ I /? Daily Mail ?
Allen & Overy “experienced a cyber security incident impacting a small number of storage servers,” after social media posts claimed the hacking group LockBit had attacked the legal giant and threatened to publish data from the firm’s files. The attack, first reported by the Financial Times, comes after seven countries, including the United States and Britain, in June named Lockbit as the world's top ransomware threat. "As a matter of priority, we are assessing exactly what data has been impacted, and we are informing affected clients," said an A&O spokesperson.
SFO probes Axiom Ince fraud
City AM ?
The Serious Fraud Office (SFO) is investigating allegations of fraud surrounding the collapse of law firm Axiom Ince, having arrested seven individuals following a series of raids. Concerns were raised when the Solicitors Regulation Authority (SRA) suspended three Axiom Ince partners over suspected dishonesty and failing to comply with account rules. One of these partners, Pragnesh Modhwadia, has since been accused of removing up to ￡64m from client accounts. Meanwhile, the SRA says it will probably need to increase the annual levy solicitors pay to the authority in order to cover the collapse of Axiom Ince, which went into administration in October.?
Law firm probes slave trade links
Daily Mail ?
Law firm Freshfields is investigating its historical ties to slavery. James William Freshfield, a founding partner of the 280-year-old firm, financially benefited from serving as a trustee for clients in deals involving slave plantations. The firm previously expressed “regret” over its founder's involvement and is now looking into whether there are any further connections to slavery.
CASES
Lawyer convicted over money laundering tip off
City AM ?
William Osmond, founder of commercial and property law firm Osmond & Osmond Solicitor, has been convicted for tipping off one of his clients about a money laundering investigation by the Serious Fraud Office (SFO). Mr Osmond told businessman James Reeding Ramsay about the probe after the SFO issued a notice requiring him to hand over documents. He was also found to have supplied the SFO with a fake letter of engagement that set out his role as solicitor for a company purchased by Mr Ramsay and used to move funds for the purchase of a property.
Solicitors Disciplinary Tribunal costs order appealed
A Solicitors Disciplinary Tribunal (SDT) costs order of ￡5,000 has been appealed by the Solicitors Regulation Authority (SRA). The SRA argues that the correct figure should have been ￡18,500. The SDT had previously struck off solicitor Daniel Whittingham for dishonesty, and the SRA sought costs of ￡18,500 plus VAT. Benjamin Tankel, representing the SRA, stated that the ￡5,000 decision made by the tribunal was "astonishing" and far below the SRA's previous experience in similar cases. Tankel argued that the SDT did not consider Whittingham's unreasonable conduct and that the ￡5,000 figure seemed "utterly irrational." The SRA has never previously brought a costs only appeal and regards the circumstances of this case as exceptional. Judgment on the appeal has been reserved.
Shell sues Greenpeace for $2.1m in damages
Shell is suing Greenpeace for $2.1m in damages after campaigners occupied a moving oil platform for 13 days earlier this year. Greenpeace activists boarded the vessel in January near the Canary Islands to protest oil drilling and travelled on it as far as Norway. Four activists used ropes to hoist themselves on to the vessel from inflatable boats that chased the ship at high speed. Shell, which has filed its claim in London's High Court, estimates that the field will yield up to 45,000 barrels of oil per day as well as open up further areas for exploration.?Greenpeace says Shell warned in legal correspondence that damages would be over $8m but that the energy firm has offered to settle for $1.4m. Shell also wants a legal undertaking that Greenpeace agrees to never protest on its infrastructure again, at sea or in port across the globe.
NHS pays out ￡1m in landmark medical negligence case
Daily Mail?/ The Guardian / The Sun ?
A woman who suffered traumatic complications from a vaginal mesh implant has been awarded a record settlement of at least ￡1m from the NHS. Yvette Greenway-Mansfield, 59, was given a mesh implant at Coventry's University Hospital in 2009 and went on to suffer serious complications. Her medical negligence claim against the hospital trust found that the surgery was carried out prematurely and unnecessarily and that her consent form had been doctored to include additional risks after Greenway-Mansfield had signed it. Greenway-Mansfield said that being awarded the compensation was a “huge relief,” but criticised the government's failure to establish a financial redress agency for victims.
Baby with mitochondrial disease has life-support withdrawn
Daily Mail / The Daily Telegraph / The Guardian / The Independent ?
A critically ill baby with mitochondrial disease has had her treatment withdrawn after her parents lost a legal battle to keep her on life-support. The eight-month-old baby, Indi Gregory, has been receiving treatment at Nottingham's Queen's Medical Centre. Despite her parents' efforts, doctors have determined that it is in her best interests to withdraw treatment. Indi's parents, Dean Gregory and Claire Staniforth, have been supported by campaign organisation Christian Concern. The baby has now been moved from the hospital to a hospice.