New Bar Council chair wants to increase diversity in legal profession, Law firm threatens to 'name and shame' staff who avoid office
THE HOT STORY
New Bar Council chair wants to increase diversity in the legal profession
Sam Townend KC, the new chair of the Bar Council, is determined to make the legal profession more inclusive and diverse, The Times reports. Townend, who was inspired by a 1990s television series about young lawyers, wants to ensure that able students from all backgrounds have the opportunity to pursue a career in law. He plans to change the time at which barristers are called, reducing the number of applicants for pupillage and increasing social mobility. Townend also aims to raise public awareness of the vital role barristers play in society and in promoting access to justice. He emphasizes the importance of the "cab-rank" rule, which ensures that barristers cannot pick and choose cases. Townend acknowledges the challenges faced by the justice system, including under-resourcing and declining pay for legal aid barristers. As chair of the Bar Council, he says he is committed to representing the diverse views of nearly 18,000 barristers and taking into account the broad range of views that they hold.
INDUSTRY
Barristers chambers face losses as SSB Group collapses
More than a dozen barristers chambers are set to lose thousands of pounds following the collapse of the debt-ridden SSB Group. The administrator's report reveals that SSB went under owing ￡205m, with several legal businesses and other creditors unlikely to receive any payment. Among the barristers chambers owed money are 42BR, 7KBW Barristers, Bedford Row, Clerksroom, Dere Street, and Selborne Chambers. The collapse also affects other creditors such as National Accident Helpline, Mobile Doctors, Premex, Sheffield City Council, and Sheffield United Football Club. Administrators were appointed after SSB gave notice of its intention to enter administration. The company had 42,708 files being handled by around 220 staff. Talks with a potential buyer failed, leading to insolvency proceedings.
Unregistered barrister disbarred for lying about status in chambers
An unregistered barrister, Naseem Ahmed Bajwa, has been disbarred for providing false information in his application to practise. Bajwa claimed to be a door tenant at Martin Burr Chambers, but it was found that he had not even made an application to the chambers. The Bar Tribunals & Adjudication Service (TBTAS) found Bajwa guilty of professional misconduct and ordered his disbarment. The tribunal's decision is open to appeal. A spokesperson for the Bar Standards Board (BSB) stated that dishonestly misleading the regulator is a serious form of professional misconduct that undermines public confidence in the profession. The BSB supports the tribunal's decision to disbar Bajwa. The tribunal also ordered Bajwa to pay costs of ￡2,670.
Barrister's appeal dismissed in discriminatory tweet case
A barrister who was expelled from his chambers after sending a discriminatory and offensive tweet has had his appeal dismissed. Jon Holbrook sent the tweet in response to a settlement achieved in a case involving a schoolgirl excluded for wearing an afro hairstyle. Holbrook's chambers asked him to delete the post and apologise, but he refused. The employment tribunal dismissed Holbrook's claim, stating it was presented out of time. Holbrook appealed, but this was dismissed. Mr Justice Choudhury stated that the judge's reasoning had been clear and that Holbrook's claims did not require more favourable consideration.
LAW
Parliament urged to regulate private prosecutions to prevent abuse
The Guardian ?
Sam Townend KC, the chair of the Bar Council, says parliament should consider formal regulation of the growing practice of private prosecutions to ensure the power is not abused. Townend suggests a review of private prosecutions should be launched in response to the Post Office scandal, in which about 3,500 postmasters were accused of theft, fraud and false accounting, and more than 700 prosecuted in cases brought by the organisation. Legal experts have highlighted a significant growth in private prosecutions over the past 10 years as cuts to police and the Crown Prosecution Service (CPS) funding have limited their ability to investigate and prosecute crimes. Peter Hungerford-Welch, a professor of law at City University in London, said: "Private prosecutions sometimes arise when the state declines to prosecute, and a person decides to press ahead with their own prosecution [as in the Lawrence case]. But more often, it's when the state simply doesn't have the resources to mount the prosecution." Kevin Hollinrake, the minister who oversees postal services, said: "If we are to make sure that a scandal such as [the Post Office] can never happen again, we need to look at the way in which private prosecutions such as these have been undertaken."
Axiom Ince collapse could derail SRA regulation plans
The collapse of Axiom Ince could have serious implications for the Solicitors Regulation Authority (SRA) and its plans to regulate legal executives. CILEX, the professional body for legal executives, has asked for assurance that its members will not have to pay for any part of a potential SRA compensation bill. CILEX has received support for its plans to switch regulator, but negative feedback has been attributed to press coverage of the Axiom Ince collapse. The SRA has previously committed to no cross-subsidy between professional groups, and any transfer from CILEX to SRA would not occur before January 2025. CILEX is seeking clarification from the SRA regarding the implications for its professionals and the future of the SRA's compensation fund arrangements.
Government to reverse Supreme Court decision on litigation funding
City AM ?
The government is set to reverse a Supreme Court decision on litigation funding in order to allow sub-postmasters to take the Post Office to court. Justice Secretary Alex Chalk plans to reverse the "damaging effects" of the Supreme Court ruling last year, which stated that litigation funding agreements did not meet the conditions to be enforceable. The decision came from the PACCAR case, which is part of a case against five major European manufacturing groups facing collective claims over alleged breaches of competition law. Former sub-postmaster Alan Bates highlighted the importance of litigation funding in his case against the Post Office and expressed concern over the PACCAR judgment putting it in jeopardy.
SFO chief keen to use new powers
City AM ?
The head of the UK's Serious Fraud Office (SFO) has expressed readiness to use the agency's new powers to investigate and prosecute fraudsters. The new investigative powers, granted by the Criminal Justice Act, enable the agency to gather information and evidence prior to opening an investigation. Previously, these powers could only be used after the director formally initiated an investigation. The new powers were passed in the Economic Crime and Corporate Transparency Act, which, has also made it easier to prosecute companies by holding them criminally liable for the actions of senior managers involved in financial crimes. Nick Ephgrave, director of the SFO, welcomed the new legislation, stating that it provides a significant addition to the agency's arsenal.
Post Office victims cowed by legal process
The Sunday Telegraph reports that the Post Office traumatised its victims so badly that nearly 40% are refusing to engage with opportunities for compensation and legal redress, officials fear. Rishi Sunak last week pledged a law to quash all convictions arising from the Horizon scandal and to guarantee compensation of ￡600,000. However, a significant proportion of victims have still either not been contacted by the Post Office or have not voluntarily come forward. The Horizon Compensation Advisory Board, an independent body made up of academics and parliamentarians, is concerned that many remain terrified of the Post Office, whose investigators were last week accused of behaving like "mafia gangsters." Lawyers have likened the problem to that of gathering evidence for the public inquiry into child abuse, with comparable issues of "trauma, fear" and "shame" preventing victims coming forward.
Post Office ignored Horizon faults for fear of undermining prosecutions
The Post Office chose not to investigate issues with its faulty Horizon software for fear of undermining prosecutions, according to internal emails. More than 700 sub-postmasters were wrongly prosecuted for false accounting, theft, and fraud between 1999 and 2015. The organisation's head of criminal law stressed to colleagues that the "consequences" of such a move would include pausing current and future prosecutions - an action which would attract "adverse publicity." It comes as the Crown Prosecution Service (CPS) has admitted its potential involvement in 99 Post Office prosecutions related to the defective Horizon IT system. In the letter, a senior CPS executive also disclosed that 39 sub-postmasters "believed to have been prosecuted" by the CPS had been contacted with advice on "how to challenge their convictions." Laura Tams, the CPS's head of legal services, further revealed in the memo that two-thirds of the files concerning the 99 cases have been destroyed, meaning "the evidence is now scarce."
Former Post Office chair accused of conflict of interest
The former chairman of the Post Office, Tim Parker, has been accused of a conflict of interest over his role as chairman of the Courts and Tribunal Service while leading the Post Office. Under his leadership, the Post Office tried to block appeals by postmasters and mistresses against their convictions for theft and fraud due to the flawed Horizon accounting system. Critics point out that Parker oversaw the decision to spend taxpayers' money on legal fees to block appeals. MP?Kevan Jones says Parker needs to clarify his role and what he knew.
Families denied compensation for trauma caused by loved ones' deaths
The i ?
Bereaved families cannot claim compensation for the psychological impact of witnessing the deaths of their loved ones due to medical negligence, according to a ruling by the Supreme Court. Three families who witnessed the traumatic loss of relatives had sued for damages over "psychiatric illnesses" they said were triggered by the deaths. However, the Supreme Court justices stated that while witnessing a loved one's death was likely to be "a disturbing and upsetting event," it was not the role of doctors to prevent family members from doing so. The three cases, in which no allegations have been proven in court, revolved around whether witnessing a death of or injury to a close relative caused by clinical negligence could be classed as a type of "personal injury" which could be claimed for.
Charity's legal action against Home Office leads to ruling against second medical opinion policy
Evening Standard ?
A High Court judge has ruled that the Home Office's policy of seeking a second medical opinion in respect of vulnerable people in immigration detention is unlawful. The ruling came as a result of legal action taken by charity Medical Justice, which argued that the policy could prolong the detention of vulnerable individuals. The policy required caseworkers to seek a second opinion from a Home Office contracted professional on an external medical report. The judge concluded that the government could not contradict or undermine previous guidance without the approval of Parliament. The ruling means that potentially hundreds of vulnerable people a year will be released where medical evidence and immigration guidance require it.
Cash-strapped councils stop paying practising certificate fees
Cash-strapped local councils have decided to stop paying practising certificate fees, which could have disastrous consequences for local authorities and their legal teams, warns Lawyers in Local Government (LLG). The cost-cutting measure was revealed in a policy position statement issued by LLG, stating that some authorities are removing funding for practising certificates due to ongoing financial stresses. However, solicitors are required to have a practising certificate to conduct reserved activities. LLG lists several implications for councils if they withdraw funding, including the erosion of pay and benefits packages, affecting morale, recruitment, and retention. LLG supports the provision of practising certificates to ensure the protection of lawyers and the local authorities who employ them.
FAMILY LAW
Pilot scheme expands coverage of family court cases in England and Wales
BBC News ?
A pilot scheme allowing journalists and legal bloggers to report on family court cases in England and Wales is being extended to almost half of the courts in the countries. From 29 January, coverage of cases at 16 more family court centres in England will be permitted, bringing the total to 19 out of 43 centres. The scheme aims to increase transparency and improve public confidence in the family justice system. Reporters will be able to speak to families, quote from documents, and describe court proceedings. Sir Andrew McFarlane, president of the High Court's Family Division, described the move as a "huge step to increase transparency and improve public confidence and understanding of the family justice system." He urged the media to come to the family courts, to see the "vital and challenging work" that is done there.
Judges warned not to proceed with hearings if their safety is at risk
Judges have been warned by the head of the judiciary to prioritise their safety and not proceed with hearings if they feel at risk, according to Dame Sue Carr. Speaking before the House of Commons justice select committee, Carr addressed concerns about security in response to an assault on a family judge last year. Carr emphasized that such incidents are not isolated and that the safety of judges is a real issue of concern. The incident has prompted a review of security protocols and measures to protect judges. Carr made it clear that judges should not proceed with hearings if they do not feel safe.
COMMERCIAL LAW
Everton and Nottingham Forest charged with breaching financial rules
Everton and Nottingham Forest face the threat of points deductions or fines after having been charged with breaching the Premier League's profitability and sustainability rules. The two clubs have been charged after "sustaining losses above the permitted thresholds for the assessment period ending season 2022/23,” the Premier League said on Monday.?The Daily Telegraph reports on how Everton’s fate “will most likely be decided by lawyers, not footballers,” noting that Laurence Rabinowitz KC has been hired to lead the club’s appeal against their 10-point penalty.??Meanwhile, The i reports that football clubs in such circumstances are now “looking to a different kind of world-class defence,” and suggests that “Fans will eagerly scan the Legal 500 to find out where their latest lawyer ranks.” It is noted that Nick De Marco KC was named "Sports Silk of the Year" at the Legal 500 Bar Awards 2022, and Jane Mulcahy KC, who has represented players Kieran Trippier and Daniel Sturridge when the Football Association charged them with betting offences, is at the "top of her game", "razor-sharp on the facts", and "hugely compelling throughout cross-examination". Silks can charge around ￡5,000 per hour for their services, The i notes.
VW and BMW lose appeal against CMA's requests for overseas data
City AM ?
BMW and Volkswagen have lost their appeal at the Court of Appeal, which ruled that the German car companies must comply with information requests from the UK's competition agency, the Competition and Markets Authority (CMA). The CMA launched an investigation into suspected anti-competitive behaviour involving several vehicle manufacturers and industry bodies. BMW did not fully comply with the CMA's requests for information, resulting in fines for non-compliance. Both BMW and Volkswagen issued legal challenges, but the CMA won the case at the Court of Appeal. The judges stated that the CMA's ability to conduct competition investigations would be compromised if it couldn't obtain information from overseas. Sarah Cardell, CEO of the CMA, welcomed the ruling, stating that it strengthens the CMA's ability to investigate and enforce against anti-competitive conduct.
Allianz loses appeal in major COVID-19 business interruption claim
City AM ?
领英推荐
Allianz has lost an appeal in a major COVID-19 business interruption claim, closing a chapter of court battles. The Supreme Court ruled that 'disease' and 'prevention of access' clauses in insurance policies provide cover for losses during the pandemic. However, gaps in the judgment left room for more disputes. Pub company Stonegate Group, restaurant chain owner Various Eateries, and Greggs pursued claims against insurers for clarity on aggregation, causation, and business rates relief. The High Court ruled in favour of insurers, and while Stonegate and Greggs settled, Various Eateries and Allianz appealed against different aspects of the ruling. The Court of Appeal rejected both appeals. Allianz will work with Various Eateries for a final resolution.
PROPERTY LAW
Wildlife habitat planning rules delayed again
The Times ?
The?Times reports that the government has, for a second time, delayed the introduction of biodiversity net gain regulations, which were intended to require housebuilders to create more natural habitats than existed before the development of new homes as part of the "world-leading" post-Brexit Environment Act. Craig Bennett, chief executive of the Wildlife Trusts network of charities, said it "has been a big flagship policy of this government, and the fact it's been delayed is disappointing." The repeated delays, he suggested, show "they haven't been giving it the attention it deserves. It's a question of priorities."
Edinburgh Council spends ￡400k defending unlawful let policies
Edinburgh Evening News
City of Edinburgh Council has spent nearly ￡400,000 defending its short-term let (STL) policies after losing two court cases. The legal fees for the two judicial reviews, which found parts of the local authority's approach to regulating STLs were unlawful, totalled ￡243,470. Expenses paid out to petitioners are understood to be around ￡150,000. The court cases were brought by operators, challenging the city's STL 'control area' and a presumption against granting licenses for tenement flats.?Cllr James Dalgleish, planning convener, said:?“Defending the Judicial Reviews was the right thing to do and we acknowledge their findings. As a result there is now clarity going forward for both other local authorities and stakeholders in the industry."
EMPLOYMENT LAW
The Barrister Group announces return of employment law webinar series
The Barrister Group has announced the return of its employment law webinars to commence in February 2024. The series, initially run in the final quarter of 2023, will be hosted by the group's specialist barristers on a number of employment law topics.
Registrations opened on January 18th for the initial two sessions, covering menopause discrimination in the workplace - featuring Birmingham Law Society's Alice Kinder - and neurodiverse conditions at work.
Royal Mint HR boss takes discrimination case to employment tribunal
A Royal Mint human resources director has taken the company to an employment tribunal, accusing them of discrimination. Sarah Bradley, who was earning ￡123,000 per year, quit her job after being informed that a colleague had described her as a "bully." She later tried to rescind her resignation, claiming it was an impulsive decision made due to work pressure and ill-health. Bradley is seeking compensation for losses, injury to feelings, and psychiatric injury, alleging sex and disability discrimination. She claims that her resignation was linked to menopause symptoms and that a man would not have been treated the same way. The Royal Mint denies the allegations. The case is ongoing and will resume in February.
Teacher wins discrimination claim against former school
Daily Telegraph / The Times ?
A teacher has won a discrimination claim against her former school, King's Road Primary School, in Stretford, Manchester. Andrea Mairs lost her job after six colleagues claimed her "relentless complaining" about racial issues left them feeling "intimidated." The teacher had raised complaints about nine staff members and flagged incidents she viewed as "microaggressions." Mairs said at one point: “[Some teachers] are unable to use the word black, which indicates how uncomfortable they are around their black colleague . . . This again is racial discrimination and more commonly known as blackophobia.” She was eventually dismissed due to the breakdown in her relationship with colleagues. A remedy hearing to determine compensation will be held later.
FIRMS
City law firm fined ￡500,000 for money laundering breaches
The Times ?
One of the City's most well-known law firms, Clyde & Co, has been fined ￡500,000 for money laundering compliance breaches. This is the second time in seven years that the firm has faced such a penalty. The Solicitors Disciplinary Tribunal acknowledged that no money laundering took place or was attempted. The firm admitted to failing to conduct due diligence on a corporate client for over four years. In addition to the firm's fine, a former partner, Edward Henry Mills-Webb, was fined ￡11,900 for his contribution to the failure to comply with anti-money laundering rules. Clyde & Co expressed regret for the compliance failings and highlighted its efforts to enhance risk management and regulatory compliance.
Davey criticised for connection to Post Office law firm
Daily Mail ?
Lib Dem leader Sir Ed Davey, who was Post Office minister for a period during the Horizon IT scandal, is facing criticism for his close connection to the law firm hired by the Post Office to fight the litigation. He was paid ￡275,000 by City outfit Herbert Smith Freehills (HSF) from 2017, the year when 500 postmasters took legal action, as a "consultant on political issues and policy analysis" until 2022. HSF advised the Post Office in the action from 2019 to 2023. A spokesman for Davey, a former Energy secretary, said he was "exclusively contracted to HSF to advise on renewable energy and the UN climate change talks."
Law firm threatens to 'name and shame' staff who avoid office
Partners at Slaughter and May have threatened to publicly "name and shame" staff who do not comply with the requirement to be in the office at least three days a week. The firm's managing partner, Deborah Finkler, stated that "gate data" would be monitored to assess compliance. In a memo to staff, she added: "You should assume that if you are not in the office (or at a client, in court etc) in line with the policy, this will be raised with you and you will be asked to comply." The firm would not comment on the memo but it is understood that partners were frustrated by a minority of staff who were persistently refusing to comply with the requirement to be in the office three days a week.
Former Dentons associate barred from legal practice
City AM ?
A former Dentons associate, Gordon Herd, has been barred from practicing law following an incident of sexual misconduct. Herd, who worked in Dentons' corporate department, was reported to the Solicitors Regulation Authority (SRA) by the law firm in March 2022. The report detailed an incident at a work social event where Herd touched a female colleague inappropriately without her consent. Dentons conducted an internal investigation, upholding the colleague's grievance and arranging a disciplinary meeting. However, Herd resigned before the meeting took place. The SRA issued a Section 43 order, preventing Herd from being employed or remunerated by any law firm as a solicitor.
Fieldfisher extends London lease until 2035
City A.M. / London Evening Standard ?
Fieldfisher has extended its lease on its London headquarters until 2035. The firm, which has been based in Riverbank House since 2014, will also pursue a refurbishment plan to create a more sustainable and collaborative working environment. Fieldfisher has signed an agreement with investment management business Man Group to extend its stay in the building for the next 11 years. The firm has 26 offices across 12 countries in Europe. Fieldfisher's managing partner, Robert Shooter, expressed excitement about the opportunity to rethink office space and create a blueprint for future collaboration.
Knights sees return to organic growth
City A.M. ?
London-listed law firm Knights has reported a return to organic growth. Revenue increased by 6% to ￡75.3m for the six months ending 31 October, and the business posted organic growth of 3.3%.?Knights' half-year results also showed that it is pushing on cash collection, taking an average of 31 days to collect invoices. Its total lock-up improved to 93 days compared to 103 days in October 2022.?CEO David Beech said he was pleased with the return to organic growth, adding that the firm has proved to be “very resilient” in the current economic climate.
Endeavour used Linklaters for probe into CEO despite close ties
Financial Times ?
Endeavour Mining tapped its longstanding law firm, Linklaters, to undertake investigations into ousted CEO Sébastien de Montessus, despite complaints from some employees at the gold producer about the firm's independence.
CASES
Woodford compensation deal ‘could set dangerous precedent'
Experts warn that the Financial Conduct Authority’s compensation deal for victims of the collapse of Neil Woodford's principal investment fund could remove important protections and pose a threat to market stability. Academics warned the High Court in a letter that the scheme as devised “would forcibly denude affected investors of their statutory protections” and was “likely to set a dangerous precedent for the UK financial services market at large.” The FCA’s scheme of arrangement would establish a principle that access to the Financial Ombudsman Service and Financial Services Compensation Scheme can be removed, the signatories said, adding: “The current clear and unambiguous guarantee of protection set out in primary legislation were to be undermined . . . there is good reason to anticipate a loss of confidence.”
Capita faces legal action over cyber-attack on pension data
More than 5,000 pension holders are suing Capita after retirement savings data managed by the outsourcer was stolen in a hack by suspected Russia-linked cyber criminals. Lawyers representing the group have filed a claim under UK data law at the High Court, estimating the case could be worth up to ￡5m. Capita has denied any valid basis for the claim. The cyber-attack, which came to light in March last year, exposed the data of hundreds of thousands of people, including major pension schemes such as the Universities Superannuation Scheme and Marks & Spencer. Other law firms are planning further group actions against Capita.
Revolut calls on High Court to throw out lawsuit over account closure
Financial Times / City AM ?
Revolut has urged London’s High Court to dismiss a lawsuit brought by the son-in-law of a late Russian oligarch for closing his account. Ildar Uzbekov, a Kazakhstan-born British citizen, is suing the company for breach of contract after it closed his account in April 2020 and cancelled ￡11,000 worth of payments. Revolut is accused of closing the account unlawfully on the basis of “factual mistakes” and “spurious” claims. ?Mr Uzbekov is not seeking damages but wants “a correction of the factual record” to “vindicate his reputation.” Lawyers for Revolut said the bank believed keeping Uzbekov’s account “might damage its reputation and goodwill” amid suspicion from financial investigators that he may have been involved in money laundering.
Footballers sue FA for brain injury compensation
Daily Mail ?
A group of 19 footballers, including some players in their 30s, is suing the FA for compensation over brain injuries. The number of those involved could rise to several hundred. Former Manchester United left back Colin Gibson and John Stiles, son of World Cup winner Nobby Stiles, are among those who have gone public. The players and their families are claiming compensation for irreversible neurological impairments. The group is calling for an urgent review of the risks of brain injuries in football and financial support for the widows and families of football victims. The FA has declined to comment.
Oligarch's ex-wife sues lawyers over divorce settlement
Tatiana Soroka, the ex-wife of an oligarch who received the UK's largest divorce settlement, is suing her lawyers for allegedly failing to seize her ex-husband's ￡200m yacht. Soroka claims that Payne Hicks Beach (PHB) acted negligently by not informing lawyers in Florida about the yacht, which could have been used to satisfy the divorce settlement. The new court action "now claims from PHB damages representing the value of that lost opportunity."
School faces legal challenge from Muslim pupil over ‘prayer ban’
A Muslim student is challenging a decision by Michaela Community School in Brent, North London, to impose a “prayer ban." The student alleges that the ban is discriminatory and has fundamentally changed how she feels about being a Muslim in the UK. The legal action against the free school’s governing body, the Michaela Community Schools Trust, argues that the decision breaches the student’s right to freedom of religion. The school claims that proceedings should be held in private due to concerns over past harassment, which included threats and a bomb hoax. However, a judge ruled that the hearing should be held in public.
"The measure of intelligence is the ability to change." - Albert Einstein ??. Embracing diversity in the legal profession not only enriches it but also mirrors the multifaceted society we live in. Great to see leaders aiming for positive change! ????#DiversityInLaw #ChangeMakers
Barrister I Specialist in Professional Regulatory Law I Helping Healthcare Practitioners I Extensive experience in hearings / investigations before Committees and the High Court I Legal 500 Ranked Lawyer 2019-2020
8 个月I love reading this as it drops into my mail box early each Friday - it has already become a habit ! A great compendium of the week's stories! #thebarristergroup