Public dissatisfaction with BSB, Rwanda bill further delayed after Lords votes for further changes, Legal aid deserts causing 'cost and distress'

THE HOT STORY

Public dissatisfaction with Bar Standards Board

The Times / The Times ?

Members of the public are dissatisfied with the performance of the Bar Standards Board (BSB), according to a survey. The BSB is accused of being inefficient in dealing with complaints, with poor management of complaints handling and technology systems. An independent report by Fieldfisher found that the public has little knowledge of the BSB's role. The report recommends the creation of a senior role to oversee the enforcement process and the re-engineering of the regulator's case management system. The report also calls for a more formal relationship between the BSB and the Bar Tribunals & Adjudication Service to speed up cases and simplify the profession's code of conduct. The BSB's annual cost of regulation rose by nearly 22% last year. The BSB agreed to accept the recommendations but said it cannot commit to completing investigations within 25 weeks in 80% of cases.

LAW

Rwanda bill further delayed after Lords votes for further changes

BBC News / The Guardian ?

The parliamentary battle over the government's Rwanda?deportation bill will continue into next week. Peers have voted to demand changes to the bill, including an amendment which would ban sending people who have assisted the UK military to Rwanda. Earlier, MPs overturned a series of changes to the legislation which were made by the Lords on Monday. Following further parliamentary “ping pong” on Wednesday, the upper house backed two amendments and sent the bill back to the Commons, where it will be re-examined on Monday. The first amendment insisted on allowing parliament to decide whether Rwanda is safe, while the second exempted Afghans who helped British troops from deportation to Rwanda.

Legal aid deserts causing 'cost and distress'

BBC News ?

A lack of legal aid provision in north-east England is causing unnecessary taxpayer costs and distress for asylum seekers, according to Newcastle-based?solicitor Chris Boyle. The lack of legal aid in areas such as Durham and Carlisle has led to "unnecessary" rejections and appeals, he says, while asylum seekers are left without professional help, resulting in a higher burden on the taxpayer-funded tribunal system. The shortage of legal aid is particularly acute in the North East and Cumbria, where there is not a single lawyer available in Carlisle. Asylum seekers face challenges in presenting their cases without legal aid, as they often lack understanding of the evidence required to prove their lives are in danger. Emma Pearson, at the Teesside-based asylum legal charity Justice First, said since April 2023, the team had supported 690 asylum seekers in the region with casework.

Reforms to litigation funding jeopardise sub-postmasters' compensation

Daily Telegraph ?

The proposed reforms to the litigation funding industry are facing backlash as they may extinguish sub-postmasters' hopes of receiving more compensation. Lawyers are warning that the changes will prevent sub-postmasters from revisiting the funding arrangement and seeking additional compensation. The Supreme Court ruling had raised the possibility of sub-postmasters reclaiming more money from the financial backers of the case. However, the government aims to protect the litigation funding industry to encourage legal disputes against corporations. A legal opinion from Lord Macdonald KC highlights that the rule change removes the right for sub-postmasters to revisit the funding arrangement, ruling out the possibility of seeking more compensation.

Government's anti-corruption tool falls flat

City A.M. ?

A legal tool designed to detect illicit wealth, known as Unexplained Wealth Orders (UWOs), has failed to deliver the expected results in the UK's fight against dirty money. Introduced in 2018, UWOs were meant to help authorities target Russian oligarchs and freeze their high-value assets. However, since their introduction, UWOs have only been deployed in five cases, with limited success. Experts argue that the tool was over-hyped and that the evidence required to support an application is often challenged by well-resourced respondents. Pia Mithani, a partner at law firm Stewarts, said despite the fanfare when first introduced, “the take-up hasn't been anywhere near what one might have expected.”

Sumption: Truss’s attacks on the judiciary 'a travesty'

The Daily Telegraph ?

Former Supreme Court judge Lord Sumption has accused Liz Truss of being "surprisingly ignorant of the workings of the judiciary and?the principles of the constitution." In a piece for the Telegraph, Lord Sumption says the former prime minister "has accused the Blair government of trashing the constitution, called for the abolition of the Supreme Court and?labelled the judiciary a self-perpetuating Left-wing oligarchy determined to obstruct the government’s agenda." Lord Sumption argues that while Truss "pays lip-service to judicial independence," the general thrust of her thoughts is that judges should do what ministers want. "She wants to abolish the Supreme Court because it does not always accept the government’s case," he concludes.

FAMILY LAW

‘Safety of children must not be compromised in family court reforms’

Yorkshire Post ?

Writing in the Yorkshire Post, Sarah Harvey, a senior associate in the Divorce and Family division of Stewarts Law, says the move towards transparency in family law proceedings is significant. Previously, parties were guaranteed a right to privacy; but in October 2021 Sir Andrew McFarlane, President of the Family Division in England and Wales, published a report calling for family law judges to publish anonymised version of at least 10 per cent of their judgments. It is hoped the changes will counter criticisms that the family court is excessively secretive. However, Harvey writes that “this must be balanced with understanding the potential impact of a more public forum on the wellbeing of those involved, in particular children and their parents.”

Family judges return to robes

Law Gazette ?

Family judges in England and Wales are set to return to wearing robes in courtrooms as part of a safety pilot scheme. The move is aimed at reinstating traditional courtroom attire following the relaxation of Covid-19 restrictions. The decision to reinstate robes comes after a consultation with judges, legal professionals, and court users. According to the president of the Family Division, Sir Andrew McFarlane, the pilot aims to ensure that courts maintain their solemnity and dignity. He emphasizes the importance of maintaining a sense of respect and formality within the courtroom. The article notes that the wearing of robes is seen as symbolic of the authority and impartiality of the judiciary. The decision to reintroduce robes reflects a broader trend in legal circles to preserve traditional courtroom practices.

New law could strip paedophiles of parental rights

BBC News / Daily Telegraph / Mirror.co.uk / The Daily Telegraph ?

Paedophiles convicted of serious sexual offences could lose parental rights over their children under a new law. Labour MP Harriet Harman has proposed an amendment to the Criminal Justice Bill, which would automatically deprive paedophiles guilty of raping a child under 13 of their parental rights. The Lord Chancellor has agreed to the amendment. The proposed law change was inspired by the story of Bethan, who spent ï¿¡30,000 in legal fees to prevent her paedophile ex-husband from accessing their daughter. Bethan's ex-husband was eventually barred from contact with all children except his own, but still retained rights over his daughter's education, health, and travel. The new legislation aims to protect children from the moment a parent is convicted in a criminal court, eliminating the need for mothers like Bethan to pay exorbitant legal fees.

Hundreds of vulnerable children placed in illegal homes

The Observer ?

Hundreds of vulnerable school-age children in England are being sent to illegal, unregulated homes every year due to a chronic shortage of places in secure local authority units. An Observer investigation has found that councils placed 706 children, most of them under 16, in unregistered homes in 2022-23. Private companies operating these homes received nearly ï¿¡105m from councils, equating to almost ï¿¡150,000 per child. Despite launching 845 investigations into suspected illegal homes, Ofsted did not prosecute a single provider. The number of children placed in illegal homes has risen by 277% between 2020 and 2023.

LEGAL TECH

Google backs UK legal tech start-up

The Daily Telegraph ?

Google Ventures, the venture capital arm of Google's parent company Alphabet, has invested in Lawhive, a London legal technology start-up. Lawhive has developed an AI paralegal called Lawrence, which has passed the exams set by the Solicitors Regulation Authority. The start-up operates a legal network that pairs clients with lawyers, offering fees up to 60% cheaper than traditional firms. Lawrence can automate repetitive legal work, while a professional lawyer vets the final advice. Vidu Shanmugarajah, a partner at Google Ventures, stated that Lawhive improves legal workflows and makes high-quality legal advice more accessible and affordable. Other investors in the funding round included Episode 1 Ventures.

COMMERCIAL LAW

UK multinationals get boost in fight against EU tax order

Daily Mail ?

Britain's fight against an EU order to recover millions of euros from the London Stock Exchange and multinationals that benefited from an illegal exemption in a British tax scheme has received a boost from an adviser to Europe's top court. Advocate general Laila Medina at the Court of Justice of the European Union said judges should annul the European Commission's 2019 decision against the UK's illegal tax rulings granted to certain multinational groups. The Commission claimed that Britain's Controlled Foreign Company (CFC) rules gave these firms an illegal advantage. Ms Medina faulted the EU executive and the General Court's legal errors, stating that the CFC rules can only be fully understood when considering the UK corporate tax system as a whole.

MPs call for anti-corruption ‘loopholes' to be closed

London Evening Standard ?

MPs campaigning against corruption have called on the government to take action on economic crime. The All-Party Parliamentary Group (APPG) on Anti-Corruption and Responsible Tax has published a manifesto urging the next government to close loopholes in anti-corruption laws and ensure greater transparency of company and property ownership. The MPs also called for a tightening of anti-money laundering regulations and increased resources for enforcement. Conservative MP Nigel Mills, co-chair of the APPG, highlighted the impact of economic crime on honest people and businesses and called for the UK to be "open for business" once again.

Barclays legal challenge could delay billions in payouts

The Times ?

A legal challenge by Barclays could potentially delay payouts worth billions of pounds to thousands of people who have made complaints about mis-sold car finance. The challenge, filed in the High Court, disputes a decision by the Financial Ombudsman Service that Barclays should pay compensation to a customer due to hidden commission in a finance deal. The ombudsman's decisions are legally binding, and the challenge could hold up the process for customers awaiting decisions. The case has sparked an investigation by the Financial Conduct Authority into potential widespread unfair treatment of borrowers. Experts fear that Barclays' legal action could cause further delays in resolving similar cases.

PROPERTY LAW

Shared ownership scheme criticised as legal complaints soar

Sky News ?

The shared ownership scheme is facing criticism as legal complaints from buyers hit by rising leasehold service charges reach a record high, Sky News reports. The scheme, designed to help people who can't afford to buy a home outright, allows buyers to purchase a share of a property and pay subsidised rent on the rest. However, shared owners are facing soaring costs, difficulty selling, and uncapped service charges. The Leasehold Advisory Service has seen a significant increase in the number of leaseholders seeking legal advice about service charges. The government's proposed Renters Reform Bill aims to regulate service charges and improve conditions for renters, but its passage through Parliament is uncertain. Shared ownership makes up half of affordable homes funding and is increasingly appealing to buyers.

Couple accused of harassing neighbour in gutter dispute

Daily Telegraph / Daily Mail?/ Express.co.uk ?

A couple are involved in a legal battle with their neighbour over a leaky gutter and property boundaries. They are suing their neighbour for trespass and the cost of replacing the guttering, while the neighbour is counter-suing for alleged intrusive acts. The core issue is the position of the boundary between the properties, with the neighbour claiming that it runs through the middle of the couple's garage extension. Tensions between the two families have been ongoing for years, with previous clashes and a criminal behaviour order against the neighbour. The judge warned that the loser of the case could face significant legal costs.

EMPLOYMENT LAW

Supreme Court rules trade union law breaches workers' rights

The Independent UK ?

The Supreme Court has ruled that the UK trade union law breaches the country’s duty to protect the right to take part in lawful strikes. The ruling came in the case of Fiona Mercer, a care worker who was suspended by her employer after participating in a planned strike. Lady Simler, who delivered the judgment, stated that if employees can only take strike action by exposing themselves to detrimental treatment, the right dissolves. The Unison union's general secretary Christina McAnea described the ruling as "a victory for every employee who might one day want to challenge something bad or unfair their employer has done," adding: "The government must now close this loophole promptly. It won't cost any money and isn't difficult to do." A spokesperson for Britain's Department of Business and Trade was equivocal on whether the law would be amended, saying "the government will consider the judgment carefully before responding."

TUC calls for AI to be regulated in the workplace

Financial Times / London Evening Standard / The Independent ?

The TUC has warned that Britain is failing to keep up with the regulation of AI in the workplace, leaving workers vulnerable to exploitation and discrimination. It has proposed a legal blueprint for regulating AI, including a legal duty for employers to consult trade unions on the use of high-risk and intrusive forms of the technology. Other countries such as the US, China, and Canada are already implementing new laws for the use of AI.?TUC assistant general secretary Kate Bell said: “UK employment law is simply failing to keep pace with the rapid speed of technological change. We are losing the race to regulate AI in the workplace. AI is already making life-changing calls in the workplace, including how people are hired, performance managed and fired. We urgently need to put new guardrails in place to protect workers from exploitation and discrimination. This should be a national priority. Other countries are regulating workplace AI – so that staff and employers know where they stand. The UK can't afford to drag its feet and become an international outlier.”

FIRMS

Debt at UK's top law firms reaches ï¿¡5.4bn

City A.M. ?

The total debt at the UK's top 50 law firms has reached ￡5.4bn. There has been an increase of ￡177m in the past year. The rise in debt is attributed to an increase in 'lock-up' days, which refers to the combination of work in progress (WIP) and debtors days. The average lock-up time for the top 100 law firms in the UK has risen to 124 days, a rise from 122 days in the previous year. Mark Turner, partner at Lubbock Fine, pointed at the economic turmoil of recent years, adding it is “being reflected in clients taking longer to pay their lawyers.” He highlighted that “law firms are having to borrow more to make sure that doesn't impact other areas like partner pay and investment in expansion.” Another factor causing some firms to borrow more is for office moves. Turner said: “The move towards flexible working has seen an increase in law firms moving to smaller premises.”

CASES

Post Office CEO Nick Read cleared of misconduct claims

The Times / City A.M. / The Guardian ?

Post Office CEO Nick Read has been cleared of all misconduct claims following an external report. Former chair Henry Staunton had accused Read of poor management and conduct. The report, compiled by barrister Marianne Tutin, exonerated Read and received the full backing of the board. The Post Office dismissed Staunton's claims as containing inaccuracies and falsehoods. Read had previously refuted bullying allegations. The Post Office emphasized the importance of the Speak Up process and confidentiality for whistleblowers. The organisation has been embroiled in a scandal over mishandling prosecutions of former subpostmasters.

Hugh Grant settles claim against NGN

The Independent UK / London Evening Standard / London Evening Standard / The Guardian ?

News Group Newspapers (NGN), the publisher of The Sun newspaper, has reached out-of-court settlements in more than 1,600 legal claims amid the long-running phone hacking litigation, the High Court has been told. A trial of some of the existing claims against NGN is due to take place in January next year. Hugh Grant has settled a High Court claim against NGN after being advised he risked being liable for ￡10m in legal costs if his case proceeded to a trial. The Duke of Sussex could be forced to settle his legal claim against NGN due to potential costs, too, the High Court has been told. Mr Grant said Rupert Murdoch has spent over ￡1bn making sure there shouldn't be a trial of the facts but he was determined to continue fighting for “a free press that does not distort the truth, abuse ordinary members of the public or hold elected MPs to ransom.”

Michaela Community School wins court challenge over prayer ban

The Times / Daily Mail?/ Evening Standard / I / The Daily Telegraph / The Guardian ?

Michaela Community?School in north west London has won a court challenge brought by a pupil who was banned from praying publicly. The pupil claimed that the policy banning "prayer rituals" was discriminatory and affected her faith. However, the judge ruled that the school - frequently dubbed Britain's strictest - had the right to impose restrictions on religious practices. The judgment stated that the disadvantage to Muslim pupils caused by the prayer ritual policy was outweighed by the aims of the school community as a whole. The school's head, Katharine Birbalsingh, revealed that the family which brought the case is sending another child to the school and plans to take further legal action. The ruling was welcomed by the government and secular campaigners, but has sparked debate about the need for national guidance on religious practices in schools.