Reeves unveils raft of planning reforms, Landlords face backlash for banning tenants from working from home
PROPERTY LAW
Reeves unveils raft of planning reforms
Sky News ? City A.M. ?
In her first major speech at the Treasury, Chancellor Rachel Reeves outlined a series of planning reforms designed to accelerate building and deliver on Labour’s promise to build 1.5m homes over this parliament. Reeves said Labour will reform the National Planning Policy Framework by the end of the month, which will include restoring mandatory local housing targets, end the ban on onshore wind in England and prioritise energy projects in the planning system. The party will also provide 300 extra planning officers to support local councils, create a new task force to accelerate stalled housing sites, and review planning applications previously turned down that could help the economy. “This Labour government has been elected to get things done, to get Britain building again. We are going to get Britain building again, we are going to get Britain’s economy growing again.”
Landlords face backlash for banning tenants from working from home
The Independent UK ?
Landlords in the UK are facing criticism for banning tenants from working from home, leading to calls for new legislation to protect renters. Advertisements for shared homes have been specifying that potential occupants must not work remotely, sparking concerns about homelessness and discrimination. While landlords cannot legally stop tenants from working from home, the situation becomes more complicated when tenants seek to run a business from their rental property. The issue gained attention after a viral post on Twitter highlighted a landlord attempting to rent a room where the tenant would be unable to work from home, despite a desk being provided. Generation Rent, a charity, has called on the government to impose regulations to prevent landlords from banning remote work. However, the existence of Section 21 evictions means that tenants could still be forced to move if they try to work from home.?
EMPLOYMENT LAW
Labour must take immediate action to deliver on workers’ rights, union chief says
The Guardian ?
Labour's post-election honeymoon will be short-lived unless it takes immediate action to deliver on workers' rights and brings a swift end to 14 years of public sector pay restraint, says Matt Wrack, the president of the Trades Union Congress. Wrack, who is also the general secretary of the Fire Brigades Union (FBU), has called for a summit with unions to plan how the new government would deliver for workers. He emphasised the need for urgent action on issues such as Labour's New Deal for workers, public sector strikes, and wages. Wrack also highlighted the importance of settling the junior doctors' pay dispute and addressing the recommendations made by public sector pay review bodies. The Keir Starmer-led government will need to take the risks of strikes seriously, Wrack said. “I don’t want to rush into saying there will be?a winter of discontent?or anything like that but [the] Labour government will need to listen to the unions. People want some recompense for the losses they suffered during the pandemic and the cost of living crisis.”
Employment tribunal compensation culture ‘is only set to intensify’
Daily Telegraph reporter Annabel Denham spends a day in an employment tribunal in central London and says “Vexatious complaints and exaggerated victimhood have created a compensation culture that is only set to intensify.” She laments that the Equality Act 2010, brought in by the last Labour administration, now governs the employment relationship, and “Complaints about apparently minor or jocular staff interactions pepper tribunal hearings” as employers find more and more of their time “is being absorbed by adherence to ever-expanding labour market regulation, with small businesses in particular buckling under the burden.” The author also notes that human resources “is becoming one of our fastest-growing industries.” She cites the Office for National Statistics’ annual survey of hours and earnings, which found that around a quarter of a million UK workers have “personnel”, “industrial relations”, “training” or “HR” in their job title.
Executive dubbed an ‘old fossil’ wins ￡3m payout
The Daily Telegraph ? The Times ? Daily Mail ?
A former executive at global engineering company Vesuvius has been awarded more than ￡3.17m after his boss, Patrick Andre, called him an “old fossil who doesn’t know how to manage millennials.” Glenn Cowie was 58 when he was sacked and replaced by a younger woman after 37 years working for the FTSE 250 company.?Mr Cowie, who accused the firm of having an "institutional and deep prejudice against older employees," won claims of age discrimination, victimisation and unfair dismissal.?In the tribunal's judgement, Employment Judge Adkin said: "First, Mr Andre commented negatively on [his] age and second, he commented negatively on Mr Cowie's inability to manage younger employees. It was unwanted conduct. We find it created an intimidating and hostile environment for [Mr Cowie] . . . this was directed at [him] personally."
GENERAL LAW
Law Commission plans to overhaul contempt laws
Government advisers have proposed radical changes to contempt of court laws. The Law Commission for England and Wales has published a consultation on proposals that would do away with the distinctions between criminal and civil contempt. The proposed reforms include three forms of contempt of court: general contempt, which would include the abuse of court staff or witnesses, disrupting hearings, or making unauthorised recordings of proceedings; contempt by breach of court order or undertaking, which would include litigants in high-value commercial disputes breaching freezing orders; and contempt by publication when proceedings are active, covering reports by traditional newspapers and broadcasters - and social media posts - that create "a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced." The commission also suggests expanding sentencing options to include community orders. The consultation is open until November 8 and seeks input on various points, including whether criminal proceedings should be considered "active" from the point of arrest.
Civil servants wrong to obstruct Rwanda deportations
Daily Mail ? The Guardian ?
The high court has ruled that the guidance issued by Conservative ministers, which instructed civil servants to ignore Strasbourg rulings and deport asylum seekers to Rwanda, is lawful. The FDA trade union, representing senior civil servants, brought legal action claiming that Home Office staff could be in breach of international law if they implemented the government's Rwanda deportation bill. However, the court dismissed the FDA's challenge, stating that civil servants are only obliged to refuse instructions that would be unlawful under domestic law, not international law. The ruling also upheld the authority of ministers to act contrary to international law. The FDA's general secretary, Dave Penman, expressed disappointment but acknowledged that the judge upheld the principle that refusing to implement a rule 39 order from the European Court of Human Rights would be a breach of international law. Labour's election victory is likely to halt the plan to deport asylum seekers to Rwanda.?
INDUSTRY
Richard Hermer appointed Attorney General
Sir Keir Starmer has appointed lawyer Richard Hermer as the new Attorney General, snubbing Emily Thornberry. Hermer, a KC from Matrix Chambers, has taken cases against British governments and has brought significant international law claims. He has represented UK servicemen and their families, individuals mistreated by the colonial regime in Kenya, and civilians mistreated in Iraq. Hermer has also acted on behalf of UK citizens held in Guantanamo Bay and UK service personnel injured during the Iraq War. Keir Starmer also appointed Pat McFadden as Chancellor of the Duchy of Lancaster. Other appointments include Lisa Nandy as Culture Secretary, David Lammy as Foreign Secretary, and Yvette Cooper as Home Secretary.
London's top litigation barristers: Who stands out?
Law ?
Law.com International asked London's top litigation partners to name the barristers they rate. Blackstone Chambers' Kieron Beale KC and Quinn Emanuel Urquhart & Sullivan's Andrew Green KC were highly recommended. Fountain Court Chambers' Richard Handyside KC and Tamara Oppenheimer KC were praised for their work on complex cases. 4 New Square Chambers' Roger Stewart KC was commended for his strength and ease of work. One Essex Court's Laurence Rabinowitz KC and Sonia Tolaney KC were recognised as leaders at the commercial bar. Marie Demetriou KC from Brick Court Chambers was highlighted for her work in competition and human rights law. Essex Court Chambers' Anna Dilnot KC and Joe Smouha KC were also mentioned. Anneli Howard KC from Monckton Chambers and Steven Gee KC from Arnold & Porter were praised for their expertise.
LEGAL TECH
AI in the legal profession
Bloomberg Law ? Law ?
Generative artificial intelligence (AI) is revolutionising the legal profession, particularly in the context of litigation discovery. Lawyers are now using AI-powered tools to streamline and assist with document review, coding, and data analysis. However, the use of AI tools raises concerns about document confidentiality and data security. Publicly available AI programmes may pose risk of exposing sensitive information, even closed AI programmes within law firms can inadvertently share confidential documents. To address these risks, lawyers should consider adapting confidentiality stipulations and protective orders to explicitly address the use of AI. This may include restricting the use of AI to specific secure vendors or prohibiting the use of certain public-facing AI programmes.??
Lawtech will drive legal innovation
Lawtech, the use of technology in the legal sector, is gaining momentum in the UK. With the acceleration of generative AI, legal tech companies are revolutionising the profession. In the past six months, there has been a surge in legal tech M&A activity, indicating the growing interest in this field. Big Tech giants like Microsoft and Google are investing in legal tech companies, while the UK's top law firms are embracing legal tech and running accelerator programmes such as?Slaughter and May's?Collaborate and A&O Shearman's Fuse. They are also investing in chatbots for their work. It has been suggested that as more work gets automated, the billable hours system may become obsolete.?Government numbers show that of the 356 legal tech companies operating in Britain, 254 are UK-founded and they have secured investment of more than ￡1.38bn.?
Bird & Bird to run major POC with Leya AI
Bird & Bird has become one of the first worldwide law firms to launch a large-scale proof of concept (POC) trial across many locations with Leya, a legal tech startup that applies AI to automate processes and uses public and internal firm data. The firm clarified that during the six-month plan, it will regularly evaluate how Leya is being used throughout its global network, concentrating on particular legal activities including evaluating local laws, court cases, and case law, creating contracts, and going over paperwork. Starting with user groups in the firm's UK, Germany, Spain, and Nordic offices, the team will assess use cases, the tool's value, and potential use cases.?
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Friday, 12th July 2024
THE HOT STORY
?
Shabana Mahmood named Lord Chancellor and Secretary of State for Justice
Birmingham MP and former barrister Shabana Mahmood has been appointed as the Lord Chancellor and Secretary of State for Justice in the new Labour government. She will be the first observant Muslim and only the second woman to assume the ancient office of Lord Chancellor. Mahmood, who was elected as MP for Birmingham Ladywood in 2010, has a background in law and specialised in professional indemnity cases. In her role, she plans to provide state-funded legal advice and representation to rape victims as their cases go through the criminal justice process. Mahmood aims to work with the Treasury to support the growth of the legal industry and strengthen the partnership for the legal sector. She is expected to be sworn in at the Royal Courts of Justice on 17 July.
INDUSTRY
?
Richard Hermer appointed Attorney General
Sir Keir Starmer has appointed lawyer Richard Hermer as the new Attorney General, snubbing Emily Thornberry. Hermer, a KC from Matrix Chambers, has taken cases against British governments and has brought significant international law claims. He has represented UK servicemen and their families, individuals mistreated by the colonial regime in Kenya, and civilians mistreated in Iraq. Hermer has also acted on behalf of UK citizens held in Guantanamo Bay and UK service personnel injured during the Iraq War. Keir Starmer also appointed Pat McFadden as Chancellor of the Duchy of Lancaster. Other appointments include Lisa Nandy as Culture Secretary, David Lammy as Foreign Secretary, and Yvette Cooper as Home Secretary.
?
London's top litigation barristers: Who stands out?
Law ?
Law.com International asked London's top litigation partners to name the barristers they rate. Blackstone Chambers' Kieron Beale KC and Quinn Emanuel Urquhart & Sullivan's Andrew Green KC were highly recommended. Fountain Court Chambers' Richard Handyside KC and Tamara Oppenheimer KC were praised for their work on complex cases. 4 New Square Chambers' Roger Stewart KC was commended for his strength and ease of work. One Essex Court's Laurence Rabinowitz KC and Sonia Tolaney KC were recognised as leaders at the commercial bar. Marie Demetriou KC from Brick Court Chambers was highlighted for her work in competition and human rights law. Essex Court Chambers' Anna Dilnot KC and Joe Smouha KC were also mentioned. Anneli Howard KC from Monckton Chambers and Steven Gee KC from Arnold & Porter were praised for their expertise.
LAW
?
Law Commission plans to overhaul contempt laws
Government advisers have proposed radical changes to contempt of court laws. The Law Commission for England and Wales has published a consultation on proposals that would do away with the distinctions between criminal and civil contempt. The proposed reforms include three forms of contempt of court: general contempt, which would include the abuse of court staff or witnesses, disrupting hearings, or making unauthorised recordings of proceedings; contempt by breach of court order or undertaking, which would include litigants in high-value commercial disputes breaching freezing orders; and contempt by publication when proceedings are active, covering reports by traditional newspapers and broadcasters - and social media posts - that create "a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced." The commission also suggests expanding sentencing options to include community orders. The consultation is open until November 8 and seeks input on various points, including whether criminal proceedings should be considered "active" from the point of arrest.
领英推荐
?
Civil servants wrong to obstruct Rwanda deportations
Daily Mail ? The Guardian ?
The high court has ruled that the guidance issued by Conservative ministers, which instructed civil servants to ignore Strasbourg rulings and deport asylum seekers to Rwanda, is lawful. The FDA trade union, representing senior civil servants, brought legal action claiming that Home Office staff could be in breach of international law if they implemented the government's Rwanda deportation bill. However, the court dismissed the FDA's challenge, stating that civil servants are only obliged to refuse instructions that would be unlawful under domestic law, not international law. The ruling also upheld the authority of ministers to act contrary to international law. The FDA's general secretary, Dave Penman, expressed disappointment but acknowledged that the judge upheld the principle that refusing to implement a rule 39 order from the European Court of Human Rights would be a breach of international law. Labour's election victory is likely to halt the plan to deport asylum seekers to Rwanda.?
LEGAL TECH
?
AI in the legal profession
Bloomberg Law ? Law ?
Generative artificial intelligence (AI) is revolutionising the legal profession, particularly in the context of litigation discovery. Lawyers are now using AI-powered tools to streamline and assist with document review, coding, and data analysis. However, the use of AI tools raises concerns about document confidentiality and data security. Publicly available AI programmes may pose risk of exposing sensitive information, even closed AI programmes within law firms can inadvertently share confidential documents. To address these risks, lawyers should consider adapting confidentiality stipulations and protective orders to explicitly address the use of AI. This may include restricting the use of AI to specific secure vendors or prohibiting the use of certain public-facing AI programmes.??
?
Lawtech will drive legal innovation
Lawtech, the use of technology in the legal sector, is gaining momentum in the UK. With the acceleration of generative AI, legal tech companies are revolutionising the profession. In the past six months, there has been a surge in legal tech M&A activity, indicating the growing interest in this field. Big Tech giants like Microsoft and Google are investing in legal tech companies, while the UK's top law firms are embracing legal tech and running accelerator programmes such as?Slaughter and May's?Collaborate and A&O Shearman's Fuse. They are also investing in chatbots for their work. It has been suggested that as more work gets automated, the billable hours system may become obsolete.?Government numbers show that of the 356 legal tech companies operating in Britain, 254 are UK-founded and they have secured investment of more than ￡1.38bn.?
?
Bird & Bird to run major POC with Leya AI
Bird & Bird has become one of the first worldwide law firms to launch a large-scale proof of concept (POC) trial across many locations with Leya, a legal tech startup that applies AI to automate processes and uses public and internal firm data. The firm clarified that during the six-month plan, it will regularly evaluate how Leya is being used throughout its global network, concentrating on particular legal activities including evaluating local laws, court cases, and case law, creating contracts, and going over paperwork. Starting with user groups in the firm's UK, Germany, Spain, and Nordic offices, the team will assess use cases, the tool's value, and potential use cases.?
PROPERTY LAW
?
Reeves unveils raft of planning reforms
Sky News ? City A.M. ?
In her first major speech at the Treasury, Chancellor Rachel Reeves outlined a series of planning reforms designed to accelerate building and deliver on Labour’s promise to build 1.5m homes over this parliament. Reeves said Labour will reform the National Planning Policy Framework by the end of the month, which will include restoring mandatory local housing targets, end the ban on onshore wind in England and prioritise energy projects in the planning system. The party will also provide 300 extra planning officers to support local councils, create a new task force to accelerate stalled housing sites, and review planning applications previously turned down that could help the economy. “This Labour government has been elected to get things done, to get Britain building again. We are going to get Britain building again, we are going to get Britain’s economy growing again.”
?
Landlords face backlash for banning tenants from working from home
The Independent UK ?
Landlords in the UK are facing criticism for banning tenants from working from home, leading to calls for new legislation to protect renters. Advertisements for shared homes have been specifying that potential occupants must not work remotely, sparking concerns about homelessness and discrimination. While landlords cannot legally stop tenants from working from home, the situation becomes more complicated when tenants seek to run a business from their rental property. The issue gained attention after a viral post on Twitter highlighted a landlord attempting to rent a room where the tenant would be unable to work from home, despite a desk being provided. Generation Rent, a charity, has called on the government to impose regulations to prevent landlords from banning remote work. However, the existence of Section 21 evictions means that tenants could still be forced to move if they try to work from home.?
EMPLOYMENT LAW
?
Labour must take immediate action to deliver on workers’ rights, union chief says
The Guardian ?
Labour's post-election honeymoon will be short-lived unless it takes immediate action to deliver on workers' rights and brings a swift end to 14 years of public sector pay restraint, says Matt Wrack, the president of the Trades Union Congress. Wrack, who is also the general secretary of the Fire Brigades Union (FBU), has called for a summit with unions to plan how the new government would deliver for workers. He emphasised the need for urgent action on issues such as Labour's New Deal for workers, public sector strikes, and wages. Wrack also highlighted the importance of settling the junior doctors' pay dispute and addressing the recommendations made by public sector pay review bodies. The Keir Starmer-led government will need to take the risks of strikes seriously, Wrack said. “I don’t want to rush into saying there will be?a winter of discontent?or anything like that but [the] Labour government will need to listen to the unions. People want some recompense for the losses they suffered during the pandemic and the cost of living crisis.”
?
Employment tribunal compensation culture ‘is only set to intensify’
Daily Telegraph reporter Annabel Denham spends a day in an employment tribunal in central London and says “Vexatious complaints and exaggerated victimhood have created a compensation culture that is only set to intensify.” She laments that the Equality Act 2010, brought in by the last Labour administration, now governs the employment relationship, and “Complaints about apparently minor or jocular staff interactions pepper tribunal hearings” as employers find more and more of their time “is being absorbed by adherence to ever-expanding labour market regulation, with small businesses in particular buckling under the burden.” The author also notes that human resources “is becoming one of our fastest-growing industries.” She cites the Office for National Statistics’ annual survey of hours and earnings, which found that around a quarter of a million UK workers have “personnel”, “industrial relations”, “training” or “HR” in their job title.
?
Executive dubbed an ‘old fossil’ wins ￡3m payout
The Daily Telegraph ? The Times ? Daily Mail ?
A former executive at global engineering company Vesuvius has been awarded more than ￡3.17m after his boss, Patrick Andre, called him an “old fossil who doesn’t know how to manage millennials.” Glenn Cowie was 58 when he was sacked and replaced by a younger woman after 37 years working for the FTSE 250 company.?Mr Cowie, who accused the firm of having an "institutional and deep prejudice against older employees," won claims of age discrimination, victimisation and unfair dismissal.?In the tribunal's judgement, Employment Judge Adkin said: "First, Mr Andre commented negatively on [his] age and second, he commented negatively on Mr Cowie's inability to manage younger employees. It was unwanted conduct. We find it created an intimidating and hostile environment for [Mr Cowie] . . . this was directed at [him] personally."
FIRMS
Linklaters' revenue exceeds ￡2bn for the first time
Law Gazette ? Legalcheek ? City A.M. ?
Linklaters has achieved a significant milestone by surpassing ￡2bn in revenue for the first time. The firm's revenue grew by 10% to ￡2.1bn, with a pre-tax profit increase of over 10% to ￡942m. The average profit earned by Linklaters' partners was ￡1.8m, up 7% from the previous year. The firm's profit per equity partner (PEP) also rose by 8% to ￡1.9m. Linklaters credited its expansion into the US and recent large mandates for its growth. The firm's US expansion has paid off, with a 24% increase in revenue. Linklaters' strategy of focusing on high-end deals and large, complex cross-border transactions has been successful, with the firm advising on $133bn worth of deals in 2023.
Burges Salmon wins ￡16m legal services contract with Post Office
City A.M. ?
Bristol-headquartered law firm Burges Salmon has secured a ￡16m legal services contract with the Post Office for the ongoing Horizon IT Inquiry. The firm replaced Herbert Smith Freehills as the Post Office's legal advisers last year. The new contract runs until May 2025. The Post Office has spent nearly ￡24m on external legal advice for disclosure during the Inquiry. The Solicitors Regulation Authority has launched over 20 investigations into law firms and lawyers who worked for the Post Office. The Horizon Inquiry is ongoing, with Phases 5 and 6 set to run until the end of July.
A&O Shearman retains 66% of trainees after merger
Legalcheek ? Legalcheek ?
A&O Shearman has recorded its first post-merger retention score, with 37 of its 56 trainees staying put. The new outfit confirmed it made 39 offers to the 48 trainees who applied for newly qualified roles. Thirty-seven offers were accepted, all on permanent deals. Combining the trainee intakes of both firms has resulted in a larger-than-usual qualifying cohort, making the lower score — in this case 66% — somewhat expected. The firms officially joined forces on May 1, creating a new global mega-firm with nearly 4,000 lawyers across 48 offices in 29 countries and combined annual revenues of approximately $3.5bn (￡2.9bn). The new recruits will start on a recently-improved salary of ￡150,000. Elsewhere,?Burges Salmon has recorded a perfect 100% retention rate, with all 24 qualifying trainees accepting permanent roles. "We have a fantastic cohort of trainees and apprentices across the firm, and I'm delighted that all 24 of our trainees qualifying later this year chose to stay and pursue their careers with us," said managing partner Roger Bull.
US law firm opens London office
Another US law firm, Pierson Ferdinand, has opened its doors in London's Square Mile. The firm, which focuses on banking, capital markets, mergers and acquisitions, employment, and disputes, launched with eight partners and six staff members. Pierson Ferdinand is a spin-off from virtual firm FisherBroyles and is headed by Peter Finding, the partner who helped establish FisherBroyles' own office in London. The firm's London office serves as a bridge between the US and Europe, providing seamless service to multinational clients. Pierson Ferdinand's UK business is incorporated as a separate England-registered limited liability partnership.
CASES
Climate campaigners sue energy companies in record number
The Daily Telegraph ?
Climate campaigners are filing a record number of lawsuits against energy companies in an effort to end the use of fossil fuels, according to a report from the London School of Economics (LSE). The UK currently has 132 climate cases in its legal system, making it the third highest centre for climate litigation in the world. Environmental lawyers are pioneering new legal concepts such as "ecocide" to hold oil and gas company executives accountable for the emissions from their products. The LSE report highlights the increasing focus on the health impacts of climate change in litigation. The US has the highest number of climate cases with 1,745, followed by Australia with 132 cases. The report comes ahead of a major environmental case in the UK involving the 2015 collapse of the Fundao Dam in Brazil, operated by BHP, a UK-based mining conglomerate. The case is expected to set legal precedents for future climate litigation.
FCA accused of breaching disclosure rules in banking scandal
The Financial Conduct Authority (FCA) is facing accusations of breaching legal disclosure rules in relation to a multibillion-pound banking scandal. The all-party parliamentary group on fair business banking, which is suing the FCA, claims that the regulator failed to disclose relevant documents and information during judicial review proceedings. The dispute revolves around the exclusion of over 5,000 businesses from a redress scheme for victims of interest rate swap mis-selling. The FCA's decision not to accept the findings of an independent review, which concluded that the exclusion was wrong, is being challenged. The group alleges that the FCA's failure to disclose documents represents a breach of its duty of candour. The case is expected to be heard in December.
Motorcyclist loses ￡6.4m compensation claim after base jumping photo
A motorcyclist, Matthew Shaw, has lost his ￡6.4m compensation claim after a photograph showed him participating in base jumping four years after his accident. This claim is considered the largest to be dismissed by an English court. Shaw suffered severe injuries in a motorcycle crash in 2018 and underwent 23 surgical procedures. The driver of the car admitted liability, and interim payments were made by her insurance company. However, the insurers argued that Shaw had lied about his claim, and surveillance evidence revealed that he could walk unaided for a longer distance than he claimed.
Lawyer faces disciplinary hearing over "lawfare" claims
Nadhim Zahawi's lawyer, Ashley Hurst, will face a five-day disciplinary hearing over claims that he used "lawfare" to stifle criticism of the former Conservative chancellor. Hurst, a partner at Osborne Clarke, is accused of sending a "slapp" letter to another lawyer, Dan Neidle, who claimed that Zahawi had avoided paying ￡3.7m in capital gains tax. The disciplinary tribunal will proceed in December. Slapps are aggressive communications from lawyers aimed at preventing criticism of their clients. In response to Neidle's blog, Hurst sent a letter demanding a retraction of the allegation of "dishonesty" and threatening "serious consequences". Osborne Clarke maintains that Hurst behaved fairly and appropriately.