Hillsborough law report calls for government action, BSB expands powers to regulate barristers, Judge orders Sunak to reveal Rwanda flight date
THE HOT STORY
Hillsborough law report calls for government action
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The government must go further to avoid a repeat of the failures made after major tragedies like the Hillsborough disaster, MPs and peers have warned. A report by Parliament's Joint Committee on Human Rights (JCHR) recommends the government considers introducing a statutory duty of candour for all public bodies. Campaigners are also calling for new legislation to prevent similar disasters from happening again. The JCHR chairwoman, Joanna Cherry KC, stated that lessons still need to be learnt to ensure that these failures are not repeated. The committee also called for measures to establish a culture of openness and to give families as much clout at investigations as the public bodies involved. The report highlighted the risk of inequality of arms between public bodies and bereaved families at inquests and inquiries.
INDUSTRY
BSB expands powers to regulate barristers
The Bar Standards Board (BSB) has been granted expanded powers by the Legal Services Board (LSB) to regulate barristers. These new powers allow the BSB to impose interim suspensions on barristers in cases of misconduct, even if a final decision on sanctions has not yet been made. The BSB believes that these measures will help protect the public and maintain public confidence. Sara Jagger, BSB director of legal and enforcement, expressed satisfaction with the approval of these changes, stating that they will enable the BSB to better protect the public and the public interest.
LAW
Investigations into Post Office legal team 'need to start now'
Writing in The Times, David McIntosh, former president of the Law Society and Rodney Warren, former chairman of the Criminal Law Solicitors' Association, discuss how alleged misconduct by lawyers representing the Post Office in the wrongful prosecutions of 736 innocent subpostmasters raises serious questions about the lawyers' roles and risks tarnishing the reputation of the entire legal profession. Despite this, they note this has not been addressed publicly by the Law Society of England and Wales, the Law Society of Scotland, the Bar Council or the Faculty of Advocates. The pair write: “The vast majority of the UK's lawyers - with only rare exceptions - practise with objectivity, professionalism and regulatory compliance. It is this that needs to be said loud and clear, and now: not later.â€
Judge orders Sunak to reveal Rwanda flight date
Daily Telegraph  I Â
Mr Justice Chamberlain has ordered Rishi Sunak to reveal the date of the first planned Rwanda flight amid confusion over the schedule. The judge stated that there was "insufficient clarity" from the government, making it difficult to determine when to hear a legal challenge against the Prime Minister's deportation scheme. The legal action is being brought by the FDA, the union for top civil servants, which argues that implementing the Prime Minister's Safety of Rwanda Act could breach international law. The challenge was originally scheduled to be heard between June 4 and 7, but the judge's order requires the Cabinet Office and Home Office to provide the earliest date for removals. The order comes after Sunak suggested that the flights will not take off before the election.
Home Secretary 'particularly sorry' over scrapping of Martyn's Law
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Home Secretary James Cleverly has said he is "particularly sorry" to Figen Murray, the mother of Martyn Hett, who was killed in the Manchester Arena bombing in 2017, after plans for a new law to strengthen security measures at public venues were scrapped after Prime Minister Rishi Sunak announced July's general election. Ms Murray said she felt "let down" after Mr Sunak told her, just hours before his announcement, that the legislation would be introduced before the parliamentary summer break. Mr Cleverly said if the Conservatives win the election "we would prioritise this to get it on because it has taken longer than we would have wanted." He added that there is "cross-party support" for the law, and that he "cannot envisage a world where this is not enacted, even if it is delayed because of a General Election."
Target to cut crown court backlog cannot be met, says spending watchdog
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The National Audit Office (NAO) has said the government’s target to reduce unprecedented criminal court backlogs in England and Wales cannot be met. The national spending watchdog says the delays are affecting victims and cases risk collapsing. The NAO also revealed in its report that a key government minister-led body that should have been involved in solving the crisis did not meet once in a two-year period. There are 67,573 cases waiting to be dealt with in crown courts. The number of cases rapidly increased when courts were closed under social distancing rules during the pandemic, and the backlog worsened as lawyers quit or went on strike in a major pay dispute.
FOS proposes new fees for CMCs
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The Financial Ombudsman Service (FOS) has proposed new fees for claims management companies (CMCs) to lodge a case, aiming to make costs fairer. CMCs could face fees of up to £250, which would be reduced to £75 if the case outcome favours the consumer. The service will remain free for individuals who bring their case directly, as well as for families, friends, charities, and voluntary organisations assisting them. The proposed fees are part of a consultation open until July 4. The FOS is looking to recover some of its costs from CMCs and representatives, as well as financial firms. James Dipple-Johnstone, deputy chief ombudsman at the FOS, said the changes are aimed at improving the service and ensuring it remains free for all consumers.
LinkedIn reveals the fastest-growing jobs for graduates
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The fastest-growing job for new graduates in the UK is becoming a solicitor, according to a study by LinkedIn. The study found that the number of filled roles for solicitors saw the biggest percentage increase between 2022 and 2023. Company founders were the second fastest-growing job among new graduates. Other popular career choices for university leavers included becoming finance specialists and auditors. The study also revealed that diversity, knowledge of cultures, and belonging were common attributes among graduates. The study also emphasised the importance of in-person work for young professionals, saying it provides valuable learning and development opportunities and a sense of community.
FAMILY LAW
Courts struggle to find experts for gender treatment disputes
Courts in the UK are struggling to find medical experts willing to provide evidence in family law disputes regarding hormone treatment for young people seeking to change gender. Recent High Court rulings highlighted the lack of available experts, with one judge blaming the toxic debate surrounding the issue. The shortage of experts has been attributed to factors such as strict court timetables, low fees, and criticism from lawyers, judges, and the press. The problem is not limited to transgender issues, but it is particularly challenging in this highly contentious area. Experts from abroad may be increasingly used to fill the gap. The difficulties in finding experts have raised concerns about the quality of evidence presented in court and the ability to handle cross-examination. Anonymity for experts and higher legal aid rates have been suggested as potential solutions.
Ex-UBS banker wins appeal to cut ex-wife's divorce settlement by £20m
A former UBS banker turned sheep farmer, Clive Standish, has won an appeal to reduce the amount his ex-wife, Anna Standish, should receive from their divorce settlement by £20m. UK Court of Appeal judges ruled that the original split of assets was flawed and resulted in an unjustified division of wealth in the wife's favour. Anna Standish was awarded £25m instead of the previous £45m. The ruling sets a precedent that divorcing couples with unequal wealth should not have their assets equally split by the court. Clive Standish's lawyers argued that he was the main wealth generator and that the £80m gifted to Anna in 2017 was only to avoid UK inheritance tax rules. Anna Standish plans to appeal the decision, calling it unfair and setting an extraordinary precedent.
Digital divorce glitch leads to potential dissolution of 67 marriages
The Times reports on how judges are considering annulling 67 divorces after a glitch in the digital court system allowed unlawful applications to be approved. The fault is the latest issue with the court service's digital divorce platform introduced in 2019. The problem involved the legal requirement that divorce applications cannot be made until at least one year and a day after the marriage date. However, Lord Bellamy, a justice minister, confirmed to Parliament that between April and November 2022, the digital system incorrectly allowed applications to be submitted just one year after the marriage date - one day too early. It was reported that HM Courts & Tribunals Service reviewed 90,431 applications from that period and identified 67 cases where the premature applications were granted divorce orders by the courts. A courts spokesman stated those affected are being contacted and offered support, noting "any court orders, including divorce orders, remain in place unless they are specifically overturned by the courts."
COMMERCIAL LAW
Russian litigants desert London commercial court amid sanctions
Russian litigants are deserting the London commercial court as sanctions imposed after President Putin's invasion of Ukraine bite on the City legal profession. An annual report on the number of foreign litigants resolving commercial disputes in the London court found that there were only 27 cases involving Russians, less than half the number recorded the previous year. Adam Greaves, a solicitor at LK Law in the City, said: "99% of full service law firms have stopped acting for Russian clients, based on their fears of what their other clients will think of them." The report also revealed that 84 nationalities were represented in English commercial courts last year, a record figure that reinforced "London's strong reputation as an international legal hub."Â Ireland, the US, Switzerland, the United Arab Emirates and India were the source of the most foreign litigants.
Class-action cases surge in UK's competition courts
The Daily Telegraph Â
The UK's competition courts have seen an increase in class-action cases, introduced to the UK's competition courts in 2015, with lawyers and funders bringing claims against big companies. "Every business that is consumer facing has someone thinking about them as a target for a class-action," says Tom Cassels, a litigation partner at Linklaters. However, businesses are concerned about the volume of cases and the ease of certification. Critics argue that class-action cases are stretching competition law and duplicating regulatory processes, while litigation funders argue that the risks involved mean they only bring meritorious claims. Despite the costs, class-action cases can be highly lucrative for law firms. Critics warn that businesses will pass on the costs to consumers, while supporters argue that the system upholds the rule of law and deters bad actors.
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PROPERTY LAW
Online platforms obstructing action against illegal subletting
Local authorities have warned that short-term letting platforms Airbnb and Booking.com are facilitating fraud by refusing to cooperate with local authorities acting to stop the illegal subletting of social housing and refusing to take down illegal listings. The Guardian notes that under the Data Protection Act, personal data held by firms can be legitimately shared with relevant authorities for law enforcement, but Stephanie Toghill at Islington Council says Airbnb "seems to think the Data Protection Act doesn't apply to them," with the council forced to seek a court order before the firm would help identify suspected illegal sublets. The Royal Borough of Kensington and Chelsea said that while it "tried to establish a landmark data-sharing pilot with Airbnb to help us uncover reported tenancy fraud," this "isn't working as we would have wished and data is not being shared with us."
New rules could disrupt house purchases, experts warn
The Sunday Telegraph Â
House purchases could be severely disrupted by new rules designed to protect against fraud, experts have warned. Banks will be able to stop suspicious payments for up to four days under incoming rule changes, causing potential chaos for home movers. Delays in payments flagged as suspicious could cause problems on completion day for those buying homes. Lawyers have warned that the added red tape could result in severe penalties for buyers under legally binding contracts, especially in complex property transactions. Experts argue that there are already sufficient measures in place for banks to identify unusual or suspicious activity.Â
EMPLOYMENT LAW
Complaints ‘covered up’ against employment tribunal judges
Seven women who have accused employment tribunal judge Philip Lancaster of bullying and intimidation have claimed the senior judiciary has tried to cover up their complaints. The reported lack of action comes as the Ministry of Justice and Judicial Conduct Investigations Office (JCIO) have also been referred to the Information Commissioner for failing to disclose the number of complaints made about tribunal judges. A consultation on judicial discipline revealed that the figure is estimated to be between 700 and 800 annually. The women have called for an investigation into the judge and the policy on publishing the annual number of complaints about tribunal judges. The judge's alleged behaviour includes shouting at claimants and preventing questioning of witnesses. The women claim that his conduct has deprived them of a fair trial.
Calling a woman ‘frumpy’ at work is discrimination, tribunal finds
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A judge has ruled that calling a female colleague "frumpy" could potentially amount to sex harassment, according to an employment tribunal. The ruling came in the case of an investment firm worker who claimed she had been "humiliated" after her boss described her outfit as making her look like a "frumpy grandma." Although the claim was dismissed due to being brought too late, the tribunal found that the comment was unwanted conduct related to sex. Employment Judge Paul Singh said: “The very nature of the comment . . . was inherently linked to gender and we also found that such conduct had the purpose or effect of violating [the claimant's] dignity." This ruling is one in a series of recent judgments that suggest new legal avenues for discrimination claims at work.
FIRMS
Law firms struggle with civil legal aid work, new report reveals
The Law Society has released a report highlighting the extent of losses faced by law firms in civil legal aid work. The report urges the Ministry of Justice to set realistic and sustainable fees based on the research. The study, conducted by Frontier Economics, reveals that housing legal aid work is causing significant financial losses for lawyers. A final report reveals that losses per housing provider range from nearly £80,000 to £180,000 a year. The final report also highlights the difference in profitability between private and public family legal aid work. Providers face high costs due to administrative burdens and eligibility restrictions. The report suggests that further research is needed to understand the sustainability of different segments of civil legal aid.
Law firms face tripled compensation fund contributions
Law firms and solicitors will see a significant increase in compensation fund contributions next year, as the Solicitors Regulation Authority (SRA) aims to cover losses from recent interventions. The compensation fund recorded a loss of £29.1m in 2023 due to the collapse of firms such as Axiom Ince and Metamorph. The SRA has ruled out a one-off levy but will raise annual contributions from October 2024. Individual contributions will rise from £30 to £90, while the levy on firms will increase from £660 to £2,220. The SRA has also secured a potential borrowing facility of £10m. The proposed increase in fees aims to ensure the fund's viability while a consumer protection review is conducted. The SRA points out that the cost to individuals will be the same as in 2018/19. The firm contribution was £1,680 that year, but the ongoing diminution in firm numbers since then has meant remaining practices have to contribute more now.
US firms boost starting salaries for City lawyers
The Times reports that junior lawyers in the City are being paid "mini fortunes," with US firms expected to offer £200,000 salaries to newly qualified solicitors. Two Californian firms already pay new recruits in their City offices £180,000, while the 17 highest paying law firms in the Square Mile for newly qualified solicitors are American. Experts predict that the entry level for newly qualified solicitors will soon start at £200,000. However, demands on new recruits are high and work-life balance is often sacrificed. The potential issue, adds Chris Clark from the legal headhunting consultancy Definitum, is the attitude of City lawyers with two to five years' post-qualification experience, who may demand higher salaries or else revolt.
Clifford Chance joins salary war
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Clifford Chance has increased pay for its newly-qualified (NQ) lawyers from £125,000 to £150,000. It will also increase trainee pay from £50,000 to £56,000 in year one and £55,000 to £61,000 in year two as of September 1. This comes on the back of magic circle rivals Freshfields and Linklaters hiking salaries for newly qualified solicitors to £150,000 within the last month. US firm Quinn Emanuel Urquhart & Sullivan earlier this month increased the salaries of its NQ London lawyers to £180,000 per year, matching the London wage offered by fellow US firm Gibson Dunn.
Law firm takes legal action against Southend United owner
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Taylor Wessing, a city-based law firm, has initiated legal action against Ron Martin, the owner of Southend United, over an unpaid legal bill of nearly £400,000. The law firm was engaged by the football club to provide employment legal services, but Martin's company, Martin Dawn Plc, has allegedly failed to pay the fees. The claim form states that as of January 11, 2024, the invoices remain unpaid, leading to the law firm taking legal action for the outstanding sum plus late payment interest. Southend United has faced financial issues in the past, including a winding up application by HMRC.
CASES
MoD faces lawsuit over carcinogenic emissions from military helicopters
The Guardian Â
The Ministry of Defence is being sued by dozens of aircrew who were allegedly exposed to carcinogenic emissions from military helicopters, some of which are still in service. At least three former helicopter crew members have died from cancer after being exposed to the toxic fumes, lawyers claim. The MoD knew about the potential risk from the fumes in Sea King helicopters in 1999, but took no precautions to protect crew. Almost 40 people affected are suing the MoD, with more expected in the coming weeks.
Grindr faces lawsuit over misuse of data
The Guardian Â
A gay man who claims his HIV-positive status was misused by Grindr has accused the dating app of treating his personal medical data like "a piece of meat." Nearly 1,300 people have joined a civil lawsuit against Grindr in the UK high court, alleging misuse of private information, including HIV status. The claim accuses Grindr of breaching UK data protection laws by sharing sensitive data without consent. The man, who remains anonymous, was targeted with HIV therapy ads after confiding his status. The claimants have experienced significant distress, according to their lawyer. Grindr denies selling or sharing user-reported health information.
Migrant barge not under council control, rules High Court
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The government's migrant barge, which houses asylum seekers, is not under the control of a council, according to a ruling by a High Court judge. The case was brought by Portland mayor Carralyn Parkes against Dorset Council, arguing that the council could have prevented the barge from being moored at Portland Port. However, the judge ruled that the sea bed and harbour cannot be considered as "land" and therefore the council does not have enforcement powers over it. The ruling stated that if land were to include the sea bed, there would be no logical stopping place before the limits of the country's territorial sovereignty are reached.
Rebekah Vardy's team ran up 'unreasonable and disproportionate' legal bills, Coleen Rooney's lawyers claim
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Rebekah Vardy accrued massive costs in the so-called ‘Wagatha Christie’ court battle with Coleen Rooney because her legal team even worked on Christmas Day, a court has heard. Rooney went to the High Court this week to challenge Vardy’s £325,000 costs for pre-trial hearings in December 2021 and February 2022. Rooney’s legal team told the court the size of the bill Vardy racked up before the hearings was “wholly excessive and disproportionate.†It emerged in court that Vardy’s solicitors and barristers were even working on Christmas, Boxing and New Year’s Days.  Vardy went on to lose her high-profile libel claim against Rooney in July 2022.
Joey Barton guilty of defaming Jeremy Vine
Joey Barton's derogatory comments towards Jeremy Vine on social media have been deemed defamatory by a High Court judge. Vine is suing the former footballer for libel and harassment over 14 online posts, including one where Barton referred to him as a "peado defender." The judge ruled that 11 of the posts could defame Vine. Gervase de Wilde, Vine's barrister, revealed that the abuse began after Barton's comments on women in football. Barton's defence argued that the posts were vulgar abuse and not defamatory.