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The Times

Wednesday, March 8 2017

Frances Gibb and Jonathan Ames bring this morning’s must-read of all things legal, including news, comment and gossip.

Today

  • Women own a third of country’s law firms
  • Knife crime sentences to swell bursting prisons
  • Government wins closed hearing for rendition claim
  • Rahman delays professional disciplinary hearing
  • Medical couriers latest in gig economy challenge
  • New Yorkers reignite Square Mile law firm salary wars
  • Youngest woman appointed to bench
  • Football coach charged with eight more child sex offences
  • Comment: Don’t forget the chaps today …
  • The Churn: Former BPP man to oversee cost lawyer training
  • Blue Bag diary: Pinter’s missus chips in for law in Hackney

Plus, see our plans for Brief Premium and archive of articles so far. Tweet us @TimesLaw with your views.

 
Story of the Day

Women own a third of country’s law firms

Women are the majority owners of a third of all law firms in England and Wales, figures released to coincide with International Women’s Day today revealed.

The solicitors’ profession is becoming increasingly feminine, according to statistics published by the Law Society. Women now make up 48 per cent of solicitors.

According to the society, the proportion of law firms that are majority owned by women “far outstrips” the national estimate of women-owned small and medium enterprises generally. Officials argued that the figures reflected how well diversity programmes in the legal profession were working.

The society, the quasi-trade union for the profession, pointed out that for the past 20 years women had accounted for more than half of entrants to the profession – and more than 61 per cent in 2015. However, women make up fewer than 29 per cent of law firm partners.

The society reiterated its concern that women lawyers were being ghettoised into areas of the profession that were regarded as more feminine and less lucrative. It pointed out that more than 60 per cent of family law solicitors were women.

“We know that businesses benefit from strong diversity and inclusion policies and practices that help attract both clients and the best talent," Robert Bourns, president of the society, said.

He added that the society encouraged law firms “to adopt more flexible working practices and to put in place policies that support discrimination-free career progression”.

See comment below – Don’t forget the chaps today…

 
 
News Round Up
Knife crime sentences to swell bursting prisons

Mandatory jail sentences for threatening to use a knife are likely to fuel a further rise in the already overcrowded prison population, MPs will warn today.

Draft guidelines from the Sentencing Council, which advises courts on what penalties to impose, could lead to a “substantial increase in custody,” the Commons justice committee will say.

The MPs urge the council to ask the Ministry of Justice to consider how any predicted increase in the prison population “might be accommodated”. The prison population in England and Wales is 85,500 at present. They were responding to draft guidelines for the sentencing of offenders found in possession of, or threatening use of, a bladed article or weapon.

In the report MPs say that the council’s analysis of court data indicates a steady increase in the use and length of custodial sentences for possession offences in the last decade.

In 2015, 62 per cent of sentences for possession of bladed articles were custodial, including suspended sentences, with an average term of 6.1 months. This was a “significant increase” on the average of 3.5 months in 2005.

Immediate custody and suspended sentences accounted for 29 per cent of punishments for the newer offence of threatening with a bladed article. The average length of custodial sentences that year was 12 months.

MPs note that the council expects the guidelines to increase the proportion of offences that result in custodial sentences, but they have not been able to estimate with any certainty how sentencing behaviour may change. “The committee appreciates the difficulties in making such predictions, but the prospect of a substantial increase in the number of custodial sentences is a concern,” the MPs say.

Government wins closed hearing for rendition claim

A challenge brought by alleged victims of a UK-US rendition during what became known as the “war on terror” under Tony Blair has been moved into a secret hearing after only short proceedings in open court.

In the High Court yesterday, the government argued that central elements of a case brought by victims of a 2004 UK-US rendition should be heard in secret.

The hearing comes after a recent unanimous UK Supreme Court ruling that the men’s case could proceed, despite government arguments that the courts should not hear the case at all.

The two men, Amanatullah Ali and Yunus Rahmatullah, are challenging the Foreign Office over what they claim is Britain’s involvement in their rendition. They say that they were detained by the UK in Iraq, and then rendered to US custody in Afghanistan where they were held without charge, trial or access to a lawyer for a decade. Both men were badly abused.

The human rights organisation, Reprieve, says that it can demonstrate that the detention was based on false intelligence that led to Ali, a Pakistani rice farmer with no ties to extremism, being mistaken for Ahmad Dilshad, head of the military wing of the Sunni extremist group Lashkar-e-Taiba. The trial is thought to be the first case of a so-called closed material procedure (CMP) being used in a case brought by rendition victims. Reprieve, which is assisting the men, maintains that the government is seeking to avoid embarrassing revelations about the cases.

At yesterday’s hearing, journalists, members of the public and lawyers from Reprieve were asked to leave the court after 45 minutes.

Rahman wins delay to professional disciplinary hearing

The former Tower Hamlets mayor found guilty of corruption has secured a delay in his hearing before a lawyer disciplinary tribunal because he is challenging the Electoral Court over barring him from political office.

Lutfur Rahman, Britain’s first elected Muslim mayor, was found by the Electoral Court in 2015 to be guilty of “corrupt and illegal practices” under the Representation of the People Act 1983 and barred from running for political office for five years.

However, the Solicitors Disciplinary Tribunal sitting in London heard yesterday that the disgraced mayor had lodged judicial review proceedings against the findings of the court, seeking to have them quashed on the basis that the director of public prosecutions had not brought any charges against him.

Rahman qualified as a solicitor in 1997 and the regulator currently lists him as non-practising. His barrister, Tanveer Qureshi, of Carmelite Chambers in the Temple, told the tribunal that the issues in the judicial review challenge were “inextricably linked” with the issues to be considered by the tribunal.

He agreed that there was a “degree of uncertainty” as to the outcome of the judicial review proceedings but added: “That does not mean that it is in the interests of justice to proceed with this hearing. The judicial review proceedings potentially have a fundamental impact on the shape of these substantive proceedings,” he told the panel chaired by Andrew Spooner, a solicitor.

Edward Levey, a barrister from Fountain Court Chambers in the Temple, appeared for the Solicitors Regulation Authority, which is prosecuting the charges before the tribunal. He said that the only certainty was the “uncertainty” surrounding the judicial review proceedings with regard to scope, timing and even whether leave would be granted.

He described as “novel” the argument of Rahman’s lawyers that the findings of the Electoral Court should be quashed because the DPP had decided not to bring charges and insisted that the judicial review proceedings would in any case have no bearing on the issues before the tribunal.

Medical couriers latest to challenge gig economy employers

A trade union yesterday fired yet another shot in the battle against “gig economy” employers when it launched a legal claim to declare medical couriers as employees.

Couriers for The Doctors Laboratory – a provider of pathology services for the NHS – opened proceedings in the employment tribunal in the first test case in the healthcare sector.

That claim coincided with similar actcion as the parcel delivery company DX faced action over the employment status of its delivery drivers. The claim is being taken by law firm Leigh Day on behalf of the GMB union, which represents the 23 current and former DX drivers. The issues raised by the drivers have been submitted to ACAS early conciliation and if a satisfactory outcome is not reached the case will go to the Employment Tribunal.

The actions come after drivers for Uber, the taxi app business, won a similar claim last year. Last month the Court of Appeal upheld an earlier tribunal ruling that Pimlico Plumbers, a London business, must grant employment status to a worker that it had maintained was a contractor.

Another courier company, City Sprint, is facing a similar claim for employment rights from one of its cyclists. And cyclists for Deliveroo, the meals delivery business, have launched a legal claim to be allowed union recognition and representation.

Yesterday’s action before the London central employment tribunal was made on behalf of five couriers working for the Australian company. Backed by the Independent Workers Union of Great Britain, the couriers maintain that they are employees and not independent contractors, as they allege the company falsely claims.

The union claims that The Doctors Laboratory, which had £3 billion in annual revenue last year, has been “bogusly classifying their UK couriers as independent contractors for years, denying them sick pay, holiday pay and other basic employment rights”.

The Doctors Laboratory said that it was still waiting to receive formal notification of the tribunal claim. “We keep the working arrangements of our couriers under constant review to ensure that we comply with the latest standards and legal requirements,” it said in a statement.

New Yorkers reignite Square Mile law firm salary wars

A New York law firm reignited salary wars on this side of the pond by boosting starting annual pay packets for its newly qualified lawyers to £120,000.

Cleary Gottlieb Steen & Hamilton confirmed yesterday that it had ramped up pay for junior solicitors by £15,000. The move comes just five months after the London office handed newly qualified staff a 9 per cent rise. Between 12 and 15 lawyers qualify at its London office every year.

Sterling’s fall since the vote to leave the European Union has spurred many of the US firms in London to increase pay for junior lawyer so that it keeps pace with dollar wages Stateside.

Despite such dramatic rises Cleary Gottlieb is still just keeping up with its American counterparts in the City. Akin Gump and Kirkland & Ellis lead the junior lawyer pay league in the City, with each doling out annual packets of £147,000 to their solicitors on qualification.

But the Cleary munificence takes the firm closer to rivals Latham & Watkins and Milbank, which each pay salaries of £124,000 to newly qualified lawyers, and level with the London office of Skadden.

The firm moves ahead of a group of US firms in London, including Weil Gotshal & Manges, Davis Polk & Wardwell and Shearman & Sterling.

It is understood that the highest-paying domestic firms are two “magic circle” practices – Clifford Chance and Freshfields Bruckhaus Deringer – which offer qualifying salaries of a relatively paltry £85,000.

Youngest woman appointed to bench

A lawyer who started her legal career as a 15-year-old on work experience has become the youngest woman in the UK to become a judge, at the age of 31.

Briony Clarke was sworn in as a deputy district judge at Chelmsford crown court in Essex yesterday after a meteoric rise. Her legal experience began as a schoolgirl when she had a placement with the Chelmsford firm Taylor Haldane Barlex. Sixteen years on she will sit in judgment at magistrates’ courts on the London and southeast circuit.

In 2001 she joined Taylor Haldane Barlex as a trainee solicitor and from there rose through the ranks to become a general criminal law solicitor, attending magistrates’ courts and police stations regularly as well as the crown court. She qualified as a solicitor-advocate in both the criminal and civil courts in 2012.

She also handles regulatory work, prosecuting cases for the Health & Safety Executive such as fatalities resulting from accidents at work and accidents in which serious injury and extensive damage was caused.

According to her firm Ms Clarke “lives and breathes criminal law, but when she manages to find spare time she enjoys horseriding”.

Football coach charged with eight more child sex offences

Prosecutors have charged Barry Bennell, the disgraced former football coach, with an additional eight counts of child sexual abuse, it emerged yesterday.

Bennell, 63, has been at the heart of a crisis around childcare and the national game since he was charged last November with a first round of eight counts.

The Crown Prosecution Service said that Bennell – who had coaching stints at Crewe Alexandra and Manchester City in the 1980s – would appear via video link at South Cheshire magistrates’ court on March 13 in relation to the latest historical charges, which concern two alleged victims. The eight charges brought in November concern one alleged victim.

Bennell has already served prison sentences in Britain and the United States for child abuse offences.

In Brief

Barrister says to be competitive, avoid cleavage and have a dazzling smile – Daily Mail

DLA takes over Portuguese law firm – The Lawyer

Amazon agrees to hand over Echo data in murder case – CNet

 
 
 
Byline
Comment

Don’t forget the chaps today… Jane Keir

The theme for today’s International Women’s Day – “accelerating gender parity” – will resonate with a legal profession striving to improve its record on gender balance in the workplace.

But my message is: beware two hidden dangers. First, corporate feminism – a label often applied to the brand of feminism ascribed to women such as Sheryl Sandberg, the chief operating officer at Facebook. This is sometimes criticised as being for rich, white, educated women.

Even the most macho of City law firms will have made progress with their gender statistics of late. However, we need to move beyond thinking that greater representation of women from privileged backgrounds is enough. Replacing Rupert from Kensington with Jemima from Chelsea is insufficient; as a profession we need to be bolder.

Second, we need to nip in the bud any potential for discrimination against men – changed days indeed. Partnership quotas, recruitment targets, female mentoring programmes and flexible working are all very well, yet we need to be fair to others as well as supportive to women.

Flexible working, for example, should be as open to male lawyers who want to spend time with their families as it is to their career-juggling wives. It should be as accessible to those who want to spend time working for their chosen charity as it is acceptable for working parents.

Of course, International Women’s Day is important. That we are still talking about gender parity, of a “Women’s Day” over and above a dedicated day for men (which does exist by the way and is celebrated in November) shows that there is still more work for us to do. In City of London law firms, high street firms, at barristers’ chambers and – as is topical – in the judiciary, there is certainly room for improvement in diversity in the widest sense.

Yet today of all days we must not lose sight of the fact that we should be striving for a time when equality is not just a female issue. The challenge is to tread a path to gender progress while ensuring that we continue to support our equally capable male colleagues and that we continue to receive their understanding as to why parity matters – to our firms, employers and to our clients.

We must also not forget that gender itself is considered less of a binary concept these days. The future must therefore accommodate economic and gender-neutral equality in both aspiration and achievement.

Jane Keir is the senior partner at Kingsley Napley, a London law firm

 
 
Blue Bag

Pinter’s missus chips in for legal advice in Hackney

Lady Antonia Fraser, the writer, recently donated £500 to a law centre in London’s rough and tumble East End – and it’s all down to the persuasive advocacy of one of the Bar’s most renowned clothes horses.

Hackney Community Law Centre proudly announced the donation yesterday and the story behind it. Fraser, of course, is the widow of the man who turned the pregnant pause into an art form, Harold Pinter, the Nobel Prize winning playwright.

Pinter was Hackney born and raised and about five years ago Ian Rathbone, the law centre’s chairman, successfully campaigned for English Heritage to slap a blue plaque on the former home of the man who wrote The Birthday Party and The Homecoming.

Fast forward to the beginning of this year and Fraser found herself appearing on Radio Four’s Broadcasting House along with Tunde Okewale, the Doughty Street Chambers criminal law specialist whom the website Legal Cheek once named “the most followed barrister on Instagram” – something of a dubious title, and one, doubtless, owed in part to his penchant for Savile Row tailoring.

At the BBC studios Okewale buttoned-holed Fraser and, according to the law centre, gave her chapter and verse on the difficulties Hackney residents had gaining access to legal services.

“When I heard about the work of the Hackney Community Law Centre, I immediately decided to give a donation in the name of my late husband,” said Fraser. “Harold was proud of his Hackney origins and would have been delighted to help such a good cause“.

Lawyers in pants

Law firms have been droning on about flexible working ever since the fax machine was invented, but most still end up either formally or informally requiring their worker-bee associates to be chained to their desks for at least 10 hours a day.

Now a US law firm has raised the vexed issue again by boldly announcing yesterday that its associates in London and New York will be allowed to work two days a week from home.

Senior partners at Morgan Lewis have shifted into full jargon-mode to explain the glories of the scheme, which will kick off from the beginning of May for the firm’s 36 associates in London. “The initiative will leverage technological advancements,” they said, pointing out that it “follows a highly successful and extensive beta test, which confirmed continued and strong associate productivity, availability, and engagement from participants.

“As a global law firm, Morgan Lewis lawyers work seamlessly across time zones and geographies with clients and colleagues every day. The same state-of-the-art technology and commitment to client service allows lawyers to work remotely as the beta test successfully established”.

Boiled down, that simply conjures slightly unpleasant images of junior lawyers sitting around in their pants and dressing gowns all day, covered in toast crumbs and surrounded by half drunk cups of tea while they try to resist the temptations of Loose Women and The Chase.

 
 
The Churn

A run down of the big partner and team moves this week

Former BPP man to oversee cost lawyer training

A co-founder of one of the country’s biggest law schools has been appointed as the first non-executive chairman of the training arm of the Association of Costs Lawyers, it was announced yesterday.

Carl Lygo – a joint founder of BPP Law School – will oversee the operations of the sole provider of the costs lawyer qualification. The organisation also runs training courses for association members and others in the legal profession.

Mills & Reeve takes over niche real estate firm

Mills & Reeve, a national law firm that specialises in advising the healthcare sector, has taken over Maxwell Winward, a London niche practice that focuses on real estate and construction.

The firm confirmed yesterday that the deal will be formally concluded on June 1. Maxwell Winward was an eight-partner practice that had 22 lawyers.
The deal will take Mills & Reeve to 116 partners and a forecast annual revenue of around £93 million.

Back to the transfer market, and DAC Beachcroft has lured Nick Fothergill to its partnership from Watson Farley & Williams; Fothergill specialises in corporate- commercial work.

And Boodle Hatfield has pinched Jane Ireland from Ashfords, a London and west country law firm. The corporate law specialist joins as a partner.

 
 
Closing Statement

Not really the expert’s expert

There’s an intriguing civil case on the go in New South Wales, reports James Morton, who has just returned from assignment down under.

Gordon Wood had been the chauffeur to Rene Rivkin, the flamboyant entrepreneur who, for libel reasons, was referred to as “racing identity”. In 2008 Wood was convicted of killing his girlfriend by throwing her over a notorious “suicide” cliff in Watson’s Bay, Sydney.

Much of the evidence was that of an expert who demonstrated to the jury’s satisfaction that, with a run up and a sort of javelin throw, he could manage it. In 2012 it did not, however, convince the Court of Appeal, which had some fairly harsh words to say about the expert’s evidence. Wood is now bringing an action against the state, the senior prosecutor and the expert in which he alleges malice and claims millions in damages.

Indeed, it turns out that the expert’s expertise in the field of spear-throwing may have been a bit lacking. But it cannot have been anywhere near as bad as the Crown’s expert witness in a case at Maidstone Crown Court in 1987.

There a man giving expert evidence on the hypnotism of a witness admitted that not only had he no experience and no medical qualifications, but he had learnt what little he knew by reading a book in his local public library.

As for Wood’s case, the betting among the cognoscenti is that he will be unable to prove the requisite malice.

James Morton is a former criminal law solicitor and now author