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The Times

Monday, October 24 2016

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

New Brief Premium

  • Court modernisation threatens judicial independence, argues Bar chief Chantal-Aimée Doerries, QC
  • Breaking up is costly to do – family courts head for crisis

Today

  • Ex-bishop attacks ‘deeply flawed’ Sharia inquiry
  • UK top-100 law firms lose ground on revenue and profit
  • Ignorance over fees puts public off lawyers
  • Women lawyers ‘more ethical’ than men
  • Timeshare bosses breached hundreds of contracts, judge rules
  • Hunt for lawyer who fled after fraud conviction
  • Comment: French shame over terror suspect defence, by Kirsty Brimelow, QC
  • The Churn: Vos lined up as head of Chancery Division
  • More Churn: Judicial appointments body lands new head
  • Blue Bag diary: Chakrabarti gets award for skipping out early

Tweet us @TimesLaw with your views.

 
 
 
Story of the Day

Ex-bishop attacks ‘deeply flawed’ Sharia inquiry

A senior churchman has attacked the terms of reference of the government inquiry into Sharia as “deeply flawed”.

The Right Rev Dr Michael Nazir-Ali, former Bishop of Rochester, says the current Home Office review of Sharia fails to address its fundamental defects. The terms of reference, he says, look only at the way Sharia is being applied, and not at its nature and content.

According to Nazir-Ali, the review asks whether the application of Sharia is incompatible with English law when it should be asking “whether Sharia is itself incompatible with English law”. He warns: “If Sharia is recognised in any way in terms of the public law, it will introduce a principle of contradiction in the body of the law, which will cause enormous problems.”

The Times reports that the former bishop made his comments in written evidence to the home affairs committee, which in June launched its own inquiry into Sharia councils. It has not yet held any evidence sessions. Nazir-Ali also criticises the Home Office review panel for failing to include non-Muslim experts on Islam and human rights experts.

The review into the application of Sharia in England and Wales was announced by Theresa May, then the home secretary, in May this year. It is being chaired by a leading expert in Islamic and inter-religious studies, Mona Siddiqui of the University of Edinburgh.

On the panel are senior judges and lawyers, including Sir Mark Hedley, a retired high court judge, and Anne Marie Hutchinson, a well-known family lawyer. It is being advised by two religious and theological imams.

Nazir-Ali says that that there are three fundamental inequalities in Sharia: the inequality of Muslims and non-Muslims (for example, non-Muslims cannot inherit from Muslims); the inequality of men and women; and the inequality of slaves and free. “Western law, by contrast, embraces the fundamental principle of equality of all people before the law,” he says.

 
 
 
 
News Round Up
UK top-100 law firms lose ground on revenue and profit

Britain’s biggest law firms contracted financially over the past year, with revenue and profit at the top-100 down, figures published today reveal.

While three quarters of the top firms reported revenue growth, that figure was 7 per cent down on the previous year. Likewise, the figures show profit margins falling across the top tier “as pricing remains under pressure, productivity decreases and salaries increase”.

The figures – from the 25th annual law firms survey from PwC, the “big four” accountancy practice – showed that profit per equity partner at the top firms remained at flat and did not dip because practices retained a “tight control of partner headcount”.

Still at the highest end of the profession, the top 50 firms increased fee earner headcount by 7.6 per cent on average. But the researchers found that return on that investment had so far failed to produce significant revenue growth.

The survey highlighted a significant disparity between the performance of the top-tier UK firms relative to their competition in the US. Leading international American firms showed nearly 3 per cent growth in fee income over the past year and 3.2 per cent growth in profit.

David Snell, of PwC’s law firms advisory group, warned that even though the top UK partnerships were keeping a tight rein on equity, “spare capacity has increased and is a cause for concern, particularly with the increased uncertainty around Brexit”.

Snell maintained that “workforce management and deployment has remained unchanged for many years and we expect the better performing firms in the future will be those who can improve the agility of their workforce both between practice areas and globally”.

Ignorance over fees puts public off lawyers

Members of the public wildly overestimate the cost of legal services and are failing to get appropriate advice regarding fundamental consumer issues, it was alleged on Friday.

Fewer than 10 per cent of respondents to a recent survey said that they were confident that they understood the cost of common legal services such as residential conveyancing, divorce and wills and probate.

Only about 22 per cent of individuals said that they always instructed lawyers or used other formal legal services when they had a legal problem. While about a quarter reported that they had at least once actively decided not to seek formal advice for a legal problem.

The survey questioned more than 2,000 consumers, and analysts pointed to strong evidence that a lack of clear information regarding legal fees was “hindering consumers from looking for the best lawyer”.

The report produced by the Law Superstore – a UK-based legal services comparison website – will provide further ammunition to the solicitors’ watchdog, which is lobbying for greater fee transparency in the profession.

“Consumers are saying they are confused about how much [lawyers’] services cost and aren’t always seeking advice when they need it,” Matthew Briggs, chief executive at the Law Superstore, said.

“This has to change. The regulator is already investigating how we create more transparent industry and this research shows just how critical it is – people want to understand what they are getting from their lawyer and value for money, not rock bottom prices.”

Women lawyers ‘more ethical’ than men – and less keen on cash

Women lawyers are more likely to be ethical than their male counterparts, researchers have claimed amid suggestions that females are far less motivated by financial reward.

A transatlantic group of academics claim that women studying law had “a greater propensity to be more ethical”.

The boffins also said that prospective women lawyers “valued self-enhancement less and self-transcendence more highly than the male respondents”. Richard Moorhead, professor of law and professional ethics at University College London, who led the research team, cut through the jargon to explain to The Brief that women studying law are “more interested in justice and the interests of people around them” than are men.

The research – published in the International Journal of the Legal Profession – also found that women law students “had a stronger sense of ethical identity [they were more likely to think in ethical terms, said Moorhead] and lower levels of moral disengagement [they are less likely to see unethical conduct as acceptable] and entitlement [they are less likely to think they simply deserve success]”.

In addition to Moorhead, the research team included academics from Cardiff University law school, Northwestern University in Chicago and the University of Tulsa in Oklahoma.

Timeshare company breached hundreds of contracts, judge rules

A company breached the contracts it had with up to 500 British timeshare holders, the High Court ruled last week, but the claimants were unable to prove sufficient financial loss to be awarded damages.

Lawyers for four claimants bringing test cases at the Royal Courts of Justice in London said that they were considering an appeal of Mrs Justice Proudman’s ruling.
The judge found that while the timeshare exchange company, RCI Europe, had breached its contract and misled members, the four test claimants had not proved individual loss.

RCI’s bosses had been accused of skimming off the best properties in the exchange scheme and acting in complete conflict with their customers. Mrs Justice Proudman found that “there is little doubt that RCI was in breach of the terms of its contract”.

David Greene, the senior partner of Edwin Coe, a London law firm, who acted for the claimants, said RCI’s “arrogance towards its members is staggering and the judge rightly found against them on these issues”.

The lawyer continued: “Whilst we are now considering an appeal on certain elements of the judgment, the court’s findings open up the possibility of the hundreds of thousands of RCI members seeking compensation on proving loss.”

Greene instructed Robert Deacon and Clive Wolman of Thomas More Chambers in Lincoln’s Inn; while Herbert Smith Freehills, the City of London law firm, acted for RCI, instructing Charles Graham, QC, and Nicholas Sloboda of One Essex Court in the Temple.

Detectives hunt for lawyer who fled after fraud conviction

Scotland Yard detectives have appealed for information in their hunt for a solicitor who fled the UK on the eve of being sentenced for fraud.

Maria Antonia Cameira, 58, is a Portuguese national and the director of two law firms based in London, Cameira Law and CL@Cameira Legal. She is listed by the Solicitors Regulation Authority as a “registered European lawyer”.

Last week Cameria was sentenced in her absence to six years in prison after being found guilty of abuse of position under provisions of the Fraud Act 2006. The offence, involving fraud of more than £90,000, related to the misuse of client funds deposited as part of residential conveyancing instructions.

The trial began on October 10 at Snaresbrook crown court. Cameira failed to appear on the third day and police said that she had fled to Lisbon. A UK warrant has been issued for her arrest. The trial continued in the absence of Cameira and her defence team. After an eight-day trial, the jury unanimously found the lawyer guilty.

Detectives appealed for anyone with information about her whereabouts to contact the Metropolitan police on 101 or Crimestoppers anonymously on 0800 555 111.

In Brief

Hundreds of police sex pests uncovered – The Times

Gropers in police ranks going unpunished – The Times

Female Labour MPs call for legal change following Ched Evans retrial – The Guardian

Scotland’s £10 million court ‘charade’ – Sunday Post

Children ‘at risk of internet grooming’ as Government breaks promise on new law – The Independent

Parents fight social workers over girl’s wish to be a boy – The Sunday Times

 
Byline
Comment

French shame over terror suspect defence Kirsty Brimelow, QC

French lawyers have recently withdrawn from defending Salah Abdeslam, the main suspect in the attacks in Paris last November in which 130 people were killed. Abdeslam was shot when arrested in Brussels in March 2016 and transferred to France one month later.

It appears that he has remained silent since his detention. There is a suggestion that this may in part be because he is thought to be under 24-hour manned electronic surveillance. Abdeslam’s lawyers announced on appointment that they would not represent him if he remained silent and they appear not to have challenged the extent of the surveillance involved.

On withdrawal from representation, his former lawyer, Sven Mary, stated: “The real victims of all of this are the victims of the Paris attacks, because they are entitled to this truth and they have the right to try to comprehend the incomprehensible.”

There is no legal basis for the withdrawal from representation – no matter how heinous the accusation – and the defiant actions of Abdeslam’s lawyers are troubling to all with a stake in due process.

Under French criminal procedure an examining magistrate is appointed. The juge d’instruction has wide powers to question witnesses and the accused, with only some supervision being exercised by the prosecuting lawyer.

Although lawyers are less important at this stage of the legal process, the accused is entitled to legal representation when questioned by the juge d’instruction and to see the evidence gathered before his interrogation.

The French system can be traced to the ancien regime and the 1670 “ordonnance criminelle”. By that ordinance, Louis XIV defined the inquisitorial procedure, which had been developing for three centuries. Protections for the accused, although present, were not observed and confession evidence was the central part of obtaining convictions. Indeed, applications could be made to obtain evidence by torture.

By the 18th century, French reformers expressed alarm at the lack of legal rights for the accused. Looking to England, Voltaire observed that English criminal procedure was directed towards the protection of the accused while the French criminal procedure was directed towards his destruction.

Much reform has ebbed and flowed through France’s inquisitorial blood since this time. France is a contracting party to the European Convention on Human Rights and so is required by Article 1 to ensure compliance with Article 6, which guarantees minimum fair trial rights. This includes the right to silence, which overlaps with the presumption of innocence.

These are difficult times for France. Its state of emergency declared on November 14 last year and then renewed by parliament is still in force. However, these are exactly the fraught circumstances where protection and rights of an accused such as Abdeslam should be practical and effective rather than theoretical and illusory.

While Abdeslam’s lawyers’ stance may be embraced by public opinion, devastated at the attack on innocence in Paris, ironically, they are launching their own attack upon the rule of law in France.

Kirsty Brimelow, QC, is a human rights specialist barrister at Doughty Street Chambers in London

 
 
Tweet of the Day

Notes to younger self #5: that snappy one line put-down may be the funniest thing that you'll ever regret! Sometimes,it's OK to say nothing

Bernard Richmond @phatsilk_qc

 
 
 
 
Blue Bag

Chakrabarti gets award for skipping out early

Of the myriad legal profession award ceremonies out there – does any other profession clap itself on the back as often as lawyers? – the Law Society’s tenth annual “excellence” beano may not be the most glamorous, but it should carry the most weight.

After all, it is organised by the country’s biggest legal profession representative body, which is presumably why Baroness Chakrabarti, Labour’s new shadow attorney-general, was happy to waive her usual speaking fee to rock up and dole out the keynote speech.

But the former director of Liberty has been having a bit of a rough ride ever since she moved from campaigning to frontline politics. (See today's Times for the latest on when Chakrabarti and Jeremy Corbyn, the Labour leader, were alleged to have first chatted about a peerage for her.) On the same day of the awards, at Hilton on Park Lane in London, the New Statesman published a diatribe on “Shami Chakrabarti’s fall from grace”.

Perhaps that explains her quick exit from the awards bash. Spies report that Chakrabarti gave a heartfelt speech about all the good work done over the year by the winners – and then didn’t hang about to see just who those winners were.

Bindmans lawyer scoops main honour

What Chakrabarti missed was John Halford, a human rights lawyer at Bindmans, being named solicitor of the year, Major-General Susan Ridge of the Army Legal Services picking up the Law Gazette’s legal personality of the year gong, and Alexandra Marks, a consultant at Linklaters, the City of London “magic circle” law firm, being handed a lifetime achievement award.

The judges described Halford as having gone the extra mile in “challenging unjust legal aid reforms and thereby preserving access to justice and equality before the law”.

Ridge was awarded for making military history last year, when she became the highest-ranking woman ever in the British Army. Marks picked up her trophy for having “devoted huge amounts of her time and energy to mentoring and encouraging solicitors to consider judicial appointment”.

Wright called to Ulster Bar

Jeremy Wright, QC, has become the first attorney-general of England and Wales to be called to the Bar in Northern Ireland … maybe.

The man who was making the government’s case last week in the High Court that the prime minister could trigger the Article 50 process to leave the EU without a vote in parliament, was called at a ceremony in Belfast on Friday. His office was fairly sure that he made history in doing so, but officials would not confirm the point categorically.

Wright joined a group of other freshly minted barristers at the event at the nisi prius court at the Royal Courts of Justice in Belfast. He was already advocate-general for the province, and a spokeswoman said that being called to the local Bar was a demonstration of his commitment to that role.

 
 
The Churn

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

Vos lined up as head of Chancery Division

Sir Geoffrey Vos is expected to be confirmed within days as the new head of the Chancery Division of the High Court, The Brief has learnt.

Vos, 61, a Court of Appeal judge and former Bar Council chairman, has had as swift rise through the judicial ranks. He became a High Court judge in 2009, and in 2013 was promoted to the Court of Appeal.

He went to University College School and Gonville and Caius College, Cambridge, and is a strong champion of social mobility. His father was a Bermondsey leather merchant in London and died when Vos was 19. His mother, he has said, had “quite a struggle”.

As Bar chairman in 2007, Vos – then head of chambers at 3 Stone Buildings – instigated the Neuberger report on access to the Bar. He has been chairman of the Social Mobility Foundation and was involved with the Milburn report on mobility in the professions.

Vos is a member of the Liberal Jewish synagogue in St John’s Wood as well as the Herefordshire Jewish community. He and his wife, Vivien, manage a 700-acre farm with sheep, cattle and arable land in Mathon near Malvern.

Judicial appointments body finally lands new head

A leading medical academic has taken over as head of the independent body that appoints judges after an extended search process failed to produce a successor before the previous chairman departed.

Lord Kakkar – a cross-bench peer and professor of surgery at University College London – started earlier this month as chairman of the Judicial Appointments Commission, the lord chancellor’s office confirmed on Friday.

The commission was launched in 2006 and the chairman’s term runs for three years. Lord Kakkar was made chairman of the House of Lords appointments commission three years ago and he was appointed to the Privy Council in 2014.

Lord Kakkar replaces Christopher Stephens, who was first appointed as the commission’s chairman in 2011 and reappointed for two more years in 2014. Stephens retired in April and the post has been vacant since then, with rumours aplenty that Ministry of Justice officials had great difficulty encouraging applicants.

 
 
Quote of the Day

“It might be hard to remember now, but there was a time when it was trendy to like Shami Chakrabarti. In the mid-2000s, amid the Iraq War backlash and the furore over identity cards, speaking well of the barrister … was a handy way of displaying liberal credentials.”