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The Times

Friday, January 20 2017

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

Today

  • Court lifts anonymity order in divorce assets case
  • Knife attacks leap by 11% as violent crime figures rise
  • Road-rage killer Noye asks judge for move to open prison
  • Lord Janner’s QC son rails against child abuse inquiry
  • Solicitor chief accuses regulator of planning to ‘confuse clients’
  • Beefed-up partnership rules ‘will damage’ Scottish law firms
  • News of the World lawyer cleared of misconduct
  • Comment: Post-Brexit US trade deal is not likely any time soon
  • The Churn: Thomas bags fourth term at top of Kennedys
  • Blue Bag diary: Truss woos City with beatific Brexit vision

Tweet us @TimesLaw with your views.

 
Story of the Day

Court lifts anonymity order in divorce assets case

A divorcee who was fighting her husband for a bigger payment can be identified after appeal judges lifted an order protecting her anonymity.

Tina Norman had argued in a test challenge that her financial dispute with her former husband Robert was “essentially private business” and there was no public interest in her identity being disclosed.

Several media organisations, including The Times, challenged the order, claiming that it would have a chilling effect on the reporting of divorce appeals. Three Court of Appeal judges — Lady Justice Gloster, Lady Justice King and Lord Justice Lewison — refused to impose any further order and said that Mrs Norman and her ex-husband could be named.

Adam Wolanski, a barrister at 5RB chambers in Gray’s Inn and counsel for The Times, News Group, Sky, the Mail and The Daily Telegraph, said that no notification was made to the press at that time and they had had no chance to oppose it.

The anonymity order was maintained at another hearing in August 2016 when the court said it would last until the hearing on Mrs Norman’s application for leave to appeal.

Wolanski claimed that the judges had to weigh the competing principles of the right to privacy against freedom of information and open justice. The principle of “open justice” was the starting point, he said.

 
 
News Round Up
Knife attacks leap by 11% as violent crime figures rise

Violent crime has risen in England and Wales with “genuine but small increases” in murder and knife crime, according to latest figures, reports Richard Ford.

Gun crime, domestic burglary, vehicle offences and shoplifting recorded by police forces in the country were also up. Overall crime recorded by police rose by 8 per cent to 4.7 million instances in the year to the end of September, driven largely by a 22 per cent rise in violence against the person.

Statisticians said the police figures were affected by changes in the way officers recorded offences reported to them and that this accounted for some of the rise in violent crime. But they said that there had been a real increase in murders and knife crime.

Knife crime rose by 11 per cent to 30,000 offences including rises in attempted murder and threats to kill in which a knife or sharp instrument was used.

The majority of the 44 police forces in England and Wales recorded a rise in knife crime with the Metropolitan police in London accounting for 15 per cent of the overall increase.

Although some of the rise may be linked to better police recording practices, the Office for National Statistics said: “There has also been some indication, particularly in relation to more serious offences involving an injury to the victim, that the latest rise may represent a real change to the downward trend seen in recent years.”

The policing minister Brandon Lewis said: “Police reform is working and crimes traditionally measured by the survey have fallen by a third since 2010 to a record low, with over 370,000 fewer violent crimes a year.

“Crime is changing and the way it is measured needs to change too so that we can continue to protect families and communities from the biggest threats.”

Road-rage killer Noye asks judge for move to open prison

Kenneth Noye, the renowned gangster and road-rage killer, launched a High Court battle yesterday to be moved to an open prison.

Noye, 69, was convicted of murder in April 2000 and sentenced to life with a minimum term of 16 years. He stabbed Stephen Cameron, 21, an electrician, to death in a road-rage attack on the M25 in Kent in 1996. After the killing Noye went on the run and was arrested in Spain two years later.

In September 2015 the Parole Board declined to order his release but recommended that he be transferred to open conditions. The board’s recommendation was rejected by Michael Gove, who was justice secretary at the time.

The Press Association reports that a judge in London is now being asked to rule on whether Gove’s decision was “unlawful and irrational”.

Edward Fitzgerald, QC, of Doughty Street Chambers in London, appeared for Noye and told Mr Justice Lavender that the tariff had been served, and the “sole issue is the issue of risk”. The lawyer argued that “the secretary of state has failed to give proper or adequate weight to the recommendation of the Parole Board and is therefore unreasonable and contrary to law”.

Tom Weisselberg, QC, of Blackstone Chambers, appeared for the justice secretary and told the court that Gove’s decision not to transfer was based on “doubts as to the credibility of the claimant’s claims” that he had “changed his attitude to violence”, the “risk of absconding posed by the claimant’s links to Spain”, the “risk of violence linked to the claimant’s ego and desire to be in control”, and his “use of excessive violence”.

In 1985 Noye stabbed a police officer, John Fordham, ten times. A jury found him not guilty of murder or manslaughter on the ground of self-defence.

Lord Janner’s QC son rails against child abuse inquiry

The family of Lord Janner, the former and now deceased Labour MP, have said they “deplore” the decision by the UK’s child abuse inquiry not to recognise that their father was never convicted of an offence “and died an innocent man”.

In a strongly worded 11-page statement issued to the Independent Inquiry into Child Sexual Abuse, the family, led by Daniel Janner, QC, of 187 Fleet Street chambers in London, described their father as “a person of the highest repute and integrity”.

The statement goes on to say: “There is a total failure by the inquiry to acknowledge our late father’s good character and legal status as innocent. This is compounded by a clear and total disregard for the possibility of him being falsely accused.

“The unavoidable starting point is that we deplore the inquiry’s failure to date to grant any acknowledgment of our late father’s innocence and good character which is the position in law.

“We are certain that our late father is the subject of serious false allegations by both men and women, driven by national ‘moral panic’ and exploitative compensation lawyers.”

A spokeswoman for the inquiry said that its “legal team agreed to meet this month with core participants and other interested parties about the investigation into allegations of child sexual abuse involving the late Lord Janner of Braunstone, QC. We are not providing a running commentary on those meetings."

Daniel Janner, who specialises in criminal law, was called to the bar in 1980 and promoted to silk in 2002. The inquiry has been beset by difficulties since it was launched in 2015 by Theresa May, then home secretary. It has had four chairwomen in that time, with Alexis Jay succeeding Dame Lowell Goddard after the New Zealand judge resigned last August amid controversy over her leadership style and competency.

The inquiry has also lost several key members of its legal team. Earlier this month Brian Altman, QC, from 2 Bedford Row chambers in London, was appointed as its new counsel.

Solicitor chief accuses regulator of planning to ‘confuse clients’

Solicitor chiefs were at odds again yesterday with regulators and the competition watchdog over proposals to make the profession more competitive and transparent with its fees.

Robert Bourns, president of the Law Society, the solicitors’ quasi-trade union, warned that the plans could create confusion among clients.

Last year the Competition and Markets Authority found that the legal services market needed improvement in terms of consumer access and competition but that it did not warrant an official full investigation. Nonetheless, it called for law firms to be much clearer and more transparent over the fee rates.

The Solicitors Regulation Authority welcomed the CMA’s findings and also called for greater flexibility in the market. However, speaking yesterday evening at a seminar on the CMA’s findings, organised by the London School of Economics, Bourns warned against deregulation leading to “confusion” for consumers.

He claimed that the SRA’s proposals could mean that some solicitors “would not be bound by client rules”, that some would not be obliged to have professional indemnity insurance and that they “would not provide access to the compensation fund” in instances of fraud or dishonesty.

Beefed-up partnership rules ‘will damage’ Scottish law firms

Cracking down on limited partnerships could drive legitimate investors away from Scotland, senior lawyers have warned, reports Greig Cameron.

Partners at some of Scotland’s largest commercial law firms say the sector has little to fear over its conduct by an investigation into the potential criminal uses of the corporate structures.

But they warned that any significant changes could lead to revenue from advisory work going overseas.

The Department for Business, Energy and Industrial Strategy announced a review into limited partnerships earlier this week amid concerns that they are being used to conceal illegal activity such as money laundering. The unique legal nature of Scottish limited partnerships means that they form the centre of the investigation.

The Scottish version of the structures allows the holding of assets and borrowing of cash. That makes them different from similar structures in the UK’s other jurisdictions.

Many Scottish law firms advertise their expertise in setting up limited partnerships, which are used in a wide variety of legitimate ways, including for farming land tenancies, property investment, oil and gas exploration, pension funds and private equity vehicles.

Scott Kerr, a partner at Harper Macleod, also highlighted the potential impact on the business community in Scotland. “Given the wide and legitimate use to which limited partnerships are put,” he said, “and the consequent benefits to the Scottish economy in particular from the unique characteristics of a Scottish limited partnership, I would hope we could start celebrating these successes and benefits rather than emphasising the other uses to which they might sometimes be put.

“The problem is not the limited partnership, but the people who are its partners.”

News of the World solicitor cleared of misconduct

A high-profile media lawyer who acted for News International during investigations into phone hacking at the News of the World has been cleared by a professional tribunal of misconduct.

Julian Pike, a partner at Farrer & Co, the one-time solicitors’ firm to the royal family, was cleared in a case in which it was alleged that he had advised News International to commission surveillance of lawyers acting for hacking claimants without proper justification. It was also alleged that he had instructed a private investigator to investigate the claimants' lawyers, again without proper justification.

In a ruling from the Solicitors Disciplinary Tribunal that has just been published, it was found that the allegations were not proved. The ruling follows a finding last August by the Bar’s disciplinary tribunal that Tom Crone, the former head of legal at the News of the World, was also cleared of professional misconduct.

Pike accepted that he had commissioned the investigator, but argued that he had legitimate reasons for doing so. He denied the surveillance allegation.

However, despite finding no misconduct, the SDT ordered that Pike bear £20,000 of the costs of the £100,000 investigation. Pike told The Brief: “I am obviously pleased that this matter is now behind me. As a litigator, while you may know what the right outcome should be, there is never any such guarantee. On this occasion, the right conclusion has been reached. However, it’s disappointing the process should take five years. Such delay should be unacceptable.

“The decision on costs can only be described as bizarre given the Tribunal made no criticism of me and found I did not bring the matter on myself. I have been advised that I have a very strong argument in favour of an appeal which is under consideration.”

In Brief

KWM partners face watchdog after client files ‘left scattered across London offices’ – The Lawyer

Addleshaws settles £5m arbitration against former partner – Legal Business

Evening Standard comment: We must safeguard our legal system post-Brexit – London Evening Standard

 
Byline
Comment

Post-Brexit US trade deal is not likely any time soon Robert Bell

Prospects for an early post-Brexit trade deal between Britain and the US are remote, despite what British ministers may hope for and recent comments from the man being inaugurated as US president today.

On this side of the Atlantic, Theresa May set out her vision of Brexit and the UK’s negotiating position in in her Brexit speech earlier this week. For the first time since the referendum last June, we now know what “Brexit means Brexit” actually means.

Brexit means leaving the single market and not seeking to replicate any existing trade arrangement as those enjoyed by countries such as Norway, Switzerland or Turkey. As part of this strategy we would be rejecting the EU common customs tariff thereby allowing the UK the autonomy to enter into beneficial trade deals with non-EU countries such as the US.

The prime minister’s speech addressed immigration, the European Court of Justice, the fate of EU nationals in the UK, nuclear weapons and crime and security co-operation. German cars, French agriculture and Spanish fishing all got a mention too. You name it, the kitchen sink appeared to be in there as May meandered through the kaleidoscope of UK-EU issues.

But there was a metaphorical elephant standing behind her that didn’t get a mention: Donald Trump, who later today will be inaugurated as US president.

Trump has already made it clear that he wishes Brexit to be a success for the UK, embracing a hostile stance to the EU as an institution. That aggressive tone has put enormous pressure on EU allies already perplexed by attacks on the German chancellor, Angela Merkel, and the credibility of Nato.

In the president-elect’s first UK interview, conducted by Michael Gove, the former justice secretary, and published in The Times, Trump indicated that the UK was “so smart in getting out” of the EU, and he promised a quick trade deal between the US and the UK after he took office.

But putting aside the soundbites, as the European Commission confirmed following Trump’s comments, it will not be legally possible for the UK to enter into any separate international trade deals until it leaves the EU. Only Brussels has the exclusive authority to enter into trade deals on behalf of member states.

Therefore, the earliest the UK could possibly enter into an autonomous trade deal with the US would be two years from the issue of an Article 50 notice, which is scheduled for March 2017, or when the UK ceases to be a member of the EU, whichever is the later.

Realistically, this is unlikely to be 2019 and will almost certainly take much longer.

As with so many of the optimistic pronouncements by the UK government about non-EU countries’ trade agreements we have heard in recent months, the reality is that a beneficial trade agreement with the US is not probable any time soon and is likely to be many years away.

Robert Bell is partner and head of the EU and UK competition team at the City of London office of Bryan Cave, a US law firm

 
 
Tweet of the Day

Found copy of the strangest Consent Ord I've drafted. Def does provide funding for the claimant to have 2 nipple piercings to a max £150...

Pablo Von Helsing @ReasonAboveAll

 
 
Blue Bag

Truss woos City over Brexit with beatific vision of future

Brace yourselves, City of London lawyers – the lord chancellor’s Brexit schmooze sessions will be coming your way soon.

The Ministry of Justice yesterday issued a gushing statement replete with politburo-style uplifting messages about the “bold and bright future” that “awaits the UK’s world-leading legal services as we prepare to leave the EU”.

It seems that Elizabeth Truss, the justice secretary and lord chancellor, who was a Remainer during the referendum campaign, has been instructed by the prime minister to gee up sceptical City lawyers regarding the joys of Brexit.

So Truss was dispatched to a roundtable event at Freshfields Bruckhaus Deringer, one of the Square Mile’s band of “magic circle” law firms (which happens to be part German) in the first leg of a tour of City firms. At the event, said a statement from her ministry, “the lord chancellor issued a clarion call to make sure the legal profession is standing ready to take full advantage of the opportunities presented by Brexit”.

And she wasn’t travelling alone. Truss had managed to rope in Lord Thomas, the lord chief justice, the most senior judge in England and Wales, to reinforce her message. “We are in the process of developing proposals that maintain the preeminence of our legal system,” reassured Lord Thomas. “By working together and making changes I am sure we will maintain our prime position in the world of legal services and dispute resolution.” He then tucked into a slice of mother’s apple pie.

Truss finished last year as the government minister many lawyers were least likely to have on their Christmas card list thanks to her perceived unwillingness to defend the High Court judges from brickbats after the first Brexit Article 50 ruling.

Yesterday she tried to play nicely. “English law is rightly renowned across the globe, making this country a great place to invest, do business, litigate and seek justice,” she told the City bigwigs.

“As we enter this exciting new era, I am pleased to be working with judges and the industry to ensure we tap into all talents and continue to lead the world in the increasingly competitive legal services sector.”

A good news day for University of Law

A much needed spot of good news for the University of Law yesterday as Howard Kennedy, the mid-sized commercial law firm in London, signed up to an exclusive deal with the institution for its trainee solicitors.

The firm has chosen the university as its exclusive legal practice course provider starting from September.

It is not a massive deal for what is still Europe’s biggest law school by student numbers. Howard Kennedy offers a modest ten or so training contracts annually. But it is better than a poke in the eye with a sharp stick, as they say down the High Court.

Because metaphorical pokes in the eye are something the university has become accustomed to recently. Ever since it was sold in 2015 to Global University Systems – which is run by Aaron Etingen, a Russian-Israeli whizz-kid still in his thirties – many of the City elite have ditched their LPC deals with ULaw.

Indeed, only one of the City’s “magic circle” elite firms, Linklaters, is still on its books.

University officials are quick to point out that it has not lost all ground to its arch rival BPP University law school – ULaw still has exclusive LPC deals for trainees at Ashurst and Berwin Leighton Paisner. And it recently launched new paralegal apprenticeship schemes with Freshfields Bruckhaus Deringer, magic circle player, and Hogan Lovells.

 
 
The Churn

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

Thomas bags fourth term at top of Kennedys

Two mid-sized London law firms solidified their top management yesterday with senior and managing partner appointments.

Kennedys, the City insurance law specialist practice, confirmed that Nick Thomas had been elected to a fourth term as its senior partner. He romped home in an uncontested ballot.

Thomas has been man and boy at Kennedys, joining as an articled clerk in 1977 and rising to the senior partner role 20 years later. When he took that position, the firm consisted of 25 partners and two offices in the UK. The firm’s current partnership is 197 strong and it has 10 domestic and 17 international offices.

Elsewhere in the capital, Craig Emden was elected as sole managing partner of Howard Kennedy, the commercial law firm.

Emden has been sharing the managing partner duties with Paul Millett, but the latter is standing down “to focus on fee-earning work”, according to a spokesman at the practice. Emden will take sole responsibility from May 1.

Howard Kennedy coincided that announcement with release of figures for the past year showing it had increased turnover by more than 7 per cent to £51.4 million. Average drawings for senior equity partners at the firm rose by 36 per cent to £509,000 in 2016.

 
 
Closing Statement

Going underground

Defendants do not often come out on top in exchanges with counsel, writes James Morton, but Noel “Razor” Smith, bank robber turned author, did manage one moment of glory when he was defending himself in his former profession.

“You are a member of the underworld, aren’t you?” asked counsel. Smith pretended to be deaf and cupping his ear replied: “No sir, but I’ve an uncle who works for British Rail.”

Seven years, I seem to recall. The sentence, not the length of service.

James Morton is a former criminal law solicitor and now author