|
Frances Gibb and Jonathan Ames bring this morning’s must-read of all things legal, including news, comment and gossip. New Brief Premium - Why a hard Brexit is not backed by the country, says Keir Starmer, QC, MP
- Bar leaders are wrong – backing court modernisation will not erode judicial independence, says Lord Justice Fulford
Later this morning: Appeal court hears first joint enterprise cases The lord chief justice and two other senior judges will hear the first raft of cases referred to the Court of Appeal since a landmark Supreme Court ruling on joint enterprise. Lord Thomas will sit with Sir Brian Leveson, president of the Queen’s Bench Division, and Lady Justice Hallett, the vice-president of the criminal appeal courts, to hear 10 cases at the Royal Courts of Justice in London at 10.25 this morning. They are the first hearings since the UK’s highest court ruled in February that the law on joint enterprise had taken a “wrong turn” and been misinterpreted for the last 30 years. In The Brief today - Ian Brady presses for own lawyer in mental health hearing
- ‘Beelzebub’ van Hoogstraten returns to London for civil claim
- Solicitor touting hits epidemic level, warns watchdog
- Barrister disbarred for barrage of racist tweets
- Ruling could cost Uber millions, predict lawyers
- BBC fights off libel claim from London imam
- Comment: We need regulation that works for the public and the press
- Blue Bag diary: Twitter’s demise and the end of humanity
Tweet us @TimesLaw with your views.
|
|
|
|
|
|
|
|
|
Ian Brady presses for own lawyer in mental health hearing
|
The Moors murderer Ian Brady is seeking legal aid so he can have his own lawyer for a crucial hearing to argue that he is no longer psychotic and can be moved from a psychiatric hospital to prison. The lord chancellor has been asked to approve the special funding because of the “unique” nature of the case over the future of the UK’s longest-detained prisoner. Brady, 78, reports The Times has consistently argued for a return to prison so that he cannot be force-fed against his will as has occurred at the hospital, and if he wished could let himself die. His last review before a mental health tribunal in 2013 refused his request. Brady insists that he will not engage with a fresh hearing unless he can have the lawyer of his choice – Robin Makin, his solicitor of more than 20 years, from E Rex Makin & Co in Liverpool. A mental health tribunal is scheduled to hold a hearing in December to review whether Brady should remain at Ashworth high-security psychiatric hospital, which costs about £300,000 a year compared with £50,000 for a prison place. The tribunal has indicated that it has an open mind and that the case “could go either way”, raising Brady’s hopes that he will be transferred to prison after 30 years at Ashworth. After a recent preliminary hearing the tribunal reported that staff at the hospital “were aware that Makin was likely to be the only lawyer that the patient was prepared to see. They felt that it was in the interests of the patient, and of justice, that the patient should be given at least an opportunity to consider participating in the proceedings and of being legally represented.” Brady was convicted with Myra Hindley of the murders between July 1963 and October 1965 of five children aged between ten and 17. At least four of them were sexually assaulted.
|
|
|
|
|
|
|
|
|
•
‘Beelzebub’ van Hoogstraten to return to London court for civil claim
A notorious property tycoon who disappeared from UK public life for a decade after being found responsible for the murder of a business rival is to re-surface in a London court. Nicholas van Hoogstraten – described variously as Britain's nastiest landlord, an “emissary of Beelzebub” and Mugabe’s British henchman – will return to court next week to answer a claim for several million pounds. The Times reports that the hearing is part of the settling of an old score by the family of his one-time business rival, Mohammed Raja, whose murder a High Court judge found van Hoogstraten had organised, despite being cleared in the criminal courts. The finding was central to a £6 million civil action brought against the property tycoon by Raja’s widow, Starbibi Raja, who will seek to enforce an order in her favour next week in the High Court. The law firm acting for Mrs Raja, Sabeers Stone Green, in London, said: "The family feel that this is about obtaining justice – that is why they are pursuing the judgment that was found in their favour." Lawyers for Mrs Raja said that the claim had taken a long time to pursue for many reasons, but one was that van Hoogstraten had been out of the country – he now lives in Zimbabwe. However, the tycoon had responded through solicitors to the move to enforce the judgment and appeared in person at a preliminary hearing earlier this year. Mr Raja, 62, was suing van Hoogstraten over a business deal at the time of his death. He was stabbed and shot after answering the doorbell at his home in south London, on July 2, 1999. His killers, Robert Knapp and David Croke – who were found by the High Court to be the tycoon's henchmen – were given life sentences for murder. Mr van Hoogstraten was sentenced to ten years at the Old Bailey in 2002 for manslaughter, but his conviction was quashed by the Court of Appeal and he was released from jail. The family brought a civil claim in 2005 but soon after van Hoogstraten returned to Zimbabwe, a country with which he has always had close links.
|
•
Solicitor touting hits epidemic level, warns watchdog
Regulators have launched a crackdown on law firms touting for business outside police stations, courts and on residential estates, the professional watchdog announced on Friday. The Solicitors Regulation Authority pointed to a rising tide of touting, which is banned by professional conduct rules. According to the authority, touts working for solicitors’ firms are increasingly “loitering” near magistrates’ courts, where alleged offenders are brought for first appearances after arrest. They are also accused of waiting outside police stations in an attempt to poach clients of other lawyers by offering financial inducements. Regulators also accuse law firms of paying “finders” to trawl around local residential estates to pitch the lawyers’ services. "Firms working in this way not only undermine the rule of law,” said Crispin Passmore, a director at the SRA, “they also impede the public's access to high-quality legal advice. This is especially concerning because those involved in criminal cases could be very vulnerable." Solicitors and their agents are banned by the profession’s code of conduct from randomly approaching potential clients; cold calling is strictly banned. According to the regulator, marketing strategies “should be non-intrusive”. Passmore said that the Law Society, which represents some 130,000 practising solicitors in England and Wales, was working with the authority to stamp out unethical practices. "We would encourage solicitors and firms to report any concerns about touting quickly and clearly,” he said.”Often a small piece of information can complete a wider picture for us and we can then better target our efforts to tackle this problem."
|
•
Barrister disbarred for barrage of racist tweets
A barrister has been thrown out of the profession for firing off a barrage of “seriously offensive” racist tweets in which he attacked Jews, Muslims and “chavs”. A disciplinary tribunal found that Ian Robert Millard posted a series of seven vitriolic and racially abusive tweets in November 2014. In all the tweets Millard referred to himself as a barrister before denigrating various groups, as well as attacking two former government ministers. In one tweet, the lawyer referred to Michael Gove, the former education secretary and lord chancellor, as a “pro-Jew expenses cheat”. Millard also lashed out at Grant Shapps, the former minister for international development and ex-chairman of the Conservative Party. The barrister tweeted: “A million British people forced to use foodbanks and all the Jew Shapps can say is to parrot a list of hackneyed propaganda phrases.” In another posting, Millard praised Dominic Grieve, QC, the former attorney-general, while at the same time tweeting racial abuse. He said Grieve reminded him “of the days when many/most Conservative MPs were English gentlemen, not Jews or yobs”. Millard, who was called to the Bar at Lincoln’s Inn in 1991, stopped practising as a barrister in 2007, although he remained a member of the profession. The five-strong disciplinary tribunal sitting on Thursday found that the barrister’s behaviour on social media was “seriously offensive and was likely to diminish the trust and confidence which the public places in Mr Millard or in the profession”. In disbarring Millard, the tribunal found that his social media behaviour had breached core duty 5 of the Bar Standards Board handbook, which stipulates that barristers “must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession”. The Bar regulator confirmed that before leaving practice at the Bar Millard had been with BarristerWeb, an online set of chambers. He also briefly practised at Magdalen Chambers in Exeter.
|
•
Ruling could cost Uber millions, predict lawyer
Rulings in London employment tribunals rarely rock the global economy, but the Uber case decision on Friday will have “sent shivers down the spines of technology businesses” everywhere, lawyers forecast. The California company that operates the taxi service app has already announced it will appeal against the judgment – and not without reason, say employment law specialists. “This outcome is bad news for Uber and is likely to have significant implications for other operators in the fast-growing gig economy,” said Alex Bearman, a partner at Russell-Cooke. If the ruling stood, he said, Uber faced having to fund costly benefits for its drivers such as holiday pay, sick pay and pension contributions. Sean Nesbitt, a partner at London and international law firm Taylor Wessing, predicted that the ruling could cost Uber nearly £14 million annually in statutory holiday pay – about ten times the company’s post-tax profit. Costs for pensions and sick pay would be additional. Nesbitt also predicted the wider effects of the ruling would be significant, with some 100,000 UK workers in related industries in similarly positions as Uber drivers. There were also suggestions that Uber’s post-ruling headaches would not be restricted to holiday and sick pay and pensions contributions – but that the taxman could soon put an oar in. “HMRC will now expect PAYE deductions to be made from payments to the drivers,” said Benedict Gorner, a partner at Gateley. Easily the most pleased set of lawyers on Friday evening was at Leigh Day, the London firm that acted for the two named drivers in the test cases. “This judgment acknowledges the central contribution that Uber’s drivers have made to Uber’s success by confirming that its drivers are not self-employed but that they work for Uber as part of the company’s business,” Nigel Mackay, a lawyer with the firm, said. “Uber drivers often work very long hours just to earn enough to cover their basic living costs. It is the work carried out by these drivers that has allowed Uber to become the multibillion-dollar global corporation it is.” On the losing side, reported The Lawyer magazine, acting for Uber was transatlantic law firm DLA Piper. - Uber tells its drivers: ruling doesn't apply to you -- The Times
|
•
BBC fights off libel claim from London imam
A High Court judge has ruled that the BBC was justified in describing a south London imam as an extremist hate-preacher as he dismissed a defamation claim against the broadcaster. Shakeel Begg, the chief Imam at the Lewisham Islamic Centre, who has worked closely with the local police, had claimed that he had been defamed by Sunday Politics, the BBC programme. However, Mr Justice Haddon-Cave ruled on Friday that Begg was an extremist speaker who espoused extremist Islamic positions. The judge also found that Begg had recently promoted religious violence by telling Muslims that violent acts in support of Islam would constitute an individual’s “greatest deed”. The BBC would have been liable for substantial damages and significant costs if the ruling had gone in Begg’s favour. Leading the defence team for the corporation was Andrew Caldecott, QC, of One Brick Court Chambers in the Temple; he was instructed by the BBC’s in-house legal team. Appearing for Begg was William Bennett, a senior-junior defamation specialist barrister at 5RB chambers in Gray’s Inn; he was instructed by Rahman Lowe, a predominantly employment law specialist firm in London’s Canary Wharf.
|
•
In Brief
Solicitor regulator hit with costs order for bringing “improper” prosecution – Legal Futures Fast-track would boost diversity on bench, says top solicitor judge – Law Gazette FBI director’s ‘partisan actions’ may violate federal law, claims top US senator – Wall Street Journal
|
|
|
|
|
|
|
|
£1m pay packets? What about the perks…?
|
One would think that eye-watering remuneration would be enough for most City of London lawyers – after all, last week it was reported that 11 of the UK’s top 200 law firms are populated by partners with average annual drawings of £1million each. But it seems that firms have to keep their lawyers sweet with a range of perks on top of wheelbarrows of cash. An investigation by the website Legal Cheek has revealed that Square Mile solicitors are showered with all sorts of goodies to keep them quiet when clocking up 14-hour days to earn the big bucks. Nosh seems to be important, according to the site. Freshfields Bruckhaus Deringer has come over all exotic, offering twice-weekly sushi evenings, while its “magic circle” rival Clifford Chance is far more traditional, wheeling out steak “at your desk if you’re working late”, according to an insider at the Canary Wharf practice. Clifford Chance remains the only top London firm with an in-house swimming pool, so its lawyers can hoover up as much rare meat as they like without risking conforming to the fat cat stereotype so loved by tabloid newspapers.
|
Twitter’s demise and the end of humanity
|
The Times reported that Twitter’s decision to kill Vine, the video-sharing app, could be the first step on the slippery slope to cyberdeath for the social media site. That triggered concern at The Brief that the legal profession’s army of Twitter junkies might be in some distress. For example, how was the lawyer doyen of Twitter, David Allen Green, a consultant at Preiskel & Co in London, dealing with Twitter’s imminent demise? No comment. What of Matthew Scott, aka Barrister Blogger from Pump Court Chambers in the Temple? He’s “never posted a Vine,” he told The Brief – and what’s more, he doesn’t reckon Twitter is on the way out. Richard Moorhead, the chair of law and professional ethics at University College London, exhibited typical social media paranoia by expressing concern that The Brief’s inquiry suggested that we were going to be “mean” about him. We weren’t. The best response came from The Secret Barrister, who was firm: “I think the death of Vine foreshadows the death of Twitter and, ultimately, all of humanity.” Now that’s the spirit.
|
|
|
|
Buried in the detail
|
Much of the craft of law involves the art of questions, writes Gary Slapper. Lawyers who are adept at asking clients acute questions will get to the legal core of a case quickly, and prowess in the artistry of questioning will enable advocates to establish for the court the value of their own witnesses’ evidence and to discredit a witness for the other side. Of course, a misjudged question can backfire badly. Counsel: Your father-in-law died in 2013? Witness: Yes. Counsel: In what month? Witness: It was May. Counsel: You’re sure it wasn’t June? Witness: I hope not, we buried him in May. Gary Slapper is global professor at New York University, and director of its London campus. His latest book,Further Weird Cases, is published by Wildy, Simmonds & Hill; twitter @garyslapper
|
|
|
|