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| Tuesday June 11 2019 |
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By Jonathan Ames
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Good morning.
Peter Rook, QC, would be well advised to slip into his tin helmet as the brick bats are about to fly. The former Old Bailey judge, who has presided over some of Britain’s most notorious sex cases, has overseen a report calling for viewers of online child sex abuse to be offered “life skills” courses instead of porridge.
The Home Office has its own problems with children as it today faces a court challenge over police use of young spies on county lines drug gangs. Also opening in court today is the third trial over alleged rates rigging.
And a rare government win in the Brexit department as a South Korea trade deal is welcomed by British law firms.
Down to our Churn column for a run-down of lawyers celebrating the Queen’s birthday’s honours; and to our Blue Bag diary for details of an advocacy prize in memory of Tony Blair’s father.
All that and more in this morning’s must-read of all things legal, including news, comment and gossip.
Catherine Baksi, a freelance journalist, contributed to today’s bulletin.
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Today
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JUDGE CALLS FOR 'LIFE SKILLS' COURSES FOR PAEDOPHILES
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Stop using gagging orders on workers, say MPs
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Gove can visit White House under US law despite cocaine use
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Comment: End the uncertainty caused by long police investigations
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| Tweet us @timeslaw with your views. |
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Story of the Day
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Paedophiles may be let off first offence
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Paedophiles found watching child sex abuse images should escape prosecution and be sent on “life skills” courses to ease the pressure on the justice system, a report has recommended (Richard Ford writes). Thousands of first-time offenders would attend courses, similar to drink-driving programmes designed to change behaviour. The plan, outlined in a report by the campaign group Justice, comes as the number of sexual offences has reached a record, driven by a surge in historical cases being reported.
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Read the full story
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Comment
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End the uncertainty caused by long police investigations
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Leaving suspects in the dark for years can destroy lives — our justice system must unite for change, Claire Anderson writes
Waiting for results is stressful, whether it be for medical tests or exams, indeed anything that will have an impact on one’s life and future.
Imagine a serious sexual allegation is made against you — perhaps by a former partner or family member. You are interviewed by police and strenuously deny the allegation. You are told that there will be an investigation. You will be notified “in due course” of the outcome. Weeks, then months roll by. Sometimes years. You remain in limbo. The strain is unbearable, affecting not only you but all those close to you. It is a living hell.
As a defence solicitor who represents people under investigation for rape and other sexual offences, I see this scenario played out week in, week out. Judging by a survey published this week by the London Criminal Courts Solicitors’ Association, my colleagues all over England and Wales see the same injustice.
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Read the full story
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News round-up
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Stop using gagging orders on workers, say MPs
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Victims of harassment and bullying at work are being forced to sign gagging orders and leave while badly behaved star employees can stay, MPs said (Greg Hurst writes). Members of the women and equalities committee said that some businesses are relying disproportionately on highly successful staff, who are allowed to get away with indiscretions. In their report today, they have criticised the routine use of non-disclosure agreements to cover up complaints of discrimination or harassment. Maria Miller, the committee chairwoman, pictured, said using them to settle allegations of sexual harassment was “at best murky and at worst a convenient vehicle for covering up unlawful activity”.
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Read the full story
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Gove can visit White House despite cocaine use
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Michael Gove’s confession that he once indulged in white marching powder may not endear him to Conservatives in the shires but it will not ban him visiting the White House. There has been speculation that the environment secretary and Tory leadership contender would fall foul of strict American visa policies after he admitted to cocaine use when he was a journalist. Specialist lawyers confirmed yesterday that if Mr Gove were to become prime minister, he would not be prevented from travelling to America.
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Read the full story
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Child spies ‘put in danger by Home Office’
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Police are putting children at risk by using them as spies when investigating drug gangs and other dangerous criminals, the High Court will be told today. The Home Office faces a legal challenge from Just for Kids Law, the charity, over the use of children as “covert human intelligence sources” by the police and other agencies. In a hearing at the High Court the charity will argue that the use of children as spies “puts them at risk of severe physical and emotional harm”. Lawyers for the charity will tell the court that the policy lacks safeguards and contravenes domestic and international human rights laws.
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Read the full story
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Third trial over alleged rates rigging begins
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The trial of the seventh trader charged with conspiring to rig an exchange mechanism underpinning $180 trillion of financial products opened yesterday.
Andreas Hauschild, 54, the former managing director at Deutsche Bank, is charged with conspiracy to defraud in relation to manipulation of the Euro Interbank Offered Rate (Euribor), which he denies. The trial at Southwark crown court is a result of an investigation started by the Serious Fraud Office (SFO) in 2012 as part of its broader investigation of the manipulation of interbank offered rates.
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Read the full story
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South Korea trade deal secures British law firms after Brexit
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British law firms in South Korea will be able to maintain their practices in Seoul after Brexit under a free-trade agreement signed yesterday. Liam Fox, the international trade secretary, signed the deal with his South Korean counterpart Yoo Myung-hee in Seoul, in an attempt to maintain existing trade arrangements after Brexit, whether the UK leaves the EU on October 31 with or without a deal.
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Read the full story
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In Brief
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- Tory leadership: Hunt rules out change to abortion law – BBC News
- Clifford Chance boosts junior lawyer wages to £100k amid pay war – Legal Week
- Lawyers ‘confused by boundaries in wake of #MeToo’ – Legal Futures
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Comment
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Love Island stars deserve workplace protection
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The recent death of a reality TV contestant shows that stronger laws are needed to ensure duty of care, writes Mathilde Pavis
The English law doctrine of duty of care is poorly equipped to remedy claims of psychological injury because it was developed to bring relief to cases of physical injury. For this reason courts have struggled to adapt the doctrine to acts of negligence which have damaged individuals’ mental health.
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Read the full story
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Tweet of the day
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| My 6 year old has forged my signature in her reading diary. She’s either a genius or will end up in prison 😂 |
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@kirevie
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Comment
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Equality in the workplace starts with shared parental leave
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Gender pay gap will be harder to close if parents feel unable to share caregiving responsibilities, Sarah Chilton writes
More shared parental leave could lead to a more equal sharing of the adverse impact that maternity leave can have on pay and progression
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Read the full story
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Blue Bag
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Advocacy prize in memory of Tony Blair’s father
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Durham University’s law school has awarded a new prize for student advocacy named in honour of one of its former criminal law lecturers, Leo Blair.
It seems Blair kindled a passion for advocacy, not only among his pupils but in his children too. He is the father of the barrister and former Labour Party prime minister Tony Blair as well as the barrister Sarah Blair and high court judge Sir William Blair.
The inaugural prize of £500, funded by the alumni, was scooped by Mia Purdy, a graduating law student who set up Durham’s Bar Society and has enjoyed success in mooting. She won a merit-based scholarship to begin her Bar training course at BPP and also received Lincoln Inn’s prestigious Lord Denning Scholarship.
The award was presented by the former prime minister at an event hosted in London by the American law firm Ropes & Gray. Congratulating Purdy, Mr Blair told assembled students: “I can’t tell you how proud my father would be to have this award named after him. Durham played a huge part in our lives.”
The law school’s dean, Thom Brooks, said: “I am delighted to launch this prize honouring the memory of one of our most popular former colleagues who has inspired so many to pursue successful careers in law.
“This prize helps raise the profile of advocacy, one of the most important skills young lawyers can master.”
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The Churn
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Investigatory tribunals head leads birthday honours’ list
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Sir Michael Burton, QC, the High Court judge and president of the Investigatory Powers Tribunal, led the legal honours list marking the Queen’s 93rd official birthday. He was knighted in recognition of his services to the rule of law.
Among other lawyers in the 1,073 individuals honoured, CBEs went to Hector MacQueen, a professor of private law at the University of Edinburgh, the west Midlands chief crown prosecutor, Grace Chidozie Ononiwu, and David Strang, formerly HM chief inspector of Prisons for Scotland.
Those receiving OBEs included Joanna Greenidge, deputy director of the government legal department, Nicola Pittam, a senior lawyer at the Treasury, and Karl Young, a senior lawyer at HM Revenue and Customs.
Georgina Edwards the founder and director of Norfolk Community Law Service, received an MBE for services to the community.
Elizabeth (Libby) Jackson, pictured, partner and global head of practice for alternative legal services at Herbert Smith Freehills, got an MBE for services to the Northern Ireland economy and innovation in law. Joshua Siaw, a partner in White & Case’s global banking practice and director of the firm's Africa practice, received the same award for services to the law, to UK legal services and to young people.
Several staff at the National Crime Agency and in other government law enforcement bodies were also recognised, in a list that included the Oscar-winning actress Olivia Colman and the singers Elvis Costello and Feargal Sharkey.
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Second senior partner steps down early at Clyde & Co
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Clyde & Co has announced that its senior partner, Simon Konsta, will step down in October — two years early — to focus on fee-earning.
Mr Konsta, who heads the City firm’s insurance department, took up the post in October 2016 after the surprise decision of James Burns to step down from the role.
Three years into the five-year role, Mr Konsta will pass the baton on to the London-based arbitration partner Peter Hirst, who has been at the firm since 2001 and is co-chairman of its global arbitration practice.
Mr Konsta served as senior partner at an insurance market rival Barlow Lyde & Gilbert for three years before its merger with Clydes in 2012. As well as sitting on the firm’s global board, he maintains a practice focussing on commercial dispute resolution and professional liability. The change in leadership coincides with the firm’s announcement of its 21st consecutive year of revenue growth, with pre-audit figures showing that firm-wide fee income of £611 million for the past financial year, 11 per cent up on the previous year.
Mr Konsta said that having served in senior management roles for a decade, his decision to hand over the role was taken in consultation with the management board. He said: “There are many ways to contribute and make a difference to the prosperity and health of a firm of our size and this will allow me more time to support our market-leading global insurance practices, to focus on our global professional liability practices and to further build my fee-earning practice.
“With the firm having achieved another year of double digit growth, it is my view that now is an appropriate time to hand over to a successor."
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Closing Statement
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I’m a good lawyer, I am …
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I once attended a law conference in America, where, as is customary at the end of these affairs, cards were exchanged along with insincere phrases such as, “You must look me up if you are ever in London/Pelican Rapids” (James Morton writes).
I never made it to Pelican Rapids but early one morning the next year there, unannounced in my office, was the American lawyer along with his wife and two children. Fortunately, I was not scheduled to be on my feet before a bench that morning and so I trotted them round the law courts and the Temple pointing out Rumpole’s chambers, which impressed them no end. At the end of the tour I asked if there was anything else I could show them.
“Oh yes, can you show us exactly where Eliza Doolittle met Professor Higgins?”
And indeed I could. At the time Marilyn, the daughter of one of the Great Train Robbers, Tommy Wisbey, used to dress up in Victorian costume at the flower stall she kept on the piazza steps in Covent Garden. Photographic records of the re-enactment by the lawyer and Ms Wisbey made his day.
James Morton is a former criminal law solicitor and now author
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