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The Times

Wednesday, September 7 2016

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

Today

  • Call for revenge porn anonymity
  • US legal innovator could quit London in Brexit fallout
  • Nepalese officer acquitted in landmark torture case
  • Big-ticket merger deals nosedive
  • Couples ‘paying the price’ of DIY divorces
  • Barristers warned to gen up before appealing
  • Comment: Lawyers help with ending poverty
  • The Churn: King & Wood Mallesons in double leadership campaign
  • Blue Bag diary: Deloitte in data disaster

Tweet us @TimesLaw with your views.

 
Story of the Day

Call for revenge porn anonymity

Victims of revenge porn should be given the same anonymity as that afforded to sex offence victims, a new justice minister said yesterday.

Phillip Lee, Conservative MP for Bracknell, told the Commons that he would consider the move to help to combat the “terrible abuse of trust which can leave victims feeling humiliated and degraded”.

Lee was responding to his Tory colleague Maria Miller (pictured), who chairs the women and equalities committee. She said that there had been 200 prosecutions since revenge porn, where explicit pictures are posted online without someone’s consent, typically by a former partner, was criminalised in February last year.

Miller, a former cabinet minister, added that more than 1,000 reports had been made to police over the same time. “As with other sex-related crimes, perhaps anonymity for victims needs to be carefully considered in the cases of revenge pornography.”

Lee, the minister for victims, youth and family justice, responded: “Revenge porn is a terrible abuse of trust which can leave victims feeling humiliated and degraded. By making it a specific offence carrying a maximum sentence of two years behind bars, we have sent a clear message this crime will not be tolerated.

“With regards to anonymity, I’m interested in what she’s saying and if she’d like to write to me on that issue I will consider it.”

A report by the Crown Prosecution Service yesterday found that 206 prosecutions had been brought for revenge porn since the offence was introduced in April last year as part of a record rise in the prosecution of sex crimes.

 
 
News Round Up
US legal innovator threatens to quit London in Brexit fallout

A US-based online legal services business may have “no choice but to relocate” from London’s booming “silicon roundabout” headquarters and head to a competing EU centre as a result of Brexit, the start-ups founder has told The Brief.

Charley Moore, the chief executive of Rocket Lawyer, which launched in the UK nearly four years ago, issued the warning as the business announced that it was expanding into Europe with the opening today of a Paris office.

“The Brexit vote came as a shock and has created uncertainty for us as we now expand into continental Europe,” Moore said.

“We hope that Brexit may be a temporary political moment that can be changed, rather than a permanent impediment to the continued attractiveness of the UK as a gateway to the European market. Otherwise we may find ourselves with no choice but to relocate our European operations to a true EU country."

His comments came against the backdrop of the unveiling of a joint venture between Rocket Lawyer and Editions Lefebvre Sarrut, a 170-year-old European legal sector publishing company.

Rocket Lawyer primarily pitches its services to smaller businesses that are arguably dissuaded from using traditional law firms because of cost. Its UK launch was marred by a legal action triggered by its competitor LegalZoom, which launched in the UK a year later.

Nepalese officer acquitted in landmark torture case

A Nepalese army officer has been acquitted of torture in a landmark case costing millions of pounds that was brought in the UK despite the alleged crime taking place in Nepal.

Colonel Kumar Lama was acquitted at the Old Bailey yesterday in only the second prosecution for state torture offences brought in the UK. The case led to a diplomatic rift between London and Kathmandu.

Prosecutors told a judge at the Old Bailey that there was no longer a realistic prospect of conviction and that they would offer no further evidence in a trial that had lasted 18 months. Lama had already been acquitted of an early charge.

The case was brought in the UK under provisions of the Criminal Justice Act 1988 and the legal principle of universal jurisdiction, which allows the prosecution of individuals for torture and war crimes regardless of where the alleged offence took place.

The cases are rare: Lama’s was the only one of its kind in the UK after that of Faryadi Zardad, an Afghan warlord who was convicted of torture in 2005.

Lawyers said that Lama’s case was likely to set a precedent because the alleged offences were said to have been committed by a serving officer of the armed forces of a country with which the UK has friendly relations and in the course of his official duties.

Lama’s solicitor, Jonathan Grimes, a partner at Kingsley Napley, a London law firm, said: “There have been unacceptable delays in bringing this case to a conclusion, none of which have been any fault of his. He has borne these delays with great patience and good spirit and has always trusted that justice would prevail.”

Grimes said that the case had “run into a number of difficulties, in particular, the complexities arising from the fact that most evidence was in Nepal and in Nepalese and that the witnesses were located in Nepal.

“I hope that the CPS will reflect carefully on its selection and management of this case and will learn lessons for the future.”

Big-ticket merger deals nosedive

Nerves in City of London law firms’ deal departments will be twitching after figures released yesterday showed a sharp decline in merger and acquisitions involving UK companies.

The number of domestic or cross-border deals plummeted by more than half in the last quarter compared with the previous three-month period, according to figures from the Office for National Statistics.

There were 87 deals in those categories in the second quarter of this year involving UK companies, with a total value of £14 billion. That compared with 190 transactions with a total value of £69 billion in the previous quarter.

Exclusively domestic deal-making suffered especially; during the second quarter there were 47 deals with a total value of slightly less than £6 billion. That was down by half on the previous quarter, during which deals were worth nearly £12 billion.

M&A departments across the Square Mile were beset by trepidation in the run-up to the UK referendum on EU membership; these figures will do little to calm post-Brexit jangles among those lawyers.

Couples ‘paying the price’ of DIY divorces done in hard times

Couples who conducted their own divorces to save money during the previous recession are now paying the price of failing to agree financial terms, legal experts say.

“During the depths of recession, the lure of a no-frills divorce, completed online for less than £50, prompted a surge in couples going DIY,” Victoria Walker, a partner at Simpson Millar, a national law firm, said.

“But with no legal expertise to hand, thousands of couples made the fatal error of assuming that all ties were cut once the divorce was finalised. That’s sadly not the case and the ghosts of marriage past are now coming back to haunt them in rather costly and unpleasant dramas.”

Family law specialists claim to have seen an increase of cases in which a couple with modest assets divorced without making any financial agreements or signing a consent order. Since then, one party has significantly increased their wealth only then suddenly to receive a financial claim from their former spouse for what is legally their share.

“Former couples who haven’t signed an agreement regarding their finances during the divorce risk having to share any wealth and fortunes accrued since then,” explained Walker. Between 2008 and 2012, 590,944 couples in the UK divorced, with the courts indicating a sharp rise in the number of people representing themselves.

The realisation that previous joint finances need to be addressed is often prompted by retirement or grown-up children leaving home. With property prices increasing dramatically and a growing number of people reaching retirement age, lawyers predict that the trend will continue.

Crime barristers warned to gen up before going to Court of Appeal

Law chiefs have given barristers appearing in criminal appeals a sharp reminder that they must properly brief themselves on the facts of the case before heading in to court.

The Bar Council’s ethics committee has told barristers who were not original trial counsel but are representing convicted defendants in the criminal division of the Court of Appeal to “check the factual basis for the appeal”. Not doing so, says the committee, risks “criticism and action by the court”.

In an official practice note that bears all the hallmarks of stating the obvious, the ethics committee told barristers to “make inquiries of the legal representative(s) who appeared and acted at the trial in order to ensure that the factual basis for each ground of appeal is correct”. In addition, barristers appearing in appeals should “seek other objective independent evidence to substantiate those facts”.

Andrew Walker, QC, of Maitland Chambers in Lincoln’s Inn and chairman of the ethics committee, explained that in several recent appeal decisions the court “has clarified and emphasised the importance of some particular duties to the court when fresh counsel are instructed to represent a convicted defendant in a criminal appeal.

“When the Court of Appeal highlights an issue such as this, you don’t ignore it.”

Walker went on to warn: “Barristers must not get caught out. The Court of Appeal is clearly concerned that in some cases appeals are being advanced on grounds which turn out to be factually wrong, and has indicated that it will take a strict line with those who do not comply with their duties in this respect. In extreme cases, this could even include referral to the regulator, the Bar Standards Board.”

The board declined to comment on the updated guidance.

In Brief

Ex-solicitor Choudary jailed for 5½ years over Isis support – The Times

‘Lord Harley’ loses bid for rehearing – Law Gazette

Tchenguiz brothers’ legal bill hits £5.1m in court battle against Grant Thornton – Legal Business

More cash needed to finish Troubles inquests, says law chief – Belfast News Letter

K&L Gates boss Kalis to step down after 20 years – The Lawyer

 
Byline
Comment

Getting to grips with ending poverty Yasmin Batiwala

Overseas aid and alleviating global poverty are issues that always seem to have less of the limelight than they merit.

That problem was recently addressed when the House of Commons international development committee published a report on the UK‘s implementation of sustainable development goals. The committee fully supported the goals, which were adopted by the UN last September with 193 countries signing up.

Words of support come easily; huge sums of money far less so. The report stresses the need for “financial investment of trillions of dollars from a variety of sources”.

Via the Department for International Development, the UK already provides 0.7 per cent of its gross national income – making our country one of only six to meet the UN’s aid spending target.

The report highlights the need for encouraging private sector investment and maximising capital markets, with a focus on the London Stock Exchange and City of London. It also endorses a government-devised business case for private sector engagement and promotes the government taking a leading role in communicating the goals to the private sector.

These and other recommendations are welcome as a step in the right direction. In reading the report, one can only conclude that although significant goodwill exists not much is actually being done. And what contribution can the UK’s legal profession make to the implementation of the goals?

Pro bono legal support and training to those working in the development sector in poverty stricken regions is a clear avenue for UK lawyers. Local lawyers are often highly motivated but they lack the in-depth knowledge of international law required to make effective petitions to either their national governments or international bodies. The UK’s reputation as a hub for international disputes is well deserved, making our firms uniquely placed to assist these lawyers.

UK human rights lawyers can also contribute by leading in the fight against discriminatory laws. Attempts by large international firms to exploit local resources, potentially at the expense of the environment, can be more effectively fought with the help of lawyers knowledgeable in the law of the firm’s home country. And assisting local entrepreneurs in contract negotiations will promote job creation and boost local economies.

But the goal relating to peace, justice and strong institutions is where UK lawyers could make the largest difference. UK legal expertise in arbitration across multiple jurisdictions can assist in establishing peace between groups, while the focus on the rule of law is self-evident.

Similarly, experience in corruption investigations can be transferred, allowing for a more even application of justice while strengthening various state institutions.
It is clear that the UK, particularly the legal sector, has a lot to offer in achieving these goals. A strong, concerted strategy for implementation will assist in turning the goodwill that is already evident into results that benefit everyone.

Yasmin Batliwala is the chief executive of Advocates for International Development, a global charity based in London

 
 
Tweet of the Day

Totally agree that Youth Courts require specialist quality advocacy;but regulators need to realise that specialists don't do trials for £75

Bernard Richmond @phatsilk_qc

 
 
Blue Bag

Deloitte in data disaster

It could happen to anyone. You’re bashing out a group email on an important business matter and oops, you’ve only gone and hit the cc button instead of the blind copy button.

Embarrassing because everyone on the list gets to see all the others included. And, more importantly, everyone gets everyone else’s email addresses.

It could happen to anyone, but it shouldn’t happen to high-powered management consultants trying to impress City of London lawyers with their insight into data protection issues. But that is exactly what did happen to a couple of hapless “risk advisory partners” at Deloitte, one of the “big four” accountancy and business management firms.

We’ll spare blushes by protecting the data that those two partners will be most concerned about: their names. But there were hoots of derision around the Square Mile yesterday after Deloitte circulated its “Introduction to the new EU General Data Protection Regulation” with the ubiquitous catchphrase “challenges and opportunities”.

Instead of sending the email bursting with insightful expertise to individual recipients and blind-copying the rest, the Deloitte experts shared a list of business and private emails running into the hundreds with all recipients. Does that count as a challenge or an opportunity?

Walking the walk

Natalia Rymaszewska spends much of her time badgering sedate lawyers to get off their expanding bums and walk about a bit.

She is not a personal trainer or a fitness fanatic, but chief executive of the London Legal Support Trust, a charity that supports law centres and legal advice agencies in London and the southeast.

Its marquee fundraising event is the annual London Legal Walk, in which lawyers, judges and law firm and chambers support staff squeeze expanding midriffs into brightly coloured T-shirts and stroll around a 10km course covering central London.

But now Rymaszewska is putting her feet where her mouth is. “It is my turn to do more than talk the talk,” she says announcing that at the end of next month she is going to do the Walk the Thames event.

And it’s a bit longer than 10km. The WtT is the marathon of charity walks – literally. It runs for 26.2 miles from London Bridge to Hampton Court.

“It is a real challenge, as well as a beautiful route and a chance to see London from a different viewpoint,” says Rymaszewska . “But most importantly the money we raise on that day will help to provide advice services to people in real need. Free legal advice isn’t always seen as the most exciting cause, but I never fail to be inspired by the difference it can make.”

If you are motivated to donate, click here. It’s easier than doing the walk.

 
 
The Churn

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

King & Wood Mallesons heads into double leadership campaign

King & Wood Mallesons, the Sino-Australian-Anglo law firm that has experienced a string of high-profile partnership defections over recent months, is bracing itself for a double management election.

The firm’s senior partner for Europe and the Middle East, Stephen Kon, announced on Monday that he was standing down, according to the website Legal Week.

That move followed the announcement at the beginning of the year that William Boss, the firm’s managing partner for Europe, had stood down. An election to replace Boss was meant to be take place in May but the firm pushed the vote into the autumn. It is now understood that elections for both positions will take place immediately.

Elsewhere on the roundabout …

Dentons, arguably the biggest law firm in the world by headcount, has struck a joint venture deal with an Iranian practice, it was announced yesterday. Navid Rahbar-Sato, a US-qualified partner, will lead the association, which involves Dentons working with Arman Pirouzan Parvine Legal Institute, a firm based in the capital, Tehran.

Tomasz Dąbrowski, Dentons’ chief executive for Europe, said that after “the change in international sanctions involving Iran, many of our clients are either already present in Iran or exploring commercial opportunities there”.

Back in London, Hamid Yunis has moved from Taylor Wessing to McDermott Will & Emery, a US-based firm. He joins as a partner and will lead the firm’s UK healthcare practice.

 
 
Closing Statement

Short and sweet

Lawyers would probably not appear top of a list of the world's most concise people, writes Gary Slapper.

On the subject of legal phrasing, the eminent 20th-century jurist Lord Denning said in 1959 that lawyers often spent too long when drafting documents trying to ensure they covered all contingencies. “They dwell upon words until they become mere precisians in the use of them,” said the famous judge. “They would rather be accurate than be clear. They would sooner be long than short."

But thankfully that sort of verbosity does not apply to all lawyers. Joshua Casswell, after he graduated from Oxford in 1909 and before he became famous as a barrister, worked in a London solicitor's office.

In one case he was asked to write to the distinguished counsel William Danckwerts, KC, (1853 -1914) seeking an opinion on a matter of formidably intricate local government law. Casswell's letter ended with three questions about the most awesomely convoluted threads of relevant law.

Casswell then waited anxiously to receive the written opinion. He later said he was somewhat disconcerted when Danckwerts returned the weighty bundle of papers accompanied by the succinct advice: "(1) No; (2) No; (3) D."

Gary Slapper is global professor at New York University, and director of its London campus; twitter @garyslapper