Report urges legal change to protect domestic abuse victims, Mother loses high court battle over daughter's gender treatment

FAMILY LAW

Report urges legal change to protect domestic abuse victims

Daily Mail  

The law must change to prioritise the safety and wellbeing of domestic abuse victims over a father's right to contact with his children, according to a report. Conservative MP Kate Kniveton, who has experienced abuse herself, supports the call for legal reform. A family court ruling found that her ex-husband, Andrew Griffiths, had raped her multiple times, and used coercive and controlling behavior. A High Court judge ruled that Griffiths could have no direct contact with their child in the short term. Kniveton is advocating for parents found to be abusive to automatically lose the right to contact their children. The government is reviewing the application of parental involvement in court cases involving domestic abuse. A report from the Right to Equality organisation calls for the removal of the presumption of contact in such cases. The Ministry of Justice spokesperson stated that judges already have the power to block parental involvement if there is a risk to the child. 

Mother loses high court battle over daughter's gender treatment

The Mail on Sunday  

A mother has lost a High Court battle with her ex-husband over whether their 16-year-old daughter should be allowed to receive gender treatment. The woman disagreed with her former partner that their daughter should be prescribed cross-sex hormones by private doctors. Mrs Justice Judd ruled that the 16-year-old's consent to be given gender treatment by regulated doctors in the UK cannot be overridden. However, the girl's father promised not to facilitate treatment at a controversial offshore gender service. The girl is expected to go to a private centre instead. The mother expressed regret that the court did not go further in safeguarding under-18s accessing cross-sex hormones through private providers. 

COMMERCIAL LAW

Newcastle's kit deal with JD Sports faces 'anti-competitive' claims

BBC News   The i   Daily Mail   Daily Mirror   The Independent UK   The Sun  

Newcastle United's exclusive kit deal with JD Sports is facing legal challenges from rival retailer Sports Direct. Sports Direct argues that the deal is "anti-competitive" and will result in higher prices for football fans. The company is seeking a court order to force Newcastle United to supply it with replica kit next season. Last month, the Competition Appeal Tribunal rejected Sports Direct's request, stating that it had no reasonable expectation of continued supply from manufacturer Castore. Sports Direct has now taken the case to the Court of Appeal, seeking an interim injunction. Newcastle United's lawyers argue that the tribunal's decision was justified, as Sports Direct had previously enjoyed exclusive retailing rights alongside Castore.

PROPERTY LAW

Renters reform bill to be debated in House of Lords

Sky News  

The House of Lords is set to debate the Renters Reform Bill today after MPs voted through a watered down version of the government's flagship legislation. It comes amid accusations that landlords are "holding parliament hostage" with the threat of selling up to stop tenants' rights from being strengthened. The National Residential Landlords Association (NRLA) said landlords need "confidence to stay in the market" and warned peers against attempting to strengthen the reform bill to give renters more rights. However, Ben Twomey, Chief Executive of Generation Rent, said "Long term, if landlords sell up it makes little difference to the housing market. Bricks and mortar do not sink into the ground, and the home could be bought by another landlord, a first-time buyer or even repurposed for social housing. There will always be some landlords wanting to sell, for example because they are retiring or because their mortgages have become too costly." Mr Twomey called on ministers to incentivise homes being sold to existing tenants if they can afford to buy, or incentivise selling homes with sitting tenants so they can stay in the property if it changes ownership to a new landlord. 

Court backs council over knotweed payout

BBC News   The Times  

A landmark ruling forcing a local council to pay compensation to a homeowner for damage caused by Japanese knotweed has been overturned by senior judges. Marc Davies won a claim last year against Bridgend County Borough Council after arguing that the value of his terraced house had been reduced by the invasive plant, even though officials had treated it. The Supreme Court ruled that the "diminution in value" of Davies's property had not been caused by the authority's actions. Last year, Davies was awarded £4,900 in damages in a dispute that was said to have cost the local authority about £300,000 in legal costs.

EMPLOYMENT LAW

Labour vows to expand protection from sexual harassment

City AM  

Deputy leader Angela Rayner says a Labour government will expand sexual harassment protections to include interns and volunteers. She told the Chartered Management Institute’s (CMI) women’s conference: “Sexual harassment remains rife in workplaces across Britain. For any employee, but especially interns and volunteers, experiencing sexual harassment can destroy confidence and ruin early careers.” CMI chief executive Ann Francke welcomed Labour’s proposals on workers’ rights, saying measures to “strengthen employee wellbeing” were “always a good idea,” while Ben Willmott, head of public policy for the Chartered Institute of Personnel and Development, said toughening up legal protections “could play a positive role” in “addressing toxic workplace cultures.”

LAW

Lord Chancellor hints at review of Legal Services Act

Law Gazette  

The Lord Chancellor has indicated that a review of the 2007 Legal Services Act may be on the horizon. In response to calls for reform, Alex Chalk MP acknowledged the growing case for a review and has asked officials to consider the appropriate time for a thorough review. The justice committee has already concluded that the act does not provide a stable long-term framework. The Lord Chancellor has commended the committee's evidence-based recommendations. While the Ministry of Justice has considered a review of the Legal Services Board, it has not yet been included in the Public Bodies Review Programme. However, the arguments for a review of the LSB are being kept under consideration. The lord chancellor also addressed concerns about regulation, stating that the government does not comment on matters of legal services regulation. 

Barrister accuses Post Office of deception

The Times   The Guardian  

A barrister who advised the Post Office in the Horizon IT scandal has accused the company of deception. Simon Clarke, who worked for law firm Cartwright King, testified that he now believes the Post Office withheld highly relevant material from him. Clarke also claimed that the Post Office deliberately withheld a key document from him when reviewing the case of a wrongfully convicted post office operator. He stated that he felt misled and deceived by the Post Office's repeated denials of issues with the Horizon system. Clarke's legal advice in 2013 highlighted problems with past prosecutions and led to a halt in prosecutions. The inquiry into the scandal is ongoing.

Litigants abandon court due to over-listing, under-settle claims

Law Gazette  

Litigants are being forced to abandon their day in court due to over-listing, resulting in under-settling claims. Barrister Elizabeth Gallagher testified before the justice committee, stating that courts' block listing is deterring people from pursuing access to justice. Gallagher highlighted the issue of clients settling at under-value due to the overwhelming court process. The lack of available judges and logjams in court proceedings leave clients and lawyers frustrated. The problem of block listing is particularly prevalent in Bedford County Court, where multiple cases are listed for trial with insufficient judicial availability. The state of the county court estate is also a concern, with accessibility issues and crumbling infrastructure. The committee will further investigate these issues with HM Courts & Tribunals Service and government officials.

Mandelson firm worked for campaign critics say would hinder mass lawsuits

The Guardian  

Global Counsel, the advisory firm founded by Labour peer Lord Mandelson, has worked for a campaign that critics say would stifle mass lawsuits such as that taken recently by post office operators against the Post Office. One of Global Counsel’s senior advisers, Seema Kennedy, a former Conservative MP, has twice written to Alex Chalk, the justice secretary, opposing reform to legislation on class action-style lawsuits. Ministers are legislating to safeguard people’s ability to raise external funding to pay for mass lawsuits against big businesses, such as the action being brought against the Post Office over the Horizon IT scandal. Kennedy was writing to Chalk in her capacity as executive director of Fair Civil Justice. She is employed as a senior adviser by Global Counsel, which declared it was lobbying on behalf of the Fair Civil Justice campaign between October and December last year.

Billions spent on clinical negligence claims are 'burden to public purse'

Daily Mail   The Independent  

MPs have warned that the government is spending billions of pounds every year on compensation for clinical negligence - with “no effective plan” to bring these costs down. A report by the Public Accounts Committee (PAC) concluded that these events are a “burden to the public purse.” The watchdog also slammed “unacceptable” delays by the Department of Health and Social Care (DHSC) in publishing its accounts. The report reveals DHSC set aside more than £21bn to cover clinical negligence in 2022/23, paying out more than £2.6bn to claimants. Of the total, £1.1bn was paid in compensation for negligence in maternity and neonatal care, roughly a third of the total NHS spend on maternity services in 2021/22, the PAC said.

FIRMS

Law firm bans trainee barristers from London court over sexual assault claims

Law Gazette   Daily Mail  

Garden Court Chambers has banned its trainee barristers from attending a London court following complaints of "sexual assaults" during security searches. The firm claims that the searches at Stratford Magistrates' Court were "heavy-handed" and invasive, amounting to sexual assault. The firm stated that there have been no instances of lawyers bringing items into court that could endanger or disrupt proceedings. Garden Court Chambers called for a full and independent investigation into the reported incidents. The ban comes after lawyers threatened to boycott the same court following allegations that security guards pinned down a black solicitor and ignored his pleas that he could not breathe. The HM Courts & Tribunals Service stated that it is urgently investigating the complaints and that its security measures are constantly reviewed to protect all court users. 

CASES

Government admits potential breach of human rights

The Sunday Telegraph  

The UK Government has admitted that removing asylum seekers to Rwanda may breach the European Convention on Human Rights (ECHR). This admission comes in response to a legal challenge by the FDA union, representing top civil servants. The Government has previously argued that ignoring rule 39 orders from the European Court of Human Rights would not violate international law. However, the FDA claims that this would breach the Civil Service code. The High Court will determine whether this breach exists. If successful, the Government may be required to hold a parliamentary vote to address the conflict. The case is being heard by Mr Justice Martin Chamberlain. 

AND FINALLY...

Barrister cleared of misconduct charges after falling asleep during inquest

The Guardian  

A barrister who fell asleep during a coroner's inquest has been cleared of professional misconduct charges. Ramya Nagesh, a member of commercial chambers in Gray's Inn Square in London, was accused of harming the public's trust in the profession. However, a disciplinary tribunal accepted Nagesh's medical evidence, stating that her health conditions impaired her ability to fully participate in the inquest. Nagesh, who has worked on the Grenfell inquiry and Hillsborough inquest, had previously wrote a legal academic textbook on how cases involving sleepwalking, blackouts and hypoglycaemia are treated in criminal law. Lawyers representing Nagesh said it was "very troubling" that the Bar Standards Board had relentlessly pursued the case without stopping to carefully assess the evidence.