World's first Sikh court launches in UK, Judges return to robes in family court safety scheme
FAMILY LAW
World's first Sikh court launches in UK
The world’s first Sikh court has been launched in the UK amid claims that secular judges lack expertise to deal with the religion's sensitivities. Launched last weekend at a ceremony at the Old Hall at Lincoln's Inn in London, the court will operate as an alternative dispute resolution forum for British Sikhs caught in family and civil disputes. Although likely to reignite debate over religious courts, including sharia and Beth Din dispute resolution systems, which operate in the UK for Muslims and Jews, Baldip Singh, one of the court's founders, stressed that it was not a religious tribunal. Unlike Islam and Judaism, Sikhism does not have its own legal code. He said that its purpose will be "to assist Sikh families in their time of need when dealing with conflict and disputes in line with Sikh principles." The new court will operate remotely and in person, and will comprise 30 so-called magistrates and 15 judges, of whom most will be women. The magistrates will mediate between parties to negotiate a settlement, as well as directing them to a course to help them to work on specific issues.
Judges return to robes in family court safety scheme
Judges are to wear robes for hearings at the main family court in London as part of an attempt to make the family court less intimidating to litigants. In a pilot scheme, from this month to July, judges at the central family court will wear black robes, but not wigs, to "explore the impact of increased formality," as officials scramble to curb attacks on the bench. It comes after Sir Andrew McFarlane, the country's most senior family law judge, told MPs on the justice committee on Tuesday that incidents of violence were increasingly common and causing "apprehension" among judges. He said that the senior judiciary was considering "whether we should carry on sitting in the way we do." In response to the "relatively high" number of incidents including knives being confiscated at the door of the London court, "judges felt they wanted to do something to see if it would change the perception of those attending court," he said.
GENERAL LAW
Bar Council urges clearing fraud backlog with specialist courts
Sunday Express
The Bar Council has suggested that specialist fraud trials should be held in overspill courts to clear a backlog of cases. It said fraud cases were the first to be pulled from court listings in favour of other crimes, with victims seldom seeing justice because of repeated delays. A submission from the Bar Council to the Home Affairs Select Committee inquiry said police can take from five to 10 years to bring fraud charges, only for cases to be caught up by further delays in the court system. The current crown court backlog is around 65,000 cases. The council called for 'nightingale courts' set up during the pandemic to allow more space and deal with the backlog to be used again. It said fraud trials have a low priority for listing as they take longer - lasting weeks or months - with most defendants on bail.
Leading barrister calls for judges to quit Garrick club
Baroness Kennedy KC has urged judges to quit their membership of the male-only Garrick Club, saying "it's not complicated" but is an issue of "impartiality." Baroness Kennedy said: "There is a misunderstanding by many about the central issue here, which is about the ways in which justice is done and seen to be done. If people appear before a judge they have to be confident of his/her impartiality and anything which points towards discriminatory views has to be avoided. It's not complicated. It is not an attack on individual judges." It comes after the Judicial Office confirmed that Sir Julian Flaux, the Chancellor of the High Court, resigned from the Garrick Club in the wake of the mounting controversy. He is the fifth senior judge who has been identified as a member and who has quit his membership.
Crackdown on lawsuits silencing critics faces opposition
The Times / The Times
A law aimed at curbing the use of lawsuits by the wealthy to silence critics is facing challenges due to pressure from law firms. The government has backed draft legislation that would allow judges to dismiss strategic litigation against public participation (Slapps) before cases go to trial. The bill, introduced by Wayne David, seeks to strengthen the law by making it easier for judges to throw out cases through an "early dismissal mechanism". However, the amendment has faced criticism from editors, writers, and academics who argue that the directions for judges are flawed. The Ministry of Justice and the Department for Culture have not committed to supporting the amendment, which may hinder its success. Law firms have expressed concerns that the changes give judges too much power. Critics also argue that the bill is politically motivated and may hinder access to justice.
Post Office lawyer says she was expected to manipulate Horizon probe
A former top in-house lawyer for the Post Office has claimed that senior figures expected her to manipulate a review of the Horizon IT system by forensic accountants. The lawyer, Susan Crichton, suggested that then Post Office chairwoman, Alice Perkins, may have expected her to "manage or manipulate" the investigation. The inquiry into the Post Office Horizon IT system also heard that Post Office chiefs were concerned about the organisation's reputation and the effect the report could have on funding negotiations with the government. Meanwhile, the inquiry also heard that senior figures at the Post Office began describing computer bugs as "exceptions" as they saw increasing complaints from sub-postmasters. Paula Vennells, Post Office chief executive at the time, reportedly made the suggestion to colleagues after she asked her husband for advice on a "non-emotive" way of referring to computer problems.
Government's Rwanda plan faces potential failure, warns lawyer
The i
Antonia Torr, a partner at law firm Fladgate, says plenty of obstacles could still result in the government's Rwanda plan being a "massive failure." She warned that the government faces a "large influx" of legal challenges, despite the legislation overcoming a major hurdle when the Lords abandoned a final amendment. Torr, who represents several clients who will be directly affected by the Rwanda bill, said it was not too big to fail. She said that lawyers representing asylum seekers at risk of being deported to Rwanda under the legislation had already started to alter their approach in building cases given the passing of the bill, with legal teams beginning "front-loading" applications and submitting evidence at a much earlier stage.
COMMERCIAL LAW
Perfect solution does not exist for disclosure, report says
Financial Times / City AM
A barrister who is conducting an independent review of the challenges of investigating and prosecuting fraud cases and the operation of the disclosure regime in a digital age says it is evident “that a perfect solution does not exist.” Preliminary findings published by Jonathan Fisher KC note that the Serious Fraud Office (SFO) average case has around 5 million documents and the proliferation of digital material and progressively complex offences means disclosure is an increasingly time and resource-intensive process for all parties. City AM notes that disclosure issues “have always been the SFO's Achilles' heel, resulting in long-winded investigations and problem-riddled trials.” SFO director Nick Ephgrave welcomed the findings, and said he supports a “disclosure regime that works for the digital age and ultimately speeds up cases outcomes.”
Jab developers dispute vaccine patents
Rival pharma firms Moderna, Pfizer, and BioNTech are embroiled in a legal dispute over the rights to life-saving vaccine technology patents. The trial, taking place at the High Court in London, focuses on alleged patent infringement and the revocation of Moderna's patents. Moderna is seeking compensation for alleged infringement by Pfizer and BioNTech's Comirnaty vaccine, while the defendants argue that the patents are invalid. The trial also examines the validity of one of the patents.
Ryanair sues NATS over flight delays
Ryanair is suing air traffic control body NATS over flight chaos which saw more than 700,000 passengers hit by cancellations and delays around the August Bank Holiday last year. An investigation found that the issues was caused by a technical glitch during the processing of a flight plan. The Civil Aviation Authority said a "lack of planning" and engineers working from home had contributed to the disruption. Ryanair chief executive Michael O'Leary said his company had been forced to pay out around £15m in compensation. He has called for NATS chief executive Martin Rolfe to either step down or be dismissed.
PROPERTY LAW
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No-fault eviction ban delayed for court review, confirms MPs
MPs have confirmed that levelling up secretary Michael Gove’s promise to ban no-fault evictions will not go ahead until a full review of the courts has been completed. MPs voted in favour of the Renters' Reform Bill on Wednesday night but a new amendment would postpone a ban on "no fault" Section 21 evictions until a legal review has taken place. Currently, no-fault evictions allow a landlord to evict a tenant with two months' notice and without seeking court approval. Under the ban - a promise made by the Tories in their 2019 manifesto - all evictions will have to go through the county courts.
Campaigners call for cliffside homes rethink
Local campaigners have urged Cornwall Council to rethink its decision to grant planning permission for a development of seven luxury homes on cliffs above Whipsiderry Beach in Newquay, after a series of rockfalls, one occurring just two weeks after developer Living Quarter Properties submitted a report arguing that the cliff was "far more stable" than previously thought. Local campaigner Andrew Robey said: "Our own geotechnical analysis of the cliff concluded it is in a highly fragile state. To try an stabilise it with a few rock bolts and netting is not sufficient and working on that cliff raises safety issues. How no one has died is an absolute miracle. What we want is for Cornwall Council to stop the plans."
Solar farms cause concern for property values
The Times looks at how a surge in solar farms across the UK, driven by government subsidies and low panel prices, is causing concern for property values. The solar panel projects, including the controversial Lime Down Solar Park in north Wiltshire, are dividing communities and upsetting landowners who previously opposed such developments. Craig Fuller, a rural property buying agent, said: "It's going to be devastating. I know three neighbours trying to sell and in all cases their prices have been knocked by at least 30%. We are talking proper houses around £10m, £4.5m and one was £2.5m. They will feel the impact the same as they will in all the villages." Paul Miner of the CPRE countryside charity said MPs needed to remember that climate change was the biggest threat to the countryside. The CPRE is calling for a "roof-first" solar policy.
EMPLOYMENT LAW
Most managers support Labour's workers' rights reforms
The i
More than 70% of managers support Labour's proposed changes to employment law, including flexible working and family-friendly policies, according to a survey by the Chartered Management Institute (CMI). The survey also revealed that 80% of managers believe workers' rights should be a top priority in national policies. Despite warnings from business groups, many managers believe that the proposed changes can positively affect workplace productivity. Rupert Soames, president of the Confederation of British Industry, has urged Labour to soften its proposals, but Anthony Painter, director of policy at the CMI, suggests that some City bosses who oppose the plans may want to check in with their own management teams. Labour has pledged to bring in its "new deal for working people" within 100 days of winning power. It includes a ban on zero-hours contracts and "fire and rehire" practices, as well as ensuring workers have rights such as sick pay and parental leave from the first day of employment. Other proposals include the "right to switch off" to protect employees' work-life balance.
Tesco employees challenge 'fire and rehire' tactic in UK's highest court
A group of Tesco employees has taken the grocer to the UK's highest court over the use of a controversial "fire and rehire" tactic. The workers allege they were either fired or forced to move 40 miles to a new place of work in 2009. Tesco offered a lump sum to those who agreed to relocate, but in 2021, the company announced its intention to fire them and rehire them on a worse contract. Oliver Segal, a lawyer representing the workers, described Tesco's practices as invoking a relationship between employer and employee that was akin to a “master” and “servant.” He said that Tesco acted as if it “enjoyed an unrestricted freedom to terminate the relationship at will.” The Supreme Court hearing comes after the supermarket group won its appeal against the workers at a lower court, successfully overturning a previous decision that blocked the company from firing them. The case is being closely watched as it could set a precedent for other companies using similar tactics.
FIRMS
Keystone Law reports strong growth in revenue and profit
Law Gazette / City A.M.
Keystone Law has reported a strong double-digit growth in both revenue and profit for the last financial year. The AIM listed legal business saw its revenue increase by 15.1% to £87.9m, while its profits grew by 15.4% to £22.8m. CEO James Knight highlighted the reduction in the 'war on talent crisis' as a key factor in the company's success, with the recruitment of over 50 new principals. Knight also emphasised Keystone's flexible working model, which allows lawyers to work from any location. The company remains confident in its ability to deliver high-quality earnings and sustainable growth in the year ahead.
CASES
Braverman's decision to drop Windrush reform recommendations ruled unlawful
The Guardian
A decision made by former Home Secretary Suella Braverman to drop three reform recommendations intended to repair the "monumental harm" done to the Windrush generation has been ruled unlawful by the high court. The Home Office had committed to a comprehensive improvement programme in response to the Windrush scandal, but abandoning the reform pledges was deemed discriminatory and a broken promise. Windrush scandal victim Trevor Donald, who was caught up in a "dystopian nightmare" for nine years, is bringing a legal claim against the Home Office for unlawful discrimination. Nicola Braganza KC, for the Black Equity Organisation (BEO), which is supporting the action, said: "This decision - breaking a clear and repeated promise and public commitment - and the way in which it was taken, without due consultation, left Mr Donald, BEO and members of the Windrush and black communities feeling extremely disappointed, shocked and angered, and betrayed."
MoD ready to settle with traumatised veterans
The Ministry of Defence is prepared to settle with hundreds of traumatised veterans after a nine-year legal battle over the controversial antimalarial drug, Lariam. The drug, prescribed to British troops overseas, has caused severe side effects including hallucinations, nightmares, mental breakdowns, and suicides. The class action lawsuit, brought by 450 former service personnel, is one of the largest against the MoD. However, the case may collapse due to the financial struggles of the law firm representing the veterans. Hilary Meredith Solicitors is £6.7m in debt and has until the end of the week to find money to pay staff or administrators will be called in. Campaigners have described the case as "the new Post Office scandal" and on Monday night won the backing of General Lord Dannatt, the former chief of the general staff, who said ministers "must get on with this and settle now."
Woman cleared of prosecution for holding placard outside climate trial
The Daily Telegraph / The Guardian
A high court judge has thrown out the government's attempt to prosecute Trudi Warner, a woman who held a placard outside a climate trial to inform jurors of their right to acquit a defendant based on their conscience. The judge accused government lawyers of mischaracterising the evidence and stated that Warner's conduct did not amount to an act of contempt. Warner's sign referenced a landmark case that established the independence of juries, and her placard read: "Jurors, you have an absolute right to acquit a defendant according to your conscience." The judge highlighted the well-established principle of jury equity, which allows jurors to acquit a defendant regardless of the judge's directions.
Government accused of unlawful ban on XL bully dogs
Sky News / London Evening Standard
Campaigners have been given the green light to bring a High Court challenge against the government's decision to ban XL bully dogs. Owner Sophie Coulthard and campaign group Don't Ban Me, Licence Me are taking legal action against the Department for Environment and Rural Affairs (Defra) over the large bulldog-type American breed being added to a banned list under Dangerous Dog Act in October last year. The ban is being challenged on the grounds of being unlawful, irrational, and lacking proper analysis. The case will proceed to trial at a later date. Cathryn McGahey, KC, representing the campaigners, warned that the ban stemmed from a "hasty" announcement from Prime Minister Rishi Sunak in September last year - the day after a fatal dog attack.
School challenges Ofsted rating in High Court
A school rated ‘inadequate’ by Ofsted has begun a High Court challenge against the inspectorate. Lawyers representing All Saints Academy in Dunstable, Bedfordshire, argue that Ofsted did not give "sufficient reasons" for its conclusion. The school wants a High Court judge to quash the inspection report - but Ofsted said the claim should be dismissed. It said the school had "consistently underperformed" in inspections. Barrister Paul Greatorex, from law firm Irwin Mitchell, who is representing the school, told the judge that the case was about Ofsted "losing its way." Barrister Toby Fisher, who led Ofsted's legal team, told the judge, in a written argument, that the school's claim was "misconceived."
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8moWhy not treating everyone in the same way a naggiaain saw asking for sharia now. What a shame. West is going backwards.
● Helping C-Level Execs, Mid-Level Managers, & Business Owners Bridge The Gap Between 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐒𝐮𝐜𝐜𝐞𝐬𝐬 & 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐅𝐮𝐥𝐟𝐢𝐥𝐥𝐦𝐞𝐧𝐭 ● Thought Leader on "The Professional Paradox"
8moFascinating concept. This initiative could set a precedent for other communities seeking cultural sensitivity.
The Tech Barrister/ Civil, Commercial Mediator specialises in Artificial Intelligence (AI) regulations, including the EU AI Act, Intellectual Property (IP), GDPR, and Contract Law for tech companies and startups.
8moSharia Courts next…still hope for me 😊