Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
9 August 2024
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: Flying the Flag: On the Streets and in the Arenas
“Just two years ago, I was a full-time lawyer in the City, so I feel incredibly lucky to be going to the Olympics this year,” said UK GB’s marathon runner, Rose Harvey. “I never dreamed or let myself believe it could happen.”
With any luck Harvey will shortly be wrapping herself in a Union Jack and attracting the congratulations of millions. Sadly there are hundreds of other who have been wrapping themselves in UK/England flags in recent days and will now be facing the courts rather than a podium.
So the last ten days have been a tale of two nations. How far can the law – as a process – and, indeed lawyers, bring them back together again?
Our story below on the report ‘The value of justice for all’ commissioned by the Access to Justice Foundation in partnership with the Bar Council might give us some clues. But by this stage maybe it is already too late.
The Legal Diarist
In this edition
+ LEGAL DIARY OF THE WEEK
Marketing for Lawyers: Are you a believer?
Legal ‘stitch in time’ would save State money
Expert Whatness?
Fertility on the Agenda at Osbornes
+ LEGAL COMMENT OF THE WEEK
the threat to immigration lawyers, the Online Safety Act, humanist weddings and the Water (Special Measures) Bill
+ APPOINTMENTS OF THE WEEK
at BCLP and Devonshires
LEGAL DIARY OF THE WEEK
Marketing for Lawyers: Are you a believer?
It was almost forty years ago that law firms were first permitted to engage in promotional activities and yet, by all accounts, the value of marketing is still to be appreciated across many of the major law firms.
That is the (almost) astounding finding from Passle’s Legal Marketing Leadership Survey 2024.
According to the report just out (based on a survey of managing partners and chief marketers at 200 of the top law firms in the UK, US and Canada) many legal marketeers complain that they struggle to engage their in-house experts despite demand from clients for good quality content.
This grievance, it must be said, is hardly new. Right from the get-go the first generation of marketing experts bewailed the fact that rank-and-file lawyers were reluctant to divert time away from building up their billable hours and commit to marketing instead – for example, through thought leadership activity. And now, of course, the scope for thought leadership is even greater via investing in their online presence as a way of driving growth.
.The problem is that despite the fact that the majority of firms (76%) have senior marketers on the board three quarters of firms believe that clients only visited their website occasionally – if at all. But they are wrong. A recent Passle survey of general counsel (GCs) showed that many use law firms’ websites as their main source of information, with more than half (52%) visiting it at least once a week and a further third (34%) at least once a month.
So definitely time for lawyers to get on their marks.
Legal ‘stitch in time’ would save State money
Early, free legal advice would be a massive money-saver in the long term according to a new report ‘The value of justice for all’ commissioned by the Access to Justice Foundation in partnership with the Bar Council.
The figures claimed are startling with the suggestion that providing free specialist legal advice could save the government £4.5billion for every half a million people who receive it. Moreover this investment is urgently needed. The report suggested that free legal advice sector is now at ‘breaking point’ with the UK facing a ‘perfect storm of challenges’.
“The repercussions of the pandemic and the ongoing cost-of-living crisis mean that more and more individuals will face personal and financial crises, with researchers finding that the average person seeking free legal advice is dealing with five different legal problems at one time,” argued the Bar Council.
“As economic challenges persist and the demand for free legal advice grows, the role of free legal advice has never been more critical,” said Clare Carter, the Chief Executive of the Access to Justice Foundation. “This report emphasises the challenges that multiple and intersecting legal issues present marginalised communities, and the role of advice providers in supporting the early resolution of legal issues in a cost-effective way. Without increased and sustained investment, we risk failing the people, places, and communities who need us most. This report demonstrates that funding free legal advice is both an ethical obligation and a wise financial decision.”
Expert Whatness?
The reputation of expert witnesses took a bit of a bash this week in the conclusion of a long-running case involving a collision between a motor-cycle and a Citroen which led to a £50,000 claim on grounds of the vehicles being subsequently non-roadworthy. According to the judge in the case, His Honour Judge Murch, the evidence of the engineer, Mr James Quigley of Caljam, about the state of the vehicles carried ‘very little weight.
“It’s all too commonplace for vehicles to be declared unroadworthy when they are not,” said Graeme Mulvoy, Partner at HF which acted on behalf of the insurers Hastings Direct.. “Time and again we see huge claims for credit hire when vehicles with some minor collision damages are capable of being used perfectly legally and safely. The court was rightly concerned with the expert evidence presented in this case and the inconsistencies more generally and it’s encouraging that His Honour Judge Murch dismissed the claim for vehicle damage in its entirety due to the ambiguous evidence regarding repairs; another challenge our clients are faced with all too frequently.”
Apparently Mr Quigley had stated that the motorcycle was unroadworthy – despite the claimant having driven it 12 miles to a repair garage immediately following the collision. Some of the parts that Mr Quigley had stated caused the motorcycle to be unroadworthy were not supported by the photos appended to his report. On top of which the judge was critical of Mr Quigley’s failure to comply with the Civil Procedure Rules.
No surprise then that Hastings Direct was triumphant. “This case is a great example of how we tackle fraudulent claims, re-enforcing our zero tolerance approach,” exclaimed Kay Denyer, Head of Claims Fraud.
Fertility on the Agenda at Osbornes
Osbornes Law’s headcount consists 70% of women so it is no great surprise that it has introduced a new healthcare benefit for staff in the form of fertility testing. It comes as one of the first demonstrations of the priorities of the recently anointed new managing partner Jo Wescott who is the first woman managing partner in the firm’s history.
“I was in my mid-late 30s when I had my children, which in medical terms is classed as geriatric. I had no fertility issues, but I know many friends and colleagues who sadly weren’t so lucky,” commented Westcott. “People often think it won’t happen to them and when it does, it’s absolutely devastating. It changes relationships and I have seen this both personally and professionally.
What’s really important for me is that having access to this benefit will allow colleagues to be proactive and take control of their own health so they can identify any problems at an early stage, hopefully early enough to do something about it. As managing partner it’s my job to support our employees, almost three-quarters of whom are women. I want people to be happy and healthy when they come to work, and this is one small way to help maintain that.”
Osbornes is said to be the first law firm to offer a proactive and preventative fertility benefit and to become certified as a Reproductively Responsible™ employer with Hertility Health.“Ultimately, our vision is to reinvent healthcare and nurture the mother of all movements by empowering a new generation of women who want to know their bodies and take control of their life choices, both at home and in the workplace,” said a representative of Hertility.
LEGAL COMMENT OF THE WEEK
TOPIC: The security of immigration lawyers against the background of the current riots
COMMENT BY: Professor Richard Moorhead, University of Exeter Law School
“I would hope and expect that the authorities regard attacks targeting lawyers because they are immigration lawyers as seriously as attacks on the court. Politicians, the police, and the CPS should make plain that they would regard such targeting as aggravating factors when asking courts to sentence those guilty of such attacks.
TOPIC: The Online Safety Act and the current riots
COMMENT BY: Mark Jones, Partner, Payne Hicks Beach
“Prime Minister, Keir Starmer, has warned social media companies that they must uphold laws that prohibit the incitement of violence online after misinformation around the tragic events in Southport last week sparked violent scenes, but what about the individuals posting the misinformation in the first place?
The Online Safety Act 2023 could have been a pivotal moment in the way we tackle the harms caused by misinformation. However, the final Act falls short of the Government’s original intention of making the UK the safest place to be online. The only references to misinformation in the Act are about setting up a committee to advise Ofcom and changes to Ofcom’s media literacy policy.
There is a new false communications offence in the Act which outlaws the intentional sending of false information that could cause ‘non-trivial psychological’ or physical harm to users online but this is predominantly aimed at internet trolls and does not cover the events of the past week. Instead, the police are likely to have to rely on offences under the Public Order Act 1986, which is the main piece of legislation which penalises the use of violence and/or intimidation by individuals or groups. Whilst the Home Secretary may have said “if it’s a crime offline, it’s a crime online”, and whilst that may be correct, the Online Safety Act provides no additional support to the pre-existing criminal law covering incidents of incitement of violence.”
TOPIC: The legalisation of humanist weddings
COMMENT BY: Joanna Newton, Partner at Stowe Family Law
“It is interesting to see the new Labour government considering the Law Commission’s 2022 report, which set out recommendations for reform of wedding law. The report suggested that regulation of marriages should be based on the officiant, rather than the building it is conducted in, enabling non-religious belief organisations to conduct legally binding weddings, providing the officiant is registered.
The legalisation of humanist wedding ceremonies would most certainly be an acknowledgement of the importance of a multi-belief society and changing social attitudes regarding marriage and relationships. It would give legal recognition to the love between couples, independent of their beliefs.
Humanist weddings have seen a dramatic increase in the last 20 years. The most recent statistics (from 2020) show that humanist weddings by Humanists UK have increased by 266% since 2004.
Currently, couples who have had a humanist wedding are not married in the eyes of the law. They are seen as ‘cohabitees’. Cohabitation is the fastest growing family type in the UK, but is not a legally recognised relationship status, meaning there is very little financial protection should the relationship end, or one person die, although many people are unaware of this. In a survey we conducted at Stowe Family Law, 46% of respondents believe cohabitees have the same legal rights as married couples.
If couples wish their marriage to be legally recognised, they need to have a civil ceremony performed in addition. Marriage is a legally binding contract that has consequences if broken, and some couples wish to remain financially and legally independent, even if socially they express their togetherness through a humanist wedding ceremony.
Legalising humanist weddings would remove this option for couples, and give those who have a humanist ceremony the same rights, and responsibilities, as those who have a civil or religious marriage. Although this would give them the financial and legal protection not currently afforded to cohabitees, it removes the freedom of choice to remain financially independent .
Humanist weddings are legal in Scotland, Northern Ireland, the Republic of Ireland and the Channel Islands. England and Wales are certainly lagging in many areas of reform, but legalising humanist weddings may need to come with a caveat, recognising the marriage but giving an option to remain financially independent.”
TOPIC: The Water (Special Measures) Bill which aims to give the water regulator new powers to ban the payment of bonuses if environmental standards are not met and increase accountability for water executives.
COMMENT BY: Nicola Sutton, partner, Clarke Willmott LLP
“As we know the Levelling Up and Regeneration Act 2023 has sought to force water companies to clean up their act and improve certain plant and equipment.
“This is essential to enable housebuilders, tasked with delivering much needed new homes, to ensure that the additional nutrients entering the waste water treatment works are capable of being treated by these water companies before surplus amounts enter the natural environment.
“The Kings Speech talked about how The Water (Special Measures) Bill will toughen up the regulations water companies are subject to with the aim of cleaning up our rivers, lakes and seas.
“However, it seems that the Bill will not handle this directly but rather the use of fines and punishment will be utilised as a stick to encourage bosses to improve performance. To be a real threat and for this to really work the Environment Agency will need to increase its prosecutions to act as a real deterrent. To do that they will need more resources in terms of funding and manpower.
“The Bill is described as an ‘immediate first step’ so it remains to be seen whether the new Government will introduce further, more stringent measures as time goes on but we are hopeful. The topic continues to be a challenge for our housebuilder and developer clients.”
APPOINTMENTS OF THE WEEK
BRYAN CAVE LEIGHTON PAISNER LLP
Shivani Sanghi (left) is joining the London office of Bryan Cave Leighton Paisner LLP (BCLP) in September 2024 as a partner in the Business and Commercial Disputes practice. Dual qualified as a solicitor advocate in England & Wales and as an advocate in India, Sanghi began her legal career practicing as an advocate in Delhi in 2009 at Sanghi & Co, a specialist disputes firm. She was then recruited by Fieldfisher where she was a partner and headed the India practice group.
With significant experience in emergency arbitrations and in matters involving fraud, conspiracy and worldwide freezing injunctions, Sanghi has appeared before the English courts including the High Court, the Court of Appeal, and the UK Supreme Court. She has also been involved in complex high-stake arbitrations under the rules of various arbitration institutions such as the ICC, LCIA, SIAC and PCA in venues around the world.
“Shivani’s unique experience in both international arbitration and litigation will be an incredible asset to BCLP,” said Graham Shear, the firm’s EMEA Regional Leader. “Her arrival marks our commitment to enhancing our international disputes capability and providing international support to our clients with business interests in rapidly growing markets like India, where we are witnessing strong client demand.”
DEVONSHIRES
Justine Hunkins (left) is joining Devonshires as a Partner in its Housing Management and Property Litigation team in the firm’s Birmingham office. She was previously at Forbes Solicitors, where she delivered assistance to Registered Provider and Local Authority clients. Her expertise spans across housing management, asset management, and complex litigation. Her prior experience includes eight years advising social housing tenants and she is regarded as having a comprehensive understanding of the sector.
“I am delighted to welcome Justine to Devonshires,” said Donna McCarthy, head of Devonshires’ Housing Management and Property Litigation team. “Her track record in the social housing sector is second to none and represents a fantastic addition to the Housing Management and Property Litigation team. Being able to attract a partner of her quality to the firm demonstrates our commitment to delivering an exceptional service to our clients.”
Hunkins commented, “The Housing Management and Property Litigation Team at Devonshires is absolutely first rate. I am delighted to be joining such an outstanding team and being part of its continued growth.”
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And best wishes for another glorious Olympic weekend.