Diary news plus insights, commentary and appointments from the legal world

16 August 2024

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK:

JUDGMENT OF SOLOMON

After having been President of the UK’s Supreme Court where might one go to add a final flourish to one’s staggeringly glittering legal career? In the case of the Rt Hon the Lord Neuberger of Abbotsbury (President of the Supreme Court 2012-2017), he is currently the President of the British Institute of International ad Comparative Law (some of whose courses we report on below). And until this week he was also Chairman of the High Level Panel of Legal Experts on Media Freedom.

Anything else? Well, of course, he also remains (in what, one might say, is a state of glorious isolation)  a non-permanent overseas judge on Hong Kong’s highest court – about which role there is currently some lively debate.

So should one stay or should one go? A dedication to the rule of law is, of course, crucial for lawyers. But at what point does one conclude that a particular code of law is no longer legitimate and is not worthy of upholding. Requires a judgment of Solomon.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

– Podcast Top Picks

– Catching Up on AI and Immigration law with BIICL

– Legal Geek Conference – Fitting in with the Misfits

– Challenging on the Post Office Dragon

+ LEGAL COMMENT OF THE WEEK

on the infected blood pay-outs,

+ APPOINTMENTS OF THE WEEK

at THW and Stone King

LEGAL DIARY OF THE WEEK

Podcast Top Picks

Podcasts are de rigeur these days among savvy law firms and, as you may have seen, ALM Law has just published a list of the ‘ones to watch’ (or, rather, its ‘list to listen’). No great surprises as to who features. Cravath, Quinn Emanuel, Slaughter and May and the rest of the usual (top) suspects. Heading the list, however, was Paul Weiss with its ‘Waking Up With AI’ presented byKatherine Forrest, litigation partner and chair of the firm’s digital technology group (and a former Federal District judge) along with Anna Gressel,a counsel with the firm.

So just how good is it? The latest episode focused on the issues arising from robots whether highly programmed (now a bit old fashioned) or the autonomous, AI-driven new kids on the block. It gave a pretty good analysis of the differences between the two and if you really knew nothing about the subject you would have learned the basics. But, spoiled as we are maybe by BBC Radio 4, it was no better than an everyday beeb broadcast.

So, where was the extra magic ingredient which you would expect from a world-class law firm investing in podcasts – that in-depth understanding of the new legal issues that this innovative technology is spawning? After all, that would be the big pull of something from a major law firm. Well, it was there – but pretty light touch. Given that the firm is probably speaking to a niche audience it could/should have gone deeper. Top law firms like Paul Weiss have thought-leadership expertise – maybe they should use their podcasts to share it rather more.

Catching Up on AI and Immigration law with BIICL

The British Institute of International and Comparative Law (BIICL) has announced its programme for the Autumn. And pretty juicy it is too.

Perhaps most striking, given current trends, is a series of one day courses on Artificial Intelligence Governance running weekly from late September to late November. Aimed at a wide range of lawyers and others with ‘a keen interest in AI’ the course is designed to develop an awareness of the way AI and technology operates in the legal sphere and an understanding of the way in which AI is Governed and Regulated in a comparative perspective. “By the end of this course participants will be able to critically assess legal, regulatory and policy developments related to artificial intelligence,” says the blurb.

Interestingly key contributors to the course are Jane Loo and Josephine Seah both from the Centre for AI and Data Governance, Singapore Management University. The course is in a virtual format in which live (synchronous) teaching is offered via Zoom. Participants will be able to interact with the tutors and amongst themselves on screen.

Also of particular interest currently will be a one day course in International Migration and Refugee Lawwhich is offered in hybrid format. Designed to provide a ‘unique overview of International Migration and Refugee Law’ whichlinks theory and practice the course will look especially at the rights of refugees and other migrants – plus the obstacles they face in accessing such rights. It could hardly be more topical.

For more on these and other upcoming courses go to https://www.biicl.org/upcoming-courses

Legal Geek Conference – Fitting in with the Misfits

Talking of AI and the law, the topic will feature in the forthcoming Legal Geek Conference in Amsterdam on 11^th September. Billed as being a warm-up event for the two day Legal Geek conference in London in mid-October it still has a pretty hefty programme. The AI issue in particular is being covered by Barbora Obracajova (above) , the Head of Project Management at Dentons(Europe) who also teaches a ‘disruptive legal design’ class on ‘Modern lawyers: innovation, tech and design in practice’ at Charles University in Prague.

Obracajova’s session is Legal Skills for the Age of AI: Making Space for Misfits so, as you can imagine, it is appropriately challenging. Or is it? This is how the blurb describes it.

“In well done legal projects, excellence in law goes hand-in-hand with great service design and intentional project management. To achieve fabulous client experience, we need a diversity of skills, backgrounds, and proclivities, specialists as well as generalists. A variety of ideas, approaches and abilities will be necessary as we navigate the transformation toward an AI-powered legal sphere. So let’s dive into what skills will be essential and how we can create a culture where we all thrive.”

You’ll probably have to attend the talk to discover what those skills exactly are. Maybe we shall be surprised – perhaps new continents of legal skills are going to be unveiled before us.

Challenging the Post Office Dragon

Simon Goldberg, the senior partner at Simons Muirhead Burton, has taken advantage of the conclusion of Phase 6 of the Horizon IT Post Office Inquiry to point out that as well as some heroic postmasters there were also some pretty impressive ‘good angel’ lawyers involved in the scandal’s horrible history.

In particular, he highlights barrristers Paul Marshall and Flora Page who appeared in early legal battles following Mr Justice Fraser’s seminal “Horizon Issues” judgment in December 2019. “They played a decisive role in the outcome of the Court of Appeal process in 2020-2021, where 39 of 42 initial appeals were granted on grounds of ‘second category abuse of the process of the court’” points out Goldberg.

Then there is Nick Gould, the solicitor with Aria Grace Law, who has been described as a ‘true unsung hero’ of the Post Office Scandal. Acting purely pro bono Gould’s actions have been contrasted with those of the corporate lawyers who were paid mouth-watering fees by the Post Office. “Gould took the cases on because he saw the gravity of the miscarriage of justice and felt morally compelled to act,” says Simons. Moreover, in a profound irony, Gould is the only solicitor so far to have received a disciplinary charge from the Solicitors Regulatory Authority for what was purely a technical infringement.

“This while some lawyers (internal and external) appear to have committed possible criminal offences while defending the Post Office – none of whom have yet been sanctioned,” points out Simons witheringly. In those immortal, but now all too familiar, words – you could not make this up. But it wasn’t beyond the imaginative powers of the Post Office’s management to do so.

LEGAL COMMENT OF THE WEEK

TOPIC: The Government’s announcement regarding the Infected Blood Compensation Scheme

COMMENT BY: , Des Collins, Senior Partner of Collins Solicitors (and legal adviser to some 1500 victims and families involved in the infected blood scandal)

“We broadly welcome the Government’s endorsement of Sir Robert Francis’ recommendations for compensation and look forward to regulations being laid down next week to formally establish the Infected Blood Compensation Authority and enable the Compensation Scheme to commence work.

“Our clients are thankful that the recent change of Government has not disrupted the timetable set by the Victims and Prisoners Act and recognise the work Sir Robert and others are undertaking to make long-promised compensation a practical reality. 

“It is clearly good news that the scheme will be up and running by October and ready to receive applications from the infected, both those living and from representatives of those now deceased. It is somewhat surprising that those affected will need to wait longer than those infected to make an application but at least there is a guide on timescale.

“We now need to consider the details of the scheme with each of our clients to determine how they navigate the process and claim their entitlement. We are heartened to see a provision for victims to receive independent legal advice to help them in this respect. Experience shows that Government compensation schemes are notoriously complicated, often containing needlessly complex barriers to access, as those affected by the Windrush and Post Office scandals can attest.  The infected blood community are now assured of informed and independent legal support going forward which for many will be a great relief.

“Finally we are also pleased to see Sir Robert has recommended a review mechanism so that the design and mechanics of the scheme can be adjusted after a year if flaws become apparent. This is important if, for any reason, the scheme fails to meet objectives for the community it is intended to serve.

“As lead claimant legal advisors at the Inquiry, Collins Solicitors will now be working with clients in the weeks ahead to ensure they receive fair compensation without further delay.”

TOPIC: The Charity Commission investigation into the social media post by the RSPB which called Rishi Sunak, who was then the Prime Minister and two other ministers “liars”

COMMENT by : Vanessa Williams, a Business and Charity Lawyer at Excello Law

“The Charity Commission investigation into the RSPB highlights the tightrope that charities walk between passionately championing their cause and straying into party politics. There is a fine line between supporting or criticising specific polices put forward by political parties and being seen to promote or denigrate a particular party or politician. Above all, when engaging publicly, charities have a duty to act with respect and tolerance as befits their trusted role in society rather than inflaming divisions. Bysticking to the issues and avoiding attacks on character, charities can fully enter the debate with vigour and conviction.”

TOPIC: The Anti-Migrant Riots – Cases of disorder involving Children

COMMENT BY: Amanda Parker Lecturer at Nottingham Law School

“The exact number of children and young people involved in the recent unrest is unknown; however, the courts will be wanting to deal with them as quickly as possible. Most cases involving children will be dealt with in youth courts, a special type of magistrates’ court, by specially trained lay magistrates and District Judges, who are best placed to deal with them, taking into account their age, level of maturity and intellectual and emotional capacity. There is no youth specific sentencing guideline for violent disorder, which can carry up to a maximum of 5 years imprisonment in the case of an adult offender. The court will therefore have to consider the adult sentencing guideline and adapt it accordingly. Assuming that the 12-year-olds who have pleaded guilty are not persistent offenders they will not be facing a custodial sentence (period in detention) for their involvement in the recent violent disorder.

Despite recent justice calls for an end to child imprisonment, given ongoing concerns about the treatment of young people in detention, the sentencing of children convicted of offences during the recent unrest will not be impacted by these calls; the courts will likely follow and comply with the current law and sentencing practice.

It’s been reported at least one of the boys has been remanded in local authority care until his hearing in September. 

Children sentenced to a period in detention are often detained many miles away from their homes and communities, and a high percentage receive no visits during their incarceration. This undoubtedly raises concerns down the line about their wellbeing and the overall treatment of children in custody, including staff not having the adequate training, skills and experience to manage the vulnerable and challenging young people in their care.”

APPOINTMENTS OF THE WEEK

THOMSON HAYTON WINKLEY

Wendy Wharton has been appointed as Head of Family Law at Cumbria law firm Thomson Hayton Winkley (THW). Previously with Watson Ramsbottom, Wharton has extensive family law expertise including in matters relating to children, non-molestation and occupations and matrimonial matters such as divorce and finances.

Wharton was a relatively late entrant to the law having previously had a career in the armed forces. It was when she was working within the military police and legal sectors within the Army that she decided to pursue a career in the law after she returned to civilian life in the north of England.

“Starting a new job and role is like entering uncharted waters,” says Wharton. “Today, I am ready to navigate through challenges and sail towards building success here. It is a real privilege to be given this opportunity to build up the family department at Thomson Hayton Winkley.  With my motivation, attitude, and determination and with others here wanting the same, I am sure we will succeed.”

THW is a member of the  MAPD Group which aims to power the development of the growth of local law firms. THW and its sister business The Rural Law Practice (RLP) are among the largest and best-known law firms in the Lake District.

STONE KING

James Barron has joined Stone King as a Senior Associate in the firm’s Employment Team in Manchester. Formerly with a national law firm based in the north west, Barron has spent most of his career working with clients in the education sector. He has had experience in acting as a trustee for academies.

“James’s education-specific knowledge of employment law will help many clients as the new Government begins to implement its employment law policies, as mentioned in the King’s Speech,” said Craig Vincent, Stone King Partner and Head of the firm’s Employment and HR Consultancy Services.

Stone King works nationally with offices in Manchester, Bath, Birmingham, Cambridge, Leeds and London. The firm is top-ranked by both independent legal guides Chambers and the Legal 500, and has been named a Best Law Firm for 2024 by The Times.

“I’m excited to be taking this next step in my career at a time when there is so much change on the horizon for employment law,” said Barron.

WE hope that you have found this edition of the LEGAL DIARY interesting (and even useful). If so, please circulate it to colleagues.

In any case, please continue sending your diary-type stories, legal comment and insights plus latest appointments to fennell.edward@yahoo.com

And best wishes for another sunny weekend.