Edward Fennell’s Legal Diary – Edition 27
Diary stories, comment and insights from the legal world
Friday 25 September 2020 Edition 27
SHORT THOUGHT FOR THE WEEK
PROFITABLE TO FOLLOW THE RULE OF LAW?
New tighter restrictions following the rise of Covid cases have brought gloom combined with grim acceptance of the necessity of the move. The hospitality business will be particularly hard hit.
So the international tracker report on hotels’ anti-Covid regimes published this week by Bird & Bird (see below) will be very useful at this time not least because (as my observations of restaurants and hotels in Italy over the last few weeks have confirmed) there can be real positives in sticking to the law.
One particular restaurant in a small provincial town – which had been lacklustre for years – has seen a boom in the number of diners in the last six months. Why? Because it has gone out of its way to emphasise and enforce Italy’s tight anti-Covid rules. This has gone down very well with the local residents who now flock in having fled their usual, less stringent haunts. Whether this restaurant will sustain new customer loyalty once (if) the pandemic is over remains to be seen. But the opportunity has arisen. Sticking to the letter of the law pays off.
The LegalDiarist
This week’s contents
CLIFFFORD CHANCE SIGNS UP
A WINNER FOR BIRMINGHAM
COVID GUIDANCE FOR HOTELS
A NEW BOOK ON CONTRACT LAW
FLOWER-THROWING IN THE LEGAL GLASS HOUSE
YOUR GOLD OR MINE? ASKS VENEZUELA
ELA HAS A NEW HEAD
POST OFFICE SCANDAL: WHEN WILL IT END?
WHY SAILING MUST BE REINSTATED IN THE PARALYMPICS!
CORRECTION OVER RAKIA CASE
My apologies for being a little too ‘previous’ with my account last week of the latest developments in the important case in London involving the UAE state of RAK’s investment authority (RAKIA) and the American aviation tycoon Farhad Azim. I stated that the claim made by Mr Azima (that agents acting for RAK had hacked his personal financial information) had been upheld in the court. I should have said that the case will now be heard by the Court of Appeal. So look out for the next exciting episode.
THE LEGAL DIARY OF THE WEEK
CLIFFORD CHANCE SUPPORTS THE LAW
(PHEW, THAT’S A RELIEF)
Clifford Chance has signed the United Nations (UN) Global Compact’s Statement from Business leaders for Renewed Global Cooperation. This states that peace, justice and strong institutions are beneficial to the long-term viability of businesses and are foundational for upholding the ten principles of the UN Global Compact and achieving the Sustainable Development Goals (SDGs). “Against a backdrop of unprecedented disruption, cooperation across borders and sectors is more important than ever,” says Clifford Chance Global Senior Partner, Jeroen Ouwehand, “Our greatest influence lies in our robust partnerships with clients, NGO partners, legislators and governments. Our continued commitment to the UN Global Compact gives us a valuable framework for this; using our role as guardians of the rule of law to effect sustainable progress and change in the areas that need it the most.”
A BEACON FOR BIRMINGHAM
At least one of my regular readers is Brummie born-and-bred so this story is specially for him.
Birmingham sometimes has a problem living up to its status as England’s ‘Second City’ – not least because Manchester eclipses it so readily in everything from football teams to hosting the BBC. But legally Birmingham can give the Mancs a run for their money not least because of its local economy boasting the largest concentration of businesses outside of London.
So the Greater Birmingham Chamber of Commerce now presents annually its ‘Future Faces’ Awards including one for the legal sector, This year’s winner is James Farmer, Chambers Director of Cornwall Street Barristers who received the award after facing tight competition from the other shortlisted candidates based in Irwin Mitchell, Pinsent Masons, and Barker Brettell.
Mr Farmer wasted no time before plugging Cornwall Street which has increased its turn-over in the last couple of years from £3.6m to a (pre-covid) projection of just over £5m and now has well over fifty barristers. “We have entered new and exciting areas of law which we continue to build upon and we have created links with other sets and other organisations to be best placed to plan for the future” he said. “We take great pride in our values of being collegiate, supportive, forward thinking and professional and I am also incredibly proud of our members and staff who have worked tirelessly to ensure Chambers weathers the Covid-19 storm that is upon us.”
Farmer, it turns out, was head hunted four years ago at the age of 28 so he’s clearly one to watch. But could he resist a lure from London?
BIRDS MAP OUT THE HOTEL BIZ
Coinciding with the revelation that the combined market capitalization of the five largest hotel chains in the world fell to $79.2bn this month – a $25.2bn plunge since the beginning of 2020 (with Marriot International undertaking the biggest drop) – Bird & Bird has launched an ‘international; tracker’ which reports on the key issues which hotels need to consider when re-opening in the face of COVID-19.
The tracker provides, says the firm, an overview of the current requirements hotels must be aware of and government support available to the sector in various jurisdictions around the world. For each country, the tracker summarises:
1.Lockdown status, including whether the country is in lockdown and timelines for its easing
2.Hospitality status, including whether hotels are permitted to open, social distancing measures and any requirements in relation to staff
3.Hotel facilities status, including whether hotel, F&B and leisure facilities are open and any restrictions in place relating to these facilities
4.Government support, including relief available for commercial tenants
It currently covers Australia, Czech Republic, Denmark, Finland, France, Germany, Hong Kong, Hungary, Italy, China, Poland, Singapore, Spain, Sweden, The Netherlands, the UAE and even the UK (a tricky one this given that whatever the regs were last week they will almost certainly change – cumming or going).
CONTRACT ‘BRIDGE’ FOR ALL
Contract law – a good subject for a fun Sunday afternoon read? That’s the idea of Professor Mark Watson-Gandy a practising barrister as well as a law professor) whose new book ‘Simple Contract Law: A brief introduction to English Contract Law’ has just been published.
Not having had the opportunity to see it yet at first-hand I am relying on the assurance given by the publisher that it is “concise and fun to read” and designed to be consumed in a single afternoon. “From core concepts and illuminating (sometimes funny!) leading cases, to a helpful glossary of what some of the most commonly used terms actually do, it’s the perfect book for both English and international law professionals, or those who are secretly fascinated by the legal world.” And what’s more it has got illustrations! (Not common, it must be said, among legal texts).
Having come across Professor Gandy’s work in the past I would not be surprised if he has pulled this off – especially as three quarters of those using London’s commercial courts during litigation come from outside of the UK and would probably appreciate a basic introduction to what’s what. “A quick and easy-to-read guide like this is long overdue,” says Watson-Gandy. He’s probably right.
‘Simple Contract Law: A brief introduction to English Contract Law’ is available now: https://amzn.to/3kbb6Q4
FLOWER-THROWING IN THE LEGAL GLASS HOUSE
Poets, as Percy Bysshe Shelley said, are the ‘unacknowledged legislators of the world’ but artists are the serial law breakers. After all it was Picasso who pointed out, “Good artists borrow but great artists steal.” And while no-one is accusing street artist Banksy of stealing he is facing accusations of being casual to the point of contemptuous of intellectual property law.
This has all come to a head in the case of the ‘Flower Thrower’, one of his best-known works, where he has now lost his trademark for the work. For why? Because he failed to reveal his identity to judges and was found to have dishonestly conducted parts of his legal battle with a UK card company. Referring to the use of the Flower Thrower in his 2019 shop, the judges found “his intention was not to use the mark as a trademark to commercialise goods… but only to circumnavigate the law.”
The whole case sounds rather baffling but Dennis Lee, Partner at BDB Pitmans, explains it thus. “Trying to use trade mark (which could potentially have an unlimited lifespan) to circumvent the expiry of copyright protection (which only lasts for 70 years after death) is not novel. But Banksy’s open “disdain for intellectual property rights” and actions – including opening a pop-up shop in Croydon to (cynically) show use of the mark in certain classes – certainly did not garner any sympathy from the judges in this case. A trade mark filed without the genuine intention of use may still get through to registration if it remains unchallenged, but an image as iconic as the one in question carries far too many commercial interests to escape being cancelled for bad faith reasons.”
‘Bad faith reasons’? Some of us might suspect that almost all the most expensive contemporary art is shot through with bad faith. Maybe Professor Watson-Gandy could be persuaded to write a fun guide to IP law especially for child artists. It would certainly help them in their subsequent careers.
YOUR GOLD OR MINE?
A big question for anyone interested in South American politics – just who, these days, is the President of Venezuela?
This is particularly significant for the Banco Central de Venezuela which is keen get its hands on almost two billion euros worth of gold which is currently in the care of the Bank of England. Put bluntly, the Bank of England has declined to cooperate so far on the grounds that it does not regard the country’s current regime – and indeed the management of the bank – as legitimate. The case has gone to the Court of Appeal where it has all been thrashed out this week.
Leigh Crestohl, a Partner at Zaiwalla & Co, representing the Banco Central de Venezuela, is keen to reject any slights on the status of his client. “The BCV President and Board in Caracas remain in full effective control of the central bank in Venezuela and its facilities, and they are carrying out the day to day functions of the BCV as the nation’s central bank.” In other words get real.
So there we are – it’s complicated. And its implications extend beyond the gold itself . The Judgment will be handed down in due course
ELA HAS A NEW HEAD
The Employment Lawyers Association (ELA), the apolitical organisation representing over 6,000 specialist, qualified employment lawyers in the UK, has elected a new Chair. Marian Bloodworth, Employment Partner at Kemp Little LLP, took over as Chair earlier this month and will be in the role until the Autumn 2022.
Described as “unflappable” and “an outstanding lawyer with superb judgment and tactical acumen” she has already made a significant impact in the field of employment law having acted in 2019 as special advisor to the UK Parliamentary Women and Equalities Select Committee in relation to their inquiry and report into the use of NDAs in discrimination and harassment complaints. She also sits on the advisory board of Women in Banking and Finance (https://www.wibf.org.uk/) and is Co-Chair of the City HR Policy Committee (https://cityhr.co.uk/).
POST OFFICE SCANDAL: WHEN WILL IT END?
Following extensive lobbying by lawyers and some journalists, the plight of the Sub-Postmasters falsely accused of theft by the Post Office has gradually worked its way into the public consciousness. Here’s the latest statement on developments from Nick Gould of law firm Aria Grace who has worked closely with the victims.
“Aria Grace is part of a team working with several Post Office Appellants on a pro bono basis and the Criminal Appeal Office has let us know that a Directions Hearing is now set down for 11th November.
Despite almost a year having passed since Mr Justice Fraser’s devastating judgment against it, the Post Office has, to date, given no indication that it will not be resisting all the appeals referred to the Court of Appeal by the Criminal Cases Review Commission. Ordinarily, the statutory requirement for a referral by the CCRC is a previous unsuccessful appeal to the Court of Appeal. There is an exception to that requirement in “exceptional “ circumstances. It is a remarkable feature of the Post Office Appeals that all but one of the 40 plus appeals is a first appeal and therefore considered by the CCRC to be “ exceptional.“ Just to repeat, 40 plus “exceptional “ appeals.
Lives destroyed , people ill or dying or dead now – yet apparently neither ethics , nor morality or even good old common sense plays any part in the thinking of the Post Office board in these matters ?”
WHY SAILING MUST BE REINSTATED IN THE PARALYMPICS!
Law firm HFW – which has a long history of being associated with the sea – has given its backing to the campaign to have sailing restored as a Paralympic sport. As part of this it will host on 8th October at 9am BST a webinar featuring Paralympian sailors Hannah Stodel (Great Britain)
and Jovin Tan (Singapore) who
will discuss their hopes that the IPC might approve a future application for sailing to get back into the Games, and how
submission of such an application might be achieved. The webinar will be chaired by HFW partner William MacLachlan.
For more contact Sean Twomey Director of Marketing & Business Development at HFW
e-mail sean.twomey@hfw.com
And for next week……..
The Legal Diary will be published again at the end of next week. Do send in your Diary stories and comments on the state of the law to