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

29 November 2024

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK:

PHONES – OUR PHONY FRIENDS

What looks like the demise of Louise Haigh’s career as a Cabinet Minister and the suspension of Jim Colwell, as the acting boss of the Devon and Cornwall police, have one thing in common – the mobile phone. Although very different in nature their mis-steps illustrate that the phone has become a portable booby trap – a portal to crime or calamity. Not to mention that it’s a stand-out target for theft. Today’s top story is that a gang of London phone thieves nabbed over £5M. worth of ill-gotten mob gains.

With such a lethal instrument on the loose it is surely time that people should be licensed for phone use – in their own interests – having understood the perils legal and otherwise which that little device contains. Danger! Leave that phone alone.

The LegalDiarist

In this edition

LEGAL DIARY OF THE WEEK

+ Qatar Claims – Not Banking On It

+ ESG Networkers Get Down To Work

+ Gardner Leader on a Winning Streak

+ Dean Foils the Future

+ Applying AI to Insurance – Give it a HighFive

CONTRIBUTED ARTICLE OF THE WEEK

THE CHALLENGE OF OPENING UP THE LAW TO NON-TRADITIONAL ENTRANTS: APPLY THE ‘RULE OF SIX’

by Geraldine Stephens

LEGAL COMMENT OF THE WEEK

on penalties for under-paying bosses, tech companies and revenge porn and local government finance

APPOINTMENTS OF THE WEEK

Twenty Essex and Browne Jacobson

+ LEGAL DIARY OF THE WEEK

Qatar Claims – Not Banking On It

Concluding today in a hearing before Mr Justice Soole is a claim for costs involving Doha Bank as part of a long-running dispute connected to the Qatari state and allegations of a campaign of intimidation, torture and ‘lawfare’.

Sir Max Hill KC, acting for Syrian victims of the Al-Nusra Front (which it was claimed received Qatar funding via the bank), had told the High Court, in written submissions that their legal claims had been “irreparably compromised” by “a criminal conspiracy by agents acting on behalf of the state of Qatar and/or the defendants.” He described this in court as “unique and unprecedented interference”. Sir Max continued that Qatar was “determined to avoid an outcome from proceedings which might embarrass” around the time of the 2022 World Cup.

On the other side Hannah Brown KC, for Doha Bank, said in written submissions that the bank should be paid its legal costs and that there was “no evidence” that it “sought to interfere” with the proceedings. In any case, Doha Bank is claiming wasted costs in, while Sir Max is arguing that the normal costs rules should be set aside because of the alleged conspiracy.

This had been reported, in fact, to SO15 the Metropolitan Police’s Counter Terrorism Command as far back as November 2020. In its response SO15 indicated that “the scoping exercise concluded that there is information and evidence to support [the allegation of a conspiracy to pervert the course of justice”. Notwithstanding that, SO15 then decided that a full investigation would represent a ‘disproportionate and unreasonable’ use of finite police resources. (A cynic might suggest that this was an admission that there was something dodgy going on but, hey, they had non-crime hate incidents to investigate).

Whatever happens next the serious allegations cast something of a cloud of legal uncertainty over Qatar, the World Cup and everything associated with it. Just ask any football fan.

ESG Networkers Get Down To Work

ESG has become one of the best-known three-lettered nameplates in the business world. But like a lot of other cult acronyms – CIA, BBC, IBA, IBM – it is worth stopping for a moment and asking what does this really stand for?

And that is the purpose ofthe Young ESG Professionals Network which launched in London this week. “Macro, unanswered questions about ESG remain on everything from the role cutting-edge technology can play in ensuring compliance to practical challenges and risks in ESG implementation,” said Kate Chan, Pillsbury Associate and Co-Founder of the Young ESG Professionals Network. “Get ESG right and the benefits can be substantial but get it wrong and companies could find themselves staring down the barrel of significant legal and financial penalties, reputational damage and the loss of business opportunities.”

Seeking to attract a broad range of of ESG specialists and innovators across technology, investment, finance, policy, and non-profit the new network aims to foster cross-discipline collaboration. Whilst there is already increasing interest in ESG there are also significant questions which remain about everything from the scope and depth of ESG requirements through to the effective implementation of ESG best practices.

The launch event embodied the aspirations of the organisation with speakers from across the board ranging through Scott Morton from international law firm Pillsbury to Karl Reimer and ​Donata Haque-Bernutz of KPMG and on to Jaime Marijuán Castro, the Head of Global Partnership and Alliance at Osapiens (an ESG tech platform). The topic for their opening discussion? The use of AI in developing sustainable supply chains and the risks and opportunities that come from supply chain reporting.

“We’ve launched this first-of-its-kind network to offer fresh perspectives to solve the key challenges within ESG,” said co-founder and also a Pillsbury associate Iris Karaman, “There is a lot of commitment, energy and drive within the community of young ESG professionals to make an impact. Rather than being a talking shop, this network is about driving change and innovation through collaboration and sharing knowledge.”

Those interested in joining can find out more here.

Gardner Leader on a Winning Streak

Gardner Leader has been named ‘Law Firm of the Year’ by LawNet, the national network of independent law firms – proving that you don’t necessarily have to be be part of the capital’s elite law firms to be living your best life. (Indeed after enduring the travails of the Elizabeth Line this week London seems like the worst life!).

But this is not a one-off wonder for Gardner Leader. In recent weeks the firm’s Real Estate team was  ‘Law Firm of the Year award at The Royal Berkshire Property Awards, while it also collected ‘Best SME’ at Maidenhead & District Chamber of Commerce (MDCC) Community & Business Awards. Plus it gained a multitude of nominations and recommendations in The Legal 500. And, in fairness, although most of its lawyers are based along the M4 (including in Windsor, Newbury and Swindon) the firm has got a central London office for a bit of metropolitan polish when necessary.

“November really has been an incredible month. Being recognised as Law Firm of the Year at two separate awards is a true testament to the hard work of every member of the team, across all our offices and practice areas.” said Derek Rodgers, the firm’s Managing Partner r. “Industry awards, especially ones where we are being reviewed by our peers against a strong lineup of other quality firms, give us confidence that as a firm our ambitions are on the right track, and we are succeeding in our vision.”

Hats off to that.

Dean Foils the Future

The Forum of Insurance Lawyers (FOIL) has a new President in Howard Dean (left), a Partner at Keoghs. As FOIL itself admits, Dean’s appointment comes as the insurance industry faces some uncertainty ahead. “With a Labour government now in power, the industry  must quickly adapt to the legal and economic changes introduced under its leadership,” it comments. “FOIL will continue acting as a sounding board and providing a voice of reason to its members and their clients as they respond to these pressures.”

The list of challenges it identifies are not surprising but they are chilling – ongoing geopolitical, financial and environmental factors such as the continuation of crises in Ukraine and the Middle East, ESG considerations and inflation are all likely to have an impact on the nature, volume and frequency of claims.

As a solicitor, Dean brings what is described as “an overarching view of the variety that a career in insurance has to offer.” This will be showcased through the wide range of sector-specific issues the organisation plans to focus on this year, including e-scooters and the debate around stricter rules for young drivers, litigation over the new fixed recoverable costs rules and unfixed costs in cases involving expert medical agencies.”

In civil justice alone there are troubling issues ahead ranging through the review of the Personal Injury Discount Rate; recommended changes to the Pre-Action Protocol; the post-implementation review of the Civil Liability Act and the publication of the Whiplash Tariff review. Plus potential changes to the Civil Courts Claims Track and the review of Fixed Recoverable Costs; the Privatisation of Justice; and the ongoing digitisation of the court service. And elsewhere around the UK there are other debates.

So no wonder that Dean said, “Insurers and their lawyers are currently having to grapple with many headwinds, including claims inflation, emerging markets and regulatory change.” Nonetheless he insisted that FOIL would continue to provide a leading voice on the pressing issues impacting our members and their clients.”

Applying AI to Insurance – Give it a HighFive

One of the issues that Howard Dean is certainly having to face is the potential for AI in the insurance sector. In this context the pioneering efforts of HighFive, the technology subsidiary of HF Group, will be particularly interesting. Having already worked on AI innovation with the University of Salford, HighFive is now developing what is called the Spyglass Profiler, ‘a cutting-edge AI-powered intelligence tool designed to enhance the speed, accuracy, and integrity of insurance claims processing’.

“HighFive’s mission is to drive transformative technology in sectors where precision and speed matter most,” explained David Scott, HighFive’s Managing Director. “The Spyglass Profiler represents our dedication to innovation and partnership with academic excellence at the University of Salford.”

Spyglass Profiler takes advantage of advanced AI and data analytics to produce detailed claimant profiles based on vast datasets, supporting legal and insurance professionals in making swift and informed decisions. “The solution promises to set a new benchmark in fraud prevention and operational efficiency for the industry,” they say.

Professor Sunil Vadera, from the University of Salford, noted the importance of the collaboration: “The University of Salford is thrilled to partner with HighFive once again. Spyglass Profiler will push the boundaries of AI in insurance, demonstrating how academic-industry collaborations can create real-world solutions for complex challenges.”

+ CONTRIBUTED ARTICLE OF THE WEEK

THE CHALLENGE OF OPENING UP THE LAW TO NON-TRADITIONAL ENTRANTS: APPLY THE ‘RULE OF SIX’

by Geraldine Stephens

Much progress has been made in recent years in ensuring that a legal career is accessible to everyone – and that we are attracting the best talent, regardless of a person’s background, status or financial situation.

But there is still some way to go.

The barriers to a career in the law can range from financial to simply not having the confidence or awareness to apply for a certain role. By opening up and ensuring we cater to all candidates, we can help to create a more diverse profession, which provides access to a wider variety of people with different perspectives, adding value to the organisation and better serving clients.

This provides an environment where people feel welcomed, valued and heard. And this in turn can improve culture and productivity, and boost loyalty among employees.

Six key ways in which law firms can support “non-traditional” entrants to the law include:

• Engaging with young people, schools and universities. Attend career talks, offer vacation schemes and provide mentorship opportunities. “If I can see it, I can be it” is a phrase which rings true here.

• Review recruitment processes to ensure those from less advantaged backgrounds are not excluded. Offer paid vacation schemes, advertise widely, offer alternative application processes such as Teams interviews and ensure that recruitment panels are diverse in their make-up.

• Be open to alternative progression options – those without degrees for example.

• Ask social mobility and diversity questions in the application process and continue to monitor the data.

• Have inclusive leaders in place – it is important to have leaders who are passionate and committed to driving change.

• Support and join legal networks that champion social mobility, such as the Social Mobility Foundation.

As someone who has forged a career in the law after growing up in a working-class district of Belfast during The Troubles – Twinbrook was blighted by high unemployment, deprivation and suicide and was the home of IRA hunger striker Bobby Sands – I certainly don’t come from a traditional legal background.

Unfortunately, where you come from, what school you went to, what university you attended and what your parents did for a living still has a massive impact on your career and life chances. I certainly feel I’ve always had to “work harder” to prove my worth and because I’ve not enjoyed the advantages of some of the networks of my peers. That is why I am so enthused and genuinely proud that Clarke Willmott is a diverse and inclusive firm that is trying, more than ever, to dismantle inequality while promoting alternative career paths into law and growing talent from within.

Geraldine Stephens is a senior associate in the commercial litigation team at Clarke Willmott’s office in Manchester

+ LEGAL COMMENT OF THE WEEK

TOPIC: The announcement of a crackdown on bosses who fail to pay overseas workers the minimum wage

COMMENT BY: Ashley Stothard, immigration executive, Freeths

“Today’s proposed amendments in the Employment Rights Bill feels like the right step forward in tackling exploitation within the immigration system. Many migrant workers, especially those in the care sector, are experiencing severe labour abuse and exploitation, such as debt bondage and exploitative work conditions.  By enforcing stricter penalties and banning unethical practices, it is hoped that migrant workers are treated with the dignity and respect they deserve. 

“This is a positive move towards a fairer and more just immigration system. The amendments have been made in an early part of the bill’s passage through Parliament, so I am interested to see if they make it into the final draft.”

TOPIC: The local government finance policy statement for 2025-26,

COMMENT BY: Peter Ware, Head of Government, Browne Jacobson

“Enhanced funding for social care and deprived areas is welcomed given the huge challenges being faced in delivering children’s and adult social care, as well as basic services in many parts of the country.

“The government’s application of a funding floor to maintain local authorities’ core spending power is a significant intervention, given the Local Government Association’s (LGA) latest survey in December 2023 found that one in five council leaders or chief executives in England expected they would need to issue a Section 114 notice within two years.

“However, as the government will be all too aware, these commitments are merely a sticking plaster without long-term reform to the local government finance settlement. Councils would prefer a move towards multi-year settlements to help them plan more effectively in place of the current annual settlement complemented by competitive funding pots, which disadvantages those less skilled at bidding.

“In particular, they will hope any new model mirrors the integrated settlements that Greater Manchester and West Midlands combined authorities will receive from 2025/26. All eyes will therefore be on the upcoming English Devolution White Paper, which is expected to set out reforms to establish a simpler financing structure.

“In the meantime, local authorities must begin preparing for any changes to how they access central government funding by ensuring they fully understand – and, more importantly, can demonstrate to Whitehall – the investment needs in their area”

TOPIC: The obligations on tech companies to remove revenge porn

COMMENT BY: Mona Schroedel, Managing Associate, Freeths

“Bias is a recurring theme and problem for all online interactions. Women are traditionally more prone to negative bias and so are conditioned to look out for it. In the world of AI algorithms and individualised content targeting, everyone is equally as prone to be a target of harmful content. From a legal perspective, various measures are being introduced to regulate and limit the impact of online harms and the Online Safety Act 2023 has introduced new statutory laws to deal with this.”

The Online Safety Act is specifically designed to make children’s experiences of the online world safer, but it also places obligations on tech companies to prevent or remove illegal content such as revenge porn. Sadly, that will not be quite enough to stop women being targeted with dieting advice or men receiving misogynistic content purely based on their gender identity.”

+ APPOINTMENTS OF THE WEEK

TWENTY ESSEX

Commercial chancery barrister Mark Baldock has joined Twenty Essex. Called to the England and Wales Bar in 2019 Baldock was previously with Three Stone as well as spending a short time as a judicial assistant in the Chancery Division of the High Court.The Legal 500 UK Bar guide has identified Baldock as a Rising Star in commercial litigation.

He now practises across commercial disputes in both litigation and arbitration, with a particular focus on matters involving civil fraud, insolvency and company law. He also has experience of offshore matters, including recently in a substantial dispute before the Grand Court of the Cayman Islands regarding damages for a broker’s unlawful sale of shares.

Philip Edey KC and Charles Kimmins KC, co-heads of chambers, said,“We are delighted to welcome Mark as a new member of Twenty Essex, and an exceptional addition to chambers’ commercial chancery practice. Given the importance of large-scale, complex international commercial disputes, Mark’s broad expertise further enhances our ability to put forward outstanding multidisciplinary teams equipped to handle the biggest cases – in the English courts, offshore jurisdictions and beyond.”

BROWNE JACOBSON

Claire Archibald has joined Browne Jacobson as Legal Director in the data compliance team within its Education practice. Previously with the Education Data Hub at Derbyshire County Council, where she led a data protection officer (DPO) service that grew from a handful of clients to one of the leading providers of DPO services to schools, Archibald won the Champion of the Year Award at the PICCASO (Privacy, InfoSec, Culture Change and Awareness Societal Organisation) Awards Europe, which recognises people making an outstanding contribution to the fast-growing data privacy sector.

“Supporting schools to get on the front foot when it comes to data protection compliance means they are less likely to experience organisational risk and stakeholder dissatisfaction, making their work less stressful,” said Archibald.

“Our aim is for schools, and their stakeholders, to feel confident in their data protection compliance programmes. We’re excited to bring this mission to the Browne Jacobson education team to ensure our services provide school staff and their DPOs with the expertise and resources to increase their knowledge and confidence.”

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