Weekly Notes: legal news from ICLR, 14 October 2024
This week’s roundup of legal news includes employment law, crime, family law, civil courts, law reform, and snails. Plus recent case law and commentary.
Recent legal news
Employment law
Big business has apparently been expressing anxiety over the likely effect of changes to the rights of employees in the workplace: will it stifle enterprise or boost productivity?
The Bill enacts many of the proposals in Labour’s Plan to Make Work Pay, the full implementation of which was promised in Labour’s Manifesto, including steps towards ending “exploitative” zero-hour contracts, a statutory probation period for new hires, and the removal of the two-year qualifying period for claims to unfair dismissal.
UK Labour Law blog: From ‘Fairness at Work’ to ‘Making Work Pay’: A Preliminary Assessment of the Employment Rights Bill.
Free Movement: What are the immigration dimensions to the new Employment Rights Bill?
Guardian: Labour’s employment rights bill: what key changes will it bring?
Standard: I fear Labour’s Employment Rights Bill will stifle business growth not nuture it
BBC: Starmer defends workers’ rights as ‘pro-growth’
Parliament: Employment Rights Bill (as introduced)
Criminal courts
While the backlog in criminal cases awaiting trial continued to grow egregiously under the previous government — blamed variously on covid lockdowns, barristerial strikes and chronic underinvestment — it was widely believed that the new Labour administration would prioritise a dramatic improvement. After all, the Prime Minister is a former Director of Public Prosecutions and we have a new Lord Chancellor and a new set of law officers at the Ministry of Justice. But no such luck. Apart from the quick burst of busy-ness prompted by the summer riots (see last week’s roundup), the criminal justice system seems just as mired in backlogs as before, if not more so.
Financial Times: How the English courts reached breaking point (“If justice delayed is justice denied, then English courts are regularly denying justice.”)
The Times: Justice delayed as minister snubs plan to cut courts backlog (“Shabana Mahmood has told the lady chief justice, the most senior judge in England and Wales, that ministers will not finance a significant boost to the number of judicial sitting days so the criminal courts can sit at full capacity.”)
Independent: Courts crisis laid bare as some new trials not due to start until mid-2027
Joshua Rozenberg (A Lawyer Writes): Justice delayed. (If justice is denied, he says, the judges must speak out. In this instance, it is also the Victims’ Commissioner, Baroness Newlove who is speaking out.)
Victims’ Commissioner: Annual report: Victims’ Commissioner reflects on ‘challenging’ year for victims and the criminal justice system
The only thing that seems to be working efficiently (though not necessarily justly) is the largely automated Single Justice Procedure, described as “conveyor belt justice” in a report by Standard courts reporter Tristan Kirk, for which he won this year’s Paul Foot award for investigative journalism. The SJP is often used for what are essentially private prosecutions by transport operators over fare dodging. As a recent example of the latter demonstrates, the operators don’t always make it easy to buy the right tickets. But earlier in the summer, a judge threw out a number of such cases as an abuse of process, and one can only hope others will be similarly vigilant to focus more on the justice, and less on the singlemindedness, of the single justice procedure.
BBC: ‘I’m facing court over £1.90 rail ticket error’
The Times: Thousands of train fare evasion prosecutions to be quashed
BBC: Under-25s fined for minor mistakes — how rail tickets are confusing passengers
Family courts
On the family law front things are almost as bad, as Sir Andrew McFarlane, the President of the Family Division, made amply clear in his last View from the President’s Chambers. The Transparency Project summarised it all in An update on the family courts from ‘top judge’.
Domestic abuse continues to feature prominently in the problems sought to be addressed by the courts, though progress is slow.
Local Government Lawyer: Cafcass adopts new policy to protect victims of domestic abuse in court system
Cafcass: Domestic abuse practice policy
New guidance on the Reporting Pilot now operating in 19 family courts was issued by the President’s office during September.
For other family court news and cases, see Transparency Project: Family Court Reporting Watch Roundup
Civil courts
On the civil law front, things appear to be marginally less desperate. In a recent speech the Attorney General talked up the rule of law and its value to commerce and economic growth.
Britain has many commercial advantages, but one of our greatest is the trust that businesses can have in our courts and the confidence they can have in a stable and transparent business environment, underpinned by a strong rule of law.
He was speaking to the Bingham Centre for the Rule of Law, so perhaps that was bound to be his theme. He seemed to be saying that our courts are open for business, which would be lovely if it were true. They certainly aren’t open for crime or family cases.
Joshua Rozenberg (A Lawyer Writes): UK open for business
Supreme Court
One court that covers all these areas is the UK Supreme Court, which this month celebrates its fifteenth birthday. As well as being our apex court and a beacon of transparency and open justice, it soon became a popular tourist destination, according to the Daily Mail, receiving a ‘certificate of excellence’ on TripAdvisor after ‘rave reviews’. Constitutionally it makes a lot more sense than the old Appellate Committee of the House of Lords, which it replaced, albeit with equivalent personnel and jurisprudence.
Among the tributes paid was one by David Allen Green on his Law and Policy Blog: Happy birthday, Supreme Court: the fifteenth anniversary of the United Kingdom’s highest court (though he’s not a fan of the carpet design).
For a more visually artistic appreciation, may we continue to recommend The Supreme Court — A Guide for Bears, by Isobel Williams (reviewed when the court was a mere eight years old).
Law reform
The Law Commission has been keeping busy. As well as launching a massive consultation on Contempt of Court, it is also looking into reforming Burial and Cremation law (though apparently not the regulation of funeral directors, which has been in the news); and is also seeking the public’s views on Disabled Children’s Social Care.
Law Commission: Contempt of Court (consultation deadline 29 November 2024)
Law & Religion UK: Law Commission consultation on burial and cremation law
Law Commission: Burial and Cremation (consultation open until 9 January 2025)
The Times: Funeral watchdog needed to stop directors ‘keeping bodies in garages’
Law Commission: Disabled Children’s Social Care (consultation open until 20 January 2025)
Recent case summaries from ICLR
A selection of recently published WLR Daily case summaries from ICLR.4
ARBITRATION — Seat of arbitration — Applicable law: Investcom Global Ltd v PLC Investments Ltd, 03 Oct 2024 [2024] EWHC 2505 (Comm); [2024] WLR(D) 435, KBD
CHILDREN — Custody rights — Breach: AB v CD, 03 Oct 2024 [2024] EWHC 2521 (Fam); [2024] WLR(D) 432, Fam D
COMPANY — Reorganisation of debt — Company in financial difficulty: UK Commercial Property Finance Holdings Ltd v Cine-UK Ltd (Crown Estate Comrs v Cine-UK Ltd), 30 Sep 2024 [2024] EWHC 2475 (Ch); [2024] WLR(D) 418, Ch D
CONFLICT OF LAWS — Jurisdiction — Pleadings: Viegas v Cutrale (personal representative of the estate of Cutrale, decd) (Sanches v Cutrale (personal representative of the estate of Cutrale, decd)), 02 Oct 2024 [2024] EWCA Civ 1122; [2024] WLR(D) 420, CA
CONSUMER PROTECTION — Contract — Unfair terms: Glaser v Atay, 03 Oct 2024 [2024] EWCA Civ 1111; [2024] WLR(D) 427, CA
FINANCIAL SERVICES — Financial Conduct Authority — Notices: Financial Conduct Authority v BlueCrest Capital Management (UK) LLP, 02 Oct 2024 [2024] EWCA Civ 1125; [2024] WLR(D) 421, CA
INJUNCTION — Freezing order — Application: Unitel SA v Dos Santos (Isabel dos Santos v Unitel SA), 30 Sep 2024 [2024] EWCA Civ 1109; [2024] WLR(D) 433, CA
INSURANCE — Reinsurance — Contract: Unipolsai Assicurazioni Spa v Covéa Insurance Plc, 30 Sep 2024 [2024] EWCA Civ 1110; [2024] WLR(D) 423, CA
INTERNATIONAL LAW — State immunity — Act of state: Shehabi v Kingdom of Bahrain, 04 Oct 2024 [2024] EWCA Civ 1158; [2024] WLR(D) 425, CA
PRACTICE — Case management — Financial remedies proceedings: GH v GH, 03 Oct 2024 [2024] EWHC 2547 (Fam); [2024] WLR(D) 422, Fam D
Recent case comments on ICLR
Expert commentary from firms, chambers and legal bloggers recently indexed on ICLR.4 includes:
2 Hare Court: Island hopping in a sea of evidence: Roach v General Medical Council [2024] EWHC 1114 (Admin), KBD
Local Government Lawyer: Claimant group wins judicial review over retrospective effect of quashing of pre-commencement condition discharge: R (Friends of the West Oxfordshire Cotswolds) v West Oxfordshire District Council [2024] EWHC 2291 (Admin), KBD
Local Government Lawyer: Claimant in personal injury case against council penalised over “unrealistic and inappropriately ambitious” approach to estimated costs: Peter Jenkins v Thurrock Council [2024] EWHC 2248 (KB), KBD
Free Movement: Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors: R (Ghadam) v Secretary of State for the Home Department [2024] UKUT 281 (IAC), UT
Financial Remedies Journal: A v M (№2) — Construing a Court Order After the Unforeseen Occurs: A v M (No 2) [2024] EWFC 214, Fam Ct
Mental Capacity Law and Policy: Outsourcing and the Human Rights Act 1998 — the consequences: Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB), KBD
Gatehouse Chambers: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent: King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 719; [2024] 2 Lloyd’s Rep 140; [2024] WLR(D) 298, CA
Local Government Lawyer: Positive action v positive discrimination: how to avoid crossing the (thin blue) line: Turner-Robson and others v Chief Constable of Thames Valley Police, Judgment PDF, ET
Local Government Lawyer: Protected beliefs and pronouns policies: Orwin v East Riding of Yorkshire Council, Judgment PDF, ET
Free Movement: Tribunal forces Home Office to publish report on the racism that underpinned the Windrush scandal: Coombs (James) v Information Comr [2024] UKFTT 804 (GRC), FTT
Free Movement: High Court grants interim relief for immigration detainee with pending Proceeds of Crime Act proceedings: R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), KBD
UK Human Rights Blog: Paterson v UK: Parliament and Human Rights in Strasbourg: Paterson v UK (Application no. 23570/22), ECtHR
Nearly Legal: Section 21 and Gas Safety Certificates — what’s in a name?Barakzai and Barakzai v Fenech and Fenech, 19 Sep 2024 (unreported), County Ct
Local Government Lawyer: High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service: Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin), KBD
2 Hare Court: Sufficiency of directions in cases involving delay and prejudicial material: Dutta v General Medical Council [2024] EWHC 1217 (Admin), KBD
AND FINALLY…
Alleged Tax Dodger Says It’s a “Legitimate Snail-Farming Operation”
Earlier this month Lowering the Bar picked up the story, first investigated by the BBC, about a tax dispute before the Liverpool City Council regarding a downtown office space.
It’s a dispute that turns, as so often happens, on answering the question “when is a vacant office business actually a legitimate snail-farming operation”?
Given the importance of snails to the development of the common law (see Donoghue v Stevenson [1932] AC 562), we feel it’s important to follow the trail of the snail of a story like this, even if it doesn’t actually lead to a whale of a tale in the end. (With apologies to Julia Donaldson.) According to Lowering the Bar:
In this case, the council says the ground-floor office space at 9 Dale Street is currently empty and the firm renting it should be paying full business rates. The firm and its landlord disagree, saying the space isn’t empty and is being put to an “agricultural use.” Specifically, the space is occupied by fifteen (15) crates each containing at least two (2) snails.
Apparently there is existing case law on this wheeze: see Isle Investments Ltd v Leeds City Council [2021] EWHC 345 (Admin), in which a similar scheme was found to be a sham. So, lest you be tempted to lease out l’escargot, it may not be such a crate idea.
BBC: Snail farm in city office sparks tax avoidance probe
That’s it for now! Thanks for reading, and make sure you’re signed up for our email alerts (see below).
This post was written by Paul Magrath, Head of Product Development and Online Content. It does not necessarily represent the opinions of ICLR as an organisation.
Featured image: Photo by Riadh Dallel via Pexels.
