Churchill v Merthyr Tydfil
Last week, the Court of Appeal heard Churchill v Merthyr Tydfil, which could have far-reaching implications for the way civil disputes are resolved.
The Gazette runs an in-depth piece on the case and notes the Law Society’s intervention and our “strong reservations” over whether it is suitable case to challenge Halsey v Milton Keynes General NHS Trust [2004], adding that while “independent” alternative dispute resolution will often be in the parties’ best interests, and compulsory referral will not necessarily be unlawful in all cases, it would be better to such cases to be considered in the round, rather than constrained by the individual facts of the case before the court.
Commitment to net zero
Solicitors Journal covers the Law Society’s commitment to be net zero by 2030.
President Nick Emmerson is quoted, saying: “We are committed to becoming net zero by 2030 and plans to reduce our direct and indirect emissions are already underway.”
Israel-Gaza
Legal Cheek reports about an open letter from 400 hundred lawyers and paralegals about a call for the profession’s legal bodies, including the Law Society, Bar Council and the Chartered Institute of Legal Executives, to condemn “multiple breaches of international law” in the Israel-Hamas conflict.
A Law Society spokesperson said: “The events in the Middle East are a source of grave concern to the international community and we recognise the suffering and distress of people within the region and around the world which flows from these terrible events. We are aware of public statements issued by certain legal institutions with a specific international and human rights remit. Those statements highlight issues of international and humanitarian law that must be respected by all involved.
“Our more limited remit in situations of international conflict is through our Lawyers at Risk programmes. We support legal professionals worldwide who are hindered in carrying out their profession because of the cases they work on or the clients they represent, including through threats, intimidation, disciplinary measures, arbitrary arrest, detention and prosecution, disappearance and murder. In this way, the programme aims to raise awareness of the risks and challenges associated with being a lawyer and highlight the importance of an independent legal profession.
“We have not to date formed the view that a public statement would support the aims of the Lawyers at Risk programme, but we will keep this under review.”
Law firm residual balances
Legal Futures writes about legal finances, mentioning the Law Society’s guidance to review outstanding client balances at least every six months.
Lawyers at risk
A Gazette article from last week includes a section on the work of the Law Society’s International team, namely looking at the Lawyers at Risk programme.
President Nick Emmerson said: “Our Lawyers at Risk programme supports lawyers who are targeted when carrying out their professional duties through threats, intimidation, arbitrary arrest, detention and prosecution, disappearance and even murder. In this way, the programme highlights the importance of an independent legal profession.”
“We stand in solidarity with legal professionals around the world, who put their lives at risk so that people’s rights are protected and those who violate them are held accountable. We will continue to work to support them and to contribute to building strong, fair justice systems across the globe.”
International policy manager Debra Long said: “Lawyers play a fundamental role in upholding rule of law and separation of powers to ensure that laws are applied equally and fairly to everyone, and that no one is above the law.
“If lawyers are persecuted when carrying out their professional duties this can have a chilling effect. It leaves individuals at risk of unfair trials. Public trust in the judicial system, as well as the legal profession generally, will be weakened. It can also lead to self-censorship and a reluctance by lawyers to act, diminishing the availability of independent, effective legal representation for individuals.”
Also worth a read:
- Rwanda migrants plan must go ahead – Telegraph
- Rolling coverage of cabinet reshuffle – BBC News, Guardian
- MoJ proposals to raise court fees – Gazette
- Illegal immigrants may be blocked from using Human Rights Act to remain – Telegraph (£)
- UK M&A laws change in attempt to revive stock market – FT (£)
- Explainer for rental tenants who need help – Guardian