Category: General

International Women’s Day (March 8) is a global day celebrating the social, economic, cultural and political achievements of women everywhere. It is a celebration of women’s rights. The first International Women’s Day gathering was in 1911 and was supported by over a million people in Austria, Denmark, Germany and Switzerland.

It is difficult to say when International Women’s Day began. It can be traced to 1908, when over 15, 000 women marched in New York City demanding voting rights, better pay and shorter working hours. In 1910, Clara Zetkin, leader of the women’s office for the Social democratic party in Germany proposed the idea that every country should celebrate on the same day ‘Woman’s Day’.

It was a time when, in the UK, woman weren’t actually considered to fall under the category of ‘people’ by the legal profession. In 1913 In Bebb v The Law Society, the Court of Appeal ruled that women could not be solicitors. Section 2 of the Solicitors Act 1843 provided that “No person shall act as an Attorney or Solicitor […] unless such Person shall after the passing of this Act be admitted and enrolled and otherwise duly qualified as an Attorney or Solicitor, pursuant to the Directions and Regulations of this Act.” Gwyneth Bebb had applied to the Law Society to sit preliminary examinations, with a view to becoming a solicitor to which she had been refused. In summary the verdict was, no woman had ever been a solicitor before so, clearly, the Act wasn’t intended to include women. Lord Justice Swinfen Eady concluded that ‘if there is to be any change from the ancient practice, it is a change which must be effected by Parliament, and the law must be altered’. Thankfully, there has been great changes from the position in 1913 re-enforced by the Human Rights Act, which prohibits discrimination on the basis of sex.

Eliza Orme was the first woman to gain a law degree in 1888 but at this time females were still not allowed to be admitted as solicitors. Only in 1919 did the Sex Disqualification (Removal) Act come into force amending the Law with respect to disqualifications on account of sex, letting woman become lawyers. Dr Ivy Williams was the first woman to be called to the Bar in 1922. She joined Inner Temple as a student in 1920. Dr Williams never practiced, but she was the first woman to teach law at University. Helena Normanton became the first woman to practise as a barrister in England. At first her application to Middle Temple in 1918 was refused, but after the Sex Disqualification (Removal) Act came into force, she was admitted to Middle Temple in 1922.

International Woman’s Day is celebrated in many countries around the world. It is a day when women can be recognised for their achievements in economic, legal and political spheres. The world can appreciate the significant changes in women’s and society’s thoughts about women’s equality. Great improvements have been made but a lot more remains to be done.

For more information, please visit
https://www.internationalwomensday.com/

Whitestone Chambers ©
8 March 2019
www.whitestonechambers.com

Brand new technology is arriving on our door step. From brick phones to smart phones to wireless technology we are now embracing the fifth-generation cellular, known as 5G.

The new innovation will drastically affect other devices, such as security cameras, industrial robots, drones and cars that communicate traffic data.

5G will override the looks of 3G and 4G, by allowing people to download digital media, including whole movies, in seconds. The new market creation will revolutionise video games, sports, shopping and social media, by taking digital media to a whole new level.

What is 5G?

Essentially 5G defines the incoming of a mobile cellular network together with radio performance, computer components and antennas covering radio signals and exchanging data. To benefit from 5G, users will need to purchase new mobile phones.

The speed of 5G is dependent on your location and your mobile cellular.

Qualcomm, a wireless component creator, has said after complete testing the 5G download speed is 4.5 gigabits per second. Median speed is indicated as approximately 1.4 gigabits per second. Fast paced 5G will vastly increase the speed of video streaming.

5G has been designed with the view to reduce latency to milliseconds as well as being a reliable source for sending out signals.

When is 5G coming?

T-Mobile will be rolling out 5G in 30 Cities in the US by the end of 2019. First, they will be launching 5G in New York, Los Angeles, Dallas and Las Vegas. Meanwhile three telecom companies in South Korea have launched a 5G servicing for manufacturing clients on December 1st, 2018.

EE has successfully completed a 5G trial in the UK.

When shall I buy a 5G smartphone?

It is suggested to wait until late 2019 or even 2020 to purchase a 5G handset. In a future article we will set out what 5G enable phones will be on the market in 2019. As regards iPhone users, Apple have not yet selected a 5G modem supplier hence the first time iPhone will come with 5G is in 2020 when the iPhone 12 is released.

© 2019 Whitestone Chambers

www.whitestonechambers.com

law@whitestonechambers.com

Posted by Adam Richardson.

1. Apple and Samsung’s ongoing legal battle is over.
   A legal battle that nobody thought would ever end. Eventually both tech companies settled out of court after arguing all the way up to the supreme court for seven years. The dispute was over ‘stolen tech’.

2. Supreme Court weighs in on location data.
   The Supreme Court ruled that if your past location data needs to be accessed, the law enforcement must attain a warrant. Prior to this, authorities were able to retrieve the data from a third party with access to that data.

3. The death of Stephen Hawking.
   Stephen Hawking died at his home in Cambridge on 14/01/2018. He died at 76 after having suffered from Motor Neurone Disease. He was a remarkable physicist and an author.

4. 2018 World Cup winners.
   France won the World Cup 2018 final in a six-goal battle against Croatia. France last won in 1998, when they hosted their winning tournament. England had a successful but ultimately disappointing tournament losing out in the semi finals to Croatia.

5. A Royal wedding.
   The Duke and Duchess of Sussex tied the knot at Westminster Abbey on 19/05/2018. 29 million viewers watched the wedding.

6. Salisbury poisoning.
   An ambulance found an ex Russian spy and his daughter severely ill on a bench in Salisbury. It has been said they were poisoned by a nerve agent in an attack by the Russian State. Their condition was critical for weeks, they have been since discharged and now they live in a secure location.

7. Iceland ensures equal pay for men and women.
   Iceland became the first nation to make paying men more than women illegal. Passed on Women’s Day the year earlier, the bill makes it mandatory for companies employing 25 or more workers to pay men and women equally.

8. Last male northern white rhinoceros dies.
   Sudan died at the Ol Pejeta Conservancy in Kenya. Now only two female species remain they are his daughter and granddaughter. There is no hope for more of the spices, unless alternative IVT techniques are developed.
9. Thai cave rescue comes to successful end.
   Members of a junior football team were found trapped in a cave in Chiang Rai Province. The incident happened due to heavy rainfalls. However they were safely rescued 18 days later. The Elon Musk story will rumble on in 2019.

 

 

It is a common fact that people are naturally bad at selecting tedious and obscure personal identification numbers (PIN). The most common PIN is the staggeringly predictable  ‘1234’.Whilst that is bad, the list of top 15 most common PINs is also an obvious read.

Top 15 pins;

1. 1234
2. 1111
3. 0000
4. 1212
5. 7777
6. 1004
7. 2000
8. 4444
9. 2222
10. 6969
11. 9999
12. 3333
13. 5555
14. 6666
15. 1122 (https://gizmodo.com/5946582/the-20-most-common-pins-are-painfully-obvious)

Yet people still think they have a ‘tough enough’ PIN, despite most people’s being entirely guessable. The percentage of PIN hacks has increased in 2018 by 12% leaving it at 54%.. Let’s hope we can reduce this percentage in 2019.

So, how to come up with a good PIN? First tip, avoid all the choices above! Pick something slightly more mysterious. For example the year or date of a memorable trip you took, the year a particular country  won the world cup, the last four digits of your work/mobile number or even your childhood home phone number.  Choosing the most obvious PIN is problematic for bank cards, phones, computers and even PIN locks. It is common knowledge now that people tend to use memorable dates backwards, so this should also be avoided.

So, be smart, be creative and stay safe.

 

Does the house always win? Not if responsibility isn’t voluntarily assumed

Banca Nazionale del Lavoro SPA v Playboy Club London Limited and others [2018] UKSC 43

Whilst a trial judge had found that duty of care is owed to a party’s undisclosed principle, the Court of Appeal disagreed. The issue before the Supreme Court was whether a bank was liable for a negligent credit reference to an undisclosed principal whom had relied upon it.

Pursuant to their policy, Playboy Club London, (‘the Club’), requires credit references for the use of their cheque-cashing facilities at their club. However, to avoid disclosing the purpose of the reference, the Club utilises Burlington Services Ltd, (‘Burlington’) to request these references from the banks of gamblers.

In October 2010, Hassan Barakat wished to gamble in London. Being ‘on behalf of Burlington’, the Club’s bank forwarded his authorisation to BNL to provide ‘a reference on [him] to Burlington’. BNL confirmed to the Club’s bank that Mr Barakat was trustworthy and the “information is given in strict confidential” (sic).

In reliance on this, the Club granted Mr Barakat the cheque cashing facility, in which he drew two cheques for £1.25million. After Mr Barakat returned to Lebanon, the Club lost £802,940 when both cheques returned unpaid. It was common ground that BNL had no reasonable basis for the reference as Mr Barakat opened an account with nil balance 2 days after the reference was sent.

The Supreme Court examined the landmark authority of Hedley Byrne v Heller & Partners [1964] AC 465,whereby it was inferred that Hedley Byrne’s bank was acting for its client and not itself for the purposes of entering into a particular transaction, hence Heller had voluntarily assumed responsible for the credit reference.

Additionally, Caparo Industries v Dickman 1990] 2 AC 605 was considered, in which the foundation of the duty was held to be ‘proximity’, which required more than mere foreseeability of reliance. The Defendant must know that the statement would be communicated to the Claimant and that they would likely rely on the statement to enter into transactions. To prevent the Defendant from owing a duty to the world at large, the Claimant must be an identifiable individual or class.

Further, Lord Sumpton was not persuaded by the Club’s ‘undisclosed principle’ comparison on the basis that legal incidents of contractual relationships could not be imported into tortious relationships. Thereby, the Supreme Court dismissed the Club’s appeal and held that BNL had not voluntarily assumed responsibility because BNL did not know that the statement would be communicated and relied on by the Club since it was sought by the Club’s bank ‘on behalf of Burlington’ only.

Despite the lack of sympathy for BNL, this judgment is welcomed as a helpful reiteration of the stringency of the Hedley Byrne principle. Banks cannot be liable to strangers for any purpose for unlimited periods of time, therefore to satisfy the Hedley Byrne ‘special relationship’ requirement, it is prudent to ensure that the particular transaction and person likely to rely on the statements are both known to invoke a proximate relationship which would give rise to a duty of care.

Lastly, voluntary assumption of responsibility has once again been upheld as a fundamental pillar of duty of care, whereby courts are reluctant to impose duty where ‘proximity’ is not established. This judgment thereby serves as a warning that liability will arise if the person likely to rely on the statement is identifiable and the purpose of the representation in connection with a particular transaction is known.

Portia O’Connor won a landmark decision earlier this month when the Supreme Court unanimously decided to allow her appeal against the Bar Standards Board (BSB) and find that her claim was not time barred.

This decision stems from a line of litigation starting in 2010 when the BSB Complaints Committee brought 6 disciplinary charges against Ms O’Connor.  In May 2011 the Disciplinary Tribunal found 5 out of the 6 allegations proved. Ms O’Connor appealed to the Visitors of the Inns of Court who overturned the decision.

Following her appeal, in 2013 Ms O’Connor issued proceedings against the BSB alleging a violation of Article 14 of the European Convention on Human Rights read in conjunction with Article 6 ECHR, contrary to section 6 of the Human Rights Act 1998 (HRA 1998).

The BSB argued that Ms O’Connor’s claim was time barred under section 7(5)(a) of the HRA 1998. This section prescribes a time limit to bring proceedings of 1 year from the date on which the act complained of took place.  The BSB contended that under this statute time started to run from the moment the initial Disciplinary Tribunal found the allegations against Ms O’Connor as proved and therefore the time limit for bringing a claim expired in 2012. Ms O’Connor submitted that time should run from the verdict of the Visitors of the Inns of Court in August 2012.

In 2014, Ms O’Connor’s claim for compensation was struck out with the reason being that it was time barred and in any event the evidence did not support such a claim. Ms O’Connor appealed. Mr Justice Warby ruled that her appeal should be allowed in relation to her human rights claim, but that nevertheless it was time barred.

Ms O’Connor took her dispute to the Court of Appeal where the then Master of the Rolls, Lord Dyson, held that the one-year limitation period under the Human Rights Act 1998 to challenge the BSB ran from when the disciplinary tribunal reached its initial verdict. She was given permission to appeal to the Supreme Court.

The Supreme Court were asked whether the disciplinary proceedings constituted a single continuing act or a series of discrete actions for the purposes of the HRA 1998. The Supreme Court held that the disciplinary proceedings formed a single continuous act even though it consisted of separate steps. This meant that the limitation period commenced when the Visitors of the Inns of Court overturned the Disciplinary Tribunal’s decision in August 2012 not when the allegations against Ms O’Connor were found proved in 2011. The result is that Ms O’Connor was within time when she issued proceedings against the BSB in February 2013.

There will be another court case to determine the merits of Ms O’Connor’s claim however the current decision is set to cause waves in the world of disciplinary proceedings.

Robert Pidgeon

© 2017 Chambers of Lawrence Power

Litigation funding appears set to continue its exponential growth, with litigation funder Longford Capital Management LP announcing in September of this year that it had managed to raise a $500 million fund to support its litigation portfolios.

Longford Capital is a private investment company that provides funding to law firms, businesses, and individuals involved in large commercial disputes. Typically, this means claims worth between $25 million and $1 Billion.

Litigation funding covers lawyer’s fees and expenses incurred during litigation, in return for a piece of the settlement/ judgment if the case is successful. If unsuccessful, the client does not owe the funder anything. This form of investment seems to be attracting investors from numerous sectors looking to take advantage of this new asset that isn’t tied to more traditional markets.

This fund positively dwarfs Longford’s previous litigation fund of $56.5 million. In a press release, it was stated that they had, “already committed $100 mil for new investments”. Longford also announced the Limited Partner Advisory Committee for this fund which consists of five high profile investors:

• John A. Beirne, Jr., Founding Partner and Chief Investment Officer of Beirne Wealth Consulting Services, LLC.
• Michael D. Bills, Founder and Chief Investment Officer of Bluestem Asset Management, LLC
• T. Bondurant French, Executive Chairman of Adams Street Partners, LLC.
• Edward M. Liddy, former Chairman, President and CEO of The Allstate Corporation, former member of the Board of Directors and Chairman of the Audit Committee of The Goldman Sachs Group, Inc.
• Jeffrey N. Vinik, former manager of the Fidelity Magellan Fund.

William H. Strong, Chairman and Managing Director of Longford Capital, when speaking of “Fund II”, stated that Longford was able to attract over $1 Billion dollars in interest and that “enthusiasm for litigation finance is also growing among the investor community”.

However, with such success comes competition. Other companies like Burford Capital made $488 million in new investments in the first half of 2017 and, closed its own $500 million fund to invest in litigation-related complex strategies in July of this year. As a result, the competition may cause the profit margin to shrink. There may also be trouble brewing on the horizon with the new Fairness in Class Action Litigation and, Furthering Asbestos Claim Transparency Act of 2017 which is currently before the US senate. This bill was introduced by The Institute for Legal Reform amidst concerns that litigation funding may be driving litigation strategy and as a result of calls for transparency relating to third party litigation funding. However, until that bill becomes law and the impacts are seen it looks like litigation funding isn’t slowing down anytime soon.

We expect to see the growth of the litigation funding market develop at double digit rate in 2018.

© 2017 Chambers of Lawrence Power

The Head of Chambers sponsored female members of chambers to take part in the Women’s Forum. We were delighted to attend the Temple Women’s Forum Garden Party last week. This annual event was kindly ran by the Temple Women’s Forum, an organisation set up in 2012 with the view to supporting and encouraging women practitioners and judges throughout their careers at the Bar or in the Judiciary. The event, however, was not just about the Bar. It was a celebration of women in all areas of the legal profession, including barristers, solicitors, in-house lawyers, judges, legal academics and students, proving a wonderful opportunity for networking across these different areas. Attendees enjoyed music, canapés and speeches from The Right Honourable Lady Justice Macur DBE, Her Honour Judge Deborah Taylor and Rachel Langdale QC.

Chambers used this opportunity to allow members from all different stages of their career to attend and network with other legal professionals. We had a wide cross-section of members in attendance, including interns, former interns, pupils and those in their second six. They have recounted their experiences below.

Katie Hand, former legal work experience:

“I was invited to attend the garden party after completing a work experience placement in the previous month, and the event gave me the chance to see various members of Chambers again, whilst talking to others in different professions of law and stages of training. The evening was both incredibly enjoyable and useful, as I received much advice with regards to pursuing a career in law. The event was fantastic and I am grateful for the opportunity to have attended.”

Dinuka Kottegoda, foreign qualified lawyer:

“The Temple Women’s Forum Cross-Profession Networking Garden Party provided a great platform to meet and network with other legal professionals. The most unique feature being that it was not limited to barristers. It was an open forum Solicitors, legal administrators, students and foreign qualified lawyers could meet and mingle. I was grateful, that, as a foreign lawyer, I was given the opportunity to be a part such an event. It was directly designed to help support women in the legal field by networking and sharing experiences. I met Christine Kings, Director of Outer Temple Chambers, whom I have thereafter kept in touch with via LinkedIn. I also met another foreign qualified lawyer whose sister I was able to help with the QLTS. Learning from and helping others in this way was the purpose of the event and in my experience, I believe it was achieved and a success.”

Mina Heung, foreign qualified barrieter, second six pupil:

“I really enjoyed the Temple Women’s Forum Cross-Profession Networking Garden Party and thought that it was a great way to meet new people. Everyone was very friendly and willing to offer advice and interesting stories about their experience in the legal profession. It was a wonderful opportunity to be able to meet so male female practitioners in one place. I am grateful for the experience and look forward to next year!”

Claire Watt, legal intern:

“This was a great insight into what life at the Bar will be like. I was able to meet lots of other female legal professionals and ask questions about the Bar that I wouldn’t normally be able to do in an interview environment. It was reassuring to see so many women who have made successful careers in law and I have been inspired by their ambition. It was also interesting to meet the very supportive Andrew Langdon QC, who took the time to ask me about my legal studies so far.”

Amrit Dhanoa, first six pupil:

“Attending the networking event was particularly enjoyable as it provided an opportunity for women and men across the legal profession to interact and share their experiences. As a first-six pupil, it was a worthwhile opportunity to speak to a number of different individuals within the profession and hear about their experiences of entering and working in the legal sphere. As somebody just starting out their career at the Bar, it was comforting to see the supportive and collegiate atmosphere that exists.

It was encouraging to see so many women attend and as The Rt Hon Lady Justice Macur DBE said in her welcome address, the glass ceiling that once existed as women tried to work their way up the profession, balancing the joint challenges of career development and raising their families, has now been shattered and women have rightly earned their place at the top of the legal profession.”

Over the weekend, Whitestone Chambers newest tenant, Matthew Gillett, went viral on Twitter and made it onto the sport’s pages of the BBC website following a sartorial slip.

Matthew is a Bristol City fan and season ticket holder. He pre-ordered the away shirt for the forthcoming 2017/18 season and when it arrived, all looked to be in order. However, after having worn it for a marathon training run, he discovered that the label with the washing instructions was emblazoned with the Oxford United badge.

Matthew tweeted Bristol City FC to enquire whether this was an isolated or a more widespread problem. After being picked up by the supporters’ club, the tweet soon went viral (https://twitter.com/MTG1897/status/878584442603929600).

The story was picked up first by Bristol’s leading paper, the Bristol Post, and then covered by the BBC Sport website, on what Chambers presumes was a slow news day during the close season (http://www.bbc.co.uk/sport/football/40398185).

The CEO of Bristol Sport (the company behind the football club and all other sports teams in Bristol), Andrew Billingham, announced there would be a full investigation into this matter, apologised for the isolated incident and offered Matthew a replacement shirt. This offer was accepted and the case is now closed.

Moving forwards, Chambers hopes Matthew enjoys his replacement lurid purple shirt at football matches or while training for his next marathon, but refrains from wearing it while working in Chambers.

To see Matthew’s LinkedIn page, please visit https://www.linkedin.com/in/matthew-gillett-a3462b101/.

Leasing construction equipment is often a costly and time-consuming process. The equipment needs to be sourced, contracts need to be drawn up and signed, and delivery needs to be arranged. Getting the best deal might involve looking up dozens of potential providers to get quotes.

Those “in-the-know” in the industry may have the contacts in the firms in their area to streamline this process. What about newer operators who don’t have that advantage? On the equipment providers’ side, how can a new equipment provider without a presence in the market hope to compete? General advertising is expensive and probably inappropriate for such a niche market, and advertising in the various specialist magazines and online publications is time-consuming and hardly a guarantee of increased business.

However, modern technology is changing the construction equipment rental landscape by allowing customers to quickly access information on availability and price. San Francisco-based company Getable was an early entrant onto the scene, launching its web-based “equipment rental concierge” service in 2010. With the ever-increasing use of smartphones on-site, it was inevitable that this service would eventually go mobile, and it can now be accessed via smartphone app.

As the concept spreads worldwide, the user experience is becoming more streamlined while the underlying technology becomes more sophisticated.

The 2015 German start-up “klarx” (www.klarx.de) in a mobile app and web service that operates using an array of behind-the-scenes automation – by collecting satellite navigation data it can find the closest available equipment and the nearest driver who can deliver it. An algorithm can predict the time of delivery and the app can provide users with live updates.

2016 start-up Idle Australia (www.idleaustralia.com.au) was set up to provide a slightly different web-based service which allows individuals and companies that own equipment as part of their daily operations to rent it out when it is not in use. The service went mobile in March 2017. After signing up online, companies simply list what equipment they have available and how much they want for it. Renters can search the system to immediately see a list of available equipment with completely transparent and fixed prices and make orders at the touch of a button. The system is reminiscent of Airbnb, the popular website, and app which allows people to quickly and easily rent out spare rooms or empty homes.