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Post by nickd on May 8, 2012 19:47:48 GMT 1
We take a look at the Magic Circle & top UK law firmsAnd ask - is the circle to too close to those in positions of Power? Naturally, we won't be making any accusations, or making wild assumptions, just looking at the links within the city. This isn't about 'pointing the finger', it's just looking at how closely tied major law firms are to people in positions of power. Many of today's politicians were yesterday's lawyers; with the current accent on finding economic growth within legal services as well as the current accent on de-regulation, it seems only right to look around at some of the links which tie commercial law firms to various events and the emergence of public & private contracting. All of these contracts will have been drawn up by highly specialised law firms, is it all becoming too much of a monopoly?
Is the forging of all these connections jeopardising equal access to justice for all?
With no particular direction in mind, this article will look for common threads which exist in and around the circle. In this little exploration, if something looks like it's worth unearthing - we'll stop and have a dig. You never know amongst the smoke we may just stumble across a gun or two...
These are the top five 'magic circle' law firms.. Clifford Chance Linklaters Freshfields Bruckhaus Deringer Allen & Overy Slaughter and Maywww.lawandlegal.co.uk/solicitors/tag/magic-circle/Here's a list of the top 100 law firms.. en.wikipedia.org/wiki/List_of_largest_UK_law_firmsThis a list of the 100 largest United Kingdom-based law firms measured by worldwide revenues in fiscal year 2009-2010. The list only includes law firms which are headquartered or co-headquartered in the United Kingdom. The top 200 UK law firms earned a total of £15.614 billion in 2009 of which £5.442 billion (or 34.8%) was earned by the five "magic circle" firms and £7.682 billion (49.2%) was earned by the ten highest grossing firms. The top 100 firms earned £14.395 billion (92.9%). Top earner for 2009/10 was Slaughter & May with an annual turnover of £439.5 million pounds and profit per equity partner of a staggering £1,840,000.
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Post by nickd on May 8, 2012 19:59:09 GMT 1
Werritty & Fox - and a lawyer's investigation
"At the same time other donors who had given money to Mr Werritty began to question how he had used their cash, delivering a fatal blow to Dr Fox. Mr Hylton faces a formal investigation over his role by City law firm Allen and Overy, which Mr Hintze has called in to ensure that his hedge fund or its employees have not broken any Financial Services Authority rules. Sources close to the donors said Mr Hylton had acted “like a buffoon” by failing to ask why Mr Werritty did not want any official association with the firm. It also guaranteed that the name of its backers, many of whom were Tory donors with a long association with Dr Fox, would never be revealed. Strict rules on political donations say they need to be fully declared." www.telegraph.co.uk/news/politics/conservative/8829655/Fox-affair-donors-fury-over-lies.htmlComment: I suppose a point which can be made out of the situation which arises in the case of Werritty & Fox is why weren't the lawyers on to this before it happened? It's all very well having expensive investigations & enquiries 'after the event', but how is it that this situation - under the watchful eye of a lawyer - arose in the first place?
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Post by nickd on May 8, 2012 20:03:37 GMT 1
Dahadaleh fraud charges - defended by one of the circleHe was once lauded as ‘a business dynamo ... and a big-hearted personality’ by Lord Mandelson, who has since denied they were close friends. Yesterday Mr Dahdaleh was released on bail to appear at City of Westminster Magistrates’ Court on Monday. A spokesman for his lawyers, Allen & Overy, said: ‘He will be vigorously contesting these charges at every stage, confident in clearing his good name.’ Read more: www.dailymail.co.uk/news/article-2052940/Victor-Dahdaleh-Friend-Tony-Blair-Lord-Mandelson-charged-SFO-700m-fraud.html#ixzz1uJ43xHqNComment: In personal injury cases reference is often made to 'ambulance chasing'. But do we stop to think about how many lawyers chase down high profile suspects after they get arrested and continue to see their clients go through hugely expensive fraud trials? By default, if the suspect is in some way well known in corporate circles it seems to follow that a long trial takes place some time afterwards; often running into millions of pounds with trials lasting months. Are we really doing all we can to look at the huge cost of corporate crime? Are we looking at how many of these cases end up being convicted or result in dropped prosecutions?
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Post by nickd on May 8, 2012 20:10:55 GMT 1
Hammersons & mayoral connections and legal ones tooThere's link after link of big money tied up in and around the city and other cities too. Take Hammersons, a huge property firm, it leased out very impressive offices to international law firm Allen and Overy amongst its many other property acquisitions. Up to April 2011 David Edmonds was a Non-Executive Director of Hammerson in 2003 and is a member of the Remuneration Committee. He acts as Chairman to the Hammerson Pension Scheme Trustees. He is chairman of Wincanton plc, the Legal Services Board and NHS Shared Business Services Limited. He is also a non-executive director of William Hill plc and the Olympic Park Legacy. Take this link to an article on the net, it also received coverage in the guardian..... Read more: mylegal.proboards.com/index.cgi?board=frontline&action=display&thread=533#ixzz1uJ5G1ycDreports.hammerson.com/client/13/1....rs_default.htm. John Richards, 52 HAMMERSON, CEO Richards heads one of Britain's largest property developers. It is the firm behind the Brent Cross shopping centre and City offices such as 99 Bishopsgate and the home of Allen & Overy at Bishops Square. Despite wobbles in the City market, Richards is pressing on with the construction of 125 Old Broad Street and 60 Threadneedle Street. www.thisislondon.co.uk/news/property-7292936.html
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Post by nickd on May 8, 2012 20:11:28 GMT 1
Michael Brown - Liberal Democrat donor convicted of fraud and how lawyers defended the bank in fraud related claimsThere are all manner of city connections, it's a whole web of wealthy individuals (often political party donors) associated with companies and on various boards. Take the well known Tory donor Lord Ashcroft for instance, who does he contact when giving 'instructions'? - law firm Allen & Overy were only too willing to help him out when he got into a spot of bother. I'm not saying these law firms are up to anything dodgy or untoward, it's just that whenever there's something going off in the city, you'll see them involved. Take the latest news about fugitive Michael Brown being tracked down abroad, it transpires that law firm Allen & Overy were acting for the banks before he fled in an eight week trial in the commercial courts, here's more...... HSBC v 5th Avenue and Brown: LTL 2/12/08 (Commercial Court) and 6/4/09 (Court of Appeal). Instructed by Allen & Overy for HSBC, both on appeal to the Court of Appeal (March 2009) and for the eight week Commercial Court trial. HSBC successfully defended claims arising from the bank fraud perpetrated by Michael Brown, the Liberal Democrat donor convicted for that fraud. The trial was one of The Lawyer's "Top Trials of 2007". www.maitlandchambers.com/barristers/detail.asp?MemberID=64Read more: mylegal.proboards.com/index.cgi?board=frontline&action=display&thread=533#ixzz1uJ5vgKxv
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Post by nickd on May 8, 2012 20:16:57 GMT 1
Lord Ashcroft & those donations and the lawyers defending himLetter of 29 February 2000 from Allen and Overy, Solicitors, to James Arbuthnot Michael A Ashcroft Mr Ashcroft, who is a long-established client of this firm, has asked us to write to you regarding the status of his reorganisation of his personal and business affairs. Shortly after the settlement in December 1999 of his libel action against The Times (on which we did not advise him, owing to a conflict of interest), Mr Ashcroft consulted us on his affairs, having regard to his intention to return to live in Britain, something to which he had publicly committed himself. Accordingly, since that time we have been advising Mr. Ashcroft on various relevant questions, in conjunction with his other professional advisers, including a leading firm of accountants in London whom he has engaged for the purpose. He has instructed us to advise him on the methods and implications of reorganising his affairs in an appropriate manner, prior to his returning to live in Britain, so that he can fulfil his commitment. Given that Mr Ashcroft has lived abroad for many years and has substantial business and other interests abroad, as well as in the United Kingdom, there are many significant issues to be addressed, some of which are complex in nature. In relation to his becoming resident in Britain, several possible courses of action are under consideration and each will have to be assessed according to its implications for him, his family and associated trusts and businesses; in some instances, it will also be necessary to obtain advice in other jurisdictions. www.publications.parliament.uk/pa/cm200910/cmselect/cmpubadm/470/470we02.htm
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Post by nickd on May 8, 2012 22:31:51 GMT 1
Law Society President – John Wotton and his corporate law connections and positions on competition panels tooJohn Wotton has represented the EU Matters constituency on the Law Society's Council since 2007. He is also an ex officio member of the Legal Affairs and Policy Board, the Management Board, the Membership Board and the Regulatory Affairs Board of the Law Society, and chaired the Society's EU Committee. John is a consultant to the Antitrust Practice at Allen & Overy. He was a partner from 1984 to 2007, heading the UK Antitrust Group and the Public Procurement Group. He has advised clients on many important cases before the UK competition authorities and the European Commission. He is closely involved in the media sector, with a focus on regulation and judicial review. In utilities, energy and transport, his work has focused mainly on the water, oil, gas and rail industries. John became a member of the Co-operation and Competition Panel for NHS-funded Services, on its establishment by the Department of Health in 2009. He is a member of the Advisory Board of the Competition Law Forum of BIICL. John has been on the Law Society's Council since September 2007 and became president at the AGM on 14 July 2011. See more from the president www.lawsociety.org.uk/aboutlawsociety/whoweare/chiefexecholders.law
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Post by nickd on May 8, 2012 23:02:02 GMT 1
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Post by nickd on May 8, 2012 23:10:50 GMT 1
The London legal walk - a dreadful year for advice agencies.. Our current MOJ may walk for legal aid - but they sure don't talk for it!And Allen & Overy will buy all walkers a drink at the end of the walk There's one or two who seem to walk, rather than talk for legal aid.. Dominic Grieve QC MP- The Attorney General Edward Garnier QC MP- The Solicitor General Jonathan Djanogly MP- Justice Minister Andrew Slaughter MP- Shadow Justice Minister www.lapg.co.uk/sites/default/files/2011%20leaflet.pdf
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Post by nickd on May 9, 2012 1:04:35 GMT 1
Is too much regard being paid to the Lawyers with lotsa money?The Unique Annual Guide to the Most Highly Regarded Figures in Private Wealth Management Citywealth’s fourth annual list is the result of extensive, in numerous interviews, meetings, telephone conversations and emails, carried out in the late part of 2008 and into 2009; all names have been put forward confidentially by private clients or peer recommendation. References, testimonials carried out to cross checked by the Editor . Those listed are generally acknowledged to possess a sterling reputation for expertise in their respective field, first-class client service and sophisticated services for and individuals. This year we have paid particular attention to feedback on the investment management industry to help bring you trusted managers who can tackle difficult times in 2009. All listings are in alphabetical order by name. INDEX Page 4 Top 20 Women in Private Wealth Management Page 5 Top 20 Men in Private Wealth Management Page 6 Leading Private Bankers Page 10 Leading Family Office Executives Page 12 Leading Accountants Page 15 Leading Lawyers Page 21 Leading Lawyers Contentious Trusts Page 25 Leading Lawyers Page 30 Leading Lawyers International Jurisdictions Page 35 Leading Trustees Page 37 Alternative Investments; Financial Advisory, Consultancy & Research Financial Centres Page 39 Charity & Philanthropy Specialists Please note every effort has been made to ensure we have correct, up we understand that names / job amended and we’ll have it changed immediately in readiness for the official print publication (released at the Citywealth Magic Circle Awards trophy presentation & networking dinner) For further info or questions please contact: Karen Jones Editor, Citywealth +44 (0) 20 7495 1697 kjones@j-p-c.tv Jones Publishing Limited, Citywealth Magic Circle Awards 2009 Millennium Hotel London Mayfair, London W1 14th May 2009 The Citywealth Magic Circle Awards is open to attend to all ‘Leaders List’ individuals and is a networking evening for this ‘Magic Circle’ of individuals in a sector that thrives on cross referrals. Ceris Gardner Partner Allen & Overy LLP (from 1 st May 2009 - Maurice Turnor Gardner LLP) Clare Maurice Head of Private Client Allen & Overy LLP (from 1 st May 2009 - Maurice Turnor Gardner LLP) Ed Powles Associate Allen & OveryRichard Turnor Partner Allen & Overy LLP (from 1 st May 2009 - Maurice Turnor Gardner LLP) Jennifer Chambers Partner Allen & Overy LLP (from 1st May 2009 - Maurice Turnor Gardner LLP) Mona Vaswani Partner Allen & OveryRobert Hunter Partner Allen & Overywww.citywealthmag.com/PDFs/Citywealth%20Leaders%20List%202009%20final.pdf
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Post by nickd on May 9, 2012 1:30:55 GMT 1
Extending litigation to India - whilst cutting back on justice for the poor in the UK
CityUK reports that Members from the Law Society, Allen & Overy, Herbert Smith, HSBC, Lloyds Bank and PricewaterhouseCoopers attended the meeting at Clifford Chance in Canary Wharf to give their comments on issues relating to law, accountancy, banking and insurance in India. Apart from raising the issue of entry of foreign law firms, Stuart Popham will also discuss the repercussions of the Linklaters judgment regarding taxing UK law firms for work on India related projects. Clifford Chance is also fighting a tax related dispute with the Income tax department. CityUK said “A major concern was that all profits of UK-based law firms arising from Indian operations, irrespective of whether the work is done in India or not, will be taxed there.” The other issue that was discussed during the briefing to Stuart Popham was the issue of reciprocity, where they will review the treatment of Indian firms in the UK. Law Minister Veerappa Moily, who met British Secretary of State for Justice, Kenneth Clarke, earlier this month, had ruled out early decision on the demand for access to India's legal market. barandbench.com/brief/2/859/entry-of-law-firms-recent-tax-judgments-and-reciprocity-high-on-clifford-chance-partner-stuart-pophams-agenda-silf-president-blasts-british-lobby
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Post by nickd on May 9, 2012 1:41:50 GMT 1
Charity. Does it really reach the UK's poor?Philanthropy The charity and not-for-profit sector is an important economic sector in its own right. It responds to developments in society and is constantly testing the boundaries of legal practice. Major corporates are increasingly working with charities on philanthropic projects as part of their corporate social responsibility programmes. In addition, given the increase in size and financial sophistication of many charities, financial institutions are increasingly looking to develop financial products tailored to the sector. Unlike many niche advisers, Maurice Turnor Gardner LLP has unparalleled expertise in all these matters, and can additionally draw (as required) on the skills of our associated firm, Allen & Overy LLP, where, for example, corporate, regulatory or banking advice may be required. We use our knowledge and skills to advise charities on constitutional, governance and other issues; families, corporates and banks on charitable giving/social responsibility and creating charitable foundations; and financial institutions on investment and banking products and services for the third sector. In addition, we have a unique practice specialising in chartered corporations, a legal not-for-profit entity peculiar to English law, and our clients in this sector include many of the best known professional institutes, universities and other institutions established by Royal Charter. "Maurice Turnor Gardner LLP has a diverse client list including a significant portfolio of clients incorporated by Royal Charter, and high-net-worth individuals, whom the team advise on cross-border charitable giving. The ‘experienced’ Ceris Gardner heads the team, and Robert Bulling is noted for his expertise in dealing with bodies governed by Royal Charter. The team provides ‘wise, useful, pragmatic and articulate’ advice." Legal 500 UK 2012 www.mauriceturnorgardner.com/area-of-expertise.php
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Post by nickd on May 9, 2012 1:55:13 GMT 1
Law for the rich - are the poor paying the price?20 Dec 2011 14:11 Eversheds Rolls out £305 million purchase of new global legal centre - The Rolls Building International law firm Eversheds has advised Legal & General Property, one of the leading institutional property fund managers in the UK, on the £305 million purchase of the Rolls Building, the UK's new international arbitration and commercial court headquarters. The Rolls Building is the largest specialist centre in the world for the resolution of financial, business and property disputes. For the first time, the High Court, the Admiralty Division and the Technology and Construction Courts are all brought together under one 16,000 sq. m. roof. Fifty specialist judges will work in 31 bespoke court rooms, sitting in 20,000 hearings a year. The justice secretary Ken Clarke said, "The World's business leaders come to the UK to settle their disputes and the brand new Rolls Building means the UK now has even more to offer with the World's most modern and hi-tech court complex." The Eversheds team was led by Head of London Real Estate, Bruce Dear, with Clare Rudd, Head of Real Estate Tax Clive Jones and Construction partner Jon Bowley. Bruce commented: "We specialise in the structured purchasing of large scale central London assets and are delighted to have advised Legal & General Property on one of the London market's biggest and most prestigious deals of 2011. We look forward to assisting Legal and General with further acquisitions in the New Year." press.eversheds.com/Press-releases/Eversheds-Rolls-out-305-million-purchase-of-new-global-legal-centre-aad.aspx
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Post by nickd on May 10, 2012 0:28:02 GMT 1
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Post by nickd on May 10, 2012 7:24:24 GMT 1
Millionaire ministers cut our cloth - but never their own!DJANOGLY, Jonathan (Huntingdon) 2. Remunerated employment, office, profession etc Membership of Lloyds (resigned 31 December 2006). 4. Sponsorship or financial or material support S. J. Berwin LLP seconded trainee solicitors consecutively, up to four times a year, to carry out research for me (maximum annual value: £41,500). This support ended in February 2010. Name of donor: S. J. Berwin LLP Address of donor: 10 Queen St Place, London EC4R 1BE Amount of donation or nature and value if donation in kind: £27,666.67, representing the value of three trainee solicitors seconded to me during the period 1 July 2009-26 February 2010. Date of receipt: 1 July 2009 Date of acceptance: 1 July 2009 Donor status: limited liability partnership (Registered 28 January 2010) 8. Land and Property Woodland in Dumfriesshire. 9. Registrable shareholdings (b) Barclays PLC; banks Carpetright PLC; general retailers HSBC Holdings PLC; banks Lloyds TSB Group PLC; banks Next PLC; retailers Tesco PLC; food retailers WPP Group PLC; media and photography Amlin plc; insurance De la Rue plc; printers Imperial Tobacco; tobacco Oakley Capital Investment Ltd; financial Royal Dutch Shell plc; oil and gas Vodafone plc; communications Derwent London plc; property Diageo plc, beverages Invesco plc; investment trusts 11. Miscellaneous Minority partner in The Djanogly Family LLP (member of Lloyd’s).
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Post by nickd on May 11, 2012 20:11:15 GMT 1
Client confidentiality breaches?
"The Browns are understood to believe the information may have been obtained illegally, as it would have been available only to a handful of medical staff. Five years earlier, when their first child Jennifer was born, a small number of specialist medics knew she had suffered a brain haemorrhage. Details, however, were published the month after Jennifer’s birth and a weekend before she died. How this information reached media outlets has never been ascertained. 'Knock-down price': The Sunday Times reported in 2000 that Mr Brown bought this flat after a professional conman allegedly forced his lawyers to hand over details. APARTMENT PURCHASE A professional conman working for the Sunday Times allegedly tricked Mr Brown’s London lawyers Allen & Overy into handing over confidential details about the purchase of his Central London flat. Barry Beardall is said to have been commissioned by the paper to ‘blag’ information on the apartment near Westminster Abbey. A recording made by Beardall at the time has revealed that he phoned the lawyers claiming to be an accountant from the ‘Dealson group of companies’ and said they were interested in buying the property, the Guardian reported." Read more: www.dailymail.co.uk/news/article-2013534/Gordon-Browns-fury-use-criminal-underworld-News-International.html#ixzz1uaclo3MU
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Post by nickd on May 11, 2012 20:46:08 GMT 1
The MOJ takes legal action for rip off rents but they still accept Topland donations!Firm sued by ministry is Tory donor Topland accused of deceit and bribery over an alleged property scam that cost the public purse more than £20m Topland is sued by Ministry of Justice for charging inflated rents on one of its central London buildings which houses divorce courts. The Conservative party accepted a donation of £25,000 from one of Europe's biggest property companies, owned by two billionaire brothers, which the government accuses of deceit and bribery over an alleged property scam that cost the public purse more than £20m. The Ministry of Justice is suing the Topland Group, founded by press-shy brothers Sol and Eddie Zakay, amid claims that the firm conspired with a property agent in 2002 to extract inflated rents from the government on one of its central London buildings which houses the main London divorce courts. The case, which was lodged in May 2010 by the then justice secretary Jack Straw, is expected to last five weeks in the high court this summer. Topland and Eddie Zakay have denied the claim. Sol Zakay is not a defendant in the case. Despite the government accusing the company and Eddie Zakay of "deceit, fraud by bribery, dishonest assistance and breach of confidence" as well as "unlawful conspiracy" in 2010, a year later the Conservative party took £25,000 from Topland. www.guardian.co.uk/politics/2012/apr/06/tory-donor-topland-suedMore on Topland... Eroski sets up a company with Topland to manage its portfolio of hypermarkets in Spain Date: miércoles, 05 de noviembre de 2008 It is the intention of the two parties to set up a joint venture which will become the owner of part of Eroski’s hypermarkets. This operation, which includes 12 hypermarkets, is worth 361 million euros and is the biggest sale & leaseback operation involving hypermarkets to be carried out in Spain. The surface area of the hypermarkets ranges from 5,000 m2 to 11,000 m2. Eroski transfers the properties to this company to promote its growth and job creation, using them on a long term leaseback basis, thereby strengthening the backbone of its retail business. In this way, it will reinforce its strategy of growth and investment, which has exceeded 1,200 million euros in the last two years. The history of this operation dates back to the summer of 2001, when Eroski sold nine properties to the ING company and the end of 2002, when it sold another seven stores to Eurohypo Real Estate Investment Banking. The agreement enables Eroski to free up capital from its property assets, working together with Topland to achieve common goals. The aim of the strategy is to continue improving the value of the assets in their portfolio. Although this is the first operation that Topland has carried out in Spain, this company is very well known in the UK as a specialist in retail investments with a long history in sale & leaseback transactions carried out with notable operating partners, helping to generate added value for both partners in the long term. The law firm which acted as consultants in the operation were Hammonds and DJV Abogados for Eroski, and Freshfields for Topland. www.thisislondon.co.uk/news/property-7292936.html
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Post by nickd on May 11, 2012 21:16:00 GMT 1
Will Leveson plug the leaks?Media connotations News International has hit back at former prime minister Gordon Brown's claims that journalists at The Sun and The Sunday Times "blagged" his financial, legal and medical information. Gordon Brown and The Sunday Times Mr Brown also suggested he had evidence that journalists from The Sun's sister paper, The Sunday Times, accessed his legal and financial information using "blagging" to publish a story regarding a flat purchase. But a spokesperson for The Sunday Times said: "We pursued this story in the public interest. We were told that Mr Brown had bought a flat cheaper than any normal valuation and that he obtained it through a company in which Geoffrey Robinson, a close ally, had been a director. We had reasonable grounds to investigate this matter and followed the PCC Code on using subterfuge. "We believe no law was broken in the process of this investigation, and contrary to Mr Brown’s assertion, no criminal was used and the story was published giving all sides a fair hearing. We also note that Allen & Overy, the law firm, have denied they handed over any details about the purchase of the property and had nothing to do with it." www.channel4.com/news/news-international-denies-brown-claimswww.thesun.co.uk/sol/homepage/news/3691926/The-Sun-exposes-the-allegation-that-we-hacked-into-Gordon-Browns-family-medical-records-as-FALSE-and-a-smear.html
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Post by nickd on May 11, 2012 21:47:25 GMT 1
Law firms have a spidery web of links - will lack of regulation make for even more?Indirect links Interwoven links exists where law partners are also trustees on various charitable organisations & trusts. For instance here you can see there is an indirect link via the Princess Regeneration Trust between one of the law firms (as a trustee) and another trustee whose clients have included the Cystic Fibrosis Trust. There are many similar links such as this... Alison Beardsley Hide biography Alison has over 25 years experience as a corporate finance lawyer, with a particular interest in real estate equity finance. She was a partner at Allen & Overy LLP, a leading international law firm, for 19 years, including two years as a member of the firm's global board. Alison was also responsible for development of the Allen & Overy Legal Practice Course in conjunction with the College of Law, and was a Committee member of the City Solicitors Educational Trust. She is an Oxford University graduate. princes-regeneration.org/trustees.phpStephen Goldman Hide biography Stephen Goldman is an independent fundraiser. Previously UK Executive Director of Friends of The Hebrew University of Jerusalem and Jewish Care. After leaving Jewish Care, Stephen successfully launched his own fundraising consultancy specialising in organisational re-structuring, fundraising strategy and major gift development. Clients have included: The Roundhouse, Cystic Fibrosis Trust, Kids Company, Haven House Children’s Hospice, The Weizmann Institute of Science, Nightingale House & Bar Ilan University, Drugsline, The Jewish Museum, The Centre for Social Justice, The Drayson Foundation, The Sheffield Institute for Motor Neurone Disease and Autism Speaks. princes-regeneration.org/trustees.php
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Post by nickd on May 11, 2012 22:59:56 GMT 1
Trust springs to protect its integrityWe should mention that the Cystic Fibrosis Trust has today quickly responded to any potential link to today's evidence session in which Rebekah Brook gave evidence to the Leveson Enquiry. Here they set the record clear... Press Office 11 May 2012 The CF Trust has received some enquiries about the evidence given at the Leveson Inquiry today regarding a leaked story to The Sun. Ed Owen, Chief Executive of the CF Trust said: "The CF Trust would never disclose information about patients with Cystic Fibrosis without their consent. We had no involvement with this story before it broke in the press and after this worked with media to ensure that all information printed about Cystic Fibrosis was accurate." www.cftrust.org.uk/pressoffice/
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Post by nickd on May 11, 2012 23:12:49 GMT 1
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Post by nickd on May 12, 2012 1:10:08 GMT 1
Time to take a closer look offshore?More on Oakley Capital Investments (2010) oakleyinvestment.appnova.net/content/userfiles/files/OCIL_2010.pdfI say this in the light of Oakley Capital Investments being earlier declared to Parliament with regards to Jonathon Djanogly; a minister from the justice department who has already encountered his fair share of controversy. A previous look at Oakley Capital Investments showed that SJ Berwin (who Mr Djanogly worked for as a corporate lawyer) was the law firm which dealt with matters of English law. In the earlier documents pertaining to Oakley, Mr Djanogly's father (Sir Harry) was also one of the two named individuals on the advisory committee.
In these 2010 documents a lot of details have changed. SJ Berwin are no longer the acting English lawyers and nor is Sir Harry named on the advisory committee. However, other details remain the same. Has Mr Djanogly relinquished his interest & divorced himself from this offshore capital link, if so why?
How many ministers in Parliament are linked to similar offshore firms? It's well established that such firms provide 'tax free' investment opportunities. The common thread running between all of these investment firms are international law firms; many of them based in the UK. You only have to look at the portfolios relating to these investment firms to see how closely they are tied to our magic circle law firms and major private firms who tender for the procurement of our government's contracts; many of which replace previous 'inefficient' public services.
Earlier 2007 Oakley 'tip sheet'.. www.tipsheets.co.uk/OakleyAdmission.pdf
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Post by nickd on May 12, 2012 11:33:52 GMT 1
Core Participant Status granted (Leveson) January 2012 Eversheds is advising the Mayor’s Office of Policing and Crime (MOPC), the body responsible for supervising the Metropolitan Police Service (MPS), as part of the Leveson Inquiry into press ethics. Led by head of inquiries and investigations Peter Watkin Jones, the firm has been officially acting for the MOPC since Wednesday, when Lord Justice Leveson granted the core witness application made by the MOPC for module two of the year-long inquiry. Due to commence in February, the module will examine the relationship between the press and police and the extent to which that has operated in the public interest. www.thelawyer.com/eversheds-wins-role-on-levesons-phone-hacking-inquiry/1011104.articleedition.cnn.com/2012/05/03/world/europe/uk-media-corruption-arrest/
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Post by nickd on May 12, 2012 11:46:34 GMT 1
Core Participant Status - refusedElaine Decoulos | 28-Jan-2012 1:18 pm (writing in response to above article) "The MPOC seems like a helpful addition as a Core Participant, but I think you should also do a story on why the victims' have had a change in solicitor and why it did not include a much needed change in barrister. The whole situation around victim Core Participants is strange indeed. Half of them have not participated in the Inquiry in any way. I sought to become a victim Core Participant after being defamed and libeled across the British press, but Lord Justice Leveson denied me. I sought Judicial Review and that was denied me, though Lord Justice Moses agreed that I had a lot to contribute about the press with Mr. Justice Singh concurring. I am taking this to the Court of Appeal. David Sherborne, counsel to the victims, said at last Wednesday's Directions hearing for Module 2 that he wanted to continue with the same group of victim Core Participants. No questions from Lord Justice Leveson. Something strange is going on. Whomever David Sherborne wants as a Core Participant, irrespective of their relevance and contribution, he gets. Could my being refusal Core Participant status have anything to do with the fact that David Sherborne has been my direct opponent for many years in libel litigation involving The Daily Mail? Seems ever so likely by the day. I was the Claimant and he was representing one of my defendants, Bruno Schroder of Schroders, who gave a quote to The Daily Mail that I say was very libellous of me. Easy to prove in fact with a court order. The outcome of the claim was that David Sherborne, beacon of press wrongdoing at Leveson, got my claim against his client, Bruno Schroder, stayed for costs of £25,000, costs originating from another claim. He then got it struck out in my absence while I was in Massachusetts. My claim against The Daily Mail is also currently stayed for costs, part of which were to be assessed. Soon after these orders were made, I won't say by whom, I suffered a severe concussion after reading The White Book in Kensington Library and was unable to appeal the orders at the time. Leveson does not want to know." www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Transcript-of-judgement-relating-to-Elaine-Decoulos-4-October-PDF-50.2KB.pdf
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Post by nickd on May 12, 2012 15:18:57 GMT 1
Are treasury solicitors too much at the heart of government?Too instrumental in the passing of law?TSol (Treasury Solicitor's Department) TSol (the Treasury Solicitor’s Department) provides litigation and advisory legal services to over 180 public sector clients which include government departments and agencies, research councils, the national museums and other non-governmental bodies in England and Wales. With over 600 barristers and solicitors, TSol is one of the largest legal organisations in the country. TSol lawyers advise ministers and their policymakers on a wide range of legal questions including domestic, public and private law, European Community law, international law and human rights. The Treasury Solicitor, Paul Jenkins QC, is the Head of the Government Legal Service. Litigation Group The Litigation Group provides civil litigation services to the majority of government departments and public bodies, and its work often raises questions of constitutional importance. In 2010/11, the Group handled over 34,000 cases, many of which focused on administrative law, immigration, commercial and property litigation, personal injury, planning and charity matters. The Group also plays a major role in public inquiries. Employment Group The Employment Group provides employment litigation and advisory services to a wide range of government departments and public bodies. Lawyers in the Employment Group act for Departments of State and public bodies in cases brought before the Employment Tribunal, the County Court, the Employment Appeal Tribunal and beyond. They also advise their clients on non-contentious matters, such as employment policies and compliance with new legislation. Advisory Divisions The Advisory Divisions provide legal advice to ministers and policymakers of HM Treasury, the Cabinet Office, the Department for Culture, Media and Sport, the Department for Education, Department for the Environment, Food and Rural Affairs, as well as a number of other smaller departments and public bodies. Lawyers in the Advisory Divisions advise on all aspects of their clients’ work, including preparing statutory instruments and assisting the passage of legislation through Parliament. European Division The European Division co-ordinates the advice given by legal advisers to various government departments on questions of European Community law. It also conducts litigation on behalf of the Government in the European Court of Justice. High profile examples of recent legislation work TSol advisory lawyers are also involved in a wide range of work. For example: • Lawyers at the Treasury Legal Advisers are providing legal support for the Financial Services Bill. • TSol lawyers based at the Department for Education are advising on the Education Bill which implements the Government’s education reform programme. • TSol lawyers located with their clients at the Department for Culture, Media and Sport are providing legal support for the 2012 London Olympics and Paralympics • The Central Advisory Division is supporting the Government Equalities Office (GEO) in implementing the public sector equality duty and reforming the Equality and Human Rights Commission. • TSol lawyers advising the Cabinet Office and Prime Minister’s Office handle a wide range of legal issues relating to national security, propriety and ethics, machinery of government and information law. Vacancies Qualified lawyer vacancies for posts in this department are advertised through the central GLS scheme. All vacancies are posted on the Civil Service Recruitment Gateway (this link will open in a new window). Trainee Solicitors and Pupil Barristers are recruited through the GLS Legal Trainee Scheme. Further Information Visit www.tsol.gov.uk and www.bonavacantia.gov.ukwww.gls.gov.uk/about/departments/tsol.htm
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Post by nickd on May 12, 2012 16:42:37 GMT 1
Defending fraud & corruption on a massive scaleBAE Systems ready to admit guilt over corruption allegationsBAE Systems is ready to plead guilty and accept what is expected to be a record fine in order to bring a swift end to the Serious Fraud Office's (SFO) six-year investigation into allegations of corruption in Africa and eastern Europe. The Sunday Telegraph can reveal that the company and its lawyers now want the opportunity to review the SFO's case and examine the evidence against it before trying to agree a deal. Senior sources at the defence giant, Britain's biggest manufacturer, have held talks with the SFO to try to establish common ground on the facts of the case but these have ground to a halt, culminating in last week's statement from the SFO which said it was intending to seek the Attorney General's consent to prosecute the company. BAE is hoping that the SFO will restart the talks with a view to it gaining a clearer understanding of the evidence against it and the provenance of the evidence. It wants to establish common ground between the two sides. If that process succeeds the company would be willing to plead guilty to certain charges and begin talks about a punishment. However, the company has trenchant views about what would be a proportionate and appropriate fine. It is expected to refer to past financial penalties levied by the SFO when framing its negotiating position and believes a range of previous fines of £6.6m up to £19m is relevant. However, the SFO is understood to have indicated a fine of £200m to £300m would be suitable. The company, which last week discussed the SFO's statement with its leading shareholders, is concerned it could leave itself exposed to a lawsuit brought by investors angry that it had failed to negotiate a more reasonable fine in the plea bargaining process. Fraud Office takes on BAE 02 Oct 2009 It is understood it would be extremely difficult for BAE, Europe's largest defence equipment maker employing 105,000 people around the world, to achieve a US-style agreement under which companies agree to settle allegations by paying a fine but without admitting liability. As a result, BAE is trying this different settlement route. "Civil settlements of corporate corruption and fraud are a relatively new phenomenon," said John Benstead, a partner in the commercial fraud department at McGrigors and former assistant director of the SFO. "The SFO and corporate defence lawyers are still working out when civil settlements will be appropriate." BAE is being represented by lawyers from Allen & Overy and Linklaters.BAE has so far denied any wrongdoing in the case of the investigations into weapons sales in Romania, the Czech Republic, Tanzania and South Africa. The deals date from the 1970s to 2002. www.telegraph.co.uk/finance/newsbysector/industry/defence/6258123/BAE-Systems-ready-to-admit-guilt-over-corruption-allegations.htmlJudge Moses.."Nice work if you can get it"
SFO Director's decision "just do not stack up"Philip Sales QC said the Government had "no other choice" but to stop the investigation as the Saudis were threatening to stop passing on intelligence about terrorists. Lord Justice Moses said the Saudi threat was to "stop the investigation or else", and asked how it was "any different from any villain coming along and saying, 'unless I stop this prosecution I am going to end up with 25 years in prison. I am going to do my utmost to do it'. " Sales replied that Saudi Arabia was not the villain as it was not the subject of the criminal investigation, to which Moses responded: "No, they were not the villain; they were just protecting the villain." Sales submitted that the Government was unable and powerless to counter the Saudi threats to withdraw co-operation on security issues unless the SFO scrapped its investigation. He said that it was simply "a fact of life" that the UK did not have the power to force Saudi Arabia, as another sovereign state, to reconsider its position. It could not just "magic away" the threats. The SFO lawyers argued that the threats were so "grave" that the Director of the Serious Fraud Office had no option but to shut down his investigation. The judges repeatedly questioned these assertions. Lord Justice Moses said: "[W]hat you are saying is the law is powerless to protect our own sovereignty . . . I think your answer to my question is, yes, it is powerless. There is nothing any lawyer or court can do to protect one of the essential features of sovereignty, which is control over one's own domestic criminal law system . . . If one takes at face value your submissions . . . effectively you are saying, 'nothing can be done. It is out of our control . . . It is a foreign powerful state and there is nothing we could do'. " Sales replied: "Correct . . . We, the United Kingdom cannot compel the Saudi Arabian Government to adopt a different stance and so that most certainly is the position . . . It may be a matter for regret that the United Kingdom does not have the power to ensure that other states, big, small, medium-sized do not do precisely what we want them to do but it is a fact of life . . . The world does not work in that way . . . " Although the SFO Director and the Attorney General had stated publicly in December 2006 that they had taken into account the Convention’s Article 5, they dropped this façade during the judicial review. The SFO Director stated categorically to the courts in his first witness statement that he would have taken the same decision regardless of the UK’s obligations under the Convention. He asserted that his understanding of Article 5 "was not a critical or decisive matter for me". Sales also argued that the SFO Director had no legal duty to abide by Article 5 because it had not been incorporated into UK law, and that the Government was entitled to ignore the OECD Anti-bribery Convention anyway when the UK's security was in jeopardy. Moses responded: "It is no good just waving the flag of national security. If [its use] is so wide, it undermines the treaty." Any government could stop bribery prosecutions on the grounds of national security, added Mr Justice Sullivan. If this was the case, Sullivan pointed out that "it effectively drives a coach and horses through Article 5 [of the OECD Anti-bribery Convention]". Sullivan also intervened to emphasise Moses's point that the reasons given for the SFO Director's decision "just do not stack up", that although Sales had said the UK's national security had been the only issue considered, the evidence released to the court clearly showed that other issues had also been taken into account: "[There is] someone saying I did not take account of the potential effect on relations with another state and I have a file full of documents that make it absolutely clear beyond any doubt that that is exactly what was done . . . [Y]ou do not need . . . a room full of international lawyers to tell you, you just need a basic command of English and reading the documents and anyone can see that that is what they were taking into account. [Y]et there is this bland statement 'we did not take that into account'." BAE has consistently denied any wrongdoing. The Financial Times noted that "The company said [the judicial review case] was between two campaign groups and the SFO over the decision to drop the inquiry. 'We played no part in that decision,' BAE said." Yet BAE paid top barrister Claire Montgomery QC to sit in the row of barristers during the hearing, even though she said nothing but carried out a "watching brief". As Lord Justice Moses said at the beginning of the judicial review hearing: "Nice work if you can get it." www.controlbae.org.uk/jr/jrhearing.phpMore here Judge Moses' forthright' views... www.guardian.co.uk/world/2008/apr/10/bae.armstrade2Comment: Once again the corporate lawyers and well paid counsel find legal solutions, but are they really the right ones? In the case of BAE, the allegation was one of fraud, there was an investigation by the Serious Fraud Office but it didn't result in criminal prosecution. Surely commercial fraud should never be 'brought' off by agreeing what are in effect civil fines? If criminality isn't tested in the appropriate surroundings, are we not destined to find ourselves heading in to a sorry state of affairs where those with the money (and the lawyers to match) can buy their way out of facing punitive criminal sanctions?
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Post by nickd on May 12, 2012 17:02:53 GMT 1
Top paid Treasury counselSunday, July 4, 2010 Sir Philip Sales QC has charged the taxpayer £3.3millionThe Government has paid a leading barrister more than £500,000 a year in fees for his advice, it was revealed today. Sir Philip Sales QC has charged the taxpayer £3.3million over the past six years as First Treasury Counsel - a full- time position he has held since 1997. As well as his fees, the Attorney General's Office has paid him a £15,000- a-year retainer so he does not work for anyone else. The top 10 government barristers who make up the Attorney General's panel of civil counsel have cost the taxpayer more than £2million in fees annually for the past three years. Fees for this period were released in a parliamentary answer, and the Evening Standard obtained figures for the previous three years from the Attorney General's Office. Today there were calls for an urgent reform to the system, which allows QCs to charge the Government private practice rates. Liberal Democrat Treasury spokesman Vince Cable said legal advisers should have salaries. "Although being salaried will not offer maximum earnings, the job does give security of tenure, and it does offer the prestige of working at the heart of government," he said. Adrian Sanders, the Lib-Dem MP for Torbay who submitted the parliamentary question, said: "I understand the Government has to get the best lawyers, and they don't come cheap, but somewhere the line has to be drawn." Sir Philip, 47, who is also known as the "Treasury Devil", is effectively the Government's chief advocate, advising all departments. He was appointed to the job aged only 35 and has been involved in high-profile cases including defending in the High Court the Government's decision not to hold a public inquiry into the Iraq war in 2005. The figures show Sir Philip charged: £446,974 in the last financial year £551,163 the year before that £530,986 in 2006/07 £586,329 in 2005/06 £619,634 in 2004/05 £607,123 in 2003/04 lawisanass-wingate.blogspot.co.uk/2010/07/sir-philip-sales-qc-has-charged.htmlwww.publications.parliament.uk/pa/cm200809/cmhansrd/cm090721/text/90721w0007.htmIn 2006... "By any measure, these are well paid appointments. Indeed, the Review Team notes that the salary of the Lord Chief Justice of England and Wales for the year 2004-05 was published as being £205,242 not even 80% of the average for Junior Treasury Counsel for the same period. " www.cps.gov.uk/careers/assets/uploads/files/treasury%20counsel%20review.pdf Philip Sales instructed by Allen & Overy in the appeal against SFO.. www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/corner-1.htm
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Post by nickd on May 12, 2012 18:32:34 GMT 1
Singapore - will we all follow Hong Kong?Blue sky thinking - will international law firms dominate?Singapore to Allow Foreign Firms Invest in Local Law Firms Singapore passed legislation to allow foreign law firms to own stakes in local legal practices or share in their profits, under legislative changes proposed by Law Minister K. Shanmugam yesterday. The Southeast Asian city will also relax the rules for the admission of experienced foreign trial lawyers, he told Parliament. Shanmugam has said Singapore won’t “turn back” after licensing six foreign firms in December 2008 to practice local corporate law. The decision to allow foreign law firms to own stakes in local practices may help proposed tie-ups such as one between London-based Allen & Overy LLP (323556L) and Singapore’s Allen & Gledhill. The two firms said in November they were in preliminary talks on proposals to combine, subject to any necessary regulatory approvals in Singapore. Allen & Overy, Clifford Chance LLP, Norton Rose LLP, White & Case LLP (1116L), Herbert Smith LLP and Latham & Watkins LLP (1115L) were awarded the six qualifying foreign law practice licenses in 2008. The firms made commitments to double their revenue, staffing and profits in Singapore in five years. Lawmakers including Hri Kumar and Christopher De Souza, both lawyers and from the ruling party, raised concerns about the further opening of Singapore’s legal industry. “In a firm where the final decision lies abroad, the bottom line becomes paramount,” said Kumar, a lawyer with Drew & Napier LLC in Singapore. “Does the minister foresee our legal industry heading the direction of Hong Kong where international law firms dominate nearly every area of law and is that a consequence the government favors or is prepared to accept?” he asked. www.bloomberg.com/news/2012-02-15/inside-trading-club-citigroup-total-glaxo-in-court-news.html
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Post by nickd on May 12, 2012 19:06:16 GMT 1
The banks and their lawyersAllen & Overy advises HBOS in relation to its acquisition by Lloyds TSB22 January 2009 JEAN-PATRICE LABAUTIÈRE Partner, France ERIC MADRE Associate, France FREDERIC MOREAU Partner, France Allen & Overy LLP is advising HBOS on its recommended acquisition by Lloyds TSB, implemented by way of scheme of arrangement which became effective on 16th January 2009. This transaction brings together two of the leading banking institutions in U.K. financial services. Pursuant to secondary offerings made by both HBOS and Lloyds TSB in connection with the takeover, the U.K. Government now holds 43 per cent. of the combined HBOS/Lloyds TSB bank, which has been renamed Lloyds Banking Group. The U.K. Government's purchase of shareholdings in both HBOS and Lloyds TSB forms part of its rescue programme for the banking sector and involved the acquisition of approximately GBP 8.5 billion of ordinary shares and GBP 3 billion of preference shares in HBOS. HBOS also increased its share capital in 2008 raising GBP 4 billion pursuant to a rights issue. The Allen & Overy Paris office has assisted HBOS on all French aspects of the transaction. In particular, the Paris office has dealt with the passporting of the prospectuses related to share capital increases and with the implementation of the scheme of arrangement in France. The Allen & Overy team was led in London by mergers & acquisitions partner and HBOS relationship partner Alistair Asher. In Paris, mergers & acquisitions partners Frédéric Moreau and Jean-Patrice Labautière handled all the French aspects of the transaction, assisted by Michael Loy, consultant, and Eric Madre, associate. Lloyds TSB was advised by Linklaters.www.allenovery.com/AOWEB/NewsMedia/Editorial.aspx?contentTypeID=1&itemID=49975&prefLangID=410
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Post by nickd on May 13, 2012 16:44:51 GMT 1
The London mayoral hustings Hosting the event...Transport topped the agenda when the four main candidates to be London mayor clashed at a hustings in the City. Conservative Boris Johnson attacked Ken Livingstone for his promised Tube fare cut, but the Labour candidate accused him of "sitting on money" rather than helping hard-pressed commuters. Lib Dem Brian Paddick urged "smarter" use of Heathrow to increase capacity, while the Greens' Jenny Jones suggested a congestion charge around the airport. The election will take place on 3 May. The hustings, hosted by law firm Allen and Overy, were designed to focus on issues relating to business in the capital. It was the first time the four main candidates for mayor have shared a platform ahead of this year's vote. www.bbc.co.uk/news/uk-politics-17389650
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