QUALITY LITIGANT IN PERSON

A litigant in person who brought a court action accusing surviving members of a 1960s pop band of conspiracy to injure and malicious falsehood during a trade mark case has received short shrift from a High Court judge. In Slater and Ors v Anglo Atlantic Media Limited, Chief ICC Judge Briggs, sitting as a deputy High Court judge, awarded indemnity costs to the Bonzo Dog Dooh-Dah Band. He lambasted the 'prolix' and ‘inadmissible opinion... bare assertion and irrelevancies’, in the LiP's evidence.

The dispute began when the band challenged a figurative trade mark containing its name filed in 2015 by Robert Carruthers, who had organised Bonzo Dog reunion concerts, on behalf of his company Anglo Atlantic Media. In October last year the registrar of trade marks granted an application cancelling the mark, ruling it had been filed in bad faith and invalidly registered. The registrar's judgment noted that the proceedings had been 'hard fought in an often emotionally charged manner'. 

While the case was in progress, Carruthers issued High Court claims making allegations about the conduct of the band's application. A 74-page witness statement included allegations of 'racist and sociopathic tendencies'. The case was heard in the Rolls Building in February.

Handing down judgment by Skype, Briggs J dismissed Carruthers' claims as totally without merit. One claim constituted 'collateral attacks on the findings of the registrar' while the allegedly defamatory statements were covered by absolute privilege. He concluded: ‘The overall impression one gets… is that Mr Carruthers is on a mission to defeat the band and raises every point he can think of, regardless of relevance, to achieve his aim.’

Appearing for Carruthers at the hand-down, Kwabena Owusu of Clerksroom chambers argued that the £50,000 costs claimed were excessive as the witness statements had been examined with an 'unreasonable level of detail' by West End firm Trainer Shepherd Phillips Melin Haynes LLP, which acted for the band. The judge rejected the argument, describing it as 'a submission of "save me from myself",' and said that the quoted hourly rate of £375 was 'considerably lower than some I have seen'. 

Downsizing

Downsize for Senior Citizens

The number of people in the UK aged over 65 is set to increase by 20% in the next 8 years and it’s no surprise that seniors want to be in a central location with great transport links, shops whilst close to friends and family.

Older people today tend to feel and act much younger than their forebears at the same age. Age today does not have the same prejudices, restrictions, sentences or connotations as before so, rather than moving into care homes, seniors are thinking sensibly and are looking to downsize. Not only does a smaller property such as an apartment require less upkeep and allow more free time, but if seniors were to purchase a new-build apartment with a fixed warranty, it takes the stress out of much-needed renovations.

Beyond downsizing, moving into an apartment can also prepare seniors for assisted living at a later date. Living in a block of apartments surrounded by others may also feel safer than being in a big home alone. Before doing so, seniors should:

  • Discuss this with children.
  • Consider financial aspects of the move.
  • Research the locality.
  • Assess their actual needs.
  • Measure furniture.
  • Assess your new storage area requirements.

I have recently become involved with three block developments that are fast selling, many to seniors, who are downsizing. For more information, please contact me.

Possession Proceedings Suspended

All housing possession proceedings have been suspended for 90 days after a solicitor collected hard data showing lack of a consistent approach among county courts dealing with cases during the coronavirus crisis. New applications cannot be lodged until the expiry of this 90 day “moratorium” at which date, undoubtedly, there will be a significant queue therefore ongoing further delay. This has been welcomed by housing solicitors acting for tenants but the door has been left ajar for unscrupulous tenants to take advantage of the situation and gain up to perhaps 6 or more months of rent-free accommodation.

The decision to suspend was made by the master of the rolls, Sir Terence Etherton, with lord chancellor Robert Buckland’s agreement.

EMPLOYMENT LAW CHANGES

UK businesses must be ready to comply with important new changes to employment law which take effect from 6 April 2020, regardless of Brexit.  

Holiday pay

The method of calculating holiday pay will change with an increase to the reference period for determining an average week’s pay (for holiday pay purposes). This holiday pay reference period will increase from 12 weeks to 52 weeks or, if the worker has been employed for less than 52 weeks, the number of complete weeks for which the worker has been employed. 

This change will be of importance to employers who have staff that work irregular hours and therefore earn different amounts every week. You will now need to take an average of their pay over the previous 52 weeks rather than the previous 12 weeks. 

Employment contracts

The current 2-month deadline for issuing a written statement of terms to employees will now be replaced with an obligation on employers to provide a written statement to all workers (not just employees) from the first day they start working for you. There is also an increase in the amount of information that must be put into the written statement to include information on the length of time a job is expected to last, the duration of the notice period, eligibility for sick leave and pay, other rights to leave, any probationary period, all pay and benefits, and specific days and times of work. 

If you fail to comply with these new obligations, workers will have the right to submit an employment tribunal claim against your business for failure to provide a written statement of terms. This could be a costly mistake, but it can be easily avoided by taking the correct steps now to prepare a new set of written terms that meet these minimum requirements. 

Agency workers

New regulations are coming into force on 6 April 2020 to remove what is known as the “Swedish Derogation” from the Agency Workers Regulations. This derogation currently allows employment businesses to avoid paying agency workers the same pay as direct employees if certain conditions apply. Its removal means that agency workers will be entitled to receive the same pay as regular employees after 12 weeks of employment. 

Other regulations are also being introduced to require temporary work agencies to provide all agency work seekers with a Key Information Document, which will provide information on the type of contract, the minimum expected rate of pay, how they will be paid and by whom.

New Family friendly rights

New legislation is being introduced to give all employed parents who have lost a child the entitlement to two weeks’ leave (irrespective of how long they have been employed) to allow them time to grieve away from the workplace. It will be available to take as a single block or as two separate weeks. The new right is expected to take effect on 6 April 2020 although this is subject to Parliamentary approval. 

Other changes

There are likely to be increases in the National Minimum Wage together with adjustments to maternity, paternity and sick pay. You will need to keep abreast of any changes to ensure that you do not over or underpay your staff. 

What to do now

The above changes are likely to increase your business costs, but steps can be taken to mitigate against some of these increased costs. As an employer you are entitled to review and change the pay and benefits you offer to your staff although this would require reasonable notice and a period of individual consultation to avoid any disputes arising. You may also want to consider limiting overtime or discretionary bonuses. 

Ian Macfarlane

Bott & Co v Ryanair DAC

Earlier this year Ian Macfarlane reported on a recent Ryanair case. Now the Supreme Court is to consider this ruling which allowed Ryanair to compensate passengers directly for flight delays, cutting complainant’s solicitors out of the loop. Permission was granted earlier this month for an appeal in Bott & Co v Ryanair DAC, as the case raises an arguable point of law of general public importance.

The appeal will examine in what circumstances solicitors have the benefit of an equitable lien for payment of their costs out of any settlement monies received.

North-west firm Bott & Co received around £100,000 a month from flight delay claims against Ryanair at the time of the Court of Appeal judgment, which found in favour of the airline. But the case could also have wider implications for all firms running claims against a compensator who then chooses to deal directly with clients.

A Bott & Co spokesman said solicitors benefit from the security of an equitable lien as it permits them the right to withhold monies obtained from successful litigation, where that client has not yet paid the agreed charges.

Ryanair changed its terms and conditions in 2016 to require passengers seeking compensation for delays to deal directly with the airline and to allow 28 days to respond before instructing a third party.

In his February CoA ruling, Lord Justice Lewison acknowledged that Ryanair paying Bott’s clients directly would threaten the viability of the firm’s business model but nonetheless found in favour of the airline at that time. I await with interest the outcome.

Ian Macfarlane