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Angelique Richardson interviewed by The Law Society Gazette

Posted on: September 13th, 2024 by Hugh Dineen-Lees

Associate Angelique Richardson discusses her background as a competitive swimmer and how sports have dominated her life and career, as well as highlights of her legal life, including her work on Bates & Others v Post Office Ltd.

Angelique’s interview was published in The Law Society Gazette, 13 September 2024.

Full text below:

Given my sporting background, sports law appealed. Having spent a large amount of my childhood in St. Maarten in the Caribbean, water-based sports were very much second nature. I started swimming competitively at a young age, and when I was 10 took up synchronised swimming. While at university, I ‘hung up my noseclip’ and took up finswimming. I competed at a national level, becoming British champion in the 25m bi-fins event in 2015 and setting what remains a national record in that age group. My experience as an athlete (and later as a coach) gave me a strong commitment to succeed at an elite level. 

While I graduated with a first-class degree from Northumbria University’s MLaw course, I was not initially excited by the idea of pursuing a legal career. Instead, I obtained a graduate job as a headhunter in the legal market, within litigation. This job was not for me, though I gained invaluable insight into how law firms operate and, ultimately, this piqued my interest in pursuing a career in law.

It was through this role that I met my former boss. He was looking to hire a legal assistant to help his team with a huge group action, acting for 555 claimants in the Bates & Others v Post Office Ltd case.

In 2018, I joined Freeths as a legal assistant and started my training contract. I qualified as a solicitor in the commercial dispute resolution team before being promoted to senior associate. I then moved to Lawrence Stephens in December 2023, where I work in the sports and entertainment department. This coincided with the arrival of a new director at Freeths who specialised in this area. I ended up working closely with him on a number of sports-related cases and found it the perfect route to pursue.

Ultimately, I have lived the life of an athlete. I know what pressures athletes face on a daily basis and what can happen at different points in their careers. For instance, while I might not be a boxer (unlike most of my current clients), I understand what it is like to go through training camp, the pressure of competition and navigating everything that accompanies this. As a lawyer and trusted adviser, this makes my clients more comfortable in instructing me, knowing that I understand what is on the line for them.  

Sadly, you hear all too often of athletes being taken advantage of by stakeholders. This has happened in my own sporting career and is a key driving force for me in ensuring this does not happen to my clients.

The Post Office group litigation was, naturally, a hugely noteworthy case in terms of its profile and its significance for the claimants. That case taught me a lot about strategy in litigation, which has been invaluable in my role as a sports lawyer.

I work with athletes at all levels. They range from fighters who are just turning professional (Mario Silva) and experienced, high-profile fighters (including the likes of Chris Eubank Jr, Joshua Buatsi, Lawrence Okolie, Ben Whittaker, Chev Clarke) to Olympians (including weightlifter Emily Campbell – silver medallist at Tokyo 2020 and bronze medallist at Paris 2024). Footballers include Reiss Nelson, Ivan Toney and Destiny Udogie. I am also currently leading on one of the biggest UK arbitrations in the boxing world.

On a personal level, we can all agree that sport usually takes place outside ‘normal’ working hours. With boxing, there is no off-season like there is in football. I am pretty much on standby 24/7 but my approach to practice is holistic. I am available to my clients when they need me. I also advise on strategy, brand development, reputation management and more.

I was recently appointed to the Sports Resolutions Pro Bono Service. Costs should never be a barrier to justice. I am looking forward to continuing to help athletes who need legal advice so that their rights are protected.

 

Becci Collins comments on Labour’s ‘Plan to Make Work Pay’ in People Management

Posted on: September 12th, 2024 by Hugh Dineen-Lees

Solicitor Becci Collins comments on the government’s proposed reforms surrounding ‘fire and rehire’ practices, redundancy rights and TUPE considerations, in People Management magazine.

Becci’s comments were published in People Management, 11 September 2024, and can be found here.

“The government has not implemented a complete ban on fire and rehire, as it originally pledged to do. Instead, it has made it clear that terminating employment before re-engaging an individual on different terms is the last resort. This requires an employer to ensure that it has taken all reasonable alternatives and reached an agreed outcome with affected individuals.

“A failure to comply with this requirement could provide grounds for unfair dismissal claims, which may cause reputational damage as well as adverse implications on employee relations. A further extension to a complete ban would put employers in a very uncomfortable position should the business get into financial difficulty. Instead of being able to retain its workforce on different terms, the business would be forced to consider redundancy in order to ensure its survival.

“Whilst the government has stated that it intends to strengthen TUPE protections, further detail has yet to be provided. The previous Conservative government confirmed that only employees are protected by the TUPE provision in response to case law which cast doubt on this. The current Labour government has indicated that it will take the opposite approach and extend the protection to those currently classed as workers by creating a single worker status, encompassing the current status of employee and worker.

“Extending the number of individuals protected by TUPE would increase the amount of work – and therefore time and costs – for employers, which may act as a deterrent. It may also increase the responsibilities a business assumes through the TUPE process, as any liabilities (potentially including litigation), may be transferred, although contractual indemnities could prevent this.

“The Labour government has proposed extending the requirement on when a collection consultation is required in redundancy to instances where 20 people will be impacted across the business, not just one workplace. This proposal would widen the number of individuals entitled to collective consultation.

“Further, earlier in the year, redundancy protection was expanded for those returning from maternity or adoption leave. They are to be offered suitable alternative employment ahead of other individuals at risk. However, where shared parental leave is taken, individuals are only protected for the period of their maternity or adoption leave. We may see the new government extend protections to cover this additional period of leave.

“Employers will need to ensure that their policies reflect these extended protections and be aware that failure to account for the expansion may result in a costly unfair dismissal and/or discrimination claim.”

Lawrence Stephens Appointed to YBS Commercial Mortgages’ Panel of Solicitors

Posted on: September 5th, 2024 by Hugh Dineen-Lees

We are delighted to announce that Lawrence Stephens has been appointed to YBS Commercial Mortgages’ legal panel.

Gregory Palos, Head of Real Estate Finance at Lawrence Stephens, commented:

“We’re excited to be able to contribute our expertise to YBS Commercial Mortgages and its customers by providing proactive and insightful legal support.”

Ismael Garzon, Commercial Lending Completions Manager at YBS Commercial Mortgages commented:

“Adding Lawrence Stephens’ wealth of experience and proven track record to our legal panel, demonstrates our commitment to delivering a top-tier service to all our partners.”

Our Promise

Lawrence Stephens is committed to delivering excellence and fostering strong client relationships. Our inclusion in YBS’ panel reflects our dedication to these principles.

Matt Green comments on crypto exchanges and fraud in Law360

Posted on: September 4th, 2024 by Hugh Dineen-Lees

Matt Green, Director and Head of Blockchain and Digital Assets and Technology Disputes, comments on the role of crypto exchanges in tackling fraud and explains how their cooperation can assist in the recovery of stolen or hacked crypto assets, in Law360.

Matt’s comments were published in Law360, 4 September 2024, and can be found here.

Speaking with Law360, Matt explained that lawyers will often approach crypto exchanges to ensure stolen assets are frozen – however most exchanges insist on a court order before freezing the proceeds of fraud. “They often feel like they need the direction of a third party, whether it be a court order or under instructions of law enforcement: it means they do not have to act unilaterally,” he commented.

Discussing the role of crypto exchanges in such cases, Matt explained that “if a bank was holding illicit cash, you wouldn’t sue them unless there were substantive grounds to do so. You want to be chasing the money and the individuals involved. The exchanges often play a key role in helping provide disclosure, which is why they are brought into proceedings.”

Emma Cocker comments on Employment Tribunals and the Employment Bill in City A.M.

Posted on: August 29th, 2024 by Hugh Dineen-Lees

With the upcoming Employment Bill on the horizon, Senior Associate in the Employment team Emma Cocker comments on whether current Employment Tribunals will be fit for purpose, in City A.M.

Emma’s comments were published in City A.M., 28 August 2024, and can be found here.

“The government’s intention to significantly expand employment rights will have a monumental effect on employment tribunals. We already know that tribunal claims are up by around 7% compared with 2022/23 with over 650,000 open cases. Giving employees protection against unfair dismissal from day one of their employment along with the extension of time limits for bringing claims from three to six months is likely to significantly effect the Tribunal’s ability to deal with cases in a timely manner. 

“Worryingly, parties are already experiencing significant delays, with some cases taking over 18 months to reach a final hearing. Complex discrimination claims face the longest waits, with Tribunals struggling to find capacity for hearings that are often listed for a minimum of seven days.  

“The former Conservative government had consulted on the reintroduction of Tribunal fees; however these were nominal and would be unlikely to make any difference in combating delays. The current government’s main solution appears to be the digitisation of claims, but it is unclear what further improvements are proposed beyond the existing online platform for submitting claims and liaising with the Tribunal. 

“Employment Tribunals could become overwhelmed with increased claims on top of already long delays, meaning both employers and employees may face longer waits to resolve workplace disputes.”

If you would like any advice on the upcoming Employment Bill or Employment Tribunals, please contact a member of our employment team.

Regulatory update on the use of non-disclosure agreements

Posted on: August 23rd, 2024 by Hugh Dineen-Lees

On 6 August 2024, the Solicitors Regulation Authority (SRA) updated its warning notice to solicitors on the use of non-disclosure agreements (NDAs).  In essence, an NDA is any agreement/contract or clause within a wider agreement/contract under which is it agreed that certain information will be kept confidential between the parties.

In the employment law context, NDAs are typically found in settlement agreements. These are used by employers to settle employment tribunal claims, either after proceedings have been initiated, or as a way of securing the employee’s agreement not to bring claims in the future.

The SRA first published the warning notice in March 2018, following concerns arising from the #MeToo movement that settlement agreements containing NDAs were being used to prevent the reporting of misconduct to the relevant criminal and/or regulatory authorities, in particular, sexual misconduct.

The warning notice was revised in November 2020 to make clear that inserting other types of clauses which discouraged the reporting of incidents could also amount to a breach of the SRA’s regulatory Principles and Code of Conduct. Now the SRA has further updated the warning notice, which although aimed at solicitors, is useful for employers to be aware of when they are thinking of offering an individual a settlement agreement containing an NDA.

In particular, employers ought to consider:

Is an NDA required? The SRA states NDAs “should not be used routinely” and ACAS guidance highlights that careful consideration should be given to the need for NDAs on a case-by-case basis. Only use NDAs when they are genuinely needed. Be especially careful in cases where the employee has raised complaints that could constitute criminal conduct, or conduct warranting regulatory investigation and/or action. Template or ‘off the shelf’  agreements are not likely to be appropriate, so take specific advice in each and every case.

Time limits: Solicitors should challenge unreasonable time limits proposed by the opponent to ensure the individual’s solicitor has sufficient time to take instructions, advise and respond. Be wary, as an employer, of setting unreasonable deadlines and always ensure the individual has enough time to take proper legal advice.

Funding: Consider whether the typical contribution of £500 plus towards the employee’s legal fees is fair and reasonable in the circumstances, particularly if the employee has raised serious allegations that could constitute criminal conduct, or conduct warranting regulatory investigation and/or action.

Please contact our specialist employment team if you need further guidance on employment tribunal claims or settlement agreements and non-disclosure agreements.

 

 

Mohit Pasricha has been recognised as one of just 30 Leaders Under 40 Class of 2024 in the Leaders Sports Awards

Posted on: August 15th, 2024 by Hugh Dineen-Lees

We are delighted to share that Director and Head of Sports and Entertainment Mohit Pasricha has been recognised as one of just 30 Leaders Under 40 Class of 2024 in the Leaders in Sport awards.

Leaders in Sport serves to connect the most influential people and the most powerful ideas in global sport to drive the industry forward. Sponsored by Deloitte and now in their tenth year, the awards acknowledge exceptional individuals who have moved the sports industry forward in the last 12 months. Mohit was selected by an esteemed panel of over 70 judges in a highly competitive category with hundreds of nominations of an exceptional standard.

Mohit joins a high profile international cohort representing governments, regulators, clubs and major sports brands. He will receive his award at the awards ceremony to be held at BAFTA on Piccadilly on Tuesday 15 October. The event forms part of a series that comprise Leaders Week London, a gathering of the entire ecosystem of global sport to foster understanding of the global trends impacting the sport business landscape and how to commercialise them.

Click here to view the Class of 2024 in full.

Joanne Leach comments on anti-bullying policies in People Management

Posted on: August 6th, 2024 by Natasha Cox

Joanne Leach, Senior Associate in the Employment team, comments on a recent study which found that more than half of UK employees do not think that shouting at work counts as bullying and discusses how employers can address workplace bullying.

Joanne’s comments were published in People Management, 5 August 2024, and can be found here.

“Adopting an anti-bullying and anti-harassment policy is merely the first step an employer must take towards addressing workplace bullying. To ensure it is effective, employers must also train the whole workforce on what is required of them regarding their interaction with colleagues.

“What constitutes ‘acceptable conduct’ has shifted significantly in recent years, and behaviour that used to be tolerated can now lead to significant liabilities for an individual and their employer.

“When an incident of bullying occurs, employers are more likely to minimise liability with clear grievance and whistleblowing policies in place which employees can access and managers can understand.

“Policies that address workplace culture, such as a clear diversity, equity and inclusion policy and training on unconscious bias and allyship, also empower employees to support their colleagues and call out wrongdoing if they witness unacceptable conduct.”

If you would like any assistance in developing whistleblowing, workplace culture or diversity, equality and inclusion policies, please contact a member of our Employment team.

Lawrence Stephens announces five Director promotions

Posted on: August 1st, 2024 by Natasha Cox

Lawrence Stephens is delighted to announce the promotion to Director of five exceptional colleagues who have consistently demonstrated a drive for excellence and dedication in delivering the best outcomes for their clients at all times.

Rachel Coulthard from our Real Estate Finance and Banking team, acts for borrowers and lenders across bridging finance, development finance, secured lending and high-value refinances of property and property portfolios.

From our Corporate and Commercial team, Katherine Zangana has over a decade of experience acting for small and medium-sized businesses, specialising in acquisitions, restructuring and other corporate transactions, as well as commercial contract matters.

Having previously worked in the firm’s Dispute Litigation team, Abtin Yeganeh becomes Director in our new Property Litigation department, advising clients in relation to all aspects of real estate disputes – including secured recoveries, trespass, professional negligence, and landlord tenant matters

Having led the firm’s Family department since November 2023, Jim Richards and Eleanor Wood are both highly experienced solicitors with significant experience acting for a wide range of clients including high-net-worth and high-profile individuals, foreign nationals, non-domiciles, UK nationals living abroad, and multinational families.

Steven Bernstein, Managing Director at Lawrence Stephens, commented: 

“With these five Director promotions, and the launch of a new department for the firm, we are proud to be continuing to demonstrate Lawrence Stephens’ growth and cross-departmental expertise. Rachel, Katherine, Abtin, Ellie and Jim’s cross-sector practices reflect the full-service approach we take at Lawrence Stephens, and how we are able to deliver the best outcomes for our clients.”

Matt Green comments on the multi-billion pound class action over the delisting of the BSV cryptocurrency, in CDR Magazine

Posted on: July 31st, 2024 by Yvonne Uzoka

Director and Head of Blockchain and Digital Assets, Matt Green, comments on the news that the UK Competition Appeal Tribunal has agreed to certify a claim for investors to sue four crypto exchanges over their decision to delist the Bitcoin Satoshi Vision (BSV) cryptocurrency.

Matt commented: “This case lends itself to a wider narrative with two main camps: those who believe in BSV as Satoshi’s true vision for Bitcoin and those who do not.

“The claimant class may seek to justify both price and broader adoption issues on market manipulation and competition interference, in the form of delisting, by those who want to suffocate BSV. Whether there is a right to claim concerted market manipulation or whether this is simply private companies delisting a token to match market demand is likely to be a vital matter in this dispute.”

Matt’s comments were published in CDR Magazine, 31 July 2024.

Matt Green comments on the FCA fining a Coinbase subsidiary, in Thomson Reuters Regulatory Intelligence

Posted on: July 29th, 2024 by Yvonne Uzoka

Director and Head of Blockchain and Digital Assets and Technology Disputes, Matt Green, comments on the FCA fining Coinbase’s UK e-money business £3.5 million for onboarding high-risk customers.

Matt noted that the fine is a reminder that even the most established and trusted brands in the cryptoasset industry sometimes onboard high-risk customers.

Matt commented: “Funds are often off-ramped at crypto currency exchanges following a fraud, scam and or hack, turning the process of crime from crypto assets to fiat money, to be further laundered. The process itself means even the most trusted cryptocurrency brands can fall short during the onboarding process and allows high risk individuals to use these services to conceal and move money. In some respects, the more legitimate the exchange, the smoother the laundering process can be, subject to know your client checks.”

Matt’s comments were published in Thomson Reuters Regulatory Intelligence, 26 July 2024.

Central Family Court hands down landmark ruling in matrimonial property case

Posted on: July 25th, 2024 by Yvonne Uzoka

In June 2024, HHJ Edward Hess sitting in the Central Family Court handed down his judgment in the case of RM V WP [2024] EWFC 191 (B) ­­– a complex financial remedies case concerning the division of matrimonial property, and to what extent real property had been ‘matrimonialised’.

Jim Richards and Eleanor Wood of Lawrence Stephens acted on behalf of the husband, instructing Jenna Lucas of Pump Court Chambers.

The case centred around four properties owned by the respondent husband, with the wife arguing that she should receive 50% of the equity of all four properties. She argued this on the basis that these properties – owned by the husband prior to the marriage and held in his sole name – had become ‘matrimonialised’ by virtue of serving as family homes throughout their marriage. HHJ Hess found that one of these properties had never served as a family home, and as such had not been ‘matrimonialised’. The wife contended that she should receive 50% of the equity of the three remaining properties if HHJ Hess view was that this asset was not matrimonalised.

In considering what the wife’s award should be, HHJ Hess concluded in paragraph 37 of his judgment that “there is justification here for departing in the husband’s direction from an equal division of the net equity in the three homes which have been family homes. My view is that the fair answer here is for the wife to be awarded the amount that meets her needs.”

HHJ Hess ultimately assessed the wife’s needs to be less than 50% of the equity in the three ‘matrimonialised’ properties and granted her award on this basis accordingly.

Eleanor Wood, Co-Head of Family at Lawrence Stephens and solicitor for the husband, commented: “We are pleased to have secured a successful outcome for our client in a complex case which presented several issues which needed to be considered and dealt with at various stages.

“This highlights the importance of a well-prepared case to identify how the assets were used and where they originated when determining how they should be divided upon separation. The outcome is a fair one. It reflects the needs of the wife in conjunction with how the assets were used or matrimonialised, and that it is not always a simple sharing principle being applied.”

The full judgment can be read here.