Victim of Cryptocurrency Fraud Failed to Claim Against a Crypto Exchange

A claimant was recently induced to transfer approximately £2.5 million in cryptocurrency to unknown persons who were posing as a reputable American brokerage firm. However, it turned out to be a scam. With cryptocurrency’s emergence as a new and largely unregulated technology, it has often been used as a way of defrauding individuals. Today, we look at a long-running litigation case in which a victim of cryptocurrency fraud failed in their claim due to being unable to prove that the funds had reached the account he was claiming against.

Let’s find out more about the case.

Background

The cryptocurrencies were moved through various blockchain wallets in a series of transactions. The claimant alleged that a portion of his cryptocurrencies eventually reached the wallet of Bitkub Online Co. Ltd, a crypto exchange (“Bitkub”). He claimed against Bitkub in unjust enrichment and as a constructive trustee of the misappropriated funds.

It was held that the claimant failed to prove that on the balance of probabilities any of his cryptocurrency had reached the relevant wallet on the Bitkub platform. As the claimant failed to establish this factual issue, his claims upon the imposition of a constructive trust and in unjust enrichment were dismissed.

Decision

The court decided that Tether USDT is a property for the purpose of English law. It is neither a chose in action nor a chose in possession but a different form of property which can be the subject of tracing and can constitute trust property in the same way as other property. This reasoning should also apply to other cryptoassets such as Bitcoin and NFTs.

The court considered that a constructive trust could be imposed on Bitkub if the claimant could demonstrate that he could trace the misappropriated cryptocurrency to the wallet of Bitkub and also Bitkub received the assets with knowledge of fraud.

The court also confirmed that the defence of bona fide purchase for value without notice is available to the claim for cryptocurrency.

Although the claimant failed in this action, this judgment provides a practical guide on a number of important issues relating to cryptocurrency claims.

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Sumit Singh

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Should I put my business property lease in my personal or company name?

Taking on a business premises can be a high financial commitment. When entering a long-term lease with the Landlord, you typically do so with the confidence that your business will thrive and remain stable in the years to come. However, unforeseen circumstances can arise, and the type of lease you sign may put you in a challenging situation. Therefore, it is crucial to consider whether to put your business property lease in your personal name or in your company’s name.

Pros of entering the lease under a company’s name

A limited company has its own legal entity since the first day of its incorporation, which means that the company itself should be responsible for any debts owed by it. No matter you are a director or a shareholder of the company, most of the time you will not be personally responsible for the company’s debts. Put the lease under your company’s name can thus prevent you from being personally responsible for the lease.

In addition, if your company has operated for several years with extensive business experience and has previous rental history, the landlord is likely presuming that the company is a reliable tenant. As a result, the process of negotiating the lease with the landlord can be smoother and the landlord may not require a big amount of rent deposits or impose other hefty requirements.

Furthermore, tax issues should also be taken into consideration. A company may benefit from several tax reliefs and potentially lower tax rates. Put the lease under the company’s name may well save your money.

Cons of entering the lease under a company’s name

While it is always ideal to enter a lease under your company’s name, things can get tricky if the company is newly incorporated or it has little or no trading history. In this situation, it is likely that the landlord will demand a substantial rent deposit (often 3-6 months’ worth, but can be more). The landlord may also require you to provide a personal guarantor for the lease. The personal guarantor should normally be in a financial situation which is satisfying to the landlord.

For example, an ideal guarantor shall have some fixed assets, have stable revenues and preferable be a UK resident. Since the guarantor’s potential liability can be heavy, it is not easy to find a suitable person acting as a guarantor for you. These requirements are to ensure that the landlord will not suffer too much loss when the tenant’s finance is in problem, which means that it may be difficult to negotiate with the landlord to give up these requirements. If you cannot meet them, you may have to enter the lease under your personal name.

In conclusion, leasing business property is a complex decision with potential risks. It is essential to thoroughly understand these risks and weigh your options carefully before committing.

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New Right to Work Guidance Confirms Supplementary Work Update

Ensuring that employees possess the right to work is vitally important for employers. If employers are found to have employed staff who do not have the right to work, this can have devastating consequences. This includes outcomes ranging from civil penalties, to criminal sanctions.

Meanwhile, ensuring tenants have the right to rent is equally important. A landlord could be sent to prison for 5 years or get a fine for renting to someone they knew or had “reasonable cause to believe did not have the right to rent in the UK”.

The Home Office has issued new versions of the Employer’s guide to right to work checks and the Landlord’s guide to right to rent checks.

Update to employer’s guide

Reasons why the Home Office recommends businesses to require their contractors and labour providers to carry out right to work checks on those they employ or engage
When there is a technical issue beyond the employee’s control such as the production of an incorrect share code or they are temporarily unable to generate a share code, the employer or employee can contact the UKVI Resolution Centre on 03007906268 for help
Confirms that indefinite leave to remain endorsements in a current passport will be acceptable proof of right to work
Giving more details on the distinction between volunteering and voluntary work, who can undertake each under the conditions of their visas and voluntary fieldwork
Confirming that persons with Skilled Worker permission are able to undertake supplementary employment in any of the Standard Occupational Code (SOC) 2020 occupation codes listed in Tables 1 to 3 of Appendix Skilled Occupations of the Immigration Rules (ie any role that is eligible for a new application under the route). This is subject to the additional conditions for supplementary employment.

For further details, please see here.

Update to landlord’s guide

Confirming that from 31 October 2024, all new frontier worker applicants will receive a digital identity and not a BRP
Landlords who need help carrying out a right to rent check should call the Landlord helpline on 03007906268
If tenants need help accessing or using their Home Office online immigration status services, they can contact the UKVI Resolution Centre on 03007906268
If a prospective tenant can produce documents from the list, such as a passport (whether current or expired) endorsed to show that the holder is allowed to stay indefinitely in the UK including indefinite leave to remain endorsements in a current passport from a Crown Dependency, they will not require a follow-up check.

For further details, please see here.

If you have any questions regarding any of the above, please feel free to contact us and we will be happy to help.

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Sumit Singh

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How we Helped a Client with a Dispute Resolution on Amazon

We take pride in helping our clients protect their business interests on competitive markets like Amazon. This includes helping them with dispute resolution. Recently, we were approached by a client whose product link on Amazon was removed after a competing seller reported their product as infringing on a registered design.

Both the client’s and the seller’s products were similar, yet had key differences in their design. The competing seller had registered their design prior to our client, leading to a premature takedown.

Understanding the critical nature of Amazon sales for our client, we took swift action by issuing letters to both Amazon and the seller. These letters challenged the validity of the report, outlining the differences in design and emphasizing the groundless nature of the complaint.

In an impressive turnaround, the seller responded on the same day, agreeing to withdraw their complaint within 24–48 hours. This swift resolution led to Amazon reinstating our client’s ASIN (Amazon Standard Identification Number) within the same time frame. As of today, our client’s product link is fully restored, and they are thrilled with the outcome.

Final thoughts

This case showcases the effectiveness of quick, decisive legal action in protecting intellectual property rights and ensuring business continuity. Our firm is dedicated to achieving the best possible results for our clients. Whether it’s navigating complex e-commerce disputes or defending your product’s integrity, our firm is here to provide the expertise you need.

Have questions? Get in touch today!

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Sumit Singh

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What is the Difference Between Property Searches and a Homebuyers Survey?

When buying a home in the UK, it’s important to understand the difference between Property Searches and the Homebuyers Survey, as they serve different purposes.

The Homebuyers Survey

The Homebuyers Survey is a detailed inspection of the property’s general condition and identifies structural problems. The buyer needs to contact a surveyor and arrange for the survey. There are different levels of surveys:

1. Level 1: A basic report suitable for newer or well-maintained properties.

2. Level 2: More detailed, suitable for standard properties.

3. Level 3: The most thorough, ideal for older or complex properties needing extensive investigation.

Choosing the right level depends on the property’s age, condition, and your concerns or requirements.

Property Searches

Property Searches are carried out by your solicitor or conveyancer as part of the conveyancing process. The purpose is to uncover any issues that could affect the property’s value or your decision to purchase it. Common searches include:

1. Local Authority Search: Information on planning decisions, building regulations, and local developments.

2. Drainage and Water search: Ensures the property is connected to the mains water and sewage systems and provides information on the drainage setup.

3. Environmental Search/ Groundsure Homebuyers: Checks for flood risks, contaminated land, or other environmental issues.

4. Chancel Repair Search: Determines whether the property is subject to an ancient legal liability for repairs to the local church’s chancel.

Instead of carrying out property searches, you can get a ‘no search indemnity’ to protect your interests. However, the best way to protect yourself is still to conduct the searches. A ‘no search indemnity’ covers any issues that would have shown up in searches and protects you financially. People might choose this option to save on the cost of searches or if they’re short on time during the property transaction process.

Should I carry out the homebuyers survey and property searches?

It is advisable to carry out both the Homebuyer Survey and Property Searches when buying a home. Here’s why:

Comprehensive Understanding: Combining the insights from both the survey and searches gives you a full picture of the property’s condition and any potential legal or environmental issues.
Negotiation Leverage: The information from both can be used in negotiations with the seller or to adjust your offer based on identified issues.
Risk Mitigation: You reduce the risk of unforeseen problems that could arise after purchase, providing greater protection and peace of mind.

While it may involve additional costs, investing in both the Homebuyer Survey and Property Searches is usually worth it to ensure that you’re fully informed about the property you’re buying and can make a well-rounded decision.

Summary

Have questions? Get in touch today!

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Penalties for Illegal Employment: Restaurant Manager Gets 5-Year Ban

A manager of a restaurant in Herefordshire has recently been banned as a company director for five years after employing two illegal workers. The case highlights the penalties which employers face for illegal employment.

Background

Masoom Khan, who is a manager of an Indian restaurant in Herefordshire, hired two individuals for his restaurant. However, they did not have the right to work in the UK and were found during an Immigration Enforcement raid in June 2021. It was discovered that Khan had hired them without checking that they had the right to work in the UK, breaking the Immigration, Asylum and Nationality Act 2006.

The company was fined £20,000 and subsequently entered liquidation in December 2021 with liabilities exceeding £73,000. The Insolvency Service has disqualified Khan. The disqualification, effective from 17 September 2024, prohibits Khan from involvement in company promotion, formation, or management until September 2029.

For employers, such severe penalties are undoubtedly disastrous. UK governments have recently made a concerted effort to crack down on illegal work, with enforcement arrests more than doubling in the past year and fines rocketing. What happened to Khan underlines the importance of legal employment and compliant hiring procedures for UK employers.

How can employers avoid this happening ?

The high fines and strict penalties would simply lead a lot of employers to go bankrupt. So, how can employers play by the rules to avoid this happening?

Right to Work Check

Employers in the UK have a legal obligation to take Right to Work checks to verify that all of their employees have the legal right to work in the United Kingdom.

Firstly, employers should check the original physical documents provided by the employee or use digital verification systems provided by the Home Office to confirm an individual’s right to work. Furthermore, employers should require employees to provide a share code and their date of birth to verify their right to work through the Home Office’s online service. Where an individual’s documents are held by the Home Office or during an immigration application, employers should also use the Home Office Employer Checking Service to request official confirmation of the right to work.

Employers are under a duty to conduct proper checks to all potential employees and stay informed of the right to work status of their current employees.

By carrying out Right to Work checks in the correct manner, employers should be able to rely on a statutory defence against allegations of compliance breaches, where they can demonstrate they have taken consistent and compliant measures to ensure they are only hiring individuals with permission to work in the UK.

Sponsor licence

Faced with a shortage of local labour, many employers are putting their hopes on the global labour market. In order to employ foreign nationals who are not settled in the UK, however, employers must apply to the Home Office for a sponsor licence.

A sponsor licence is the formal authorisation granted by the Home Office to a UK organisation, allowing them to sponsor non-UK nationals under certain work visa routes. Once the employer has obtained a Sponsor Licence from the Home Office, they can issue Certificates of Sponsorship to potential employees to enable them to apply for a work visa in the UK. To obtain a sponsor licence, employers should submit an application to the Home Office to evidence their eligibility and prove that they meet the immigration compliance requirements.

The Sponsor Licence ensures that businesses remain compliant with UK immigration laws, avoiding penalties for hiring foreign workers. In addition, being a licensed employer (also known as a ‘sponsor’) can be an advantage when recruiting, further enabling businesses to bring highly skilled workers from overseas.

Our thoughts

Immigration law and requirements have been changing rapidly and it is harder than ever for employers to keep up with the latest changes and steer clear of illegal employment. Lisa’s Law Immigration team is experienced in assisting in such matters and will advise you on the latest requirements and guide you throughout the process.

Should you wish to know more information about immigration law, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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Work Visa Updates Webinar for Small Businesses – Part-Time Rules, Checks, & Penalties

The landscape of UK immigration laws is constantly evolving, and businesses must stay informed to ensure compliance and avoid costly penalties. Recent changes to work visa requirements, employer responsibilities, and penalties for illegal employment have significant implications for small businesses.

With this in mind, please join us on Friday 27th September for a talk given by our Solicitor, Peggy Lim, about Work Visa Updates in the UK.

By attending this event, you will gain valuable knowledge about these changes, as well as practical tips on how to manage your workforce in line with the latest legal standards. The webinar offers an excellent opportunity to hear directly from an immigration expert, get clarity on complex rules, and ask questions specific to your business situation.

Peggy will cover a range of topics including:

Work Visa Salary Increase

New Employer Sponsorship Rules

How to Check Worker Identity

Consequences of Hiring Illegal Workers

Key Points for Small Business Owners

Handling Civil Penalties for Illegal Labor

Open Q&A – Ask Anything!

At the end of the talk, there will also be a live Q&A session where you will be able to ask Peggy questions directly.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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Renters’ Rights Bill enters Parliament – what are the implications for renters and landlords?

The newly elected government has wasted no time in publishing its plans for the Renters’ Rights Bill, with the legislation beginning its Parliamentary journey on Wednesday 11^th September. The news will be hugely welcomed by renters, who have had their patience tested by long-awaited reform to the private rental sector.

Previously on offer for renters was the Renters’ (Reform) Bill, first introduced in 2023 under Rishi Sunak. Nevertheless, like many other pieces of legislation, the bill fell victim to the parliamentary wash-up period, a consequence of the 2024 general election. Some commentators have also pointed out active resistance to the bill from landlord MPs within parliament as a potential cause for the bill failing to be passed within the 5-year Parliament.

Despite this, hope for renters is not lost. The Renters’ Rights Bill resurrects several features of the Renters (Reform) Bill, such as a ban on no-fault evictions. It also promises to further strengthen the rights of renters and offer greater clarity to landlords. The government have signalled their desire to ensure that the bill progresses through parliament as quickly as possible, with Housing Minister Matthew Pennycook stating: “We hope (the bill) will make very quick progress through the House of Commons and that we have that new tenancy system in place within the first half or around summer next year.”

Let’s take a look at the Renters’ Rights Bill in more detail, focusing on the biggest aspects of the bill.

Abolition of section 21 evictions

A major feature of the Renters’ Rights Bill is the abolition of the controversial section 21 evictions. Currently, landlords are able to evict tenants after a fixed term tenancy ends, or during a periodic tenancy in which there is no set end date.

However, the abolition of section 21 evictions will simplify the private rental sector and make all assured tenancies periodic. This will give tenants more security by having no set end date, something which the policy also aims to enable tenants to challenge poor practise and unfair rent increases without the fear of being evicted by their landlords. You can find out more about section 21 notices here.

Furthermore, possession grounds will be clearer and expanded, to ensure that landlords can regain possession of their property when this is reasonable.

Banning bidding wars

The ability of renters to challenge above market rents will also be strengthened by the Renters’ Rights Bill.

At the moment, high demand for properties can often lead to situations where landlords set an advertised rate for their rental property but subsequently create an artificial bidding war by accepting the highest offer for a rental property.

This practise will be banned by Labour, with landlords and agents forced to set an advertised rate which they must stick to. The practise of accepting an offer above the advertised rate will be illegal.

Better quality homes

Both the Decent Homes Standard and Awaab’s Law are designed to ensure that rental homes are up to standard.

The Decent Homes Standard currently only applies to social housing, however this standard will now also apply to private housing. A privately rented property which fails to meet DHS standards will be open to enforcement by the local council. For example, they will have the ability to issue an improvement notice within a set timeframe. Landlords who fail to comply to the enforcement notice may be subject to a civil penalty or criminal prosecution. This will aim to ensure that private homes are safe and hazard-free

Follow its application to social housing last year, Awaab’s Law will also apply to private housing. This law will set new requirements to address issues such as damp and mould within a specified time period. Landlords who do not comply will be open to enforcement action in the courts by their tenants for breach of contract.

Rental discrimination

The new bill will make it illegal for landlords to discriminate against people who are in receipt of benefits or have children. While this will mean that overt practises such as ‘No DBS’ adverts will be banned, it will also aim to prevent more discreet means of discrimination in which landlords or letting agents may favour someone not in receipt of benefits or with children.

While landlords will have the final say, including carrying out referencing checks to ensure that the potential tenants can afford said property, they will not be able to make the decision based on the prospective tenant having children or being in receipt of benefits.

Private rented sector database

The aim of a private rented sector database is to benefit the system as a whole, landlords and tenants alike. For example, to offer a system which allows tenants to see whether landlords are compliant with regulations. For landlords, they will need to be registered on the database in order to use certain grounds of possession, as well as highlighting those are compliant.

Furthermore, it will seek to give councils the ability to target enforcement activity where it is most needed.

Giving tenants the right to request a pet in their property

The bill also gives tenants a greater opportunity to live with their pets by giving them the right to request a pet in their property. At the moment, under the Housing Act 1988 landlords are not obliged to allow tenants to keep a pet in their rental property.

The Renters’ Rights Bill changes this by stating that when a tenant requests a pet, a landlord cannot unreasonably decline their request. Tenants will also have the ability to challenge what they deem to be an unfair decision. Landlords will be reassured by the fact that the bill will include the ability for them to ask for insurance which covers pet damage.

We covered this topic in more detail in an article earlier this year which looked at whether landlords have to say yes to tenants when they request a pet. You can read that article here.

Private Rented Sector Landlord Ombudsman

Introduce a new private rented sector landlord ombudsman to provide resolution for complaints by tenants about their landlords as an alternative to court. Tenants will be able to use the free services to complain about a landlords’ behaviour or actions. The powers of the ombudsman could result in actions ranging from the issuing of an apology to the tenant, up to having to take remedial action and/or issuing compensation.

All private landlords in England with assured or regulated tenancies will be required to join, even if they use a managing agent.

Our final thoughts on the Renters’ Rights Bill

The Renters’ Rights Bill is at the beginning of its legislative journey and will be subject to scrutiny and potential amendments before it becomes law. Nevertheless, the large majority within Parliament for the new government, and their prioritisation of the bill means that there should be light at the end of the tunnel for renters. Whether it will be welcomed by landlords is a separate issue, and some will be anxious about whether they have enough time to adapt to the reforms.

Whether you are a renter, landlord, or homeowner, Lisa’s Law will keep you up to date with any of the big developments when it comes to the Renters’ Rights Bill, as well as other big property law updates. Subscribe to our various platforms today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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Sumit Singh

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How to Apply for a UK Family Visa from India

If you have family members in the UK and wish to join them, applying for a UK family visa from India is the appropriate step. This visa allows you to live with your spouse, partner, child, parent, or other close family members who are settled in the UK.

This guide will briefly explain the general requirements that must be met to apply for a family visa.

Written by Beryl Gao

Types of UK Family Visas

Depending on your relationship with your family member in the UK, you can apply for one of the following types of family visas:

1. Spouse or Partner Visa: For married couples, civil partners, or those in a long-term relationship.

2. Fiancé(e) Visa: For those planning to marry or enter into a civil partnership in the UK within six months.

3. Parent Visa: For parents of children who are British citizens or settled in the UK.

4. Child Visa: For children whose parent(s) are British citizens or have settled status.

5. Adult Dependent Relative Visa: For adults who need long-term care from a family member in the UK.

General Requirements

To qualify for a UK family visa, you need to meet several basic criteria:

Relationship Proof: Provide evidence of your relationship with the UK-based family member, such as a marriage or birth certificate.
Intent to Live Together: Demonstrate your intention to live together in the UK on a permanent basis.
Adequate Accommodation: Show that suitable accommodation is arranged for you and your family in the UK.
Genuine Relationship: Prove that your relationship with the UK-based family member is genuine and subsisting.
Good Character: You should not have a history of criminal activities or breaches of UK immigration laws.

Financial Requirements

One of the key requirements for a UK family visa is demonstrating that you and your sponsoring family member can financially support yourselves without relying on public funds. Here are the financial thresholds you need to meet:

Applications after 11 April 2024

If you first apply for a family visa as a spouse or partner after 11 April 2024, you need to meet one of the following criteria:

Have a minimum income: Applicants must meet a minimum income requirement of at least £29,000.
Have cash savings: Applicants must have a minimum cash savings requirement of at least £88,500.
Use a combination of both: Applicants can use a combination of both income and cash savings to meet the requirements. The formula to calculate the amount of cash savings needed for a UK family visa is Cash Savings Required = (Annual Shortfall x 2.5) + £16,000

Applications before 11 April 2024

If you applied as a spouse before 11 April 2024 and are extending your visa with the same partner, you need to meet one of the following criteria:

Have a minimum income: Applicants must meet a minimum income requirement of at least 18,600.
Have cash savings: Applicants must have a minimum cash savings requirement of at least £62,500.
Use a combination of both: Applicants can use a combination of both income and cash savings to meet the requirements. The formula to calculate the amount of cash savings needed for a UK family visa is Cash Savings Required = (Annual Shortfall x 2.5) + £16,000

If you have children, you must prove you have extra income unless the children:

Are British or Irish citizens
Have pre-settled status
Are permanently settled in the UK

For other children, the additional income required is:

£3,800 a year for the first child
£2,400 a year for each additional child

The maximum income requirement is capped at £29,000, regardless of the number of children.

Exemptions: Some applicants may be exempt from the financial requirement if the UK sponsor is receiving specific disability benefits or carer’s allowance.

What counts as income?

Income from employment before tax and National Insurance
Income earned from self-employment or as a director of a limited company in the UK
Cash savings
Money from a pension
Non-work income, for example from property rentals or dividends

Knowledge of English

Indian nationals aged 18 to 65 are required to demonstrate knowledge of the English language. You can meet this requirement in one of the following ways:

English Language Test: Pass an approved English language test at A1 level or higher in speaking and listening. Tests are usually conducted by recognized providers such as IELTS or Pearson. If you pass level B1, you can use your test result again when you apply for settlement after 5 years.
Academic Qualification: Hold an academic qualification (such as a degree) that was taught or researched in English and is recognized by UK NARIC as equivalent to a UK bachelor’s degree or higher.

Some applicants are exempt from the English language requirement if they are applying as an adult coming to be cared for by a relative or have a physical or mental condition that prevents them from meeting the requirement.

Application Process

Once your application has been submitted, you will need to schedule an appointment at a Visa Application Centre (VAC) in India for your biometrics. You will need to provide your fingerprints and photograph. You will not be able to submit further documents after your biometrics have been submitted and your application will be under consideration.

The standard processing time for a UK family visa application submitted from outside the UK is 12 weeks. However, you can choose the ‘priority service’ to get a faster decision which usually get a decision within 30 working days for Family visa applications from outside the UK.

Upon approval, you will receive a vignette(sticker) in your passport, allowing you to travel to the UK. You must collect your Biometric Residence Permit (BRP) before your vignette expires or within 10 days of arriving in the UK, whichever is the later.

All BRPs now expire on or before 31 December 2024. You do not need to tell the Home Office if your BRP expires on 31 December 2024 and you will be able to use an eVisa to travel to the UK in the future. Please contact Lisa’s Law Solicitors if you need any assistance with eVisa.

UK Application Visa Centres in India

In India, there are multiple Visa Application Centres where you can submit your biometrics and collect your entry clearance vignette. There are 29 UK Visa Application Centres in India, and some key locations include:

New Delhi
Mumbai
Chennai
Bangalore
Hyderabad
Kolkata
Pune
Ahmedabad

These centres are managed by VFS Global, the official partner for UK visa services in India. You can find your nearest location, opening hours and centre information on the VFS website. The link is https://visa.vfsglobal.com/ind/en/gbr/attend-centre

How many Indian migrants come to the UK?

Of the 1,218,000 who came to the UK in 2023, 10% (126,000) were EU nationals. This is similar to the 2022 total of 116,000. (BBC News)

About 85% (1,031,000) came from outside the EU. The top five non-EU nationalities were:

Indian – 250,000
Nigerian – 141,000
Chinese – 90,000
Pakistani – 83,000
Zimbabwean – 36,000

Home Office statistics show that nearly 80,000 family-related visas were granted, in the year ending March 2024, an increase of 22% on the previous year.

Common Reasons for Refusal

To avoid delays or rejection, be aware of common reasons for family visa refusals:

Incomplete or inaccurate information in the application.
Insufficient evidence of a genuine relationship.
Failing to meet the financial or English language requirements.
Missing or expired supporting documents.

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Sumit Singh

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What changes to litigation can be expected under the new Labour government?

The advent of the new Labour government sparked optimism within the legal industry, partly due to hope for a change in direction, but also due to the Prime Minister’s high-profile legal background and that of many of his colleagues. 40 bills were announced in July’s King’s Speech, however many in the legal profession were underwhelmed through a lack of immediate action on some of the more pressing issues within the system. So what litigation policies have been announced?

Well, notably absent was The Litigation Funding Agreements (Enforceability) Bill, as well as the Strategic Litigation Against Public Participation (SLAPP) Bill. However, the Arbitration Bill was one of the 40 bills mentioned as part of the new government’s priority agenda. Emphasis was also placed on employment rights through the inclusion of Employment Rights Bill.

Let’s take a look at these areas in more detail and examine the approach the government may take.

Arbitration Bill

Labour will look to implement the Arbitration Bill, which was due to be passed by the previous government, before failing due to July’s general election.

The bill is a consequence of the Law Commission being asked by the Government to review the Arbitration Act 1996. The Law Commission were tasked with reviewing whether there were any amendments needed to make the Act fit for purpose, as well as ensuring that the UK continues to be a leading destination for commercial arbitration. Their findings subsequently resulted in the advent of the Arbitration Bill, which re-entered Parliament in July’s King’s Speech.

With at least 5000 domestic and international arbitrations taking place each year in England and Wales, worth £2.5 billion to the economy in fees, it is vital to ensure that the UK maintains its world-leading position as the globally preferred choice for international arbitration.

The Arbitration Bill sets out how it will update the Arbitration Act 1996 and ensure more efficient dispute resolution by:

Clarifying the law applicable to arbitration agreements. This will provide greater certainty, avoid unnecessary satellite litigation and ensure parties are supported by our arbitration laws where appropriate.
Codifying a duty of disclosure for arbitrators. This will better protect the principle of impartiality and promote trust in arbitration.
Strengthening arbitrator immunity against liability for resignations and applications for removal. This will support arbitrators in making robust and impartial decisions.
Empowering arbitrators to make awards on a summary basis on issues that have no real prospect of success. This will improve efficiency and aligns with summary judgments available in court proceedings.
Empowering emergency arbitrators to issue peremptory orders and make relevant applications for court orders. This will enhance the effectiveness of emergency arbitrators and give them better access to court enforcement (as currently enjoyed by non-emergency arbitrators).
Revising the framework for challenges to an arbitral tribunal’s jurisdiction under section 67 of the 1996 Act. This will allow new rules of court to provide that such applications should contain no new evidence or new arguments. That will avoid jurisdiction challenges becoming a full rehearing, thereby preventing further delay and costs.

SLAPP Bill

To the disappointment of some, Labour could not commit to a timetable for bringing standalone legislation for a bill on strategic lawsuits against public participation (SLAPPs). Former Prime Minister, Rishi Sunak, had previously backed a Labour backbench MP’s attempt to ban SLAPPs, but this failed to pass before the election.

Despite this, a Labour justice minister in the House of Lords, Frederick Ponsonby, stated that the government would be conducting a review of SLAPPs. He added that, while it was important to outlaw abusive SLAPPs, at the same time there was a “need to protect access to justice for legitimate claims”. While acknowledging the need to urgently tackle SLAPPs in law, he could not commit to separate legislation.

SLAPPs have received widespread criticism, and are defined om a previous policy paper as “legal actions typically brought by corporations or individuals with the intention of harassing, intimidating and financially or psychologically exhausting opponents via improper use of the legal system.”

Employment Rights Bill

A major piece of legislation being introduced by the government is the “New Deal for Working People”. This significant reform to employment law includes an array of new day one employment rights for employees, banning so-called “exploitative” zero hours contracts, ending fire and rehire, and a new single-status of worker instead of the current three-tier system.

They have also promised to reform pay by making the minimum wage a “genuine living wage”, strengthen statutory sick pay, and ban unpaid internships which aren’t part of an education or training course.

We covered this topic in more detail here.

Litigation Funding

Finally, another pressing concern for litigators is litigation funding. However, this is unlikely to be addressed this year. Justice Minister Lord Ponsonby has outlined that a review of third-party litigation funding is currently being undertaken by the Civil Justice Council which should report by the summer of 2025.

The previous government had introduced the Litigation Funding Agreements (Enforceability) Bill in March following the UK Supreme Court’s Paccar judgment in 2023. However, this failed to pass due to the July government election, and was also missed out in the King’s Speech.

The current Labour government has signalled its desire to reverse Paccar, which equated a litigation fundings agreement with a damages-based agreement. This was a significant decision because LFAs entitle the funder to a percentage of any damages and/or proceeds which are recovered by the claimant. By amounting them to a DBA, there was concern that LFAs which were drafted prior to the Paccar decision would be held to be unenforceable DBAs.

Our thoughts

The new Labour government’s legal reforms represent a complex picture of both progress, but also a level of uncertainty. The Arbitration Bill, a key focus in the King’s Speech, aims to update the Arbitration Act 1996, enhancing clarity, efficiency, and impartiality in dispute resolution. This move underscores Labour’s commitment to maintaining the UK’s leading position in global arbitration, which is vital given its significant economic impact.

However, the absence of immediate action on pressing issues such as SLAPPs and litigation funding leaves some outstanding concerns unresolved – for the time being. The government’s promise to review SLAPPs and the anticipated report on third-party litigation funding reflect an acknowledgment of these challenges, but legislative action may be slow. Meanwhile, the “New Deal for Working People” promises significant employment law reforms, indicating a shift towards stronger worker protections. Overall, while there are promising developments, the legal community will need to remain engaged and proactive to address the unresolved issues effectively.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

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