Understand Your Rights. Solve Your Legal Problems
The European Union said on Monday that it had launched legal action against British-Swedish pharmaceutical giant AstraZeneca over a shortfall of COVID-19 vaccine deliveries to the bloc.
"The Commission has started last Friday a legal action against the company AstraZeneca on the basis of breaches of the advanced purchase agreement," said EU spokesman Stefan De Keersmaecker. “Some terms of the contract have not been respected and the company has not been in a position to come up with a reliable strategy to ensure a timely delivery of doses.”
Keersmaecker added that the action was launched “on behalf of the 27 member states that are fully aligned in their support of this procedure".
AstraZeneca stated its intention to strongly defend itself from the legal action, which it dismissed as “without merit”.
"AstraZeneca has fully complied with the Advance Purchase Agreement with the European Commission and will strongly defend itself in court," the firm said in a statement.
AstraZeneca’s COVID-19 vaccine was intended to be the centre of the EU’s vaccination drive, but the company has now become embroiled in arguments with the European Commission over shortfalls of delivered doses. AstraZeneca has stated that it is due to have delivered roughly 50 million doses to Europe by the end of April, but the commission argues that this is far lower than the amount that should have been shipped.
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At the heart of the dispute is AstraZeneca CEO Pascal Soirot’s argument that the company is only bound to a “best reasonable efforts” clause in its contract with the EU. The commission has argued that the rest of the contract holds AstraZeenca to a greater legal responsibility and slammed its continued delivery of promised vaccine doses to the UK, where it is headquartered.
Diplomats have stated that any lawsuit against AstraZeneca would begin in a Belgian court in accordance with agreements laid out in the company’s contract with the commission.
Sarosh Zaiwalla, Senior Partner at Zaiwalla & Co, discusses Zaghari-Ratcliffe's imprisonment and shares his thoughts on how the UK government ought to respond based on past dealings with Iran.
It is now more than five years since Nazanin Zaghari-Ratcliffe was put in jail for "working against the Iranian state". Ever since her secret trial, the 42-year-old British-Iranian mother has been arbitrarily detained as a prisoner of the Iranian regime. Regrettably, she has also become something of a pawn between Britain and Iran in relation to a diplomatic row relating to a longstanding dispute over arms payments.
The British prime minister, Boris Johnson, had a phone call last month with his Iranian counterpart, President Rouhani, and demanded her immediate release. The Times reported that Johnson called “her continued confinement completely unacceptable”, according to Downing Street.
An Iranian-British dual citizen, Zaghari-Ratcliffe was initially convicted after being found guilty of "plotting to topple the Iranian government". Her employer, Thomson Reuters Foundation, later released a statement making it clear that when arrested, she was not working in Iran as a journalist, but was on holiday in the country so that her daughter, Gabriella, could meet her grandparents.
In 2017, Zaghari-Ratcliffe faced fresh charges and this year faces another new charge of propaganda against the regime in the Iranian courts. Regrettably, it appears that the Iranian government may continue to use her as a bargaining chip in order to recover a long overdue debt of £400 million from the UK concerning the non-delivery of Chieftain tanks.
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In 2008, an international arbitration court ruled that the UK did owe this money, and last year the British government acknowledged the debt. Nevertheless, there has been an extended dispute over the exact amount that will be paid and what interest is due. In light of current sanctions that are applied against Iran, achieving repayment may still prove difficult.
Notably, the defence secretary Ben Wallace told Times Radio in a recent interview that Britain should clear the debt and that it was “absolutely right” that “we should honour that debt”. He added: “What we’ve said very clearly is that we comply with law and the rule of law . . . we should honour that debt and we should find ways to return it to Iran.”
Despite the obvious diplomatic problems, there have been circumstances, historically, where significant debts between the two countries have been honoured.
In 2013, one of Iran’s largest private banks, Bank Mellat, was held entitled to claim damages for a breach of human rights law by the UK government. More recently, the assessment of those damages came before the English courts. This action was stayed by a Tomlin Order, which attached a confidential settlement agreement. I am aware of its contents in a professional capacity.
The Times reported that the quantum of the settlement involved very material payment obligations by the UK government. Having been personally involved in the payment issues, I am aware that the UK government fully and properly honoured those obligations. This clearly demonstrates that payment to Iranian interests can be made when it proves convenient to do so.
Despite the obvious diplomatic problems, there have been circumstances, historically, where significant debts between the two countries have been honoured.
Accordingly, it would be disgraceful if the UK government were now to rely on a purported inability to make payment which further imperilled Mrs Zaghari-Ratcliffe, prolonging her suffering and that of her family, who have campaigned so hard for her release. Ultimately, this has nothing to do with paying a ‘ransom’, which no government can ever begin to contemplate, but has everything to do with the simple discharge of a commercial debt that has potential humanitarian consequences.
Anne Longfield, the former children’s commissioner for England, has launched legal action against TikTok on behalf of 3.5 million children under 13 over the platform’s collection and usage of their data.
Longfield alleges that the social media app has illegally gathered the personal data of millions of children since 25 May 2018, when General Data Protection Regulation (GDPR) came into effect. She states that TikTOk has taken this data without sufficient warning, transparency or consent that GDPR requires.
The legal claim aims to compel the app to stop processing this information, delete all such existing data and pay compensation to those affected. If successful, each of the affected children could be owed thousands of pounds in compensation.
A TikTok spokesperson said: "Privacy and safety are top priorities for TikTok and we have robust policies, processes and technologies in place to help protect all users, and our teenage users in particular.”
“We believe the claims lack merit and intend to vigorously defend the action."
Tom Southwell, partner at Scott + Scott and acting for Longfield, said: “TikTok and ByteDance’s advertising revenue is built on the personal information of its users, including children. Profiting from this information without fulfilling its legal obligations, and its moral duty to protect children online, is unacceptable.”
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According to Ofcom, 44% of eight to 12-year-olds in the UK use TikTok despite the platform’s UK policies not allowing children under the age of 13 to use the app. Users who download it are asked to input their age when signing up.
In February 2019, TikTok parent company ByteDance was fined a record £5.7 million in the US for the illegal collection of personal information from children under 13.
Follow on: Texas AG sues TikTok for violating children's privacy
Like virtually all countries in the world, New Zealand has its own visa system in place to screen incoming travellers and prevent undesirable individuals from entering the country. Yet the rules and regulations surrounding the New Zealand visa can sometimes appear confusing, especially to inexperienced travellers. In this article, we’ll go over them in detail.
In the past, New Zealand had visa waivers in place for a wide variety of travellers that wanted to visit the country on a Visitor Visa. These included, for example, citizens from 60 countries and cruise ship passengers and crew. All of those individuals were allowed to enter New Zealand without a visa. However, this no longer applies since 1 October 2019. If you are visa waiver, you now need to apply for the New Zealand Electronic Travel Authority, or NZeTA.
The NZeTA is, by all accounts, a visa, since it functions in exactly the same way. It allows you to enter New Zealand for a limited amount of time and must be applied for before departure. The NZeTA has to be acquired for all trips to New Zealand, including brief transits. The only people that are exempt from it are Australian nationals.
The visa is fit for a variety of activities in New Zealand, from tourism to business trips and even job applications. The visa is valid for two years, and you are allowed to stay in the country for up to 3 consecutive months.
However, unlike most regular visas that require a visit to the embassy, the NZeTA is instead applied for online. The application starts by filling out the online application form. This form asks all the standard personal questions such as date of birth and expected date of arrival. You must also state the purpose of your trip, tourism, business, medical or a transit. Extra care should be taken when filling out the passport details. The NZeTA visa is electronically linked to your passport number. If the number filled in on the application form is not correct, airlines and customs will not be able to tell whether you were granted a visa. You will not be allowed to board the plane to New Zealand. After everything has been filled in, the visa cost has to be paid. The visa is then granted on average within 5 working days.
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To apply for an NZeTA, a number of requirements have to be met. The passport used to apply for it needs to be valid for at least 3 more months after the planned date of departure from New Zealand. A return or onward ticket must already have been booked before departure. You must also be able to prove that you have sufficient financial means to pay for your entire stay. Working in New Zealand is not allowed under any circumstances, even if it concerns unpaid volunteer work. While you are allowed to go on a business trip with the NZeTA, this does not include actual labour. Finally, you cannot have received a prison sentence of 5 or more years. Additionally, if in the past 10 years you received a prison sentence of 12 months or longer, you also do not qualify for the NZeTA.
Failure to observe New Zealand’s visa laws can lead to immediate deportation and even a total ban on submitting any future applications.
The announcement of the breakaway European Super League, involving six of the biggest Premier League football clubs and six Italian and Spanish clubs, has drawn threats of legal retaliation.
The deal, backed financially by JPMorgan, was made public on Sunday and pre-empted the planned Monday announcement of reforms to the structure of the Champions League. It prompted swift backlash from the Union of European Football Associations (UEFA), the Premier League and several prominent politicians.
Quoted in iNews, sports lawyer Richard Cramer of Leeds-based Front Row Legal suggested that plans for the nascent league may yet be derailed by litigation from UEFA and the Premier League against the clubs attempting to break away.
“It’s such a momentous act for these clubs to break away from UEFA and to do their own thing, you can’t think they will just do it on a wing and a prayer,” Cramer said, adding: “Certainly you’ve got to think that litigation is definitely inevitable. I think you can say the lawyers will be sharpening their pencils tonight.”
It is also speculated that UEFA or the Premier League could pursue injunction proceedings to block the clubs from participating in the European Super League.
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Reactions towards the formation of the league have been largely negative, with Prime Minister Boris Johnson stating that he will ensure that the new organisation “doesn’t go ahead in the way that it’s currently being proposed.”
In a separate statement, French President Emmanuel Macron said that the French government would “support football authorities in taking action” against the European Super League’s formation.
Three magic circle firms are supporting an initiative to create a “universally standardised” template for non-disclosure agreements.
The OneNDA project lists Allen & Overy, Linklaters and Slaughter and May as part of its drafting group. Major non-UK firms Norton Rose Fulbright and Gilbert + Tobin are also represented on the team, along with Ashurst.
In addition to the aforementioned law firms, in-house counsel from a range of companies are also helping to contribute to the project, commenting on the NDA template as it develops and committing to adopt it once it has been finalised.
Companies involved include Airbus, American Express, Barclays, Bupa, Deliveroo, Ernst & Young, UBS and several Coca-Cola subsidiaries.
The OneNDA initiative was co-founded by Electra Japonas and Roisin Noonan, CEO and COO of The Law Boutique respectively. It aims to have approved a standardised NDA template by the week commencing 10 May and to have attracted 1,000 partner companies by the end of the year.
The initiative hopes that the introduction of a standardised NDA will provide greater commercial protection without unnecessary delay and minimise the potential for friction between parties beginning a business relationship. It will also reduce the need for repetitive, rudimentary legal work.
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“The most exciting bit about it is seeing the legal community really pull together in such an incredible way, from law firms to in-house counsel to legal tech vendors,” Japonas said. “The support has been unbelievable … it’s amazing to see how committed we all are to making this happen.”
Magic circle firm Linklaters has met its gender diversity goals amid a bumper partner promotion round.
The firm elected 35 new partners worldwide in its largest partner promotion round since 2007 when 38 lawyers made the grade.
Of the new partners, 14 (40%) were female, exceeding Linklaters’ previous gender target of at least 30%. Additionally, 25% of the new partners promoted in London, New York and Washington DC identified as being from a minority ethnic background, above the 15% target outlined in its race action plan.
Linklaters has recently increased its target for new female partner elections to 40%. Of all its current partners, 23% are female.
Charlie Jacobs, senior partner and chairman at Linklaters, said: “The diversity of talent we see in these promotions, including across practice and jurisdiction, is testament to the strength of our global network and to the firm’s ability to attract, retain and invest in leading individuals."
Geographically, the record promotion round swayed towards mainland Europe, with 15 new partners being promoted across Linklaters’ European network – up from 10 last year. Its UK cohort saw 14 promotions, down by one from last year.
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There were also two notable partner promotions in Linklaters’ affiliated firm in China, Linklaters Zhao Sheng, and a further two in Hong Kong.
News of the promotion round came on the same day that fellow magic circle firm Allen & Overy announced the promotion of 30 new partners, 10 of whom were female.
Global law firm Dentons has announced its combination with leading Bolivian law firm Guevara & Gutiérrez, becoming the only global law firm with a presence in the Andean nation.
The merger follows days after Dentons announced another combination with Ecuador’s Paz Horowitz Abogados, accelerating its expansion in Latin America.
Guevara & Gutiérrez is led by Ramiro Guevara and Priimtivo Gutiérrez, who founded the firm in 1989. It has offices in Bolivia’s capital La Paz and in Santa Cruz, the largest city in the country.
The firm, which specialises in banking and finance, dispute resolution, corporate law and energy and natural resources, has a total of 25 lawyers on its staff, nine of whom are partners.
"Guevara & Gutierrez and Dentons share the vision of building the dominant global law firm in Latin America and the Caribbean, one that allows us to follow the clients we currently serve into every corner of the region and world,” Guevara said in a statement. “Dentons’ commitment to excellence and unparalleled service are well matched with our own.”
Dentons’ global CEO, Elliott Portnoy, also hailed the merger. “The combination with Guevara & Gutiérrez will position Dentons as the only global law firm in Bolivia and will continue Dentons’ momentum in Latin America and the Caribbean allowing us to better meet our clients’ needs,” he said.
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Dentons is one of the largest law firms in the world, with a staff of more than 10,000 lawyers across 79 countries. It accounted for 85% of all cross-border law firm mergers in 2020, and has become the fastest-growing law firm in Latin America and the Caribbean since entering the region in 2016.
Dentons now has more than 400 practicing lawyers across Latin America.
In a historic victory for unions, Uber’s British drivers will receive the rights of full workers following a landmark Supreme Court ruling in February.
Uber said it was “turning the page” on workers’ rights, guaranteeing that its more than 70,000 UK drivers would receive a minimum wage, holiday pay and pensions as befits their “worker” designation.
“This follows the recent UK Supreme Court ruling, which provides a clearer path forward as to a model that gives drivers the rights of worker status while continuing to let them work flexibly,” Uber said in a statement on Tuesday.
The company also said its drivers would earn at least the National Living Wage, or £8.72 per hour, after they receive a trip request. Should this be adopted more widely, it could represent a major change for the gig economy.
In February, the UK Supreme Court dismissed Uber’s appeal against a 2016 employment tribunal ruling that its drivers should be classed as workers and not self-employed “partners”.
After its appeal was thrown out, Uber said it would consult with drivers while the implications of the ruling were worked out.
Other countries have taken different stances on the eligibility of Uber drivers to be considered full workers. France’s top court in 2020 recognised drivers’ right to be considered an employee, and European Union regulators are also considering the implementation of new rules to protect gig economy workers.
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Regulatory changes in California last year would have forced companies with a reliance on the gig economy to treat their contractors as full employees, leading Uber, DoorDash and Lyft to fund the $205 million Proposition 22 ballot measure. The measure was approved by voters, granting the companies exemption from the new labour law.
The CEO of Australia’s largest law firm has departed by “mutual agreement” following a firestorm over an internal email expressing disappointment over the firm’s decision to accept Australian Attorney-General Christian Porter as a client.
Annette Kimmitt resigned as head of MinterEllison on Wednesday, a week after sending an email to staff saying she felt “hurt” to learn that senior partner Peter Bartlett – who was not explicitly named in the message – was advising Porter over a rape allegation. The email was later leaked to news media.
“The acceptance of this matter did not go through the firm’s due consultation or approval processes,” Kimmitt wrote. “Had it done so we would have considered the matter through the lens of our purpose and our values.”
“The nature of this matter is clearly causing hurt to some of you, and it has certainly triggered hurt for me. I know that for many it may be a tough day, and I want to apologise for the pain you may be experiencing.”
Kimmitt’s email drew criticism as it emerged that Porter had a relationship with a firm predating the publication of the rape accusation by four months and that, as the most senior partner at the firm, Bartlett may not have been required to seek approval before giving advice to Porter.
In an email sent to staff at 10:00 PM this Wednesday, MinterEllison chairman David O’Brien said Kimmitt’s immediate departure had been “mutually agreed”.
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"We have thanked Annette for her years of service and dedication and wished her well for the future," O’Brien wrote.
Kimmitt was appointed CEO in July 2018, and by the time of her departure was halfway through a five-year contract.
