The Law Firm Taking on Corporate Giants
Tom Borman, LawFuel contributor
In terms of legal careers Yorkshire-bred lawyer Martyn Day has one of the more colourful. The co-founder of US-style, no-win, no-way lawy firm Leigh Day, co-founded by Day, has become synonymous with David-vs-Goliath legal battles.
His latest legal escapade is the battle against Harrods over the claims of sexual abuse from former owner Mohammed Al Fayed
For Day, it is another ‘day’ in the office.
A Times profile noted that his firm has become the bête noire of multinational companies with major corporates having to pay out settlements running into the millions of pounds after settling claims brought by Leigh Day.
From Humble Beginnings
Founded in 1987, Leigh Day has grown from a small personal injury practice to a formidable force in international human rights law. With 263 lawyers and 839 total staff, the firm focuses on consumer law, medical malpractice, personal injury and related cases, often taking difficult cases on its no-win, no-pay basis.
“Our objective is to obtain legal redress for clients who would otherwise have no access to justice,” says Richard Meeran, a partner at Leigh Day.
This mission has led the firm into battles against corporate behemoths like Volkswagen, Shell, and British Airways, resulting in settlements worth millions of pounds.
Innovative Financing for Justice
Unlike traditional law firms, Leigh Day operates on the familiar personal injury model used by so many US law firms, the “no win, no fee” model used in most of its cases. This allows them to take on high-risk, high-reward cases that could potentially change industry standards.
To finance these expensive endeavors, the firm employs a unique strategy of partnering with specialized hedgee funds that provide upfront capital in exchange for a percentage of winnings.
The firm also uses the smaller, personal injury claims to help fund its larger, more risky international legal claims.
This approach has enabled Leigh Day to pursue groundbreaking cases, such as the ongoing equal pay disputes against major UK retailers, which could result in hundreds of millions in payouts to claimants.
Controversy and Criticism
Leigh Day’s aggressive tactics have not been without controversy. The firm faced scrutiny over its handling of cases involving alleged mistreatment of Iraqi detainees by British troops. While cleared of wrongdoing by the Solicitors Disciplinary Tribunal, the incident served to highlight the high-stakes nature of the firm’s work when it is tangling with powerful entities.
Critics have accused Leigh Day of the standard “ambulance chasing” claims, a charge the firm vehemently denies.
“Our work serves as a deterrent against future corporate wrongdoing,” Meeran told The Times in its firm profile, emphasizing the broader social impact of their cases.
The Al Fayed Road Ahead
As Leigh Day continues to take on new challenges, including the recent allegations against Harrods and its former owner Mohamed Al Fayed, the firm shows no signs of slowing down.
The firm, in collaboration with US law firm Motley Rice, is investigating potential legal actions on behalf of individuals who claim to have suffered trafficking, rape, serious sexual assault, psychological abuse, and exploitation while employed at Harrods, according to the firm.
The lawyers argue that the famed store effectively became a vehicle for human trafficking, with young women recruited ostensibly for executive positions, only to be subjected to prolonged sexual exploitation and abuse.
Included among the legal team handling the claim is Human Rights barrister Phillippa Kaufmann KC (pictured)of Matrix Chambers and regarded as one of the country’s leading human rights lawyers.
Systemic Failure in Sexual Abuse Claims
Leigh Day is also exploring the possibility of claims against the Metropolitan Police by survivors who reported their abuse but felt that insufficient action was taken.
This aspect of the investigation raises questions about the broader systemic failures that may have allowed the alleged abuse to continue unchecked for years, which raises equally serious and wide-ranging issues.
Although the claims – numbering more than 70 potentially – are hindered by the statute of limitations issues, the legal strategy appears to focus on holding Harrods accountable as an institution, rather than pursuing claims against Al Fayed’s estate directly, recognizing the corporate responsibility and vicarious liability of Harrods for the actions of its former owner and the alleged systemic failures within the organization.
It is also likely that the lawyers will argue that the courts should dis-apply the standard time limits due to the exceptional circumstances of the case and the ongoing impact on survivors.
Martyn Day, at 67, remains passionate about his work: “For me, it’s about making a real difference in people’s lives and holding the powerful accountable.”
Handling another high profile case is all part of the Leigh Day workday, it seems.
Challenges and rewards are balanced in a manner that provides a unique law firm in the UK legal landscape with a business model that works to provide rewards for the lawyers and, more importantly, the victims of big business malpractice.
