LEGAL DIARY

Diary news plus insights, commentary and appointments from the legal world

18 September 2026

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: Doomed?

Fearful and flummoxed – that would probably best sum-up the mood following the warnings that – courtesy of AI – we are on the edge of the eve of destruction. Suggestions that we should sue someone if it actually happened seemed a bit redundant.

Instead we begin to demand that ‘Something needs to be done to stop this kind of thing’. But what?

“AI development perhaps should not be prohibited or completely paused, but there needs to be serious guardrails to ensure safely and the protection of human rights” suggested one commentator. Another (see COMMENT below) added “Piling new legislation over existing laws risks yet more confusion and better enforcement of existing legal frameworks might be more effective.”

But are there any existing legal frameworks which take account of these unprecedented developments?

Only robust, co-ordinated action internationally-based around a sustained consensus will protect us. But, as we know, that does not exist.

So will it be the lawyers, the technicians or the politicians who save humanity?

Need to ask AI for an answer, presumably.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

Betting on the Exposure

From Marylebone to Mallorca

Ferry Cross the Severn

Devolution Disuniting the Kingdom?

+ LEGAL COMMENT OF THE WEEK

on the threat from AI, water company supervision, Thirlwell inquiry, Flower BOX IP row, PSNI apology and Pre-nips.

+ APPOINTMENTS OF THE WEEK

at CLYDE & CO and BOODLE HATFIELD

LEGAL DIARY OF THE WEEK

Betting on the Exposure

Novig might be the largest sports prediction market in the United States but did it predict the controversy around its recent advertising campaign featuring Sydney Sweeney in various sporting postures?

Whether the campaign will be good or bad for business remains to be seen. But it certainly generated a lot of coverage – or maybe uncoverage – in the press. And maybe that was the point. It might have been in poor taste but it, probably, did not break the law.

“The UK advertising rules do not prohibit attractive or sexualised imagery in itself, and public backlash does not automatically mean an advert has breached the Advertising Standards Authority’s codes,” explained Iona Silverman, Partner and advertising & marketing specialist at Freeths. “The legal test is more nuanced, focusing on whether an advert perpetuates harmful gender stereotypes or is likely to cause serious or widespread offence.”

Clearly a lot of offence was taken. But how much constitutes ‘widespread’? And what does the law mean by ‘serious’? Given that Novig is a risk-based business one suspects that it had weighed up the risk and thought it worthwhile. After all the calculation might have been that even if they lose they still win in the long-term.

“Some brands appear to treat outrage as a media-buying strategy, deliberately courting controversy in the hope of generating attention, social media engagement and free publicity,” commented Silverman.

One rather suspects that those who were most offended were the least likely to become Novig’s customers in the first place. ‘Win Some, Lose virtually nothing.’ was probably Novig’s gamble.

From Marylebone to Mallorca

AFP Bloom, the high end Wigmore Street family law firm best known in some quarters for its ‘Divorce Goddess Podcast: Independence and Empowerment through Divorce’ is extending its wings geographically to launch a new ofice in Palma. Always with a strong Anglo-French practice it is now going full-throttle as AFP Bloom International so as to deliver English law expertise to families in Mallorca.

As William Healing, Partner and Co-Founder of the firm comments, “We’ve spent years advising international families — coordinating with lawyers in France, Spain and further afield for clients whose lives already span more than one country. Expanding into Mallorca is a natural next step for us. There’s a real and growing need for genuine English expertise, based on the ground, and that’s exactly the gap we’re placed to fill.”

The advantages are obvious for the significant number of members of the English community on the island. “There is very little genuine English expertise based on the island to support them,” points out Zoë Bloom, another Partner and Co-Founder. “That creates a clear need for the kind of specialist advice we already provide.”

As the firm explains, most of its cases involve complex financial structures, international assets or high conflict dynamics where experienced strategic litigation makes a decisive difference to outcome. “Many of these cases become reported decisions, shaping the development of modern family law.” Should be an important addition to the Mallorca legal scene.

Ferry Cross the Severn

Cardiff has been the focus of attention this week as nationalist leaders from N.Ireland, Scotland and Wales gathered together to celebrate their shared Celtic identity and declare that time is up for Westminster’s suzerainty.

A good time then for Devonshires (candidly, the perfect English name) to ride into town and open a new office in the Welsh capital city. “The move reflects the firm’s deep commitment to the Welsh market as demand grows for specialist legal advice across the housing, real estate, development and infrastructure sectors,” read the official announcement.

Actually the firm already had roots in the principality having set up one of Wales’ leading social housing practices and advised on every major merger involving the country’s Registered Social Landlords (RSLs) over the past five years. So it is not just an opportunistic blow-in chancing its arm at the other end of the M4.

Leading the new office and heading up the Welsh practice will be Liz Gibbons, a real estate and social housing lawyer. Previously at Acuity Law, where she was a Senior Partner in the firm’s Real Estate and Social Housing team, Gibbons says that it is an exciting time to be working in Wales.

“With significant government funding available, there are new investment opportunities across the length and breadth of the country,” she observes. “With further legislative and regulatory change on the horizon, affordable and social housing providers will need access to the very best full-service legal advice to realise these growth ambitions. Devonshires is well placed to support with our deep understanding of both RSLs and the broader property market, and I look forward to bringing my experience to bear.”

Devolution Disuniting the Kingdom?

Meanwhile how does the Celtic resurgence mesh with Andy Burnham’s no-doubt sincere declarations about devolving power from London to regional Mayors? While they represent a powerful statement about Burnham’s Premiership it has been noted that they are all about England – and that is decidedly frustrating people elsewhere in the United Kingdom.

Laura Hughes, Partner and Head of Public Law at Browne Jacobson, has highlighted as much this week when she said “The devolved nations have consistently made it clear that England can’t be the only show in town when it comes to devolution if the UK Government is to achieve its mission of rebalancing our national economy, and address deep-seated regional inequality.”

In any case talking about mayors is all very well. But what if you don’t have a Mayor in the first place – as happens to be the case outside of England. “As none of the major cities in the devolved nations – whether it’s Cardiff, Swansea, Belfast or Edinburgh – have the same structure of elected mayors, they are at risk of not being able to access such funds at a time when Andy Burnham is promising to go further and faster in giving English mayors greater fiscal control,” points out Hughes..

Of course there is the odd anomaly. Cornwall, for example, has no Mayor nor likely to have one. But a special case has already been made for that county nonetheless to access greater devolution.

“There is clearly potentially a tension between the desire of the Burnham government to put power at the regional level, and the ambitions of the devolved nations for more power to be centred on their nations,” says Hughes.

How Burnham squares the circle of supporting ‘devolution’ without feeding the fires of Celtic nationalism might well prove to be one of the more interesting aspects of Burnham’s premiership.

LEGAL COMMENT OF THE WEEK

TOPIC Measures to protect against abuse of human rights by AI

COMMENT BY: Julian Hayes, BCL Solicitors

“The most striking aspect of today’s Parliamentary report on AI regulation is how impotent it shows domestic legislation to be.

“The global AI giants operate at international not a national level and they are chiefly driven by commerciality. The EU market is more than six times the size of the UK’s, so is a more attractive target for AI products; the EU AI Act – already partially in force – will attract far greater attention than an Act of the UK Parliament which might, potentially, be passed some time before the next general election.

“Legislation already exists to tackle a number of issues highlighted in today’s report – deepfake intimate image abuse, ‘computer says no’ reliance on automated decision-making, and the risk of discrimination.

“Piling new legislation over existing laws risks yet more confusion and better enforcement of existing legal frameworks might be more effective.

“Today’s report has generated headlines because it was published against a backdrop of rogue AI stories and calls by leading tech companies to decelerate the pace of AI development. But without an internationally concerted approach, national rules seem almost redundant; domestic hand-wringing will achieve little unless it is accompanied by widespread agreement over what a new framework for AI development should look like.”

TOPIC: The possibility that regional mayors and other local political leaders might be given supervision of water companies (following the  recommendation of Sir John Cunliffe’s Independent Water Commission)

COMMENT BY: Steve Gummer, partner and head of the energy and infrastructure, Sharpe Pritchard

“This is exactly the right proposal. What is needed is the practical way to start delivering Cunliffe now, without losing years to unnecessary organisational upheaval.

“The priority must be to change how regulation works, not spend years changing the name above the door. We can spend the next 5 years reorganising government institutions in an expensive version of musical chairs. Or we can accept  Ofwat and the other regulators already have good personnel, the legal framework, expertise and working relationships. What we need is to give them the mandate, resources and coordination needed to act now. This country can get all the good regulation it is willing to pay for.

“We can then move to the critical phase two. This is about making water understandable and accountable to regional stakeholders. This is critical. We need to embolden a permanent integrated regulator and embed real regional accountability, including a meaningful role for mayors and local leaders. There are already a number of combined authorities that work really well with water companies and this can be taken further with real powers.

“What the government is proposing is not a compromise. It is a faster and more radical route to reform: improve regulation now, prove the model and build the permanent structure around what works.”

TOPIC:The possible outcomes arising from the Thirlwall Inquiry set up to examine events at the Countess of Chester Hospital and their implications following the trial, and subsequent convictions, of former neonatal nurse Lucy Letby

COMMENT BY: Daniel Irving, Legal Director (Barrister), Birketts LLP

“The crucial aspect to the Thirlwall Inquiry report will be whether and how quickly the government chooses to adopt Lady Justice Thirlwall’s seventeen recommendations. While a Public Inquiry will normally conclude by making carefully considered recommendations based on a detailed examination of the extensive evidence they have heard, the government is not obligated to implement all or indeed any of those recommendations.

The Grenfell Tower Inquiry, which reported in September 2024, recommended that there should be a publicly accessible record of recommendations made by public inquiries and, thankfully, that recommendation has been implemented. There is now a government webpage that records public inquiry recommendations made since 2024, the government’s commitments in response to these recommendations, and updates on implementation. This change operates to provide a level of accountability but in terms of their status, they remain recommendations only.”

TOPIC: The IP row over the use of the trading names Flowers Box and Flowers Box London as competing names to Flowerbx Ltd as originally created in 2015 by former fashion executive Whitney Bromberg Hawkings

COMMENT BY: Ella Newell, Senior Associate and Trademark Attorney, Marks & Clerk

“The judgment clearly demonstrates the power of a reputation. In infringement claims such as these, the existence of a reputation cannot be claimed per se and must be shown via evidence. The evidence put together by Flowerbx, which referenced their increasing turnover, social media engagement and advertising activity (including adverts on the side of London buses) painted a clear picture of their reputation in their FLOWERBX trade mark. In addition, they also submitted evidence of collaboration with celebrity figures and subsequent media coverage.

To further support the claims, Flowerbx were also able to submit instances of actual consumer confusion, such as incorrect TrustPilot reviews and communications with consumers that suggested they thought they had purchased from Flowerbx, when they had in fact purchased from Flower Box London. All of this enabled the judge to find that the FLOWERBX trade mark benefitted from enhanced consumer recognition and that the activities of Flower Box London infringed on the FLOWERBX trade mark.

Successfully alleging a reputation can be difficult – not necessarily because a reputation might not exist, but because it must be properly evidenced. Particularly for luxury and high end brands, this case serves as a reminder of the importance of documenting branding activity that clearly show the efforts undertaken to drive promotion and recognition of a trade mark. This includes core data such as turnover and sales figures, but also more nuanced considerations such as the level of consumer engagement associated with a celebrity collaboration (such as an increase in website views following a successful event). Demonstrating this evidence helps to paint the overall picture that results in a strong trade mark which can be enforced against third parties who may be ttrying to do something similar.“

COMMENT BY: Maria-Christina Peyman, Head of Intellectual Property and Partner, Dispute Resolution Team,  Birketts LLP

“Whitney Bromberg Hawkings’ case highlights a number of important lessons for businesses when it comes to trade marks. Firstly, register your trade mark as early as possible. Ms Bromberg Hawkings’ registration predated the incorporation of ‘Flowers Box London’ by Mr Gajewski giving Ms Bromberg Hawkings the ‘timeline advantage’. Secondly, small changes in relation to spelling are not going to offer protection against arguments of infringement, in this instance the addition of one letter to each word, was entirely insignificant.  It is accepted that consumers have an imperfect recollection of trade marks, rarely comparing them side by side, and therefore minor changes will not be recalled / noticed. This case underlines that very point, as there was evidence of instances of customer confusion which point directly to the that that although the brand names are not identical, they were of sufficient similarity so as to give rise to confusion for consumers. 

From Mr Gajewski’s perspective, it appears on the evidence before the court, that he quickly became aware of Flowerbx’s place in the market, their high-end reputation and that his business was being confused with that of Ms Bromberg Hawkings’. It would have been prudent to take some steps to look into the trade mark position and the timelines of the respective businesses to determine his own position. While deciding to change a brand is not something that business owners want to do, there are circumstances where it may be a commercial decision / strategy to take when the business is able to exercise control and drive the narrative on the rebrand.  In this instance, it is unlikely that Mr Gajewski will be given much time to effect any rebrand. Added to which there will now be the issue of costs and damages.” 

TOPIC: The apology given to Ursula Merrick, a former Chief Inspector in the Police Service of Northern Ireland by the force’s Chief Constable, Jon Boutcher, for the discrimination which she had suffered in the force.

COMMENT BY: Chloe Grant, Senior Associate, Bellevue Law

“It is encouraging to see the PSNI accept responsibility for the failings identified by the Employment Tribunal in Ms Merrick’s case. Given the Tribunal’s findings were reached in 2023, however, questions may reasonably be asked about why it has taken three years for a formal apology to be issued. For those affected by discrimination, accountability may be most meaningful when it is timely and provides confidence that lessons have been learned.”

TOPIC:  The new Sky TV drama WAR which hinges on the role of pre-nups.

COMMENT BY: Laura Mortimer , Head of Family, B P Collins

“The courts of England & Wales have repeatedly demonstrated that if you have assets to ring fence, it is better to have one than not.

“A prenup in this country isn’t about just making sure one person gets to keep everything and the other has nothing. It’s about making sure that generational wealth, or wealth that has been brought into a marriage is protected, whilst also making sure that both spouses can walk away from the marriage able to meet their needs and those of their children.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

CLYDE & CO

Suriya Ashok has been appointed as a Partner by Clyde & Co in its Energy, Projects & Construction practice based in Bristol.

Previously with Freeths LLP, where she built a specialist practice advising clients on the construction and delivery of renewable energy projects, Ashok’s experience ranges from mainstream infrastructure, construction and commercial development work to renewable energy (solar and battery storage) and waste projects.

“The energy transition continues to drive significant demand for specialist legal advice across the construction and projects sector,” said Steve Cannon, Partner and UK Co-Head Energy & Construction at Clyde & Co. “Suriya brings a combination of deep technical construction expertise, strong commercial judgement and a proven ability to build trusted client relationships in the renewable energy market. Her expertise in battery storage and wider clean energy infrastructure will strengthen our Energy, Projects & Construction practice as we continue to support clients navigating increasingly complex energy transition projects.”  

Ashok added that, “The global transition to cleaner energy sources continues to create significant opportunities and challenges for developers, investors and other market participants. Clyde & Co’s international platform, collaborative culture and strength across construction, energy and infrastructure make it an ideal environment to continue developing my practice and supporting clients on some of their most important projects.” 

BOODLE HATFIELD

Tom McLaughlin has joined Boodle Hatfield, the private wealth and real estate law firm, as a Partner in the firm’s Employment team with a view to strengthening the firm’s ability to support private clients, entrepreneurs, family businesses, executives and employers on the full spectrum of employment and workplace matters.. Previously with Brahams Dutt Badrick French LLP, where he was a Managing Associate, McLaughlin advises employees, employers and partnerships on a broad range of employment and workplace matters. His practice has frequently involved business-critical issues, including team moves, partnership disputes, workplace investigations, workforce restructurings and cross-border employment matters.

“Tom’s arrival represents an exciting step for our Employment team,” commented Simon Gorham, Head of Employment. “His expertise in employee competition issues, executive disputes and complex employment litigation complements our existing practice exceptionally well. He has built a strong reputation advising both employees and employers on a broad range of workplace issues, and his breadth of experience will further strengthen our offering across the full spectrum of employment law.”

McLaughlin added, “I am delighted to be joining Boodle Hatfield. The firm has a longstanding reputation for excellence and is known for delivering trusted advice to individuals, families and businesses alike.”

We hope that you’ve been interested or amused by something in this week’s LEGAL DIARY. If so do send on to colleagues.

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fennell.edward@yahoo.com