Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
16 May 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK : Law is the Real Deal
The practical impact of Keir Starmer’s success in racking up trade deals with the US, India and (maybe) the EU will take some years to evaluate. In the case of India the benefits to the legal community in particular are still very hazy. However, whether modest or magnificent, they show some movement in the right direction.
The underlying problem for the UK, however, is that it remains a country of two nations. Alongside the anxieties about low productivity we have – as the latest figures from The City UK (below) illustrate – a fantastically successful professional services sector with financial services (accounting, management consulting and legal services) contributing £29.4bn, £16bn and £38bn respectively to the national economy. Impressively it is almost three times more productive (relatively speaking) than the wider industrial scene. And, overall, UK-based financial and related professional services generated a trade surplus of £114 bn. in 2023. And on top of which 44% of European lawtech start-ups are in the UK!.
So what’s the advice to the rest of the UK economy? Be more ‘law’.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
City UK Gives Thumbs Up to Legal Services
In-House Ethics for beginners
Risky Regulatory Business
Private Prosecutions in Need of a Code of Practice
+ CONTRIBUTED ARTICLE OF THE WEEK
The Growing Responsibilities of a General Counsel by Jerry Temko
+ LEGAL COMMENT OF THE WEEK
on the Peter Sullivan case, e-scooters, surrogacy legislation, the assisted dying bill, modernising the law on wills and the farm inheritance tax
+ APPOINTMENTS OF THE WEEK
at BCLP and LEVEL
LEGAL DIARY OF THE WEEK
City UK Gives Thumbs Up to Legal Services
Just published this week the City UK’s ‘Key facts about UK-based financial and related professional services 2025’ is as encouraging as ever about the country’s financial sector and ancillary professional skills. However much the UK is threatened by the USA (or maybe favoured – who knows, it varies from week to week) the country is well ahead of our friendly neighbours in the rest of Europe.
For example, UK-based financial and related professional services generated a trade surplus of £114 bn. in 2023. And with legal services employing 364,000 people in support of financial services amounting to £38bn worth of UK real output in 2024 the sector has much to be proud about.
The particular area highlighted by the report, however, was the growth of legal tech with the UK home to a staggering 44% of all LawTech start-ups in Europe. “Legal services is making greater use of artificial intelligence, which has the potential to lower costs over the medium to long term,” says the report. “Additionally, the internet facilitates the provision of very basic legal services at low cost, bringing such services within the reach of individuals who may not otherwise be able to afford them. LawTech, the sector that uses new technologies to provide legal services, is now worth at least $30bn globally. The UK has become a global LawTech hub, with more than 350 companies attracting more than £5.5bn of investment in 2023, and 44% of all LawTech start-ups in Europe.”
The report goes on to highlight that the UK benefits from a highly developed legal market, a technology talent pipeline, a competitive tax system, and a liberal regulatory regime. “Whereas most jurisdictions continue to bar nonlawyers from involvement in legal services firms, the UK’s Legal Services Act 2007 permitted Alternative Business Structures (ABS), business models that allow investment, ownership and management by non-lawyers,” it says, adding that a 2025 study published by Thomson Reuters found that around one-third of law firms use Alternative Legal Service Providers (ALSPs), mostly large firms (54%) due to their scale and resources. Moreover, law firms and corporate law departments are increasingly appreciating ALSPs for their specialised knowledge, cost-effectiveness, and capacity to handle large volumes of work.
Says it all, really.
To read the full report go to: https://www.thecityuk.com/media/vs1lyxav/key-facts-about-uk-based-financial-and-related-professional-services-2025.pdf
In-House Ethics for beginners
Published earlier this week by the Law Society is its ‘Ethical Practice Framework for In-House Solicitors: Ethical Decision-Making Tool’.
It is free; it is on-line; and to work your way through the course requires a mere half an hour. And with realistic interactive scenarios to help lawyers practice ethical reasoning (by the application of ethical principles in diverse situations and refining judgment and decision-making skills) the tool offers what, maybe, student law courses ought to have been including from many years ago.
As the Law Society explains, “This resource, co-authored by Jim Baxter and Sean Sinclair, offers a systematic way of approaching ethical decisions in the workplace. It introduces and explains four steps to help make better informed decisions in response to a range of professional ethical considerations. This is done in a practical way, through application to a hypothetical example.”
So, to cut to the chase, what are those ‘four steps to help you make better ethical decisions’?
Sorry! No short cuts allowed. To properly appreciate the subject you need to visit
But what the Law Society does give assurance over is that ‘By the end of this course, you will be able to:
- analyse ethical decisions in terms of their facts, values and duties to stakeholders
- exercise judgement while balancing competing considerations
- create strategies for putting decisions into practice (Just think how much time, trouble and catastrophe would have been saved had it been available to the Post Office’s in-house team dealing with Horizon matters!).
Definitely worth 30 minutes of anyone’s time.
Risky Regulatory Business
Insurers keen to reassure themselves about where the most potent risks are right now would do well to take a look at the seventh edition of the ‘Risk Radar’ report published this week by Global Insurance Law Connect (an international network of 23 insurance law firms).
In the report, each firm provides details of current changes within the insurance market for their country and provides an outlook for the coming year. By collating submissions from different jurisdictions, the report provides a view into the global approach to the management of these risks.
‘Top of the Threats’ are, predictably, regulatory and climate change issues but a strong showing is now also being made by cyber and AI risks. “The striking difference between this year’s Risk Radar report and that of last year is the progression in regulation change,” saysGillian Davidson, Chair of Global Insurance Law Connect. “Fifteen of the 23 firms rank specific pieces of regulation or legislation among the most significant recent changes in their jurisdictions.”
“Alongside regulation, the twin concerns of a rapidly evolving cyber and AI space and the intensifying impacts of climate change and natural disasters were picked up by many member firms. As the scale of the impact natural catastrophes have increases, they not only become harder to model accurately but the damage will also require coordination, which presents its own challenges around supply and labour chains as insurers seek to respond quickly. As climate change continues to impact the world and the insurance industry, there will be an ever greater role for international collaboration, insights and support to ensure strong and effective responses.”
We have been warned.
Private Prosecutions in Need of a Code of Practice
Private prosecutions are coming under scrutiny again after the Bar Council has called on the government to introduce a mandatory code of practice which should be monitored by an inspectorate for all private prosecutors.
At the heart of the problem is the concern that the level of fairness in criminal proceedings should not depend on who brings them. The Bar’s representative body argues that all prosecutors should have to follow the same standards to avoid any advantage or disadvantage to defendants.
“Private prosecutions and the Single Justice Procedure have led to miscarriages of justice which have destroyed lives and shaken public confidence in the criminal justice system,” said Bar Council Vice Chair Kirsty Brimelow KC. “A mandatory code of practice and inspectorate would ensure the power to prosecute is not abused. The Single Justice Procedure needs to change as it enables injustice. Prosecutions should be screened by a lawyer (magistrates’ clerk) to return to prosecutors to reconsider public interest in prosecuting.
“The CPS itself was created to remove the decision on whether to prosecute for more serious crimes from the police, to separate the decision to prosecute from those invested in the investigation. It is only right that fair trial guarantees, which apply to criminal proceedings brought by the CPS, should be equally available to defendants who are prosecuted by private prosecutors.”
CONTRIBUTED ARTICLE OF THE WEEK
The Growing Responsibilities of a General Counsel by Jerry Temko
The job description of a General Counsel (GC) never seems to end; legal adviser, strategic business guru, financial risk manager, AI expert and everything in between. Often the first to grapple with complex changes, GCs are adept at working at speed and having to make quick, business critical decisions. The pressures are palpable; a safe pair of hands are an absolute prerequisite that can make or break a business.
Given the vast development of the role, it may seem that the path to the boardroom has opened up considerably for in-house counsel. Yet, many GCs still face barriers in making this transition. So, how can they best bolster their knowledge and secure their seat at the boardroom table?
- Be Proactive GCs are undoubtedly skilled, but power lies within knowing how to relate this knowledge to their role. Taking time to do the research and ask the right questions to truly understand the innermost workings of their company is invaluable in ensuring every decision made is done so with purpose, minimising pitfalls and bolstering business defences. The best GCs work to uncover the true picture of a business’s financial health and its competition, growth plans, potential investors, pinch points, previous failings and future AI strategy, to name a few.
Further, businesses value the GCs who are putting their hands up for new responsibilities, such as leading commercial projects or supporting new business initiatives. Not only can this be a step up the ladder, but it creates excellent opportunity to grow an impressive portfolio for the next steps in their career, too.
- Grow with the role With numerous plates to spin, and the growing need to do so seamlessly, GCs need ensure they aren’t placing focus on what they know, but rather, what they don’t. Taking charge of their own training, especially in an ever-changing digital world is imperative, diversifying their abilities and solidifying themselves as a safe pair of hands, putting them in good stead for the boardroom roles.
- Expand your network GCs should be as strategic with their networking as they are with their day-to-day work. Taking a targeted approach to connections and ensuring attendance at key events is paramount to growing a helpful network of both industry leaders and current board members. Not only does constantly showing up, taking an interest and asking the right questions have a direct link to potential future business, but will also position them as a demonstrable boardroom candidate.
Jerry Temko is Managing Director of the In-House Counsel Group at Major, Lindsey & Africa
LEGAL COMMENT OF THE WEEK
TOPIC: The squashing of Peter Sullivan’s conviction for murder after spending 38 years in jail
COMMENT BY: Trevor Francis, Managing Partner , Blackfords LLP
“The conviction of Peter Sullivan stands as a stark example of a miscarriage of justice that underscores the critical role modern forensic science plays in ensuring judicial accuracy. At the time of his conviction, forensic techniques were limited, often relying heavily on circumstantial evidence, unverified eyewitness evidence, or rudimentary analysis that lacked the scientific rigor expected today. In Sullivan’s case, the absence of advanced DNA testing, digital forensic analysis, and trace evidence evaluation deprived him of the opportunity to mount a successful defence.
Since his conviction, forensic science has evolved dramatically. DNA profiling, for instance, now offers precise individual identification, capable of excluding suspects with near-certainty. Modern techniques can retrieve viable DNA from degraded or minimal samples that would have been unusable decades ago.
Of greater concern is the effort required to get matters such as this back before the appellate courts, even when new technologies clearly demonstrate their potential to alter verdicts. Sullivan’s prolonged imprisonment reflects a system very slow to adapt and self-correct.
The tragedy of Peter Sullivan’s case serves as a clarion call that in a democratic society justice demands not only that the guilty be punished, but that the innocent be freed—particularly when the truth can now be scientifically verified in ways that were once impossible, or better still, not convicted in the first place.”
COMMENT BY: Professor Rebecca Helm, University of Exeter Law School, who runs the Miscarriages of Justice Registry
“Peter Sullivan’s case contained clear red flags including misleading bite mark evidence (characterised for the jury as being far more reliable than it was) and inconsistent confession evidence. It is unfortunate that under these circumstances it has taken such a significant amount of time, and that new DNA evidence has been required for this conviction to be recognised as unsafe.
“The case underscores the importance of having a mechanism through which convictions based on evidence that is known to be misleading (including weak or incorrectly described forensic science) can be scrutinised even in the absence of “new” evidence, in order to protect others who have been wrongfully convicted, and to ensure that true perpetrators are brought to justice.
“It also underscores the importance of the retention of DNA evidence, which has been central to the recognition of this wrongful conviction. In this case, Mr Sullivan has spent 38 years in prison, and the real perpetrator has evaded justice for that time. It is vital that we consider how we can ensure that similar situations do not occur again. It is also important to recognise the ongoing harm of wrongful conviction following acquittal and to ensure that victims such as Mr Sullivan are provided with appropriate support.”
TOPIC: The Government’s plans to conduct a new evaluation of e-scooter trials across the UK
COMMENT BY: Philip Edwards, Partner and serious injury claims specialist, Clarke Willmott LLP
“E-scooter use is great on all sorts of levels, not least the benefits to the environment – and use of them should be encouraged, but in a responsible way – it just needs to be safe and there must be proper compensation for the victims of irresponsible users.
“We need proper regulation of the types of scooters permitted, their power, and those that can legally drive them and we need proper resources for enforcement of the regulations – it is important that dangerous scooters or drivers are actually kept off the road.
“There’s also the thorny issue of insurance or other schemes for compensation. Accidents will happen and no innocent, seriously injured victim of an accident involving an e-scooter should be left without the ability to obtain compensation for their losses and to maximise their rehabilitation and recovery.
“Ministers have also, rightly, raised concerns over the risk of battery fires on e-scooters and e-bikes. With new legislation not looking likely until 2026/2027 this is the first step in a long process to put more safety measures in place.”
“The immense personal tragedy of these events never diminishes – whatever we can all do to support each other to prevent these tragedies from occurring should be done.”
TOPIC: The call by the Parliamentary Environment, Food and Rural Affairs (EFRA) Committee for farm inheritance tax changes to be delayed by a year and consideration of alternative schemes that will not harm small family businesses.
COMMENT BY: Iwan Williams, Partner in the Tax, Trusts & Succession team, Michelmores LLP
“This is an interesting development. With the changes to Agriculture Property Relief and Business Property Relief due to take effect from 6 April next year, there is already an extremely limited window within which to plan and implement a business succession strategy. This is causing huge consternation for business owners generally, many of whom feel that they are already having to navigate a perfect storm of economic and political headwinds.
“Despite strong and sustained lobbying from bodies such as the CLA and the NFU, the government have so far refused to back down, and it remains to be seen whether this new report will impact their thinking. Either way, this remains a period of significant change for farmers, rural businesses, and business owners generally, and the importance of taking professional advice now cannot be understated – the clock is ticking on what can be done to plan (or re-plan) for the future.”
COMMENT BY: Tom Gauterin, Trusts, Estates & Tax Director, Freeths
“The select committee’s call for a pause in this legislation is welcome. The evidence they have seen suggests that as many as 70,000 farms could be adversely affected by the current proposals, which is more widespread (as many farmers and advisors warned) than the Government claimed at first.
The committee’s comments match many of the criticisms others have made, notably the lack of any proper consultation or any impact assessment. There seemed to have been no thought given to the implications for the UK’s food security, to which the committee has drawn welcome attention.
It is worth noting that (as is required by the current makeup of the House of Commons) a majority of this committee are Labour MPs. We can only hope that the Government are more willing to listen to their own MPs, than they have so far been to farmers and their advisors.
There are plenty of other ways in which investors using farmland as a tax shelter could be targeted – most obviously a simple clawback of the sort plenty of professionals have suggested. There would be no shame in the Government listening and accepting that their original policy didn’t work as intended. It remains to be seen whether the hard realities of policymaking are something they intend to engage with.”
TOPIC: The government’s decision not to pursue reform to surrogacy legislation
COMMENT BY: Jennifer Headon, Legal Director in the Family Team, Birketts LLP
“It is disappointing to hear that the government have now formally confirmed they will not be progressing much-needed reform to surrogacy law.
“Many of the changes proposed in the Law Commission’s report would considerably simplify the process for intended parents and surrogates, who now have to continue to battle with outdated legislation which has not kept pace with societal change.”
TOPIC: The Assisted Dying Bill
COMMENT BY: Katie Wheatley Head of Crime, Bindmans
“Since MPs voted in favour of the Assisted Dying Bill last November, there has been a significant change introduced. The Bill as originally drafted, included a requirement for the High Court to approve each person’s request to end their life by Assisted Dying. However, an alternative approval process was proposed by Kim Leadbeater, in response to concerns that the High Court would not have capacity to rule on each individual case.
The new proposal which has been included in the latest draft of the Bill is for the oversight of the High Court to be replaced by a three-person panel consisting of a senior legal figure, a psychiatrist and a social worker. This proposal will allow a greater blend of expertise to make the approval decision and for the decision to be made within a reasonable time.
Careful approval decision making within a reasonable time will be essential, because under the provisions of the Bill only adults who are terminally ill and have less than six months to live will be eligible to request Assisted Dying.
It is obviously important that the Bill provides for a safe but practical way forward so that mentally competent adults seeking an assisted death will not have their wishes frustrated by procedures that introduce insurmountable delays. The introduction of a panel in place of the High Court (in addition to the prior approval of two doctors) will help to avoid that pitfall.”
TOPIC: The Law Commission’s proposals to modernise the law on wills
COMMENT BY: Hayley Robinson, private wealth disputes specialist, Stevens & Bolton LLP
“These proposals rip up nearly two centuries of learning on the creation of Wills, mostly for good reason. Many practitioners should welcome these changes as providing welcome clarity to an area that has seen significant litigation in recent years over the applicable test for making a Will and the formalities for doing so. Particularly welcome is the recommendation to change the huge unfairness sometimes created by the automatic revocation of a Will by marriage – an issue that has grown to prominence recently with the rise of predatory marriage, and an issue that parliament has repeatedly been called on by judges to address.
Recommendations to bring the formalities for the creation of Wills into the modern age are also welcome. However, we would suggest significant caution about this, as one of the few benefits of the current requirements for executing a Will are the formalities creating a degree of protection from good old paper and ink. What the proposals for electronic Wills will mean in practice is very much up in the air.
Changes to the undue influence test also represent real progress – having a “two tier” test as we currently do creates significant uncertainty for litigants and the Commission’s proposals deal with this.
We would flag the risk of a large increase in potential litigation. More flexibility around testamentary affairs can only be a good thing, but where any recommendation includes giving the Court a jurisdiction to approve formally invalid Wills in “exceptional” circumstances, it must be assumed that litigation will follow around what “exceptional” really means.”
APPOINTMENTS OF THE WEEK
BCLP
Lerika Le Grange is joining the Corporate and Finance Transactions Department of BCLP in its London office. Formerly a Partner at Taylor Wessing Le Grange is dual UK and South Africa qualified. She is a multi-specialist who brings extensive experience advising on corporate finance, leveraged and acquisition finance, asset-based lending, litigation funding, carbon finance and debt capital markets. Her clients include financial institutions, corporate borrowers, and sponsors on various banking and financing matters, including cross-border deals.
“I am thrilled to join the team at BCLP, especially due to its strong platform, international reach and emphasis on collaboration between departments,” said Le Grange. “Additionally, with finance being a strong priority for growth, the team’s ambitions align with my own professional goals to continue to build my practice across various jurisdictions.”
LEVEL
Sara Wax is joining LEVEL as a Partner in the firm’s corporate law team. Previously with Sheridans, where she was a Partner for 11 years, Wax has extensive experience advising on complex transactions across the sports, creative industries, technology, computer games, music, and film & TV sectors. She has a particular passion for supporting founder-led businesses, guiding management teams through successive funding rounds and acquisitions to successful exits.
“We are thrilled to welcome Sara to the firm,” said Amy Sullivan, Head of Growth at Level. “Her sector focus combined with dealmaking experience enhances the team perfectly, and further boosts the firm’s ability to advise on the fast-evolving investment landscape in the sport, entertainment and technology sectors.”
Wax added, “I’m excited to be joining such a dynamic firm. Level’s unique model and deep industry focus make it the ideal platform for my practice. I look forward to contributing to the continued growth of the corporate team and supporting clients on their business journeys.”
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