Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
18 July 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK:
Employment Laws: Coming or Going?
The contradictory pressures on the employment market make it a nightmare for a Government trying to reduce immigration whilst also ensuring that employers have the skills they need to operate efficiently. Changes to the Temporary Shortage Occupation List (TSOL) are prompting lawyers to advise their clients to move quickly to secure certificates for foreign workers at a time when the costs of employing staff and the risks associated with new recruits are increasing. No wonder the economy is flat-lining.
Mind you, in the real world of the informal economy business will no doubt continue to do very nicely. Thinking outside the conventional legal box may be necessary to sort out these inextricable challenges.
The Legal Diarist
In this edition
+ LEGAL DIARY OF THE WEEK
A ‘Premier League’ for London Insurance Lawyers?
West Midlands Aims for a Good Resolution Result
A Firm Grip on AI at Osborne Clarke
City Solicitors Horizons (CSH) Marks A Decade of Impact
+ CONTRIBUTED ARTICLES OF THE WEEK
NON-DISCLOSURE AGREEMENTS: THE LATEST DEVELOPMENTS
by Emily Morrison
IMPACT OF UNDUE PRESSURE ON POST-NUPTIAL AGREEMENTS
by Rosa Alexander
+ LEGAL COMMENT OF THE WEEK
on the Afghan data breach at the Ministry of Defence, proposed reforms to use of Non Disclosure Agreements, the reduction in the number of Non-Doms in the UK and changes to the Government’s Temporary Shortage Occupation List (TSOL)
+ APPOINTMENTS OF THE WEEK
at Kennedys and CILEX
LEGAL DIARY OF THE WEEK
A ‘Premier League’ for London Insurance Lawyers?
Five years on from being set up the London division of the Forum of Insurance Lawyers (FOIL) is going through a relaunch operation to reflect its powerful and distinctive growth. In short, by ceasing to be the ‘In short, by ceasing to be the ‘London FOIL’ and re-branding itself as the ‘London Market FOIL’ it is making a statement about its distinctive London identity.
“FOIL has always offered a valuable forum for peer discussion, training and lobbying support for the insurance industry” says Laurence Besemer, FOIL CEO. “But since the launch of our London division, engagement from the London Market has far exceeded expectations.”
So rather than being an annex to the wider organisation London Market FOIL now has a stand-alone membership and a subscription that enables law firms to join the London Market specific division at a reduced rate, separate from the general FOIL membership. This model, it is said, reflects the distinct nature of the London Market and its specific legal, regulatory, and operational challenges.
“With an exclusively London Market-focused agenda, London Market FOIL provides a bespoke platform for lobbying, education and networking to demonstrate support for the London and international insurance and reinsurance markets” says Besemer. “This could be helping the industry modernise, lobbying on behalf of the industry over Brexit, or tackling talent and diversity challenges. London Market FOIL gives firms a stronger collective voice – we’ve developed close relationships with insurers, reinsurers and trade bodies, whilst maintaining our independent stance on key market issues.”
Fleur Rochester, London Market FOIL President, urges firms to join. “Law firms supporting this market are encouraged to apply to join the new London Market FOIL, and take their place in a collaborative network of legal experts at the centre of the (re)insurance industry.”
West Midlands Aims for a Good Resolution Result
In an impressive double of achievement Adam Maguire (right), the Chair of Resolution’s West Midlands regional group, has been shortlisted for the highly respected ‘Solicitor of the Year’ Award by the national organisation, while his region has been shortlisted for ‘Region of the Year’.
The Resolution Awards (which take place on 18 September in London) are a celebration of the values which underpin the way that Resolution’s 6500+ members go about their work. Founded in 1982 by a group of family law professionals, Resolution supports lawyers to resolve issues for separating families and their children in a constructive way (insofar asd that is possible).
“Congratulations to all of our finalists of the Resolution Awards 2025,” said Melanie Bataillard-Samuel, Chair of Resolution. “These individuals, firms and initiatives continue to go above and beyond to champion better outcomes for families.
“The Resolution Awards are a vital part of our work, as they shine a spotlight on the outstanding commitment, care, and quiet determination shown by professionals across the family justice community. The quality of submissions was not only impressive, it was genuinely inspiring.”
Adam Maguire said, “I am delighted to be personally shortlisted for the Solicitor of the Year award and for the West Midlands to be recognised as a leading region for the organisation. We all know divorce, separation and disputes concerning children are challenging, emotive and stressful but the work I do with Resolution and with my clients is aimed at producing the very best possible outcomes for separating families and their children.”
A Firm Grip on AI at Osborne Clarke
No better evidence could be found about the extraordinary rise of Artificial Intelligence in the legal world than the appointment of senior AI experts to the top of law firms to steer them through the tricky period of transition ahead.
A prime example of this comes at Osborne Clarke whoch has just announced the appointment of Marc Ohrendorf, described as a ‘recognised expert in legal tech and artificial intelligence’, as the firm’s Chief of Staff to the AI Management Board.
Ohrendorf’s mission has been described as to ‘enhance international collaboration on AI within the firm and support the implementation of Osborne Clarke’s global AI strategy’. Impressive.
The firm prides itself on a track record of delivering legal services through ‘innovative and technology-driven solutions’. As it points out, it was among the first law firms to develop and successfully implement its own AI chatbot to optimise internal workflows – “A clear example of its commitment to embedding AI in day-to-day operation.”
“The transformation of legal services through AI is one of the defining challenges of our time – and also a tremendous opportunity for Osborne Clarke,” says Gereon Abendroth, Chair of the international AI Management Board at Osborne Clarke. “We’re delighted to welcome Marc Ohrendorf, a professional who combines strategic vision, technological know-how, and deep insight into the legal market.”
Ohrendorf comes to the role with a pretty eclectic background having worked at Wolters Kluwer Germany (LTO.de) and the IWW Institute, where he was responsible for digital business models and product development in leading roles. He is an honorary director at the Bucerius Centre on the Legal Profession, where he works on the interface between law, digitalisation and AI. Sounds like the real deal.
City Solicitors Horizons (CSH) Marks A Decade of Impact
Breaking into the legal profession has always been easier for those with family connections and insights as well as the confidence to deal with the ‘soft skills’ demands of the job.
But what if you lack those attributes?
Bugle call for City Solicitors Horizons (CSH) the social mobility programme now celebrating a decade of improving access into the legal profession for undergraduates from under-represented backgrounds.
Adam Badawy, a CSH graduate and now Trainee Associate at Freshfields LLP, is clear about the importance of the organisation in helping him to get his first foot on the legal ladder. “Without City Solicitors Horizons, I would not have secured a training contract,” he says. “The programme provided invaluable insight into a profession where I had no existing connections, gave me the confidence to excel in interviews, and offered unique opportunities to develop cultural capital. I’m deeply grateful for the transformative support this programme offered”.
Now managed by the education and training charity SEO London and seeking new sponsor firms, CSH is set to scale-up and reach hundreds more quality candidates. A key new initiative is the ‘CSH Academy’, a consolidated intensive induction event to introduce undergraduates to the legal profession and directly connect them with those working in the City.
“SEO London is extremely proud of the impact the City Solicitors Horizons scheme has had, with 241 of our students from over 50 universities graduating and going on to establish successful careers in City law firms, corporates, and government and regulatory bodies,” said Nathalie Richards, CEO of SEO London. “Looking ahead, we are committed to broadening the range of support from sponsors and to empowering even more talented students from challenging socio-economic backgrounds.”
CONTRIBUTED ARTICLES OF THE WEEK
NON-DISCLOSURE AGREEMENTS: THE LATEST DEVELOPMENTS
by Emily Morrison
It is unclear what last week’s announcement means for employers and employees seeking to confidentially settle disputes via settlement agreements, without recourse to litigation.
The .gov.uk announcement says the changes to the ERB will “void NDAs” attempting to settle claims of “harassment, including sexual harassment or discrimination”. The press release goes on to say “confidentiality clauses in settlement agreements or other agreements that seek to prevent a worker speaking about an allegation of harassment or discrimination will be null and void.”
Current rules already prevent settlement agreements (containing NDAs) from being used to prevent whistleblowing or reporting of certain matters to the authorities (the police, regulators, HMRC etc). However, the latest plans appear to go much further and extend these restrictions significantly.
If the intention is to void any confidentiality clauses in such cases (however strongly these are caveated), this will potentially create a two-tier system, whereby those complaining of unfair treatment (short of discrimination and harassment) are offered a confidential way out, and those who are victims of arguably far more serious mistreatment are denied that opportunity and forced to take their employers to court to secure compensation.
Bearing in mind most settlement agreements are entered into without admission of liability and in circumstances where allegations are strenuously denied, there is clear value for both parties in reaching a swift and confidential resolution, which allows everyone to move on with their lives and careers. In the meantime, such agreements don’t prevent employers from tackling the underlying problem.
Where settlement agreements are abused, of course such abuse needs to be properly and effectively addressed. However, preventing the use of confidentiality provisions altogether would likely dissuade employers from offering settlement agreements in these cases and simply increase pressure on the (already struggling) Tribunal Service, whilst forcing victims to relive their experiences for longer and in a more public setting, with a lasting impact on their career.
Emily Morrison is an Associate Solicitor in the Employment Team at SA Law
IMPACT OF UNDUE PRESSURE ON POST-NUPTIAL AGREEMENTS
by Rosa Alexander
It is often misunderstood that nuptial agreements, which can be made pre and post marriage, are watertight between spouses. However, the actions of the parties prior to signing can undermine their validity upon divorce.
It is well established from case law that nuptial agreements must be entered into freely, without undue influence or pressure for them to carry full weight. If challenged, the court will undertake a fact specific analysis of the circumstances leading up to the document being signed. Factors such as age, maturity and prior relationship experience will be considered.
In the recent case of PN v SA, the Court found that the cumulative effect of undue pressure from the husband eroded the wife’s free will and the post-nuptial agreement was not upheld. The Court found that undue pressure took the form of absence of prior legal scrutiny and ostracising the wife from her own lawyer. The Court also found that the husband used scare tactics, such as unsettling her by presenting unfair proposals, threats to “explode” the family trusts which would mean that assets would have been wiped out by taxation and threatening extensive litigation if she did not agree to his proposals. He also claimed that her actions would harm the children and cause the parties to be bankrupt, so much so that she would end up working on the tills at Tesco.
As a result, the Court awarded the wife £231m, representing 44.4% of the assets, after the parties spent an eyewatering £5.5m on legal representation.
Whilst undue pressure is fact specific, from analysing case law, we know that it is the Court’s view that familial pressure is not automatically considered undue pressure which could invalidate the agreement. Further, it is not of itself unfair or undue pressure to state that you will not get married without an acceptable pre-nuptial agreement. Pressure arising from negotiating an agreement, and any arguments that proceed, are inevitable but for the agreement to be undermined, there must be undue pressure.
Therefore, to avoid a party being able to undermine a nuptial agreement, (and the costly litigation that goes with it), parties should take clear steps to mitigate any assertion that the agreement was not freely entered into. This includes both parties having independent legal advice, completing and exchanging financial disclosure prior to negotiation and if signing a pre-nup, signing the agreement at least 28 days before the wedding. Most importantly, the provision must meet the needs of the parties and be fair, otherwise, the court may take steps to rectify this.
Justice prevailed in the case of PN v SA and the husband’s unkind behaviour and pressure on his wife, was discovered and dealt with. Let this be a lesson to any spouse.
Rosa Alexander is a Solicitor in the Family team at Wilsons Solicitors
LEGAL COMMENT OF THE WEEK
TOPIC: The Afghan data breach at the Ministry of Defence
COMMENT BY: Monika Sobiecki, Partner, Bindmans LLP
“This incident is at the highest end of the scale of catastrophic data breaches, putting individuals and their families at risk of physical harm from reprisals. It may be some small comfort to those affected to know that compensation can potentially be sought from the MOD for distress and psychological injury, the costs of relocation and additional security measures for those who have had to increase their security or go into hiding from the Taliban as a result of the breach.”
TOPIC: NDAs and the Employment Rights Bill
COMMENT BY: Christine Braamskamp, Managing Partner at Jenner & Block,
“NDAs are not always used nefariously and can be a pragmatic tool for employers to manage the privacy and rights of everyone involved in workplace misconduct”
“The proposed changes to the Employment Rights Bill will void NDAs used by employers against employees who have been subjected to harassment, including sexual harassment or discrimination in the workplace. he workplace.
“These changes are to be welcomed insofar that they mean that victims and witnesses of misconduct in the workplace will no longer be forced into silence.
“However, it is worth remembering that NDAs are not always used nefariously – they can at times be a pragmatic tool for employers to manage the privacy and rights of everyone involved in workplace misconduct issues from the whistleblower, witnesses and complainants to the subjects accused of misconduct. Employers will need to rethink their toolbox and this may not always be to the benefit of those who the government are trying to protect.
“Unproven allegations can irreparably damage people’s lives, reputations and professional relationships and adversely impact their physical and mental health. Without NDAs, it will be challenging for employers to put in place appropriate protections for people who are implicated in allegations of misconduct as well as to protect the identify of whistleblowers who wish to remain confidential.
“Preserving confidentiality is especially important in circumstances where the wider investigation into alleged wrongdoing is ongoing; allowing (or, risking) allegations to be discussed openly can impact the fairness and integrity of the procedure, preventing regulators and businesses from getting a true picture of the facts and learning lessons.”
COMMENT BY: David Greenhalgh, employment partner, Excello Law
“This new clause added to the Employment Rights Bill represents a fundamental change for employers and employees alike. Employers will need to urgently review confidentiality wording in their employment contracts, policies and settlement agreements if the Bill is passed.
“The ban, if enacted, may work counter-intuitively, as employers would be discouraged from settling threatened harassment and discrimination claims, given they would no longer be able to require and ensure complete confidentiality (and protection of their reputation) as a condition of a settlement.
“Without also properly funding and reforming the Employment Tribunal system to reduce the current massive delays in cases getting to final hearing and without changing the cost rules to those bringing successful claims to get their legal fees paid by their employers, such a ban would be detrimental in the short term for the victims of discrimination and harassment.
“Currently it takes around a year for an employment claim to get to Tribunal. When eligibility to bring a claim for unfair dismissal applies from day one (another change proposed under the Employment Rights Bill) that delay will double to at least two years.
“Not many employers will be open to accepting liability and reputational damage by agreeing to a settlement agreement without an NDA and so affected employees will have to bring tribunal proceedings, knowing any claim will take years to get to final hearing. This will likely lead to many affected employees simply either giving up, putting up with ongoing discrimination or resigning – the opposite of a victory for those discriminated against (as widely reported).”
COMMENT BY: Rob McKellar, Legal Services Director, Peninsula
“While employers will still be able to settle discrimination and harassment issues, they will not be able to guarantee the details of the incidents involved remain confidential.
“This amendment follows on the back of high-profile cases, involving Harvey Weinstein and Mohamed Al Fayed, where NDAs were used to cover up serious allegations of rape and sexual abuse.
“The government has been very clear; there is no place for harassment in UK workplaces. Other measures in the Bill, such as the increased requirements to prevent sexual harassment and an obligation to not permit third-party harassment against employees, as well as tightening of whistleblower protections, show just how seriously they are taking this.
“Ultimately, employers must ensure they have sufficient policies and processes in place to prevent any form of harassment from taking place. But just having these policies in place is not enough. Employers also need to ensure they are fostering a culture of zero-tolerance to any behaviour that could be deemed as harassment across all levels of their business.
“By taking all reasonable steps to prevent harassment from occurring in the first place, and effectively dealing with any allegations that arise, employers should have no need to rely on settlement or other agreements or use potentially soon to be unlawful confidentiality clauses.”
TOPIC: The reduction in the number of non-doms in the UK
COMMENT BY: Phineas Hirsch, private client Partner, Payne Hicks Beach
“The reduction in claims for non-dom tax status last year reflects the fact that ‘the writing had been on the wall’ for some time: both the Tories and Labour had indicated well in advance that the UK was going to reform or abolish the remittance basis of taxation (the beneficial tax regime for non-doms) and political uncertainty drives people away.
“Sadly, despite what the current government has claimed, its tax reforms are not making Britain competitive or attractive. Not only are fewer of the world’s super rich coming to live in the UK; thousands are actively leaving – relocating to Italy, Switzerland, the UAE and other jurisdictions which have been introducing their own non-dom tax regimes, because they see the value in attracting inbound wealth and spending power.”
COMMENT BY: Tom Gauterin, private client lawyer, Freeths
“These figures show that, during the period of uncertainty when the previous Conservative government announced that the non-domicile rules would be reviewed, there was a small drop in the numbers claiming non-dom status. This is likely to have been caused by nervous taxpayers weighing up their options while expecting the policy to be carried through by a newly-elected Labour government.
“The figures for 2024/5, due to be released this time next year, will show the full impact of the policies announced in Labour’s autumn 2024 budget. In particular, the changes made to the way inheritance tax applies to non-doms (not expected from the Conservatives) have led many to consider leaving the UK. The former blanket exception for ‘excluded property’, particularly that held in trust, has been replaced with a ten-year residence rule following which all property, in trust or otherwise, will be subject to IHT.
“Next year’s figures will show conclusively the extent to which non-doms have acted on their concerns, but in the meantime the Government may wish to consider whether anything can be done to persuade more non-doms to stay.”
TOPIC: Skill shortages in the UK and the impact of changes to the Government’s Temporary Shortage Occupation List (TSOL)
COMMENT BY: Oliver O’Sullivan, Director of Immigration, Migrate UK
“While the government’s latest measures to reduce the numbers of skilled worker visas will reduce net migration, as indicated by the TSOL there are a large number of roles where UK employers are already struggling to recruit sufficient workers, as we’re hearing every day from our clients.”
“With global warming and increasing EV usage set to continue, along with key skill shortages in these areas, many people are already aware that the UK continues to suffer from a lack of workers in several sectors on the TSOL list, including electricians, plumbers, and construction workers.
“Employers now have the potential to hire overseas talent for these roles if they cannot recruit UK workers with the necessary skills to keep their businesses running or to meet demand. For those employers struggling to recruit, I’d recommend checking if their required job roles are on the new TSOL as they could potentially benefit from overseas talent to help fill their shortages.
“While if a business hasn’t already explored sponsoring overseas workers whether via skilled worker or other routes, this remains open to exploration despite ever-increasing barriers – we regularly help organisations who have previously struggled to fulfil positions, meet further crucial job requirements through sponsorship.”
COMMENT BY: Laura Devine, Managing Partner, Laura Devine Immigration
“These changes represent one of the most significant resets of the UK’s Skilled Worker route in recent years. City firms — especially those that rely on international junior talent – need to act now. There’s a narrow window to assign certificates under the current rules, and beyond that, compliance failures or delays could severely disrupt hiring plans. The regulatory margin for error is narrowing, and HR and legal teams need to be fully prepared.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
KENNEDYS
Laura Koller has been appointed as the Chief Financial Officer at Kennedys to be based in the firm’s New Jersey office. Having worked at Kennedys for the last six years, Koller’s most recent role was as the Finance Director of the firm’s twelve US offices. In total she has spent two decades in the securities industry and is described as having a blended background across finance, risk, operations and leadership.
In Koller’s new capacity she will lead the global financial strategy of the firm, ensuring sustainable growth and fiscal responsibility. She will also work closely with the firm’s Executive Group, Business Services Chiefs and other members of the leadership team to implement Kennedys’ business strategy. Laura will be based.
John Bruce, Senior Partner at Kennedys, commented, “Laura’s extensive experience within Kennedys, combined with a deep understanding and appreciation of our firm’s culture, uniquely positions her to drive our financial strategy forward. Promoting talent from within underscores our commitment to nurturing leadership that is fully aligned with our values and vision.”
CILEX
Jennifer Coupland has been appointed as CEO of CILEX, the Chartered Institute of Legal Executives. She comes from the position of Pro Vice-Chancellor, Skills, at London South Bank University and previously had been CEO of the Institute for Apprenticeships and Technical Education (IfATE) for five years.
At IfATE she was responsible for setting quality standards in apprenticeships and technical qualifications for careers across the economy but previously had held roles as director of professional and technical education at the Department for Education, acting chief executive of the Standards and Testing Agency, and deputy director of the joint Department for Education/Department for Business Innovation & Skills Apprenticeships Unit.
“CILEX plays a critical role in the legal profession, widening access to justice, and opening careers in law to people from a wide range of backgrounds,” said Coupland. “ Throughout my career in education, I have been committed to championing talent over tradition and carving out alternative routes to skilled jobs and professional careers. I look forward to leading CILEX as we continue to improve diversity in the profession and grow the reach and impact of the organisation and its members.”
We hope that you’ve been interested or stimulated by something in this week’s LEGAL DIARY. If so, do send on to colleagues.
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Enjoy the weekend – but carry a brolly