Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
22 August 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK:
PLASTIC CRISIS NEEDS A FLEXIBLE RESPONSE?
There was understandable gloom a few days ago because of the collapse of the UN Global Plastics Treaty talks in Geneva. The aim was to develop some kind of pan-national legal framework to rein in the world’s overuse and casual disposal of plastics. The failure seemed to signal a criminal willingness by the international community to keep on kicking the (plastic) football down the road.
But maybe the exercise simply demonstrated the limits of law-making.
“The Geneva talks fell apart because they were trying to legislate against a material instead of a problem – mismanaged plastic waste,” commented Michael Laurier, CEO of Symphony Environmental, an advanced plastics business. “If negotiators return to the table at all, they should focus on solutions that combine environmental protection with economic practicality, so we can make real progress.”
Given that there is no scope for eliminating plastics entirely from our lives or economies that sounds like an interesting idea. Plastics are famously flexible – not so the law. Maybe the cure to the problem needs to reflect its cause.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
– ‘BEYOND AUTOMATION: How AI Facilitates More Meaningful Legal Work’
– Browne Jacobson Throwing Its Weight About
– Land Launch
– Paralegal Power at JE Bennett Law
+ CONTRIBUTED ARTICLE OF THE WEEK
Mental Health, Child Abduction and Mandatory Returns: A Headache for the Hague Convention
by Christopher Hames KC, Mani Singh Basi and Lucy Logan Green, Barristers at 4PB
+ LEGAL COMMENT OF THE WEEK
on the Home Office’s latest statistics on enforcement data, latest immigration figures, the controversy over the status of Epping’s refugee hostel, the application of the Proceeds of Crime Act to the refugee hostel operators, the Equality and Human Rights Commission’s call to reinstate the equal pay questionnaire, enforcing the Online Safety Act in the USA and the Children’s Commissioner’s latest report which reveals that reveals more children are being exposed to violent pornography online by accident through harmful algorithms.
+ APPOINTMENTS OF THE WEEK
at TV Edwards and Conscious
LEGAL DIARY OF THE WEEK
‘BEYOND AUTOMATION: How AI Facilitates More Meaningful Legal Work’ – Read your future here
There is no shortage of vision papers and briefing supplements about AI in law these days. The question is how do law firms push through to real transformative progress?
Just this week LegalTechTalk in conjunction with Legora has come out with a report which, maybe, distills the essence of what must be achieved.
Most important, perhaps, is that it has contributions from some real live wires in the AI transformation business at firms with telling reputations – Bird & Bird, Orrick Analytics, Norton Rose Fulbright, TLT, Baker McKenzie. These are the people who know what they are talking about from the delivery end.
So where do you start?
“It’s not just about efficiency— it’s about re-engineering legal workflows to be more innovative, scalable, and client-centric,” says Helder Santos, Global Head of LegalTech & Innovation at Bird & Bird.
And that is at the heart of the narrative. To use AI simply to manage faster document review is to miss out on the bigger picture. “The real value comes from reimagining entire legal workflows: from insight to advice, from diligence to delivery,” says Max Junestrand, CEO & Co-Founder of Legora in his introduction.
In other words the revolutionary impact of AI in the law business will only come if leaders stand back and review what their real objectives are and – ignoring the established routines – conceptualize how these can be achieved in brand new ways courtesy of AI.
“Firms that limit themselves to basic chatbot implementations will inevitably hit ceiling effects, while those that invest in comprehensive workflow redesign can achieve transformational results,” comments the report.
Of course it is entirely understandable that lawyers are starting to worry about the impact on their jobs – or whether they will even have a job once AI takes a seat at the heart of their operation.But presented in the right way they can be won over.
“When people understand how AI enhances rather than replaces their capabilities, they become enthusiastic adopters rather than reluctant participants,” says the report. “The most effective implementations begin with clear strategic communication about why change is necessary and how it benefits both the organisation and individual professionals. Without this context, AI adoption feels like change for change’s sake, leading to resistance and poor outcomes.”
So there’s plenty of food for thought in this report. Take a look before your AI robot reads it (oops, it already has).
For more contact
info@legaltech-talk.com
Browne Jacobson Throwing Its Weight About
Obesity is a big, indeed a VERY BIG, issue now for the NHS as increasing number of grown-ups can’t rid themselves of poor eating habits imperilling their own health and putting a massive strain on the health service.
Mounjaro injections may work wonders but increasing costs look likely to limit their impact. Hence the importance of the Department for Science, Innovation and Technology’s Office for Life Sciences(OLS) Obesity Pathway Innovation Programme which is operating in collaboration with pharmaceutical company Eli Lilly and Company.
Advising OLS on legal agreements for the programme has been Browne Jacobson‘s Carly Caton, a Partner, and Viney Jhalley, an Associate.
“We are proud to have played a role in establishing the Obesity Pathway Innovation Programme, which has exciting potential to bring forward innovative new care pathways for obesity – an issue that costs the NHS £11bn per year,” said Caton..
“This is part of the government’s mission, outlined in the 10-Year Health Plan, to transform the UK healthcare system from a predominantly curative system that prioritises disease treatment to a preventative model, characterised by early interventions.
“Supporting people to live healthier lives is clearly fundamental to this ambition and it’s exactly the type of project at the forefront of society’s most significant issues that our team wants to drive forward.”
Eligible patients in participating areas might be able to access innovative services as early as the Summer of next year.
“This programme represents an exciting opportunity to transform obesity care in the UK. By working collaboratively across the government and with Lilly, we’re developing innovative solutions that could help NHS patients access the support they need to manage their weight effectively,” said Will Mullins, Deputy Director in OLS. “Browne Jacobson’s work to support OLS has helped underpin an exciting industry partnership that stands to drive meaningful improvements in public health.”
Land Launch
The Legal Software Suppliers Association (LSSA) has been given a sneak preview by HM Land Registry (HMLR) of its new digital registration service ahead of its planned launch in October.
Once up and running the new service will apply stricter automated checks to incoming applications, accepting only those that are both valid and correct with the aim of reducing significantly the volume of administrative requisitions.
“Reducing errors and delays is at the heart of our digital transformation efforts,” said James Rippin, Integration Support Manager at HMLR. “We’re excited to see the impact it will have on streamlining conveyancing and improving outcomes for all parties involved.”
The scale of what’s involved is almost overwhelming. For example, in the twelve months up to September of last year HMLR estimated there had been 114,000 variations in names and 110,000 submissions with missing information. The cost of these errors alone was put at between £1M and £7M.
It is hoped that the new service will also bring greater consistency across HMLR’s digital channels. Features include improved handling of attachments and a new API to support push notifications and future automation.
“It’s encouraging to see HM Land Registry working so closely with our members,” said Kevin Horlock, CEO of the LSSA. “This new service directly tackles issues that have affected legal software providers and their clients for years. We’re looking forward to supporting a successful launch”
So watch out for this lands.
Paralegal Power at JE Bennett Law
The critical contribution made to the operation of law firms by paralegals is underlined by developments at JE Bennett Law, the Specialist Court of Protection and Personal Injury Trusts firm, where the paralegal team will have expanded between 2023 and this Autumn from six to more then twenty.
“Our expanding client base in our core area of Court of Protection deputyships together with a corresponding organic increase in Private Client work, means we have an ever-growing need for high-quality, reliable assistance for our Partners and solicitors to enable them to focus on providing the highest-calibre legal advice and support to our clients,” explains Managing Partner and founder, Jane Bennett. “This is particularly important as many of our clients are in vulnerable circumstances, so need expert legal support to protect their long-term interests.”
Central to the effectiveness of the team, adds Bennett, is Abigail Maynard the recently promoted Paralegal Manager.
“The quality of support from our growing paralegal team, under the inspiring leadership of Abigail, means we can continue to provide the same level of exemplary customer service to all our clients, which is particularly important as we receive ever more referrals from our key introducers, such as personal injury lawyers and independent financial advisers and wealth managers.”
At a time when there is much debate about the impact of AI on how law firms might function in the future it is a healthy reminder that in some areas of the law the element of human contact and touch remains vital – at least for the time being.
CONTRIBUTED ARTICLE OF THE WEEK
Mental Health, Child Abduction and Mandatory Returns: A Headache for the Hague Convention
by Christopher Hames KC, Mani Singh Basi and Lucy Logan Green, Barristers at 4PB
Most international child abductions are carried out by the child’s primary carer – usually their mother – whose mental health will be badly affected if their child is ordered to be returned to their home country. This situation would affect their ability to care for their child in child abduction proceedings under the 1980 Hague Convention – particularly with respect to Article 13 (b), which exempts a mandatory return if returning the child could expose them to physical or psychological harm, or place them in an intolerable situation. Practitioners must therefore decide whether a psychiatric or psychological assessment is required, and how it affects the Article 13(b) defence.
The leading cases Re E (Children) [2011] and Re S (A Child) [2012] show that the burden of proof lies with the party opposing return and that the court must assess the child’s future situation, including any protective measures to reduce risk. In Re S, the Supreme Court clarified that a parent’s subjective anxiety can create a mental health condition that places the child at risk. Whether due to domestic abuse or not, the anxiety’s source is irrelevant if it puts an intolerable strain on the child’s parenting. The courts, therefore, must critically evaluate such assertions and assess whether appropriate protective measures can effectively manage these anxieties.
Such mental health issues often arise from domestic abuse. On a return, the abuse may cause such anxiety and trauma that it undermines the parent’s ability to care for the child. So, the courts should consider the “nature, detail and substance” of such claims. (Re A-M [2021]).
Recent case law shows how expert assessments and protective measures can establish an article 13 risk, and protect the child from it. So, practitioners should consider the issue early and consider factors like the mother’s mental health history, the impact of a return on mental health and parenting, and domestic abuse – and make part 25 applications for experts as soon as possible.
The court, even if unopposed, must be satisfied that a respondent’s psychiatric or psychological assessment would allow proceedings to happen fairly. The expert will need to diagnose any particular mental health condition and consider the risk of deterioration on a return. They may also advise on the nature and availability of mental health services in the home country, although it’s likely that the English court will accept that foreign authorities can provide adequate protection unless proven otherwise (G v D [2021]).
So, it’s essential to understand the nuanced link between the respondent’s mental health, domestic abuse, and the available protective measures, to effectively handle these difficult, sensitive and fact-specific cases.
Christopher Hames KC, Mani Singh Basi and Lucy Logan Green are Barristers at 4PB
LEGAL COMMENT OF THE WEEK
TOPIC: The controversy over the status of Epping’s refugee hostel
COMMENT BY: Michelle Spark, partner, planning and environment team , Clarke Willmott
“At the heart of this dispute lies the fundamental question, does housing asylum seekers in hotels constitute a material change of use under UK planning law?
“It highlights the tension between local planning autonomy and central government policy, especially amid a backdrop of a 91,000-case asylum backlog and daily hotel costs exceeding £5.7 million.
“This latest ruling reinforces the authority of councils to enforce planning law, even in the face of national policy imperatives.
“The case has much broader ramifications than just the Bell Hotel in Epping. It has set a precedent for other councils to challenge migrant hotel placements on planning grounds.
“The Home Office may now be compelled to seek planning permission before repurposing hotels, potentially slowing down asylum accommodation efforts.”
TOPIC: The application of the Proceeds of Crime Act to the refugee hostel operators
COMMENT BY: Louise Clifton, associate in the planning and environment team, Clarke Willmott
“With the added dimension of POCA enforcement, councils may utilise the existing legal framework to challenge unlawful land use and recover unlawful financial gains received in furtherance of that unlawful use.
“The councils use of POCA may deter property owners from breaching planning laws for profit. POCA also allows for the seizure of assets obtained through criminal or unlawful conduct, and these include planning regulatory breaches.
“This marks a significant shift in enforcement strategy, combining civil planning law with criminal financial recovery.
“The Epping Forest case underscores the importance of planning law compliance, even in emergency or humanitarian contexts. As similar cases emerge across the UK, we may expect to see more local councils challenging these placements on planning grounds.”
TOPIC: The Home Office’s latest immigration figures
COMMENT BY: Lynsey Blyth, Immigration Partner, Michelmores
“The latest UK immigration statistics highlight the enduring value of migration to our society and economy. In the year ending June 2025, over 850,000 non-visit visas were issued, including 414,000 for international students and 183,000 for skilled workers—demonstrating the UK’s continued appeal to global talent. Settlement grants rose to 163,000, with nearly three-quarters awarded to individuals previously on the Skilled Worker route. Meanwhile, citizenship grants reached a record 257,000, nearly double the number from just four years ago. These figures reflect a Britain that is open, ambitious, and strengthened by the contributions of those who choose to make it their home.”
TOPIC: The Home Office’s latest statistics on enforcement data
COMMENT BY: Ashley Stothard, immigration lawyer at leading law firm Freeths
“The latest Home Office figures reveal a dramatic escalation in enforcement against illegal working over the last few years, with civil penalties reaching record highs in 2025. This surge follows the February 2024 increase in fines, where penalties tripled to £45,000 for a first offence and £60,000 for repeat breaches per illegal worker. The consequences for employers are now more severe than ever—not just in terms of financial loss, but in the very viability of their businesses.
“With nearly £70 million worth of fines issued in 2025 alone, even a single breach could push small and medium-sized enterprises toward insolvency. The risk is no longer theoretical. This is a clear warning: employers must treat right to work checks as a critical compliance function. The cost of getting it wrong is no longer just a fine—it could be the end of the business.”
TOPIC: The Equality and Human Rights Commission’s call to reinstate the equal pay questionnaire
COMMENT BY: Joanna Ludlam, Partner at Jenner & Block
“In practice it can be very difficult for employees to determine whether they have a claim for equal pay discrimination, because they do not know how much colleagues are paid.
“Reinstating the questionnaire would certainly help claimants gather information. Any data protection obligations ought to be able to be overcome through anonymisation in most cases.
“However, the questionnaire system would be potentially very burdensome for organisations who would be forced to respond to questions even where claims lacked merit. This would be a potentially crippling administrative burden for already overloaded HR functions.”
TOPIC: The Children’s Commissioner’s latest report which reveals that reveals more children are being exposed to violent pornography online by accident through harmful algorithms.
COMMENT BY: Mark Jones, Partner, Payne Hick Beach
“The Children’s Commissioner has reported that children are viewing harmful content due to algorithms used by platforms, rather than actively searching it out themselves. Under the Online Safety Act and the child safety duties, platforms are required to stop their algorithms from recommending harmful content. This, coupled with age assurance measures, aims to protect children in the online world. The algorithms should filter out harmful content from reaching children in the first place.
The Children’s Codes came into force from 25 July 2025. It will be interesting to see what changes, if any, are seen in this area. In particular, whether platforms are effectively moderating content and no longer using toxic algorithms to filter out harmful content being accessed by children. We wait to see what enforcement action, if any, Ofcom will take against those who breach the rules. It would also be interesting to see a further report from the Children’s Commissioner to see if the Children’s Codes are adequately dealing with the risk.”
TOPIC: The announcement by the online message board 4chan that it will not pay a proposed fine by the UK’s media regulator as it seeks to enforce the Online Safety Act
COMMENT BY: Dr. Kolochenko, CEO at ImmuniWeb, a Fellow at the British Computer Society (BCS) and a practising lawyer specialising in AI, GDPR and data privacy and protection
“The alleged extraterritorial overreach of the recent UK legislation in data protection and cybercrime prevention is a complex and multifaceted question. To avoid liability thereunder, some entities around the globe try to politicise it, however, those attempts will unlikely be successful. In any case, whatever the rationale for breaking the law is, non-compliance with decisions of UK authorities or English courts is a very dangerous avenue that should probably be reconsidered.
First, all Internet resources, including web and mobile apps of infringer, may be blocked in the UK, significantly reducing the British audience. Second, in case of any revenue coming from any UK entities – including indirect revenue paid, for example, by advertisers – those revenue streams may be frozen and seized. The same might apply for EU revenue if the UK obtains a recognition of its judicial decisions in European courts. Third, executives or even employees of the infringer may be arrested when traveling around the globe. In some cases, they may then face extradition to the UK and a long detention before ether standing the trial or being released to their home country if diplomacy prevails. In sum, if you do business in the UK, you’d be much better off complying with local legislation.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
TV EDWARDS
Alia Lewis is joining TV Edwards as Partner and Head of its Public Law Children team. This marks a return to home for Lewis who actually started her career with the firm as a paralegal. She subsequently qualified as a solicitor and gained children law accreditation. Having left the firm following becoming a parent she joined Duncan Lewis Solicitors, where she founded the UK’s first autism and ADHD specialist legal unit. Following this development she won the Legal Aid Lawyer of the Year Award for Children’s Rights in 2023.
Lewis was also co-founder of FLANC (Family Law Advice for the Neurodivergent Community) and has been highly active in promoting systemic change within the family justice system. She is recognised in Chambers UK for her excellence in family law and has been named a Diversity, Equity and Inclusion Champion. She is also listed as a Next Generation Partner and Recommended Lawyer in The Legal 500. She represents both children and adults and regularly conducts her own advocacy.
“It’s a privilege to return to TV Edwards, a firm that champions innovation, excellence and empathy,” said Lewis. “ I look forward to embedding bespoke, trauma-informed practice models that improve outcomes for neurodivergent clients navigating the family justice system.”
CONSCIOUS
Alona Mackay has been appointed as the new Head of Paid Media at Conscious, the UK digital marketing agency for law firms. Having worked for the company on a consultancy basis for more than a decade she is now joining them in a full-time role to lead the agency’s paid search and social advertising strategy based on a her track record in legal lead generation.
“Paid advertising plays an essential role in helping law firms generate quality leads and build predictable pipeline,” says Mackay. “We work closely with firms to test, track, and optimise campaigns that deliver results, whether that’s for high-value services like family law, immigration or medical negligence or something more niche.”
Mackay will also be taking charge of the expansion of Conscious’s social media advertising services, with growing interest in Meta, TikTok, and Reddit from law firm clients.
“We don’t believe in ‘set and forget’ campaigns,” she says. “We’re hands-on and proactive, constantly reviewing what works and going the extra mile to improve performance.”
For more go to: www.conscious.co.uk/site/people/profile/alona-mackay
We hope that you’ve been interested or amused by something in this week’s LEGAL DIARY. If so do send on to colleagues.
And please continue sending your ‘Diary-type’ stories, insights legal comment and appointments to
fennell.edward@yahoo.com