Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
5 September 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: Ray of Intelligence
Official Photograph UK Parliament
The Angela Rayner stamp duty case will become a small inflexion point in the story of the Starmer regime. Her resignation marks not least a contrast in style between a Prime Minister with an eye for legal detail and a Deputy whose talents, it might fairly be said, lie elsewhere. As a political duo – uniting big dreams with forensic awareness – that might sound attractive. But when it comes to the responsibilities of Government it has been riven with weaknesses.
In practical terms though the case has also emphasised the importance of up-to-date information. Mishcon de Reya is running an event later this month called ‘When ignorance is not bliss: Embedding open-source investigations in legal cases’. The focus is on the importance of integrating open-source intelligence (OSINT) into legal cases. “In the world of legal cases, ignorance is far from bliss and can result in missed opportunities and unmitigated risks,” explains Mishcon. “OSINT empowers us to uncover hidden assets, verify essential documents, and gain valuable insights into key individuals and companies.”
Rayner-watchers take note.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
Sighing Over Cyber Crime
Time to Get Defensive
Maybe Right for You?
Prison Vision
+ CONTRIBUTED ARTICLE OF THE WEEK
What needs changing to challenge effectively the growth of violence against women and girls by Amelia Davey
+ LEGAL COMMENT OF THE WEEK
on the new Sentencing Bill, Angela Rayners’ Stamp Duty difficulties, the Employment Rights Bill and London restored as ‘divorce capital of the world’
+ APPOINTMENTS OF THE WEEK
at Littleton Chambers and Boodle Hatfield
LEGAL DIARY OF THE WEEK
Sighing Over Cyber Crime
So much to read and so little time to digest it but these past few days the Legal Diary team has been taking a deep dive into ImmuniWeb’s Cybercrime Investigations weekly blog. It brought home, alarmingly, the extent to which we are surrounded by fraud, deceit and cybercrim. In short life has become a perilous journey through a jungle of threats seeping out from our e-devices.
For example, there was Ethan Foltz, an American man just into long pants, really, at age 22. But despite his youth it was said that he was already responsible for enabling hundreds of thousands of large-scale cyber-attacks worldwide through operating a botnet-for-hire service known as “Rapper Bot” (aka “Eleven Eleven Botnet” and “CowBot”), His armoury of hacked IoT devices – such as digital video recorders (DVRs), Wi-Fi routers, and other hardware – is reckoned to have been used to launch more than 370,000 DDoS attacks between April and August 2025 this year.
“In some cases, botnet’s clients used Rapper Bot for extortion, either by threatening to disrupt services or following through with attacks to pressure victims into compliance,” the blog reported.
At which point one’s thoughts turned to Jaguar Land Rover whoch revealed this week that a cyber-attack had “severely disrupted” vehicle production and its retail operation.
“Jaguar Land Rover’s statement on their cyber incident is yet another unwelcome reminder of the threats facing British brands,” commented Mark Tibbs, a Partner within the Cyber Risk and Complex Investigations practice at Mishcon, “JLR’s swift action in proactively shutting down and working to restore systems, along with their transparent messaging, shows commendable crisis management. However, the severe disruption to retail and production activities highlights just how serious the impacts of cyber attacks can be.”
Tibbs went on to say that “The disruption could be a result of IT systems being so interconnected with production processes that any shutdown has a direct knock-on effect on manufacturing. Either way, this will likely lead to delays, supply chain interruptions, and challenges for deliveries to customers and retailers.”
Seriously, folks, how did we get to this?
Time to Get Defensive
Another gem discovered this week courtesy of security firm ImmuniWeb is that many of the top law firms in England and Wales are way behind the curve when it comes to protecting themselves and their websites. According to this research well over one third of the websites from the Legal 500 list of the Top Law Firms in England 2025 are failing to block AI bots and crawlers because they lack server-side security mechanisms and network controls.
“Among those websites that block AI bots, some also have guidelines in their ‘robots.txt’ files to provide instructions not to crawl their web content for specific AI bots (those say that they follow the guidelines from ‘robots.txt” file)’,” comments the firm.
The fact that so many law firms are leaving themselves open to such depredation shows just how fast the technology is moving plus the problem of having a generation of top management who might not be sufficiently tech-savvy. Clearly this has now become a matter of basic health and safety amongst law firms. It needs action – and fast.
Maybe Right for You?
Given the cultural about-turn that is happening across half the Western world right now one wonders whether the gradual adoption of B Corp certification is going to run out of steam.
As the official statements put it, “Certified B Corporations, or B Corps, are companies that meet high standards of social and environmental performance, transparency and accountability. Rather than focusing solely on profit, B Corps are legally required to consider the impact of their decisions on their workers, clients, suppliers, community, and the environment.”
So depending on your standpoint that sounds either like the road to ‘Paradise’ or, maybe increasingly, to ‘Hell’. And that is why it is not too much of a surprise to report that not many law firms are yet B Corped.
Yet there are some. And the latest to join this elite group is SA Law which is thrilled that with a Head Office in St. Albans it has become the first Hertfordshire-based law firm to achieve the standard.
“Very few law firms in the UK have B Corp certification, but at SA Law, we felt that a focus on the continual improvement of ethical and sustainable practices in business was non-negotiable, ” says Steve Ryan, co-founder and Joint Managing Partner.“When we set out on our B Corp journey, we were conscious that, whilst we had made great strides to becoming a socially conscious business, there was so much more we could do to be, in B Corp’s words, a ‘force for good’.”
Ryan went on to add, thoughtfully, that lawyers play a huge role in developing standards. “Not only are they at the forefront of legislative change, but through their legal advice, they heavily contribute to their clients’ commercial practices. As a firm, we pride ourselves on our multi-disciplinary, holistic approach to clients’ legal issues. We see the consideration of ethical and sustainable standards as part of this.”
In MAGA-land one suspects this would have no traction whatsoever. But can the UK be different?
Prison Vision
18,00 €
A barefoot woman in black reaches to the sky, her hair flowing like flames, capturing a moment of wild freedom and release.
The View Magazine is a unique glossy-looking magazine ‘by and for women in the criminal justice system’. It is a not-for-profit CIC social enterprise campaigning platform and the focus is on advocacy for the women involved within or affected by the criminal justice system.
New to us at the Legal Diary though is that it also sells prints of artwork created presumably, by inmates or former inmates No attributions are given in the online sales space so we cannot celebrate individuals by name. But it is definitely worth a look.
Go to https://theviewmag.org.uk/product-category/art-shop
CONTRIBUTED ARTICLE OF THE WEEK
What needs changing to challenge effectively the growth of violence against women and girls by Amelia Davey
There were over one million police-recorded crimes related to violence against women and girls (VAWG) in 2022/23 in the UK, equating to around an astounding 3,000 offences per day. So what needs changing?
Housing: the current housing crisis means there is a lack of Local Authority housing available. Rental prices in the private sector make it difficult for survivors of domestic abuse to leave abusive relationships. Many report having to live in hotel rooms with their children, while they wait for accommodation. While this may be manageable very short term, it adds a huge amount of pressure to a family, in circumstances that are already stressful. Consequently, too many remain in relationships they shouldn’t be in. This is a huge issue with no easy solution, but it must be addressed.
Legislation: while coercive control is a criminal offence, there does not seem to be a defence available for victims of domestic abuse who have been forced to participate in criminal activity by their partner. A review of the legislation within the criminal justice system is needed, to consider whether there should be a defence available in these circumstances. Without careful consideration, some victims of domestic abuse are being unfairly criminalised by the very system that is there to protect them.
Funding: more funding is needed for services and charities that provide the crucial support that helps women to break the cycle of abuse and move forward with their lives. We need a meaningful focus on community/local-based services; different regions have different shortages – and dissimilar needs.
Communication: there must be greater transparency between services and agencies. When communication improves, outcomes for victims also improves. If the police, NHS, local authorities, employers can join the dots by talking to each other, then meaningful change can be made. It would make a real difference to have dedicated individuals who don’t just use tick boxes but make interactions with potentially abused women meaningful.
Looking for the positives
There have been some positive changes in society. For example, the growing culture of openness where women feel more able to speak out against misogyny and sexual predatory behaviours. In most workplaces now there is an increasing lack of tolerance for abusive behaviour. Policies and procedures are in place, leaving no space for employees to commit abuse with no fear of reprisal. In general, there is a greater recognition that a person staying silent is almost as bad as a person committing abuse.
What if we don’t go far enough?
When support can be accessed, it is really effective in giving the chance of a positive future for those who have experienced violence and abuse. But if the response continues to be too surface level, the harm we are seeing now will just increase. More women, more girls, more children will suffer, and the cycle will simply continue.
Amelia Davey is Director at The Family Law Company
LEGAL COMMENT OF THE WEEK
TOPIC: The new Sentencing Bill
COMMENT BY: Barbara Mills KC, Chair of the Bar
“The Sentencing Bill reflects many proposals put forward in the Bar Council’s submissions to the Sentencing Review including greater use of electronic tagging and a creative approach to sentencing by introducing measures such as depriving defendants of liberties by way of restricting access to pubs or sporting events. We are pleased that these proposals have been adopted by Government.
“The earned progression proposals rightly encourage better behaviour whilst in custody, whilst punishing those who continue to flout the rules. Prison should punish the serious and most dangerous offenders.
“Whilst the proposed investment in probation is necessary to implement such reforms, the need for the whole criminal justice system to be properly resourced still requires urgent attention. Steps have been made in the right direction but if the Government wants to meet its ambitious law and order agenda, it needs a functioning system from start to finish.”
TOPIC: Angel Rayner’s little local difficulty over Stamp Duty
COMMENT BY: David Smith, Property Litigation Partner, Spector Constant & Williams
“Stamp Duty Land Tax is notoriously complex, particularly when the nuances of trusts and higher rate liabilities are involved. If Angela Rayner disclosed the full circumstances and was told by multiple advisers that no extra duty was due, then the error lies with the advice, not with her intent. The optics are difficult politically, but from a legal standpoint, the key point is that she has acknowledged the mistake, referred herself to the standards committee, and is working with HMRC to put things right.”
TOPIC: The Employment Rights Bill as it passes through the House of Lords
COMMENT BY: Rena Magdani, Head of Employment, Pensions and Immigration, Freeths
“The passage of the Employment Rights Bill through the parliamentary process has not been straightforward. A number of the more controversial elements of the Government’s proposed reforms have not gained support in the House of Lords. For example, in relation to Day One Unfair Dismissal rights, the House of Lords has rejected the Government’s approach and proposed instead a simple reduction in the unfair dismissal qualifying period from the current 2 years to 6 months. The Government does not need to accept that amendment (and with its considerable House of Commons majority is unlikely to do so), but it is an indicator of the difficult balancing act that still needs to be drawn between the Government’s agenda of improving worker rights and the fear of some that the reforms will have significant negative consequences for businesses and the wider economy.
“Whilst the Government recently published its long-awaited roadmap for implementation, it will be disappointing for employers that there remains a significant degree of uncertainty as to the exact nature of the changes that will be made, and, even when the text of the Bill is agreed, the further period of consultation on the detail of some of the reforms means that this uncertainty is likely to prevail for some time.”
TOPIC: The unanimous decision by the Court of Appeal that Natalia Potanina the ex-wife of Vladimir Potanin, a Russian billionaire, can bring a multibillion-pound claim against the sanctioned businessman in London in what could become the highest-value divorce case in English history.
COMMENT BY: Sital Fontenelle, Head of the Family Law team, Kingsley Napley LLP
“All lawyers to international High Net Worth clients have been watching this case, given it concerns the limits to divorce tourism and is the latest determined example of a wife testing England’s reputation for being a fair and generous forum.
The Court of Appeal has today granted Natalia Potanina’s application for leave to bring a Part III claim meaning she is permitted to bring a claim for financial remedies in this jurisdiction following a divorce and financial settlement decided after a long marriage in Russia.
The Court of Appeal had little difficulty in concluding that Mrs Potanina has solid grounds to bring her application on the basis of her connections to this country and the ‘limited’ view of her husband’s assets that was taken in Russia. The Court even went so far as to note that it could be argued the size of her award in Russia meant her reasonable needs could not be met. It also observed she had only received a fraction of what she might have received in this country.
This will no doubt be disappointing to her husband and will dismay those who feel our divorce courts should be dealing with more local and needy cases. As the Court of Appeal notes, this case has been running for nearly 7 years and has consumed substantial resources of the court.
Although today’s decision is, of course, fact specific, the key point is that the door is still open; it reinforces our reputation for being divorce capital of the world and importantly there was no narrowing of the test for other potential claimants who have the appetite to bring litigation here. We will therefore remain an attractive jurisdiction for divorce cases.
However, it is unlikely to be the end of the matter since Mr Potanin may still have the appetite to appeal further and request the Supreme Court considers the substance of this case (their original review was procedural).
This is a blockbuster case in financial terms – with considerable £s at stake in the billions rather than millions – so we can expect it will continue to be hard fought for several years to come. “
Siobhan Vegh, Partner, Stowe Family Law
“The Court of Appeal handed down Judgment in favour of Natalia Potanina in what has the potential to be one of the most valuable financial settlements in the English divorce courts.
The case centres around jurisdiction to bring a claim for financial provision following an overseas divorce. In this instance the parties were married in Russia in 1983 and resided there for the entirety of their marriage prior to their divorce in 2014. Mrs Potanina, in proceedings in Russia and various other jurisdictions, sought to claim a share of vast wealth held beneficially by Mr Potanin (believed to be in the region of $20billion) Her claim was unsuccessful, and she was awarded what she asserts to be less than 1% of the total asset pot.
Mrs Potanina sought leave to apply under Part III of the Matrimonial and Family Proceedings Act (MFPA) 1984 for financial provision following an overseas divorce. Leave was initially granted by the High Court without notice to Mr Potanin, however, the matter has been before the Court of Appeal and the Supreme Court on appeal since 2019. In January 2024, the Supreme Court sent the appeal back to the Court of Appeal, which has now unanimously upheld Mrs Potanina’s permission to apply for financial provision under Part III of the MFPA 1984 on the 4th September 2025.
This decision is likely to be welcomed by UHNW individuals seeking a more favourable financial settlement than they have been awarded in the jurisdiction in which divorce proceedings initially took place. Whilst the facts of the case are unique, they do suggest the English Courts are not as rigid with their interpretation of the parties’ connections to this jurisdiction when dealing with such applications as may have been previously been believed.
It will be interesting to see whether there is an uplift in UHNW individuals commencing litigation in the English Judicial system post this decision, leading the way for London to revive its position as divorce capital of the world, despite its power allegedly waning in recent years.“
Sean Hilton, Family Partner, Stevens & Bolton
“Today’s Court of Appeal decision in the Potanin case marks a significant moment for international divorce law in England. By allowing Natalia Potanina’s financial claims to proceed despite her divorce being finalised in Russia the court confirmed its ability to intervene where a spouse claims they have received insufficient provision from a foreign divorce. Mrs Potanina was found to have a real and meaningful connection to England – she held a UK investor visa, owned property here, and had been habitually resident for over a year. The Judge did not agree with Mr Potanin’s claim that his ex-wife was a ‘divorce tourist’.
“The court also commented that under the Russian divorce Mrs Potanina received a “tiny fraction” of the sum she would have received if she had divorced in England, and that this may be more significant when Mr Potanin is required to give disclosure of his assets here. In those circumstances the Judge commented that it would be appropriate for the court to make a further financial award to Mrs Potanina, the extent of which will need to be determined at a further hearing.
“This decision may now open the door to a raft of applications that have been waiting in the wings for clarity. It is clear this ruling will shape how we advise international clients going forward. While the procedure for these applications has been tightened, the court have made clear that if jurisdiction is established and there’s a real prospect of success for a spouse with a meaningful connection to this country, claims may still proceed with a broad discretion afforded to Judges – perhaps supporting the view that England is the ‘divorce capital of the world’.”
Comment By: Peter Burgess, partner, Burgess Mee
“Today’s ruling further cements London’s position as the divorce capital of the world. Mrs Potanina’s $6bn claim has been thrown a lifeline, by the Court of Appeal allowing the claim to proceed. For UHNW individuals who have been badly served abroad, this judgment will be very welcome. Aspiring “divorce tourists” may appreciate the opportunity to demonstrate connection to this country at the substantive hearing, rather than at an earlier stage. However, this particular long-running high-value dispute may still have some way to go as it remains open to Mr Potanin to seek a further appeal to the Supreme Court.”
COMMENT BY: Nick Gova, Head of Family, Spector Constant & Williams
“This case underlines why London is often called the divorce capital of the world. English courts are renowned for taking a generous approach to the financially weaker spouse, recognising not just financial but also non-financial contributions to a marriage. Critics sometimes describe this as ‘divorce tourism’, but in reality the court is simply applying principles of fairness where there is a genuine connection to this jurisdiction. The Court of Appeal’s decision shows that even in cases involving international families and huge fortunes, England can provide a forum of last resort where a spouse feels they may not otherwise receive a fair share.”
COMMENT BY: Jennifer Headon, Head of the International Family Law Team, Birketts LLP
“A High Court decision of 2019 which rejected Mrs Potanina’s claim to proceed with claims for financial provision following divorce proceedings in Russia in 2014 has today been overturned by the Court of Appeal. The decision of the High Court was given with a warning that if Mrs Potanina’s claim was allowed to proceed that the level of ‘divorce tourism’ in the courts of England and Wales by spouses dissatisfied with the outcome of litigation in courts of other jurisdictions could be limitless.
“While the impact may take some time to be seen, today’s Court of Appeal decision is likely to be instrumental in driving an increase in applications by those with considerable international wealth who feel short-changed by divorce and financial remedy proceedings which have taken place in another jurisdiction and, in turn, reinforce London’s reputation as the divorce capital of the world.”
COMMENT BY: Jake Mitchell, Family Lawyer, Freeths
“When Natalia Potanina received her (comparatively) modest settlement from the Russian courts, it is no surprise that she sought a do-over in the UK. The law governing divorce and finance in England and Wales is rooted in fairness and recognises the contribution of the homemaker and carer of the children as well as it recognises the breadwinner.
“As family lawyers, we often call London the ‘divorce capital of the world’ – and this ruling shows why. The courts won’t let unfair overseas settlements go unchallenged where there’s a genuine link to England. It’s not about opening the floodgates, but about making sure spouses, however wealthy, get a fair outcome.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
LITTLETON CHAMBERS
Not to be outdone by Liverpool FC signing Alexander Izak from Newcastle United, Littleton Chambers managed to secure sports lawyer Steven Flynn on the day the football transfer window closed on 1 September.
Previously with Kings Chambers (in the North and Midlands) Flynn has been described by the Legal 500 as “One of the top sports law juniors in the UK.”
Since being called to the Bar in 2006 his practice has embraced commercial disputes, employment law, and both domestic and international arbitration advising high-profile clients across the sporting world — from professional athletes and teams to governing bodies, agents, and players’ associations. He also sits as an arbitrator and has been appointed as a chair on the Sport Resolutions Arbitration Panel.
“We are delighted to welcome Steven to Littleton Chambers,” said Head of Chambers, Gavin Mansfield KC. “His outstanding experience, particularly in sports law, will further strengthen our already talented team.”
BOODLE HATFIELD
Neil Biswas is joining the real estate team at Boodle Hatfield. Formerly with Trowers & Hamlins, Biswas has more than twenty years of experience in real estate investment and development across both the private and public sectors. He has particular expertise in the London market.
With a reputation in the social housing investment and development market, his experience includes industrial and mixed-use development, joint ventures, and complex funding structures and includes a strong emphasis on the financing of major schemes.
Amongst his clients are major investors including UK and international developers, social housing investors, regeneration specialists, investment funds, and end users across a broad spectrum of property asset classes.
“I am excited to join Boodle Hatfield at such a transformative time in the real estate sector,” commented Biswas. “The firm’s strong platform and strategic vision align perfectly with my focus on delivering solutions-oriented advice to clients across housing, regeneration and large-scale investment. I look forward to contributing to the continued growth of the practice.”
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