Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
19 September 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: CRACKING ON
The stage management of the Trump state visit demonstrated that the UK still leads when it comes to pomp and circumstance. But it did raise questions about whether gilded carriages can still be relied upon to deliver timely solutions to wider questions of government, law and justice.
Comments by the Victims’ Commissioner, Baroness Newlove, reported below show that behind the paintwork there is a massive need for repair in how His Majesty’s justice system functions. Sadly all the King’s horses and all the king’s men couldn’t put Humpty Dumpty together again. But can they do anything for other victims of crime and abuse?
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
AI – It’ll Cost Yer
Ciao Italia
New Agency Kicks Off
Apprenticeship- The Way to Go
Victims’ Discontent with the Legal System
Lawyers in Full Voice
+ CONTRIBUTED ARTICLE OF THE WEEK
POTANIN V POTANINA DIVORCE CASE RUMBLES ON
by Adam Maguire
+ LEGAL COMMENT OF THE WEEK
on drug regulation around obesity, assisted dying, the costs of dangerous cladding and misled footballers
+ APPOINTMENTS OF THE WEEK
at Boodle Hatfield and Kingsley Napley
LEGAL DIARY OF THE WEEK
AI – It’ll Cost Yer
The penny is dropping, so to speak, that the mass invasion by AI of the way that law is done will also have an impact on how legal work is paid for. Can you still operate on the basis of chargeable hours when what used to take five hours now takes five minutes?
That was the question addressed recently by a roundtable organised by the Association of Costs Lawyers (ACL). And, of course, there is an entirely different way of looking at it. “We need to stop doing the really boring stuff and add value, and charge for the value in the right way,” declared Simon Murray, who heads DWF’s insurance, digital and business services divisions and leads on much of the firm’s efforts to adopt AI, “Whether that is £10,000 an hour, or whether that is a fixed fee, or whether that is skin in the game with a contingency fee, whether that is a retainer – charging X pounds a month to do all of a particular client’ work – we are going to have to be more creative as Costs Lawyers and as lawyers more generally in the way we charge. I just do not think the hourly rate can survive.”
Thinking along the same lines was Mersedeh Safa, a legal director at Clyde & Co, where she manages the commercial costs team. She observed that the adoption of AI would mean “A complete change in law firm culture because everything at the moment is calculated based on profitability and hourly rates.”
So human beings, it seems, are now fighting a rear guard action in their own defence against the advance of the bots. And attempts to persuade the roundtable that it is the ‘human touch’ which remains so important were given short shrift by Simon Murray suggested that a chatbot interrogating a lawyer’s file on a real-time basis could be more than adequate. “Many consumers who are asked about this find that, with the right chatbot, with a good interface and natural language, they feel like they have had either as good or better information than if they were conversing with a human being,” he claimed.
(EDITOR’S COMMENT: Kindly Note that this article has NOT been written by AI – at least as far as we know.)
Ciao, Italia (or maybe cAIo!)
Under the leadership of Prime Minister Georgia Meloni Italy has been enjoying something of a resurgence recently. As well as an almost unprecedented period of political stability the country is being recognised as not just a place to viit to have fun and food but also a place to do business – hence the attractions of Milan right now as London (and other leading centres) seem to stumble.
Also the country is making its mark legally having become the first EU nation to put in place comprehensive AI regulations aligned with the EU’s landmark AI Act.
At a time when AI seems to be both beguiling and wrong-footing governments across the western world the Italian approach claims to have established core principles based on human-centric, transparent and safe AI use while also emphasising innovation, cybersecurity and privacy protections. This is being achieved through the introduction of cross-sector rules covering healthcare, work, public administration, justice, education and sport which require traceability and human oversight of AI decisions.
Significantly, access to AI for under-14s will be subject to parental consent. “This (law) brings innovation back within the perimeter of the public interest, steering AI toward growth, rights and full protection of citizens,” said Alessio Butti, the undersecretary for digital transformation. Deepfakes will be punishable by between one to five years in prison if it causes harm while illegal AI use will also lead to tougher penalties for offenses including identity theft and fraud.
Endorsing the Italian approach Dr. Kolochenko, CEO at ImmuniWeb, commented, “This is a bold and courageous move by Italian lawmakers and government that will likely have a long-lasting impact not only for Italy, but for the global AI industry. The Italian law goes far beyond the comparatively shy and toothless EU AI Act, both in terms of the breadth of regulation of specific AI areas and penalties for non-compliance. Italy confidently sends a clear signal that, while the use of AI is welcome, any malicious, unfair or discriminatory use of AI will have serious legal ramifications.”
New Agency Kicks Off
What happens when a top sports lawyer gets friendly with a retired top footballer and TV pundit ? Well of course, they set up a sports talent management agency under an iconic name.
M&C Saatchi Football has just made its debut bringing together Jamie Redknapp (left in photo) , his long term management company M&C Saatchi UK and Udo Onwere (right) , the well-known sports lawyer and Partner at Bray & Krais. The two of them should make a powerful up-front striking combination.
According to a statement from the firm the agency will provide a suite of services for young footballers, covering strategic career planning, legal guidance, personal mentorship, and international representation, to help emerging talent succeed both on and off the pitch.
Redknapp’s career spanned Liverpool and Spurs, Southampton and Bournemouth and he also played for England benefitting from the guidance of Harry, his equally famous footballing dad. When it comes to offering fatherly advice Jamie should know what he’s talking about.
Apprenticeship – The Way to Go!
Amid the growing concern about the threat to graduate employment opportunities this year as the number of vacancies drops significantly it is good to see that the alternative route to legal qualification -via an Apprenticeship – is growing healthily.
A prime example comes from the insurance firm HF which Beth Jackson (above) joined back in 2016 as an 18 year old with A levels.
In fact, this was supposed to be only a gap-year job before going on to Uni but HF spotted her potential and offered her a Level 3 Paralegal Apprenticeship.
Recognizing that one thing leads to another she sensibly jumped at the chance and having completed the first programme she then went on to the 6 year ‘trailblazer’ Level 7 Solicitor Apprenticeship with BPP.
The result is that nine years later she has now achieved a first-class honours degree in law and legal practice and completed her SQE1 and SQE2 exams. Plus she has had years of experience working alongside a Partner in the firm’s Catastrophic & Complex personal injury team.
“In September 2025, I’ve achieved my dream of qualifying as a Solicitor,” said Beth. “By taking the apprenticeship route rather than the traditional degree and LPC, I’ve gained many years of on-the-job experience while studying, which helped me enormously in the skills components of my degree and SQE. I was also able to earn a full-time wage and have no student debt. My advice to anyone considering taking an apprenticeship route to their career is to do it! It takes a lot of hard work, determination and resilience but the payoff is absolutely worth it, and I’m so excited to see what my future brings as a Solicitor at HF!”
Ronan McCann, CEO and Managing Partner of HF was keen to endorse the Apprenticeship route, “I’ve always been a huge supporter of enabling alternative routes into law, and apprenticeships are a key way to achieve that,” he said.
Victims’ Discontent with the Legal System
The Victims’ Commissioner, Baroness Newlove, is fed up with the legal system. Findings from the latest review commissioned from Dr Leah Burch presents a long list of complaints and grievances about the way it is functioning.
“For too many Disabled victims, the justice system itself is the biggest obstacle to securing justice,” claimed Baroness Newlove with the research showing that those working in the criminal justice system “often lack the necessary training and awareness to meet the needs of Disabled victims“.
Meanwhile victims – maybe not surprisingly given the wider state of the justice system – also face significant practical barriers, from delays in securing interpreters and intermediaries to inaccessible courtrooms.
The review looked at a wide array of literature from the UK and overseas studies to provide a comprehensive overview of disabled victims’ experiences. The conclusions are stark:
- Criminal justice professionals often lack the knowledge and skills to effectively support Disabled victims.
- Early interactions with police are often inaccessible for Disabled victims: delays in securing intermediaries, for example, can undermine their ability to be heard and give accurate evidence.
- Being questioned in court can be retraumatising for neurodivergent victims due to a lack of adjustments or support. Courtrooms can also be poorly adapted for those with physical disabilities.
- Victims report feeling dismissed, describe having their credibility questioned and offences recorded as less serious crimes.
Reflecting on the review and its findings Baroness Newlove, said, “This review validates the experiences shared with me in my victim survey and reveals an uncomfortable truth: too often, Disabled victims are confronted by impenetrable systems, inflexible procedures, and dismissive attitudes that block their path to justice.
“From the struggle to secure an interpreter for an interview, to the challenge of navigating an inaccessible courtroom, these obstacles often leave them feeling doubted, disbelieved, and dismissed.”
The key recommendations made arising from the survey are to
- Improve training for all criminal justice professionals on supporting disabled victims.
- Carry out accessibility reviews at every stage of the justice system.
- Ensure reasonable adjustments are identified and consistently applied.
- Challenge negative attitudes and assumptions about disabled victims.
- Strengthen collaboration between justice agencies and specialist support services.
- Address evidence gaps with more UK-focused research on disabled victims’ experiences
And Finally – Lawyers in Full Voice
“The City Sing event at St Mary Le Bow Church last night followed by a reception hosted by Wedlake Bell and Ashbridge Finance.”
CONTRIBUTED ARTICLE OF THE WEEK
POTANIN V POTANINA DIVORCE CASE RUMBLES ON
by Adam Maguire
An opening of the floodgates – cementing London as the divorce capital of the world or a case which highlights the fairness of English law to financially weaker spouses?
That is the question most family lawyers are grappling with following the reported decision of the Court of Appeal in Potanina v Potanin.
Vladimir Potanin, chief executive of Norlisk Nickel, the world’s largest palladium producer and a major producer of refined nickel, divorced his ex-wife Natalia Potanina in 2014. The couple, who are both Russian and lived in Russia for the entirety of their 31-year marriage, had built up a huge fortune. However on divorce, the wife received just 1% of their wealth, which would be unheard of in England and Wales after such a long marriage. Nonetheless, according to her lawyers, this was still worth $41.5 million.
In 2016 Natalia Potanina moved to England, which is well-known internationally as a jurisdiction which does not discriminate between the “breadwinner” and the “homemaker” in divorce cases and is generous in reallocating assets amassed during the relationship accordingly.
There is provision in law for a spouse to bring an application in this jurisdiction where insufficient provision has been made in another country following a divorce overseas. Permission is required to bring such an application and the wife’s application for permission was initially refused in 2019.
One might think it should not be open to a party to relocate following their separation in one jurisdiction which they called their home to another in order to secure a more favourable settlement than that ordered by the courts in their home country. Indeed, the husband accused his ex-wife of just that – “divorce tourism” – and concerns have been raised that this may open the door to more claims by international couples, stretching the resources of the courts further.
However, the Court of Appeal has reiterated the broad discretion in these cases. The wife was able to demonstrate a genuine connection to this jurisdiction and that she had a realistic prospect of success.
The reality is that the ultra-wealthy have always had the resources to litigate such issues, and it will always be worthwhile them doing so with such vast sums at stake.
In any event, we are yet to see whether Mrs. Potanina will succeed in her substantive claim which she has only been given permission to pursue. The actual outcome has yet to be determined and the years-long litigation rumbles on.
Adam Maguire is a partner in the family team at Clarke Willmott in Birmingham
LEGAL COMMENT OF THE WEEK
TOPIC: The Assisted Dying Bill and the controversy over its financial consequences for families
COMMENT BY: Alexa Payet Partner Michelmores LLP, who has has helped shape the modern law on applications for relief against forfeiture and the financial aspects of assisted dying.
“Lord Falconer, who is leading the Bill through the Lords, has emphasised the consequences of the criminal law for anyone who assists or accompanies a loved one to obtain an assisted death overseas and has cited this as one of the reasons that many people choose to travel alone to an assisted dying clinic abroad.
“Regrettably, there continues to be a lack of emphasis on the financial consequences for those assisting the suicide of another. These consequences should be a major consideration for law makers to ensure that the Bill is adequately drafted to ensure sufficient safeguards are in place to guard against them.
“Furthermore, the narrow drafting of the Bill will mean that, a large portion of society will continue to seek an assisted death at clinics abroad and anyone who assists them will remain at risk of committing a criminal offence and losing out financially. This is because, as the law stands, anyone who assists the death of another will automatically forfeit their interest in that person’s estate, as well as joint assets, pensions, and some insurance policies. It is therefore vital that this issue is not overlooked during the debate.”
TOPIC: The controversy surrounding former professional footballers who are believed to have suffered losses exceeding £400m due to poor financial advice and are now being pursued by HMRC.
COMMENT BY: Adam Craggs, Partner at RPC
“We regularly see the long tail of historic tax planning arrangements, particularly film finance arrangements, that were marketed to high-earning individuals, including many professional sports people.
In many of these cases, individuals considered they were participating in HMRC-compliant investments, only to face significant tax liabilities years later when those arrangements were successfully challenged by HMRC and found to be ineffective. While the law is clear that individuals are ultimately responsible for the content of their own tax returns, the complexity of many of these schemes left participants exposed to a substantial tax liability, interest and penalties.
HMRC’s approach to such arrangements has tended to be uncompromising, even where there is evidence that individuals acted on professional advice. That raises serious questions around fairness, consistency, and the need for better safeguards, particularly when poorly advised individuals are involved.
As we have seen with the V11 group and others, the consequences can be devastating. What is needed now is a more pragmatic approach for resolving these disputes, especially in cases where there’s a strong argument that individuals misunderstood the arrangements they were participating in and lacked a proper understanding of the risks involved.“
TOPIC: The launch of a once-a-day tablet for obesity and the regulatory implications.
COMMENT BY: Martin Noble, Partner , Freeths
“With obesity remaining a significant public health issue worldwide, the potential arrival of orfoglipron in the UK could mark an important development.
“As a pill, it may offer broader accessibility compared with existing injectable treatments such as Mounjaro, but any marketing of weight-loss solutions in the UK must navigate a very strict regulatory framework.
“Prescription-only status would limit how the product could be promoted directly, yet we know from experience that influencer commentary and user testimonials often fill the gap – sometimes in ways that would not comply if issued by professional marketing teams.
“Ensuring that claims are lawfully shaped is not just about regulatory compliance, it’s about safeguarding the public from misleading or exaggerated promises.”
TOPIC: The judgment in Almacantar Centre Point v Leaseholders which ruled that leaseholders are not liable to pay for the cost of remediating dangerous cladding.
COMMENT BY: Bhavini Patel, Senior Associate and Co-Head of the Building Safety Group,Howard Kennedy
“The Upper Tribunal has handed down the much awaited decision in Almacantar Centre Point v various leaseholders, dismissing Almacantars appeal and finding for the leaseholders.
The decision cements the Court and Tribunals desire to uphold Michael Gove’s pledge that no leaseholder will pay for the cost of remediation of dangerous cladding. It took the widest approach to interpret the extent of how leaseholders will be protected against the cost of remediation of unsafe cladding.
This case involves the iconic Centre Point House in Tottenham Court Road. It has long been established that the external wall cladding system is unsafe and requires remediation. The remediation works have stalled however as Almacantar, the landlord, has sought to establish who should pay for the cost of remediation; arguing that the building does not have the type of cladding intended to be protected under the Building Safety Act. The leaseholders argue otherwise, claiming this is precisely what was intended by the leaseholder protections introduced by the legislation.
The case is important as it looks at the meaning of “cladding remediation” and whether this should be limited to what is known as “a relevant measure relating to a relevant defect”. The decision is a new and novel point which has not been considered previously by any court or Tribunal.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
KINGSLEY NAPLEY
Paul Davidoff has joined the Private Client team at Kingsley Napley as a partner. Previously with New Quadrant Partners where he was a partner since 2018 Davidoff is a member of STEP and completed the STEP Advanced Certificate in “UK Tax for International Clients” with distinction. He features in the Spear’s 2024 Tax & Trusts Advisers Index, CityWealth and Lexology and has also previously been recognised by the Chambers HNW Guide and Best Lawyers for Tax.
Davidoff advises UK-based and international high net worth individuals, families, trustees and beneficiaries on tax, trusts and estate planning. He is expert in the complexities of the UK’s residence and domicile rules and the UK-tax implications of asset ownership or transfer for individuals, companies and trusts (both onshore and offshore). He advises those leaving the UK on their tax affairs and those returning to or arriving in the UK, whether or not they are UK citizens and have assets here or overseas.
“The evolving tax landscape for UK and international HNWs means we are seeing unprecedented demand for tax related advice and planning services,” said James Ward, Head of Private Client at Kingsley Napley “Paul’s expertise will be invaluable and I am delighted to welcome him to the firm.”
BOODLE HATFIELD
Dom Rothbarth (left) has joined Boodle Hatfield, as a Partner in its Private Client and Tax team. Previously with Taylor Wessing, Rothbarth has wide experience of advising individuals, private banks, family offices and trustees on a range of issues with a particular focus on structuring, succession and estate planning, often involving cross-border elements. He acts for entrepreneurs and early-stage investors throughout the lifecycle of their businesses and regularly supports senior executives and financial services professionals.
“I am delighted to join Boodle Hatfield – a firm with an outstanding reputation and deep expertise in international private wealth,” says Rothbarth. “ The team’s culture of collaboration and provision of forward-thinking advice offers the ideal platform for the type of work I am passionate about: helping clients navigate complex, multi-jurisdictional issues with clarity and confidence.”
“Dom is a great addition to our team.,” said Andrea Zavos, the firm’s Senior Partner. “His technical ability, coupled with his commercial instincts and personable approach put him in an excellent position to provide valuable advice to meet the increasingly sophisticated needs of our clients.”
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