Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
3 October 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: More time, better performance?
Over in the USA Lexitas has just announced the national rollout of its powerful new case tracking tool, eLaw®. Previously available only for New York and New Jersey trial courts, U.S. district courts, and Florida circuit courts it is now going to be available for other jurisdictions across America.
Whether this has any relevance to the UK remains to be seen. But the point is, as eLaw President Dominick Esposito, explained. “This software gives lawyers and paralegals easy access to all court data, allowing them to focus on essential strategy rather than tedious chores. We are certain that nationwide access will significantly streamline operations at law firms of all sizes.”
By any measure getting rid of ‘tedious chores’ is a good thing. The proof of the benefit though is whether ‘strategy’ will be enhanced. We can track that bated breath.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
Outsmarting AI at Kennedys
Where There’s A Will
Post-Brexit Blues for EU Citizens
Road Accident Leads to Cell Break
+ LEGAL COMMENT OF THE WEEK
The Mone case, cyberflashing, the return of employment tribunal fees, proposed new rules on settlement in the UK and adoption in Scotland
+ APPOINTMENTS OF THE WEEK
BCL and Morgan Lewis
LEGAL DIARY OF THE WEEK
Outsmarting AI at Kennedys
How do young lawyers gain the basic skills training and practical experience necessary to kick-start their careers if all those routine tasks have been delegated to AI? That is the almost- existential question facing the profession at the moment.
What’s clear is that if events are simply allowed to take their natural course in the short run (i.e allowing AI to take over and cutting junior jobs to match) then the long term consequences will be serious. The supply chain for experienced human lawyers will shrivel.
However, according to an announcement this week Kennedys is going to take stand and, as they put it, ‘Tackle this challenge head-on.’ But they are being smart about it. Rather than regarding AI as the enemy they want to make it an ally in this fight.
“As AI accelerates change across the legal sector, we have a responsibility to ensure junior lawyers aren’t left behind.,” says John Bruce, the firm’s Senior Partner.
The way they are going about it is through a strategic collaboration with Spellbook, a generative AI platform for lawyers. This partnership will then deliver what they call a ‘pioneering legal training programme that helps lawyers build the skills they need as automation and AI change the nature of junior level legal work.’
So what does that mean in practice?
“This programme is about creating AI-fluent lawyers: professionals who can combine deep legal reasoning with the ability to work seamlessly alongside AI tools,” says Bruce.
The training programme will use simulated scenarios and AI-assisted drafting exercises to replicate learning opportunities that may start to disappear in the workplace. Participants will receive structured feedback on their work designed to emulate the coaching traditionally gained from senior colleagues.
“Our collaboration with Spellbook is a forward-looking investment in the profession’s future, putting our people first whilst addressing head-on the efficiency opportunities and gaps that AI and automation are creating,” says Bruce confidently.
Where there’s a Will
Electronic wills – the way to the future obviously, thinks the Law Commission.
Hold on! Not so fast say the real experts. A study by the Council for Licensed Conveyancers (CLC) has exposed deep misgivings with as many as 72% of professionals reluctant to to back the Law Commission’s recommendations to modernise existing legislation unless better safeguards are put in place.
In fact, three-quarters of probate lawyers say that to allow wills to be signed and witnessed electronically would be opening the system to abuse. That said, being a law abiding lot, only 13% would actually refuse to do it if it became law.
During the Covid pandemic electronic wills were adopted as a safe method of dealing with an emergency. But making it the norm may be a step too far.
“Allowing wills to be electronically signed and witnessed presents both a huge opportunity to further streamline the process and increase security, but it must be done carefully,” says Stephen Ward, director of strategy and external relations at the CLC. “It would undoubtedly be more convenient and accessible, but it will be vital to address concerns about the potential for fraud and undue influence to ensure security and trust and confidence in the process.”
More generally regarding the state of the probate industry 83% of respondents to the CLC survey said it worked well for straightforward applications.Half (49%) said the average wait for a grant of probate was around four weeks or less, although 40% had experienced longer waiting times. Nevertheless, this continues to be a significant improvement on the 12-week high seen just a couple of years ago as HM Courts and Tribunal Service (HMCTS) struggled to cope with the post-Covid backlog.
Post-Brexit Blues for EU Citizens
Alongside the fractious ongoing debate about legal immigrants, irregular refugees and their respective rights it seems that almost a decade after the Brexit vote the UK has still not sorted out satisfactorily the rights of EU and EEA/EFTA citizens, and their family members, living in the UK and Gibraltar.
According to the Independent Monitoring Authority for the Citizens Rights Agreements (IMA) there are still barriers for some citizens in accessing their rights. In a survey undertaken by the IMA one in five reported experiencing difficulties in accessing them, including the right to work, live, and travel (and apart from going shopping that’s pretty well everything that matters).
Amongst those who reported difficulties accessing their rights, 42% were still waiting an outcome on their EU Settlement Scheme (EUSS) application, 35% held pre-settled status. Approaching 40% of those reporting difficulties were from an ethnic minority background.
A further key finding of the survey was the possible impact on future generations (citizens who are currently 21 and under, and children not yet born). Many of the parents or guardians who responded to our survey (38%) said they had not applied to the EUSS for their child.
The main reason (72%) for not applying for a child was a belief that at the time of birth their child held British citizenship due to being born in the UK. A further 13% of respondents were just not aware that they needed to apply to the EUSS for their child. (To gain British citizenship automatically one or more parents must either be a British citizen themselves or hold settled status at the time of the birth).
Maybe because of the challenges identified in the IMA’s survey, almost 40% of citizens were not prepared to express trust in public bodies to uphold their rights. Clearly something is not working.
Road Accident Leads to Cell Break
The determined pursuit of an almost comically naive fraudster by insurance law firm HF has resulted in a gaol sentence for the perpetrator.
Following a minor road accident Jody Poole clearly thought she had been given a winning lottery ticket. Her actual injuries were limited to soft-tissue damage. Her insurance claim, however, was for abdominal swelling, increased blood pressure, headaches and seizures leading to a diagnosis of Non-Epileptic Attack Disorder. That amounted to more than £350,000 in compensation. Added to which she claimed she had not worked since the accident and her income was limited to benefits she received from DWP. She also said that she could not do household chores and required extensive care, funded by the DWP.
What she had not bargained for was surveillance evidence, spanning 18 days over a 26-month period, which clearly revealed that Poole was mobile and that her claims were downright dishonest.
Hastings Direct, on behalf of Advantage, alleged fundamental dishonesty against Poole and in June 2022 she admitted to the deception. She agreed to repay an interim payment of £5,000.00 plus interest and pay Advantage’s costs of £73,422.24 .Poole’s conduct also led HF and Hastings Direct to pursue an application for contempt of court.
Following a four-day hearing at the High Court, HHJ Tindal found Poole in contempt of court, stating: ‘I find it very difficult to place any real weight on what Ms Poole told me in evidence. I found her a thoroughly unreliable witness and, indeed, I am driven to find she was not being honest with me.”
The result? An immediate two-month custodial sentence.
“This outcome is a salutary reminder for claimants who may be tempted to dishonestly exaggerate their claims,” said Alex Wilkinson, Partner at HF and head of the firm’s Large Loss Fraud and Technical Fraud teams. “Not only could they lose any genuine damages they would be entitled to but, if their dishonesty is as egregious as Miss Poole’s, their liberty is at stake.”
LEGAL COMMENT OF THE WEEK
TOPIC: Proposed reforms to marriage law
COMMENT BY: Jennifer Headon. Head of International Family and Legal Director, Birketts LLP
“The reforms announced to marriage law are likely to allow greater certainty, with the Government highlighting the positive impact of the changes on Sikh, Muslim, Buddhist, and Hindu communities.
“It has often been necessary for couples to have a separate civil ceremony in addition to a religious ceremony. This requirement has sometimes led to vulnerable individuals mistakenly believing they were legally married, when in fact the English religious ceremony alone was not sufficient for there to be a valid marriage under English law.
“This difference considerably changes the range of financial remedies available upon separation. The change to the law is likely to provide greater protection for those vulnerable individuals and certainty that they will be entering into a legally-recognised marriage, with the protections that offers, in the event the worse happens – whether that is separation and divorce or the death of a spouse.”
TOPIC: The Mone ‘breach of contract’ case resulting in PPE Medpro being fined £122M
COMMENT BY: James Robertson, dispute resolution partner, Spector Constant & Williams
“Whilst the focus of the media has understandably been on the involvement of Baroness Mone in procuring the contract for Medpro via the VIP lanes which the Government set up to fast track provision of PPE, the court’s focus in this case was always going to be the relatively simple of question of whether Medpro had breached its contract by providing PPE which did not meet the specified guidelines. The judge concluded that it had done and therefore Medpro must now repay the £122m paid to it within 14 days which includes the alleged circa £70m in profit it made on the contract.
“The case will reinforce the notion that the VIP lanes themselves were fundamentally flawed and that the government must do what it can to recoup the losses suffered as a result of awarding huge contracts to companies which were ultimately unable to fulfil their obligations.”
TOPIC: The possibility of a return of employment tribunal fees for workers who want to take their employers to court.
COMMENT BY: Simon Gilmour, Head of Employment, Harper James
“The Labour Government’s latest proposal that it will bring back fees for Employment Tribunal claims is both interesting and surprising. Especially so in the context of what happened last time and the significant law changes they are bringing in, which will be in force next year.
“Employment Tribunal claims can be costly and disruptive, even where businesses have acted reasonably. So, introducing a modest fee system could help deter unmeritorious claims, which often force small employers into settlement, simply to avoid spiralling legal costs. However, the last time fees for Tribunal claims were introduced, literally overnight, claims dropped by 80%.
“Of course, access to justice must remain available for genuine cases, but it’s vital to strike a balance. Employers often can feel the current system is weighted against them, with little downside for employees to issue claims, however weak. A carefully designed fee structure, with exemptions for the most vulnerable, could create a fairer process that encourages early resolution and ensures Tribunal resources are focused on genuine disputes.
“Rather than undermining worker rights, this could strengthen confidence in the system by filtering out claims that never had merit, while still allowing legitimate cases to proceed. SMEs want to treat staff fairly, but they also need protection against vexatious litigation that drains time, money and energy from running their business.”
TOPIC: Cyberflashing to be reclassified under the Online Safety Act
COMMENT BY: Terry Green, partner, Katten Muchin Rosenman UK LLP
“This is not the first time that the Secretary of State has used its powers under the Online Safety Act to amend the schedule of priority offences. This power was previously exercised in November 2024 where the non-consensual sharing or threat of sharing intimate images or film was made a priority offence under the OSA, prior to the first obligations of the OSA coming into force.
Platforms are mandated by the OSA to conduct risk assessments on each of the 17 (soon to be 18) types of priority offences (also known as illegal harms) and ensure users are protected from illegal harm. Given cyberflashing was already a non-priority offence under the OSA, it afforded user certain protections as platforms must taken this offence into account of its risk management and protect users from it, providing the offence met certain conditions under the OSA. However, the designation of cyberflashing as a priority offence means that all platforms must take into account the risk of cyberflashing on their platforms and it is not conditional for platforms to protect users from the risks of it.
In line with the process in November 2024, platforms should expect that they have 21 days after cyberflashing is designated as a priority offence (via secondary legislation) to update their illegal harms risk assessments and amend the necessary policies and procedures to ensure cyberflashing is taken into account on how a platform protects its users.
This designation may not result in substantial changes for platform with an existing risk of cyberflashing, as it is a risk that they would have already taken into account, however it signals the importance for platforms to track new types of illegal harms and priority offences, which is required under the Illegal Content Code of Practice.”
TOPIC: The Home Secretary’s comments at the Labour Party Conference on rights to settlement in the UK
COMMENT BY: Zeena Luchowa, partner, Laura Devine Immigration
“Shabana Mahmood’s comments on settlement proposals reflect an increasingly restrictive approach to what was outlined in the White Paper by the Government only a few months ago. It appears that these measures are intended to supplement rather than replace the initial proposals, although further clarity on the detail and timing will be essential. Employers and individuals who are already in the UK will undoubtedly be concerned as to how they will be impacted. As a minimum, it is crucial that the consultation on settlement, which we understand shall take place shortly, is clear and unambiguous, and also allows for sufficient engagement with stakeholders.”
TOPIC: The decision by a Scottish court that two adults living apart could still be regarded as a’family’ in terms of adopting an eight year old girl
COMMENT BY: Nick Gova, head of family, Spector Constant & Williams
“This Scottish decision shows a child centric approach, with the law recognising that families can exist across two households. While not binding in England, it could encourage the English courts to take a more flexible and pragmatic approach in relation to a child’s housing where they clearly thrive, rather than focusing on rigid legal categories. That said it is clear, in both jurisdictions that a child’s welfare remains the court’s paramount concern.”
TOPIC: The report of the Government’s ‘New Towns’ Task Force
COMMENT BY: Mark Gauguier, Partner, Farrer & Co
“The UK is in desperate need of delivering housing at scale and [this] announcement is welcome progress to achieving that aim. That said, this should really on be seen as a starter for ten and the Government will need to go substantially further if it is to redress the balance between quality and affordable housing supply and demand. Starting work on three sites in this Parliament is only a small step in real terms, and the small print will have a direct impact on timing, but perhaps the greater importance is in the potential to provide a new model for successful housing delivery at scale in the UK.
LEGAL SECTOR APPOINTMENTS OF THE WEEK
BCL SOLICITORS
Robert Lawrie has been appointed as a Partner at BCL Solicitors having previously practised as a barrister in chambers and set up and led BCL’s Commercial Disputes team since 2023. Prior to joining BCL he had held partnership status in leading City and Mayfair firms where he had over two decades of senior expertise in commercial and civil litigation fraud claims, asset recovery, injunctive relief, shareholder and trust disputes, arbitration, and cross-border claims.
“Rob’s depth of experience, strategic mind, and client-first approach make him a formidable litigator,” said Richard Sallybanks, Managing Partner of BCL Solicitors. “His appointment as Partner reflects both his personal contribution and the confidence placed in him by clients and colleagues. We are proud to welcome him to the partnership.”
Lawrie’s clients span corporates, high-net-worth individuals, directors, and regulated entities, often across multiple jurisdictions. Among recent high-profile engagements are proceedings involving an alleged $2bn fraud and the successful defence of a conspiracy against a prestigious sports betting brand and litigation linked to the Cambridge Analytica scandal.
MORGAN LEWIS
Christian Tuddenham has been appointed as a Litigation Partner in the London office of Morgan Lewis. Previously with Jenner & Block, Tuddenham has represented financial institutions and companies worldwide on complex high-value commercial litigation, particularly in civil fraud and multijurisdictional matters involving the Middle East, India, Pakistan, and across common law off-shore jurisdictions.
“Christian’s arrival significantly broadens our litigation capabilities in London while enhancing the support we provide to clients across Europe, the Middle East, and Asia,” said Firm Chair Jami McKeon. “His work with financial institutions and Middle Eastern corporate and family office clients, particularly in Bahrain, the UAE, and Saudi Arabia, complements our existing strengths across disputes and transactional practices. With Christian joining our platform, we are extending the depth of service we already deliver to clients navigating international opportunities in today’s interconnected markets.”
London Office Managing Partner Nick Bolter commented, “We are delighted to welcome Christian to the London office, where his arrival reflects both the continued bolstering of our office and the increasing sophistication of client needs. Christian’s experience complements the broader expansion of our platform, with London playing an integral role alongside our growing international capabilities.”
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