Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
10 October 2025
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: Chinese Whispers
The hapless duo Berry and Cash, allegedly spies for China, have been characterised in recent weeks as like something out of a John le Carre novel.
If only.
Immense amounts of Government time and public indignation have been exercised on what is more like a Carry On Caper than a dark mystery of impenetrable intrigue. As far as the latest reports show the pair of fall-guys had no access to any state secrets and were merely doing what plenty of journalists and PR people are doing on a daily basis – picking up gossip and sharing it with people who might (or might not) have the UK’s best interests at heart. But it certainly wasn’t military or diplomatic intelligence of deep consequence.
China certainly represents a severe threat to the UK but Berry and Cash were unlikely tunnels for critical espionage. Instead they look lie low-hanging fruit for Government agencies aching for a ‘slam-dunk’ success (as has been reported).
However, what was more depressing about the story was the naivete of the legal comment by people who should know better. Actions are judged criminal by the law in place at the time of undertaking. What might be illegal now was not illegal then. It’s a pretty simple concept. The fact that so many politicians seem to bridle at it is much more worrying than a minor China crisis.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
Tricky Passage to India
Championing Pro Bono to Win Wig & Pen Award
Would You Buy A House from this AI?
It Can Work for You Too
+ CONTRIBUTED ARTICLE OF THE WEEK
The GLOBAL SUMUD Flotilla and Attempts to Thwart It: What does the law say?
by Laurence Atkin-Teillet
+ LEGAL COMMENT OF THE WEEK
on the core immunity of advocates, abuse of Paddington Bear, visa rights for creatives, changes to Green Rules in the EU and new thinking on weddings
+ APPOINTMENTS OF THE WEEK
at Clyde & Co
LEGAL DIARY OF THE WEEK
Tricky Passage to India
Tomorrow in New Delhi the Bar Council will host a one-day Family Law Symposium to ‘explore contemporary cross-border issues and dispute resolution in family law’. The claim is that the Bar Council has had two decades of experience working collaboratively with colleagues in India to organise events, discussions, and joint advocacy programmes.
Advocacy ‘for whom about what?’ one is tempted to ask in a week when, according to Indian Prime Minister Modi’s official website, the Indian boss had a telephone conversation with Vladimir Putin, warmly congratulating him on his 73rd birthday and conveying best wishes for “Good health and success in all his endeavours.”
Success in all his endeavours? ALL HIS ENDEAVOURS!!
With the UK caught in an uncomfortable contortion, torn between doing the right thing while desperately trying to boost its sagging economic performance, it might be perceived as awkward to be cosying up to the Indian Establishment which has such allegiances.
“Our visit this week is part of a sustained programme of engagement that involves joint training events, knowledge sharing and collaboration between lawyers,” said Barbara Mills KC, Chair of the Bar Council. “Ultimately, we hope this visit will help create new opportunities for lawyers while reinforcing the rule of law and improving access to justice in both jurisdictions.”
Mills goes on to say that she wants to connect over an area of practice that carries both unique challenges and rewards. “Divorce, child custody, relocation and the enforcement of financial orders remain issues that impact families in both countries and can be challenging both from a legal perspective and personally for those affected.”
No doubt the Ukrainian child abductees would have a thought on that.
Championing Pro Bono to Win Wig & Pen Award
Pro bono champion and pioneer at Hogan Lovells, Helen Boniface, Counsel at the firm (left) , has been awarded this year’s Wig & Pen Prize. It is a fair recognition for her deep commitment to the role which last year alone resulted in 840 hours clocked up to the Pro Bono cause.
Among a long series of her notable achievements has been representing bereaved families following UK terror attacks such as 7/7 Westminster, London Bridge and the Manchester Arena bombing. More recently she has acted in the Covid inquiry for care workers, many of whom had been ‘overlooked, under-protected, and unfairly blamed’ during the pandemic.
Professionally Boniface’s specialist expertise lies in complex Coroner’s inquests and she has used judicial review to achieve change,. An outstanding case involved High Court recognition of emotional abuse in a teenage girl’s suicide.
“Far too often, bereaved families and individual victims find themselves as the only party in legal hearings without representation,” said Boniface. “Whether representing victims of terrorism, families affected by domestic abuse, or frontline social care workers, we seek to address this imbalance through the provision of impactful pro bono advice. I’m honoured to receive this year’s Wig & Pen prize, reflecting work done with my Hogan Lovells colleagues and barristers, and grateful to the CLSC and City of London Law Society for understanding the importance of pro bono work. The legal profession is home to so many talented people – it’s essential that we all continue to use our skills to ensure that access to justice is truly accessible to all.”
Would You Buy A House from this AI?
Buying (or selling) a house is often a nightmare experience. That’s why this week’s ‘AI in the Law’ story comes courtesy of the specialist conveyancing specialist firm Bird & Co, which has been weighing up whether AI can answer the most common queries from first time buyers. An analysis had already been done two years ago – an age away in the AI timescale – and the conclusion was that AI still had a long way to go before it could rival real-life solicitors.
But had things moved on since then? Well, maybe – and under scrutiny, therefore, was AI’s latest incarnation, fresh-out-of-the-box ChatGPT-5.
The results of the tests were striking. Using the same set of questions around first time buyers, government schemes, mortgages and stamp duty ChatGPT-5 had made noticeable improvements. “The latest model delivered fuller and more structured explanations, often setting out information in clear step-by-step guides that made complex topics easier to follow,” said Bird & Co.
According to Daniel Chard, a Partner, “Unlike earlier versions, it provided information that took into account the differences between England, Wales, Scotland, and Northern Ireland. It also distinguished between current and closed government schemes, clarifying the difference between the Lifetime ISA and the now-closed Help to Buy ISA. In all cases, it even attempted follow-up prompts, encouraging users to explore related issues in more depth – something the original version of the tool failed to do.”
Nonetheless there were still some critical gaps in performance. For example, the figures around Stamp Duty relief did not reflect the changes made in April 2025, which could easily mislead a first-time buyer who doesn’t already know the rules.
Even more important though was the lack of recognition of the compelxity of ther process.
“A ChatGPT-5 made buying a home seem far more straightforward than it really is. It skipped over price negotiations and the many steps that follow once an offer is accepted; precisely the points where buyers need professional support,” pointed out Chard.
So don’t resign yet. The human interaction with the client and offering guidance through the complexity of the process still needs a qualified lawyer. At least for now.
For full report go to: https://www.birdandco.co.uk/site/blog/conveyancing-blog/how-well-does-chatgpt5-answer-popular-first-time-buyer-queries
It Can Work for You Too
Meanwhile down at the business end of the unfolding AI story Opus2 , the software and service provider for disputes and case management, announced the acquisition of Uncover, a legal AI company.
Opus 2’s already has a major role in commercial disputes technology and the claim is that this acquisition will drive ‘even more innovation’ across the range of Opus 2 litigation and arbitration solutions.
“We’re thrilled to welcome Uncover to Opus 2,” said Greg Blackman, CEO at Opus 2. “By combining our strengths, we’re poised to set a new standard for AI across the dispute lifecycle, delivering intuitive, innovative solutions that empower lawyers to excel and win cases.”
Picking up on some of the issues mentioned by Bird & Co (above) in connection with the critical significance of the human dimension Caroline Zand-Korteweg, co-founder and co-CEO of Uncover, said. “In joining with Opus 2, we’re able to continue pursuing our mission to help lawyers be lawyers again – more productive, more insightful, and better equipped to thrive in the future,” said Caroline Zand-Korteweg, co-founder and co-CEO of Uncover. “Together, we will accelerate the pace of innovation and keep our clients ahead in a rapidly evolving legal market.”
NOTE: According to Uncover, its multi-model engine brings to the fore “insights and cross-references documents in context, much like a trained associate would, to ensure performance and reliability. In addition, Uncover automates document organisation, generates timelines, summarises key information, and provides intelligent search and case assistance—all features that are built around how lawyers approach litigation. Uncover reduces the cognitive load of managing complex cases without removing the lawyers’ role in making decisions.”
CONTRIBUTED ARTICLE OF THE WEEK
The GLOBAL SUMUD Flotilla and Attempts to Thwart It: What does the law say?
by Laurence Atkin-Teillet
Earlier this month Israeli naval forces intercepted and boarded nine vessels in international waters part of the Global Sumud Flotilla, whose objective was to break the Israeli blockade of Gaza.
Israel maintains that the blockade is a lawful security measure in response to ongoing hostilities with Hamas, and that the flotilla was attempting to breach it. The Israeli foreign ministry stated that all those onboard would be processed and deported. Organisers, however, have condemned the interception as a violation of international law.
The legal debate therefore centres on two key questions:
+ is the blockade itself lawful?
+ can Israel intercept civilian vessels in international waters?
Under International Humanitarian Law (IHL), a blockade that causes starvation among the civilian population is unlawful. The Geneva Conventions and customary international law specify that a blockade must not have the effect of starving civilians or denying them essential supplies. If it does, the blockading state is under an obligation to allow humanitarian aid to pass through. In the case of Gaza, the blockade has led to widespread famine, and therefore cannot be considered legally valid. As such, efforts to deliver humanitarian aid in defiance of the blockade, such as those by the flotilla, are legally protected.
Regarding the flotilla’s right to navigate international waters: this is protected under the United Nations Convention on the Law of the Sea (UNCLOS). Freedom of navigation is a foundational principle of maritime law, and it guarantees that ships may move freely through international waters without interference from other states. Israel does not have legal jurisdiction over Palestinian waters, particularly in light of the international recognition of Palestine as a state. The continental shelf, exclusive economic zone (EEZ), and territorial waters off the coast of Gaza are not part of Israel’s territory. Attempts to classify the flotilla as “piracy” are unconvincing, because piracy under international law requires violence beyond mere disruption.
Ultimately, the Global Sumud Flotilla raises broader legal and ethical questions about how humanitarian obligations intersect with state security concerns. Whether the mission was a legitimate act of civil protest or a political provocation, its interception in international waters will remain a focal point in the debate over international law and accountability in Gaza.
Laurence Atkin-Teillet is a Lecturer at Nottingham Law School
+ LEGAL COMMENT OF THE WEEK
TOPIC: The Court of Appeal judgment regarding the case of XGY v Chief Constable of Sussex Police & Crown Prosecution Service (CPS) which restates the principle of core immunity for advocates.
COMMENT BY: Barbara Mills KC, Chair of the Bar Council
“We’re grateful to the Court of Appeal for the careful consideration of the issues in this case. In our intervention we sought to protect the core principle of immunity from liability for advocates and argued that those who participate in court proceedings should be able to speak freely, without fear of being sued.
“This principle is critical for access to justice and the administration of justice. The uncertainty resulting from the High Court ruling could create a chilling effect on fearless advocacy, so we welcome today’s ruling which settles the position for the time being.
“We are also extremely grateful to our legal team, counsel Adrian Waterman KC and Beatrice Collier, and Emily Carter and Sameera Abdulrehman of Kingsley Napley LLP, all of whom acted pro bono.”
TOPIC: Possible eligibility of dancers, writers and photographers from overseas for key worker visas under government plans to fill “crucial” roles in priority sectors
COMMENT BY: Natasha Chell, Partner and Head of Risk and Compliance, Laura Devine Immigration
“This proposal could offer a vital lifeline for the UK’s creative industries. Including dancers, choreographers, writers and other creative professionals on the temporary shortage list recognises that these roles are specialist and sometimes not easily filled domestically, despite the sector’s huge contribution to the economy and to Britain’s global reputation for cultural excellence.
“However, the temporary and restrictive nature of the scheme means many organisations will still face uncertainty when recruiting from abroad. The situation is also less appealing for creatives such as dancers, as this new route will not permit applicants to bring their dependants.
“For creative employers, from touring companies to film studios, continuity and flexibility are essential. The Government should ensure that any new visa route is affordable, accessible and aligned with the realities of the creative sector, rather than a short-term fix.”
TOPIC: Possible changes to ‘green rules’ for businesses within the EU
COMMENT BY: Lucy Blake, Partner, Jenner & Block
“Although the European People’s Party proposal states that due diligence requirements should “as a general rule” be limited to a company’s own operations and Direct/ Tier 1 business partners, it notes that companies should look beyond their direct business partners where they have “plausible information” that suggests adverse human rights and environmental impacts at the indirect business partner’s level.
“Plausible information” is defined broadly. The threshold can be met following receipt of complaints, credible NGO or media reports, “reports of recent incidents”, or “recurring problems at certain locations”.
“Almost every industry is impacted by concerns regarding environmental and human rights harms, particularly at the furthest ends of their supply chains. For many large global companies, the compliance risk of failing to act in the face of “plausible information” (e.g. from whistleblowers, media and NGO reports) would therefore make due diligence of their indirect business partners critical in all but limited circumstances.
“Non-compliance also risks breaching other national laws in the EU and UK, as well as opening the door to potential litigation. Beyond legal risks, failing to address ESG issues also poses significant commercial and reputational threats.
“Non-compliant companies with UK government contracts could also run the risk of debarment under the discretionary debarment regime in the new UK Procurement Act for misconduct in their supply chains.
“Conducting business responsibly remains a critical responsibility that large global companies cannot afford to overlook.
“It does however remain to be seen how the European Union will square this proposal with its commitment in August’s Joint United States-European Union Framework on an Agreement on Reciprocal, Fair, and Balanced Trade “to work to address US concerns regarding the imposition of CSDDD requirements on companies of non-EU countries with relevant high-quality regulations.”
TOPIC: The complaint filed in the High Court against Avalon concerning copyright and design rights in the representation of the much-loved Paddington bear as a foul-mouthed podcast host in a Spitting Image production
COMMENT BY: Paul Cox, Partner, Ionic Legal
“The owners of the Paddington trade mark are relying on copyright and design rights according to reports on this case, so it will be intriguing to see how this plays out due to the limitations of those rights. For copyright, there is an exception allowing people to use limited amounts of copyright material without the owner’s permission for the purpose of ‘parody, caricature or pastiche’, as long as it is ‘fair dealing’. Also, Spitting Image are not using an exact image of Paddington Bear, so there will be a discussion around whether the characters are similar enough. It seems like it might be a challenging case for Paddington to win.”
TOPIC: Proposed changes to the law on weddings
COMMENT BY: Professor Rebecca Probert, University of Exeter Law School, a specialist advisor to the Law Commission on weddings law reform
“As the Law Commission pointed out in 2015, the current rules regulating weddings are outdated, unduly complex, often uncertain, and widely perceived as unfair. The law in England and Wales has remained structurally very similar to how it was in 1836, when the last major reform occurred, but society has changed enormously since then.
“As someone who has spent the last quarter of a century arguing that the law needs to be changed, I am delighted that the Government has accepted the Law Commission’s recommendations for reform.
“Over the years, I’ve written extensively about the problems with the current law and how there needs to be a uniform set of rules that apply to all religious groups equally. I’ve investigated its history, showing how many of the current rules originated in past compromises rather than having a sound rationale.
“I’ve also undertaken empirical research into how the law operates in practice, as part of a Nuffield-funded project led by Dr Rajnaara Akhtar. This research showed how the same rules were experienced very differently by different religious groups.
“Around half a million people choose to marry in England and Wales each year so it is fantastic news that the legal framework is now being given serious attention.
“When I got married, I was able to make my vows to my husband in a way that was meaningful to us both. It was easy for us to do this, because we married in our local Anglican church. The vows we made were familiar to us from countless other weddings as well as being the foundation of our future life together.
“I have always thought how important it is that couples getting married should be able to make their commitment to each other in a way that is meaningful to them. The proposed reforms will make this a possibility.”
+ APPOINTMENT OF THE WEEK
CLYDE & Co.
Janet Gooi is joining Clyde & Co as a partner in the firm’s global Corporate & Advisory practice in its Dubai office. Formerly with Al-Tamimi, Wong & Partners and Freshfields, Gooi has a reputation for her work in the development of the tax environment in the UAE and the Middle East region. Her practice includes work on tax issues with a particular focus on international tax structuring, mergers and acquisitions (M&A) tax and tax disputes for regional and multinational corporations, private equity groups, investment funds and high net worth individuals.
“Tax continues to be an evolving area of law in the Middle East since the introduction of VAT in the GCC countries in 2017 and corporation tax coming into force in the UAE in June 2023,” commented Ray Smith, partner and head of Clyde & Co’s global tax practice. “Janet’s appointment allows us to support clients who are seeking practical and forward-looking advice on how to navigate their tax requirements.”
Sara Khoja, partner and chair of Clyde & Co’s Middle East and Africa board, added, “Janet’s deep expertise will be of great value to clients seeking high-quality tax advice.”
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fennell.edward@yahoo.com