Diary news plus insights, commentary and appointments from the legal world

17 October 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK:Until Death Do Us…erm

‘Marriage is a wonderful institution, but who wants to live in an institution?asked Groucho Marx famously. And his scepticism seems to be catching if the latest data are anything to go by.

“The latest ONS figures reveal a quiet but profound shift in how families are formed and function,” commented Nick Gova, Head of Family Law at Spector Constant & Williams. “Marriage is no longer the majority model, yet our laws still treat it as the gold standard. It’s time family law caught up with modern love and relationships.”

The number of adults living as cohabiting couples now amounts to 6.8 million people. “Cohabiting couples, especially those with children, remain without the same legal protections as married couples,” reminds Gova. “Reform is urgently needed to recognise and safeguard these modern families.”

But how to do so? Marriage as a ‘gold standard’ may be looking a little tarnished. But how do you make cohabiting copper-bottomed?

The Legal Diarist

In this edition

+ LEGAL DIARY OF THE WEEK

Mind Your Ps and G

Courting Disaster – Again

London’s Footballing Pride of (future) Lionesses

Helping ‘Breast is Best’ To Work

+ CONTRIBUTED ARTICLES OF THE WEEK

The proposed amendments to the Children’s Wellbeing and Schools Bill: What else is needed? by Lucy Logan Green

Norwich Pharmacal Orders: A Vital Tool in Pursuit of Fraudsters by Mary Young

+ LEGAL COMMENT OF THE WEEK

on Paddington Bear, assisted dying, erotica on ChatGPT, mass digital ID, footballers’ class action against FIFA

+ APPOINTMENTS OF THE WEEK

at Gibson Dunn and Cooke, Young & Keidan

LEGAL DIARY OF THE WEEK

Mind Your Ps and G (People Planet and Governance)

It should be no surprise by now that political waves are rippling through the board rooms of the US and Western Europe impacting on corporate values and decision-making. But, of course, some countries are more affected than others. Hence according to the annual report, published by Lamp House, part of the legal rankings company Chambers, what is called ‘responsible business activity’ among law firms is seen to be in decline in America while in Britain it is being sustained – or even boosted. Indeed, according to the report, “Overall, UK-headquartered firms’ average score was double that of their US counterparts, with 65% of UK firms seeing their average scores increase year on year.”

Measurements(drawn from firms’ website) were taken across three principal categories: People, Planet and Governance (which could be interpreted in some quarters as equivalent to ESG). Again according to the report UK firms made the most significant progress on the environment and sustainability, supporting women in the profession and social mobility when compared to 2024 – while US firms saw the biggest drops in initiatives supporting ethnic minorities, women and LGBTQ+ individuals.

“While UK firms continue to make heartening progress when it comes to responsible business, political headwinds in the US appear to have had a significant effect on what US firms are prepared to disclose, particularly in relation to initiatives designed to support the recruitment, retention and progression of women, ethnic minorities and the LGBTQ+ community,” said Lisa Hart Shepherd, chief product and innovation officer at Chambers and Partners.

“That doesn’t mean the initiatives in place have disappeared overnight, but firms are rethinking and reshaping the public communication and positioning of those efforts in the light of the political risk.

“The continued commitment of UK firms on the environment, social mobility and women in law in particular is welcome. We know how important progress in these areas is to talent and clients as well as society as a whole and we hope that long term we continue to see an expansion of responsible business initiatives on both sides of the Atlantic.”

The Top Five Firms (in alphabetical order) when it came to ‘People Planet and Governance’ ranking were

• Clyde & Co
• DWF
• Pinsent Masons
• Simmons & Simmons
• Taylor Wessing

Stand-Out Progress

Planet: Nearly six in 10 UK firms (58%) now have a publicly declared net zero target, up from 44% last year, with still only 19% now reporting on how they are progressing the notoriously challenging issue of tackling business travel-related emissions.

People: Initiatives to support the retention and progression of women showed the most growth in the UK, up 6% over the last 12 months, with more firms publicly disclosing parental leave policies accounting for much of the change

Governance: The biggest year-on-year increase in the governance category was in the number of firms describing how responsible business-related risk forms a part of their risk register, up from 13% in 2024 to 24% in 2025.

Courting Disaster – Again

Broken Britain might be a (slightly) over-used expression but it certainly applies to the ‘dysfunctional’ County Court system. The Commons Justice Committee, chaired by Labour MP Andy Slaughter, has just labelled the County Courts a failure in delivering civil justice and there are now deep concerns as to whether it can heal itself despite the Government’s assertions that it is seeing progress towards a ‘more efficient, timely and digitised service’.

 “It is right the Ministry of Justice has acknowledged the County Court ‘faces substantial challenges, and the performance needs to improve,’” said Slaughter. “The Committee’s report laid bare [what] could be best described as the ‘Cinderella service’ of the justice system.

The problem is that ministers have rejected a key recommendation to undertake an ‘urgent and comprehensive’ review of the County Court to be launched by Spring 2026.

The cross-party Committee’s report back in the Summer called for a ‘root-and-branch’ review to address systemic delays and entrenched inefficiencies across its operations.  Most alarmingly – but maybe unsurprisingly- the report found that the decade-long digital Reform programme had ‘fallen well short of its ambition, leaving a myriad of incompatible systems and outdated paper-based processes’. 

On digitisation, the Government said, “In tandem with our work to expand the reach of our digital services we are implementing improvements in electronic document management through the Civil Auto File Share (CAFS) project which will be delivered by the end of the year. CAFS will end the slow and costly practice of the Civil National Business Centre producing paper files and posting them to courts with the risk of them being mislaid and where they then need to be stored. This will save time and money, is more efficient and will bring practices into the 21st century.”

One can only hope. Surely AI must be summoned in aid?

London’s Footballing Pride of (future) Lionesses

 From left to right: Paul Whitehead (Chairman, AFC Greenwich Borough), Angie Prosser (sponsor), Vikki Herbert (centre, Co-Managing Partner, Thackray Williams), Anthony Oliva (sponsor) and Lewis Glasson (Sport Partner, Thackray Williams)4

Hill Dickinson may be the name on the new , fabulous stadium for Everton Football Club but when it comes to football sponsorship the top Liverpool firm has a rival.

Thackray Williams and the specialist criminal and traffic law firm Macauley Smith have been revealed as the new sponsors of AFC Greenwich Borough – and when it comes to this corner of south London it doesn’t get much bigger than that (OK, well there is Crystal Palace but let’s not allow them to get too big for their boots).

Just last week the two firms were unveiled as the official sponsors of the girls’ and women’s teams at a special presentation evening held to celebrate the ‘Players of the Month’ of each of the club’s 20 girls’ teams. And the benefits of the sponsorship had already become obvious – the women’s First Team at the club’s new home site,GB10 in Eltham, had just triumphed 6-0 against the well-regarded Ashford United.

“As a law firm led by two female Managing Partners, alongside one male Managing Partner, Thackray Williams is delighted to be supporting the girls and women at AFC Greenwich Borough,” commented Vikki Herbert , co-managng partner. “We share aligned values and goals with Greenwich Borough and are looking forward to supporting the club in its exciting next chapter.

“As a firm headquartered in Bromley, Thackray Williams shares the club’s mission of encouraging opportunity and talent in our local community in South East London, and particularly value the academy’s role in inspiring grass roots enthusiasm, participation and fitness as well as nurturing talent through to professional standard.”

Watch out Womens Super League – AFC Greenwich have you in their sights.

Helping ‘Breast is Best’ To Work

4PB has something of a track record at the Bar as a leader in the field when it comes to family-friendly working initiatives. For example, its Parental Leave Policy (which it launched in 2022) includes a ‘no rent’ option for a full leave period of up to 12 months – and then for a further 12 months after return to work.

So what next? Breastfeeding at work has long been stigmatised, it points out, so let’s have a go at that. The result is the Bar’s first ever Breastfeeding Policy developed to help better support breastfeeding members and staff and ease their return to work. 

The new policy, chambers explains, is “designed to offer practical and proactive solutions for members and staff which are discreet and flexible, but also to encourage a better understanding across 4PB as to how people can best support their breastfeeding colleagues, both in chambers and at court.” This policy was produced, it adds, with the expert assistance of Sally Rickard IBCLC to ensure it was evidence-based and reflected best practice. 

“I am sure that breastfeeding is not the biggest problem that women face at the Bar,” says Charlotte Baker, Barrister at 4PB, “but the fact that this policy is the first of its kind does not reflect well on a profession that continues to struggle to retain and promote women. 

“When I was preparing to come back to work after having my daughter I spoke to friends and colleagues about their experiences of breastfeeding at the Bar. It was striking that those who had done so very recently had virtually the exact same experiences as those who had done so 30 plus years ago. Little seemed to have changed.”

Well, now it has – at least at 4PB. According to Charles Hale KC, Head of Chambers at 4PB the new policy acknowledges that parenthood and a career are not mutually exclusive. “No one should have to choose between the two,” he says. “Supporting breastfeeding isn’t just a policy, it’s a cultural commitment.”

The hope is that other chambers will start to follow 4PB’s example.

CONTRIBUTED ARTICLES OF THE WEEK

The proposed amendments to the Children’s Wellbeing and Schools Bill: What else is needed?

by Lucy Logan Green

Campaigners including leading children’s rights groups UNICEF and Save the Children have called for England to introduce a statutory requirement for children’s rights to be considered when the government is taking decisions relating to children’s wellbeing, social care or education. Additionally, the organisations have called for the introduction of a statutory requirement to publish child rights impact assessments on any proposed law, policy, budget or strategic decision affecting children. The proposals, which have formally been put forward in Parliament by Baroness Lister as amendments to the Children’s Wellbeing and Schools Bill, would bring England into line with Wales and Scotland, which have already adopted such requirements. Ultimately, the organisations seek the incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into domestic law, joining some 196 other countries which have already done so.

Module 8 of the Covid-19 Inquiry chaired by Baroness Hallett is currently hearing evidence in relation to the impact upon children of the lack of such statutory requirements for English children during the pandemic. The former Children’s Commissioner for England, Baroness Longfield, gave evidence to the Inquiry, stating that the lack of child rights impact assessments in England made decision-making in relation to children’s interests and rights more difficult, albeit she noted that the assessments when done in Wales and Scotland, were often not given the status or depth to make sure that they had the teeth to ensure that resources followed.

The question is how effective the proposed amendments will be at promoting children’s rights when it comes to the day-to-day decision making of government. Unquestionably, it would represent a greater commitment to children’s rights, however, many are additionally calling for the incorporation of the UNCRC (as set out above) and the creation of a specific office of the “Children’s Minister” to sit at the cabinet table. This would go further in ensuring that children’s rights are placed at the heart of decision-making, particularly for such a huge cohort of the unenfranchised.

The proposed amendments to the Bill are a welcome step on the way to greater consideration of children’s rights within our society. Just as observed by Baroness Longfield, however, if the statutory changes are not reinforced with tangible resources and if the impact assessments do not lead to wholesale changes in the approach taken by those at the top, they will not bring about any real change in children’s lives.

Lucy Logan Green is a barrister at 4PB

Norwich Pharmacal Orders: A Vital Tool in Pursuit of Fraudsters

by Mary Young

A Norwich Pharmacal Order (NPO) – so called because it derives from the  Norwich Pharmacal Co. v Customs and Excise Commissioners case of the 1970s – is a disclosure order available in England and Wales. Developed by the Courts rather than statute, it enables victims to compel third parties who have become “mixed up” in wrong-doing to disclose the identity of wrongdoers, or key information required to plead a case or trace assets. Provided that Applicants meet certain criteria, a NPO can be obtained in the course of existing proceedings or (perhaps more commonly) before a claim has begun.

Norwich Pharmacal relief is a flexible remedy capable of adaption to new circumstances. A traditional case where a NPO would commonly be sought is where a victim of fraud knows which bank account monies were initially transferred into and they seek a NPO to obtain information from the English bank such as (i) how much is left in the account (ii) which account(s) the monies were dissipated to and (iii) details of the registered account holder. Ultimately, the aim is for the victim to use this information to pursue the wrongdoers and recover their losses.

However, Norwich Pharmacal relief can evolve to meet the developing demands of international fraud. A series of conflicting decisions in 2020 and 2021 meant that practitioners were not clear if NPOs could be served on non-parties outside of England and Wales, which is particularly crucial for tracing digital assets through foreign exchanges.

This uncertainty resulted in a change to the Court rules in October 2022, which introduced a new ‘gateway’ for service of information orders (including NPOs) against non-parties outside of the jurisdiction. It means that there is now a specific provision in the rules allowing an Applicant to serve a disclosure order on a foreign entity, provided the Court gives permission and the Applicant meets the other service out criteria. Just a month after the new gateway was introduced a victim of crypto-fraud relied on it to serve disclosure orders (albeit Banker’s Trust orders rather than NPOs) on multiple overseas cryptocurrency exchanges (in the case of LMB v Bitflyer & Others), showing how quickly this judge-made law can adapt. It underscores London’s enduring appeal as a forum for international dispute resolution, where Courts can provide flexible pre-action remedies unavailable in many other jurisdictions.

Mary Young is a Committee Member of the LSLA and Partner at Kingsley Napley. 

LEGAL COMMENT OF THE WEEK

TOPIC: The notorious Paddington Bear rip-off case in the High Court following a YouTube sketch that presents the bear as a drug-addled host.

COMMENT BY: Howard Ricklow, Intellectual Property partner, Spencer West LLP

“Reports indicate the claim alleges copyright and design right infringement. Copyright in the UK allows fair dealing for parody, but only if the borrowing is fair and no more than needed to make the joke; courts will look at the extent of copying, commerciality and whether the parody competes with normal exploitation of the work. By contrast, design law has no parody exception: if StudioCanal owns relevant designs for Paddington, infringement turns on whether the puppet creates a different overall impression on the informed user.

We do not know whether there have been trade mark or passing-off claims. But there is an argument that damage to the brand is likely when such a well-known family icon is linked to drugs.

This case will be the first English high-profile case to examine the parody exception to copyright infringement and, assuming there is no private settlement, the court will indicate how closely satirists can mimic iconic designs while claiming parody.”

TOPIC: The House of Lords’ new select committee set up to examine assisted dying.

COMMENT BY: Rosamond McDowell, Private Client Partner, Payne Hicks Beach

“The new Committee will hear from witnesses and look at how the Bill would work in practice.  It must report by 7th November, which represents a delay in the progress of the Bill but not of an order that would endanger its passage in this session of Parliament, which will now last until at least Spring 2026.  It will have no power to stop or reject the Bill.

“October is now dominated by the weekly proceedings of the new Select Committee, so we can expect the Bill Committee to sit from mid-November up to the Christmas period, with a likely New Year Report and Third Reading stage in the Lords, when key votes will be held, and then a return to the Commons for some legislative “ping pong” on amendments during late Winter/early Spring.  In short, this Bill has a long way to go.”

TOPIC: The proposal by  OpenAI to allow erotica on chatbot ChatGPT

COMMENT BY: Larry Wong, Associate, Katten Muchin Rosenman LLP

“Under the Online Safety Act, pornographic content consisting only of text (i.e. erotica content) does not qualify as pornographic content. However, the inclusion of any text-to-speech capabilities or synthetic audio content, such as those already available on ChatGPT, may result in erotica content being qualified as pornographic content for the purposes of the OSA, so long as the principal purpose of the work is for sexual arousal.

ChatGPT providing ‘qualifying’ pornographic content (i.e. providing content beyond just text) would result in it being qualified as a Part 5 provider pornographic content. Ofcom’s guidance makes clear that services making available generative AI tools to allow the creation of content through prompts or controls by a user will be treated as a Part 5 provider. As such, providers such as ChatGPT must have ‘highly effective’ age to prevent content harmful to children (such as pornography) from being accessed. Although details of the plans for ChatGPT’s age verification will follow, ‘highly effective’ age verification must be in place prior to the new erotica content service being made available to users.

The OSA takes a principled approach to what qualifies as ‘highly effective’ age verification, systems used by ChatGPT must be: i) technically accurate; ii) robust; iii) reliable; and iv) fair. To avoid cutting off users from the rest of the service which does not contain content harmful to children, ChatGPT should only ‘age-gate’ its adult content services. This may be an opportunity for ChatGPT to develop an ‘adult section’ of the service that only age verified users can access. This creates opportunities to beyond erotica but also to a search engine service for adult content, which ChatGPT does not currently provide.

AI platforms have been under scrutiny for the content their models generated, particularly content that encourages or assists suicide. Whilst the OSA does protect users online, it is limited in scope and there is room for legislation specific to AI governance to complement what the OSA is trying to achieve and ensure that users are protected consistently online from AI systems.”

TOPIC: The proposal to introduce mass digital ID

COMMENT BY: Radha Stirling, founder of Detained in Dubai and Due Process International

 “We have seen what happens when states are handed unchecked power, from Interpol abuse to cybercrime prosecutions used as political weapons, to the capture of Princess Latifa when US intelligence data was shared with the UAE to locate and seize her. Where states have authority, citizens suffer. There is no care for the human consequences, no responsibility and no compensation, only power exercised without restraint.

“Now governments want to fuse all that authority into a single Digital ID system. Once your identity, finances, location and communications are linked, it becomes effortless to silence critics, freeze accounts or destroy livelihoods with a keystroke. That is not progress; it is an authoritarian dream wrapped in the language of safety and convenience. This would require a trust in government that they have never been able to earn.”

TOPIC: The decision by the French national trade union for professional footballers (UNFP) to support the Dutch Justice for Players Class Action Against FIFA and EU Football Associations on behalf of professional footballers over allegedly unlawfully restrictive FIFA Regulations

COMMENT BY: Lucia Melcherts, The Chair of the Board of the Dutch ‘Justice for Players Foundation’

 “The UNFP’s decision to join the Justice for Players Foundation as a co-plaintiff against FIFA is a powerful endorsement of what we are committed to achieving through this legal action for professional footballers, not only past and present but also in the future. Achieving reform of the FIFA transfer system and securing compensation for players is firmly on the horizon.

The UNFP’s support highlights the growing momentum amongst stakeholders calling for fair, transparent and legally compliant transfer rules, following the European Court of Justice ruling in October 2024 that declared that FIFA regulations have unlawfully restricted players’ freedom of movement and reduced their earnings for over two decades.

We urge all players who have played for an EU or UK club since 2002 to learn more and join the legal action via the justiceforplayers.com website in order to secure the compensation that is owed to them.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

Gibson Dunn

Simon Tysoe is joining Gibson Dunn as a partner in its Mergers and Acquisitions, Energy and Infrastructure, and Oil and Gas Practice Groups in London as part of the firm’s strategic expansion in the energy and infrastructure field.

Formerly with Latham & Watkins, Tysoe has more than two decades of experience advising on complex cross-border transactions in the energy and infrastructure sectors.

“Simon is a highly respected figure in the global energy M&A space, and his deep industry knowledge makes him an exceptional addition to our team as we further advance our capabilities across the energy and infrastructure markets,” said Rob Carr, Co Partner in Charge of the London office.

Tysoe comments, “The firm has built outstanding momentum in the energy and infrastructure space in the US and is experiencing rapid growth in the UK, Europe, Middle East and beyond. I look forward to working with such a successful and ambitious team to deliver outstanding results for our clients.”

Cooke, Young & Keidan

Elizabeth Meade has been promoted to Partner from Senior Associate at Cooke, Young & Keidan. Qualified as a Barrister and Solicitor of the High Court of New Zealand, Meade joined CYK in 2017 having previously been a senior solicitor at Meredith Connell, the Office of the Crown Solicitor in Auckland, New Zealand.She holds a Master of Laws from the London School of Economics and Political Science.

Specialising in financial services, technology and crypto disputes and contentious regulatory matters, Meade has also developed a broad advisory practice at the forefront of crypto-asset law and regulation. Her work in this evolving area positions her as a trusted advisor to clients navigating the legal challenges of emerging financial technologies.

The Legal 500 has described her as “exceptional”, “hands-on”, and possessing “very strong knowledge of technology” while Chambers & Partners has said she is a “fantastic lawyer – highly responsive, attentive to detail and very pragmatic”.

Sinead O’Callaghan, the firm’s Managing Partner, commented, “I am delighted to announce that Liz will be joining the partnership at CYK. Her promotion to partner is a reflection of her excellence as a lawyer and her commitment to both the ethos and development of the firm. It is very well deserved.”

We hope that you’ve been interested or amused by something in this week’s LEGAL DIARY. If so do send on to colleagues.

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fennell.edward@yahoo.com