Edward Fennell’s LEGAL DIARY

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

28 November 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: Looking for Lamination

You’ve got to love, David Lammy. He may be a former choir boy but like other choir boys in history and literature – think ‘ Lord of the Flies’ – he likes to knock over the traces and be a bit of a lad. That might involve having a row with an Italian taxi driver (always a bold step in the Legal Diarist’s experience) or being a bit economical with the truth in the House of Commons.

So if goody-goody Starmer wanted a pal to kick the legs from below hundreds of years of established legal convention he would naturally turn to Lammy as the ideal perp. No-one’s denying that the criminal justice system needs a massive kick up the backside to start operating effectively. But to kick the jury system excessively and where it is most likely to cause ethical and professional pain required a particular kind of braggadocio – yep, the job had Lammy’s name all over it.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

New President for FOIL

To Every Dispute There is A Season

Prison Radio Association Hits the Big Time

Going Nuclear Over Bureaucracy

+ CONTRIBUTED ARTICLES OF THE WEEK

LONDON: STILL A GOOD PLACE TO DIVVY UP A DIVORCE SETTLEMENT?

By Siobhan Vegh

EMPLOYMENT SHOULD BE A SPACE OF OPPORTUNITY, NOT JUDGEMENT

By Reinoldas Sidlauskas, member of the National Association of Licensed Paralegals (NALP)

+ LEGAL COMMENT OF THE WEEK

on the Budget, employment rights, ONS figures on domestic abuse, the SFO’s latest guidance, planning changes, migration figures

+ APPOINTMENTS OF THE WEEK

at Gibson Dunn

LEGAL DIARY OF THE WEEK

New President for FOIL

Bridget Tatham, (left) Partner at Browne Jacobson, and an Employer’s Liability and Public Liability specialist with more than 30 years’ experience, has been elected President of the Forum of Insurance Lawyers (FOIL) for 2026. She currently chairs FOIL’s Diversity, Equity and Inclusion (DEI) Committee, and this will be a key area of focus for her during her presidency.

“I am honoured to take on the role of President of FOIL, where I will lead the organisation as it tackles the evolving challenges in the insurance sector. Today’s insurers and their legal teams face significant pressures: from claims inflation and emerging markets to ongoing regulatory developments.

“Building an inclusive and equitable environment remains central to our work. Inclusive collaboration strengthens innovation, improves outcomes, and ensures fair access, broader representation, and leadership opportunities – principles that are as much a business imperative as they are a moral one.

“FOIL will continue to provide insight, support, and a strong voice on the issues affecting our members, while also fostering a safe space for members to discuss openly the matters that are important to them as businesses, as well as their clients.”

Due to the armed conflicts in Ukraine and the Middle East it has been a particularly demanding period for the insurance business recently compounded by the rapid rise of Artificial Intelligence (AI) and evolving technology regulation which are transforming the sector, bringing data security, cyber risk and AI governance to the forefront for insurers and their clients. The impact of the Mazur judgment and the related issues around access to justice and legal careers will also be a key focus for the organisation.

FOIL CEO Laurence Besemer said, “Bridget is an excellent choice to lead FOIL into 2026. She is an accomplished insurance lawyer and her work as Chair of our DEI subcommittee has been instrumental.”

To Every Dispute There is A Season

We are well-used to the idea of demands for divorce exploding in the New Year but research from Stephen Rimmer LLP Solicitors  has revealed that seasonal patterns can be discerned across many areas of legal practice. Hence, for example, searches for key terms such as “debt recovery solicitor”, “claim for unpaid debt” and “debt recovery UK” all reached their highest levels of interest across September, October and November 2025.

“The data perhaps shows that disputes don’t happen at random,” points out Andrew Flagg, Partner and Head of Dispute Resolution at Stephen Rimmer. “They follow the rhythm of people’s lives. Autumn is the point when financial strain, work pressures and property responsibilities can collide, which could be why so many issues break the surface at this time of year.”

Although some searches peaked at different points in the year, these variations still reflected shifting financial pressures. For instance, “take legal action for unpaid debt” reached its high point in February, which may relate to post-holiday cash flow strain, while “letter before action debt” peaked in March – a common moment for people to review accounts and move towards formal recovery processes.

The study also highlighted a strong autumn rise in other legal searches, with property disputes, contested probate and employment-related terms peaking between September and November, potentially driven by pre-winter maintenance, neighbour-related tensions and families taking a fresh look at estate matters.

Below is the complete list of debt recovery–related search terms and the periods in which each one reached peak interest:

Prison Radio Association Hits the Big Time

One of the few good news stories to come out of our prisons recently is the success of the  Prison Radio Association (PRA) which recently won Best Publisher or Network at the British Podcast Awards. This marked a standout year for the organisation. which has just announced the launch of a brand-new series of its podcast, Life After Prison, hosted by Zak Addae-Kodua and Jules Rowan.

Addae-Kodua  spent a total of nine years in prison over three sentences. He now runs his own social enterprise and is dedicated to empowering others and advocating for reform. Rowan served two and a half years in prison, during which time she developed a passion for rehabilitation, fitness, and using her platform for change.

The new series premiered this week and is now available on all major podcast platforms, including Spotify, YouTube and Apple Podcasts. 

Among the guests featured in this series are Sabrina Hewitt, a survivor of exploitation and county lines, but now involved in protecting at-risk young people.  Big Stygs, once a Category A prisoner who now leads community projects as an entrepreneur; Marc Conway, who served an IPP sentence and now advocates for prison reform; Jon Watts, also known as Chef Jon, who transformed his life from prisoner to bestselling author and TV chef; and Karen Howell-Ball, who uses her experiences of abuse and prison to empower women and young people.

 “Life After Prison started as a podcast platform, but developed into a community movement of support, built on inspirational stories,” explained Zak Addae-Kodua. “This series we have some incredible storylines to share full of resilience, change and transformation that will inspire people affected by the criminal justice system as well as spark much needed conversations in the wider world.”

You can subscribe HERE.

Going Nuclear Over Bureaucracy

It won’t come as too much of a surprise that when it comes to building nationally significant infrastructure projects (NSIPs) the UK is the past master at adding on gold-plating and designing impenetrable mazes of bureaucracy. Hence the cost of building Norway’s Eiksund Undersea Tunnel was £109m while £267m was spent alone on planning for the Lower Thames Crossing.

That’s why the Nuclear Regulatory Taskforce has just published a report that calls for a ‘radical reset’ of an ‘overly complex nuclear regulatory system’. Among the five key recommendations are:

• Stronger political leadership, including the government providing a robust strategic direction for the civil and defence nuclear sectors.
• Establishing a Commission for Nuclear Regulation to be a unified decision maker across all regulators, planners, and approval bodies.
• Clarifying risk tolerability and proportionality, bringing Britain into line with the rest of the world.
• Merging the Defence Nuclear Safety Regulator into the Office for Nuclear Regulation.
• Avoiding regulation which prioritises bureaucracy over safe outcomes – such as reforming environmental and planning regimes to enhance nature and deliver projects quicker.

Not that these proposals are without their sceptics.

“An overly complex planning system is rightly identified as part of the challenge in building things quicker and cheaper, but it’s important we properly diagnose where the problems lie before ripping up the existing system,” said Ben Standing, partner in environment and planning at Browne Jacobson,

“It’s worth remembering that moving decision-making from the application to pre-planning stage was an idea first floated by Boris Johnson’s government for speeding up housebuilding. However, the criticisms of this approach were that it would create lots of work for under-resourced local authorities in the immediate term – illustrating how such an idea for NSIPs risks merely moving bottlenecks from one organisation to another.

“Merging the Defence Nuclear Safety Regulator into the Office for Nuclear Regulation, meanwhile, won’t necessarily be a silver bullet without adequate staffing and funding. As we’ve seen in other parts of government, bringing together two organisations faces challenges with potential cultural change and other matters that must be well managed.

“More broadly, what we really need from any new nuclear energy strategy is proper leadership from government that provides certainty on where nuclear sits within the green energy mix and what takes priority when balancing judgements regarding development and the natural environment.”

CONTRIBUTED ARTICLES OF THE WEEK

LONDON: STILL A GOOD PLACE TO DIVVY UP A DIVORCE SETTLEMENT?

By Siobhan Vegh

Earlier in the year, London’s reputation as the divorce capital of the world was reaffirmed when Mrs Potanina was granted leave by the Court of Appeal to pursue her claim for financial relief in Potanina v Potanin. Although we are yet to see whether this claim will ultimately be heard in England or what the outcome might be, the judgment revived discussion around divorce tourism and the enduring appeal of England and Wales for the financially weaker spouse.

In recent months, however, political uncertainty surrounding the Autumn Budget – and the prospect of increased taxation on wealth, property and investments – has prompted a growing sense of urgency among High-Net-Worth individuals considering relocating abroad. Exploration and execution of moves to countries perceived to offer more favourable tax conditions and lifestyle benefits, including the UAE, have become increasingly common.

Family lawyers are now starting to see how this mobility interacts with emerging divorce regimes abroad. Historically, relocating to the Gulf was unattractive for spouses contemplating separation. Yet the UAE has taken significant steps to modernise its family law systems, including federal reforms, enhanced safeguards for abuse victims, and the introduction of additional grounds for divorce such as addiction or intoxication. These changes mean that, procedurally, divorce in the UAE may now feel more accessible for divorce than previously.

For relocating couples, this raises important questions about where the better choice for issuing a divorce petition is. While the UAE may offer a more structured, rights-based environment than before, the English courts continue to provide substantially stronger financial relief for the financially weaker spouse. The English courts treat homemakers and breadwinners equally when looking at matrimonial contributions and apply the principles of needs and sharing. Importantly, full and frank financial disclosure is required, where in many other jurisdictions it is voluntary.

A move to the UAE does not necessarily preclude issuing divorce proceedings in England, provided that at least one connecting factor is maintained. Clients may retain habitual residence in England or Wales for a period after moving abroad. Domicile in England continues to be popular for internationally mobile HNWs and provides an ongoing basis for using England as their divorce jurisdiction.

There may be circumstances where the financially stronger spouse seeks to issue first in the UAE to secure a more favourable position for themselves. For the financially weaker spouse, early legal advice in England is therefore crucial.

Family lawyers may yet see an increase in English expats seeking to divorce in this jurisdiction despite the tax-related allure of the Gulf. Clear, early advice on jurisdiction before relocation decisions are finalised will be essential to ensuring clients understand how timing and connection can materially affect financial outcomes.

Siobhan Vegh is a Partner at Stowe Family Law

EMPLOYMENT SHOULD BE A SPACE OF OPPORTUNITY, NOT JUDGEMENT

By Reinoldas Sidlauskas

From Spike in the Buffyverse to Phil Connors in Groundhog Day, from Ebeneezer Scrooge to the MCU’s Loki, we love a redemption arc. At least we do in fiction. But what about real life?

Imagine a person released after serving their sentence who is determined to rebuild their life and become a responsible citizen. But when they try to find work (especially in regulated sectors) a second, silent sentence begins.

Conditional forgiveness

In the UK, the Rehabilitation of Offenders Act 1974 (ROA) provides a mechanism for criminal records to become “spent” after a certain period, meaning they don’t need to be disclosed in most cases. But in regulated professions, this protection often dissolves.

Take the Solicitors Regulation Authority (SRA). While technically allowing those with spent convictions to apply, they require a detailed assessment of an applicant’s character and suitability. The result? Individuals must re-prove their worth, no matter how old or irrelevant their past offence may be.

The same applies to the General Medical Council, the Nursing and Midwifery Council, and similar regulators. Declarations of past convictions remain mandatory, even if the individual meets all training and ethical standards. Often, public perception is prioritised over personal reform. Apparently, the concern is not about reoffending, it’s about what the public might think.

In sectors where trust is currency (finance, banking, insurance, etc.), individuals are frequently denied entry based not on legal risk but reputational assumption. This is not a legal judgment. It’s a branding decision by HR departments – a decision that institutionalises suspicion.

Even outside regulated sectors, employment barriers remain harsh. Many businesses involved in logistics, transport, hospitality, retail, construction, warehouse operations, even cleaning services rely on automated vetting systems. Job listings often contain the phrase: no unspent convictions. Applications are filtered automatically. Individuals are disqualified before they even get a chance to explain.

In practice, this leaves many capable, reformed individuals permanently excluded from economic participation. It’s not justice. It’s structural exile.

A legal system that forgets to forgive

We claim to believe in second chances. But our laws and institutions still operate on the assumption that people can never truly change. This is not only morally wrong, but also legally incoherent. If one page of a criminal record can erase a lifetime of effort, then justice is no longer restorative. It becomes reputational apartheid.

Reintegration should be elevated beyond soundbite policy. Let us make it be a right.

Reinoldas Sidlauskas is a criminal defence paralegal and member of the National Association of Licensed Paralegals (NALP).

LEGAL COMMENT OF THE WEEK

TOPIC: The U-Turn by Labour over Day One Employment Rights

COMMENT BY: Adrian Martin, Partner, Employment team, Burges Salmon

“This announcement will be welcomed by employers. Retaining a qualifying period for unfair dismissal, even a much-reduced one, will help maintain employer confidence in recruitment whilst still introducing significantly enhanced employee protection.”

“Introducing a six-month qualifying period is a welcome step that addresses one of the biggest concerns raised by employers in response to the Employment Rights Bill. Whilst it will still be sensible for employers to review their recruitment processes to reduce the risk of poor hires, the six month grace period will allow employers breathing space to take action if a new recruit doesn’t work out without the fear of unfair dismissal claims.”

“With this issue now addressed, the Bill could receive Royal Assent pretty swiftly as we know the government wants to adhere to its original implementation timeframes. With major reforms, including to statutory sick pay, expected to come into force as early as next April, employers will need to urgently get to grips with what is coming down the line to avoid falling foul of the new laws.’’

TOPIC: The latest data from the Office of National Statistics on Domestic abuse and the criminal justice system, England and Wales: November 2025. 

COMMENT BY: Rosie Schumm, Family Partner, Forsters

“Domestic abuse continues to cast a long shadow across England and Wales, with an estimated 3.8 million people aged 16 and over affected in the past year alone. While the latest figures show some progress in how the justice system responds to domestic abuse – CPS charging rates have hit a record 79.9%, and arrests per reported crime have risen – the overall prevalence of domestic abuse remains stubbornly unchanged. Alarmingly, domestic abuse-related offences accounted for more than 15% of all crimes recorded by police in the last year.

“Behind these numbers lie stark challenges. Conviction rates have fallen for the second consecutive year to 74.7%, meaning nearly 14,000 out of 54,987 domestic abuse-related prosecutions did not result in a conviction. Over 6,600 of these collapsed due to complainant-related issues, such as victim retraction or non-attendance at trial. This is not just a statistic – it’s a warning, highlighting the urgent need for better victim support. Securing prosecutions is not enough if the cases collapse before trial. The justice system must do more than improve efficiency; it must strengthen support for victims at every stage, ensuring they have the confidence and resources to see justice through.

“It is important to remember that these statistics represent people affected by domestic abuse. The figures demonstrate both gradual progress in enforcement and persistent gaps in protection.”

TOPIC:   The UK’s Serious Fraud Office’s updated its guidance on “When, how and why”

COMMENT BY: Robert Dalling, partner, Jenner & Block LLP

“Whilst the refreshed guidance does not materially change the SFO’s approach to evaluating corporate compliance programmes, it does represent a notable shift in tone.

“It forms part of the SFO’s preference to work more collaboratively with corporates by offering an important insight into the weight that it places on the implementation of an adequate compliance programme.

“Whether the SFO is assessing a possible adequate procedures defence or the public interest test at the pre-charge stage, or considering whether a DPA with strict and costly monitoring measures is appropriate, or whether a court is assessing culpability at the sentencing stage, the message is clear – an adequate compliance programme will always count in a corporate’s favour.”

TOPIC: Proposed changes to planning regulations which will allow Local Planning Authorities (LPAs) to start preparing new-style local plans and, at the same time, abolishing the current Duty to Co-operate for the existing plan-making system.

COMMENT BY: Fergus Charlton, planning partner, Michelmores

“Even before the Planning and Infrastructure Bill receives Royal Assent, the government has signalled its commitment to the central plank of a plan lead system, namely planning decisions made against up-to-date local plans. Lack of cooperation with neighbouring authorities has caused Inspectors to send many plans back to development, leaving too many out-of-date plans. Government clearly wants to make rapid progress on replacement of this duty with the spatial development planning provisions of the Bill.”

TOPIC: The latest Office for National Statistics migration figures to the UK for the 12 months to June 2025 indicating a 69% reduction year on year and the lowest annual figure since 2021

COMMENT BY: Iram Noordin, senior associate, Immigration team, Freeths

“Net migration to the UK has declined sharply in recent years, with figures estimated to have fallen by approximately 69%, reaching their lowest level since 2021. This reduction is primarily driven by recent policy changes. Visa reforms including restrictions on international students bringing dependants, the closure of overseas recruitment for care workers, higher salary thresholds, and adjustments to skilled worker routes have significantly reduced inflows.

“Further immigration measures are expected to reinforce this trend. Upcoming changes include an increase in the Immigration Skills Charge for sponsors, stricter English language requirements for visa applicants, and proposed revisions to the criteria for obtaining Indefinite Leave to Remain. Collectively, these developments are likely to make the UK a less attractive destination for many. The implications for businesses are considerable. Organisations may face growing challenges in securing the international talent essential to meeting workforce demands, potentially impacting competitiveness and growth.”

THE BUDGET

TOPIC: Its impact on small and medium sized businesses

COMMENT BY: Amy Leivers, Deputy Managing Director and Head of Commercial Property, WSP Solicitors,

“This week’s budget unfortunately puts more pressure on SMEs and family businesses. The freezing of thresholds on Employer National Insurance Contributions, and changes to corporation tax allowances will leave businesses of all shapes and sizes facing higher bills. This comes on top of yesterday’s announcement to increase minimum and national living wages. Although mandatory wage increases are well intended, they come on the back of tough decisions made last year and will squeeze margins further. 

“Family businesses are concerned about their future stability – many have been walking a tightrope for a number of years against the backdrop of a stagnating economy and cost-of-living crisis. These businesses are now having to make tough decisions around restructuring, staffing, investment and innovation. 

“As a result, our own research on 2,000 family firms shows family businesses are already pausing and cancelling plans to expand, others are suggesting earlier exits, and some, including 28 per cent of the business owners, Managing Directors and Chief Executives are looking to leave the UK all together – taking with them the backbone of country’s entrepreneurialism and innovation. 

“There are reports of an estimated 142,000 millionaires expected to leave the country in 2025, our research found 32% are considering moving their business overseas.” 

TOPIC: R&D Investment

COMMENT BY: Bonnie Jackson, a Corporate and Commercial solicitor, Gardner Leader

“We are pleased to see an assurance scheme for R&D claims. R&D is such a key relief for businesses, lowering innovation costs and allowing businesses to demonstrable future potential, particularly in the tech and life science sectors. This in turn boosts future profitability and results in higher valuation and more deals. Recently, we have seen buyers become more cautious – R&D relief supports cash-flow, which along with working capital, has become a key concern for nervous buyers. 

“The new assurance scheme, which will vet claims before they are submitted to HMRC, should go some way to reducing the risk to future sellers of innovation heavy businesses. Scrutiny of R&D claims is already a material focus for buyer due diligence and this assurance should provide peace of mind that claims are robust. All too often we see mishandled claims result in price chips, indemnities or withheld completion payments, shifting the risk back to sellers and ultimately undermining value.

 “Sellers should also be aware that while W&I insurance is becoming increasingly popular to reduce the risk of a claw-back of sale proceeds, it rarely covers sellers for flawed R&D claims. This risk is often borne by the sellers themselves in the form of a specific indemnity.“

TOPIC: No ‘General Exit’ charge

COMMENT BY: David Glass, corporate and commercial partner. Excello Law

“As well as the smorgasbord of new taxes, it is interesting to analyse what has not been introduced. There’s seemingly no general exit charge on people leaving the country, which hopefully will encourage overseas entrepreneurs to come in the first place. Many will also welcome the decision not to modify national insurance for members of LLPs.

“The aim of the Budget will be to encourage the less fortunate in society without disincentivising others. The mission of the UK as a ‘growth’ economy will likewise hopefully not be compromised.”

TOPIC: The reduction of the Cash ISA Allowance

COMMENT BY: Lucy Humphreys,Wills, Probate and Estate Planning team, Gardner Leader

“The reduction of the cash ISA allowance to £12,000 for under 65’s highlights the need for younger generations to seek professional advice for lifetime planning to achieve a joined-up approach to best preserve their hard-earned wealth. 

“Whilst the over 65’s are unaffected by the cash ISA allowance announcement, the hike in university fees announced pre-Budget only highlights the need for those wanting to provide for children or grandchildren to place more focus on their estate planning.” 

TOPIC: Stimulating Growth?

COMMENT BY: Michael Shapiro, Commercial Property partner, Spencer West LLP

“It’s evident this is a “political” budget without producing anything to stimulate the mantra of “growth, growth, growth.”

Despite lowering business rates for many retail and hospitality businesses through higher rates on warehouses used by online retail companies, the fact remains that the local high street has many empty retail and hospitality premises.

Speaking with many commercial landlords and tenants which make up my client base, the main driver is the level of business rates, and the way that the business rating system works.

While an overhaul is scheduled for April 2026, this is something that needs to be addressed with urgency. Hospitality and retail businesses continue to struggle through the current system, which is further compounded by the rise in NI in the last Budget and the incoming rise to the minimum wage in January.

The domino effect of this on retail and hospitality workers, builders, and tradespeople cannot be underestimated, and the impact is clear to see by walking along any high street.”

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LEGAL SECTOR APPOINTMENT OF THE WEEK

GIBSON DUNN

Robbie Sinclair will join the London office of Gibson Dunn as a partner in the Labor and Employment Practice Group. Formerly with A&O Shearman his arrival provides the opportunity for the firm to develop a platform in the UK for employment litigation matters and meets the key strategic needs of clients in their boardrooms.

“Client demand for business protection, complex investigations, whistleblowing, and employment litigation continues to rise in the U.K., U.S., and other key markets,” explained Osma Hudda, Co-Chair of the London Disputes Group and Co-Partner in Charge of the London office. “Building on the strong performance of our transactional practices in London, we are executing a focused expansion of our litigation and investigations bench. Robbie’s practice sits exactly at that intersection and squarely meets client demand.”

Commented Sinclair, “Gibson Dunn’s internationally renowned Labor and Employment platform together with its integrated global disputes and investigations capability is the right place to take my practice forward,” said Robbie. “Clients want consistent advice across jurisdictions and a team that can move quickly from advisory to enforcement. I’m excited to build that with colleagues in London, the U.S., and internationally.”

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