Edward Fennell’s LEGAL DIARY

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

2 January 2026

Editorial contact: fennell.edward@yahoo.com

“This is our moment,” pronounced Steve D’Amore, the Chair of Winston & Strawn as he sat down with Steve Cleghorn of Taylor Wessing to chew the cud over the firms’ forthcoming merger later this year. The tone of the exchange was, understandably, upbeat. Like all the best mergers this was going to be a marriage made in heaven.

For those of us with long memories of the London legal scene the mind went back to the days when Taylor Joynson Garrett – the predecessor of Taylor Wessing – was operating out of somewhat cramped accommodation on the Victoria Embankment. To think it had come from there to this! The nuptials with the US firm are likely to be the high point of 2026.

Yet there are many kinds of success. When Hill Dickinson exploded with the naming rights to Everton’s flash new football stadium back in the Summer that also seemed like some kind of apogee of success – albeit of a different kind (see story below). Hill Dickinson has roots that goes back two centuries and, in a rich history, can highlight acting for the White Star Line and Cunard Line during the Titanic and Lusitania disasters. It may not be big office-wise in the USA bit it has a strong presence in leading maritime centres from Cyprus to Singapore.

So as we enter the New Year the terms of trade within the legal industry continue to change. Success, it seems, can come in any flavour you prefer.

Happy New Year!

The LegalDiarist

In this edition

Hill Dickinson – Strength to Strength

D-I-V-O-R-C-E? Not quite yet

A Question of Death?

Doubling Down on Dubai

Law Firms and Third-Party Contractual Arrangements: Managing Risk by Kelvin Balmont and Amy Peacey

Deathbed marriages and cost of borrowing

Hill Dickinson – Strength to Strength (On goal difference)

With its name burning brightly at least fortnightly across the nation’s TV screens during Match of the Day Hill Dickinson has pulled off something of a PR coup through its naming rights deal with Everton FC. But it’s far from a publicity stunt – to the year ending 30 April 2025 the firm had increased its revenues by18%.

“Our rapid growth is a direct reflection of the strength and quality of our people and their commitment to achieving the right outcomes for our clients,” said Craig Scott, the firm’s Chief Eexecutive Officer.At the same time, we’ve recognised a gap between the deep personal relationships we build and how we present ourselves to the world. With our investment in Hill Dickinson Stadium boosting our global visibility, our new brand gives us the opportunity to reset how we show up in the market, standing out as a team of progressive, collaborative and approachable lawyers fully invested in our client relationships, our communities and each other.”

So the important thing is to score the goals before the celebrations. “Having a distinctive new brand helps us to reposition Hill Dickinson for the future, helping us to continue to drive growth, attract colleagues that share our values and ultimately foster long-term success,” said Lisa Robinson-Behnejad, Hill Dickinson’s director of business development. “A brand is so much more than a new logo. It’s the heartbeat of our organisation – representing our culture and connecting us with those we work with on a much deeper level.”

Mind you, tying oneself to a football team is always a leap of faith. What happens if Everton is relegated?

D-I-V-O-R-C-E? Not quite yet

It has become a bit of a cliché that for family law firms the first serious working day after the New Year hols is flooded out by people seeking a divorce from their spouses. That row over the who got the last Quality Street was just the final straw.

But according to HCR Law this is all a bit of a myth (rather like the Three Wise men being called Melchior, Balthasar and Casper).Having counted up all the data it seems that across the firm’s eleven offices there seems to be no evidence to support the idea of a single day when divorce enquiries peak’.

Our data reinforces the view that divorce day is a myth,” comments Christopher Finch, a partner in the firm’s family team.While January can feel busy because December is traditionally quieter, there is no sudden surge on one particular day that justifies the label ‘divorce day’.”

The persistence of the myth is often linked to the pressures of the festive period. Christmas and New Year can heighten existing tensions in already fragile relationships, and law firms may notice an increase in enquiries once offices reopen. However, this is more likely to reflect pent-up demand rather than impulsive decisions made over the holiday period.”

Meanwhile the Office for National Statistics reports that divorce rates are falling, with divorces in England and Wales down by almost 30% in 2022 compared to the previous year – the lowest level since 1971. That said a falling marriage rate might well be a factor here.

A Question of Death

Looking ahead to what fills your Diary over the next couple of months?

One date you might like to make is Thursday, 5 Feb 2026 at 6.00 pm when Gresham College’s excellent (and FREE) series of New Year lectures will feature His Honour Sir Peter Thornton KC, founder member and head of Doughty Street Chambers (as well as a Senior Circuit Judge at the Old Bailey and judge in the High Court and Court of Appeal), talking about the tricky subject of ‘Death Investigation: What Do Coroners Do?’

As you will probably know every death must be registered locally with a cause of death. However, more than any other country, all deaths in England and Wales are now double-checked, with coroners having a significant role in over 30% of them in order to ‘explain the unexplained’ and report the results in order to prevent future deaths.

Sir Peter will discuss:

  • Who are coroners and what they do  
  • When an inquest must take place  
  • How coroners arrive at a just conclusion and 
  • The benefit to the health and welfare of the nation in death investigation

Sir Peter was the first Chief Coroner of England and Wales and his latest book is The Later Years: The simple guide to organising the rest of your life (Bedford Square Publishers, 2025). He also conducts workshops on Life and lifestyle in the later years.  

Any budding coroners out there  might find his talk life-changing.

For more go to: https://www.gresham.ac.uk/speakers/sir-peter-thornton-kcAlso see https://www.gresham.ac.uk/watch-now/later-years

Doubling Down on Dubai

Dubai continues to be the magnet for all kinds of people keen to exploit new opportunities – or just have fun. But there are legal risks of being there and, as we have occasionally reported, the specialist firm Detained in Dubai operates there to help human rights victims. As its founder Radha Sterling points out,

“As we welcome the New Year, we reflect on a year that ended with something truly precious for so many people: being home for Christmas. This includes the many clients whose cases have been public like Albert Douglas, Mia O’Brien and just as importantly, those whose names will never appear in headlines – families reunited, parents back with their children, partners no longer separated by borders, detention, or fear. These moments, often quiet and unseen, are the real measure of success.”

As Sterling goes on to say, other innocent parties such as Roger Ver are now secure and able to focus on their future rather than survival. “Whether through release, safe relocation, the lifting of travel bans, or the prevention of abusive international actions, each outcome represents a life stabilised and a crisis averted. We remain committed to standing with those still fighting, protecting those at risk, and ensuring that no one is left alone when justice fails them.”

A strong message for the New Year.

Law Firms and Third-Party Contractual Arrangements: Managing Risk

by Kelvin Balmont and Amy Peacey

Amy Peacey

In today’s complex legal and regulatory environment, law firms are increasingly reliant on third-party providers to deliver services ranging from IT support and document management to expert consultancy and outsourced legal functions. These relationships, while essential for operational efficiency, introduce a host of contractual risks that must be carefully managed to protect client interests, regulatory compliance, and firm reputation.

Third-party arrangements are no longer peripheral they are central to how law firms operate. Whether engaging with cloud service providers, legal tech platforms, or external consultants, firms must ensure that contracts are robust, transparent, and aligned with their strategic and ethical obligations. Effective contracts provide clarity on roles, responsibilities, and liabilities, and serve as a critical tool for mitigating operational and reputational risk.

One of the most pressing challenges is data protection. Law firms handle highly sensitive client information, and any breach whether through a third-party’s negligence or system failure can have severe consequences.

Kevin Balmont

Contracts must therefore include stringent data privacy clauses, aligned with UK GDPR and the Data Protection Act 2018, covering data handling, breach notification, and audit rights.

To navigate these challenges, law firms should adopt a proactive and strategic approach to third-party contracting:

  1. Conduct thorough due diligence on all third-party providers, assessing financial stability, regulatory compliance, and cybersecurity posture.
  2. Define clear service levels and key performance indicators “KPIs”, with mechanisms for monitoring performance and resolving disputes.
  3. Include indemnity and liability clauses that protect the firm in case of breach or negligence by the third party.
  4. Ensure flexibility for contract variation, especially in response to regulatory changes or evolving client needs.
  5. Regularly review and update contracts, particularly in light of evolving data protection standards.

Third-party contractual arrangements are indispensable to modern law firm operations, but they must be managed with precision and foresight. By embedding strong contractual protections and aligning with regulatory obligations, law firms can safeguard their interests while delivering consistent, high-quality service to clients.

Kelvin Balmont is Head ofthe corporate team at Clarke Willmott’s Southampton office and Amy Peacey is a partner in the commercial team

TOPIC: The rising popularity of ‘deathbed marriages’ to avoid death duties

COMMENT BY: Caroline Alexander, Partner in the Private Client Advisory Team, Birketts LLP

“While this highlights the importance of the interaction between inheritance and marriage/civil partnerships, there are some instances where a deathbed marriage may not save the financial day and could lead to contention. 

“If someone dies married but intestate (that is without a will) with children, either of the marriage or from a previous relationship and if their estate is over a certain value, there is the potential for the deceased’s children to inherit a share of the estate rather than it all passing to the surviving spouse. The share passing to children may be subject to inheritance tax depending on the value. 

“It should also be remembered that marriage revokes a will (unless the will is made in contemplation of marriage) and therefore deathbed marriages may have significant unintended consequences for the deceased’s estate, especially in the instance of blended families which are also increasingly more common.”

TOPIC: Cost of borrowing in the domestic housing market

COMMENT BY: Daniel Chard, Bird & Co

 “Current forecasts suggest that interest rates may edge down further during 2026, though not return to the very low levels seen in previous decades.

If inflation continues to move closer to target and the wider economy remains stable, buyers may benefit from a broader range of competitively priced mortgage products.”