Edward Fennell’s LEGAL DIARY

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

16 January 2026

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: PLODDING ON WITH AI?

Were it not so serious the world would be in stitches at the farcical gullibility of West Midlands police in naively believing everything they read online via AI regarding the supporters of Maccabi Tel Aviv. It matches well the action of the police back in 1963 concerning a reported car theft (see below) in Blackpool.

But in the years ahead the challenge presented by AI and its trustworthiness could be crucial given its ever-increasing take-up.

A report out this week from MD Communications found that while AI is revolutionising legal tech there are concerns around governance and costs with just 5 per cent of respondents (including presumably West Midlands police) trusting current AI quality controls. Meanwhile  72 per cent were concerned about AI investment costs  and, even more alarmingly in some ways, 59 per cent saying technology has reduced the need for trainees or junior lawyers.

AI is a jolly good tool but cannot be allowed to become the master. As James Arrowsmith, a Partner in the government team at Browne Jacobson observed, “We know AI has the potential to drive time and cost efficiencies in public bodies that are severely stretched, but they must install proper AI governance in order to ensure transparency, scrutiny and human decision-making figure prominently during its use.” Well said.

The LegalDiarist 

From The Guardian  Friday 7th June 1963: A CASE FOR MR PLOD

Blackpool police sent a patrol-car, a scooter, four detectives and five constables when Paul Winter made a 999 call and said: “My car has been stolen. Send policemen.”
When the detectives went into the house in St Heliers Road they found that Paul was only 7 and the “thief” was only 6. The car was a toy one.

In this edition

+ LEGAL DIARY OF THE WEEK

BRIMELOW LAYS DOWN THE LAW

WORLD ECONOMIC FORUM GIVES WARNING ABOUT FRAUD

FOOTBALL ASSOCIATION OF WALES SCORES WITH NEW LAWYER

‘GEOPOLITICS MEETS REGULATION’ IN ZURICH

+ CONTRIBUTED ARTICLE OF THE WEEK

PRO BONO EXTENDS ITS REACH by Rhian Lewis

+ LEGAL COMMENT OF THE WEEK

on Ofcom investigates X, the departure of Nick Ephgrave from the SFO, disputes over family businesses, the claim against Dyson, Government U-turn on digital IDs and Providence v. Hexagon .

+ APPOINTMENTS OF THE WEEK

at OSBORNE CLARKE and LONDON FOIL

LEGAL DIARY OF THE WEEK

BRIMELOW LAYS DOWN THE LAW

In a powerful inaugural address in her capacity  as the new Chair of the Bar Council, Kirsty Brimelow KC, has highlighted her priorities and principal concerns.

Boiled down to the essential these can be summed up as

– protecting jury trials

– increasing legal aid investment across jurisdictions

– justice and children.

In a sharp defence of the traditional jury trial she argued that “There is much to do to recover our criminal justice system. The latest government proposals restricting jury trials will not reduce the backlog of cases, built up over years of financial slash and burn of the criminal justice system, but may further erode trust which hangs by the thread of citizen participation in the criminal courts.”   

In practical terms removing the right to judgment by jury would. she said. “have no impact on the existing backlog as it would take effect towards the end of this Parliament. Impact even then is highly uncertain.”

Instead efforts should be focused on the immediate urgent reforms now that would decrease the backlog. These include intense case management: successful reduction of the backlog can be seen in courts where there has been pro-active triaging of cases led by CPS and police and opening the courts that continue to sit empty by removing the cap on sitting days. If we can implement these reforms in the courts, and have every court room sitting, we can reduce the backlog.”

Squeezed budgets were also high on her agenda. Regarding criminal legal aid she said, “Properly resourcing the publicly funded Bar remains at the heart of the legally aided work that we do. Legal aid should be placed alongside the NHS and education. It is essential to ensure equality before the law…”

NOTE: Kirsty Brimelow KC practises in criminal, international and public law from Doughty Street Chambers. She is a former Chair of the Criminal Bar Association (2022/3) and was the first female Chair of the Bar Human Rights Committee (2012-18). She succeeds Barbara Mills KC as Chair of the Bar Council.

WORLD ECONOMIC FORUM GIVES WARNING ABOUT FRAUD

It’s dangerous out there! Not so long ago it was ransomware which was the biggest threat to chief executives but time moves on quickly and it is now cyber-enabled fraud which gives top bosses those sleepless nights.

According to the World Economic Forum’s latest edition of the Global Cybersecurity Outlook–published ahead of the Forum’s 56th Annual Meeting, taking place 19-23 January 2026 in Davos-Klosters, Switzerland – 87% of respondents experienced rising AI-related vulnerabilities last year and 94% of leaders expect AI to be the biggest force shaping cybersecurity in 2026. Meanwhile Geopolitical volatility is weakening confidence in national cyber preparedness, with 31% reporting low confidence in their nations’ ability to respond to critical infrastructure attacks.

“As cyber risks become more interconnected and consequential, cyber-enabled fraud has emerged as one of the most disruptive forces in the digital economy, undermining trust, distorting markets and directly affecting people’s lives,” said Jeremy Jurgens, Managing Director, World Economic Forum. “The challenge for leaders is no longer just understanding the threat but acting collectively to stay ahead of it. Building meaningful cyber resilience will require coordinated action across governments, businesses and technology providers to protect trust and stability in an increasingly AI-driven world.”

According to Paolo Dal Cin, global lead, Accenture Cybersecurity which was involved in writing the report.“The weaponization of AI, persistent geopolitical friction and systemic supply chain risks are upending traditional cyber defences. For C-suite leaders, the imperative is clear; they must pivot from traditional cyber protection to cyber defence powered by advanced and agentic AI to be resilient against AI-driven threat actors.”

FOOTBALL ASSOCIATION OF WALES BRINGS IN NEW STRIKER

Congratulations to Lewis Glasson, Head of the Sports Sector at Thackray Williams (above), who has been appointed Vice Chair of the Men’s Tier 3 Club licensing at the Football Association of Wales (FAW). He will serve a three year term.

As a self-admitted sports nut Glasson has built a network of sports clients across football, rugby, basketball and boxing and prides himself on a strong understanding of the legal needs of clubs, organisations and individual athletes. But as a qualified lawyer he is good at dealing with the grey areas of law and regulation and acknowledge that he had spotted a ‘gap in the market’ for full-service lawyers who can manage a range of issues, from contract negotiations to regulatory compliance – “And everything in between.”

“My aim in setting up the Sports Sector at Thackray Williams has been to level the legal sports playing field by making specialist expertise affordable for athletes and clubs at all levels, not merely the preserve of elites,” he says. “My new role with FAW aligns with this goal, proactively working with the FAW and its member clubs to ensure appropriate infrastructure, opportunities and cultures are available for both athletes and fans at all levels of the pyramid.”

Meanwhile it’s been a good period for Welsh football. Having qualified for the 2022 World Cup in Qatar they will now feature in March in the Qualifiers for the USA, Canada and Mexico in the Summer. With any luck Glasson and his pals in the FAW will have cause for some more celebrating soon.

‘GEOPOLITICS MEETS REGULATION’ IN ZURICH

Having been familiar with the old-style Herbert Smith for many years – especially when It was run by David Gold, later Lord Gold – the new monica of Herbert Smith Freehills Kramer is still taking some getting-used to in the Legal Diary’s office. However no doubt this will change after ‘An Evening with Herbert Smith Freehills Kramer – Closing the Deal in 2026: Geopolitics Meets Regulation’ being held in a smart hotel in Zurich in the first week of February.

Hosted by the Zurich chapter of the British Swiss Chamber of Commerce there will be a powerful panel discussion about how dealmakers can step neatly through what is a complex landscape. “Our panellists will explore from both a transactional and risk-management perspective how challenging geopolitical and market disruptors should be tackled when considering an M&A transaction,” explains the Chamber. “Don’t miss this conversation if you are a business professional involved in any aspect of M&A deals. Participants will leave with a better understanding of how to manage emerging risks, safeguard deal value, and make confident decisions in a volatile environment.”

Soubds goo – and as well as heavyweight partners from HSFK the panel will also feature Christoph Bellin, the Head of BESS, Alpiq AG and Patrick Aisher, Chairman, Kinled Holding. So you will get the full Swiss Roll.

CONTRIBUTED ARTICLE OF THE WEEK

PRO BONO EXTENDS ITS REACH by Rhian Lewis

A new kind of law firm is doing pro bono. For those unfamiliar with the term, it means ‘for the public good’. Pro bono lawyers help charities, social enterprises and individuals to access legal advice, and justice, where it would not otherwise be available to them. As a pro bono solicitor, I am employed by Farrer & Co to facilitate other lawyers in my firm to do pro bono work, and I supervise cases too, which are all free for the client. Pro bono work should seek to strengthen the rule of law, widen access to justice for all and/or promote strong corporate governance.

Historically, pro bono work was carried out by law firms with large corporate and financial practices, which could afford to employ a solicitor (or team) to work for free. These firms were often transatlantic, heavily influenced by the US culture of pro bono. For example, the New York Bar mandates 50 hours of pro bono by new applicants. Now, in part thanks to the responsible business movement, more law firms of different sizes, and with a greater range of practice areas and jurisdictions, are starting to do pro bono too.

The increased breadth of law firms with dedicated pro bono teams is opening opportunities for different types of work that can reach more clients. Our Private Client team has set up a project providing end of life advice to young adults living with terminal cancer, including guardianship advice, Will drafting and Advance Decisions to refuse life sustaining treatment. Our Family and Safeguarding groups drafted and filed a submission on behalf of a children’s human trafficking charity, to comment on draft General Comment 27 of the United Nations Committee on the Rights of the Child. Our art law specialists have also advised on title for a disputed museum artefact. These varied legal specialisms can have real value for pro bono clients, while involving solicitors who have not traditionally been able to assist in pro bono projects. This reminds us of the varied benefits of pro bono, which include professional development and increased job satisfaction for volunteers.

The global roll-back of human rights means that it is all the more important for law firms to be clear about what pro bono should achieve. It should protect and strengthen the rule of law. Pro Bono should safeguard fundamental human rights and promote robust corporate governance. A new type of pro bono law firm should keep those goals clear and front of mind.

Rhian Lewis is Head of Pro Bono and Counsel at Farrer & Co, specialising in international human rights law.

LEGAL COMMENT OF THE WEEK

TOPIC: Ofcom’s launch of an investigation into social media platform X over the creation of deepfake sexual images using its AI tool 

COMMENT BY: Jamie Hurworth, Dispute Resolution senior associate and Online Safety Act expert, Payne Hicks Beach

“Ofcom’s announcement of an investigation into X is a welcome step.  It is a real opportunity for Ofcom to show that it has teeth under the Online Safety regime and that social media platforms cannot hide when serious harms are alleged. 

“Attempts to dress up Grok’s publication of non-consensual sexual images as ‘freedom of speech’ are deeply misplaced.  Free speech is not absolute and should not be used to defend sexual exploitation.The spotlight is now on Ofcom to demonstrate action in real terms.”

TOPIC: The departure of Nick Ephgrave as Director of the Serious Fraud Office and the possible implications for his plan to offer incentives to whistleblowers

COMMENT BY: Chloe-Jane Belton, Legal Director at Howard Kennedy

 “Ephgrave championed financial incentives for whistleblowers, inspired by U.S. models, warning of a ‘brain drain’ as informants turn to overseas authorities offering rewards. This was a cornerstone of the SFO’s 2025–26 agenda. With his departure, the question is whether successors will advance or shelve this initiative.”

“Under Ephgrave, the SFO accelerated investigations (e.g., rapid action on the Axiom Ince collapse), introduced AI-assisted disclosure tools, and created a crypto-asset unit, implementing significant cultural and operational changes aimed at streamlining casework and disclosure reform. The challenge now: will new leadership cement these reforms or dilute them? Will priorities shift on whistleblower incentives, digital transformation, and global partnerships? His mid-term exit forces scrutiny of whether recent gains – fast-track cases, AI deployment, and the crypto team – are sustainable or leadership-dependent.”

TOPIC: The High Court family dispute over the future of the Hampshire market farm shop which featured in Teletubbies  

COMMENT BY:  Kimberly Sayward, Legal Director , Private Client advisory team,  Birketts LLP

“Family‑owned businesses play a vital role in the UK economy and are often a source of immense pride and legacy. However, with generational involvement can come complex legal and emotional challenges, particularly when relationships strain or succession plans are unclear. Disputes of this kind frequently arise from long‑held expectations within the family and differing views on how the business should be managed after the death of a founder or key figure.

It is always advisable for families to address ownership structures, succession planning and decision‑making arrangements well in advance. This includes reviewing the family’s income needs, ensuring wills are up to date, and confirming that any partnership or shareholder agreements remain fit for purpose and accurately reflect the family’s intentions. A family charter can also be an invaluable tool, setting out long‑term goals and providing clarity for all stakeholders, helping to manage expectations and support the continued success of the business across generations.’

TOPIC: The High Court ruling that forced labour and exploitation claims against  Dyson will proceed to trial

COMMENT BY: Lucy Blake, Partner, Jenner & Block

“Companies are increasingly under pressure to take responsibility for human rights and environmental harms, not just for their own operations but also by connected third parties.

“This decision demonstrates that global companies can be on the hook for the exploitation and mistreatment of workers in their supply chains, even where the misconduct takes place in factories run by third parties on the other side of the world.

“It is not enough for companies to have paper-based supply chain policies, they need to take active steps to prevent wrongdoing to avoid significant litigation, commercial and reputational risks.”

TOPIC: The UK Government’s latest u-turn on plans to make Digital IDs mandatory

COMMENT BY: Anita Hodea, Privacy, Data and Cybersecurity, Katten Muchin Rosenman UK LLP

“Having recently announced its plans for a digital ID scheme that would make it mandatory for proving the right to work in the UK, the government has rolled back on the ‘mandatory’ aspect of the scheme. We can still, however, expect a scheme to be introduced with the intention of streamlining ‘Right to Work’ checks, tackle illegal employment and make public services more accessible. The scheme would record a person’s name, date of birth, information on nationality or residency status and a photo, as the basis for biometric security, similar to an eVisa, and would be available to those who wish to voluntarily opt-in. Private sector employers and public services, like the NHS, would still be able to accept other forms of ID, such as passports and driving licences to verify someone’s identity.

Ministers had emphasised that the scheme was designed to curb identity theft and safeguard privacy through minimal data sharing, encryption and authentication, but the proposal raised significant data protection and governance concerns. In particular, reservations around the creation of a centralised repository of biometric data, which could increase the risk of data breaches and cyberattacks, especially given the high-profile cyber incidents that occurred in the UK last year. There was also wide concern over potential “function creep” if the use of the digital ID scheme extended beyond its intended scope, as well as questions around the scheme’s software implementation and suitability of vendors.

Ultimately, the success of any iteration of the digital ID scheme will depend on incorporating privacy by design, strong legal and operational safeguards and independent governance oversight from the outset.”

TOPIC: The Supreme Court’s judgment in Providence v Hexagon which clarified the important issue of the interpretation of JCT (Joint Contracts Tribunal) Design and Build Contracts

COMMENT BY: Mark London , Head of the Construction, Engineering and Procurement team, Devonshires who successfully represented Hexagon

“Having been somewhat surprised by the decision of the Court of Appeal I am now delighted that the Supreme Court have clarified the correct way to interpret the clause in question. In doing so it has brought certainty back to an industry where the use of JCT standard form is common.

“While the judgment is important to the construction industry give the prevalence with which the JCT forms are used, this judgment will impact a significant number of parties and projects across the country. In an industry where ‘cash is King’, and project costs creep ever upward, the reversal of the Court of Appeal’s decision has clarified a powerful protection for employers.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

OSBORNE CLARKE

Sunjay Malhotra has been appointed by Osborne Clarke as a Corporate Partner in its London office. Malhotra was previously with Pinsent Masons, where he spent six years advising UK and international companies, investors, and investment banks. HIs appointment reflects the sustained demand from life sciences and technology clients for advice on venture capital transactions, public M&A, IPOs (on both the Main Market and AIM) and secondary fundraisings, as companies seek to access capital, scale internationally and operate with confidence across public and private markets.

Having advised extensively on the establishment of university-affiliated investment vehicles agreements with academic institutions, and private capital fundraising from institutional investors Malhotra also has experience in guiding the investment of these funds into IP-rich spin-out companies.

“The next phase of growth in the UK’s life sciences and technology sectors will be driven by businesses that can access capital efficiently, scale quickly and navigate increasingly complex public and private markets,” said Alistair Francis, Partner and Head of the UK Corporate team at Osborne Clarke. “Sunjay’s impressive track record advising companies at these critical moments strengthens our ability to support clients throughout their growth journey and reinforces our commitment to building a market-leading corporate practice.”

LONDON FOIL

The London Market FOIL (a division of the Forum of Insurance Lawyers) has appointed Ling Ong, a Partner at Weightmans, as its President in succession to Fleur Rochester, a Partner at Kennedys.

London Market FOIL focuses specifically on the needs of the global insurance and reinsurance markets based in London and has recently gone through a rebrand to reflect the distinct nature of the London Market and its specific legal, regulatory, and operational challenges.

Ling has over 30 years’ experience advising (re)insurers in the London Market, and is regarded as well qualified to support the industry as it navigates issues such as cyber threats, evolving international trade dynamics, digitisation, claims inflation, ESG considerations, and the ongoing need to attract and retain specialist talent in an increasingly competitive global market.

“I am delighted to be appointed President of London Market FOIL at a time when the London Market is more international than ever,” said Ling.“Today, global capability is essential – insurers and reinsurers measure credibility by international reach, trusted networks, and the strength of long-standing relationships. My focus will be on supporting members as they navigate emerging pressures, while further strengthening the global connections that are central to the London Market.”

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