Edward Fennell’s LEGAL DIARY

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

23 January 2026

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: Courting History

JPMorgan Chase has been added to the long list of people and organisations whom President Trump is currently suing. In this case it is because Trump accuses the bank of debanking him back at the start of the decade. Some suspect , however, it is because the bank is not contributing to Trump’s White House ballroom baloney.

Anyway, amidst all the usual Trump tantrums the bank has remained cool.  “While we regret President Trump has sued us, we believe the suit has no merit,” said a spokesperson for JP Morgan, adding, “We respect the President’s right to sue us and our right to defend ourselves — that’s what courts are for.”

Whether the US courts can save America from its current fever may well prove to be a matter of historic moment.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

To Be or Not To Be A ..Tax Adviser

Testing Relations as Aussies match with Poms

Travers Smith Backing Fintech Winners?

Laying Bare the Bar

+ CONTRIBUTED ARTICLE OF THE WEEK

The Case for Human Centred Lawyering by Alia Ali

Rising demand for U.S. market access poses legal challenges for UK firms by Rosemarie Connell

+ LEGAL COMMENT OF THE WEEK

restricting access to social media, the Beckham bust-up, California’s Billionaire tax and the latest trans rights row

+ APPOINTMENTS OF THE WEEK

at Winckworth Sherwood and Browne Jacobson

LEGAL DIARY OF THE WEEK

To Be or Not To Be A ..Tax Adviser

‘

A spat has broken out between Dame Janet Paraskeva, Chair of the Council of Licenses Conveyancers, and James Murray MP, Chief Secretary to the Treasury over the existential question of whether a conveyancer is a tax adviser.

It would really require the wit and wisdom of a Tom Stoppard or a Lewis Carol to do justice to the row but it has arisen because the Government is intent on conveyancers being required to register as tax advisers individually with HMRC.

Paraskeva’s argument is simple – as she points out, “CLC-regulated conveyancers are not permitted to give tax advice to their clients.”

In other words, how or why should you be registered for an activity which you are not permitted to undertake? This by itself would seem to be a slam-dunk argument. Moreover, registration as Tax Advisers with HMRC would have the perverse effect of creating the impression that CLC conveyancers may provide tax advice. “This actually increases the risk of wrongdoing, by giving bad actors an opportunity to present themselves as tax advisers in a way that they cannot at present,” she says.

Paraskeva then adds a description of all the extra bureaucracy that the registration process would entail. “No case has been made out to justify the increased burden through a reduction in tax evasion or poor client service,” she says.

Given the urgent need to slim down unnecessary bureaucracy in the UK and to focus on the activities which actually support growth this move by the Treasury does seem to be a prime example of ‘the blob’ still being on the loose. How James Murray responds will tell us a lot about this administration.

Testing Relations as Aussies match with Poms

The Aussies can sneer justifiably at England’s cricketers – maybe they should stick to croquet instead – but they still seem to respect this country’s lawyers. In fact, news that Unified Lawyers, a specialist family law practice with offices in Sydney, Melbourne and Queensland has accepted an investment from Stowe Family Lawyers suggests that family ties between Oz and the UK are back in fashion.

Stowe always has been ambitious and has gained considerable strength and reach in recent years. Impressively it now has more than 90 offices across the UK, with nearly 400 lawyers and professionals supporting over 5,000 clients a year. But now it is heading over to the other side of the world in its quest to become, as it puts it, ‘the first choice for family law by offering compassionate, high-quality services in the UK and beyond.’  

“Our purpose has always been to help people navigate family change with confidence and compassion,” comments Ken Fowlie, Executive Chairman at Stowe Family Law.“Expanding into Australia allows us to do that for even more families, while building on our reputation for combining empathy, expertise, and innovation.” 

Stowe is backed financially by Investcorp, an ‘alternative investment’ firm, so has the kind of financial muscle not available to most family lawyers. It is particularly strong in its technology and that is a powerful attraction to the folk at Unified. “We’re aligned in our values, innovative use of technology and approach to client care,” said Mark Machaalani, CEO of Unified Lawyers. “With a team of over 60 lawyers and professionals across key metropolitan hubs, we’re proud to bring deep local expertise to this international partnership.” 

As part of the strategy, Stowe aims to serve more than 10,000 clients by 2029 – double what they do today. Clearly they are aiming not to be run out.

Travers Smith Backing Fintech Winners?

Fintech Amplifier – that’s a name to play with. It reflects the pace of innovation and entrepreneurialism in the fintech market and it is the name of Travers Smith’s new scheme to help fintech start-ups get off the ground faster and more effectively.

According to the firm the favoured businesses who have the chance to take part will get the benefit of ‘top-tier access to legal expertise, industry insight and valuable networking opportunities’.

BEYLA, Level, Moxim, NOBO and Shoal are the companies welcomed on board the inaugural outing for Fintech Amplifier and Natalie Lewis, Head of the firm’s cross-disciplinary Fintech, Market Infrastructure & Payments practice, is warm in her compliments about them

“We are thrilled to welcome these outstanding companies as the first cohort of our new Fintech Amplifier,” she says. “ As a firm committed to innovation, we are delighted to have the chance to support each of them to deliver their cutting-edge products to the market, as well as helping them with their other business-critical legal needs. The entire team is eager to see what they will achieve!” 

The variety amongst the businesses is strikingly wide ranging from a digital mortgage bank (aiming to stand out by streamlining the mortgage application process using open banking) through to financial technology which provide ethical and sustainability-focused savings products.

What they can now look forward to includes:

• Comprehensive legal advice and support from Travers Smith’s lawyers.
• Structured training sessions on critical legal issues tailored to fintech founders.
• Exclusive roundtable discussions with peers, investors, and key industry stakeholders.

It will be fascinating to see where they go from here.

Laying Bare the Bar

If there is anyone the wider public would expect to conduct themselves with a degree of decorum and decency it would be members of the Bar. Yes, it’s a bulll-ring out there but surely the rules are observed in an atmosphere of mutual respect whether in the courtroom or behind the scenes in chambers.

Yet apparently not. An independent review conducted recently by Baroness Harriet Harman KC set out 36 ‘decisive and radical’ recommendations because reform was needed to tackle what was described as the ‘unsustainable situation’ among the profession.

So Dame Maria Miller DBE – Chair of UK domestic abuse charity SafeLives and distinguished for her work on equality matters – has now been appointed to lead the Bar Council’s work to eradicate what are called ‘these behaviours’.

“This role is key to leading the change necessary to prevent misconduct and protect victims and the reputation of the Bar,” commentated Harman. “Improving behaviour will no longer rest on the slight shoulders of the victims of misconduct.”

Miller will now be responsible for promoting a ‘safe, respectful and professional culture’ at the Bar. At the heart of it will be handling bullying, harassment and sexual harassment reports in line with an agreed protocol with the Bar Standards Board, as well as liaising with the judiciary and providing confidential support.

Bar Council Chair Kirsty Brimelow KC said, “I’m very much looking forward to working with Dame Maria who brings her extensive experience into this role. She will provide authoritative guidance and be a trusted point of contact for all those working in and around the Bar.”

But will she be able to get to the deep-rooted nature of the problem – the character of the people drawn to the Bar?

CONTRIBUTED ARTICLES OF THE WEEK

The Case for Human Centred Lawyering

by Alia Ali

As Dale Carnegie argued decades ago, success depends less on technical brilliance than on how people experience us. That insight feels particularly relevant in law today. At Law.com’s Leadership in Law conference, Julian Taylor of Simmons & Simmons spoke about the profession’s tension between profit and virtue, a tension I see daily, drawing on years in private practice and my work as a General Counsel.

Some of the best lawyers I know have learned to live comfortably within that tension. They focus relentlessly on quality: not only the quality of legal advice, but the quality of service, communication and judgment. They care.  In a profession loyal to the hourly rate pricing model, now facing the disruptive force of AI able to replicate legal output, firms are being forced to address a fundamental issue: what does value really look like?

Ironically, lawyers who build strong relationships are often those who aim to work themselves out of a job.  At least the traditionally understood job.  The nature of advice becomes less “what does the law say” and more “help me to understand, decide and act”.  This shift depends entirely on trust. 

The law recognises that you take your victim as you find them. It’s a useful reminder that clients come with their own stories, fears and priorities.  A good lawyer will meet them there.  This requires a level of emotional intelligence, empathy and active listening. These are not soft skills; they are core legal competencies and should be taught as such.

Too often, lawyers forget that business is personal. “Know Your Client” should mean far more than identity checks and conflict searches. It should mean deeply understanding a client’s motivations, pressures and end goals. That kind of knowledge takes time, and it sits uncomfortably with a strict hourly billing model. Asking me how my weekend was, or about my children, rings hollow if I am paying £500 an hour for the privilege. That erodes trust, not builds it.

And yet, in many areas like family law and litigation, the human dimension cannot be stripped away. I have often listened to a client tell me the same story for the tenth time, knowing it may be legally irrelevant, but sensing that what they needed in that moment was to be heard. That requires emotional intelligence, curiosity and restraint. A degree of coaching, not just lawyering.

In the new world, it is the human touch, slowing down, listening more and investing upfront that will pay off tenfold. Legal advice is often sought at life-defining moments: a home purchase, the risk of bankruptcy, a major investment. It’s not only “can you do this?”, but “do you care enough to walk this road with me?”

Alia Ali is Founder and Director of Alto Claritas which offers a ‘fractional GC’ service

Rising demand for U.S. market access poses legal challenges for UK firms

by Rosemarie Connell

UK law firms are increasingly advising clients on accessing the U.S. securities market, the world’s largest and most liquid capital market, valued at approximately USD 63.3 trillion in 2025.

Given the fluidity of President Trump’s approach to tariffs and international relationships, particularly toward Europe, it remains difficult to predict whether current rhetoric or policy signals will translate into lasting regulatory or market impact. Moreover entry to the U.S. market is not straightforward. Oversight is divided between the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and individual state regulators, creating a multifaceted compliance environment. Law firms must advise clients on licensing, registration, governance and reporting obligations, as well as operational matters such as payroll, banking arrangements, and audit requirements. Each factor can affect the timing, feasibility, and structure of a client’s expansion plan.

Routes to market

Two principal entry routes exist for non-U.S. firms. The first is chaperoning under SEC Rule 15a-6, which allows UK and European firms to engage with U.S. institutional investors through a registered U.S. broker-dealer. This pathway can allow clients to become operational within days but requires careful structuring to ensure compliance with regulatory oversight, contractual arrangements, and operational responsibilities.

The second route is full regulatory registration. Firms seeking long-term independence and direct access to the U.S. market must navigate the SEC and FINRA authorisation process, which typically takes four to six months depending on the line of business. This involves establishing governance structures, supervisory frameworks, and compliance systems aligned with U.S. standards. Law firms advising clients must coordinate legal guidance with operational planning to ensure all regulatory requirements are met.

Guiding clients through US regulatory requirements

Increasingly, legal advisors are working alongside specialist compliance partners who provide technical knowledge of U.S. regulatory frameworks and support in licensing, staffing, and operational setup. This collaboration allows law firms to focus on structuring, contracts, and risk management, while helping clients move into the U.S. market efficiently and in compliance with regulatory expectations.

The challenges faced by law firms reflect broader trends in cross-border expansion. Regulatory complexity, operational demands, and client expectations mean that advising on U.S. market entry requires both legal expertise and a practical understanding of the steps needed to operate under overlapping SEC, FINRA, and state-level requirements. By integrating legal guidance with operational insight, firms can help clients establish a U.S. presence quickly, confidently, and cost-effectively, whether through chaperoning or full regulatory registration.

Rosemarie Connell is Senior Managing Director, Integrated Solutions

LEGAL COMMENT OF THE WEEK

TOPIC: The proposal to ban younger teenagers from access to social media

COMMENT BY: Olivia Ward, Supervising Associate, Simmons & Simmons

“A proposed ban on under-16s accessing social media would raise important legal questions around how such a measure could be implemented and enforced in practice. It would sit alongside the existing Online Safety Act framework, which focuses on placing safety duties on platforms rather than restricting user access.

Any approach would need to balance child protection objectives with privacy and data protection considerations, particularly around age assurance.

There may also be questions about how a ban would interact with platforms’ existing legal obligations under the Act. Much would depend on the final design of the policy and how it integrates with the current regulatory regime.”

COMMENT BY: Clive Summerfield, CEO of FARx

“Without accurate, continuous identity verification in place, such a ban can only be top level and is therefore doomed from the get-go.”

“There is no question that social media in its current form is highly damaging to children and young people. The Online Safety Act, which came into force last July, requires any content sharing platform to remove harmful content from the feeds of children, such as pornography and material encouraging self-harm. However, unless platforms act on moderating this kind of content, then I think the Government, operating in the best interest of the public, has no option other than to ban social media for under 16-year-olds.

“The question, however, is not whether platforms should be restricted according to age, but how to enforce such a restriction. Whilst there are excellent technologies in place to estimate the age of the person logging on to the platform, these technologies don’t currently tie a digital identity to a biometric identity, meaning they can’t continuously verify that the person using the platform is who they say they are. Or, in other words, that the “adult” accessing the One Time Passcode or changing the parental controls isn’t in fact their tech-savvy child who has figured out their password. This is a problem.

“Without accurate, continuous identity verification in place, such a ban can only be top level and is therefore doomed from the get-go. To implement a ban effectively, Government must require social media platforms to implement accurate, continuous biometric identity verification as part of regulations.”

TOPIC: The Beckham family row and Brooklyn’s deployment of a civil injunction

COMMENT BY:  Anousha Davies, Associate and Chartered Trade Mark Attorney, Intellectual Property team, Birketts LLP

“From a trade mark perspective, BROOKLYN BECKHAM is a registered trade mark in the UK, EU and China. Interestingly, despite Brooklyn now living in the United States, there are no equivalent U.S. trade mark registrations for his name. In both the UK and EU, the trade marks are currently owned by ‘Victoria Beckham, as parent and guardian of Brooklyn Beckham’.

In the UK and EU, the BROOKLYN BECKHAM trade marks cover an extensive range of goods and services, everything from beauty masks and cosmetics, to clothing, to entertainment services. The filings date back nearly a decade, suggesting the Beckhams anticipated commercial value in Brooklyn’s name early on, with potential future endorsement or licensing opportunities. Victoria Beckham also holds trade mark registrations for her other children: Harper, Cruz and Romeo Beckham.

When a personal name functions as a brand, goodwill and reputation generally follow the individual. Although goodwill can be transferred, in practice the goodwill in ‘Brooklyn Beckham’ is closely tied to Brooklyn himself, particularly depending on the specific goods and services offered under the mark, even if the registered trade mark owner on paper is Victoria Beckham.

Many public figures have successfully built and later sold businesses anchored in their personal names; Jo Malone, Karen Millen and Bobbi Brown are well‑known examples. However, selling such a business often means parting with the rights to use your own name commercially. This highlights the complexities that come with turning a personal name into a commercial asset.

With Brooklyn’s situation playing out so publicly, it remains to be seen whether there will be any formal changes to the ownership or control of his name as a trade mark in the future.”

COMMENT BY: Hannah Finster, Intellectual Property lawyer at Marks & Clerk

“Trade mark ownership trumps personal identity in commerce. The Beckham family has strategically protected the ‘BECKHAM’ brand since 2000 across multiple classes of goods and services. This isn’t just family drama, it’s a textbook example of trade mark strategy colliding with personal autonomy. When Chelsea FC registered ‘JOSE MOURINHO,’ even the man himself couldn’t authorise merchandise at his new club. Similarly, Brooklyn Beckham cannot simply monetise his own name without permission. The lesson for celebrities and their advisors is to negotiate ownership rights early, or risk losing control of your most personal asset.

 “She has also added that ‘ plenty more to be said around founders exits (Jo Malone, Bobbi Brown etc,.), and also something about trade mark drama capturing public interest in a way commercial legal principles often don’t (Emily in Paris latest season features a family trade mark infringement story line) etc.

“You can also draw comparisons to other “billion dollar” celebrity families – Beyonce & Jay Z, the Kardashians – they’re all registering trade marks, securing social media handles etc. before birth/while their children are young – often as a protective measure to stop exploitation by others…but the Beckham situation is what you see happen when that struggle for personal autonomy piece kicks in and causes a rift in the family – but it’s not as simple as breaking free and being able to do whatever you want when your name IS the asset.”

COMMENT BY: Jake Mitchell, Senior Associate, Freeths

“Given the very public world that the Beckhams live in, one would expect the model-cum-photographer-cum-chef and his legal team to reflect on whether such an application would have the opposite impact and keep this story in the public eye much longer than it needs.”

TOPIC: The possibility of California introducing a ‘Billionaire’ tax

COMMENT BY: Roger Gherson, senior partner, Gherson Solicitors LLP

“The announcement of a billionaire tax set to come into force in California could provide a much-needed lifeline to Rachel Reeves and the Treasury to attract wealthy Californians to the UK.

In order to attract this vital investment, it would be wise for the Government to re-consider its recent cancellation of the non-dom scheme. Not only would this re-attract wealthy individuals to the UK but also help retain those who are threatening to leave the UK in pursuit of more favourable tax landscapes like Switzerland and Dubai.

The past contribution to the UK economy by non-doms cannot be underestimated. The proposal to introduce a £200,000 annual levy and require an investment of £2.5 million to enter the UK must be accompanied by the introduction of an appropriate visa – one which does not require the applicant to create an illusory job to be allowed to live here. Recent reports suggest the new scheme will be open for 15 years, but I fear the Government has got it wrong.

The previous scheme operated on the assumption that wealthy people were older. Today’s ‘wealthy’ however – with their tech start-ups and entrepreneurial expectations – are far younger. In order to entice them, and their families, to come to the UK we must recognise that life expectancy has changed. People are also having children later. Anyone considering moving to the UK on this proposed new scheme would, for example, want their children’s education cycle to complete before any end-date. Any worthwhile scheme would therefore have to be open for at least 25 or 30 years.

I, along with a growing number of other High Net Worth advisers, have been urging the Government to rethink. We have been given a fantastic opportunity to recruit wealth from afar but we must accept that the new proposed non-dom scheme must be ripped up and back to the drawing board me must go.”

TOPIC: The case of the nurses who claimed successfully at an employment tribunal that they had suffered harassment by a trans colleague using a single-sex changing room

COMMENT BY: Jo Mackie, employment partner, Michelmores

“This decision is an example of the difficulty of managing the competing interests of women and trans women. It’s important to realise that they are not competing rights, because women have the right to changing rooms free from men and trans women. This is according to the For Women Scotland judgement of 2025 that found only a biological woman (i.e.biologically female at birth) is a woman, hence excluding trans women from women only spaces is lawful.

Many women – including the nurses involved here – feel strongly that they do not wish to share changing rooms with trans women. The NHS Trust that forced them to do so was found to have violated their dignity. This finding is in accordance with the current law and the legal definition of a woman. We will see more test cases as the year goes on but I suspect the law will hold fast on the meaning of ‘woman’.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

WINCKWORTH SHERWOOD

Arcangelo D’Apolito is joining Winckworth Sherwood as a Partner in the Private Wealth and Tax team.

Previously with Italian law firm, Macchi di Cellere Gangemi, D’Apolito is a dual qualified English and Italian lawyer with more than 20 years’ experience in international tax, trusts and wealth structuring, and assisting clients with relocating to and from the UK. As a full member of the Society of Trust and Estate Practitioners (STEP) and the International Bar Association (IBA), D’Apolito has previously worked for PwC and KPMG on UK-Italian tax matters. He appears regularly on the programmes of international tax conferences and is also a contributor to the media.

Commenting on D’Apolito, Richard Tinham, Managing Partner, Winckworth Sherwood said, “It’s a rarity to find [such a] skillset and valuable cross-border expertise recognised by so many prominent private capital market players. We are excited to welcome him to our firm, as we expand our UK and International Tax offering meeting significantly increased demands in this area.”

BROWNE JACOBSON

Matthew Kemp has been appointed by Browne Jacobson as Partner in its 120-strong real estate team. Previously with Shoosmiths Kemp is recognised in both Chambers and Partners and Legal 500 and has led UK-wide projects and acted as real estate-lead on cross-discipline and cross-jurisdictional matters. He is regarded by clients as being able to cut through complexity and find solutions.

“Browne Jacobson operates at the forefront of society’s biggest issues, and that’s what attracted me here,” said Kemp. “The firm also acts as a connector across all sectors, bringing together the expertise needed to deliver on multi-faceted projects and real estate transactions. The ambition this firm has is clear, and I’m excited to join the team and be part of what comes next.”

Sarah Parkinson, Partner and Head of Real Estate commented, “Our vision in real estate is to advise clients on the deals that matter. Matt’s investment experience ranges from major real estate financing projects and large-scale deals in the urban logistics sector. His commercial approach and ability to navigate complex deals means that he will be a great and natural addition to the team.”

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