Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
13 March 2026
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: HER FINEST HOUR?
Those who have followed with interest the determined actions by the organisation ‘Detained in Dubai’ – and notably its CEO, Radha Stirling – on behalf of foreigners who have fallen foul of the irascible authorities in the Gulf will not have been surprised to see her high profile in the face of what is happening there now.
With scores of westerners being arrested, those accused are alleged to have used an ‘information network or information technology tool to broadcast, publish, republish or circulate false news, rumours or provocative propaganda that may incite public opinion or disturb public security’.
Wartime often reveals the true, underlying nature of societies when the mask is taken off. Anyone uncertain about the state of the Gulf – or the Gulf states – should no longer be under any illusions.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
It’s a Domestic
Elephant in the Room
Trumpeting Europe
IWD Backed by Gardner Leader
+ CONTRIBUTED ARTICLE OF THE WEEK
WHY SENIOR LAWYERS ARE RETHINKING THE TRADITIONAL LAW FIRM MODEL by AMY SULLIVAN
THE BALANCING EXERCISE THAT IS INTERNATIONAL RELOCATION by SIMRAN GUPTA
+ LEGAL COMMENT OF THE WEEK
on arrests in the Gulf, protecting children, Courts and Tribunals Bill, claims under the Company Act, Katy v. Katie and sanctions enforcement.
+ APPOINTMENTS OF THE WEEK
Foot Anstey Thomson Snell and Pasmore
LEGAL DIARY OF THE WEEK
It’s A Domestic
The common presumption in terms of domestic violence is that men are overwhelmingly (in every sense) the aggressors and women are the victims. That is undoubtedly true – but maybe not quite to the scale that you might have expected.
The latest figures from NCDV (the National Centre for Domestic Violence) shows that demand for its civil legal protection services has remained consistently high but the latest figures of 89% female versus 11% male victims and survivors reveals that there are growing numbers of men who are referred for domestic abuse and applying for help.
Of course, with all such figures one can never be sure whether they expose a genuine change in real life or merely indicate a growing willingness on the part of men to report assaults – in other words, men being ‘liberated’ to reveal their vulnerability.
As it is though the number of reported appeals for assistance is pretty shocking with NCDV receiving a total of 89,776 referrals for help in 2025 – 60% of which came from police forces. One of NCDV’s most important functions is to train the police and domestic abuse-related professionals. And its pro bono team – consisting of 15 specialists – took on 4,469 cases free-of-charge (a similar number to the previous year).
“NCDV’s self-funding model permits us to offer a vital legal lifeline to thousands of domestic abuse victims and their families across England and Wales,” said Charlotte Woodward, head of NCDV training and development. “Moreover, our service prevents vital public funds being drained from hard-pressed local government support. The state should be doing everything it can to support us in our targeted mission to counter domestic abuse – criminal behaviour behind closed doors which is reckoned to cost our country £89.3 billion annually.”
Elephant in the Room
Finding a hook to encourage people to open up about personal issues is a perennial challenge but Clarke Willmott has found a neat solution in a model elephant named ‘Tula’ whose colourful decoration provides a context for discussing mental health and wellbeing issues.
Currently in the firm’s Southampton office, the firm’s partnership with the well-being organisation ‘Elephant in the Room’ forms part of Clarke Willmott’s broader commitment to giving its staff the support they need.
“This is a great way of focusing on something that people can lose sight of in their busy working lives and it has been powerful and moving to hear from colleagues about some of the issues they and their loved ones have faced over the years,” said Richard Swain, the office head at Clarke Willmott in Southampton.
Tula means “balance” in Sanskrit and the name came from one of Clarke Willmott’s employees.The model was hand painted by artists from Elephant in the Room. Set up just two years ago Elephant in the Room seems to be achieving a jumbo impact in the corporate world.
For more go to https://www.elephantintheroom.ie/
Trumpeting Europe
A week has always been ‘a long time in politics’ and given events in the Gulf area it is becoming so in business as well. That’s why it is not clear what to make of a report out this week from ADVANT , an association of European law firms, which comments that “Business confidence around prospects for investment and growth in Europe is riding high.”
What might not be quite so surprising is the observation that American General Counsels are ‘even more bullish’ on Europe than Europeans themselves. A higher proportion of U.S. GCs (87%) believe Europe will benefit from global business expansion into the continent when compared with Italy (69%), France (71%) and Germany (76%). In other words, if you are based in Trump’s USA then other places look pretty good.
“The EU has an enviable position as one of the world’s largest economies, a major producer and exporter of goods and services, and one of the most reliable and respected legal and regulatory systems anywhere,” said Gilles Gaillard, partner at ADVANT Altana. “Recent geopolitical and economic turbulence has brought into ever sharper relief just how attractive Europe is as an important and resilient place to invest and do business. This reality is clearly reflected in the views of GCs, who are central to how companies prepare for and respond to a world characterized by fast-paced change.”
“The EU has set out clear objectives to fuel competitiveness and foster future prosperity by simplifying regulation and better aligning EU and national policies, but the jury is still out on whether these actions go far enough, fast enough,” said Dr Christian von Wistinghausen, partner at ADVANT Beiten. “There is a real risk that the volume and complexity of regulation have the potential to put businesses operating in Europe at a disadvantage compared to lighter-touch jurisdictions.”
Being now a decade on from the BREXIT vote the UK features nowhere in the report. One can be grateful for small mercies.
IWD Backed by Gardner Leader
International Women’s Day (IWD) was marked in Oxford last week by an event at the University’s Somerville College with an event organised by local law firm Gardner Leader and attended by over 130 business leaders and professionals
Under the umbrella of this year’s IWD theme, ‘Give to Gain’, the event raised awareness of the charity Homeless Oxfordshire, which is the largest provider of accommodation for people experiencing homelessness in Oxfordshire. Guests were invited to bring a donation, to contribute to the charity’s ‘Her Way Home’ appeal, which supports women in rebuilding their lives.
“International Women’s Day is an excellent opportunity to showcase the remarkable contributions women make to every industry and profession,” said Cate Beavis, Senior Associate in the Gardner Leader Residential Property team. “Our speakers shared powerful personal experiences across a variety of careers, each illustrating determination and drive. We’re proud to have brought together such an inspiring group of women.”
Derek Rodgers, Managing Partner at Gardner Leader, added, “As a leading law firm in Oxford and across the south of England, we’re proud to be an active part of our communities, supporting initiatives that promote equality and empower future generations of women to succeed. Today has reinforced this belief. It was an absolute pleasure to hear from such incredible speakers, who are true role models for each and every one of us to look up to.”
CONTRIBUTED ARTICLES OF THE WEEK
WHY SENIOR LAWYERS ARE RETHINKING THE TRADITIONAL LAW FIRM MODEL
by AMY SULLIVAN
‘Consultant’ and ‘fee-sharing’ law firms have existed for more than two decades but their place in the profession is changing.Once seen mainly as an option for lawyers seeking flexibility or stepping away from partnership, the model is now drawing a different cohort: established senior practitioners with strong client followings who are choosing this platform as the next stage of their careers.
Several forces are driving the shift. As the sector evolves, many senior lawyers are questioning whether traditional structures remain the best platform for a successful practice. Escalating billing targets, management duties and administrative load are familiar pressures in large firms; for lawyers who have already built reputation and relationships, greater autonomy and a clearer link between effort and reward can be highly attractive.
At the same time, fee-sharing firms have gained credibility. As more high-profile lawyers have moved into these environments and continued to handle complex, high-value matters, clients and the wider market have become comfortable that the model can deliver top-tier advice. What once looked like an alternative route is increasingly recognised as a sophisticated way to practise at the highest level.
As consultancy-style practice grows, new entrants continue to appear. For many lawyers, however, maturity and stability remain key: firms with an established track record can offer greater reassurance on infrastructure, reputation and long-term viability than newer platforms.
Within this landscape, distinctions are emerging between different types of consultancy firms: some operate at significant scale, while others are more selective. Firms such as Level, which is now entering its tenth year, were built to combine the commercial advantages of the consultant model with the credibility, sector depth and professional standards associated with a high-end specialist boutique.
The consultant model has matured significantly over the past decade. What we’re seeing now is a shift in the calibre of lawyers exploring it: established specialists who want the independence and financial opportunity it offers, while operating within a law firm with a strong brand and real sector prestige. A recognised, credible firm gives both lawyers and clients confidence that advice quality and professional standards remain at the highest level.
To that end, over the past year, Level has welcomed an increasing number of partners and heads of department from top-tier and Magic Circle firms, reflecting a broader trend of established practitioners viewing consultancy firms as a credible alternative to traditional partnership structures.
Amy Sullivan is Director of Brand at Level
THE BALANCING EXERCISE THAT IS INTERNATIONAL RELOCATION
by SIMRAN GUPTA
International relocation cases are some of the most complex children matters that we as Family lawyers are faced with. The significance of the move for the relocating parent is often all encompassing, with it being difficult to see a future if the application were to fail. Combine with that the welfare of the children and you have a challenge on your hands.
Unlike most proceedings concerning children, where both parents tend to pitch their case on what is best for the children and what their view is of what the children’s wishes and feelings are, relocation cases are often premised on a parent’s desire to relocate for their own benefit. Frequently, this desire is led by employment opportunities, family support network, a return to a place they lived previously, distance from the other parent or, more than likely, a combination of all these factors. That parent will see their lives and their future in this other country as opposed to the country they are in presently, and therefore the applications become highly emotive. There is no future for them if they are not granted permission to relocate by the court.
The benefit to the children is often intertwined with the benefit to the relocating parent. If permission to relocate is granted, the parent will be happier and this benefits the children, or the parent will have better employment prospects and therefore will be better able to accommodate and financially support the children.
This contrasts with statute and caselaw which directs that the children’s welfare must be the court’s primary consideration.
This means that, when formulating a case, significant consideration needs to be given to what the children’s lives will look following a relocation. This needs to be a detailed analysis of life in the new country versus the life they know, as well as a clear plan for the relocation and how the children will be emotionally supported.
Given the courts primary consideration is the children’s welfare, the greatest hurdle to such applications is the impact of an international relocation to the children’s relationship with their other parent. Time spent with that parent will be reduced to holiday only time, that parent will likely lose their ability to engage with the children’s school, extracurricular activities, the opportunity to attend parents’ evenings or performances. There are also language barriers and costs of contact to be factored in. This hurdle is the most difficult to overcome and often will deliver the greatest blow to these types of applications.
Although caselaw has in the past placed significant weight on the benefit to the parent, it must be right that once again the courts primary consideration is and remains to be the welfare of the children.
Simran Gupta is Principal Associate Solicitor in the Family team at SA Law
LEGAL COMMENT OF THE WEEK
TOPIC: The growing number of foreigners being detained by authorities in the Gulf for circulating images of the Iranian attack missions
COMMENT BY: Radha Stirling, Detained in Dubai
“Foreigners need to understand that what may seem like normal social media behaviour elsewhere can lead to arrest in the UAE. In some circumstances people can find themselves treated as national security suspects before the facts are even clarified. That can mean being taken to specialised CID facilities for interrogation and held for extended periods in facilities known for human rights abuses and torture. In times of regional tension, authorities can become hypersensitive, and innocent mistakes can quickly escalate into extremely serious and dangerous situations for foreigners.”
“If governments begin arresting expatriates for sharing or discussing news during a conflict, it risks undermining the image they have tried to build as safe, modern international hubs. It creates fear among residents and visitors who feel they could face jail simply for sharing a news article or video.”
TOPIC: The Courts and Tribunals Bill (to reduce the number of jury trials)
COMMENT BY: Katie Wheatley of Bindmans LLP, Head of Financial Crime and High Net Worth Defence
“While the backlog desperately needs addressing – it’s unacceptable for defendants, witnesses, and victims to wait years – there is no evidence this radical change will impact the backlog at all, and the government has provided no proof. The Institute for Government has said that the proposals for judge only trial will save less that 2% of court time.
The real causes are decades of underfunding that have left the system on its knees. Removing juries is a kneejerk reaction when practical fixes are available now: more Crown Court sitting days, reliable interpreters and prisoner transport, and urgent repairs to crumbling infrastructure to prevent adjournments from leaking roofs, lack of water, or other issues.
More could be done to encourage early guilty pleas through better diversion for minor first-time offences, increased credit for early pleas (including at first Crown Court hearing), full early disclosure of evidence so that Defendants can make informed choices.
Juries are widely trusted by the public to deliver fair verdicts in criminal trials. They are 12 members of the public with diverse backgrounds and experiences who, guided by a judge, are called upon to decide guilt or innocence. Independent, collectively free from bias and fresh to the issues, their task is to hear all the evidence and decide things like who is truthful or lying or mistaken, whether an act of self-defence was reasonable, or the presence or absence of consent in sexual allegations, or whether a defendant acted with a certain state of mind, such as dishonestly or intentionally.
Removing juries for swathes of cases is a dangerous step and a body blow to an underfunded criminal justice system.”
TOPIC: Sanctions Enforcement
COMMENT BY: Roger Gherson, Gherson Solicitors LLP
“The UK’s Office of Financial Sanctions Implementation (OFSI) has updated its guidance on the civil enforcement of financial sanctions, introducing several key changes to create a “quicker, easier and more transparent” process. The revisions are aimed at addressing an increase in the volume and complexity of OFSI’s enforcement work and stem from a consultation process that began in May 2025.
Although the changes will we welcomed, the document names 14 difference enforcement or regulatory bodies with responsibility for sanctions, from OFSI, and HMRC through to the SFO, OFCOM and SRA. This is alongside 8 bodies responsible for licensing and breach reporting. Coupled with the ever-changing designation landscape, it is little wonder that sanctions compliance remains high on the list of issues keeping business leaders awake at night.
It is also notable that in stark contrast to designation decision process itself, the guidance sets out that proportionality, fairness and due process are key drivers in enforcement decision making. It is ironic that those accused of breaching sanctions, even in criminal matters, are afforded more protections than those whose lives are devastated by designation.”
TOPIC: The need for Big Tech to do more to protect children online and criticisms following the Information Commissioner’s Office (ICO)
COMMENT BY: Mark Jones, Criminal Partner and Online Safety Act expert, Payne Hicks Beach
“Ofcom’s criticism of “product testing on children” is particularly striking and echoes the ongoing US trial examining whether social media companies deliberately build addictive features for young users.
“In that context, Ofcom and the ICO’s current focus on age checks and grooming protections risks missing a key issue.Those measures will do little to address whether platforms are intentionally designing harmful engagement-driven products using children’s behaviour as the testing ground.
“It also comes as the government’s consultation on children’s online safety is still underway, meaning companies are being pushed to show progress before a final framework is settled. The risk is that we see hurried compliance rather than the implementation of genuine safety measures.”
COMMENT BY: Lucy Blake, Partner at Jenner & Block
“This warning underscores a fundamental shift in how online harm is regulated. The UK’s Online Safety Act has already raised the bar by imposing sweeping duties on platforms to identify, assess and mitigate the risks of harmful content, backed by penalties of up to £18 million or 10% of global turnover. For major tech companies, the message is clear: proactive safety measures are no longer optional – platforms that fail to act decisively risk being seen not as neutral intermediaries, but as enabling harm to flourish.”
TOPIC: The Makeality Ltd (Piddle Patch) v City Doggo Ltd intellectual property case
COMMENT BY: Maria-Christina Peyman, Partner and Head of Intellectual Property, Birketts LLP
“The Makeality Ltd (Piddle Patch) v City Doggo Ltd case reinforces that using someone else’s trade mark to drive customers to your alternative offering is still an infringement. As identified by the defendant’s case, there can be a sentiment that using someone else’s trade mark for search engine optimisation should not be actionable as it is ‘minor’.
This case provides a timely reminder that use of third party trade marks to drive sales to your own product, for example embedding it into website code (for SEO impact), buying up of domain names and with promotional content can give raise to a claim of infringement.
This judgment offers trade mark owners some comfort of their ability to successfully enforce their rights against competitors who are not overtly infringing the trade mark by seeking to use the trade mark as their own, but rather adopting the use in more ‘hidden’ ways which benefit from their goodwill and cause a misrepresentation to end users. It is also an example of when ‘passing off’ can be used successfully by trade mark owners in an overall strategy to protect efforts that have gone into building a brand.”
TOPIC: The confirmation by the Supreme Court in THG Plc v Zedra Trust Company Ltd [2026] UKSC 6 that there is no statutory limitation period for claims brought under section 994 of the Companies Act 2006 thereby overturning a previous decision by the Appeal Court that there was a limit of six years.
COMMENT BY: Owen Williams, Solicitor Advocate, Clarke Willmott LLP
“I am not surprised that the Supreme Court has overturned the Court of Appeal’s decision. For decades it had generally been understood that no limitation period applied to section 994 petitions, and the Court of Appeal’s decision in 2024 came as a surprise to many practitioners. The Supreme Court’s judgment restores the position that most lawyers had long assumed to be correct.
“The practical implication is that there is no hard deadline for a disgruntled minority shareholder to complain about their treatment at the hands of the majority.
“Businesses and majority shareholders should therefore take advice before taking steps that are likely to upset minority investors, so that the risk of an unfair prejudice petition, whether now or in the future, can be properly managed.”
TOPIC: The Katy Perry vs Katie Perry trade mark case
COMMENT BY: Kishan Pattni, IP and Media law Specialist, Freeths
“This case highlights the reputational exposure faced by high‑profile figures when a dispute is cast in David‑versus‑Goliath terms. The Court identified the clear disparity between the designer’s small, self‑funded business and the scale of the pop star’s commercial career, concluding that the clothing label posed no meaningful risk of consumer confusion under the relevant law.
“However, public perception in such matters rarely turns on legal nuance. Even had the singer prevailed, the optics tend to favour the underdog, particularly where, as here, the individual is simply trading under their own name in apparent good faith. Once viewed through that lens, the larger party inevitably carries the greater reputational risk, win or lose.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
FOOT ANSTEY
Jasmine Olomolaiye is joining Foot Anstey as a Partner in its investigations and corporate crime team as part of the firm’s drive for strategic growth and expansion of its risk and regulatory offering. Olomolaiye was previously at Linklaters for twelve years where she advised corporates and financial institutions on internal and regulatory investigations, corporate crime and sanctions. She was recognised by Legal 500 as a key lawyer for Regulatory Investigations and Corporate Crime and will now expand Foot Anstey’s core offering to clients operating in highly regulated sectors
“Jasmine brings significant experience advising on complex investigations and corporate crime matters, particularly for clients operating in highly regulated sectors,” said Foot Anstey Managing Partner Martin Hirst. “We are delighted that Jasmine will be strengthening our investigations and corporate crime practice at Foot Anstey as we continue to expand our risk and regulatory offering. Her breadth of expertise, strong network and reputation for delivering high-quality, premium work make her a great appointment for the firm. Her appointment also reflects our continued commitment to investing in the best legal talent to support our clients’ needs.”
THOMSON SNELL & PASSMORE
Richard Ellard has been appointed by Thomson Snell & Passmore as its new Senior Partner. Having joined the firm in 2006 he was appointed Head of Real Estate in 2014. He will take on the new role from June 2026 succeeding Joanna Pratt, who has been Senior Partner since 2020. She will now continue to contribute as Head of the Family department
“I am thrilled to have been appointed as Senior Partner,” said Ellard. “The business of running a law firm is changing rapidly, with continued consolidation across the market. We see firms merging or being taken over and others selling to private equity funds. I feel strongly that as a strong, independent law firm, our focus on recruiting and retaining the best people and delivering excellent client service, means we are well placed to continue to evolve and thrive. I am excited about what the future holds and look forward to leading the firm into the next phase of its growth.”
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