Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
27 March 2026
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: Whither the UK (Down the Drain) ?
The publicity for the City UK’s annual International Conference – appropriately being held on St. George’s Day, April 23 – coincided with the unsurprising revelation that the country’s performance against other G7 nations was trailing badly and that consumer confidence was at an almost all-time low. Meanwhile a comment article in City AM observed this week ‘We are a poor country acting like a rich one’.
That said, the latest Global Financial Centre’s Index from Z/Yen showed that London and New York alike had retained their respective spots in new rankings, with each of their scores inching up by a singular point.
Significantly, maybe, the City UK conference is being sponsored by Freshfields – so the legal community is doing its bit to promote discussion of these key issues. However as Larry Fink, the BlackRock boss, commented this week, we need more plumbers and fewer lawyers in the new age of AI.
Maybe next year’s conference should be sponsored by Pimlico Plumbers as a sign that the City really is forward looking.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
Hermer Harmonizes On Human Rights
Morgan Lewis Hits Hard at Hughes Hubbard
Fresh Start for Ukrainian IP Lawyer with Women’s Work Lab
Andersen LLP Backs People Regaining Mobility
Fallibility of Legal Chatbots – As Proved by Meta
+ LEGAL COMMENT OF THE WEEK
Penalties for social media companies, the CMA investigation into customer reports and the Dodgy Doggy Vogue controversy, local government reorganization, Sir Benjamin Slade’s divorce battle
+ APPOINTMENTS OF THE WEEK
Excello Law
LEGAL DIARY OF THE WEEK
Hermer Harmonizes On Human Rights
Maybe it should not be a surprise that the wars in Eastern Europe and the Middle East are exposing rifts in the fundamental values of Europe and the USA.
While delivering the 38th Annual ‘Harry Street Lecture’ at the University of Manchester the Attorney General, Lord Hermer KC, was given the opportunity to restate where he stood on ‘Defending Rights in a Changing World’. Underscoring Britain’s commitment to human rights and the value of a rules-based international order he warned against the current shift ‘by some’ (as he put it) into an age of ‘power dictating outcomes’. Instead he stressed the importance of legal frameworks in protecting all citizens, not just the privileged few and highlighted the importance of the European Convention on Human Rights. “Shared rules make Britain more prosperous, allowing us to trade with confidence,” he said.“They make us more just by underpinning protections for our citizens. And they make us more secure, by enabling cooperation with allies.”
Welcoming the presentation the University’s Head of Law, Dr Javier Garcia Oliva commented, “Lord Hermer highlighted that upholding human rights in a global context is not only in the UK national interest, it is also the morally correct approach. He pointed out a plethora of examples illustrating ways in which human rights legislation has been beneficial to all of society, including those who are often marginalised or denied a voice. We were delighted to welcome such an inspiring speaker, and his contribution made a deep impression on his audience.”
Doubtful though whether anyone in the White House would be paying the least bit of attention.
Morgan Lewis Hits Hard at Hughes Hubbard
Hughes Hubbard, which has been highly rated on the American Lawyer’s A-List for the past fourteen years, would be justified in feeling aggrieved at Morgan Lewis right now. In the past few months it has lost a five-lawyer team to its rival in Paris as well as a partner to the Morgan Lewis Washington office. Is this special targeting one wonders?
The Paris hit will be particularly painful as two of the departing partners,Marie-Agnès Nicolas (above left) and Anne Gaustad-Hanken (above right), served as co-chairs of the global investigations, enforcement, and compliance practice in Europe.
“Our clients worldwide are navigating intensifying geopolitical tension, evolving sanctions regimes, and heightened cross-border enforcement risk,” said Morgan Lewis Chair Jami McKeon. “This team brings a sophisticated perspective that reinforces our ability to guide clients operating at the intersection of international commerce, enforcement exposure, and national security regulation.”
The move is also a useful reminder to London that it is not the only legal centre of substance in Europe.
“Paris is an increasingly important hub for cross-border compliance and enforcement work,” said Dana Anagnostou, the Morgan Lewis Paris office managing partner. “This talented team adds meaningful depth to our compliance and investigations capability here and enhances our ability to serve clients navigating complex regulatory expectations across France and the broader European market.”
In fact Morgan Lewis has been really focused on Paris for the past year with an impressive increase in headcount of 54 lawyers. The development of the firm’s coordinated transatlantic trade enforcement and export controls platform has been particularly important. Plus springtime in Paris – what’s not to like.
Fresh Start for Ukrainian IP Lawyer with Women’s Work Lab
Fleeing from a war zone to restart life and a professional career in a foreign country while also speaking a new language presents enormous problems. And yet, as we know, this is happening regularly with Ukrainian refugees.
In the case of Anna Sych, who came to the UK in 2022, it meant leaving behind a decade’s worth of experience specialising in intellectual property, copyright and contractual matters for creative industries, including television and film production. But what made the difference was a re-boot course with Women’s Work Lab.
“I’d moved from my country and lost friends, language, everything,” says Sych, who is now working as a legal administrator in Clarke Willmott’s home sales team in Taunton, assisting clients across the housebuilding, social housing and later-living sectors.
“It makes things so difficult when you can’t speak with or understand other people. I needed support to build my confidence again, my employability skills and to regain my professional direction”
Fortunately Bristol-based organisation Women’s Work Lab was able to offer just that.
“Two years ago, I attended their three-month course, designed for women who have spent a significant time out of work. Everyone there had faced different challenges and some of their stories were incredibly difficult to hear and even hard to believe – the situations were so complex. All these women were finding it very hard to start a new life and to believe in themselves again. At that time, I was in the same position, but the coaches there were incredible.
“The Lab team helped us recognise the transferable skills we already had and encouraged us to think about the professional life we wanted, not just as a job, but as work we truly enjoy and that allows us to grow. Working with a job coach gave me back my confidence and helped me break through the barriers I felt. The mock interviews were incredibly useful, and the whole team was so supportive in helping me discover what I wanted to do next.”
As part of the course, she joined an online “Interview Success” webinar provided by Clarke Willmott’s, Early Careers & Equality, Diversity, Inclusion advisor Emma Davies-Perks and recruitment advisor Rebecca Cook.
“It was really helpful to get new tips, especially for women like me at the start of this journey,” said Sych. “I knew then that I needed to change direction, and I felt in my heart that this meant returning to law.”
Which is exactly what she did – courtesy of Clarke Willmott.
Andersen LLP Backs People Regaining Mobility
Regain, the charity for Tetraplegics, is going to benefit from a newly-announced partnership with Andersen LLP. Regain is well-known for supporting individuals who have sustained life-changing spinal injuries notably as a result of sporting injuries. It provides grants for specialist equipment, rehabilitation, and practical support to help beneficiaries to regain confidence and autonomy. Andersen will be providing the charity with both financial support and strategic assistance.
“We are delighted to be working with Andersen LLP,” said Ivan Jones CB, Chair of Regain. “Partnerships like this are essential to sustaining and growing our support for those who have experienced devastating spinal injuries. Andersen’s backing will help us reach more people and continue providing the vital assistance that makes a real difference to everyday life.”
Miles Dean, partner at Andersen LLP and a Regain trustee, added, “We are extremely proud to partner with Regain and support the vital work they do for individuals facing life-changing injuries. Regain’s work goes far beyond financial assistance – it helps people rebuild independence and dignity.”
The partnership between Andersen LLP and Regain marks a shared commitment to supporting individuals beyond the point of injury, ensuring access to the resources needed to move forward with confidence.
“The support I received from Regain has been life-changing,” explained James Gould, a young father, who sustained a spinal cord injury through a trampolining accident jumping into a shallow pool. “It has given me greater independence and allowed me to focus on rebuilding my life. Without that help, many everyday tasks would still be a challenge.” James now benefits from specialist equipment provided by Regain which is designed to improve mobility and independence.
Fallibility of Legal Chatbots – As Proved by Meta
Meta has been in for a drubbing this week along with other social media companies. However at least it can chalk up one victory – in a battle with one of its own former employees, the WhatsApp Head of Cybersecurity, Attaullah Baig.
Now, first, all credit to Baig in many respects for having turned whistle-blower and reporting alleged federal law violations related to cybersecurity issues at WhatsApp. Bravo!
However – and not too surprisingly – this was not well-regarded by Meta CEO Mark Zuckerberg who fired Baig. The response on Baig’s part was then to claim that this was unjustified ‘retaliatory’ action.
So it all went to court.
And this is the moment at which it becomes a story of our time. Operating in that kind of world, Baig sought advice NOT (as you Dear Reader probably would) from the local, well regarded employment law firm but instead sought out the immediately accessible, legal chatbot. After all won’t it be more up-to-date with a more subtle understanding of the key issues? And probably a bit cheaper too?
So, backed up by the chatbot, and by now confident in the strength of the case, Baig happily proceeded into the courtroom. And that was where it all went wrong. The Magistrate Judge granted Meta’s motion to dismiss the whistleblower’s lawsuit. Maybe the legal chatbot wasn’t quite as switched on as Baig had assumed.
Or as Dr. Kolochenko, CEO at ImmuniWeb, put it, “The dismissal ruling exemplifies the necessity to talk to your own lawyer before initiating any legal or pre-legal actions. Oftentimes, individuals recklessly rely on a quick discussion with an AI chatbot that, in the vast majority of cases, gives wrong and dangerous advice.
The underlying problem is not with Large Language Models, but rather with the insufficient, incomplete or even subjectively distorted details and facts provided to AI by human, while AI – in bright contrast to a human lawyer – frequently fails to notice numerous subtle but decisive issues and technicalities of the case.
As to Meta and its former employee, the ruling solidifies Meta’s consistent position on its robust cybersecurity practices, while not necessarily being based on all available evidence. It is important to understand that the ruling merely means that the former employee could not produce sufficient evidence to proceed with the case, however, it does not totally exclude a possibility that such evidence might exist.”
More grimly Kolochenko, goes on to add, “The employee may now face legal or personal consequences, once again highlighting that hiring a skilled lawyer at the very first stage of any dispute is crucial, especially when you go after a megacorporation.”
Maybe some well-meaning AI legal chatbots could gang together to community fund-raise for bereft Baig?
LEGAL COMMENT OF THE WEEK
TOPIC: The penalising in California of US social media companies for the addictiveness of their services
COMMENT BY: Mark Jones, partner, Payne Hicks Beach
“A bad week for Meta. A day after a jury in New Mexico found Meta liable for the way in which its platforms endanger children, a jury in California found that Meta and YouTube intentionally built addictive social media platforms that harmed mental health.
“These two cases are a litmus test of where the red line is drawn. It sets the direction for how seriously we treat the risks of exploitative design, especially for children. What happens next reaches far beyond the US. It should shape how UK regulators, courts and Ofcom decide whether the Online Safety Act delivers real protection, or just the appearance of it.”
COMMENT BY: Thomas Rudkin, Partner, Farrer & Co
“The level of the fine in the New Mexico case and the damages in the California case are a rounding error for the likes of Meta. But the consequences may be much more far reaching than mere numbers. The design of platforms, and their addictiveness, are well and truly in the spotlight, via litigation in the US and legislation in Europe.
“The Online Safety Act does not create new ways of suing Big Tech, but it does very much place a regulatory onus on platforms to ensure children are protected on their platforms. A domino effect, with litigation in some jurisdictions and regulatory action in others is likely to continue.”
TOPIC:The investigation into five companies (including Autotrader and Just Eat) by the Competitions and Markets Authority regarding whether they had broken consumer law by not taking sufficient action to tackle fake and misleading online reviews.
COMMENT BY: Iona Silverman, Intellectual Property & Media partner, Freeths
“This investigation shows how seriously UK regulators are taking consumer law. The CMA now has the power to issue fines of up to 10% of global turnover for these kinds of breaches, meaning Autotrader and others will be taking this investigation very seriously. In my experience, very few companies have implemented fake review policies to address the risks posed by fake reviews, but this investigation may be the wake-up call that companies need. It is incumbent on them to have a process in place to ensure reviews present a fair and accurate picture of their offering.”
TOPIC: The Dodgy ‘Doggy Vogue’ Controversy
COMMENT BY: Michael Conway, Partner & Chartered Trade Mark Attorney, Birketts LLP
“If this case came up in the UK, the parody angle wouldn’t save Ms Portnaya – there is no defence in our trade mark law based on parody. Nor would a lack of consumer confusion — it doesn’t matter if no one thinks Vogue is secretly behind Dogue. Because Vogue is a well‑known brand, it would be enough if the name Dogue, which is clearly being used commercially to market a publication, triggers a mental link with Vogue and, as a result, either free‑rides on its reputation or tarnishes it by virtue of that association. Using a parody as your brand name can be high risk, and defending any resulting litigation is definitely not for the faint‑hearted.”
TOPIC: Local Government re-organization
COMMENT BY: Hannah Payne, Senior Associate, Browne Jacobson
“Westminster will view these decisions in Essex, Suffolk, Norfolk and Hampshire as a major milestone in its local government reorganisation agenda at a time when it has faced challenges in implementing plans in some parts of the country.
“However, populations in 12 of the 15 proposed unitary authorities are substantially under the 500,000 mark it said were required for new council areas, representing a significant step back from the government’s initial position on this issue.
“While the essence of local government reorganisation is about streamlining council functions and sharing resources, an outcome of five unitary authorities in both Essex and Hampshire feels like a row back on the ambitions of large-scale authorities. Three of the four areas also feature boundary changes, despite government initially indicating this would be the exception rather than the norm when creating new unitaries.
“Diverging local identities between rural and urban areas appears to have been one of the key barriers to establishing the larger unitary authorities initially anticipated.
“With these counties being among the priority areas for local government reorganisation, and a decision on Sussex’s future delayed until the summer, the challenges encountered suggests that identifying a suitable way forward for new unitary authority areas may require further thought.
“In addition, we understand some areas have contemplated judicial reviews if decisions didn’t align with their objectives, so the reactions to these decisions will be interesting.
“Local government reorganisation remains a very bold plan, however, and creating some certainty about what this policy look likes enables these areas – and others that will follow – a roadmap to make a success of this policy.”
TOPIC: Sir Benjamin Slade’s divorce battle over £1.2m trust fund
COMMENT BY: Denise Findlay, Partner, Family team, Birketts LLP
“This case is a reminder that divorce settlements reached many years ago can still give rise to disputes, particularly where trusts and property rights are involved. A right to occupy a property for life is legally very different from outright ownership or an entitlement to the sale proceeds, and the court will be slow to rewrite arrangements that were clearly intended to be final.
Referring to this as ‘her’ trust fund risks blurring an important legal distinction. Being a beneficiary of a trust is not the same as owning the underlying assets. If the original divorce settlement granted only a lifetime right to live in the property, the court is unlikely to treat that as an entitlement to force a sale and access the proceeds.
Much will depend on the precise wording of the original settlement and trust documentation, but the case underlines the importance of careful drafting in financial orders on divorce, so that intentions are clear and costly disputes decades later can be avoided.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
EXCELLO LAW
Tracey Miller has joined fee-share law firm Excello Law as a partner in Liverpool.Well -known as a leading local family lawyer in the area Miller had worked with Morecrofts and Canter Levin & Berg before setting up Tracey Miller Family Law in 2009. This specialised in high net worth divorces and complex financial settlements and Miller was regularly involved in advising on cases with values running into the millions involving substantial assets including property portfolios, business interests and pensions. Her clients had included former professional footballers and expatriates with assets in multiple jurisdictions.
Commenting on her latest career move Miller said, “I chose to work with Excello on account of their excellent reputation. Having run my own practice for many years, the opportunity to continue using those skills while working within Excello’s flexible and supportive structure was very appealing.”
Excello’s growth across the UK and the USA (plus the UAE) has continued over the past year with the recruitment of 45 new partners in 2025 and an an increase of 26.6% in year-on-year turnover.
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