Edward Fennell’s LEGAL DIARY

8 May 2026

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

Editorial Contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: LAST ORDERS?

Remember the date – Friday 8 May 2026. It might be the opening of a new order. On the one hand there is the arrival of REFORM as a major player (maybe THE major player) on the UK political scene. On the other is the news that three major law firm heavyweights – Paul Weiss, A&O Shearman and McDermott’s – are shedding jobs wholesale. Add into that (indeed, partly a cause) the relentless rise of AI and you have a recipe for – what exactly?

The future is always unpredictable but seems even more uncertain than usual, The only thing we can feel confident about is that civilised society needs the law. A new political Establishment locally and, who knows, nationally could radically change the law.  But whether society will need lawyers in the same way or number must be increasingly doubtful. Maybe John Balsdon, the record-breaking ‘Cape-to-Cape’ lawyer (see story below) can offer hope to others in the profession.

The Legal Diarist

In this week’s edition

Legal Diary of the Week

CITY LAWYER TURNED CAPED HERO

OFFICE IN A POCKET

SHOWDOWN AT THE SRA

MERGERING ON

Contributed Article of the Week

SHAREHOLDER ACTIVISM: WHAT’S TO BE DONE? by Lucy James

Legal Comments of the Week

on sacking at Sainsbury;s, cyber security and ‘John Lemon; Beer.

Legal Appointments of the Week

at Kennedys and Haynes Boone

LEGAL DIARY OF THE WEEK

CITY LAWYER TURNED CAPED HERO

Whatever else might be going wrong in the world right now we are at least in a period of uplifting record breakers. From sub-two hour London Marathon runners to the new record for the 20,000km ‘Cape to Cape Road Challenge’, people are moving faster than ever before.

The leader of the latter undertaking – regarded as one of the world’s most challenging long-distance driving events, from its start in Norway to the finish in South Africa -was former Latham & Watkins,  Herbert Smith and Clifford Chance lawyer, John Balsdon.

Following more than thirty years in the City, Balsdon had taken the brave decision to step away from it all to become a fine art photographer (under the styling ‘Always Look Twice’) and a global explorer. The fact that he also succeeded in breaking a long-standing record for the epic Cape-to-Cape journey – set eight years before John had embarked on his legal career! – was very much the cherry on top. “I didn’t come from any money, and I just decided that for the rest of my life, I want to do something that I want to do,” Balsdon explained. “I made sure my family was fine, and now I just want to do this!”

Among the multiple achievements of Balsdon and his team were:

• becoming the first team to complete the route via West Africa
• the first to finish with two vehicles driving as a convoy

• the first to complete the challenge towing an expedition trailer

• and crossing 25 borders with no flights, shortcuts or support vehicles.

The grand finale to the trip was to drive pretty much non-stop for 3500 kilometres in just over two days to beat the previous record by five hours.

If that sounds like the ultimate all-nighter to M&A lawyers they might have a point. But then as Balsdon emphasises, “The biggest risk in life is doing nothing at all.”

OFFICE IN A POCKET

Another week, another advance in legal technology. The latest game-changer is the Bedrock Case Management Mobile App from Rock Management Services (Rock MS) which aims to provide the legal industry with ‘administrative support on the move’.

“Built to support the way modern law firms work, the app brings key case management functionality into one secure, easy-to-use platform, helping legal professionals access matters on the move, reduce duplication, and work more efficiently – whilst away from their desk,” says Judy Matthews, Managing Director at Rock MS who points out that the goal is to ‘help firms manage clients, matters, accounts, compliance, and HR all in one place’.

“This is an exciting time for us all at Rock MS,” claimed Adam Makepeace, the Rock MS Software Development Lead.  “Launching the Bedrock phone app for both Android and Apple devices is a milestone in how we can help support our clients. We have delivered a range of functions that align directly with the workflows in the main software. Attendance notes, adding documents to matters, saving emails and attachments to files are all now easy to do directly from a hand-held device. Reviewing, editing and updating tasks and appointments, including appointments in shared calendars can also be done from the app – bringing particular benefits for people needing to collaborate in real time when dealing with busy court or police station environments.”

On the face of it this could be a major time-saver given that its functions include the ability to create attendance and telephone notes; record calls; access emails with the possibility of viewing, filtering, searching, moving and saving. It can also upload documents and attachments and access the planner and calendar. After all that, who needs an office at all?

SHOWDOWN AT THE SRA

The name ‘Ince’ is an honoured one for legal historians and so for those of us (like the Legal Diarist)  who came across it in the context of ‘new kid on the block’ Axiom it always seemed a bit odd. But things were moving fast in the legal biz and anything seemed possible. Sadly it went badly wrong at Axiom Ince (as the merged firms were called) and, as has been widely reported, fingers are now being pointed at the  performance in the affair  of the Solicitors Regulation Authority (SRA),

The Legal Services Board (LSB) is now on the case and has just asked the SRA to commission an independent external audit to assess and evaluate its compliance with Directions previously issued to it. But Axiom Ince is not the only concern. The failure of PM Law Limited is also on the list of concerns  with a calculation that the combined cumulative loss of client money across both cases stands at around £100M.  Other significant failures are also not being ruled out.

All of which means that the SRA is now seriously under scrutiny. The next step is that the SRA Board has  been asked to appear at an in-person meeting with LSB Board before the end of this month, to provide assurance, that it has the necessary expertise and oversight approach to ‘Deliver the urgent reform needed to address the challenges and complexities in the sector’.

“The LSB’s primary concern is consumers those who have already suffered harm and those who remain at risk,” explained Monisha Shah, Chair of the Legal Services Board, “People must be able to use legal services with confidence that effective regulation is in place to protect them, particularly from loss arising from alleged criminal activity.”

So sad, one might think – but how much worse might it get?

MERGERING ON

The onward and upward drive at HP, as frequently covered in the Legal Diary, does not stop.

The firm is now en route to acquiring Hempsons  a significant firm in the health, social care and charity sectors. This will of course be subject to SRA approval so, viz. the  story above, a thorough review can be expected.

Assuming it goes through HF will be taking on and fully integrating around 250 employees in 5 offices across the country. The big incentive is that it will enable HF to expand into new specialisms and sectors as well as growing existing areas of expertise. Meanwhile it is claimed that Hempson’s clients will gain by virtue of HF’s ‘scale, innovation and technology-enabled solutions’.

 “This is a key strategic acquisition for us which puts us at the forefront of new sectors and specialisms as well as enhancing our expertise in the areas where we already operate,” said  Ronan McCann, CEO & Managing Partner of HF. “ We’re excited to provide an even greater service for all our own clients through these new specialisms.  Hempsons’ pedigree is unquestioned, they have the most exceptional lawyers in their sector, and overlaying our technology-led approach, we believe Hempsons, like HF, will expand significantly in the coming years”

 For his part Graham Lea, Managing Partner of Hempsons, observed, “We’re looking forward to continuing to work with our clients in the same personal, proactive way with the added benefits of first-class legal sector innovation and a broad range of additional areas of expertise.”

Win-win? One hopes so. Your move now SRA.

CONTRIBUTED ARTICLE OF THE WEEK

SHAREHOLDER ACTIVISM: WHAT’S TO BE DONE? by Lucy James

In the last year, there has been a reported increase in shareholder claims issued in the High Court of England and Wales and shareholder activism generally. Factors include challenging financial conditions affecting company performance, from major investors looking to maximise their returns to activist groups pursuing ESG agendas. In family-led businesses, claims can involve a power struggle between family members leading to a fall-out.

There are a number of potential actions that can be taken by minority shareholders to challenge the way in which a company’s affairs are being run, including:

• Using the legal framework of the Companies Act 2006 (CA 2006) to requisition general meetings, propose resolutions and remove directors;
• Pursuing a derivative action against a director (on behalf of the company) under section 260 CA 2006 for negligence, default, breach of duties or trust; and
• Petitioning as a minority shareholder for relief under section 994 CA 2006 on the grounds that the affairs of the company are being or have been conducted in a manner that is unfairly prejudicial to members (or some of them).

From the company or majority shareholders’ perspective, how it manages these potential challenges (particularly with shareholder activists) can the involve proactive monitoring of shareholder activity, understanding their concerns and effective communication strategies.

Where matters become more complex still is where a business involves a corporate structure spanning a number of jurisdictions. For directors and shareholders alike, this involves navigating different legal systems and company legislation. Taking early local legal advice is essential in developing a coherent strategy, following the relevant conventions and legal procedures that apply. For example, some offshore jurisdictions (such as the BVI) offer shareholders similar remedies such as the ability to petition for unfair prejudice, whereas in civil law jurisdictions, shareholder rights can be more directed towards issues of corporate management, such as the institution of an audit. A joined-up strategy which establishes the most effective legal routes to take can pay dividends (both in theory and reality).

In circumstances where competing jurisdictions are involved but there is essentially a central dispute (such as a family member being excluded from the management of a company and being denied key shareholder rights), the strategy should involve consideration of alternative dispute resolution as a way of achieving a global settlement. Mediation can be a relatively quick and cost-effective method of resolving these disputes, offering greater flexibility as to the issues to be mediated (whereas the courts in each jurisdiction will be constrained by the specific causes of action available as a matter of the relevant company law) and the outcome ultimately agreed. As a confidential and without prejudice process, it also has the advantage of such disagreements not being aired in public.

Lucy James is a Partner and National Head of Commercial Litigation at Trowers & Hamlins

LEGAL COMMENT OF THE WEEK

TOPIC: The case of Sainsbury’s worker, Gary MacArthur who has been sacked for tackling a ‘Champagne thief’

COMMENT BY: Adam Haffenden, Partner and Head of Dispute Resolution, TV Edwards

“There’s a tension between common sense justice and corporate risk management.”

“Retail staff are often dismissed for intervening in shoplifting because companies prioritise safety and liability over recovering goods. From an employer’s perspective, one risky confrontation can cost far more than the stolen stock.

“Legally, employers are usually within their rights if clear policies tell staff not to intervene and those rules are broken. Ignoring safety procedures can be treated as misconduct, especially where there’s a risk of harm.

“Ethically, it’s more complicated, people instinctively want to stop wrongdoing, but expecting low-paid staff to take physical risks raises real fairness concerns.

“What happens next depends on the circumstances, some workers may challenge dismissal through an unfair dismissal claim, particularly if the punishment seems disproportionate or inconsistently applied. But success often hinges on whether the employer followed a fair process and had reasonable policies in place.”

TOPIC: The report by the Department for Science Innovation and Technology that just over four in ten businesses (43%) and around three in ten charities (28%) have experienced a cyber security breach or attack in the last 12 months

COMMENT BY : Wayne Cleghorn, Data Protection and Cybersecurity Partner, Excello Law

“Focus on phishing – all types of phishing,  is the resounding message to businesses and security teams. Phishing attacks are currently the most common and disruptive types of cyber attacks.

“Impersonation attacks have fallen. This may be because of the rise in Zero Trust IT architectures, more multi-factor authentication and better staff training and awareness.

“Much more work is needed on supply chain cyber risk management. Less than 10% of businesses and charities report ongoing improvement work in this area. This is a major gap.

“Work on AI systems cybersecurity is also lagging, across the board. This should rise as businesses move from AI as innovation-add-on to AI are core business enabler.”

TOPIC: The case involving Yoko Ono and ‘John Lemon’ beer

COMMENT BY: Maria-Christina Peyman, Head of Intellectual Property and Partner in the Dispute Resolution Team,  Birketts LLP

“The approach by Ms Ono to the brewer of ‘John Lemon’ beer is a reflection of her branding strategy and to maintain a rigorous enforcement of her trade marks. This is understandable – after all, why have trade marks if you do not seek to enforce them?

The use of names for beers – including temporary or seasonal names which are ‘puns’ or a play on words/sayings – is not uncommon. This case highlights the need to be aware that where wordplay impacts a third party’s trade mark or a celebrity’s name, then it does run the risk of being brought to their attention and them then taking steps to stop the use. The fact that it is only used for one type of beer, or even a new seasonal beer, will not necessarily lead to it being ignored.

For small entities or those using a name for a short production run or seasonal product, the threat of trade mark litigation is not something they want or indeed can afford to even embark on. The cost of defending a position is high – as can be the potential losses if one then loses.  

L’Imprimerie’s approach to seek to negotiate a sell through of existing stock with a commitment to a future move away from the brand name is a sensible one and often seen. It enables damage limitation and to try and mitigate loss to the alleged infringer.

As to why this approach is attractive to the party asserting their rights, that is also often time and cost, as well as mitigating litigation risk. Litigation takes time and therefore agreeing a period for sell through of existing stock or time to rebrand in exchange for a commitment to rebrand can result in a quicker removal from the marketplace and under your own terms. It will also ensure limited legal costs.

While often used as a first step on receipt of letters of enforcement it will not always be taken up – an aggressive brand enforcer may not want to agree this approach preferring immediate withdrawal and cessation of use. It will always be fact specific as to whether this approach is appropriate and will also depend on the size and impact of the alleged infringer. 

In this instance, as with many, the press got hold of the story and raise the profile of an otherwise relatively unknown product. In doing so it has enabled L’Imprimerie to sell through its stock quickly and within the agreed timeframe – and with some free global marketing for the brewer!”

LEGAL APPOINTMENTS OF THE WEEK

KENNEDYS

Lowri Jones is joining Kennedys as a partner in the firm’s in corporate transactions department. Formerly with Cripps her practice has focussed on advising insurance intermediaries and other regulated businesses on mergers and acquisitions, investments and corporate advisory matters. She is particularly experienced in supporting clients through efficient and effective deal processes as part of an acquisition journey. She has closed more than 100 deals in the insurance and financial services sector.

Andy Brown, global co-head of Kennedys’ corporate and commercial practice and UK divisional head, says: “The continued growth of our corporate and commercial practice is a strategic priority for the firm. Lowri brings a plethora of experience guiding insurance intermediaries through sophisticated M&A activity. Her appointment further deepens the breadth of experience we can offer our global clients.”

Lowri Jones added, “With the firm’s deep understanding of the insurance sector, international reach and growing corporate and commercial capabilities, Kennedys provides an exciting platform to support clients across transactions and broader corporate advisory matters. I am excited for what lies ahead.”

HAYNES BOONE

Philipp Kurek is joining Haynes Boone as a partner in its London office. Previously with Signature Litigation, the boutique disputes practice, where he was central to the firm’s international arbitration practice, Kurek’s practice spans both investor-state arbitration and cross-border commercial arbitration. He has represented clients across Latin America, Europe, Asia, the Middle East, Africa and the United States in a wide range of industries, including energy, infrastructure, telecommunications, financial services, pharmaceuticals, technology and aerospace. His focus is on disputes under the ICSID and UNCITRAL rules, as well as in commercial arbitrations conducted under all major institutional rules.

Kurek will now work closely with Haynes Boone’s global disputes teams, including the firm’s Latin America practice and Mexico City office. “Philipp’s arrival reinforces our continued investment in capabilities that are critical to our clients and augment our existing strengths,” said London Office Managing Partner Nick Davis. “His track record in investor‑state arbitration and complex disputes adds depth to our team and enhances how we support clients in arbitrations.”

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