Edward Fennell’s LEGAL DIARY

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

10 July 2026

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK:BOOK OF JUDGES

Even if you have no interest in football the controversy over the honesty of the referees at the World Cup is revealing and significant for the wider world.

Immense discretion is placed in the judgement of the referee – for example, to award a Red or Yellow card or to ignore an incident entirely. And while VAR, the video evidence, helps somewhat it often leads to long delays as the operators debate what did or did not happen on the pitch.

It was Donald Trump who first floated the idea that a referee might not be entirely honest and now rumours are spreading like wildfire – especially in connection with Argentina.

Without trustworthy and competent referees football as a commercial global phenomenon cannot flourish. The same applies to our judges and the processes of the civil and commercial courts. So, it’s a tough job being a judge or a referee – only for the best of the best.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

Not Quite Gray’s Elegy

A New Legal League Table for Our AIge

Making the Cut in the Cotswolds

Avoid Going to Penalties with Thackray Williams

French Connection

+ CONTRIBUTED ARTICLE OF THE WEEK

Has the London ‘Magic Circle’ lost its magicians’ touch? asks Tony Williams

+ LEGAL COMMENT OF THE WEEK

Priorities for the incoming PM, Taylor Swift’s latest IP case, ‘less healthy food’, Britvic IP dispute, OFCOM and Virgin Media, Harry Lambert’s family dispute

+ LEGAL APPOINTMENTS OF THE WEEK

Katten Muchin Rosenman UK LLP and Burges Salmon

LEGAL DIARY OF THE WEEK

Not Quite Gray’s Elegy

It was the end of an era last week when long-standing legal PR and marketing specialist Paul Gray retired from Brick Court.

Gray brought elegance and incisiveness to chambers’ messaging and thereby helped his barristers adapt to the new world of media heavy litigation.

Until the late-1980s any kind of self-promotion by lawyers was absolutely banned – it was regarded as compromising the dignity and the confidentiality of the profession. So when the rules were progressively relaxed it was helpful to be guided by people who had won their spurs outside of the law – as happened to Paul Gray.

“I was very fortunate to move into the commercial property world in the 1990s where I cut my PR and marketing teeth, first on the surveyors’ professional body (RICS) followed by two large consultancy firms,” he explains. “In 2011 I changed direction [thinking that] the legal sector was then a bit behind the other professions in marketing and especially PR. I joined a small City firm for a couple of years where I learned the art of the possible – often impossible when partners were sceptical about co-operating with PR initiatives! But it introduced me to the legal press, and how to persuade solicitors to begin to embrace PR.”

From there it was a short step into chambers. “In 2015 I was approached about the head marketing role at a ‘magic circle’ set of chambers – the famous Brick Court,” he explains. “I knew little about barristers – let alone how they marketed themselves and communicated what they did. It had only been a relatively short time since they had been permitted to advertise and publicise themselves, so at my interview at Brick Court I trod carefully as some more senior silks still regarded ‘touting’ (as they called it) as distasteful. I was offered the job and gladly accepted the challenge – it turned out to be the best of my career.”

Gray goes on to say that he had three goals – to establish a key client management programme; to hold top quality conferences, seminars and social events; and to create a PR and communications process from practically a standing start. That has succeeded gloriously over the past decade. Brick Court is, of course, a stand out set – maybe THE stand out set – and its PR matches that.  Gray’s successor -Shirin Hamidi – is stepping into big boots.

A New Legal League Table for Our AIge

Fascinating figures have come out of research published this week by Legmark in conjunction with Black Letter Law into the standings of the ‘top’ 250 law firms in the UK based on perceptions provided by AI.

Perhaps the most striking finding is that despite – or maybe because of – the technological revolution we have experienced in the last decade the make-up of the elite group of firms is, well, unchanged.

Ever since the 1980s (and probably before that) there was a comfort in having a ‘Magic Circle’ of half a dozen leading firms – Clifford Chance, Slaughter & May, Freshfields, Linklaters and Allen & Overy (for more see Tony Williams’ contributed Article below) – at the top of the hierarchy. And, amazingly, according tothe league table developed byLegmark’s ‘AI Reputation tool’, even in this new age of AI there they still are (along with Hogan Lovells).

Legmark uses clever tech to evaluate each firm’s publicly available digital signals across five categories -authority signals, review sentiment, brand visibility, specialism clarity and risk exposure. On all of these the traditional leaders did very well. However, it was outside that super-group that the surprises came with the next top spots being taken by Carey Olsen, the offshore law specialists, ARC Pensions Law and Wendy Hopkins Family Law reflecting the savvy use of the Internet and demand for new kinds of expertise.

The point is that in this brave new world law firms have to re-appraise how they present themselves to the virtual world. A firm like Simmons & Simmons, with a great historical track record, probably feels that it should be coming in higher than No. 171.And where was Herbert Smith Freehills Kramer?

As the guide’s editorial comments, “Most firms built their digital presence for human readers and search engines. AI evaluates firms differently: it looks for consistent, corroborated signals across multiple sources, so a polished website is not enough on its own if it is not backed by reviews, directory presence, media coverage and clear specialism signals AI can independently verify. This is why some surprising names sit near the top of the table. They may not be the biggest or have the most impressive websites, but they hit these notes consistently well.”

(A prime example of this is the relatively small – but very upmarket – family law firm Hughes Fowler Carruthers which comes in at No. 48. Someone there knows what they are doing.)

For more go to https://blacklettercommunications.co.uk/insight

Making the Cut in the Cotswolds

With cuddly Andy Burnham just a short step away from Number 10 can we expect to see even more of the world’s wealthy be packing their bags to defect to other more accommodating tax regimes?

One would have assumed so but there may be exceptions. Among them it seems are Americans who can’t get enough, apparently, of the comfortable Cotswolds.

Despite what you might have read elsewhere the allure of that magical area between Oxford and Cheltenham has retained its allure for State-siders who wish to put down roots elsewhere according to a newly released ‘white paper’ from The Luxury Collective Global Advisory (TLCGA) in collaboration with Boodle Hatfield LLP.

“For many, the Cotswolds represents both a lifestyle opportunity and a long-term asset, but it is also a market that requires careful legal and strategic planning,” says Saskia Arthur, co-author of the report and Partner and Head of Residential Property Law at Boodle Hatfield LLP, “This report has been designed to support that decision making from the outset.”

The report pins down a number of key factors that international buyers need to be aware of when purchasing in the Cotswolds. These include, for example, the vagaries of house-purchase in England including non-binding early offers, hidden legal restrictions, planning and heritage controls, the region’s complex rural infrastructure, and cross-border tax exposure. The paper illustrates how the most successful acquisitions combine ‘careful due diligence, strategic ownership structuring, and a thorough understanding of the United Kingdom’s conveyancing process to ensure buyers secure the right property on the right terms’.

 “The Cotswolds market rewards preparation,” said John Eric, Director, TLCGA. “Understanding the legal framework, ownership structures, and planning considerations before you commit is not caution. It is strategy.”

Avoid Going to Penalties with Thackray Williams

As the world is going a little football crazy right now we are pleased to report that Thackray Williams has been shortlisted for ‘Best Legal Team’ in the Global Football Industry Awards 2026.

Thackray Williams are, it must be admitted. a relative newcomer on the football legal pitch. They are, you might say, the Cape Verde of the footballing law world. But their sudden impact is all down to Lewis Glasson who set up the firm’s Sports Sector to “offer affordable legal expertise to athletes and clubs at all levels.”

Of course, these Global Football Industry Awards are themselves newbies being now in only their second season. However with high profile Premier League veterans Jamie Carragher and Peter Crouch at the sharp end of the awards event it’s no surprise that they are gaining cut-through.

“To be finalists in these global awards is an amazing achievement and shows that Thackray Williams has quickly established an enviable reputation as a leading law firm for both athletes and clubs in the football industry,” comments Lewis Glasson. “We are very grateful that our Sports Law team has been recognised by our peers in the industry as being amongst the best in the business as we grow nationally and globally.”

Without question Glasson is a man on a mission as football continues to grow apace. But right at the bottom of the league pyramid smaller clubs are struggling to operate in a professional way – and that’s what Thackray Williams is determined to remedy.

“For too long, legal expertise has been the preserve of the elite,” explains Glasson. “Thackray Williams has proved there is a gap in the market for affordable but quality legal advice for all athletes and clubs navigating the increasingly complex sports industry.”

The winners of the Global Football Industry Awards will be announced at a gala evening in London in November. Let’s hope that by that date there will be some other England football silverware might on display as well.

French Connection

To mark the arrival of the Bayeux Tapestry back in England and our new entente amicale with our French friends we are delighted to feature the work of Véronique ‘CASSOU’ Noel who has developed a strong line in featuring the world of the law, the court-room and, of course, the crazy lawyers.

“If I passionately persevere in depicting the law, the world of justice, it is undoubtedly because I see this as a crucial issue,” says Cassou. “No human society can do without a system that defines the limits of what is permitted within the community and enforces the laws. Beyond the essential importance of law in society, I harbor a fascination for the sacred theater of the judicial world. This is, of course, a theater, clearly, with the courtroom as its stage, its fine costumes, its props, its principal actors and supporting roles, its audience, its code of procedure, the dramaturgy of the pleading, etc. The sacred nature of this theater is perceived in the magistrates’ entrance: “The court!” It is an entry of the sacred into the courtroom. Similarly, the oath “I swear” binds the witness to a higher truth. The robes of the magistrates and lawyers are like priestly vestments, imbued with a sacred function. The verdict itself has an official, almost divine character: “the authority of res judicata.”

To see more of Cassou’s work go to: www.art-cassou.com

CONTRIBUTED ARTICLE OF THE WEEK

Has the London ‘Magic Circle’ lost its magicians’ touch?

asks Tony Williams

Until the early 2000s the UK Magic Circle firms consistently took leading spots in UK, European and most other M&A deals tables excluding the US. But since the financial crisis their grip on these leading positions has become more tenuous. The US stock market has been on fire, fuelled by tech stocks and now AI businesses achieving stratospheric valuations. 15 years of ultra-low interest rates and high liquidity has enabled private equity and other alternative investors to reign supreme. Some US firms have ridden this wave especially well and recycled the profits, earned from these big transactions and US clients’ willingness to pay, into developing their international presence with star players in a strategic number of locations, especially London.

The effect of this on the UK firms has been dramatic. Faced with the loss of star partners they were forced to modify to death their cherished lockstep partner remuneration system. They became much more performance focused and paid greater attention to profitability. Some of their less strategic international offices were closed and others deemphasised. Partner exits on performance grounds became normality.

But these changes proved insufficient. The US is quite simply too big and profitable a legal market to allow firms without a significant presence there to compete with US firms globally. The UK firms are responding, A&O merged with Shearman Sterling and Clifford Chance, Freshfields and Linklaters have been undertaking sustained campaigns of lateral hiring. Unfortunately, in such a competitive and mobile market a lateral approach is expensive and has mixed results but, in the absence of major US firms willing to merge, it is the only credible option. Fortunately, to some extent the lateral hiring pressure on London firms has abated but only because many US firms have now built their bench strength and are now leading London operations in their own right, with London revenues of up to $1bn

So what does this mean for the UK magic circle? As a global premier league of law firms emerges the Magic Circle are desperately trying to make the cut. Their success in the US will determine whether they can succeed.

Tony Williams is a strategic advisor to the legal sector

See him interviewed at https://www.youtube.com/watch?v=EQo0zcDXAK8

LEGAL COMMENT OF THE WEEK

TOPIC: Priorities for an incoming UK Prime Minister 

COMMENT BY: Frederick Bjorn, Managing Partner and private client lawyer, Payne Hicks Beach

“A new Prime Minister could move quickly on tax, but the priority should be certainty, simplicity and growth.

“The current rules are incredibly complicated for all levels of wealth and often unnecessarily so.

“Getting rid of historic rules which continue to affect clients and advisers, but have no real economic benefit, would be a good start.

“The danger is that uncertainty around a possible wealth tax, changes to inheritance tax gifting rules, the abolition of gifts out of excess income or a CGT exit charge changes behaviour before anything has even happened. Extreme tax changes can cause individuals to leave the UK unwillingly, and can create paralysis if people are unwilling to deploy capital because of upfront tax costs.

“One recent case of mine shows how quickly this can become a real-world issue. A client held £1bn of shares in a family company which had been protected from inheritance tax under the old rules, before 6 April 2025. Under the new rules, remaining UK resident would have left his family facing a potential £400m inheritance tax exposure if he died. In practical terms, he felt forced to cease UK residence to avoid an impossible position for his family. This was someone who was contributing significantly to the UK economy and tax base.

“That is the sort of outcome an incoming Prime Minister should be trying to avoid. 

“Instead, the focus should be on:

• Keeping economically valuable individuals and families here, encouraging others to come, and making it possible for businesses, including farms, to pass to the next generation without unrealistic tax charges. Some form of deferral, crystallising on a sale, seems the most logical approach. 
• He should also incentivise investment into businesses, including from foreign investors, and widen tax breaks for apprenticeship schemes. If the UK wants to grow the economy and support businesses, it should be encouraging wealthy individuals based abroad to come here on a favourable regime for more than just four years. That would bring spending and investment into the UK, and would help put the UK back on the map. He should look to the Italian model.”

TOPIC: The failed case brought by poet Kimberly Marasco over alleged theft of her words by Taylor Swift

COMMENT BY: Graeme Murray, trademark attorney, Marks & Clerk

“Taylor Swift continues to fight IP battles on several fronts and has this week succeeded in defending a copyright claim in the USA, which was also directed against Aaron Dessner, Republic Records and Universal Music Group.

The claim was brought by poet Kimberly Marasco and alleged that more than a dozen of Swift’s songs copied lines from her poems.

It was held that the works in question only shared common elements that extended to “basic ideas and themes”, “ubiquitous metaphors”, “isolated common words and short phrases”.

None of the works were substantially similar and the case failed. This highlights the difficulty in claiming originality and copyright in short phrases, single words or concepts. Literary works must be sufficiently original and sufficiently substantial to enjoy protection. Furthermore, the case also highlights that if literary works are not substantially copied then it will always be difficult to succeed in copyright claims.”

TOPIC: The Advertising Standards Authoritiy’s latest rulings under the new ‘less healthy’ food and drink advertising rules

COMMENT BY: Iona Silverman, Partner specialising in consumer, advertising and marketing law, Freeths

“These latest ASA rulings are a timely reminder that the new less healthy food advertising restrictions are now being actively enforced. The rules are far more nuanced than many businesses realise and apply not only to traditional food advertising, but also to influencer campaigns, paid online media and brand-led marketing that features identifiable products. Brands should not assume that an advert is compliant simply because its primary purpose is to promote the business rather than a specific product. It was notable that the M&M characters constitute indefinable less healthy foods (!) and that Dominos and KFC sell foods that don’t fall into the “less healthy” category. Businesses marketing food and drink products should not make assumptions: they need to understand whether their products fall within the ‘less healthy food’ regime and seek advice if they are unsure about the brand exemption. The cost of getting it wrong can be significant from both a regulatory and reputational perspective.”

TOPIC: The copyright dispute involving Britvic and the Robinsons family over an alleged infringement of an image of a ‘glamping’ cabin.

COMMENT BY: Iain Connor, Intellectual Property Partner, Michelmores

“Claims enforcing photographers’ rights have been democratised by the small claims track of the UK’s Intellectual Property Enterprise Court (‘IPEC’) which provides a low cost route to stop infringement and get damages.  This means claimants can bring a claim with very little downside risk in terms of adverse costs awards.

“Online search tools make finding infringing content really easy and so anyone using an image without a licence is at risk of a claim from one of very many ‘licence compliance’ organisations which usually demand somewhere in the region of £500 to £1,000 per photo.

“In defence, first Britvic is asking the Robinsons to prove that they have title to the photo (which should not be too difficult for the claimants) and second that authorisation to use the photo was not required.  Both defences seem doomed to fail especially since Britvic admits using an image, it is impossible to see how Britvic has any chance of demonstrating that “claimant’s ‘authorisation’ was [not] required”; this is copyright 101.

“What makes this claim interesting is that it appears that the claimants want compensation relating to the underlying business featured in the photo rather than a licence fee for the use of the photo.  The Claimant will say that as they don’t licence photos for a living (unlike professional photographers) there is no benchmark licence fee for the use and so the claim must relate to the harm to their glamping business.  This is where Britvic might do a little better in defending the ‘quantum’ of the claim at the level demanded by the Robinsons.  However, ultimately Britvic will have to pay something to the Robinsons.”

TOPIC: Penalties handed out by Ofcom to  Virgin Media for repeatedly preventing customers from cancelling contracts

 COMMENT BY: Iona Silverman, Partner and consumer law specialist, Freeths

“The fine issued to Virgin Media shows how seriously the regulators are taking breaches of consumer law. The CMA now also has the power to issue fines of up to 10% of group global turnover, and we are likely to see them issue fines of a similar level for failure to properly manage subscription contracts when new rules come in in Spring 27. In the meantime brands should take a good look at their reviews policies, how they present pricing and at the environmental claims they are making as those all present major risk areas.”

TOPIC: The dispute between financier Harry Lambert and his father over £2m family fortune

COMMENT BY:  Kate Harris, Partner,Private wealth disputes team, Birketts LLP

“This case is a stark reminder of the risks that can arise when significant family arrangements are made on the basis of informal assurances rather than clear legal documentation.

Although the court has yet to determine the merits of the underlying claim, the dispute highlights a number of recurring themes we see in private wealth and inheritance litigation. Adult children often make major life decisions, such as giving up employment, relocating, or providing care for elderly relatives, in reliance on what they believe to be promises about future financial security or inheritance. Difficulties arise when those expectations are not clearly recorded and family members later have very different recollections of what was said.

One of the key lessons is that families should not assume that good intentions or verbal understandings will avoid future conflict. Where a family member is providing care, making financial sacrifices, or giving up independent accommodation, it is sensible to have open discussions and record the arrangement in writing. This can help manage expectations and significantly reduce the scope for costly disputes later.

The case also demonstrates the potential tension between lifetime promises and testamentary arrangements. Even where a will leaves assets to a particular beneficiary, claims can arise if another family member argues that they acted to their detriment in reliance on assurances that they would receive a share of family wealth. Such disputes are often highly fact-sensitive, emotionally charged, and can consume substantial family resources.

From a wealth planning perspective, this matter underlines the importance of ensuring that wills, property ownership structures and wider succession plans are regularly reviewed and are consistent with any commitments made to family members. A failure to align those arrangements can create fertile ground for litigation.

Perhaps most importantly, this case serves as a reminder that family disputes are rarely only about money. They often involve issues of care, dependency, housing and long-standing family relationships. Early legal advice, clear communication and careful succession planning remain the best tools for preventing disagreements from escalating into public and costly court proceedings.”

LEGAL SECTOR APPOINTMENTS OF THE WEEK

Katten Muchin Rosenman UK LLP

Charlotte Hill (left) has joined Katten Muchin Rosenman UK LLP as a partner in the firm’s London, Financial Markets and Regulation practice. Previously with Charles Russell Speechlys, Hill provides international regulatory counsel on fintech and other financial services matters for clients including fintech and crypto firms, investment and asset managers, investment platforms, crowdfunding platforms, payment services providers, e-money issuers and banks.

Already in her career Hill has been shortlisted in the ‘Woman of the Year – FinTech/Crypto’ category of Citywealth’s International Powerwomen Awards. She is regarded as being a thought leader who offers commentary and analysis on regulatory developments related to financial markets, digital assets and cryptocurrency.

“We’re delighted to welcome Charlotte at a time of targeted growth in London,” said Christopher Hitchins, London Managing Partner. “Her years of experience with the frameworks administered by various UK regulators including the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), as well as EU directives and regulations that continue to shape cross-border financial services, will strengthen our already very established capabilities.”

Burges Salmon

Jessica Reed has joined Burges Salmon as a Partner in the firm’s London office. Her appointment is designed to strengthen the firm’s funds, financial services, ESG and private wealth capabilities,

Previously with Farrer & Co. where she led its Asset Managers and Investment Funds sector, Reed is a funds and financial regulatory specialist with significant experience advising firms on UK and European regulatory frameworks. She has advised extensively on ESG regulation, including UK SDR, SFDR and TCFD reporting obligations, and has assisted funds in obtaining UK sustainability labels. She also has significant experience of advising within the retail financial services and private wealth space. She has advised wealth managers, banks, platforms, payment service providers, corporate advisory firms, placement agents, charities, endowments and high net worth individuals on all manner of contractual, transactional and regulatory issues.

“Jessica’s appointment reflects our continued investment in the financial services sector and our ambition to build a market-leading, full-service offering for clients,” said Martin Cook, partner and Head of Financial Services at Burges Salmon. “Her experience and reputation in the market will be a strong addition as we continue to grow this important area of the firm.”

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