Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
7 August 2026
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK: KEEPING AI UNDER LOCK AND KEY
There are renewed stories this week that fewer trainees are being recruited by law firms because their work is being taken over by AI. But that is not the only alarming news. According to the Government’s ‘AI Security Institute’ (AISI) unusual data transfers have been detected leaving its research systems during a routine cyber evaluation. “On investigation, we found that some of the agents being tested had engaged in sustained, potentially harmful activity directed at real people and organisations,” explained AISI.
According to some experts this incident could lead to the first criminal charges being brought against AI companies (or, indeed, their executives) for violation of various laws, ranging from anti-hacking legislation to trade secret protection laws. Plus there could be multi-million civil liability for disruption caused by rogue AI agents. “Incidents of this kind reflect the speed at which AI is developing,” warned AISI. “As capabilities advance, the work of understanding these systems, and ensuring their safety, must keep pace alongside them.”
While unsettling the good news is that these cases prove that AI is too dangerous, disloyal and disruptive to be allowed out on its own. Human beings – including associates in law firms with deep IT skills – will still be needed. “When compared to human experts, frontier AI models are uncontrollable, unmanageable, unpredictable and extremely expensive,” said Dr. Ilia Kolochenko, a lawyer practicing in cybersecurity and the founder of cybersecurity company ImmuniWeb. “Thus, the myth that AI will soon entirely replace cybersecurity professionals is starting to collapse.”
Well that’s encouraging news, at least.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
DENTONS HUB TO HELP PREPARE FOR CRYPTO
HOW CREDIBLE IS YOUR LAW FIRM?
SLIGHT OVERSIGHT AT THE MET
HERBERT SMITH AT THE NATIONAL PORTRAIT GALLERY
+ LEGAL COMMENT OF THE WEEK
on ‘turning the screws on Putin’, Professor John Arday, Nadia Sawalha, public setor procurement, ‘single sex’ spaces and the UK’s Global Talent Visa
+ LEGAL APPOINTMENTS OF THE WEEK
CHURCH COURT CHAMBERS and THACKRAY WILLIAMS
LEGAL DIARY OF THE WEEK
DENTONS HUB TO HELP PREPARE FOR CRYPTO
It is no secret that the Financial Conduct Authority’s new cryptoasset regime comes into force in the Autumn of next year but the application period for authorisation opens next month. To help businesses prepare for what is likely to be a complicated process Dentons has just launched its new UK Crypto Hub to ease the process for clients. “Firms should now be assessing how the changes will affect their business and preparing for authorisation,” comments Dentons.
It all sounds pretty whizz-bang with the hub including a five-minute ‘Crypto Regime Readiness Diagnostic’ whoch is designed to help firms identify gaps in their preparations and areas requiring further analysis.
But does it apply to you? That is the key question and one of the first things the Hub will do I provides practical guidance to help businesses understand the new regulatory framework, assess whether their activities fall within scope and prepare for the authorisation process.
“The UK cryptoasset regulatory framework comes into force in October next year,” said Andrew Barber, a Dentons partner. “Firms looking to continue offering cryptoassets and crypto services in the UK should be assessing now how the new regime may apply to their activities and the steps needed to prepare. Our Crypto Hub and readiness diagnostic provide a practical starting point, while our specialist team can support businesses through every stage of the journey from initial assessment and application preparation to authorisation under the new regime.”
For more visit the UK Crypto Hub.
HOW CREDIBLE IS YOUR LAW FIRM?
Farrer & Co has come top of 150 firms in the second annual ranking of Credible Voices in the UK legal sector. Designed to assesses the ‘identified public content’ produced by law firms, Credible Voices uses a 16-point framework which evaluates the depth and accuracy, structure and readability, engagement and usefulness, and presentation and visuals of material published. Linklaters, Macfarlanes, Ashurst Perkins Coe and Freshfields filled the next four spots.
“We are delighted that Farrer & Co has achieved the highest score across Credible Voices firm rankings,” Anna Gregory, Partner and Marketing & BD Director at the firm.“Our lawyers invest considerable time in producing content that is technically rigorous, accessible and genuinely useful to clients and the wider market. This recognition is particularly meaningful because it is based on the systematic assessment of our publicly available work, rather than an award entry or a selection of material chosen by the firm. It recognises the collective contribution of our authors and the teams that help turn their expertise into clear and valuable content.”
During the six-month monitoring period for the table ending in March 2026, the 150 firms added approximately 30 articles for every one removed. It has to be highlighted that in some cases firms were still putting out material originally written 25 years ago and it was observed that this could, potentially,weaken the picture of expertise they present today.
“Rankings matter when they change behaviour,” said Richard Chaplin, Founder of Credible Voices and Chief Executive of the Managing Partners’ Forum. “We want firms to understand the evidence they are putting into the market, strengthen what is useful and remove what no longer represents them. People buy people, yet 56.3% of assessed articles have no named author. Better attribution alone would make expertise considerably easier for clients to find.”
SLIGHT OVERSIGHT AT THE MET
The Information Commission’s Office has come down hard on the Metropolitan Police Service (MPS) following some very elementary breaches in data protection.
In one case an MPS officer emailed all the people affected by a particular alleged ‘Honeytrap’ crime to advise them of a change to the suspect’s bail date. All the recipients’ email addresses were placed in the “To” field. As a result the recipients could see each other’s email addresses and names. “The context of the email meant that highly sensitive information could potentially be inferred about the recipients, even though the body of the email did not explicitly contain that information,” said the ICO.
In the second case an MPS officer sent unredacted documents to a defendant in a Stalking Protection Order (SPO) case. Unfortunately these included the victim’s new address and telephone number, as well as the names and contact details of three witnesses. “The victim had changed her address and phone number because of the risks she faced. The defendant later contacted the victim on her new number.” Oh dear!
Just shows the need for eternal vigilance. But would AI have done any better?
HERBERT SMITH AT THE NATIONAL PORTRAIT GALLERY
Slightly shocking news that this week a total of 34 lawyers, including seven partners and 27 associates and counsel, moved from Herbert Smith Freehills Kramer’s American practice to Brown Rudnick .They will now operate mostly from the firm’s new Silicon Valley office.
On the positive side, however, it is good to see that the annual HSFK-sponsored Portrait Award at the National Portrait Galley (NPG) is now fully back in action and in fine fettle. Having been suspended while the Gallery underwent its massive re-fit a few years ago the show now exceeds its former glory and was attracting plenty of admirers when the Legal Diarist popped in earlier this week.
“I am very happy to welcome back the Herbert Smith Freehills Kramer-sponsored Portrait Award returning for its third year since the Gallery reopened in 2023,” said Victoria Siddall, the Director of the Gallery. “Celebrating the wealth and breadth of portraiture being made today around the world, the competition supports and showcases emerging and professional artists alike. This is thanks to our generous sponsors.”
Indeed it is only through the financial support of the firm that the exhibition can continue to offer free entry and, as Siddall put it,’expand audiences annually’. While the Legal Diarist has no pretensions to art criticism it was striking that any impressionism in style has largely disappeared from the walls being replaced by an astonishing attention to detailed accuracy – so much so that at first sight many of the portraits might appear to be photographs. So, well worth a visit if you can spare an hour or so during this busy, sun-drenched holiday period. (Exhibition continues until October 7 and, as mentioned, it’s FREE thanks to HSFK! Let’s hope they can continue in the future despite the loss of their US colleagues).
LEGAL COMMENT OF THE WEEK
TOPIC: The UK government’s approach to “turning the screw on Putin” by the periodic addition of further measures of restriction
COMMENT BY: John Binns, Partner, BCL Solicitors
“The existing regime is already stringent enough to have moved well beyond classic “targeted sanctions” on key individuals into something with a far more comprehensive impact on Russia’s economy. Each further turn simply makes it tougher still.Many would question whether any of the sanctions imposed so far have actually coerced or persuaded President Putin to withdraw from Ukraine. They clearly have not yet, though it can be argued they have constrained or slowed escalation.
Even accepting that sanctions have some coercive or persuasive effect, is there real logic in a periodic increase – each turn of the screw supposedly designed to make Putin think again? A more cynical reading is that each “tightening” primarily supplies a fresh headline, ensuring governments’ message of disapproval continues to be heard by allies, domestic voters and Ukraine itself as the months and years pass. On this view, sanctions function more as messaging than as instruments of genuine behavioural change – and the primary audience is not Putin”.
TOPIC: The implications of the resignation of Professor Jason Arday from Cambridge University following claims regarding his academic track record
COMMENT BY: Ane Vernon, Disputes Resolution Partner, Payne Hicks Beach
“Professor Arday’s resignation would not, by itself, entitle students to compensation or a review of their results. However, students could complain if they believe the issues under investigation affected the quality of their teaching, supervision or assessment.
“Any complaint or appeal would require evidence of a material impact on a student’s tuition or results, and a legal claim would generally require proof of a breach of contract or some other duty that has caused loss. Cambridge University may nevertheless need to review affected work or supervision to reassure students that that all standards were maintained.”
TOPIC: The case of TV presenter Nadia Sawalha who has threatened legal action against ITV, alleging that she was discriminated against because of her pro-Palestinian beliefs, which her legal representatives argue are protected philosophical beliefs under the Equality Act 2010.
COMMENT BY: Catrin Mills, Employment Partner, Sharpe Pritchard
“The courts have made it clear that a wide range of philosophical beliefs may attract protection under the Equality Act 2010, including controversial beliefs that some may strongly disagree with.
“That does not provide complete immunity from workplace consequences, but organisations must be able to show that any action taken is because of an individual’s conduct, or the manner in which the belief is expressed, rather than the belief itself. They must be able to justify action taken and demonstrate that decisions are based on legitimate reasons and are proportionate.
“The case is a reminder that organisations need robust decision-making processes when handling complaints relating to the expression of controversial political or social views.”
TOPIC: The UK Government’s announcement that it will change assessment criteria related to public sector procurement to give greater emphasis to the creation of jobs and investment in local areas
COMMENT BY: Peter Ware, Partner in Procurement and Head of Government, Browne Jacobson
“This intervention reflects the significant weight that public sector procurement carries in the national and local economy, and the new Prime Minister’s commitment to leveraging greater social value from government contracts.
“This continues a trajectory that has been in motion since the Procurement Act 2023 was implemented in February 2025, and strengthened by the Procurement Policy Note 024 guidance published by the Cabinet Office in June this year, which introduced a mandatory public interest for contracts exceeding £1m that must consider key economic and social considerations.
“What is different, though, is the government’s eagerness to give procurement such prominence in its policy agenda under Andy Burnham, who has made tackling the youth unemployment and economic inactivity crisis one of his defining missions.
“This should therefore focus minds among not only contracting authorities but also businesses that hope to win high-value public sector work. They will need to demonstrate tangible ways in which they are creating jobs and work experience opportunities, and upskilling or reskilling the existing workforce locally.
“Businesses should also take note of Whitehall’s focus on deeper devolution, with skills budgets set to be controlled by strategic authorities where these exist. This provides a great opportunity for employers to work closely with mayors on to access skills funding when rolling out new training initiatives.”
TOPIC: The official guidance now in force that single-sex spaces open to the public, such as toilets and changing rooms, should be organised based on biological sex
Comment by: Florence Brocklesby, Founder, Bellevue Law
“The EHRC’s Code of Practice applies to service providers. It does not change the law relating to equality, discrimination and harassment, but is nonetheless legally significant because it can be used in evidence in legal proceedings brought under the Equality Act 2010 (The Act).
The Code has attracted particular interest because it addresses the controversial question of how providers should approach single-sex services in light of the Supreme Court’s judgment in the For Women Scotland case. This held that, for the purposes of the Equality Act 2010, references to sex were to biological sex, rather than gender identity (including in respect of individuals who hold a Gender Recognition Certificate).
The Code confirms that if a service provider admits trans people to a service intended for the opposite biological sex – for example a trans woman to a women-only service – then the service will no longer be a single-sex service for the purposes of the Act. Without the benefit of the single-sex exemption, excluding men more widely while permitting trans women to use the facility will amount to unlawful sex discrimination and could also amount to unlawful sex discrimination or lead to unlawful harassment against women who use the service.
However, service providers may additionally provide mixed-sex or individual services to ensure that they meet the needs of trans service users. Examples might include providing a mixture of single-sex and gender-neutral toilet and changing facilities.
This is a highly contested area with strong feelings on both sides of the ‘gender debate’. Unfortunately, in some situations it will be difficult for service providers to please everyone, but they would be well advised to read the Code and take the guidance and examples contained in it into account when considering single-sex provision.“
TOPIC: The expansion of the UK’s Global Talent Visa which will give more than 100 companies the ability to support leading scientists and engineers to come to the UK to live
Comment By: Lynsey Blyth, Partner and Head of Immigration, Michelmores
“This is a timely and welcome development. The UK is redefining its place in an increasingly competitive global economy and, if it wants to remain at the forefront of sectors such as AI, life sciences and advanced engineering, it must continue to attract and retain exceptional talent from around the world. Expanding the Global Talent visa route to more than 100 innovative businesses demonstrates a growing recognition that world-class research and innovation increasingly sits within industry as well as academia.
“The most successful economies will be those that combine investment in home-grown talent with an ability to attract the brightest international minds. That exchange of ideas, expertise and experience ultimately strengthens UK businesses, creates highly skilled jobs and helps position the UK as a leading destination for innovation and investment.”
LEGAL SECTOR APPOINTMENTS OF THE WEEK
CHURCH COURT CHAMBERS
Maryam Syed KC has joined Church Court Chambers as the set continues to expand its client offering.
Previously with 7BR Syed has more than 30 years’ experience in handling the most serious and high-profile cases spanning criminal law, regulatory proceedings, family law, inquests and public inquiries. She both prosecutes and defends and also sits as both a Crown Court and a Family Court Judge. She is particularly known for her ability to work sensitively and effectively on cases involving vulnerable defendants and witnesses. She has also served for over six years as a founding member of the HMCTS/Judiciary/Key Stakeholders Working Group on Youth Justice, contributing to the ongoing development and improvement of youth justice policy and practice.
“Maryam’s join is a really exciting moment for Church Court,” said Head of Chambers Maria Karaiskos KC . “She is held in the very highest regard at the Bar, and her combination of technical excellence and calm, understanding advocacy makes her a true asset.”
THACKRAY WILLIAMS
Alexandra Hubbard has joined the employment law team at Thackray Williams. Dual qualified as a UK-US attorney and solicitor Hubbard has particular experience in supporting employers in creating compliant, productive cultures and litigation claims.
Having graduated with distinction from the University of Nebraska College of Law, Hubbard spent six years practicing law in the Mid-West, representing both individuals and businesses throughout a varied practice. She subsequently left the US to undertake an LLM at Durham University and in July of this year she was officially admitted to the roll of solicitors of England and Wales thereby enabling her to practise both in England and in Nebraska.
“Many of our corporate clients have offices in the US and therefore have to be compliant with both English and American employment law,” said Emma Thompson, Thackray Williams’ Co-Managing Partner and Head of Employment and Education. “Having Alexandra on board means we have a broader perspective on the employment issues that can arise for organisations with an international footprint, helping us ask the right questions, spot potential cross-border considerations early and work with clients to shape practical, commercially focused solution.”
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