Edward Fennell’s LEGAL DIARY
Diary news plus insights, commentary and appointments from the legal world
21 August 2026
Editorial contact: fennell.edward@yahoo.com
SHORT THOUGHT FOR THE WEEK:TOP OF THE AGENDA?
Of course it pales into insignificance by comparison with the immense news story gripping most of the UK’s front pages this morning (i.e where a celebrity couple will live come September) but lurking on page 14 in today’s edition of The Times is a long-term burn of an issue which asks deep questions about authority and where we stand as a country.
“Unions pledge to resist EHRC guidance on single sex spaces” runs the headline and the thrust is that, amongst other trade unions, Unison(with 1.3 million members) has vowed to ‘fight’ every employer to make them trans inclusive. This is despite the fact that the EHRC’s guidance is based on the Supreme Court’s ruling on the legal definition of a woman from earlier this year.
The ‘how’ and ‘why’ of the trans issue becoming so toxic will be a matter for the historians. But more immediately it is moving towards a show-down between militant minorities and the rule of law. It also questions where authority lies in a matter of immense concern to activists on both sides, each of whom will claim the moral high ground. How the UK resolves this challenge will tell us plenty about our society’s capabilities in dealing with profound divisions.
The LegalDiarist
In this edition
+ LEGAL DIARY OF THE WEEK
ILL META BY MOOLIGHT
BROADENING ENTRY
GREAT NORTH ROAD
IT’S ALL A QUESTION OF INGENUITY
+ CONTRIBUTED ARTICLE OF THE WEEK
When does professional punishment become disproportionate? by Martin Finnegan
+ LEGAL COMMENT OF THE WEEK
on Sussex’s return to UK, the Travelodge case, UK representatives in the Middle East. and Ricky Gervais and marriage
+ APPOINTMENTS OF THE WEEK
at CLARKE WILLMOTT
LEGAL DIARY OF THE WEEK
ILL META BY MOOLIGHT
“Ill-met by Moonlight,” says Oberon to Titania in A Mid-Summer’s Night’s Dream and this has a weird but sinister resonance for the many young people who spend many ‘Moonlight hours’ bombarded by invidious social media messages courtesy of Meta.
‘Meta is on trial for deliberately making Facebook and Instagram addictive to children,” comments .Mark Jones, online safety expert and Criminal Partner from UK law firm, Payne Hicks Beach. “The case focuses on Meta’s business practices and whether it downplayed and concealed the harmful impacts of their products. If Meta is found guilty, this could be Big Tech’s ‘big tobacco’ moment.”
So has the time of reckoning arrived this week for the social media behemoth now facing a jury trial whose original lawsuit was filed in 2023 by 30 US states involving. The damages at stake are over $1 trillion.
As Mark Jones points out though, the trial raises the question whether lawsuits, rather than regulation, are the way to achieve real change in protecting children online?
“Regulators have spent years trying to keep pace with platforms whose technology evolves far faster than the law,” he says. “Litigation may now force disclosure of internal decisions, attaching a hefty financial cost to harmful design choices and holding companies publicly accountable for what they knew and how they responded.”
The reality is that we are still in the infancy of the Age of Social Media. It took years before the government put a stop to children being employed in coal mines. But now might be the time to stop them being exploited burrowing obsessively through the swamp of poisonous social media.
BROADENING ENTRY
It’s the post-exam results season and sixth formers across the country are making final decisions about where to pursue higher and professional education. But as the number of disenchanted – or disilluioned – graduates has grown so their younger brothers and sisters are considering whether there is a better alternative to the standard ‘full time’ degree course. Indeed BBC research on Department of Work and Pensions data shows that demand for degree apprenticeships has quadrupled in three years.
In technology, particulalry, there has already been a significant move towards earning-while-learning and now it is happening in the law as well with HF leading the way.
“For many years, careers in law were seen as being open only to those who could afford the traditional university route,” says Jared Mallinson, Partner and Head of Counter Fraud at the firm. “We are proud to have been offering our apprenticeship scheme for over 10 years to help break down those barriers and make the profession accessible to talented individuals from a much broader range of backgrounds.”
“The surge in applications for degree apprenticeships shows that young people are becoming much more discerning about the return on investment of higher education. They want professional qualifications, real-world experience and a clear career path, and apprenticeships can offer all three while being paid for their work.”
The big irony in all this is that what looks like the ‘growing future’ is actually a return to the ‘sturdy past’. Back in the 1960s the profession recruited not only law and other graduates but also a significant number of entrants direct from school. It was entirely possible – indeed common – for non-graduate school leavers to enter the profession directly from secondary school by undertaking a mandatory 5-year articled clerkship alongside attending a recognized law school or classes to prepare for the professional exams.
So don’t be surprised if, in years to come, the obsession with recruiting full time graduates might well seem like a curious anomaly.
IT’S ALL A QUESTION OF INGENUITY
This week sees legal software and services provider Opus 2 introducing Opus 2 Ingenuity™ – and with it a massive mount of new jargon.
Running on the millions of insights generated in the Opus 2 platform— ‘matter intelligence’ – which supply its multiple layers of AI with a foundation for ‘understanding, surfacing, creating, and acting’, Opus 2 Ingenuity includes separate layers of specialist AI agents which are applied ‘underneath’ and ‘on top’ of a matter record (structured data layer).
“We believe the next era of innovation and advantage will be defined by matter intelligence,” said Greg Blackman, CEO of Opus 2. “That’s because we’ve already seen the results of it in action as Opus 2 Ingenuity™ is actively being used by the world’s most successful firms, for their most consequential cases—even inside the courtroom. AI is only as effective as the information it can understand. Ingenuity unlocks AI through a deeper understanding of the insights inside our platform—delivering productivity, cost-efficiency, quality, security, and other valuable benefits across any law firm.”
Big claims are being made. “AI-driven work is more dependable, risks associated with unsupported conclusions are reduced, teams spend more time on strategy and less time on validation, and AI compute is balanced far more efficiently, potentially lowering costs,” says the business.
Meanwhile according to Tiama Hanson-Drury, Chief Product and Technology Officer at Opus 2, “With most of the world’s top law firms using Opus 2, clients increasingly tell us they don’t want to send a case team into an engagement without it. Eighteen years building with elite litigation teams has taught us that ingenious use of AI requires discipline—deploying the right type of AI for each task, preserving relationships between content, and ensuring every output becomes a durable asset the whole team can build on.”
So there we have it. Maybe job done?
GREAT NORTH ROAD
Immigration is a high profile area of legal work today as well as being a nice little earner so no great surprise that Clarke Willmott LLP, operating across the country north to south, is keen to have it as part of its offer.
But build or acquire?
The firm has just announced this morning that, as part of its commitment to providing clients with a comprehensive range of specialist legal service, it has picked up the specialist UK-business immigration firm Latitude Law.
Listed in the Legal 500, Lexology and Chambers and Partners Latitude, created by Gary McIndoe, has an enviable reputation for client service as a boutique practice advising corporates, business owners, high net worth (HNW) individuals. The team will now be based in Clarke Willmott’s Manchester office.
“We are delighted to announce our acquisition of Latitude Law and to welcome the team to the firm,” said Peter Swinburn, Clarke Willmott CEO. “They have an exceptional reputation in the market and are recognised for delivering first-class immigration advice to businesses and individuals alike.
“Just as importantly, they share our values and our commitment to building trusted, long-term relationships that deliver excellent outcomes for our clients, our people and the communities we serve. This acquisition represents an exciting step forward in our growth strategy and strengthens our ability to support clients with an increasingly important area of law.”
Amongst other things the move probably reflects on Manchester’s growing importance as the UK’s major business centre outside London. No 10 North must be delighted.
CONTRIBUTED ARTICLE OF THE WEEK
When does professional punishment become disproportionate?
by Martin Finnegan
There is an understandable instinct within the solicitors’ profession that dishonesty must be treated with the utmost seriousness. But accepting that principle does not mean that every dishonest act by a solicitor should result in professional capital punishment. So the recent case of the junior solicitor Kieran Ferguson being struck off following a dishonest insurance claim concerning a stolen bicycle troubles me for precisely that reason. The question is whether that sanction needed to be the destruction of a young lawyer’s career almost before it had begun.
Ferguson had been admitted for less than two years. He was not found to have stolen client money, misled a court, fabricated documents in litigation or acted dishonestly towards a client. The misconduct arose in his private life and outside legal practice.
Those distinctions should matter. A disciplinary system can be rigorous without being unforgiving. It can protect the public while recognising rehabilitation. It can condemn an act of dishonesty without necessarily concluding that the person who committed it is irredeemably dishonest.
Perhaps my perspective is influenced by having spent more than 25 years in the profession. Experience teaches you that good people can sometimes exercise very bad judgement. There is something uncomfortable about a system under which a young solicitor can spend years obtaining a degree, undertaking professional training and finally qualifying, only to have that career extinguished because of a dishonest act wholly outside his professional practice.
If we genuinely believe in developing young professionals, surely we must also believe punishment can be severe without being terminal.That is not softness. Nor is it an argument for no punishment. A substantial suspension, financial penalty, conditions on practice or some combination could have marked the seriousness of the misconduct. It is proportionality. A disciplinary system can be rigorous without being unforgiving. It can protect the public while recognising rehabilitation. It can condemn an act of dishonesty without necessarily concluding that the person who committed it is irredeemably dishonest.
Professional regulation ought to protect the public and maintain confidence in the profession. But it should also distinguish between different kinds of wrongdoing, different degrees of culpability and, importantly, different prospects of rehabilitation. If we genuinely believe in developing young professionals, surely we must also believe punishment can be severe without being terminal. After all, a profession founded upon justice ought to leave some room for redemption.
Martin Finnegan is Chief Commercial Officer, Punter Southall Law
LEGAL COMMENT OF THE WEEK
TOPIC: The resignation of Jo Boydell, boss of Travelodge, following a series of security breaches
COMMENT BY: Chloe Grant, Senior Associate, Bellevue Law
“Where organisational failures are repeated rather than isolated, responsibility should rest at the top. That’s what we’re seeing here at Travelodge with Jo Boydell’s departure. The danger posed by unauthorised access to hotel rooms is both obvious and preventable, particularly for women alone. It should never have taken a serious assault and subsequent incidents to trigger meaningful change. The fact that the chief executive has stepped down in consequence reflects the gravity of the issues highlighted – and shows that when foreseeable risks are not acted upon, accountability can and will reach the boardroom.”
TOPIC: The announcement by the light of the FCA that it will begin appointing attachés in India and UAE
COMMENT BY: Caroline Black, Consultant, Gherson Solicitors
“The appointment of Financial Services Attachés for India and the UAE by the FCA reflects the increasing importance of Mumbai and Abu Dhabi to the global financial economy. Long regarded as somewhat lagging behind the rest of the world in terms of regulation and compliance, the appointments in these jurisdictions signals a significant move by the UK authorities to progress its wider policy objectives of being a “global regulator” dealing with AML and financial crime compliance.
Entities operating in these areas can expect to see a push for greater compliance in coming months, and those with funds or assets residing there can expect further scrutiny and cross border cooperation in enforcement.”
TOPIC: The statement by Ricky Gervais that he will marry his long term partner Jane Fallon to ensure they are not hit by inheritance tax
COMMENT BY: Jo Edwards, Head of Family at Forsters and Chair of Resolution’s Family Law Reform Committee
“Ricky Gervais’ comments illustrate the stark position faced by long-term cohabiting couples. After sharing a home and finances and despite having been in a committed relationship for more than 40 years, he and his partner, Jane Fallon are treated as strangers by the law to all intents and purposes, including for inheritance-tax purposes, and their plans to marry are simply to secure the protection afforded automatically to spouses and civil partners. As he put it himself – ‘It’s mad. How more married can you be? We share all our money, we’ve been living together for 40 years. Some marriages don’t last a year. It’s horrible isn’t it? I’ve got to get around to marrying, before I die’.”
“3.5 million couples in the UK live together in unmarried relationships, by far the fastest growing relationship type. Unlike Ricky Gervais and Jane Fallon, many are ignorant of their lack of protection if they separate or if one of them dies without leaving a Will. The law has failed to keep up with the realities of modern society and how people are ordering their relationships.
“Ricky Gervais’ comments are timely, as the Government has just concluded a 10 week consultation about giving a framework of rights to unmarried couples on separation or death. Introducing cohabitation reforms would be a welcome and long-overdue step, even though they currently address only rights on separation and inheritance where someone dies without a will, not inheritance tax. IHT may be a matter for the Treasury, but couples do not experience the law in departmental silos. Meaningful reform should eventually address all inequality so that romantic partners are not forced to marry simply to protect one another financially.”
TOPIC: Back from the USA! The relocation of the Sussex’s as part of a wider picture
COMMENT BY: Lynsey Blyth, Partner and Head of Immigration, Michelmores
“The reported return of the Duke and Duchess of Sussex to the UK is a reminder that international relocation decisions are rarely driven by immigration considerations alone. Education, culture, family ties and quality of life are often the factors that shape where people choose to live. Reports that the family’s children are due to start school in the UK also highlight the continuing international appeal of the UK’s world-class education system, rich cultural heritage and strong legal and business environment.
From an immigration perspective, the UK remains an attractive destination for globally recognised individuals, particularly those working in the creative industries, technology, academia and other specialist fields. The Global Talent route offers significant flexibility, enabling successful applicants to work, establish businesses and pursue multiple projects without being tied to a sponsoring employer. However, the route is deliberately selective. Applicants must generally demonstrate that they are leaders, or emerging leaders, in their field, meaning the threshold is considerably higher than many people appreciate. For internationally recognised figures in film, television, music and the arts, however, it can provide a highly attractive route to live and work in the UK without the need for traditional employer sponsorship.
Global Talent is not the only option available. For those coming to the UK for a specific production, tour or project, the Creative Worker route may provide an alternative. While sponsorship is required and the route is intended for temporary engagements, it can be an effective solution for actors, musicians, performers and other creative professionals undertaking short-term work in the UK.
The wider lesson is that immigration planning works best when it forms part of the conversation from the outset. Education, lifestyle and family considerations may drive the decision to relocate, but the immigration route must support how an individual and their family intend to live, work and build their future in the UK.”
LEGAL SECTOR APPOINTMENT OF THE WEEK
Ben Loosemoore has joined the office of Clarke Willmott in its office in Southampton. Previously with Moore Barlow, Loosemoore has wide experience advising developers, landowners, investors and property businesses on a range of residential and commercial development matters.
He has particular expertise in development land acquisitions and disposals, strategic land transactions, development agreements and commercial property matters. He advises clients throughout the lifecycle of development projects, from site acquisition and assembly through to development and eventual disposal. Alongside his development practice, Loosemoor also advises landlords and tenants on a range of commercial property transactions including agreements for lease, lease renewals, assignments, underlettings and asset management matters.
“We continue to invest in our talent pipeline here in Southampton and are delighted to welcome Ben to the firm,” said Richard Swain, who runs the Clarke Willmott office in Southampton,“Ben brings a wealth of experience in land development and commercial property, with an impressive track record advising developers, housebuilders, investors and landowners on a wide range of complex transactions. His appointment further strengthens our commercial property offering in the South and adds significant depth to our development expertise.”
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