Edward Fennell’s LEGAL DIARY

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

14 February 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: WIDENING THE CAREER LADDER

 We are at the end of National Apprenticeship Week and it is good to see that it has been garnering plenty of publicity (even on BBC Radio 4 this morning). Because if there is one glimmer of hope for a depressed UK it is the fresh appreciation that there is more to a successful start in life than an old-fashioned university degree.

Good to see, also, that the legal sector is starting to pull its weight – as our stories below featuring HF and Burges Salmon illustrate. “We‘ve recruited dozens of successful apprentices over recent years who have all been an important resource and have added huge value to the services we offer,” said Jared Mallinson, Partner and Head of Counter Fraud at HF. “We operate a true meritocracy irrespective of the route that brings you to HF, and an apprenticeship can help to offer the best of both worlds, being paid while continuing professional and academic development.”

A bit more of this and we might have fewer aimless unemployed kids as well as businesses hamstrung by skill shortages.

For more go to: https://nationalapprenticeshipweek.co.uk/

The Legal Diarist

In this edition

+ LEGAL DIARY OF THE WEEK

Feeding Youthful Opportunity through Apprenticeships

Innovation is the Key to the Future at Burges Salmon

Slap-down for proposed anti SLAPP legislation

NCDV Publishes Striking Figures

+ CONTRIBUTED ARTICLE OF THE WEEK

REFORMS TO THE ARBITRATION ACT NOW BACK ON TRACK by HAZEL HE

+ LEGAL COMMENT OF THE WEEK

on ‘infected blood’ compensation, the probation service, statutory inquiries, the Assisted Dying Bill and ‘deepfake’ celebrity scams

+ APPOINTMENTS OF THE WEEK

at Twenty Essex and BCLP

LEGAL DIARY OF THE WEEK

Feeding Youthful Opportunity through Apprenticeships

HF is marking this year’s National Apprenticeship Week by launching its apprenticeship scheme for 2025 with 10 places open to new recruits. The programme leads to qualification as a Paralegal and is part of the firm’s drive to open up the profession to a more diverse demographic.

HF has been involved in apprenticeships for the past decade and currently has 72 young people across Level 3 apprentices, graduate apprentices and solicitor apprentices – so a very broad approach.

“The apprenticeship schemes have been a valuable tool in growing our business, allowing us to widen our talent pool and recruit the best people from a wide range of academic routes,” said Jared Mallinson, Partner and Head of Counter Fraud at HF. “Everyone learns in different ways and it’s vital that we recognise that to allow us to offer the best talent for the job to our valued customers. ​​​​​​

“We‘ve recruited dozens of successful apprentices over recent years who have all been an important resource and have added huge value to the services we offer. We operate a true meritocracy irrespective of the route that brings you to HF, and an apprenticeship can help to offer the best of both worlds, being paid while continuing professional and academic development.”

Meanwhile Burges Salmon says that embracing apprenticeships is one of the many initiatives which it has championed as part of its strategy to reach a wider talent pool and helping to dismantle barriers so under-represented groups have the opportunities to get a foot in the door.

“Although I aspired to work in the legal sector, the idea of joining a law firm without any industry connections was intimidating,” said Gemma Ferris, one of the firm’s apprentices. “ My first insight to Burges Salmon came through a social mobility work experience, SMBP, where I found out about the firm’s apprenticeship programme. I joined the firm as a business apprentice in 2019, initially working in the finance department, then moving through the Transformations and Projects Team, and finally settling in the Responsible Business team, which became my permanent home. It was lovely to be valued as an integral member of the team.”

Where these ‘modern’ apprentices have gone many more should now follow. 

Innovation is the Key to the Future at Burges Salmon

Not content with supporting National Apprenticeship Week Burges Salmon has also ‘undertaken a journey of discovery’ with the return of B-Innovative, its annual innovation week to help its people navigate the ever-more-complicated technological landscape.

“Across the firm, there is enthusiasm and curiosity about AI and as the technology, and its real-life applications in our sector continue to evolve, B-Innovative Week showcases how innovation and technology elevate our service delivery,” says Emma Sorrell, the firm’s Innovation Manager. “It provides a platform to explore new technologies and brings our people together to foster a culture of knowledge-sharing, enabling us to collectively push the boundaries of innovation and shape the future of legal service delivery and client experience.”

Amongst a number of ingredients B-Innovative has included a series of stories from the firm’s AI Champions who will walk through their ‘Copilot for 365’ journey so far, sharing their most impactful use-cases, and helping to elevate skills and inspire others across the firm. There will also be a preview of a cutting-edge GenAI tool specifically designed for the legal sector;.

On top of that the firm has been highlighting throughout the week the progress with its multidimensional Digital Enablement Programme. This brings together and leverages AI, data, processes and technology, together with internal expertise, to enhance the firm’s client service delivery.

As the firm explains, “Updates on the next phases of our firmwide Copilot for 365 roll-out will be shared, bringing to life aspects of the firm’s unique, human-centred approach which was highlighted last November at the Microsoft Ignite Conference hosted in Chicago.”

Sounds impressive – watch the recording at https://www.youtube.com/watch?v=WD6_V2Uf4Ko

(It’s definitely worth the watch)

Slap-down for proposed anti SLAPP legislation

The controversy over SLAPPS (Strategic Lawsuits Against Public Participation) goes on with researchers from the universities of Birmingham and Leeds publishing an article in the Journal of Media Law which argues that the early disposal mechanism prescribed in the Economic Crime and Corporate Transparency Act 2023 is a ‘false dawn’ for tackling SLAPPs. Instead the academics set out an alternative model for an innovatory dedicated SLAPP early disposal mechanism.

“SLAPPs are abusive legal actions or threats brought by powerful parties to suppress criticism,” commented Dr Peter Coe, Associate Professor of Law at the University of Birmingham. “It is imperative for the public good, that there are robust ways to challenge and dismiss SLAPPs. [However] the current efforts aren’t fit for the job.”

In 2023 the government introduced an amendment to the Economic Crime and Corporate Transparency Act (ECCTA), which added an early disposal mechanism so that judges could throw SLAPP complaints out if they did not meet certain criteria. However, while well-intentioned, the ECCTA is alleged to be not fit to deal with SLAPPs robustly and efficiently. “It is too limited in its definition and timing of when it can be used to deal with these damaging cases,” said Dr. Coe. “A new mechanism is needed if England is going to be able to deal with this harmful use of the law seriously and effectively.”

The Leeds and Birmingham researchers outline a new dedicated SLAPP ‘early disposal mechanism’ which contains six specific features that the ECCTA (and/or any future) anti-SLAPP should have including that it should apply to all actions involving public interest speech, not just related to economic crime.

“We find ourselves living in an age where trust in politicians, courts, and public institutions has never been lower,” said Dr. Coe. “By ensuring that people cannot twist the law to their own selfish benefit, and that the public can have the information they need about important issues, maybe we can find our way to restoring some of that trust and improving our public debate.”

NCDV Publishes Striking Figures

The National Centre for Domestic Violence (NCDV) has revealed that last year it provided pro bono legal support to 4,500 victims and survivors of domestic abuse. Founded in 2002, NCDV is a community interest company with a 70 strong national team based in Guildford and is by far the largest organisation in England and Wales to provide a free legal support service of this kind.

In total during 2024 it received nearly 102,000 referrals from police forces, domestic abuse organisations, charities, citizens’ advice bureaux and other agencies throughout England and Wales.

“NCDV was originally set up to help those experiencing domestic abuse get civil legal protection who could neither access legal aid nor afford to pay for a solicitor themselves,” said Sharon Bryan, Head of Partnerships and Development .”This is still central to all the work we do. Yet due to today’s very difficult economic circumstances, the number of women and men turning to us for Pro Bono support – which means helping them go to Court on their own without a solicitor – continues to climb”

NCDV’s fifteen strong Pro Bono Team gives the advice which enables people to become Litigants in Person as well as sharing tools and techniques which enable them to obtain protective orders. “As a survivor of domestic abuse myself, and someone who obtained a non-molestation order against my former partner, I can testify that these orders really do save lives,” said Bryan. “But we desperately need more funding so that we can help even more than those we helped in 2024.”

For more go to: https://www.ncdv.org.uk/

CONTRIBUTED ARTICLE OF THE WEEK

REFORMS TO THE ARBITRATION ACT NOW BACK ON TRACK

by HAZEL HE

Stakeholders have been anticipating the implementation of proposed changes to the Arbitration Act for some time, after they stalled last year due to the election. However, the proposals are now back in Parliament and are expected to be implemented in 2025. Here are some of the key ingredients:

• Through new court rules, when challenging a tribunal’s jurisdiction following the tribunal’s own decision on that, save for certain exceptions, evidence will not be reconsidered and no new grounds of objection / evidence will be permitted
• Expanding arbitrators’ immunity to include reasonable resignations and removal-related costs liability (absent bad faith)
• Enabling arbitrators to summarily dispose of claims / issues if they have no real prospect of success (unless parties otherwise agree)
• Codifying arbitrators’ duty to disclose circumstances that might reasonably cast doubts on impartiality, based on what an arbitrator knows or should reasonably know
• Confirming the court’s powers to issue s.44 orders in support of arbitrations against both parties and third parties
• Allowing emergency arbitrators to make peremptory orders and grant permissions for s.44 applications
• Unless parties agree otherwise, the law of the arbitration seat shall be the governing law of that arbitration agreement (save for arbitration agreements contained in investment treaties or non-UK legislation)

The final change above is especially significant in light of the string of anti-suit injunctions (ASIs) that have recently been brought to the English courts, due to Russian laws permitting Russian parties to initiate Russian proceedings despite existing arbitration agreements. The English courts have in some cases considered the law of arbitration agreements in English law governed contracts, when the seat is outside of England and the law of the arbitration agreement is not specified.

Recently in UniCredit Bantk GmbH v RusChemAlliance LLC [2024] UKSC 30, the Supreme Court reiterated that the arbitration agreement was governed by the law of the main contract, where the latter was governed by English law while the arbitration was seated in Paris. The breach of the arbitration agreement therefore fell within the service out gateway in relation to a claim made under a contract governed by English law, which enabled the English court to grant an ASI preventing the Russian party from commencing Russian proceedings in light of the Paris-seated arbitration.

The proposed changes may hinder the English courts from granting such relief in those circumstances going onward. Notably, the proposed changes may apply to agreements entered before the reforms if proceedings have not been commenced before the implementation. Therefore, parties with contracts / disputes involving Russian parties may consider seeking a pre-emptive ASI before the reforms, where appropriate.

Hazel He is an Associate at Cooke, Young & Keidan

LEGAL COMMENT OF THE WEEK

TOPIC: The Government’s announcement this week that“Infected Blood Compensation Payments are to be scaled up in 2025″,

COMMENT BY: Des Collins, Senior Partner of Collins Solicitors  (and legal adviser to some 2000 victims and families involved in the infected blood scandal)

“It’s all very well for the Government to trumpet that it has met its deadline for introducing regulations that allow more victims and their families to be able access the Infected Blood Compensation Scheme (IBCS). However, regulations do not translate into meaningful support on the ground. 

“The reality is that the IBCS is not yet able to cope with anywhere near the volume applications for compensation that will cater for the infected blood community. Only 0.002% of potential claimants have so far been invited to make a claim. The next 250 invitations are also a fraction of the total potential number of claimants and so many will die while they wait to be invited to start the process of bringing their claim.

“We know that a £11.8 billion compensation fund has been earmarked but, as with other Government compensation schemes for scandals like the Post Office and Windrush, accessing this fund is hugely complicated and not as straightforward as a press release makes it sound. 

“Until the IBCS can cope with greater numbers of applications and achieve scale of delivery, those in the infected blood community will continue to be frustrated, regulations notwithstanding. 

“The powers that be had months to get a proper compensation scheme designed and up and running whilst Sir Brian Langstaff prepared his Inquiry’s Final Report between 2023 and 2024 but the truth is that the Government was not working “at pace” to be ready for last May and its definition of “at pace” is not impressing us now nearly two years on from Sir Brian’s recommendations on Compensation published in April 2023.  

“Regulations give the impression of wider access but the reality is that they won’t actually speed up the compensation process one jot. We call on the Government to rethink its approach to the way in which the Scheme is being delivered so that victims can get the financial justice they deserve as swiftly as possible.”

TOPIC: Government investment in the probation service

 COMMENT BY: Barbara Mills KC, Bar Council Chair

“This announcement recognises that we need a properly resourced regime that reduces crime and increases public confidence and safety in our justice system. The prison crisis and reoffending rates show that we must think more creatively about punishment. Sending people to prison and introducing longer and longer sentences is the easy option, but it is often not the answer. 

 “Better funding for probation means is a pre-requisite for community punishment and home detention measures which can be the right solution in some cases – reform of the criminal justice system must strike the right balance between punishment and rehabilitation. Ultimately, funding across the whole criminal justice system is needed now to repair and tackle its existing problems before we add to more demands to a system at breaking point.”  

TOPIC: The Government’s response to the House of Lords Committee on Statutory Inquiries which investigated the efficiency and effectiveness of statutory inquiries. It published its report, Public inquiries: Enhancing public trust in September 2024.

COMMENT BY: Lord Norton of Louth (who chaired the Lords’ Committee)

 “The Government’s response to our report offers much to welcome.  It has agreed with all our principal recommendations.  However, as with any reform, the devil lies in the details of implementation.  The Government has committed to exploring changes that will enable inquiries to deliver outcomes more quickly and at a lower cost, all while preserving public trust.  This commitment to reviewing the current system is a positive first step and we are encouraged by the Government’s intention to update Parliament on the progress of these reforms.”

“A major highlight of our report was the call for a new Parliamentary committee to systematically monitor the implementation of recommendations and ensure that inquiry recommendations are acted upon.  A parliamentary committee has the power to question ministers and to pursue calls for further action.  While the Government has indicated that the creation of such a committee is a matter for Parliament, it expressed its intent to update Parliament on its broader plans for reform in this area.”

TOPIC: The proposed amendment to the Assisted Dying Bill which would introduce a so-called “judge plus” system, following concerns expressed during expert evidence sessions last month.

COMMENT BY: Alexa Payet, Partner Michelmores LLP

“Kim Leadbeater has suggested an amendment to the proposed bill which would remove mandatory high court involvement in every assisted dying case and replace this with a panel of experts who would oversee applications.

“In his evidence to the bill’s committee last month, Sir Nicholas Mostyn made clear that the High Court does not have capacity to deal with assisted dying cases. As an alternative, he proposed a Spanish style panel of experts, which could include a recently retired judge as well as suitably qualified medical professionals to oversee applications. Kim Leadbeater’s suggested amendment appears to heed this advice.

“Many will view this suggestion as a weakening of the safeguards imposed by the bill which are vital to protect the uncapacious and vulnerable who might be pressured into ending their own life. Clearly a balance must be struck between ensuring appropriate safeguards are in place and avoiding the creation of legislation which is practically unworkable due to the pressures on the justice system. Whichever approach is adopted, it would be wise for lawmakers to include a requirement for an advocate to the Court to be appointed to ensure that the evidence in support of an application is appropriately tested.”

TOPIC: Increasing difficulty in identifying what is ‘real’ in celebrity ‘deepfake’ scams

COMMENT BY: Iona Silverman, IP Partner at Freeths 

“It was predictable that AI would enable more convincing ‘deepfakes’, which would present a challenge for the Advertising Standards Authority. The ASA appears to be working effectively with the social media platforms to try to combat deepfake images in advertising. Deepfakes promoting cryptocurrency or suspicious investment schemes present an obvious risk to consumers, however this is just the tip of the iceberg. It has been reported that 94% of influencers are using AI to edit content and generate images, meaning most content that consumers are viewing on social media is, to an extent, fake. It is becoming increasingly difficult to differentiate between the real and unreal. The fight against misleading content created by AI has only just begun.”

APPOINTMENTS OF THE WEEK

Twenty Essex

Judge Joan Donoghue, former President of the International Court of Justice (ICJ), has joined Twenty Essex in London as an arbitrator. Prior to joining the ICJ Donoghue had worked in the United States Department of State and then served as a Judge of the ICJ from 2010–2024, taking on its presidency from 2021–2024. She has also sat as a member or president of investor-state tribunals and ICSID annulment committees, and from 2016 to 2024 was a US designee to the ICSID Panel of Arbitrators.

She is currently a visiting professor in the law school at the University of California, Berkeley, and for the 2025/26 UK academic year will be the Arthur Goodhart visiting professor in legal science at the University of Cambridge.

“We are fortunate and delighted to welcome Joan Donoghue to Twenty Essex,” said Philip Edey KC and Charles Kimmins KC, co-heads of chambers in a joint message. “Joan’s expertise and reputation in public international law is of the very highest order, and we are thrilled that she has elected to initiate this new chapter in her career as an arbitrator member of these chambers. Joan’s arrival will add to the deep pool of excellence, experience and insight that both provides leadership for the most significant international arbitrations, and contributes so much to chambers’ unique character.”

BCLP

Jean-Louis Martin is joining BCLP as a partner in the Real Estate team of the Paris office. Previously with Paul Hastings (2015-2024) where he had been head of the real estate department and Vice-chair of the Paris office he started his career in 1993 with Debevoise & Plimpton. He subsequently joined Jones Day in 2004 where he headed the real estate practice for eleven years.

Martin has built a strong profile within the real estate market with notable transactions such as the “Vesta” residential portfolio transaction on behalf of Swiss Life, the “Grand Frais” portfolio acquisition for La Française, the “Maison Bayard” building acquisition on behalf of CNP, the development of the “La Marseillaise” tower for Constructa, and the acquisition of the former Canal+ headquarters in Boulogne on behalf of Tishman Speyer. He has also supported sports players in the negotiation of TV rights, marketing contracts, sponsorship contracts, as well as club acquisition operations and has advised the National Rugby League.

“Jean-Louis has worked closely with leading French and international clientele and is a well-respected figure in the market,” said Partner Henry Ranchon, head of the Real Estate department of BCLP Paris, ”With his experience and knowledge, we will be able to enhance our client services by providing complete, comprehensive solutions tailored to meet the diverse needs of our clients, both domestically and globally.”

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