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

7 March 2025

Editorial contact: fennell.edward@yahoo.com

SHORT THOUGHT FOR THE WEEK: Everyone Has A Past

This week’s row over the new Sentencing Guidelines have brought together the Government and Opposition in concerns about an emerging Two Tier justice system regarding those entitled to pre-sentence reports.

Alongside the matter of principle the new proposals would also entail practical problems of semantics around the privileged categories

On the basis of membership of an ‘ethnic, cultural or faith minority’ that would presumably include anyone who was a member of the Church of England, the Welsh, or a Cockney (see https://moderncockneyfestival.co.uk/modern-cockney-festival-2025/).

And while the argument is fair that personal background needs to be taken into account that might surely apply equally to a 50 year old white male who could have endured the trauma of a boarding school (Old Etonians and Wykehamists would warrant special attention).

In all justice, pre-sentence reports should be available to all.

The LegalDiarist

In this edition

+ LEGAL DIARY OF THE WEEK

International Women’s Day at Blackfords

Help in Kind

‘Service Pledge’ at heart of Reeds

Lost in TransAtlantic Translation

+ LEGAL COMMENT OF THE WEEK

on consultations on reforming private prosecutions, new sentencing guidelines, the rights of cohabiting couples, Microsoft’s partnership with OpenAI, the Employment Rights Bill, TikTok and teenage users

+ APPOINTMENTS OF THE WEEK

at Foot Anstey and Gardner Leader

LEGAL DIARY OF THE WEEK

Accelerating Action at Blackfords

Look out tomorrow – March 8 – for this year’s International Women’s Day with the theme ‘Accelerate Action,’ to emphasize ‘the importance of strategic efforts to promote gender equality.’

One of the law firms to take this seriously to heart is Blackfords LLP (Blackfords) which has announced the promotion of six women to its partnership. With offices in London, Cardiff, Woking and Croydon, Blackfords covers a lot of ground from crime to education as well as regulatory and dispute resolution (plus a number of others). Its happy hunting ground according to the Legal 500 is “Acting primarily for high-profile and high net worth individuals across the full spectrum.” Meanwhile The Times has described the firm as “One of the country’s leading specialists in serious crime and fraud and high-profile regulatory work.”

The impact of the six new women partners is likely to be substantial as the balance in the partnership is now 62/38% female-to-male. “We warmly welcome our newly promoted partners to the firm’s partnership,” said Trevor Francis, the firm’s Managing Director. “Each of the six exceptional women exemplify the excellence, dedication and leadership qualities that define our firm. In addition, this is the first time we have seen an entirely women-led promotion which is a testament to the talent and potential within our team, as well as our commitment to championing equality and fostering an inclusive environment for all.”

The successful individuals are Naureen Shariff, Rachel Wilson and Jennifer Wilson in London in conjunction with Woking partners Helen Worden and Hannah Giles, and Croydon-based partner Lisa Towell. So, for them, an IWD to remember.

Help in Kind

Also with International Women’s Day in mind Birketts has announced that it is supporting Womankind Bristol (see above), a charity ‘run by women for women’ which deals in mental health, sexual, and domestic abuse services in Bristol and surrounding areas.

“There are women in Bristol and the surrounding areas who need essential support,” explains Deborah Carrivick, Birketts’ Private Client Partner. “Thankfully, Womankind is there to help them, but they can’t provide this much-needed help without funds to do so. Many women rely on the help that the charity provides. Birketts wants to play its part in ensuring that these vital services can continue.”

According to Womankind, the current cost of living crisis is having a major impact on women’s mental health. As a result, demand for its services is at a record high with 340 women participating in weekly counselling or group therapy sessions. Additionally, Womankind provided training to over 800 mental health practitioners across the area.

Later this year, the Birketts is planning a 140-plus mile bike ride between its London and Bristol offices as part of its fundraising efforts for Womankind and will be organising a calendar of activities to raise further funds for the charity. Kyra Bond, Womankind’s Chief Executive Officer, said, “Womankind is delighted to be nominated by Birketts’ Bristol office as their Charity of the Year. This partnership fills us with hope and enthusiasm, as we believe that together we can extend our reach and provide vital support to even more vulnerable and disadvantaged women who are in desperate need of help.”

‘Service Pledge’ at heart of Reeds

Launching a new website can sometimes feel like making a New Year’s Resolution, creating a fresh start. But in the case of Reeds Solicitors, a top-ranked criminal defence and multi-disciplinary law firm with 20 offices across the country, it was more an opportunity to bring together some powerful statements about the firm’s character and identity, including an impressive ‘Service Pledge, honed over the past 25 years.

Reeds is at the sharp end of crime acting for the accused often in very difficult circumstances. Going into the bowels of the new website takes the visitor into some challenging territory. For example, here is the opening to an account of what it means to be falsely accused of rape.

“Jordan Trengove was a typical 18-year-old enjoying a night out with friends on 9 March 2019. He had no idea at the time that his life was about to change forever, thanks to being falsely accused of rape. The false accusations were made against him by Eleanor Williams, who in early January 2023 was found guilty of perverting the course of justiceby telling “malevolent” lies about being trafficked by an Asian grooming gang and making false rape allegations against a series of men, including Mr Trengove.”

Reflecting on the significance of the new site Jan Matthews, the firm’s managing partner observed, “For over a quarter of a century we have been providing a high-quality and compassionate service for our clients and are continuously in the pursuit of excellence. With this in mind we launched our Service Pledge – our unwavering commitment to providing exceptional legal solutions with a focus on personalised and client-centric service.  We believe that everyone should be able to access our services and support when needed, and this begins with clear and concise communication. We are streamlining the way we do things by removing the mental clutter and making complex processes simpler and more cohesive.”

The new website can be viewed at: www.reeds.co.uk

Lost in Transatlantic Translation

It’s fool’s game trying to keep up to date with the tergiversations in Donald Trump’s policy statements right now. Nonetheless the direction of travel is fairly obvious. And, as we are observing, those who now identify with the Trump camp are reverting to policies and attitudes of a decade or more ago.

So it was useful to read a piece featuring Trish Embley (Head of Client Training Employment) in Pinsent Mason’s HRNews which advised UK employers ‘not to be tempted’ to roll back their DEI training programmes to match US trends.

“ I suppose if you are a subsidiary of a US company that is a contractor for the federal government, you might find edicts being passed down saying, right, complete policy change, we’re pulling all our DEI training and initiatives,” says Embley. “But although that might be the message from the US, I think what HR would have to do in that situation is push back and say, well, okay, that might be the business organisational strategy now, however, as we are located in the jurisdiction of the UK, we have to comply with UK laws and UK laws do require certain steps to be taken to prevent discrimination and harassment, and therefore that’s why the training is required.”

As Embley goes on to say, the role of HR executives in multinationals might be increasingly important in explaining to US-based bosses that we do things differently in this country.

“There are many examples where I think business owners in the US are quite surprised by some of our laws. I remember doing some training for some very senior executives from the US and they found it very hard to get their head around the concept of the Transfer of Undertakings Protection of Employment Regulations. It’s based on European law, very much there to protect workers.”

Well. there is a big beautiful ocean between us.

LEGAL COMMENT OF THE WEEK

TOPIC: The Government’s announcement that a consultation has been launched to reform private prosecutions and the Single Justice Procedure

COMMENT BY: Barbara Mills KC, Bar Council Chair

 “We welcome the consultation to review the issues surrounding private prosecutions and the Single Justice Procedure. Both procedures have led to miscarriages of justice and shaken public confidence in the criminal justice system.

 “As the Justice Select Committee inquiry found, is it essential that safeguards are put in place, with enhanced oversight, and possibly formal regulation, to ensure the power to prosecute is not abused.”

TOPIC: The new sentencing guidelines published this week.

COMMENT BY: Julian Hayes, Senior Partner, Berris Law LLP

“This is a most welcome development in the lower courts, where the vast majority of the less serious criminal offences are dealt with. Custodial sentences have for far too long been used as the instant fix to offending, and have failed to resolve the problem of, substance misuse, mental health, domestic abuse, recidivism and many other social ills. The answer to resolve most criminal offending is through education and reparation to the communities that offenders have damaged by their activities. Hopefully these guidelines will be embraced by the magistrates courts and approached in the spirit the guidelines seek to engender.”

TOPIC: The announcement by the Government that it plans to publish a consultation later this year on the rights of cohabiting couples

COMMENT BY: Nick Gova, partner and head of family, Spector Constant & Williams

“Cohabiting couples are the fastest growing type of family and they are ignored by the law as it stands. There is very little protection available if a relationship breaks down and the financially weaker individual will lose out significantly.

“Giving more rights to cohabiting couples would help to protect victims of domestic abuse. The sad reality is that abusers take advantage of the current lack of legal protection. They know their victims cannot afford to leave the relationship and would have no financial independence or ability to rebuild their lives. The law in this area is long-overdue for reform.

“Whilst reform is needed, this must be properly considered and finely balanced with the rights conferred to married couples. The incentive and sanctity of marriage should be protected.”

TOPIC: The decision by the CMA to clear Microsoft’s £11bn partnership with OpenAI today,

COMMENT BY: Alex Haffner, competition partner, Fladgate

“The decision was reached on purely procedural grounds – whether Microsoft had, through the operational/other changes announced around the time of Sam Altman’s initial departure from the business, achieved a higher level of control over Open AI (at least for merger control purposes) than it had before they took effect.

The CMA has concluded no such change of control has taken place and, in particular, Microsoft doesn’t at this time have the ability to control the company’s commercial policies. In that sense, it is relatively straightforward. However, against the current narrative of how to regulate Big Tech and, notably disquiet in some quarters as to whether the CMA is being leaned on too heavily by government to change its approach, the decision will no doubt further fan the flames of discontent amongst certain interest groups, a fact evidenced by the open letter to the CMA by tech firms and publishes querying that very perceived change of motive.”

TOPIC: The possibility that the Government might scale back its Employment Rights Bill

COMMENT BY: Vicky Schollar, Head of Employment, Gardner Leader

“The Employment Rights Bill which launched last October will be back before the House of Commons next week where changes to the Bill will be considered.  However, there are concerns that following lobbying by business representatives, the Bill may be watered down to soften its impact on employers.

 “With rising costs on the horizon in the form of increases in National Minimum Wage and employer national insurance contributions, employers are concerned that these costs combined with costs arising under the Bill, such as day one rights to sick pay and increased litigation will be the tipping point for many small businesses and could lead to low levels of recruitment, redundancies or, in the worst case scenario, the businesses folding. However, some say that the Bill does not go far enough to offer protection to those in insecure jobs or to prevent the exploitation of workers, due to loopholes in the legislation as it’s currently drafted.

 “One of the recommendations from the Business and Trade Committee is that the reform of worker status needs to be accelerated and not put on the back burner to prevent companies from sidestepping their obligations to workers.”

TOPIC: The decision by the ICO (the UK’s data protection watchdog) to investigate TikTok, along with online forum site Reddit and image-sharing site Imgur, regarding how they use the personal information of teenage users

COMMENT BY: William Richmond-Coggan | Partner | Dispute Management | Freeths

“It is not surprising that the ICO has chosen to focus its investigatory efforts on TikTok. With limited resources, the ICO will want to ensure that any intervention is likely to benefit the highest number of users, and that any conclusions they reach will attract as much attention as possible.

But it would be a mistake for organisations that are not of the size of TikTok or Meta to imagine that this means that they are able to operate with impunity. A range of very serious obligations are imposed in relation to the safety of young people, and the protection of their personal data, under statutory guidance like the ICO’s Children’s Code and under legislation like the Online Safety Act. Most of those obligations apply to any business which operates using significant quantities of children’s data, or which offers products and services which might be expected to be of interest to young people (whether or not targeted at them). It may be that smaller businesses will be able to escape direct regulatory scrutiny, at least unless they suffer a breach or other incident. But we have already seen some litigation in the UK and elsewhere targeted at the potentially harmful impact on young people of TikTok’s algorithms.

The further spotlight shone on this sector, and its shortcomings, by the ICO’s new investigation is only likely to increase the potential for further claims. Prudent operators are not going to be waiting to be made an example of either in the Courts or by the regulators, but will be looking to secure a competitive advantage and drive down risk by ensuring full compliance with the range of child-related obligations they are subject to. And concerned parents and the young people directly affected by harmful or careless processing, are not likely to wait for regulatory processes to run their course before they take action against what they perceive to be the worst offenders.”

APPOINTMENTS OF THE WEEK

FOOT ANSTEY

Holly Henderson is joining Foot Anstey as a Commercial Real Estate Partner in the firm’s Guildford hub.

Previously with Forsters, Henderson has extensive experience in real estate transactions, with a strong focus on the retail and leisure sector. She advises landlords of major shopping centre developments on asset management strategies and works with high street retailers and multinational brands expanding into the UK market. Her client base includes tenant occupiers and institutional investors.

“Foot Anstey is on a really exciting growth journey, and I was drawn to the opportunities available at the firm,” said Henbderson. “I’m especially looking forward to collaborating with the Retail sector team to further strengthen the real estate services we offer clients. Building on the firm’s strong track record in this space, I’m excited to be able to advise retailers on their expansion plans and support their growth in the market.”

“Holly’s fantastic reputation in the retail sector coupled with her strong technical ability will be a huge asset to our clients.” said partner Carol Phillips.

GARDNER LEADER

Sarah Hunt has joined Gardner Leader as its new HR Director. Previously with Thames Water, Prudential, and at IT provider ESP Global Services, Hunt has over 30 years’ experience in the HR field both in SME and large corporate environments. Her expertise includes HR transformation, including building HR functions and people focussed strategies ‘from the ground up’ across the full suite of HR policies and systems, covering employee relations, learning and development, training programmes, reward, recruitment, performance and line management, and employment law.

“It’s fantastic to have someone of Sarah’s stature bring such a wealth of expertise and knowledge to our team,” commented Managing Partner, Derek Rodgers. “As we continue to grow, attracting and retaining the best talent remains a priority. Sarah has hands-on experience in establishing effective pathways for professional development and building strong, people-focused cultures. We look forward to the positive impact Sarah will have on our team and our firm’s future success.”

Gardner Leader has offices in Newbury, Thatcham, and Maidenhead in Berkshire, Swindon in Wiltshire, as well as Oxford, Windsor and London.

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